Pune Mirror:Anjali Shetty:Sunday, January 22, 2012.
The Republic Day is a commemoration of our constitution guaranteeing us our fundamental rights but do we value them? More on what went wrong with the rights...
We are enjoying our liberty thanks to the constitutional set-up, but are we grateful to the system? We all enjoy being independent and liberal with our thoughts and actions. Be it at home, work or with our country. We tend to enjoy the rights provided to us without realising its raison d’etre.
Our rights are secured by our constitution which in turn is secured by the State — the government — but how many of us are fully aware of our rights and fundamental duties and are we mature enough to handle them? “One tiny man called Anna Hazare started a ginormous mass movement which triggered a new awakening and suddenly made us aware of some of our rights we did not realise we had,” says Shrikant Kulkarni, a citizen.
“It also made everyone realise that questioning and demanding for our rights can be done in non-violent manner. That we could do this in a peaceful way shocked the world and staging a protest quietly can create bigger ripples than violent , bloody coups.” Now that we have been made aware of our rights, is it that we take them for granted — or worse, misuse them?
This January 26, our constitution came into existence 62 years ago in 1950 on this day and presented us with rights that were secured by the State. Our fundamental rights fall under part three of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State.
Our rights are secured by our constitution which in turn is secured by the State — the government — but how many of us are fully aware of our rights and fundamental duties and are we mature enough to handle them? “One tiny man called Anna Hazare started a ginormous mass movement which triggered a new awakening and suddenly made us aware of some of our rights we did not realise we had,” says Shrikant Kulkarni, a citizen.
“It also made everyone realise that questioning and demanding for our rights can be done in non-violent manner. That we could do this in a peaceful way shocked the world and staging a protest quietly can create bigger ripples than violent , bloody coups.” Now that we have been made aware of our rights, is it that we take them for granted — or worse, misuse them?
This January 26, our constitution came into existence 62 years ago in 1950 on this day and presented us with rights that were secured by the State. Our fundamental rights fall under part three of the Constitution of India that prescribe the fundamental obligations of the State to its citizens and the duties of the citizens to the State.
Social call
Dr Vishwambhar Choudhari, social activist believes that the reason for the constitution has not been put to full use even today. The idea was to make it a people’s country. The power of people has not been utilised. “The constitution was established to make it a people’s democratic country but today it is a people’s representative democracy.
The other thing is that the law in our country is written in a non-readable language for the common man to understand.” And, there’s a relative example to explain his argument. He says, “In school, we study the past that is history for around 80 marks, but a subject that impacts the future like civic studies is taught for 20 marks only. So, how do you expect the citizens of this country to realise and respect their rights?”
Choudhari adds, “Catch any person on FC Road and ask him questions about the constitution or local assembly. Not one will know how many MPs and MLAS make the local assembly!”
Dr Vishwambhar Choudhari, social activist believes that the reason for the constitution has not been put to full use even today. The idea was to make it a people’s country. The power of people has not been utilised. “The constitution was established to make it a people’s democratic country but today it is a people’s representative democracy.
The other thing is that the law in our country is written in a non-readable language for the common man to understand.” And, there’s a relative example to explain his argument. He says, “In school, we study the past that is history for around 80 marks, but a subject that impacts the future like civic studies is taught for 20 marks only. So, how do you expect the citizens of this country to realise and respect their rights?”
Choudhari adds, “Catch any person on FC Road and ask him questions about the constitution or local assembly. Not one will know how many MPs and MLAS make the local assembly!”
Ruler’s responsible
So, who is to be blamed if the citizens are unaware or take things lightly? Maj Gen (Retd) SCN Jatar, President, Nagrik Chetna Manch states, “I think 90 per cent of the citizens don't even know what their rights are. Our ruling elite has ensured that the citizens remain ignorant of their rights. Out of the other 10 per cent also nine per cent of them know but don’t want to exercise it.
And the other half of the one per cent left who try and exercise the right it is most often used for personal gains.” He gives an example of the RTI, which is not written as such but has evolved from the fundamental rights itself. “Around 98 per cent of the citizens are using the RTI for personal gain and not in public interest. So, here it is important that people of the country realise their rights and use them for their and the country’s benefit!”
Jatar goes on to add, “Our rulers are responsible that is the politicians and bureaucrats. Politicians have learnt a selfish motive from Britishers: “Let people vent anger and eventually they will let go!”
So, who is to be blamed if the citizens are unaware or take things lightly? Maj Gen (Retd) SCN Jatar, President, Nagrik Chetna Manch states, “I think 90 per cent of the citizens don't even know what their rights are. Our ruling elite has ensured that the citizens remain ignorant of their rights. Out of the other 10 per cent also nine per cent of them know but don’t want to exercise it.
And the other half of the one per cent left who try and exercise the right it is most often used for personal gains.” He gives an example of the RTI, which is not written as such but has evolved from the fundamental rights itself. “Around 98 per cent of the citizens are using the RTI for personal gain and not in public interest. So, here it is important that people of the country realise their rights and use them for their and the country’s benefit!”
Jatar goes on to add, “Our rulers are responsible that is the politicians and bureaucrats. Politicians have learnt a selfish motive from Britishers: “Let people vent anger and eventually they will let go!”
Young voice
Tanmay Kanitkar, secretary, Parivartan an organisation with a group of like-minded youth with the objective of improving the political and social structure of society. Here, he realised that the citizens of our country are aware of their rights but are unaware of their duties towards the nation.
It is high time they bring about a change in the way they think and perceive their rights and duties. He says, “Basically, everyone spends a lot of time talking and no action is taken. To make a change or realise an issue the initiative has to be taken from within.
Today, citizens are unaware and casual about their rights and duties. For which, the government and system has to blamed. They have not implemented things correctly! My generation has to realise the importance of a free country and the benefits of belonging to one.”
Tanmay Kanitkar, secretary, Parivartan an organisation with a group of like-minded youth with the objective of improving the political and social structure of society. Here, he realised that the citizens of our country are aware of their rights but are unaware of their duties towards the nation.
It is high time they bring about a change in the way they think and perceive their rights and duties. He says, “Basically, everyone spends a lot of time talking and no action is taken. To make a change or realise an issue the initiative has to be taken from within.
Today, citizens are unaware and casual about their rights and duties. For which, the government and system has to blamed. They have not implemented things correctly! My generation has to realise the importance of a free country and the benefits of belonging to one.”
Right effect
Asim Sarode, human rights analyst is of the opinion that in the country where ‘right to decent’ has not been recognised yet in the fullest of its sense, talking about rights is always a very difficult task. “When I started working for protecting and securing rights, I never thought that I will be engaging myself in 24 x 7 socio-legal activism.
While working with the communities in which people are facing violation of human rights as a part of their day to day life, it becomes very difficult to establish a concept of rights in the orthodox system which is still carrying the colonial legacy. It is not easy for many people to just talk about their rights.
For one class of Indian population, it might be a republic day but there are portions of the same Nation in which a population of living human beings are even not aware about any such existence of Republic Day or Independence Day.”
People in India whether they are in any political parties or with some movements many times show disrespect towards ‘public property’. If we boost ourselves as citizens of a republic then we all should learn to show respect to all the public properties and decide not to express or anger or any kind of expression, which will result into destruction of Government and public property.
The right form of Government depends on the development reached by the people. We have failed miserably to understand the secular structure of our democracy. After the Britishers, Indian politicians are playing the games of ‘divide and rule’ in the name of religion. It is a good sign that some of the sensitive and socially motivated people are entering into active politics with an aim to purify our political system and such type of experiments always can strengthen the democracy.
We need to move ourselves forward from concept of ‘welfare State’ to State having ‘right-based approach’ in way of functioning while enjoying liberty. Force, law and compassion cannot be used together.
While talking about a right diluting the concept of duties is not proper. Only demanding for ‘rights’ is a capitalistic thought so while exercising our liberty we all should keep in mind that rights and duties are to sides of same coins. We need to put ourselves into habit of constantly thinking more scientifically, rationally about our own behaviour and aspect of democracy which can result in a mature republic.
Asim Sarode, human rights analyst is of the opinion that in the country where ‘right to decent’ has not been recognised yet in the fullest of its sense, talking about rights is always a very difficult task. “When I started working for protecting and securing rights, I never thought that I will be engaging myself in 24 x 7 socio-legal activism.
While working with the communities in which people are facing violation of human rights as a part of their day to day life, it becomes very difficult to establish a concept of rights in the orthodox system which is still carrying the colonial legacy. It is not easy for many people to just talk about their rights.
For one class of Indian population, it might be a republic day but there are portions of the same Nation in which a population of living human beings are even not aware about any such existence of Republic Day or Independence Day.”
People in India whether they are in any political parties or with some movements many times show disrespect towards ‘public property’. If we boost ourselves as citizens of a republic then we all should learn to show respect to all the public properties and decide not to express or anger or any kind of expression, which will result into destruction of Government and public property.
The right form of Government depends on the development reached by the people. We have failed miserably to understand the secular structure of our democracy. After the Britishers, Indian politicians are playing the games of ‘divide and rule’ in the name of religion. It is a good sign that some of the sensitive and socially motivated people are entering into active politics with an aim to purify our political system and such type of experiments always can strengthen the democracy.
We need to move ourselves forward from concept of ‘welfare State’ to State having ‘right-based approach’ in way of functioning while enjoying liberty. Force, law and compassion cannot be used together.
While talking about a right diluting the concept of duties is not proper. Only demanding for ‘rights’ is a capitalistic thought so while exercising our liberty we all should keep in mind that rights and duties are to sides of same coins. We need to put ourselves into habit of constantly thinking more scientifically, rationally about our own behaviour and aspect of democracy which can result in a mature republic.
Beg to differ
RV Krishnan, president, Professionals Party of India, believes that the scenario today is not as simplistic as it seems. “We are a multi-level society with one level of the highly informed the other of the professionals who are unaware of their rights the third of legally aware but irresponsible and the last of the level is the section that is ill-informed, no basic facilities and so on.
Our system is a matrix between multi-levels of the society, fundamental rights plus the law of natural justices.”
RV Krishnan, president, Professionals Party of India, believes that the scenario today is not as simplistic as it seems. “We are a multi-level society with one level of the highly informed the other of the professionals who are unaware of their rights the third of legally aware but irresponsible and the last of the level is the section that is ill-informed, no basic facilities and so on.
Our system is a matrix between multi-levels of the society, fundamental rights plus the law of natural justices.”
Will there be a change?
Choudhari says, “Citizens have started to realise and voice their opinions. There is this certain confidence coming in the common man and now they know how to portray their patriotism on days other than August 15 and January 26.”
Sarode says, “We still have to develop ourselves in a democratic system. People are facing violence, abuse and harassment but they are not aware that what is happening against them is injustice. At the same time, we can see some people approaching the courts as and when they feel like getting justice.
Legal Aid system is there to help the poor and needy person to provide legal assistance but unfortunately they are not reaching out to the real needy people and it is just trapped in organising superficial legal awareness programmes, but then also I am very hopeful because we are having a democratic system which is functioning and having many good people working in it.
The question is about the way of functioning of the governance system and I think that we all should pledge to work together to give more constructive and positive directions to the present democratic system. On this Republic Day, we should decide to travel from a trodden concept of good governance and a majority rule towards ‘freedom from Government’. Only good governance and majority rule is not the real meaning of democracy; decentralisation of power is the best pattern of such governance system which will be government of people.”
Philanthropist Lila Poonawalla says we have over realised the security under the constitution of India and the rights given to us by different State acts that we fail to cherish them and work and live within the frame work laid down by our forefathers. “We are aware and we also have taken them for granted.
The need of the hour is to ensure that the very rights that we cherish are not destroyed. We are grateful to the system and there is no doubt about it, but we are also to be blamed for misusing the system under the name of right to all freedoms provided by the constitution. We must zealously protect what we have inherited so that it is not destroyed.”
• One tiny man called Anna Hazare started a ginormous mass movement which triggered a new awakening and suddenly made us aware of some of our rights we did not realise we had
► The constitution was established to make it a people’s democratic country, today it is a people’s representative democracy. The law in our country is written in a non-readable language for the common man to understand
- Dr Vishwambhar Choudhari, Social activist
► I think 90 per cent don’t even know what their rights are. Our rulers have ensured that the citizens remain ignorant of their rights. Out of the 10 per cent also nine per cent of them don’t want to exercise their rights
- Maj Gen (Retd) SCN Jatar, President, Nagrik Chetna Manch
► We are grateful to the system and there is no doubt about it, but we are also to be blamed for misusing the system under the name of right to all freedoms provided by the constitution
- Lila Poonawalla, Philanthropist
► We are a multi-level society with one level of the highly informed the other of the professionals who are unaware, the third of the legally aware but irresponsible and the last of ill-informed with no basic facilities, etc
- RV Krishnan, President, Professionals Party of India
► While working with the communities in which people are facing violation of human rights as a part of their day to day life, it becomes very difficult to establish a
concept of rights in the orthodox system
- Asim Sarode, Human rights analyst
► Everyone spends a lot of time talking and no action is taken. To make a change or realise an issue the initiative has to be taken from within. Today, citizens are unaware and casual about their rights and duties
- Tanmay Kanitkar, Secretary, Parivartan
Choudhari says, “Citizens have started to realise and voice their opinions. There is this certain confidence coming in the common man and now they know how to portray their patriotism on days other than August 15 and January 26.”
Sarode says, “We still have to develop ourselves in a democratic system. People are facing violence, abuse and harassment but they are not aware that what is happening against them is injustice. At the same time, we can see some people approaching the courts as and when they feel like getting justice.
Legal Aid system is there to help the poor and needy person to provide legal assistance but unfortunately they are not reaching out to the real needy people and it is just trapped in organising superficial legal awareness programmes, but then also I am very hopeful because we are having a democratic system which is functioning and having many good people working in it.
The question is about the way of functioning of the governance system and I think that we all should pledge to work together to give more constructive and positive directions to the present democratic system. On this Republic Day, we should decide to travel from a trodden concept of good governance and a majority rule towards ‘freedom from Government’. Only good governance and majority rule is not the real meaning of democracy; decentralisation of power is the best pattern of such governance system which will be government of people.”
Philanthropist Lila Poonawalla says we have over realised the security under the constitution of India and the rights given to us by different State acts that we fail to cherish them and work and live within the frame work laid down by our forefathers. “We are aware and we also have taken them for granted.
The need of the hour is to ensure that the very rights that we cherish are not destroyed. We are grateful to the system and there is no doubt about it, but we are also to be blamed for misusing the system under the name of right to all freedoms provided by the constitution. We must zealously protect what we have inherited so that it is not destroyed.”
• One tiny man called Anna Hazare started a ginormous mass movement which triggered a new awakening and suddenly made us aware of some of our rights we did not realise we had
- Dr Vishwambhar Choudhari, Social activist
► I think 90 per cent don’t even know what their rights are. Our rulers have ensured that the citizens remain ignorant of their rights. Out of the 10 per cent also nine per cent of them don’t want to exercise their rights
- Maj Gen (Retd) SCN Jatar, President, Nagrik Chetna Manch
► We are grateful to the system and there is no doubt about it, but we are also to be blamed for misusing the system under the name of right to all freedoms provided by the constitution
- Lila Poonawalla, Philanthropist
► We are a multi-level society with one level of the highly informed the other of the professionals who are unaware, the third of the legally aware but irresponsible and the last of ill-informed with no basic facilities, etc
- RV Krishnan, President, Professionals Party of India
► While working with the communities in which people are facing violation of human rights as a part of their day to day life, it becomes very difficult to establish a
concept of rights in the orthodox system
- Asim Sarode, Human rights analyst
► Everyone spends a lot of time talking and no action is taken. To make a change or realise an issue the initiative has to be taken from within. Today, citizens are unaware and casual about their rights and duties
- Tanmay Kanitkar, Secretary, Parivartan
.JPG)
.JPG)
