MG2VACBCA100 Indian Constitution: Legal and

Ethical Perspectives for IT

Module 1.2 Fundamental Rights and Duties
 Fundamental Rights and Duties
The Fundamental Rights form the cornerstone of the Indian Constitution, safeguarding the freedoms
and dignity of individuals while ensuring equality and justice in a democratic society. These rights are
enshrined in Part III of the Constitution, from Articles 12 to 35, and are inspired by the Universal
Declaration of Human Rights (1948).
Fundamental Rights: Overview
Fundamental Rights are justiciable, meaning individuals can approach the courts for their
enforcement.
They act as limitations on the powers of the government and protect individuals from state overreach.
These rights promote the ideals of liberty, equality, and fraternity as stated in the Preamble.
Classification of Fundamental Rights
1. Right to Equality (Articles 14–18)
Article 14: Equality before the law and equal protection of the laws.
• Prohibits discrimination and ensures fairness in governance.
Article 15: Prohibition of discrimination based on religion, race, caste, sex, or place of birth.
Exceptions: Special provisions for women, children, socially and educationally backward classes, and
Scheduled Castes/Tribes.
Article 16: Equality of opportunity in public employment. Allows for reservations for backward classes
and minorities.
Article 17: Abolition of untouchability and its practice in any form.
Article 18: Abolition of titles except for military and academic distinctions.
2. Right to Freedom (Articles 19–22)
Article 19: Protection of six freedoms:
• Freedom of speech and expression.
• Freedom to assemble peacefully without arms.
• Freedom to form associations or unions.
• Freedom to move freely throughout India.
• Freedom to reside and settle anywhere in India.
• Freedom to practice any profession or trade.
• Restrictions: These freedoms are subject to reasonable restrictions in the interest of
sovereignty, public order, morality, etc.
Article 20: Protection in respect of conviction for offenses.Prohibits ex post facto laws, double
jeopardy, and self-incrimination.
Article 21: Protection of life and personal liberty.
• "No person shall be deprived of life or personal liberty except according to procedure established
by law."
• Includes rights such as the Right to Privacy, Right to a Clean Environment, and Right to Education.
Article 21A: Right to free and compulsory education for children aged 6–14 years.
Article 22: Protection against arbitrary arrest and detention.
3. Right Against Exploitation (Articles 23–24)
Article 23: Prohibition of human trafficking and forced labor.
Article 24: Prohibition of employment of children in hazardous industries below the age of 14.
4. Right to Freedom of Religion (Articles 25–28)
Article 25: Freedom of conscience and the right to freely profess, practice, and propagate religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom from taxes for promotion of any religion.
Article 28: Freedom from religious instruction in educational institutions wholly funded by the state.
5. Cultural and Educational Rights (Articles 29–30)
Article 29: Protection of interests of minorities to conserve their language, script, and culture.
Article 30: Right of minorities to establish and administer educational institutions.
6. Right to Constitutional Remedies (Article 32)
• Described as the "heart and soul of the Constitution" by Dr. B.R. Ambedkar.
• Provides the right to move the Supreme Court for the enforcement of Fundamental Rights.
• Courts can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
Right to Privacy in the Digital Age
The Right to Privacy is an essential part of the Right to Life and Personal Liberty under Article 21.
Recognition of Right to Privacy
The Supreme Court, in the landmark case Justice K.S. Puttaswamy v. Union of India (2017), declared that
privacy is a fundamental right. Privacy encompasses physical privacy, informational privacy, and
autonomy over personal decisions.
Fundamental Duties in the Context of Digital Citizenship and Cyber
Ethics
The Fundamental Duties, listed under Article 51A of the Indian Constitution, outline the moral
obligations of every citizen. In the modern digital age, where the internet and technology play a central
role in daily life, these duties are increasingly relevant in promoting responsible digital citizenship and
cyber ethics.
Overview of Fundamental Duties (Article 51A)
Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976, and later
expanded by the 86th Amendment Act, 2002. They are non-justiciable, meaning they cannot be
enforced by law but act as guiding principles for ethical behavior.
List of Fundamental Duties
1.Respect the Constitution, national flag, and anthem.
2.Cherish the ideals of the freedom struggle.
3.Uphold sovereignty, unity, and integrity of India.
4.Defend the nation and render national service when required.
5.Promote harmony and brotherhood.
• Protect the natural environment, including forests, lakes, and wildlife.
• Develop scientific temper, humanism, and the spirit of inquiry.
• Safeguard public property and abjure violence.
• Strive for excellence in all spheres of activity.
• Provide opportunities for education to children aged 6– 14 years.

Connecting Fundamental Duties to Digital Citizenship

Digital citizenship refers to the responsible and ethical use of technology and the internet. It involves
understanding digital rights, practicing cyber ethics, and contributing positively to the digital
community. Fundamental Duties align with digital citizenship in the following ways:
Respect the Constitution, National Flag, and Anthem
• In the Digital Context: Citizens must refrain from activities that disrespect national symbols online,
such as sharing memes or derogatory content about the flag or anthem.
• Cyber Ethics: Promote national pride by sharing accurate and respectful content about India’s
heritage and achievements.
Cherish the Ideals of the Freedom Struggle
• In the Digital Context: Share and promote content that honors India’s history and the sacrifices of
freedom fighters, avoiding the spread of false narratives or misinformation about the independence
movement.
• Cyber Ethics: Avoid glorifying divisive ideologies or posting content that undermines India’s unity.
Uphold Sovereignty, Unity, and Integrity of India
• In the Digital Context: Avoid spreading fake news, propaganda, or content that incites communal
hatred or regional division.
• Cyber Ethics: Stand against cybercrimes like hacking or cyberterrorism that threaten national security.
Promote Harmony and Brotherhood
• In the Digital Context: Avoid hate speech, trolling, and cyberbullying. Promote inclusivity by respecting
different opinions and cultural diversity online.
• Cyber Ethics: Ensure respectful communication and refrain from posting offensive or inflammatory
content.
Develop Scientific Temper and Humanism
• In the Digital Context: Encourage critical thinking and the responsible use of technology. Promote
awareness of cyber ethics and the consequences of cybercrime.
• Cyber Ethics: Combat the spread of misinformation, particularly on scientific topics like health,
environment, and technology, by sharing verified and accurate information.
Protect the Environment
• In the Digital Context: Use digital tools to spread awareness about environmental conservation.
Avoid activities like e-waste dumping and improper disposal of electronic devices.
• Cyber Ethics: Support initiatives for sustainability and advocate for green technology.
Safeguard Public Property
• In the Digital Context: Avoid hacking government websites, damaging digital infrastructure, or
participating in cyber attacks on public resources.
• Cyber Ethics: Contribute to maintaining the integrity of public digital systems.
Strive for Excellence
• In the Digital Context: Use technology for self-improvement, skill development, and contributing
positively to society.
• Cyber Ethics: Ensure ethical practices in online learning, research, and digital work environments.
Key Aspects of Cyber Ethics Related to Fundamental Duties
a. Avoiding Cybercrime
• Citizens must not engage in unethical activities such as hacking, phishing, identity theft, or spreading
malware.
• Ethical behavior includes reporting cybercrimes and ensuring the safety of digital networks.
b. Promoting Digital Inclusivity
• Citizens should promote digital literacy and help bridge the digital divide, ensuring everyone has
access to technology and the internet.
• This aligns with the duty to promote education and humanism.
c. Ensuring Data Privacy
• Respect the privacy of others online by not sharing or misusing personal data without consent.
• Support legal frameworks for data protection and responsible use of personal information.
d. Combatting Misinformation
• With the rise of fake news and misinformation, digital citizens must verify facts before sharing
content.
• This supports the duty to uphold truth and promote a spirit of inquiry.
Importance of Digital Citizenship in Upholding Fundamental Duties
• Cyber Awareness: Educating individuals about their responsibilities in cyberspace ensures a safer
digital environment for everyone.
• National Security: Ethical digital practices strengthen national security by preventing cybercrimes
and maintaining the integrity of the digital infrastructure.
• Global Reputation: Responsible digital behavior reflects positively on India’s image in the global
community.
Privacy Concerns in the Digital Age
1. Data Protection: Increasing use of digital platforms raises concerns about the misuse of
personal data by private companies and governments.
2. Cybersecurity: Threats like hacking, phishing, and data breaches challenge the privacy of
individuals.
3. Surveillance: Government surveillance, such as the use of Aadhaar or facial recognition systems,
raises questions about personal freedom.
4. Social Media: Platforms like Facebook and Instagram collect vast amounts of personal data,
posing risks of exploitation.
5. Artificial Intelligence: AI technologies that track user behavior can intrude into private life.
Government Measures
• The Information Technology Act, 2000, and its amendments address cybersecurity and data
protection.
• The Personal Data Protection Bill (PDP) is being debated to regulate data collection, storage,
and processing.