Enforcing Fundamental Duties

Enforcing Fundamental Duties

Subject: Polity

Enforcing Fundamental Duties

• A petition in the Supreme Court has sought the enforcement of fundamental duties of citizens, including patriotism and unity of nation, through ‘comprehensive, and well-defined laws.’
• The petition argued that the “need of the hour” was to remind citizens that fundamental duties were as important as fundamental rights under the Constitution.
• Though it agreed that the 11 fundamental duties listed in Article 51A of the Constitution were basically “moral obligations” on citizens, the petition used the prefix “sacrosanct” to define these obligations.
• It said the time had come to balance rights, liberties and freedoms and obligations. Fundamental duties instilled a “profound sense of social responsibility towards the nation”.
• It said fundamental duties were “brazenly flouted” by people. These duties were an important tool to protect unity and integrity.
• The petition mentioned the Supreme Court’s own judgment in the Ranganath Mishra case to contend that fundamental duties should not only be enforced by legal sanctions but also by social sanctions.

Verma Committee on Fundamental Duties

The Verma Committee on Fundamental Duties of the Citizens (1999) identified the existence of legal provisions for the implementation of some of the Fundamental Duties.

They are mentioned below:

• The Prevention of Insults to National Honor Act (1971) prevents disrespect to the Constitution of India, the National Flag, and the National Anthem.
• The various criminal laws in force provide for punishments for encouraging enmity between different sections of people on grounds of language, race, place of birth, religion and so on.
• The Protection of Civil Rights Act (1955) provides for punishments for offences related to caste and religion.
• The Indian Penal Code (IPC) declares the imputations and assertions prejudicial to national integration as punishable offences.
• The Unlawful Activities (Prevention) Act of 1967 provides for the declaration of a communal organisation as an unlawful association.
• The Representation of the People Act (1951) provides for the disqualification of members of Parliament or a state legislature for indulging in corrupt practice, that is, soliciting votes on the ground of religion or promoting enmity between different sections of people on grounds of caste, race, language, religion and so on.
• The Wildlife (Protection) Act of 1972 prohibits trade in rare and endangered species.
• The Forest (Conservation) Act of 1980 checks indiscriminate deforestation and diversion of forest land for non-forest purposes.