Rights, duties and the Constitution (Ensure all rights first, then demand duties)

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 Rights, duties and the Constitution (Ensure all rights first, then demand duties)

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• What Indira Gandhi did: During the Emergency Period (1975-77), her govt. brought the 42nd Amendment to make fundamental changes to the Constitution.

1. The supremacy of the govt. was established
2. Courts were to be permanently constrained
3. 'Checks and balances' was weakened

• Do your duty: The amendment spoke of "fundamental duties of citizens" and dealing with "anti national activities".

1. These two came together, and have outlasted the Indira Gandhi regime
2. "Anti National" has become a great tool for those in power!
3. The CJI of SC J. Bobde reminded India in Feb 2020 that "real rights are a result of performing duties" (Mahatam Gandhi, Hind Swaraj).

• A dangerous conflation: This mixing of rights and duties is dangerous, although on the face of it, seemingly logical.

1. Already bound - All citizens are anyway already bound by multiple duties towards the state and other people (taxes, peace with all, multiple laws). They cannot violate any of these or they face penalties. So we are bound by duties permanently.
2. Logic of rights - Rights are totally different compared to compulsory duties discussed above. During British rule, Indian were subjects, with zero voice and power. The Constituent Assembly also had the example of the Jewish holocaust by the Nazis (where humans were reduce to animal status, and killed).

• Fundamental Rights: Hence, the fundamental rights first spoke of basic dignity and equality that no one could take away. There were no pre-conditions to qualify for such rights - they were guaranteed to one and all being human.
• Social structure: The makers also knew that colonialism had overlaid itself on a society that was stratified and unequal always. Gender, caste and religion had always kept masses subjugated. Hence, fundamental rights destroyed the hierarchy in society - no forced labour, no untouchability, no discrimination in public spaces, etc. Make it all equal.
• Twin objectives: So, fundamental rights in India gave two things - anti-hierarchy, and anti-dehumanisation. Democracy wouldn't exist without these. First the state has to ensure these rights, and then remind people of duties.
• Do not mix: It is wrong to mix the two ideas, as it can then simply lead to the old days, where duties were used to restrict human rights. In the name of society and family, the individual's rights are simply effaced.
• Fundamental unit: Dr Ambedkar made it clear that the fundamental unit of our Constitution was the individual.
• Misuse of 'duties': It is very easy to misuse the concept of duties to simply further burden the already vulnerable, and place upon them more duties! 
• Summary: Thus, only after the state has ensured humanity, dignity, equality and freedom for a citizen, can it demand duties out of him.
• The Indian constitution is centred on the individual, and its focus is fundamental rights, not duties.

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