S.Kalyanaraman
I submit that we need a National
Human Responsibilities Commission.
Just as Fundamental Rights in our
Constitution are justiciable, the Fundamental Duties clause incorporated
in the Constitution 25 years ago should also be made justiciable:
Article 51A, which constitutes Part
IVA of the Constitution, reads as under:
"Article 51A. Fundamental Duties
- It shall be the duty of every citizen of India -
(a) to abide by the Constitution
and respect its ideals and institutions, the National Flag and the National
Anthem;
(b) to cherish and follow the noble
ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty,
unity and integrity of India;
(d) to defend the country and render
national service when called upon to do so;
(e) to promote harmony and the spirit
of common brotherhood amongst all the people of India transcending religious,
linguistic and regional or sectional diversities; to renounce practices
derogatory to the dignity of women;
(f) to value and preserve the rich
heritage of our composite culture;
(g) to protect and improve the natural
environment including forests, lakes, rivers and wild life, and to have
compassion for living creatures;
(h) to develop the scientific temper,
humanism and the spirit of inquiry and reform;
(i) to safeguard public property
and to abjure violence;
(j) to strive towards excellence
in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavour and achievement.".
This clause got into the Constitution,
thanks to the initiative of Mr. Justice Rangnath Mishra, Former Chief Justice
of India, who addressed a letter to the Hon'ble Chief Justice of India,
(who took congnizance of it and it was registered as a Writ Petition) said
: -
"All of us are experiencing to our
horror degrading human behaviour in society every day. The deterioration
is gradually becoming sharper and unless this fall is immediately arrested
and a remedial measure found out and enforced, the situation would not
improve. Fundamental Duties have remained in the Constitution Book and
have not come out to reach even the class of people who handle the Constitution.".
"If society becomes duty based,
every one in India should turn attention on performance of duties and through
such performance ensure and be entitled to the rights of a citizen.".
"...as a nation-building measure,
teaching Fundamental Duties in every educational institution and as a measure
of in-service training everywhere was necessary as these cannot be inculcated
in our citizens unless these are brought into their minds and living process
through teaching and education".
"... it is the obligation of the
State to educate the citizens in the matter of Fundamental Duties so that
a right balance between Rights and Duties may emerge".
Gandhiji:
"The true source of right is duty.
If we all discharge our duties, rights will not be far to seek. If leaving
duties unperformed we run after rights, they will escape us like will-o-the-wist,
the more we pursue them, the farther they will fly".
"I learned from my illiterate but
wise mother that all rights to be deserved and preserved come from my duty
well done. Thus the very right to live accrues to us when we do the duty
of citizenship of the world. From this one fundamental statement, perhaps
it is easy enough to define duties of man and women and correlate every
right to some corresponding duty to be first performed. Every other right
can be shown to be a usurpation hardly worth fighting for".
http://lawmin.nic.in/ncrwc/finalreport/v2b1-7.htm
:
"Our composite culture lays greatest
emphasis on higher law, which is the panacea for all political, social,
economic and ethical ills in the society. Higher law means a determined
resolve to a conduct and behaviour which will have the effect of rendering
all penal laws redundant.
"The foremost are five :
(i) If a citizen commits theft,
he is punished with imprisonment or with fine or both; this is law. However,
if the citizen takes the determined resolve within himself that he will
not commit theft even if the whole world may, this is higher law (Asteya);
(ii) If a citizen causes hurt to
another person, he is punished; this is law. However, if the citizen takes
a determined resolve within himself that he shall not cause hurt to anyone;
this is higher law (Ahimsa);
(iii) If a citizen commits cheating
he is punished; this is law. However, if the citizen takes a determined
resolve within himself that he shall not cheat or deceive any body; this
is higher law (Satya);
(iv) If a citizen takes a bribe
he is punished; this is law. However, if every citizen takes a determined
resolve not to take bribe, and not to give bribe, even if the whole world
may; this is higher law (Aprigraha); and
(v) If a citizen outrages the modesty
of a women he is punished, this is law. However, if the citizen takes the
determined resolve that (except his wife) he shall always look upon women
as his mother, sister or daughter; this is higher law (Brahmacharya).