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National Human Responsibilities Commission

National Human Responsibilities Commission

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).
 


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