Author: Soli J. Sorabjee
Publication: The Indian Express
Date: September 27, 2004
URL: http://www.indianexpress.com/archive_full_story.php?content_id=55871
Introduction: We need a citizenry
that is alert to its obligations
The proliferation of rights and
dilution of corresponding duties has been a cause for concern. One response
was the Forty Second Constitutional Amendment which incorporated certain
fundamental duties of citizens in Article 51-A of the constitution. The
concept of duties of citizens was not a new fangled idea. Our ancient rishis
and sacred texts emphasise the importance of duties. The Bhagawad Gita
says ''Your duty is your right''. Gandhiji summed it up: ''I learned from
my illiterate but wise mother that all rights to be deserved and preserved
come from duty well done''.
Einstein stated ''Every day, on
hundred occasions, I remind myself that my mental and physical life depends
on the toil of other persons, living or dead. So I must try to repay whatever
I have received and am receiving''. Walter Lippman, the philosopher journalist,
was emphatic that ''For every right that you cherish you have a duty which
you must fulfill. For every hope that you entertain, you have a task you
must perform. For every good that you wish could happen... you will have
to sacrifice your comfort and ease. There is nothing for nothing any longer''.
Article 29(1) of The Universal Declaration
of Human Rights 1948 (UDHR), regarded as the Magna Carta of mankind, declares
that ''everyone has duties to the community in which alone the free and
full development of his personality is possible''. It is interesting that
the American Declaration of Rights and Duties of Man, May 2 1948, which
predated the UDHR, has two chapters. One chapter enumerates rights and
another mentions duties. The preamble to this declaration contains a fine
exposition of the correlation between rights and duties: ''The fulfillment
of duty by each individual is a prerequisite to the rights of all. Rights
and duties are interrelated in every social and political activity of man.
While rights exalt individual liberty, duties express the dignity of that
liberty. Duties of juridical nature presuppose others of moral nature which
support them in principle and constitute their basis''. One of the duties
mentioned is the duty to society. The African Charter of Human and Peoples
Rights of June 1981 also has a separate chapter on duties of individuals.
''Every individual shall have duties towards his family and society, the
State and other legally recognised communities and the international community''.
The thinking that every right gives
rise to a corresponding duty has acquired increasing acceptance. The Inter-Action
Council comprising of eminent persons proposed to the UN a draft ''A Universal
Declaration of Human Responsibilities'' on September 1 1997. The basic
premise is that freedom without acceptance of responsibility can destroy
the freedom itself, whereas when rights and responsibilities are balanced,
freedom is enhanced.
If we closely examine our constitution,
especially Part III which guarantees certain Fundamental Rights, it would
appear that every right is coupled with a duty. Duties are implicit in
Article 19 which guarantees fundamental freedoms to citizens. Indeed that
is the rationale of the various sub-clauses of Article 19 which permit
imposition of reasonable restrictions in public interest on the exercise
of fundamental rights.
Article 51-A lists ten fundamental
duties. Each has a distinct role and importance in our polity. One of the
duties specified in Article 51-A(e) reads as follows: ''to promote harmony
and the spirit of common brotherhood amongst all the people of India transcending
religious, linguistic and regional or sectional diversities...''
At present, when fanaticism and
bigotry stalk our land, utmost importance should be given to this duty.
Intolerance stems from an invincible assumption of the wisdom and infallibility
of one's beliefs and the mind set which regards any questioning of these
cherished beliefs as pernicious and subversive. We talk eloquently about
freedom of speech and expression but freedom for the thought we hate is
noticeably absent. Freedom to dissent which is a prerequisite of democracy
is under siege. Religious strife and communal disharmony are generated
by propagating stereotypes and prejudices. Ancient historical events are
resurrected for that purpose.
Our people are steeped in superstition.
Irrational beliefs, practices and customs are pervasive. Priests and pujaris
and soothsayers thrive on superstition. Rational dispassionate thinking
and the spirit of inquiry has taken a back seat. These phenomena need to
be countered by implementing the fundamental duty listed in Article 51-A(e)
of developing a scientific temper and the spirit of inquiry and reform.
It is debatable whether fundamental
duties by themselves are justiciable and can be directly enforced in a
court of law. Perhaps our Supreme Court may, by innovative interpretation,
make certain duties partly justiciable by infusing them into some Directive
Principles and gradually incorporating them in the Fundamental Rights.
But that is ''a perpetual possibility only in a world of speculation''.
What is urgently needed is the creation
of a citizenry conscious of their rights and duties. Measures must be adopted
by the Union and state governments to promote an awareness of constitutional
rights and responsibilities among citizens and to sensitise them to the
values embodied in our constitution.
The Justice Verma Committee on Fundamental
Duties of Citizens has rightly observed that ''The desired enforceability
can be better achieved by providing not merely for legal sanctions but
also combining it with social sanctions and to facilitate the performance
of the task through exemplar, role models... The real task, therefore,
is to devise methods which are a combination of these aspects to ensure
a ready acceptance of the programme by the general citizenry and the youth,
in particular''. Value based education has to play a pivotal role in this
field. The importance of fundamental duties must be emphasised at all stages
of education. This is essential for preparing the younger generations for
assuming their roles as responsible citizens. And youth, who still retain
some idealism, are our best investment and ultimate hope in a society which
knows the price of everything but the value of nothing.
The writer is former attorney general
for India
