Topic for SUPW project 2022

Consolidating Nationhood
74 years after independence and 71 years after the establishment of the Republic
there is a widely shared desire in the country to evaluate the gains made as also to
assess our future. Undoubtedly, the people of the country and the managers of
society can be congratulated on many counts for India's achievements since
independence which include self-sufficiency (in fact surplus generation) in food-
grains, a strong industrial base, a rising expectancy of life, a higher percentage of
literacy, a united and better integrated India and a growing recognition by the world
of our capabilities and potential On the negative side, one could count the nagging
problems of unemployment, illiteracy and poverty accentuated by an ever increasing
population. Also, a low per capita income, inadequate infrastructure, feudalistic
tendencies and worst of all a pathetic contempt of rule of law and ethics in public life.
Finally, an administration which is perceived as self seeking and citizen unfriendly.
All these factors impact governance. The policy regimes, public investment, and
approach to governance have contributed in a large measure in keeping the country
together, in strengthening public administration, in realizing social and economic
goals, and in the amelioration of the conditions of the people to an extent.

Appreciation of the fundamental Duties and Rights as provided in

the Constitution
Representing the crystallization of the values and concepts held dear in India's varied and rich cultural
heritage and having its roots deep in the motivational forces of the national struggle for independence,
the formulation of a bill of rights was among the first tasks to which the Constituent Assembly
addressed itself. A comprehensive charter of rights was soon evolved through various stages in the
Assembly and its Committees.

Coming closely on the heels of the Universal Declaration of Human Rights, inclusion of a bill of rights
in the Constitution of India accorded with the contemporary democratic and humanitarian temper and
constitutional practice in other nations of the world. It reflected in no small measure the anxiety of the
founding fathers to incorporate and implement the basic principles enunciated in the Universal
Declaration. Also, incorporation of a charter of fundamental rights in our Constitution became
necessary in view of the special problem of minorities and the need to assure them of the fullest
protection of their rights.

The Fundamental Rights incorporated in Part III, the Directive Principles in Part IV and the
Fundamental Duties in Part IVA added later actually constitute one organic whole which follows from
the Preamble. Taken together, they really proclaim the fundamental values and constitute the
foundational principles of the Constitution. Thus, the preambular assurance of the dignity of the
individual, which in fact happens to be the basic principle underlying the Universal Declaration of
Human Rights, is sought to be implemented through various provisions of Parts III and IV. The values
of freedom and equality befitting the dignity of the human individual, made more complete and sub-
stantive by ideals of economic and social justice, so eloquently proclaimed by the Preamble, are
elaborated in the Fundamental Rights and the Directive Principles.

Part III of the Constitution which contains perhaps one of the most elaborate charters of human rights
yet framed by any State, consistent with the aim of the unity of the nation and the interests of the public
at large, has been described by Justice Gajendragadkar as the "very foundation and cornerstone of the
democratic way of life ushered in this country by the Constitution." These fundamental rights
substantially cover all the traditional civil and political rights enumerated in articles 2 to 21 of the
Universal Declaration.

Some of the fundamental rights like 'equality before law and equal protection of all laws' (article 14),
protection in respect of conviction for offences (article 20), protection of life and personal liberty (article
21), protection against arrest and detention in certain cases (article 22), freedom of religion (articles 25-
28) etc. are available to all 'persons'. There are, however, some rights which can be claimed only by the
citizens e.g. not to be discriminated on grounds of religion, race, caste, sex or place of birth (article 15),
equality of opportunity in the matter of public employment (article 16) and freedom of speech and
expression, assembly, association, movement, residence and profession (article 19).

Originally, article 19(l)(f) and article 31 contained the right to property i.e. to acquire, hold and dispose
of property subject to'the right of the State to compulsory acquisition for public purpose by authority of
law. However, right to property ceased to be a fundamental right when the Constitution (Forty-fourth
Amendment) Act, 1978 omitted sub-clause(f) of clause (1) of article 19 and the whole of article 31 from
the Constitution.

It is true that the fundamental human rights enshrined in the Constitution of India are hedged in by
many limitations and restrictions. Replying to the criticism that the Fundamental Rights were riddled
with so many restrictions that no value could be attached to them and referring in particular to critics
who had relied on the U.S. Constitution in support of their contention that Fundamental Rights were
not 'fundamental' unless they were also 'absolute', Dr. Ambedkar had observed in the Constituent
Assembly.

FUNDAMENTAL DUTIES
Even though brought in by the Constitution (Forty-Second Amendment) Act, 1976 during the
operation of the proclamation of Emergency, Part IV A, laying down certain duties of the citizens, is
one of the most valuable parts of the Constitution. It is also the most neglected.
The fundamental duties enshrined in article 51A now are in consonance with article 29(1) of the
Universal Declaration of Human Rights which says: "everyone has duties to the community in which
alone the free and full development of his personality is possible".
While the Fundamental Rights provisions covered the rights of the individual and the Directive
Principles the duties of the State, there were until 1976 no provisions in our Constitution laying down
the duties of the individual even though the traditions and temper of Indian thought through the ages
laid greater emphasis on duties.

Essentially all that is contained in the Fundamental Duties is just a codification of tasks integral to the
Indian way of life. A close scrutiny of the clauses of article 51A indicate that a number of these clauses
basically refer to such values as have been a part of the Indian tradition, mythology, religions and
practices. At this juncture of history, the nation realises an urgent need to re-emphasise these in a
manner that would be acceptable to and be imbibed by-all generations. To achieve these objectives, it
would be essential to create public awareness of the need to appreciate and internalise the concept and
practice of Fundamental Duties with particular emphasis on the necessity of creating a harmonious
society with a scientific outlook, free from tensions and turmoils."

"The Supreme Court of India has in several cases relied on Fundamental Duties contained in article 51A
to determine the duty of the State, and when necessary, give directions or frame guidelines to achieve
the purpose. This has been done in several cases relating to preservation and conservation of
environment, ecology, and prevention of degeneration of forests, wild life, flora and fauna, etc. The
court has observed that preservation of environment and maintenance of the ecological balance are the
responsibility not only of the Government but also the Fundamental Duty of every citizen."

Even though belatedly, it was thought appropriate that citizenship must carry with it certain
fundamental obligations and that these should be specifically and explicitly incorporated in the
Constitution. It does not mean that before the Forty- second Amendment the citizens had no duty.
There was a specific provision in article 33 regarding the need "to ensure the proper discharge of the
duties and the maintenance of discipline" among the armed forces etc. Also, each of the Fundamental
Rights of individual citizens and others embodied in Part III of the Constitution implied a corre-
sponding duty and obligation. In fact, there can be no rights in a society where there are no duties.

Rights and duties are not only reconcilable but inseparable. For every right, there is a corresponding
duty. Duty is an inalienable part of right; the two represent the two sides of the same coin. What is duty
for one is another's right and vice versa. If all men have a right to life, a duty is also cast upon all men
to respect human life and not to injure another person. The right to freedom implies that the citizens
must create conditions and so fashion society that freedom for every individual is assured. Freedom by
its very nature requires self-discipline and promotion of social and political harmony. For the freedom
of one individual is limited by the similar freedom of other individuals. And each individual comes to
have a duty to accord the same rights to others which he wants for himself. Freedom for each
individual can endure when one respects the freedom of all other individuals. Discharge of duties by
them strengthens their own rights.

When Gandhiji was requested to give his thoughts on the Universal Declaration of Human Rights, he
said:
"The 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-wisp, the more we pursue
them, the further they will fly.
I learned from my illiterate but wise mother that all rightsto be deserved and preserved come from
duty well done. Thus the very right to live accrues to us only 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
woman 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."

Gandhiji sought to emphasise the economic and social responsibilities of all citizens. It was in keeping
with his ideas that the Constitution (Forty-Second Amendment) Act, 1976 added to the Constitution a
new Part IVA titled 'Fundamental Duties' after the original Parts III and IV of Fundamental Rights and
Directive Principles respectively.

Citizen's role in nation building

A citizen of a country is an individual recognized under the custom or law as being a legal member
of a sovereign nation or allegiance to a government in exchange for its protection, whether at home
or abroad. A citizen is one of the dominant pillars of the country. They are entitled to enjoy all the
legal rights and privileges granted by a state to the people encompassing its constituency and are
obligated to obey its laws and to attain his or her duties as called upon. We are all a citizen of our
country and retain several rights and responsibilities towards our community, state, and country.
Each citizen has a responsibility to make his or her community a decent place to inhabit. When you are
a responsible citizen, it implies that you know your duty adequately and will volunteer for numerous
things that are required by the community or the society in general.

Responsible citizens
A responsible citizen abides by all the law and order of the country. They are entitled to exercise all the
fundamental rights and duties, such as casting a vote, paying government taxes and protecting the
country from corruption. Being a good and responsible citizen of the country, one must engage in
activities or assist in tackling issues such as keeping the environment clean, raising money for charities,
conserving electricity, water, and natural resources, or protecting public properties, etc.

Every state or country provides its citizens with some fundamental civil rights such as personal rights,
religious rights, social rights, moral rights, economic rights, and political rights, etc. A right is a liberty
that is protected by the state, such as the right to free speech and religion.
Rights are given to the citizens for their individual moral, material or personality development and
growth in social life. Responsibility is a moral duty that one should perform, such as recycling,
preserving culture and heritage, etc. Voting is both a right and a responsibility.

India and responsibility

India is a democratic country where its denizens live freely. Democracy in the country can function
only when its citizens have both rights and responsibilities. Rights and responsibilities are two sides of
a coin that goes hand in hand with us in whatever home, society, state, or country we live in.

A democratic system of the country is entirely founded on the freedom of its citizens to celebrate their
rights. Fundamental rights bestowed to the Indian citizens are an essential part of the Constitution. The
rights are not violable in the common circumstances but they are not absolute either and are subject to
reasonable restrictions as necessary for the protection of public interest. Such rights prevent the
government from being dictatorial and oppressive. In any case of rights violations of an individual,
courts can protect and safeguard them.

The constitution book delineates every responsibility and duty that an Indian citizen is expected to
abide by. As a citizen of the country, we are morally and legally required to perform our duties
furnished by the government. They can be civic duties or moral duties which cannot be enforced
legally upon the citizens even by the courts.

As a good and responsible citizen of the country, first one must be aware of the fundamental rights
and duties. Comprehending all the rules and regulations proposed by the government may boost
every citizen in achieving their responsibilities towards the country. Responsible citizens build their
community a good habitat to live by following the principles and helping others.
We as a citizen, are all accountable for the good or bad conditions of the nation. We need to shift our attention
into action to procure positive impacts on our community and country. An individual action
performed by a person can change a life, but collaborative actions have a positive impact on the entire
nation. Therefore, the duties of citizens count as a contribution to a flourishing society and nation as a
whole.
A responsible citizen has fractions of responsibilities and commitments for the development as well as
prosperity and peace in the country. A country can flourish when its citizens are responsible enough
to build a strong and powerful nation. We are all responsible for the protection and development of
our country.

Awareness of consumer rights in order to avoid exploitations

Introduction

In the current trend of Marketing, the consumer is a lifeblood of all its functioning. The market gets
shrewd and sometimes the consumer has to suffer the brunt of it. Therefore, consumer protection is an
act of providing consumers with complete information about the goods, services and their
rights. Consumer awareness is very important as they invest their time and money in marketing
activities and they have a right to transparent information. Misleading advertisement, unsafe products,
overcharging and unweighing and other malpractices are performed by unscrupulous businessmen.
Consumer awareness is an act of saving consumers from such delinquencies.

Need for Customer Protection-

1. The consumer is the most important factor in business. No business can survive without
consumers as their satisfaction is the main purpose of any business operations.
2. Business is not just about monetary benefits but also to upgrade the society to a better version
by keeping its welfare as an objective.
3. The Constitution has provided us with the Consumer Protection act 1986, to protect the
consumers from any marketing malpractices.
4. Consumer protection rights promote a healthy competitive market which supports economic
growth. It keeps away malicious trade practices and unscrupulous business owners from
damaging the fair trade.
5. Consumers are an integral part of a market structure. It is very important to protect their rights
in order to have a fair market structure.

Consumer Rights

Consumer Protection Act, 1986 was enacted by the Parliament of India in 1986 to shield the interests
of customers in India. As per our economy, the right amount of demand and steady and responsible
supply can assist in the growth of the economy. Hence, in order to protect the buyers from any sort of
exploitation, this act was introduced.

Let’s move on to how many types of consumer rights are there-

Right to Safety

This is a basic right to be protected against the marketing of such goods and services which are
hazardous to life and property. Consumption of goods or services which are not up to the mark can
have adverse effects on the consumer’s health and safety. In order to protect the consumer’s interest,
they have a right to receive high quality and reliable goods. For instance- Household goods like LPG
cylinders if not sealed properly can cause immense damage to life and property, Stale food items can
cause harm to buyers health, Low-quality cosmetics can cause similar harms.

Right to Information-

The consumer has a right to receive information about the quality, quantity, potency, standard and
price of the goods or services. The consumer should rightfully ask on getting all the information about
the product or service before making a choice or a decision. This will enable him to take well informed
and thought decision and also preventing himself from falling prey to high-pressure selling techniques.
The right to information is used to shield consumers from deceptive advertising, misleading labels and
packaging, high prices, etc.

Right to Choose-

This right provides access to all the variety of goods and services and competitive prices. In
monopolistic competition, the goods and services should be of the best quality and price. The seller
should not use aggressive techniques to see the products and consumers should have the right to all
the variety of alternatives. This right requires free competition in the market. The consumer should
have a free choice in choosing any product from the market.

Right to be Heard-

The above three rights are useless if there is no proper authority to listen to customer grievances. If a
buyer is dissatisfied with the product or service, then one has the right to file a complaint against it and
it has to be addressed within a set time-frame. For instance, if a consumer buys an electronic Item and it
starts malfunctioning, a consumer has all rights to take appropriate action by returning or replacing it.

Right to Seek Redressal-

This right gives authority to the consumers to settle any claims and complaints against sellers for their
unfair trade practices and exploitation. The buyer has a right to redress if the quality of the product is
compromised. Consumers need to file a complaint under the consumer protection act.

Right to Customer Education-

A consumer must be aware of his rights and responsibilities provided by the authorities regarding
marketing practices. This is a very important right as this lays down the foundation for fair trade
practices as a consumer is aware of his rights. The consumer has all the authority to gain knowledge
about his rights as a buyer.

Who is a Responsible Consumer?

1. The responsible consumer is one who is aware of all his rights and responsibilities during a
trade practice.
2. A consumer who checks all the required labels of the products, while purchasing, in order to
know the authenticity and quality of the product.
3. The responsibility to be assertive – Which ensures that you get a fair deal as a consumer.
4. A customer should check for the standard marks which ensure the authenticity as well as the
quality of the product like the ISI mark or Hallmark etc.

Consumer Awareness In India

Consumer awareness campaign- Jago Grahak Jago is a well-established campaign which has shielded
consumers against marketing malpractices and has successfully redressed the consumer complaints.
CONCLUSION

Markets do not work in a fair manner and the consumers are most likely to be the victim of the various
types of exploitation that takes place in the market. This reason makes awareness on the part of
consumers, an essential aspect.
Large companies with huge power, wealth and reach can easily manipulate the markets. Exploitation
takes place in various ways, for example, shopkeepers weigh less than what they should or adding to
charges not mentioned before or the selling of adulterated/defective goods.Lack of awareness among
the consumers can lead to, for example, selling of medicines without proper details of ingredients and
manufacture and expiry, selling of goods at the Maximum Retail Price (MRP) etc, thus, being harmful
to the consumer.In India, the movement for consumer awareness arose as a 'social force' with the
necessity of protecting and promoting the interests of consumers against unethical and unfair trade
practices such as food shortages, hoarding, black marketing etc. The enactment of COPRA, 1986 and
the expansion of Right to Information (RTI) Act, 2005 have provided the mechanisms for the protection
and awareness of the consumer.