INTRODUCTION- RIGHT TO FREEDOM AND RIGHT TO LIBERTY:
Article 19 and Article 21 of Indian constitution provides Right to freedom and Right to life and personal liberty to individual. Protection of life and personal liberty is very important fundamental rights for an individual to live a happy life.
Right to life does not only talks about survive but also talks about complete life of dignity and meaning. Right to personal liberty includes right to education, right of every child to a full development, right to privacy, and right shelter etc.
It talks about freedom of action (Individuals bodily freedom). This right give freedom to individuals to make decisions according to their own desires. Hence article 21 is called as “HEART OF FUNDAMENTAL RIGHTS”.
ANALYSIS OF LIBERTY OF CHILDREN IN INDIA:
While talking about violation of child’s rights, we only focus on trafficking, displacement, and violence etc. But we will not look into their personal sphere where they are not given sufficient freedom and liberty in reality especially which effects their decision making and thought process.
Personal liberties include freedom of speech, expression, movement, thoughts, consciousness, and right to private life etc. In reality, children are deprived of their personal liberties. Not giving freedom to choose their career and not giving freedom to practice religion of their interest are best examples of that.
IN THE SPHERE OF CAREER BUILDING:
Right to education is given to everyone but right to choose their own path of education is not given to everyone. Many parents are deciding their child as engineer or doctor even before they born. They think that engineering is best career option for boys and doctor is best career option for girls.
Here the child’s interest on their career is rejected and ignored. And children are getting pressurised to reach their parents expectations which is damaging their mental health and one of the reasons for increasing of student suicide rate is parent’s pressure on children to get more marks.
It is stopping children from exploring their minds. Children are left with no option to choose path of their future. Career became family decision in India, not a personal choice. Children should have liberty to choose their own path of career in which they are passionate about. Children should have liberty to share their view point.
Parents can suggest but should not force children. Ofcourse, parents think about the future of their child and they choose career path for children to prevent their child from doing mistakes. But there will be limit on deciding what their children should do.
Children may make small mistakes in choosing their career on their own but mistakes make children to learn many things. Parents choosing career path for children preventing children to develop their personality and it is making children to stop thinking about their goals in life in which they are passionate. Hence children should have liberty in choosing their career path.
IN THE SPHERE OF CHOOSING RELIGION:
Children are not given option to choose or practise religion of their interest. Parents in India are not giving freedom to children to choose religion of their choice. Instead, children are compelled to attend religious rituals or functions. Children should be given option of their choice to attend such religious rituals or not. If the parents are Hindu then they will not allow their children to enter into a church or masjid and same with parents belonging to other religions.
Many parents will not allow their children to make friends of other religion. From childhood itself parents are compelling their children to follow their religion and children were not even allowed to think about converting to other religions. Parents even not allow their children to be atheist. Many times they compel their children strictly to follow their religious rituals. Hence children should have freedom of choosing their religion of their interest and parents should allow them to think about it.
ANALYSIS OF LIBERTY OF WOMEN IN INDIA:
Women faces many problems in their daily life like sexual harassment, rapes, violence, and discrimination etc. Apart from these they face problems from their own family members where their personal liberty is curtailed. It also keeps stress on women’s mental health. Forceful marriages by parents, right to work are the best examples of violation of women’s personal liberty.
IN THE SPHERE OF MARRIAGE:
Women in India are not given liberty to choose their life partner of their choice. Parents decision is final in the Indian marriages. Love marriage is seen as sin by parents. In case if women marry a person of her choice by rejecting parents decision then the parents will not even think a minute to kill both of them. Honour killings can be seen commonly in India.
Daughter is considered as property of the family. If daughter marry a person outside of their religion or caste then parents don’t accept them. In case if girl elopes from home to escape forceful marriage then her own family members kills her. Mostly fathers and brothers are involved in honour killing.
To prevent girls from falling into love, many parents marry her daughters at early age and they will not let them to travel outside for education. Hence women are not given freedom to choose their life partner and unfortunately if they marry according to their wish then their life will be taken away by their own family members.
IN THE SPHERE OF FREEDOM OF WORK:
Women in India have no free choice to work. Before marriage they are stopped by parents from working. After marriage they are stopped by in-laws or husband from working. Women are prevented by being economically independent.
Economical independence of women is most important in these days. Being independent economically gives strength to women in certain ways like it gives strength to leave a bad husband. Now a days many women are ready to work but they are stopped by some conservative mindsets of their own family.
Family thinks that women work is to be a good daughter or good wife or a good mother. According to the patriarchal families, men are supposed to do outside work and women are supposed to do household work. But everyone should give respect to a women’s decision especially her decision to work or not.
Right to life and personal liberty is guaranteed to everyone but in reality sometimes it is curtailed by our own families. Preventing from taking own decisions reduce our exploration of mind and it also reduces our thought process. Getting freedom for namesake is not enough. Until freedom to take decisions in some particular aspects is given we cannot develop our individual personality which is an ultimate goal of fundamental rights.
- https://www.legalserviceindia.com/legal/article-1235-article-21-of-the-constitution-of-india-right-to life-and-personal-liberty.html
- https://www.telegraphindia.com/education/parents-should-not-decide-their-childrens career/cid/1814504