Wednesday, 6 March 2013

STEPS TOWARDS EFFECTUATION OF F/D


Steps Towards Effectuation of  Fundamental Duties
 3.1.1     Effectuation of Fundamental Duties is the ladder with elucidation and elaboration as the first step, awareness as the second; inculcation as the third; aspiration as the fourth; implementation (performance) as the fifth; besides enforcement.   If colloquia and consultations on Fundamental Duties in the context of given events or situations are organized by citizens’ groups in this mode, it will be easier for them to comprehend the full import of the provisions of article 51A, add citizenship values to their inner being, and to realize their full potential.


3.2        Awareness :

3.2.1     It is axiomatic that ignorantia legis non-execusat. However, one in a thousand is aware of article 51A; the Fundamental Duties. Even highly educated citizens may not be aware of this part of the Constitution. For instance, it is the command of clause (b) that every citizen shall cherish and follow the "NOBLE IDEALS" which inspired our national struggle for freedom. What were those "Noble Ideals"? During the period of our national struggle for freedom, the population of our country was 33 crores which means that 67 crores were born post-independence, after 15th August 1947. They have to be informed what the "noble ideals" were. Article 51A  does not identify them.  The Constitution does not define them. Even the common man of those days would say that the object of national struggle for freedom was to redeem the country from the bondage of the British Rule and to acquire self-rule instead. And the ideals were enshrined in "Vande Matram" and "Jhanda Ooncha Rahe Hamara"  or "Inqalab Zindabad."

3.2.2     Practically nothing has been done to inform and awake general public to the Fundamental Duties which are mandatory or to cause awareness for their publicity and propagation.
                                                                                                                       
3.2.3     The current conjucture of socio-economic forces and the disgust aroused by falling ethical standards provide a timely opportunity to launch a nation-wide MOVEMENT to enable all citizens to become aware of their rights and responsibilities, understand their obligations to observe Constitutional Values and carry out Fundamental Duties in day to day activity.

3.2.4     The rights and responsibilities of the citizens in a democracy are immense.  And yet no systematic effort was made over the years to educate the citizens in democratic governance. The State and the society have failed to provide adequate means and mechanisms for citizens to identify, imbibe and practise the “Culture of the Constitution”. This failure is mainly responsible for the low level of effectuation of Fundamental Duties.

3.2.5     The beginning has been made by the Department of Education in the Ministry of Human Resource Development in the Teaching of Values in primary and secondary schools.  Similar steps have yet to be taken in the Universities and Institutes of Higher Learning.  At the level of social action, several efforts have been made to generate awareness of the importance of discharging Fundamental Duties and enable citizens to imbibe and practise citizenship values.

3.2.6     For convenience of operation, the citizenry may be divided into eight groups.  Every effort should be made to identify the values relevant to each Group, discuss their application in live situations, and develop strategies for their effective internalization.


3.3        Inculcation

3.3.1     It is the Fundamental Duty of every citizen to develop his whole personality and also that of his sons and daughters and of his pupils in the formative age of nature and character (6 years to 17 or 21 years).  The purpose of schools should be to impart education not merely for the learning of certain selected subjects but also for the development of the intellect and of the mind, of the body and of the spirit of the pupil.  Its ultimate aim should be to improve simultaneously the standard of life and the standard of living of an individual.  One of the reasons for erosion of moral values in public life and steep deterioration in work culture is the dilution and deviation of the true spirit behind education.  The need of the hour is to reverse this trend.

3.3.2     In his memorable letter to the Chief Justice of India, Mr. Justice Ranganath Misra said : -
“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.”.

3.3.3     Mr. Justice Venkataramiah in his landmark judgement in M C Mehta (II) Vs. Union of India and Ors.  (1998) 1 SCC 471, inter-alia, gave directions that:

(i)                   the Central Government shall direct to the educational institutions throughout India to teach at least for one hour in a week, lessons relating to protection and the improvement of the natural environment including forests, lakes, rivers and wild life in the first ten classes;
(ii)                 the Central Government shall get text books written for the said purpose and distribute them to the educational institutions free of cost;
(iii)                the children shall be taught about the need for maintaining cleanliness commencing with the cleanliness of the house, both inside and the outside and with the street in which they live;
(iv)                the Central Government shall consider training of teachers who teach this subject by the introduction of short-term courses for such training;
(v)                  the Central Government, the Governments of the States and all the Union territories shall consider desirability of organizing “keep the city/town/ village clean” week;
(vi)                to create a national awareness of the problems faced by the people by the appalling all-round deterioration of the environment.

3.3.4     The most purposeful and practical part of Justice Verma Committee Report (1999) is the exposition of ways and means of generating awareness of and inculcating, Fundamental Duties in the citizens.  To quote :

“Citizenship is a solemn duty which every individual must discharge with due diligence and dedication. The current conjecture of social, economic and political forces calls for a movement which captures the imagination of masses and motivates all categories of citizens to abide by the provisions of the Constitution in performing their duties and exercising their rights”.
 3.3.5     Towards creating more awareness and consciousness of Fundamental Duties among citizens, the Committee recommends the following:
          Organizing advocacy and sensitization programmes.
         Preamble to the Constitution of India and the 10 clauses of article 51A on Fundamental Duties to be appropriately displayed on all government publications, diaries, calendars and at public places so that they always remain in the focus of the citizens.
         Radio and video spots, highlighting important messages related to Fundamental Duties, in the background of proper music and the National Flag, to be commissioned by All India Radio, Doordarshan, and other DD Channels. This should become a regular feature at least in all Doordarshan channels around the country, once or twice a day, to have significant impact over the years.
         January 3 to be observed as Fundamental Duties Day.
         Need to set up an autonomous body to act like ombudsman on Citizenship Values which could create a mechanism to act as catalyst towards overseeing operationalization of Fundamental Duties. The human resource of the senior citizens could be effectively utilized for discharging commitment of this nature. The financial implications for setting up this body which has also a state funding aspect will have to be taken into consideration.
          Small boo3klets on various aspects of Fundamental Duties written in a language easy to understand could also be developed for different levels of citizens. Such booklets should be particularly utilized by the citizens learning through Non-Formal Education (NFE) and Adult Education (AE) programmes run by state governments and voluntary agencies. The concept of Fundamental Duties can form a major component of NFE and AE programmes.

       The media should exercise considerable circumspection on the programmes, serials, pictures, news and advertisements affecting the morality or the decency of our people and cultural heritage of the country.
         Environment issues need to get more space in the media. The media should take the role of an activist guard. It is not that it has to be a current topic or a part of political agenda that the media will pay attention to. Media people have to remain alive to their constitutional responsibilities arising from Fundamental Duties to see that subjects like environment do not become a casualty.

   Media has a duty to avoid presenting acts of violence, armed robberies and terrorist activities in a manner that glorifies the perpetrators’ acts, declarations or death in the eyes of the public. Fundamental Duties are not only sacrosanct but also have the element of compulsion requiring obedience, provided the machinery of the state appreciates its true nature and motivates the implementation machinery towards this end. The primary need, therefore, is to ensure a faithful and effective implementation of the existing legislation in the area covered by legislation and for prompt measures to legislate in the remaining field to fill the legislative vacuum.

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