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.
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