The section on Fundamental Rights in the Indian Constitution (Articles 12-35) spells out the rights guaranteed to EVERY CITIZEN. Without these rights, democracy will be meaningless, in India or elsewhere in the world. Above all else, the defense of the Constitution means reaffirming our faith in, and commitment to, the values and principles enshrined in this section on fundamental rights.
Of particular relevance in our context are the following:
Equality before law:
Article 14. "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India".
Article 15. "The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them…"
Right to Freedom
Article 19: " (1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions…"
Article 21: Protection of life and personal liberty: "No person shall be deprived of his life or personal liberty except according to procedure established by law".
(Both terrorists with BOMBS – so-called ‘jihadis’, the jung parivar – and criminals controlling MOBS – Sena or sangh parivar -- who target innocents obviously have no respect for human life as is inherent in this article. That is why both MOB TERROR and BOMB TERROR stand equally condemned from a human rights perspective).
Right to Freedom of Religion
Article 25: Freedom of conscience and free profession, practice and propagation of religion: "Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion".
But, sadly, in most situations of communal conflict in post-Independence India, the police and the governments of the day have behaved as if Articles 14, 15 and 21 do not apply to the minorities. It is virtually like a periodic suspension, denial of fundamental rights to the minorities. This is nothing but a mockery of democracy, an issue that Muslims for Secular Democracy will bring to public focus as often as may be necessary.
It is also evident that the Constitution guarantees these rights to individual ‘citizens’, or ‘persons’; these are not community rights. Put differently, these are rights for the ‘ultimate minority’: the individual human being. Every citizen has the right to freedom of speech and expression (Article 19) and the right to freedom of religion (Article 25) i.e., it is every citizen’s right to be a Hindu, Muslim, Christian, Sikh, Parsi, agnostic or atheist.
In any society, minorities -- religious or cultural – have the greatest stake in the preservation of democracy because in that alone lies the real guarantee of the security of life, liberty and dignity.
While demanding that the State must protect the fundamental rights of ALL CITIZENS at ALL TIMES (not just sometimes), Muslims for Secular Democracy also unhesitatingly affirms the ‘fundamental duties’ of every citizen of India as spelt out in Article 51A:
"It shall be the duty of every citizen of India:
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women"...
The history of all religions demonstrates that any and every religion can be interpreted in many different ways. Muslims for Secular Democracy sees no conflict between Islam, as we understand it, and the Constitution.
5. Crime and 'Sin'