A petition in Supreme Court has sought the enforcement of Fundamental Duties on citizens to avoid the illegal trend of protest in the country. On Monday, the Supreme Court urged the Centre and States to respond to a petition seeking to protect individuals’ fundamental rights, including patriotism and national unity, by “extensive, well-defined laws.”
In a plea submitted by Durga Dutt, who introduced himself as a Supreme Court lawyer, a bench led by Justice Sanjay Kishan Kaul issued a notice. The appeal cited the Bhagwad Gita’s teachings on the value of duty. It also borrowed a page from the former Soviet Constitution, citing China’s rise as a “superpower” and stating that the “need of the hour” is to remind citizens that fundamental duties are just as vital as fundamental rights under the Constitution.
Need to enforce Fundamental Duties to avoid illegal trend
“The need to enforce fundamental duties arises due to a new illegal trend of protest by protestors in the guise of freedom of speech and expression, by blocking road and rail routes in order to compel the government to meet their demands,” according to the petition, filed by advocate Karunakar Mahalik.
The petition utilized the prefix “sacrosanct” to define the 11 fundamental duties mentioned in Article 51A of the Constitution, even though it recognized that they were essentially “moral obligations” on citizens.
The petition stated, “The concept of responsibility is enunciated in the Bhagwad Gita, where Lord Krishna instructs Arjuna and educates him on the necessity of obligations in all spheres/ phases of one’s life.” It stated that the moment has come to strike a balance between rights, liberties, and obligations. Fundamental responsibilities establish a “deep sense of social obligation toward the country.”
Petitioners cite USSR Constitution
“Rights and responsibilities were placed on an equal footing in the former USSR Constitution. At the very least, some of the core responsibilities must be enforced and implemented. That is, to uphold and protect India’s sovereignty, unity, and integrity, to defend the country and render national service when called upon, to spread a sense of nationalism, and to promote the spirit of patriotism in order to maintain India’s unity following China’s emergence as a superpower…” the petition urged.
People “brazenly flouted” basic tasks, according to the petition. These responsibilities were crucial in maintaining unity and integrity. It was stated that every citizen should know how to respect the country’s institutions.
The appeal used the Supreme Court’s own decision in the Ranganath Mishra case to argue that fundamental duties should be enforced not just through legal but also through social punishments. After all, rights and responsibilities were intertwined, it stated.
Mr. Dutt proposed that “role models” should be created. Instead, there was no unified policy for “appropriate sensitization, complete operationalization, and enforceability” of fundamental tasks that would “significantly assist citizens in being responsible.” The case has been set for April 4, 2022, by the court.