Indian Constitution & Rights
Comprehensive Notes for Nursing Students
Essential knowledge for healthcare professionals in the context of legal frameworks
Table of Contents
Introduction to Indian Constitution
The Indian Constitution is the supreme law of India, laying down the framework defining fundamental political principles, establishing the structure, procedures, powers, and duties of government institutions, and setting out fundamental rights, directive principles, and duties of citizens.
Key Facts:
- Adopted on 26 November 1949
- Came into effect on 26 January 1950
- Longest written constitution of any sovereign country
- Features a unique blend of rigidity and flexibility
Key Features of the Indian Constitution
Nature of the Constitution
- Federal with unitary features
- Parliamentary form of government
- Synthesis of rigidity and flexibility
Fundamental Values
- Guarantees justice, liberty, and equality
- Establishes India as a sovereign, socialist, secular, democratic republic
- Promotes fraternity and dignity of individuals
Mnemonic: FRCS
Remember the key features of the Indian Constitution with:
- Federal structure with unitary bias
- Republican and democratic values
- Comprehensive fundamental rights
- Secular character
Timeline: Formation of the Constitution
December 1946
Formation of the Constituent Assembly
December 13, 1946
Objective Resolution introduced by Jawaharlal Nehru
August 29, 1947
Drafting Committee formed under Dr. B.R. Ambedkar
February 21, 1948
Draft Constitution published
November 26, 1949
Constitution adopted by the Constituent Assembly
January 26, 1950
Constitution came into force – celebrated as Republic Day
Relevance for Nursing Professionals
Understanding the Indian Constitution provides the foundation for nurses to comprehend healthcare policies, patient rights, and their own professional rights and responsibilities within the legal framework of India. This knowledge is crucial when dealing with ethical dilemmas, patient advocacy, and healthcare delivery systems.
| Part | Subject | Articles |
|---|---|---|
| Part I | The Union and its Territory | 1-4 |
| Part II | Citizenship | 5-11 |
| Part III | Fundamental Rights | 12-35 |
| Part IV | Directive Principles of State Policy | 36-51 |
| Part IVA | Fundamental Duties | 51A |
Fundamental Rights
Fundamental Rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are enforceable by the courts, subject to specific restrictions. These rights are crucial for healthcare professionals to understand as they impact patient care, ethical decision-making, and professional practice.
Important Note:
Fundamental Rights are contained in Part III (Articles 12-35) of the Indian Constitution. These rights are justiciable, meaning they can be enforced by courts if violated.
Six Fundamental Rights
Right to Equality (Articles 14-18)
- • Equality before law (Article 14)
- • Prohibition of discrimination (Article 15)
- • Equality of opportunity (Article 16)
- • Abolition of untouchability (Article 17)
- • Abolition of titles (Article 18)
For nurses: Ensures equal treatment of all patients regardless of background
Right to Freedom (Articles 19-22)
- • Freedom of speech and expression
- • Freedom of assembly
- • Freedom of association
- • Freedom of movement
- • Freedom of residence
- • Freedom of profession
For nurses: Protects professional practice and advocacy
Right against Exploitation (Articles 23-24)
- • Prohibition of traffic in human beings
- • Prohibition of forced labor
- • Prohibition of child labor
For nurses: Basis for identifying and reporting human trafficking victims
Right to Freedom of Religion (Articles 25-28)
- • Freedom of conscience and religion
- • Freedom to manage religious affairs
- • Freedom from taxes for religious promotion
- • Freedom from religious instruction
For nurses: Guides culturally sensitive care and respecting patient beliefs
Cultural & Educational Rights (Articles 29-30)
- • Protection of minority interests
- • Right of minorities to establish educational institutions
For nurses: Important for providing culturally appropriate care
Right to Constitutional Remedies (Articles 32-35)
- • Right to move the Supreme Court for enforcement of rights
- • Supreme Court can issue writs
For nurses: Provides recourse if patient rights are violated
Mnemonic: “FRCER”
Remember the Six Fundamental Rights with:
- Freedom rights (Articles 19-22)
- Right to equality (Articles 14-18)
- Cultural and educational rights (Articles 29-30)
- Exploitation prohibition (Articles 23-24)
- Religious freedom (Articles 25-28) and Right to constitutional remedies (Articles 32-35)
Five Writs under Article 32
| Writ | Purpose | Application in Healthcare |
|---|---|---|
| Habeas Corpus | “Produce the body” – Against illegal detention | Relevant for involuntary psychiatric admissions |
| Mandamus | “We command” – Orders public authority to perform duty | Can compel hospitals to provide essential services |
| Prohibition | Prevents lower court/tribunal from exceeding jurisdiction | May apply to medical tribunals exceeding authority |
| Certiorari | “To be certified” – Review and quash decisions of lower courts | Review decisions of medical boards/councils |
| Quo Warranto | “By what authority” – Challenges the right to hold public office | Can question appointments to health regulatory bodies |
Clinical Significance for Nurses
Understanding fundamental rights is essential for nurses to:
- Provide equitable care to all patients regardless of background
- Respect patient autonomy and informed consent
- Identify and report cases of exploitation or abuse
- Accommodate religious and cultural needs in care planning
- Advocate for patients’ constitutional rights in healthcare settings
- Understand their own rights as healthcare professionals
Rights of Victims
The rights of victims are protected under various provisions of the Indian Constitution and legal framework. These rights are particularly important for nursing professionals who often encounter victims of accidents, violence, and abuse in clinical settings.
Definition:
A “victim” is defined as a person who has suffered physical, mental, emotional, economic, or substantial impairment of their fundamental rights due to the commission of an offense.
Constitutional Framework for Victims’ Rights
Article 14
Guarantees equality before law, ensuring victims have equal access to justice
Article 21
Right to life and personal liberty – interpreted to include right to dignity, fair treatment, and compensation
Article 39A
Equal justice and free legal aid, ensuring victims can seek remedies regardless of economic status
Article 51A
Fundamental duties to develop humanism and spirit of inquiry – basis for compassionate treatment of victims
Key Rights of Victims in India
Right to Fair Treatment
- To be treated with dignity and respect
- Non-discrimination in healthcare
- Protection from secondary victimization
Right to Compensation
- Victim compensation schemes
- Reimbursement for medical expenses
- Relief for rehabilitation
Right to Information
- Information about legal proceedings
- Access to medical records
- Notification of offender’s release
Right to Protection
- Protection from threats and intimidation
- Privacy and confidentiality
- Identity protection for vulnerable victims
Right to Assistance
- Medical assistance
- Psychological support
- Legal aid services
Right to Participation
- Right to be heard in legal proceedings
- Participation in restorative justice programs
- Input in sentencing decisions
Mnemonic: “PACING”
Remember the key rights of victims with:
- Protection from perpetrators and secondary harm
- Assistance (medical, psychological, legal)
- Compensation for injuries and losses
- Information about case progress and rights
- Non-discrimination and fair treatment
- Guaranteed participation in justice process
Special Protections for Vulnerable Victims
| Category | Special Protections | Nursing Considerations |
|---|---|---|
| Children |
|
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| Sexual Violence Victims |
|
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| Persons with Disabilities |
|
|
Nursing Responsibilities Toward Victims
As healthcare providers often at the frontline of victim care, nurses have specific responsibilities:
- Recognize signs of abuse, assault, or trauma
- Provide compassionate, trauma-informed care
- Document injuries properly for potential legal evidence
- Maintain confidentiality while fulfilling mandatory reporting obligations
- Connect victims with appropriate resources and support services
- Understand the legal framework of victims’ rights to provide holistic care
- Advocate for victims within the healthcare and justice systems
Rights of the Accused
Within the Indian constitution, the rights of the accused are safeguarded to ensure fair treatment, due process, and protection against arbitrary power. These rights are essential for nursing professionals to understand as they may encounter patients who are under arrest or accused of crimes.
Definition:
An “accused person” refers to an individual who has been formally charged with a criminal offense but has not yet been convicted. In the Indian legal system, every accused person is presumed innocent until proven guilty.
Constitutional Provisions for the Rights of the Accused
Article 20
Protection against:
- Ex-post facto laws (clause 1)
- Double jeopardy (clause 2)
- Self-incrimination (clause 3)
Article 21
Right to life and personal liberty:
- Protection against arbitrary arrest
- Right to fair trial
- Right to speedy trial
- Right to human dignity during detention
Article 22
Protection against arrest and detention:
- Right to be informed of grounds of arrest
- Right to legal consultation
- Production before magistrate within 24 hours
- No detention beyond 24 hours without judicial order
Article 39A
Equal justice and free legal aid:
- Access to justice for all
- Free legal aid for those who cannot afford
- Opportunity to defend oneself
Key Rights of the Accused in India
| Right | Constitutional Basis | Nursing Considerations |
|---|---|---|
| Right against Self-incrimination | Article 20(3) | Avoid questioning patients about alleged crimes; focus on medical needs only |
| Right to Know the Grounds of Arrest | Article 22(1) | If providing care to recently arrested patients, ensure they have been informed of reasons |
| Right to Legal Representation | Article 22(1), 39A | Respect attorney-client consultations in healthcare settings |
| Right to Fair Trial | Article 21 | Provide objective medical documentation without bias |
| Right to Speedy Trial | Article 21 | Promptly complete medical reports requested by courts |
| Protection against Double Jeopardy | Article 20(2) | Document patient history accurately, including prior legal proceedings |
| Protection against Torture | Article 21 | Document and report any signs of custodial torture or mistreatment |
| Right to Medical Examination | CrPC Section 54, Article 21 | Provide thorough, unbiased examination of arrested persons |
| Right to Humane Treatment | Article 21 | Ensure dignified care regardless of accusation or custody status |
Mnemonic: “FREEDOM”
Remember key rights of the accused with:
- Fair trial guaranteed by constitution
- Representation by legal counsel
- Equal justice and opportunity to defend
- Exemption from self-incrimination
- Double jeopardy protection
- Obtain information about grounds of arrest
- Medical examination right after arrest
Rights vs. Restrictions: A Balanced Approach
Reasonable Restrictions
The constitution balances accused persons’ rights with public safety:
- Preventive detention laws (Article 22, clauses 4-7)
- Special powers in disturbed areas (AFSPA)
- Restrictions during emergencies
- Terrorism and national security provisions
Safeguards Against Restrictions
To prevent abuse of restrictive powers:
- Judicial review of detentions
- Advisory boards to review detention orders
- Maximum time limits for preventive detention
- Supreme Court’s power to issue writs
- Parliamentary oversight mechanisms
Clinical Application for Nursing Professionals
When nursing professionals encounter accused persons in healthcare settings:
- Provide care without discrimination regardless of the alleged offense
- Respect privacy and confidentiality while adhering to security protocols
- Document injuries objectively, especially those that might indicate custodial violence
- Balance security requirements with the patient’s need for dignity and proper care
- Understand the proper protocols for collecting forensic evidence
- Know when police presence is legally required and when it can be limited during examinations
- Recognize that medical care cannot be denied based on custody status
Human Rights Commission
The National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) are statutory bodies established under the Protection of Human Rights Act, 1993. Although not directly mentioned in the constitution, these commissions derive their authority from constitutional principles and play a vital role in safeguarding human rights in India.
Definition:
The Human Rights Commissions are independent statutory bodies designed to protect and promote human rights as defined in the Protection of Human Rights Act: “rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in international covenants.”
Structure of Human Rights Commission
National Human Rights Commission
Composition:
- Chairperson (former Chief Justice of Supreme Court)
- One Member (sitting/retired Supreme Court Judge)
- One Member (sitting/retired High Court Chief Justice)
- Three Members with knowledge/experience in human rights
- Ex-officio members (chairs of National Commissions)
State Human Rights Commission
Composition:
- Chairperson (former High Court Chief Justice)
- One Member (sitting/retired High Court Judge)
- One Member (sitting/retired District Judge)
- Two Members with knowledge/experience in human rights
Functions and Powers of Human Rights Commission
Investigative Functions
- Inquiry into human rights violations
- Investigate complaints from victims
- Suo motu investigations
- Visit jails and detention centers
Advisory Functions
- Review safeguards in constitution and laws
- Recommend measures for implementation
- Study international treaties and recommend ratification
- Advise on policy matters
Educational Functions
- Spread human rights literacy
- Promote awareness through publications, media, seminars
- Encourage NGOs working in human rights
- Develop human rights education curriculum
Quasi-Judicial Powers of the Commission
| Power | Description |
|---|---|
| Civil Court Powers |
|
| Recommendations |
|
| Implementation |
|
Mnemonic: “PIER”
Remember the main functions of Human Rights Commission with:
- Protect rights through complaint investigation
- Intervene in court proceedings involving human rights
- Educate and raise awareness about human rights
- Recommend policy changes and compensation
Human Rights Issues in Healthcare
Common Healthcare Human Rights Issues
- Right to healthcare access
- Informed consent violations
- Discrimination in healthcare services
- Privacy and confidentiality breaches
- Forced medical interventions
- Neglect of vulnerable patients
- Medical negligence
- Custodial healthcare issues
NHRC Guidelines for Healthcare
- Guidelines for COVID-19 management
- Advisory on right to healthcare
- Guidelines for protection of mental health patients
- Recommendations on maternal health rights
- Guidelines for protecting rights of children in healthcare
- Protocols for medical examination of sexual assault victims
- Advisory on biomedical waste management
Importance for Nursing Professionals
Understanding the Human Rights Commission’s role is essential for nursing professionals because:
- Nurses can report human rights violations observed during patient care
- Knowledge of human rights standards helps in providing ethical care
- Nurses may be involved in implementing NHRC guidelines in healthcare facilities
- Understanding complaint mechanisms helps advocate for patients’ rights
- Awareness of healthcare human rights issues improves quality of care
- Nurses may be called as witnesses in NHRC investigations
- Rights-based approach to healthcare improves patient outcomes
How to File a Complaint with NHRC
Who Can File?
- Victim or any person on victim’s behalf
- NGOs or civil society organizations
- Healthcare professionals who witness violations
- Any concerned citizen
Complaint Methods
- Online portal (HRCNet)
- Email to complaints@nhrc.nic.in
- Postal mail to NHRC headquarters
- In-person at commission office
- Fax to designated numbers
- Through NHRC mobile app
Information Required
- Details of victim
- Description of incident
- Date, time, and place of violation
- Identifying information of perpetrators
- Supporting documents if available
- Prior complaints made to authorities
References & Further Reading
- Basu, D.D. (2019). Introduction to the Constitution of India. LexisNexis.
- National Human Rights Commission. (2021). Know Your Rights Series. NHRC India.
- Ministry of Law and Justice. (2020). The Constitution of India. Government of India.
- Seervai, H.M. (2018). Constitutional Law of India. Universal Law Publishing.
- Protection of Human Rights Act, 1993 (as amended).
- Indian Nursing Council. (2021). Code of Ethics and Professional Conduct. INC.
- World Health Organization. (2022). Human Rights and Health. WHO.
Online Resources
- National Human Rights Commission official website: https://nhrc.nic.in/
- Ministry of Law and Justice: https://legislative.gov.in/constitution-of-india/
- Indian Nursing Council: https://www.indiannursingcouncil.org/