Q. Consider the following rights:
1. Right to Equality Before Law
2. Prohibition of traffic in human beings and forced labour
3. Right to Abolition of Untouchability
4. Right to Protection Against Arrest and Detention
How many of the above rights are available only against the State and not against a private individual?

[A] Only one

[B] Only two

[C] Only three

[D] All four

Answer: B
Notes:

Exp) Option b is the correct answer.

Most of Fundamental Rights in Indian Constitution are available against the arbitrary action of the State, but some are also available against the action of private individuals.

Option 1 and 4 are correct: • Right to Equality Before Law (Article 14) of the Indian Constitution guarantees that no person shall be denied the right to equality before law or the equal protection of law in the territory of India. This is a right that can be claimed by any person, whether a citizen or a noncitizen, on Indian soil. It is available only against the state and not against the private individual. • Article 22 (Right to Protection Against Arrest and Detention) deals with the protection against arrest and detention in certain cases. This article is applicable to both citizens and non-citizens. This provision extends certain procedural safeguards for individuals in case of an arrest. It is available only against the state and not against the individual.

Option 2 and 3 are incorrect: • Prohibition of traffic in human beings and forced labour (Article 23) explicitly prohibits human trafficking, child labor, untouchability, and various other activities related to it. It protects the individual not only against the State but also against private persons. • Abolition of Untouchability (Article 17) abolishes ‘untouchability’ and forbids its practice in any form. The Supreme Court held that the right under Article 17 is available against private individuals.

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