LEGAL POSITION OF THE FUNDAMENTAL DUTIES
Although there are no constitutional provisions for the enforcement of Article 51A's Fundamental Duties, nor any provision to prohibit or penalise their infringement, the JS Verma Committee notes that there are specific legislative mechanisms for the enforcement of several of the fundamental duties:
- The Prevention of Insults to National Honour Act 1971 was enacted to ensure that no disrespect is shown to the National Flag, Constitution of India and the National Anthem [Fundamental Duty enumerated in 51A (a)].
- Section 153A of the Indian Penal Code (IPC) prohibits writings, speeches, gestures, activities, exercises, drills, etc. aimed at creating a feeling of insecurity or ill-will among the members of various communities [Fundamental Duty enumerated in 51A (e)].
- Activities and assertions prejudicial to national integration constitute offence under Section 153B of the IPC [Fundamental Duty enumerated in 51A (c)].
- Offences related to religion and caste are covered in Sections 295-298 of the IPC (Chapter XV) and provisions of the Protection of Civil Rights Act, 1955 [Fundamental Duty enumerated in 51A (e)].
- Section 123(3) and 3(A) of the Representation of People Act, 1951 declares soliciting of votes on the ground of religion and the promotion of feelings of ill will and hatred among different religious communities as a corrupt electoral practice.
- Article 51A (g) regarding protection of environment has received particular attention from the various courts. The JS Verma committee on Fundamental Duties has listed and documented as many as 138 Supreme Court cases in the area of environmental protection.