Why citizens are not performing fundamental duties enshrined in Article 51A of the Constitution of India?

By Ashok Arora

I recently filed a PIL, Ashok Arora V/S Union of India (Civil Writ 314/2016) stating a shocking fact, but the bitter realty that 99.9% citizens including the Supreme Court lawyers, judges and the parliamentarians don’t perform their fundamental duties enshrined in Article 51A of the Constitution of India.

We all know that article 51A of the constitution, which defines the fundamental duties of a citizen, enjoins upon every citizen to develop the spirit of enquiry and scientific temper. It enjoins upon us to abide by the constitution, which starts with a pledge to secure for all its citizens, justice social, economic and political. The dream of the framers of the constitution to ‘wipe the last tear from the last eye’ is nowhere near realization; rather millions of fellow citizens go to bed on an empty stomach.

More than two lac fifty thousand farmers committed suicide during the last fifteen years. Millions have no access to clean drinking water, basic health facilities and primary education and the majority of degree holder youth are unemployable.

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The real cause of miseries to the millions of fellow human beings is the lack of training of mind & soul, not developing the spirit of enquiry as mandated by the Constitution of India. We have no time to develop that spirit of enquiry and scientific temper as envisaged in the constitution of India.

We all want our rights without performing the fundamental duties. The question is that how can we think of building a nation without building the national character? And how can we build the national character without performing the fundamental duties like developing the spirit of enquiry? The lack of ‘training of mind and soul (pure conscience)’ to provide value education leads to non-performance and corruption, which leads to miseries to the fellow citizens.

The state has failed to provide any opportunity and facilities to children to develop in a healthy manner and in condition of freedom and dignity as enjoined under article 39(f) of the constitution of India. It has further failed to protect the youth against exploitation and against moral and material abandonment as enjoined in the same article of the constitution of India. It has also failed in its endeavour to provide (within a period of ten years from the commencement of our constitution) for free and compulsory education (Purposeful Education) for all children until they complete the age of fourteen years as mandated by the constitution of India.

That article 51A (h) is the most important provision of the constitution, which mandates for every citizen to develop scientific temper, humanism and the spirit of enquiry. The successive governments for the last 69 years, the state has failed to create awareness, it has failed to inform the citizens of the fundamental duties and it has failed to create an atmosphere where every citizen performs his fundamental duties. It has failed to implement the recommendations made by various education committees appointed to suggest educational reforms.

My Public Interest Litigation has been filed to seek directions that the states implement the recommendations made by various education committees on educational reforms, states provide for compulsory education (purposeful education), it performs its duty to make people aware of their fundamental duties, creates an atmosphere where everyone performs his fundamental duties, it defines the real meaning of education as per the recommendations of various committees & the meaning of education suggested by great philosophers and make necessary changes in the education system accordingly.

I also sought permission to assist the court with reference to my module for training of the mind and soul, which I prepared with reference to my study of holistic personality development, child development, Holy Scriptures and views of philosophers, saints and educationists. I started the study of child development even before the birth of my son, thirty two years ago and eleven years back decided to renounce a lucrative law practice to dedicate myself to guide the youth. I have tried to make my humble contribution by writing a few books and articles on the subject.

My film, ‘Kasoor Kiska”, which is referred in this petition also suggests the ways to guide and motivate the youth to work towards nation building. I have had the privilege to deliver hundreds of free talks in Leh-Ladakh and many remote areas of Jammu & Kashmir, UP, MP, Rajasthan, Punjab, Haryana, Delhi and Maharashtra. I interacted with many students and educationists at many places in Harvard, Oxford, Switzerland, USA, Canada, Germany and Dubai etc. I wish to refer to a few of my YouTube talks and pictures to demonstrate that the youth is enthusiastic and in fact, hungry to listen to good things.

Unfortunately they are not being guided appropriately.  They are all good and they all want to serve, but they do not have any role models. The problem throughout the world is same that the education system is producing computers and not compassionate human beings. That is why even after 69 years of independence and 66 years of the history of Supreme Court of India we have not produced a single statesman like Dr. BR Ambedkar, Bhagat Singh, Mahatma Gandhi, Abraham Lincoln, Martin Luther King, Sardar Patel or Sir Sayed Ahmed. The world is investing more in making of bombs than in producing compassionate human beings, which is the main reason for sufferings and violence all over the world.

Knowing your wisdom, expertise and vast experience, dear citizens  I wish to seek your guidance. I request my dear citizens to initiate a debate, file an intervention or write an article to guide the law students and the society on the above subject. I am in Texas; US these days but keep coming to India as and when required. Kindly indicate the best time to have a telephonic conference with you. I can email you the petition and the whatsapp video message I sent to the Honb’le CJI, which also initiated the debate as to whether a whatsapp message can be treated as PIL.

I argued the matter before Court 1 on 9^th May and now it is listed for 19^th July. I also wish to discuss with you what transpired on the first listing.

(Ashok Arora is the Motivational Speaker, Author & Filmmaker, Ex Secretary Supreme Court Bar Association. He can be reached at ashokarora2310@gmail.com Ph. USA +18179252766, India +919810062089)

Twitter Handle: Ashok Arora @kabirfan