Discuss
on the various human rights enshrined by the Federal Constitution. To what
extent are the rights being practiced?
Rights are
essential for human survival because human cannot go on living to the fullest
potential without it. Fundamental is a basic rule of a principle. Liberty is
freedom to live that you choose without too much restriction from government
and authority. Absolute rights have no qualification while conditional rights that
are well-guarded against executive arbitration but they not against legislative
interference.
Article 5
protects right to life and liberty. According to this article, no person shall
be deprived of his life or personal liberty except through the provisions of
law. A person that may not be unlawfully detained must be informed of the
ground of his arrest and must be produced before a Magistrate within 24 hours. The
restraint for this article is government can entitled to stop individual from
leaving or visiting country.
Article 6 states about slavery and forced
labour prohibited. No person shall be held in slavery. The restraint is working
incidental to serving of imprisonment is not considered as slavery or labour
force because it has been under the law as a punishment.
Article 7
protects against retrospective criminal laws and repeated trials. No person
shall suffer greater punishment for an offence than was prescribing by law at
the time it was committed. The restraint is the convicted can be subjected to
disciplinary action by a domestic tribunal for the same offence, or being tried
under difference statute.
Article 8
states about equality before the law and equal protection of the law. There
shall be no discrimination against citizen on ground of religion, descent, place
of birth, or in the appointment to any office. The restraint is article 153 allows
reservation of quotas for Bumiputras. Attorney general has power to
discriminate individual for public interest. Certain person enjoys immunity
like monarch and diplomat.
Article 9
states that every citizen has the right to move freely throughout the
federation and to reside in any part thereof. The restraint is this article
subject to banishment order by the Deputy Minister of Home Affairs under S2(i)
of Restricted Residence Act 1993.
Article 10
provides freedom of speech, assembly and association. The entire citizen has
the right to freedom of speech, expression, assemble peaceably and form
associations. The restraint is Freedom of speech Defamation Act 1957, Sedition
Act 1948, Official Secrecy Act, Printing Presses & Publication Act 1984 and
Freedom of assembly that has to satisfy the police that assembly is not
prejudicial.
Article 11
states that every person has a right to profess and practice his religion and subject
to clause (4) to propagate it. Every religious group has the right to manage
its own religious affairs. The restraint is subjected to clause (4) that state
and federal law may restrict the propagation of any belief among persons
professing Islam.
Article 12
states that here shall be no discrimination against any citizen on the ground
only of religion, race or place of birth. Every religious group has the right
to establish and maintain institutions for the education of children in its own
religion. The restraint is article 153 under Bumiputra quotas.
Article 13 describes
the rights to property. No person shall be deprived of property save from law.
No law shall provide for compulsory use of property without adequate
compensation. However it has been subjected to acquisition by the government to
receive fair and reasonable compensation.
Human rights
should be maintained to ensure the harmony among the society as it inspires all
to develop the country.
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