36. About Group Rights

We have seen that fundamental rights are enshrined in many constitutions of the world. It is because of the divine, higher and finer qualities associated with fundamental rights, that the word ‘enshrined’ is used in this context. It is also one of the prominent and fundamental tenets of the universe.

I have listed out some of the fundamental rights of individuals in my other blog at -

https://www.mayoan.com/post/99-purusharthas-or-objectives-of-life

I have also written about the missing gap in many of these constitutions – the group rights!

Now, what could be the fundamental rights of the groups? I have tried to list some of these group fundamental rights in the below listing:

• Freedom to get organized as willing individuals as groups to pursue crime-free fun activities, socially beneficial activities, sports activities, business activities, religious activities, political activities and other activities within the ambit of law, either in a temporary manner or permanent manner.

• Freedom to expand in size, numbers and spread.

• Freedom to pursue legally on any matters concerning their presence and actions.

• Freedom to demonstrate peacefully and lawfully.

• Freedom to publicise and spread their goals and objectives.

• Freedom to create their own cultural elements and sustain it.

• Freedom to voice their collective opinions.

• Freedom to accept smaller willing groups as sub-sects.

• Freedom to act as a single unit in matters concerning the nation or other enveloping large groups.

• Freedom to organize their internal workings in a democratic and legal manner.

Please note that any group coming into play will have to abide by the constitution. Hence the creation and acceptance of a group have to be closely scrutinized at the start and periodically within the ambit of the constitution. This evaluation is a constant process to ensure that bad elements do not get organized as groups and become a threat to the society.

The other benefit of recognizing the group rights is that other lawless groups can easily be brought before the law and dismantled appropriately. For instance, since groups like mafia is not constitutionally blessed, the mere proof of presence of ‘grouping’ and seen as a ‘threatening/harmful’, even without conclusive proofs of their illegal activities can be used in a tactful manner to dismantle them legally. Anti-social groups can be easily removed from a certain context by noting the ‘act of grouping’ without the presence of lawfully permitted economic/political and other activities. By noticing their ‘threatening/harmful’ postures, complaints received from general public and by the observation reports of security groups like police legal action can be taken against any sort of ‘grouping’.  There can be laws to remove associations of groups (for example certain people can be banned from entering certain part of a town or a city or a political group or a company). Similarly, if the stated goals and objectives are different from the conducted activities, the groups can themselves be dismantled. If there are legally enforced removal of members from a group, above a certain threshold then the groups themselves can be dismantled, and their financial activities may be brought under scrutiny.

Please note that, to escape the provisions of the group activity related laws, certain groups like mafia may deny the presence of groups. In such cases, the law can recognize the existence of these groups for ease of administration (same as treating the company as a legal person) with the persons associated and track them legally while branding the group as being ‘illegal’.

Similarly known criminals and charge-sheeters can be prevented from associating using these group law provisions (even if they cite the presence of friendships) , since the safety of the society as a large group is more important than the friendships of historical charge-sheeters.

Care should be taken to see that such group laws and provisions are not misused.