Concept of Human Rights

Concept of Human Rights, Indian Constitution Provisions and Laws in India

One of the top law colleges of the LL.B degree course. MIES R M Law College, Kolkata puts an informative article on the Concept of Human Rights. Indian Constitution Provisions and Laws in India. Moreover, is one of the hottest topics in the law field. Written by on the top faculty Ms. Mahejabin Khatun. Moreover, this article will enhance and aware more to mankind. MIES R M Law College (Best School of Law) is one of the Top private law colleges of West Bengal. Situated at Sonarpur, South Kolkata.

Concept of Human Rights :

All human rights are universal, indivisible and interdependent and related. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.

Human Rights are universal. They are the birthright of every member of the Human family. And are necessary in order for us to live as Human beings.

Human rights are moral principles or norms that describe certain standards of human behavior. And are regularly protected in municipal and international law. Moreover, they are commonly understood as inalienable, fundamental rights “to which a person is inherently entitled simply because she or he is a human being”. And which are “inherent in all human beings”. Regardless of their age, ethnic origin, location, language, religion, ethnicity, or any other status. They are applicable everywhere and at every time in the sense of being universal. And they are egalitarian in the sense of being the same for everyone.

Moreover, They are the rights inherent to all Human beings. Regardless of race, sex, nationality, language, religion or any other status.

“Human rights imply Justice, equality, and freedom from arbitrary and discriminatory treatment”.

By Justice M.H Beg

“Human rights are those minimal rights, which every individual must have against the state, or other public authority. By virtue of his being a member of a family, irrespective of caste, color, creed, place of birth, sex, cultural differences. Or any other consideration”.

By Justice Durga Das

International bodies :

The United Nations: The United Nations (UN) is the only multilateral governmental agency with universally accepted international jurisdiction for universal human rights legislation. All UN organs have advisory roles to the United Nations Security Council. And moreover, the United Nations Human Rights Council. And there are numerous committees within the UN with responsibilities for safeguarding different human rights treaties. The most senior body of the UN with regard to human rights is the Office of the High Commissioner for Human Rights. The United Nations has an international mandate to achieve international co-operation in solving international problems of an economic, social, cultural, or humanitarian character. And therefore, in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.

Evolution of Human Rights and its place in Indian Constitution :

Since the emergence of Human Rights started after the second world war. Comes as the outcome of the second world war had given rise to serious concerns towards humanity. Because humanity suffered a lot in this era. And therefore, as a consequence, tremendous developments have been made in this field of human rights.

In 1948, the General Assembly of United Nations adopted UDHR, by resolution and proclaimed that Human Rights are a common standard of achievement for all persons and Nations. Since UDHR was only a declaration and not a treaty. Therefore, state had to take steps to commit themselves to Human beings in accordance with the obligations of the UN charter.

The UDHR didn’t contain its enforcement machinery. And as a result the international covenant on civil and political rights, 1966. And moreover, the international covenant on economic, social, and cultural rights, 1966 came into existence.

Concept of Human rights in India

Since our county was one of the signatories to the international covenant on civil and political rights. And therefore, the framers of the Indian constitution recognized as well as guaranteed most Human rights which were subsequently embodied in the International covenant 1966.

The concept of human rights and freedoms in the Universal Declaration of Human rights, 1948, and in the International Covenant on Civil and Political Rights, 1966 are guaranteed in Part III of the Indian Constitution as fundamental rights. Moreover, Part Ill embodies and sanctifies certain fundamental, individual, justifiable rights. Since they are primarily meant to protect and promote the basic human rights of the people and protect the individual against the state action by imposing negative obligations. They are limitations upon all the powers of the government, legislative as well executive and they are essential for the preservation of human rights.

Right to Equality :

Nevertheless, The right to equality is the faith and creed of our democratic republic; it forms the foundation of socio-economic justice. Article 14 embodies the idea of equality as expressed in the preamble. Moreover, Article 14 provides: “The State shall not deny to any person equality before the law or equal protection of the laws within the territory of India”. The provision of Right to Equality is based on the provisions of articles I and 7 of the Universal Declaration of Human Rights, 1948. Articles 2(2) and 3 of the International Covenant on Economic, Social and Cultural Rights, 1966 also talk about equality among men and women. Articles 3 and 26 of the International Covenant on Civil and Political Rights also mention about the equal rights of men and women and equality before law and equal protection of laws respectively.

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth :

Article 15 of the Indian Constitution specifically prohibits discrimination on grounds of religion, race, caste, sex or place of birth. The corresponding provision to Article 15(1) of the Indian Constitution can be found in Article 2 of the Universal Declaration of Human Rights, 1948; Article 2(l) of the International Covenant on Civil and Political Rights, 1966 and article 2(2) of the International Covenant on Economic; Social and Cultural Rights, 1966.

Equality of opportunity in matters of employment :

Article 16 of the Indian Constitution aims at providing equality of opportunity to all citizens in matters of public employment. This provision is like the provisions of Article 21(2) of the Universal Declaration of Human Rights, 1948. States that “everyone has the right to equal access to public services in this country”.

Abolition of untouchability :

Article 17 of the Constitution abolishes untouchability and forbids its practice in any form. Moreover, Article 17 of the Constitution is on the lines of the provision of Article 2 of the Universal Declaration of Human Rights. Since The Parliament of India, in exercise of the powers conferred by Article 35(ii) has enacted the untouchability (Offences) Act, 1955. Therefore, the basic Object of this enactment is to ban the practice of untouchahility in any form.

Right to Freedom :

Personal liberty is one of the most important of all human rights. Articles 19 to 22 of the Indian Constitution deal with different aspects of this basic right. The principle that “all human beings are born free” is found in articles l and 2 of the Universal Declaration of Human Rights. Article 19 of the Indian Constitution provides six basic fundamental freedoms to all its citizens. It provides:

Protection of certain rights regarding freedom of speech etc.

1) All citizens shall have the right-

1. freedom of speech and expression;
2. to assemble peaceably and without arms;
3. to form associations or unions;
4. move freely throughout the territory of India;
5. to reside and settle in any part of the territory of India;

Article 19(l)(b) of the Constitution guarantees all citizens freedom of peaceful assembly without arms. The corresponding provision is found in article 20(1) of the Universal Declaration of Human Rights, 1948. The right of peaceful assembly is also recognized in article 21 of the International Covenant on Civil and Political Rights, 1966. The right of peaceful assembly is also implied in the very idea of the democratic government. Article 19(1)(e) of the Constitution guarantees to all citizens right to form associations or unions. This right corresponds to article 23(4) of the Universal Declaration of Human Rights, 1948. Such a provision has also been incorporated in Article 22 of the International Covenant on Civil and Political Rights, 1966 and article 8 of the International Covenant on Economic. Social and Cultural Rights, 1966.

Protection in respect of Conviction of Offences :

Article 20 of the Indian Constitution contain certain safeguards to persons accused of crimes. It provides: Protection in respect of conviction for offences-

(1) No person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense nor he subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offense.

(2) No person shall be prosecuted and punished for the same offence more than once.

 (3) No person accused of any offence shall be compelled to be a witness against himself.

Concept of Human Rights and Fundamental Rights :

The Article 20 of the Indian Constitution having its roots in Article 11(2) of the Universal declaration of Human Rights. It provides protection against ex post facto law and thus prohibits the legislature to make retrospective criminal law. This clause protects the basic human right of the people that no person can be punished for an act which was not an offence at the date of its commission. It further protects the person by providing that no person could be subjected to a penalty greater than that which [night have been inflicted under the law in force at the time of the commission of the offence.

Right to life and personal Liberty :

Article 21 of the Constitution secures this right to all persons. It provides:

”No person shall be deprived of his life or personal liberty except according to procedure established by law”.This article advances the Object of article 3 of the Universal Declaration of Human Rights. Similar provision is also found in article 6 of the International Covenant on Civil and Political Rights.

Right to Education :

In a significant development, the right to Education, was made a fundamental Right under Article 21A of the constitution by the Eighty-Sixth constitutional Amendment Act,2002, same was based on Article 26 of the UDHR.

Right to Adequate Housing and Land :

The human right to adequate housing and land is guaranteed in International law and in the Directive principles provided under the Indian Constitution. It has also been upheld by the Supreme Court, in various Judgmentsas an integral part of the Right to life.