All people are born with human rights, which are important for preserving
freedom, justice, and human dignity in society. The Constitution of India, the
main body of legislation governing the nation, contains provisions protecting
human rights. The Fundamental Rights, which are outlined in detailed in Part 3
of the Indian Constitution, ensure that every person has access to fundamental
freedoms and rights. The historical background of human rights, the
justification for the enshrinement of Fundamental Rights, the Indian legal
system's support for human rights, international human rights legislation, court
rulings, and the Supreme Court's interpretation of these rights are all covered
in this article.
Historical Background of Human Rights
Over the years, the idea of human rights has gone through significant
transformation as a result of political, social, and philosophical advancements.
Magna Carta (1215), which established individual liberties and constrained the
monarchy's authority, is where modern human rights have their origins.
Philosophers like John Locke promoted natural rights throughout the
Enlightenment, which promoted the theory of universal rights.
The United Nations established the Universal Declaration of Human Rights (UDHR)
in 1948 as a result of the world's understanding of the need for a comprehensive
framework to defend human rights following World War II. This proclamation,
which emphasized that every person has the right to rights and freedoms free
from discrimination, was a turning point in the history of human rights.
Human rights values have been integrated into the Indian Constitution as a
result of the country's fight for independence and social justice. By
recognising the many demands and rights of its residents, the drafters of the
Constitution aimed to establish an equitable society. Therefore, in order to
provide protection from dictatorship by governments and to achieve social
equality, the Constitution incorporated Fundamental Rights.
Reasons for Fundamental Rights in Relation to Human Rights
Fundamental Rights in the Indian Constitution serve as a safeguard against
arbitrary actions by the state and also ensures the protection of individual
liberties. These rights are essential for fostering an environment where
citizens can live with dignity and pursue their aspirations without fear of
discrimination or oppression by arbitrary actions of the state.
The reasons for
incorporating Fundamental Rights include:
- Protection Against State Excesses: Fundamental Rights serve as a check on governmental power, ensuring that individuals are not subjected to arbitrary actions or discrimination by the state.
- Promotion of Social Justice: By guaranteeing rights such as equality, freedom of speech, and protection against exploitation, the Indian Constitution aims to promote social justice and uplift marginalized sections of society.
- Empowerment of Citizens: By enabling individuals to express their rights and seek restitution for infringement, fundamental rights promote a culture of accountability.
- International Obligations: India, as a member of the United Nations, is committed to upholding international human rights standards. The incorporation of Fundamental Rights aligns with global human rights norms.
Indian Legal Framework for Human Rights in Relation to Fundamental Rights
The Indian Constitution provides a robust legal framework for the protection of human rights through its Fundamental Rights, which are enumerated in Articles 12 to 35. These rights include:
- Right to Equality (Articles 14-18): It guarantees equality before the law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It includes the abolition of untouchability and titles.
- Right to Freedom (Articles 19-22): It ensures freedom of speech, assembly, association, movement, residence, and profession. It also provides protection against arbitrary arrest and detention.
- Right against Exploitation (Articles 23-24): It prohibits human trafficking, forced labor, and child labor.
- Right to Freedom of Religion (Articles 25-28): It guarantees freedom of conscience and the right to profess, practice, and propagate religion.
- Cultural and Educational Rights (Articles 29-30): It protects the rights of minorities to preserve their culture and establish educational institutions.
- Right to Constitutional Remedies (Article 32): It empowers individuals to approach the Supreme Court for enforcement of Fundamental Rights, ensuring effective judicial remedy.
In addition to these rights, various laws have been enacted to safeguard human
rights, such as the Protection of Human Rights Act, 1993, which established the
National Human Rights Commission (NHRC) to investigate violations and promote
awareness.
A broad structure for protecting individual rights and guaranteeing justice for
all citizens is established by India's strong legal framework for the protection
and advancement of human rights, which is mainly contained in our Constitution
and other legislative enactments. This section examines the intricate details of
this framework, with a special focus on the relationship between human rights
and the Fundamental Rights guaranteed by Part III of the Indian Constitution.
The Fundamental Rights enshrined in the Indian Constitution serve as the
cornerstone of human rights protection in India. These rights are guaranteed to
all citizens and aim to ensure dignity, equality, and liberty.
The six
Fundamental Rights are:
- Right to Equality (Articles 14-18): This right ensures equality before the law and prohibits discrimination on various grounds, including religion, race, caste, sex, or place of birth. It encompasses the abolition of untouchability and the prohibition of discrimination in public employment.
- Right to Freedom (Articles 19-22): This right includes several freedoms, such as the freedom of speech and expression, assembly, association, movement, residence, and profession. Additionally, it provides protection against arbitrary arrest and detention.
- Right against Exploitation (Articles 23-24): This right prohibits human trafficking, forced labor, and child labor, ensuring that individuals are not exploited in any form.
- Right to Freedom of Religion (Articles 25-28): This right guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion, thereby ensuring the secular nature of the Indian state.
- Cultural and Educational Rights (Articles 29-30): These rights protect the interests of minorities by allowing them to conserve their culture, language, and script, and to establish and administer educational institutions.
- Right to Constitutional Remedies (Article 32): This right empowers individuals to approach the Supreme Court for the enforcement of their Fundamental Rights, making it a crucial mechanism for protecting human rights in India.
The Indian Constitution encourages the human rights ideology. In addition to Fundamental Rights, the Constitution's
Directive Principles of State Policy (Part IV) offer the state instructions for creating policies that ensure social and economic fairness, even if they are not subject to judicial review. Since they both seek to advance equality and human dignity, the interaction of Directive Principles and Fundamental Rights is crucial.
Legislative Framework
In addition to the Constitutional provisions, several legislative laws have been made to further protect human rights in India. These laws complement the Fundamental Rights and provide specific safeguards against violations. Some of the important legislations include:
- The Protection of Human Rights Act, 1993: This Act established the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) to promote and protect human rights in the country. The NHRC is empowered to investigate human rights violations, recommend measures for their prevention, and promote awareness regarding human rights.
- The Right to Information Act, 2005: This Act promotes transparency and accountability in governance by empowering citizens to seek information from public authorities. It is a crucial tool for ensuring citizens' rights and combating corruption.
- The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989: This legislation aims to prevent atrocities against marginalized communities, ensuring their protection and safeguarding their rights.
- The Protection of Women from Domestic Violence Act, 2005: This Act provides legal protection to women from domestic violence and aims to ensure their right to live with dignity and free from violence.
- The Juvenile Justice (Care and Protection of Children) Act, 2015: This Act provides a legal framework for the protection and care of children, ensuring their rights and well-being.
Role of the Judiciary
The Indian judiciary plays a very important role in interpreting and enforcing Fundamental Rights, thereby safeguarding human rights. The Supreme Court and High Courts have interpreted Fundamental Rights from time to time, ensuring that they are not mere legal provisions but living rights that evolve with societal needs. The Supreme Court in its landmark judgments such as:
- Maneka Gandhi v. Union of India (1978): The Supreme Court expanded the interpretation of Article 21 (Right to Life) to include the right to live with dignity and due process of law, emphasizing that the right to life is not merely a physical existence but encompasses a range of rights essential for a dignified life.
- Vishaka v. State of Rajasthan (1997): In this landmark case, the Supreme Court laid down guidelines to prevent sexual harassment at the workplace, recognizing it as a violation of women's Fundamental Rights under Articles 14, 15, and 21.
- Minerva Mills Ltd. v. Union of India (1980): The Court held that the Constitution is a living document and must be interpreted in a manner that upholds the dignity and rights of individuals.
International Laws Regarding Fundamental Rights and Human Rights
India's commitment of worldwide human rights aligns another indication of its
dedication to human rights. Member states are obligated to conform to the
fundamental human rights standards outlined in the Universal Declaration of
Human Rights (UDHR) and other conventions, including the International Covenant
on Civil and Political Rights (ICCPR) and the International Covenant on
Economic, Social, and Cultural Rights (ICESCR).
These international agreements, which act as foundations for the defence and
advancement of human rights in India, have been approved by the Indian
government. A number of international human rights standards are also included
into the Constitution itself, especially in the directive principles of state
policy.
Judicial Precedence in India & World Regarding The Protection of Human Rights
under the Indian Constitutional Framework
Judicial precedents play a significant role in interpreting and enforcing human
rights. The Indian judiciary has been instrumental in expanding the scope of
Fundamental Rights through landmark judgments. For instance:
- Maneka Gandhi v. Union of India (1978): This case expanded the interpretation of Article 21 (Right to Life and Personal Liberty), asserting that it cannot be curtailed except through a fair, just, and reasonable procedure.
- Vishaka v. State of Rajasthan (1997): The Supreme Court laid down guidelines to prevent sexual harassment at the workplace, emphasizing the need to protect women's rights in the workplace.
- Navtej Singh Johar v. Union of India (2018): The Supreme Court decriminalized Section 377 of the Indian Penal Code, affirming the rights of the LGBTQ+ community and promoting their dignity and equality.
Internationally, human rights cases such as
Brown v. Board of Education
(1954) in the United States set important precedents for the protection of
individual rights and social justice, influencing global human rights
jurisprudence.
Indian Supreme Court's Views on Fundamental Rights
The Indian Supreme Court has consistently upheld the sanctity of Fundamental
Rights, interpreting them expansively to adapt to changing societal needs. The
Court has emphasized that Fundamental Rights are not merely legal provisions but
embody the essence of democracy and justice.
In the case of
Minerva Mills Ltd. v. Union of India (1980), the Supreme
Court held that the balance between Fundamental Rights and Directive Principles
is very essential for achieving the goal of social justice. The Court asserted
that the Constitution is a living document, and its interpretation must evolve
with the changing times of the society.
The Supreme Court has also played a proactive role in addressing issues of
social justice, such as the rights of marginalized communities, women, and
children. The Court's recognition of the right to privacy in
Justice K.S.
Puttaswamy v. Union of India (2017) further illustrates its commitment to
safeguarding individual liberties.
Conclusion
The protection of human rights under the Indian constitutional framework,
particularly through Fundamental Rights enshrined in Part 3, is very important
for upholding democracy and ensuring justice. The historical evolution of human
rights, coupled with India's commitment to international standards, highlights
the importance of these rights in providing a just society.
Even if legal frameworks and interpretations by courts have made great progress
in defending human rights, there are still obstacles in ensuring that everyone,
especially marginalized people, can exercise these rights. In order to improve
the preservation of human rights in India, the courts, laws, and public
awareness are crucial. In the end, upholding human rights is a moral requirement
that demonstrates the country's dedication to justice, equality, and dignity for
all of its citizens, not just a legal need.
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