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HUMAN RIGHTS

Abstract

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Human rights are natural and indivisible which generate with the birth and end after death .

India is a biggest democratic country in the world has its own written constitution. The main objective of the
democracy is to protect the basic human rights of the people of the nation and n obody should be deprived from
their human rights or basic rights. Human rights are those basic rights which generate with the birth of a child and
end after the death of that person. But there are some r ights which survive after the death like right to Funeral etc.
The International Declaration that is Universal Declaration on Human Rights gives and protects the Civil, Political,
Economical, Social and Cultural rights of the people. We all are entitled to enjoy our human rights without
discrimination on the ground of region , race, cast, sex and place of birth etc and also without the interference of
the Government or Nation , the Human Rights protected by the India n C onstitution. Article 32 and 226 of the
constitution of India gives constitutional remedies to the people of India on the infringement of fundamental rights
which includes human or basic ri ght of the people given under P art s III and IV of the constitution .

Introduction

Human rights are univers al in nature. Human Rights are those rights which created from birth of a child
and it is protected by the state. It is not only indivisible but also independent and interdependent with
others.
India had signed almost all the International Conventions of t he Human Rights and also framers of the
Constitution of India took almost all the human rights which are mention under Universal Convention on
Human Rights, 1948 including all the Civil, Political, Social, Economical and Cultural rights, as the
Fundamental Rights in the Indian Constitution.

In England , the concept of the human rights origina ted at the time of Magna Carta . In 1627 ¸the Magna
Carta was followed by the petition of rights and the bill in 1688. However, the real foundation of the
human rights i n constitutional law actually to the 17 th century. The Magna Carta 1, the American
Declaration of Independence 2 and Bolshevic revolution in Russia 3 could be cited as important landmarks
in th e development of human rights and also have important role in adv ancing of the ambit of human
rights in England.

India has National Human Right Commission to safeguard the human rights of the people of India. The
Commission also mandated for spread out the human rights literacy among people in society and also
aware pe ople through the seminar, drama, documentary form, media, publications and other means of
technology. The commission is mechanism for protection and promotion of the human rights.

1 1215 2 1776 3 1997

International Perspective

International Bill of human Rights
In 1945 , a proposal was to made declaration on the basic and essential rights of men at the Sen
Francisco conference where the U.N. charter was drafted and opened for signature and ratification. The
idea of international Bill of Human Rights considered.

Composi tion of the International Bill of Human Rights:
• The Universal Declaration on Human Rights
• The International Covenant on Civil and Political rights
• The International Covenant on Economical , Social and Cultural rights
• The Optional Protocol to the Internatio nal Covenant on Civil and Political rights

The Universal Declaration of Human Rights 4

During First and Second World War, at large scale violations of human rights and human resources were
there. The General assembly of United Nation Charter prepared a draft on the International Bill of Rights
and on December 10, 1948 the General Assembly finally adopted the Universal declaration of Human
Rights. That’s why the main aim of the Universal Declaration to give equal rights to men and women and
foundation of freedom, justice and peace in the world. The UDHR 5 contains 30 Articles and VI Parts.

The International Covenant on Civil and Political rights 6
The International Convention contains 53 Articles divided into VI parts. The provisions of this conviction
are the charter provisions concerning the human rights and the UDHR , 1948 meaning thereby, this
covenant is the part of the UDHR. The preamble of this covenant gives inherent dignity, equal and
inalienable rights and also freedom, justice and peace of law.

The International Covenant on Economical, Social and Cultural rights 7
The covenant comprises of 31 Articles and Five Parts. The preamble of this covenant is similar to the
International Covenant on Civil and Political rights because both covenant s are part of the United Nation
Charter Provisions and the UDHR, 1948.

The European Convention for the Protection of Human Rights and Fundamental Freedoms 8
This convention drafted for the protection and promotion of the human rights and the fundamental
freedoms of the people. The drafters of the convention relied on the Universal Declaration on Human
Rights and follow them. The European Convention took many basic rights from the Universal
declaration. According to the preamble of the European Convention, the purpose is to enforcement of
certain rights of people equally.

4 1948 5 Universal Declaration of Human Rights, 1948 6 1966 7 1966 8 3 September 1953

Panton v United Kingdom 9
In this case, the husband seeking to prevent abortion of his wife but it is rejected by the European
Commission and held Right to Life Covered the Fetus and abortion would be considered as serious crime
if the life of pregnant women is in danger.

Judicial Role in India

The provision given under constitution of India does not fulfill the objects of the fundamental rights
because its give only rights but not full ensured o f the enjoyment of that rights . What about the
infringement of those human rights and what are the remedies are there.

Article 32 10 and 226 11 of the Indian C onstitution gives remedy through the writes like Habeas Corpus,
Mandamus, Prohibition, Quo Warranto and Certiorari . If any person’s fundamental rights contradict or
compromise by any person weather it is an individual of a society or by public servant or by the
government itself , the aggrieved person has constitutional right to go Supreme Court and High Court for
relief . Relief under constitution and punishment by courts are similar to all the citizen of India, Article
14 12 says right to equality and equal protection by the law if any one infringed the human rights or
fundamental rights of any person will be punished same amount weather any individual do it or through
the public servant or the government itself.

The Indian Judiciary act as the guardian of the fundamental right or we can say human rights of the
people of India, they not only provide remedie s to the people but also recognize the human rights after
the interpretation of the part III of the constitution that are fundamental rights and protect them. The
Indian Judiciary larges the scope of the Fundamental rights and also enumerate the human righ ts.

In the case of Menka Gandhi v Union of India 13 it is landmark case by the Supreme Court interpreted the
article 21 of the Indian constitution that is Right to Life. Justice Bhagwati, enumerated that right to life
includes right to live with human digni ty. The Supreme Court also pronounced the theory of ’emanation’
that is to make the fundamental rights meaningful and active.

S. P. Gupta v Union of India 14, in this case the court said that, any person who is aggrieved but not able
to file a case because of poverty or not have sufficient resources the any member from public can file
the case under article 32 and 226 before supreme court and high court on the behalf of aggrieved
person. Even the aggrieved person also can write a letter to the court. The re is also another solution for
this that is Public Interest Litigation.

The Supreme Court has active role also in the measurement of the child welfare and protection and
promotion of the human rights of the child. The Supreme Court decided number of cas es and give effe ct
on the child’s huma n rights, women harassment, labo ur’s human rights etc.

9 App no. 8317/78 10 Article 32 – Remedies for Enforcement of Rights con ferred by Part III. 11 Article 226 – Power of High Court to Issue Certain Writs 12 Article 14 – Equality before Law 13 1978 AIR 597, SCR 14 AIR 1982 SC 149

Important Human Rights Issues in India

In India, the important issues regarding human rights are inequality . The Indian people divided casts as
General, Other Backward classes, Schedule cast and Schedule Tribes etc.
The rece ntly issues rose by the people of India against SCST act that is The Scheduled Castes and Tribes
(Prevention of Atrocities) A ct, 1989 . The act enacted to prevent the atrocities against the people
belongs to SCST act. T he public at large belongs to General and Other Backward Classes and other
people other then SCST people was not favored the amendment in that act because the amendment
gives more importance to SCST people then to others.

Con vention on the Elimination of All Forms of Discrimination against Women 15

The Convention provides equal rights to women like right to Life, Equality, Education and have freely
and equal responsible to take decision on number of children and spacing in the ir children and also have
right to seek information and receive means and resource.

Human Rights issues and Human Trafficking it also current issue which infringe the human rights of the
individual in society. Article 23 of the Indian Constitution prohi bits traffic in human beings, beggar and
other similar forms of force labour and it is punishable in accordance of law.

State of Gujarat v Hon’ble High court of Gujarat 16
The Honorable Supreme court larges the scope of Article 23 and held that sentenced under article 23 to
rigorous imprisonment, can not be said unconstitutional decision because it is consistent with the
provision of Article 23(2) an d they serve to public purpose.

In 2005, a report made by National Instituted of Educational Planning and Administration capture that
only 3.5% of the Primary Schools in Bihar and Chhat tisgarh had Toilets are available for girls. And also
there are many states like in Maharashtra, Gujarat, Rajasthan, Andre Pradesh and Himachal Pradesh ,
Madhya Pradesh the rates were 12 -16% not facilities toilets in the schools for girls.

Corruption work s as the decease on the state. Meaning thereby it compromise and finished slowly but
deeply on all the obligations have to fulfill by the s tate. It di rectly and indirectly effec t on the human
rights of the individual in the society. This is also important issue of the human rights.

The young person under society has inadequate information, knowledge, skills and also not has much
motivations an d inspiration on human rights. T hey also not know about how we take action against
violation of human rights.

There are uncountable crimes happening in the world and the people are suffering continuously and not
get relief from the state. The barrier providing education is not only inadeq uate money but also
insecurity, resources to women not provided, psychological and physical problems to women etc.

15 18 December 1979 16 AIR 1998 SC 3164

Conclusion and Suggestion

Human rights always relates to life, Liberty, Equality and Religions. Our India has written document
which protects and promote the human Rights, called Constitution of India. Our Indian judiciary also
recognizes many rights after interpreting the fundamental rights.
Indian Constitution has One to Ten A mendments (1951 -1961 ) called Bill of Rights because these are
relating to human Rights. Indian parliament framed many laws which protect and promotes the Human
rights and describes punishments against violation of the human rights.
The people of India can go for relief direct to Supreme Court and High Court of I ndia under Article 32
and 226 through the Write Petition. They have not to take any permission for go to courts of India. The
Parliament also framed provisions that if those who can not come because of poverty or those who not
want come before the court th en any person or member of the group if the public at large persons
aggrieved then they come before the court on the behalf of that aggrieved person which called the
Public Interest Litigation. I want to give some suggestions which are following:

• Legal Ai d the government has to organize legal aid camp for lower cast people and children in
the school. They have to inform regarding the knowledge of human rights.

• Law Reforms the parliament and Indian Judiciary has to follow the rule of law and reforms in
rul e and laws of the human rights

• Training it is the duty of the government that they have to give some training to the people of
India regarding the human rights and give them knowledge about the process of get relief from
the court.

• Education the Indian c onstitution and the Universal D eclaration of Human R ights , 1948 article
26 says every one has right to education and nobody including state has right to discriminate
on the ground of race, cast, sex and place of birth. The Indian constitution under Arti cle 21 -A
state shall give free education to the children age Six to Fourteen years and also there should be
provide free education to the lower cast people and people belongs to bellow poverty line.

• Awareness the National Human Right Commission play acti ve role to provide education through
programs like dramas, games, media, movies or short documentaries etc and aware to the
people about the human rights.

• Role of Media the youth very influence through the media. T he media play very active role in
develo pment of the rights and give to the youth the knowledge about human rights and provide
every type of news regarding happing in the world. But they have to show only reality and not
editions.

• Rules should be strictly framed by the parliament and the state and also strictly followed.

• Corruption directly and indirectly ignore the human rights, the state and the individual of the
society have to work honestly and without fraud. The state has to make strict laws against the
corruptions and try hard for remove the corruption.

• The Protection of Human Rights Act, 1993 should be ame nd by the Parliament and give powers
to the Human Right Commissions.

• Human rights are always based on principal of Natural Justice so there should be follow by the
administration the principal of natural justice.

Bibliography

• https://www.jstor.org/stable/4408327 .
• Dr. Kapoor, S.K.; Human Rights; Seventh Edition; Central Law Agency.
• Dr. Bhagyashree A Deshpande; Human Rights Law and Practice; First Edition; Central Law
Publications.
• www.indiankanoon.com

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