UNIVERSITY INSTITUTE OF LEGAL STUDIES

PANJAB UNIVERSITY, CHANDIGARH

PROJECT REPORT
On the topic
Universal Declaration of Human Rights 1948
Submitted as per curriculum of B.Com. LLB (Hons.) in the
subject of
International Human Rights

SUBMITTED TO: SUBMITTED BY:

Mr.Agampreet Singh Chirag Sehdev
UILS Roll No.: 205/20
PU, Chandigarh B.Com LL.B.
(Hons.) Section –D
UILS
PU, Chandigarh
Acknowledgement

Presentation, inspiration and motivation have always played a key role in the success of any
venture.
It is my proud privilege to release the feelings of my gratitude to several persons who helped me
directly or indirectly to make this project.
First of all, I would like to thank Almighty God for showering his immense blessings on me. I
pay my deep sense of gratitude to our professor, Mr. Agampreet Singh, University Institute of
Legal Studies, Panjab university, Chandigarh for encouraging me to the highest peak and
providing me opportunity to prepare
project on the topic:
Universal Declaration of Human Rights 1948

I owe my regards to the entire family of Department of Legal Studies from where I
am learning the basics of law and whose informal support, intellectual discussions
helped me in the entire duration of work.

CHIRAG SEHDEV
9th
Semester
Section-D
Roll No.: 205/20
Contents

Introduction............................................................................................................1
What are Human Rights.........................................................................................1
Classification of Human rights...............................................................................2
About UDHR..........................................................................................................3
History of UDHR....................................................................................................3
Significance of UDHR............................................................................................4
Structure of UDHR.................................................................................................5
UDHR and Human Rights in India........................................................................10
Case Laws..............................................................................................................11
Conclusion.............................................................................................................16
Bibliography..........................................................................................................17
Introduction
“All human rights for all’ and ‘the world is one family” are the two notions that have relied on
the broadened definition of human rights, ensuring human dignity for every individual of the
human race in the global village.

The question of fundamental human rights has been relevant ever since the rudimentary structure
of human society came to be established. Such rights can be said to comprise the basic needs of
human beings, which include the right to food, the right to breathe clean and unpolluted air, the
right to shelter, the right to clothing, and the right to a decent environment, all of which are
essential for human beings to live and survive, as against natural rights, which all living beings
enjoy from birth and which no human agency can give or take away.

The Universal Declaration of Human Rights (UDHR) declares, from the outset, that its goal is
to establish worldwide human rights. The Universal Declaration of Human Rights (UDHR) is a
building block in the modern history of human rights since it draws from ancient to
contemporary philosophies in response to the horrific events of World War II.1

What are human rights?

The term “human right” does not have a specific scientific definition. These are moral claims
that are inalienable and inherent in all human beings solely because of their existence. These
claims are expressed and formalised in what we now refer to as human rights, and have been
translated into constitutional/legal rights established through the law-making processes of
states/societies, both nationally and internationally.

Human rights are often defined as “inalienable fundamental rights to which a person is
essentially entitled just by virtue of being human.” Thus, human rights are understood as
universal (meaning they apply everywhere) and egalitarian (meaning they are the same for
everyone). Human rights is a generic term that includes and is the traditional civil and political
rights and newly developed modern economic, social and cultural rights.

The concept of human rights is also closely linked to human dignity. The World Conference on
Human Rights which was held in 1993 in Vienna stated in its Declaration, “All of the human

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rights are drawn from the basic concept of human dignity, worth inherited in the human being.
Human rights and fundamental freedoms revolve around the human individual.”

Classification of human rights

Civil and political rights (human rights of 1st generation)

Civil rights or liberties are rights that protect one’s right to life and liberty. They are essential for
a person to enjoy a dignified life. These rights include the right to life, liberty, the right to
privacy, home, and correspondence, the right to possess property, the right to be free of torture
and cruel or degrading treatment, the freedom of thought, conscience, religion, and the right to
move. Political rights are those that allow people to participate in the formation or administration
of a government. Examples: the right to vote, the right to be elected in legitimate periodic
elections, and the right to participate directly or through chosen representatives in the
administration of public affairs.

Economic, social, and cultural rights (human rights of 2nd generation)

Civil and political rights are linked with western capitalist countries (eg. the United Kingdom,
the United States of America, and France). On the other hand, human rights, according to
socialist states, are those founded on the harmony of individual and collective interests of a
socialist society. The Russian Revolution of 1917 and the Paris Peace Conference of 1919 gave
birth to economic and social rights. With the emergence of socialism in the twentieth century,
these rights gained respect.

These second-generation rights are positive in the sense that they compel states to adopt proper
actions to safeguard them. For example, rights include the right to adequate food, clothing,
housing, and an adequate quality of life. It also includes the right to work, the right to social
security, the right to good physical and mental health, and the right to education. Without these
rights, human life will be jeopardised.

These rights have been recognised in the International Covenant on Economic, Social, and
Cultural Rights.

Relationship between two generations of human rights: Even though the two sets of rights are
recognized by the UN in two different Covenants, they have a strong relationship. It has been
correctly recognised that both kinds of rights are equally vital and that without civil and political
rights, economic, social, and cultural rights cannot be fully realised, and vice versa.
About the Universal Declaration of Human Rights
(UDHR)
The Universal Declaration of Human Rights (UDHR) adopted by the United Nations General
Assembly, is an international declaration that establishes all human beings’ rights and freedoms.
It was adopted by the General Assembly on December 10, 1948, at the Palais de Chaillot in
Paris, France, after being drafted by a UN committee directed by Eleanor Roosevelt.2 The
UDHR is a foundational text in the history of human and civil rights, consisting of 30 articles in
it. Although the declaration is not legally enforceable, the rights are inscribed in the
constitutions and national legislation of many countries.

The Universal Declaration of Human Rights, along with the International Covenant on Civil and
Political Rights with its two Optional Protocols, the International Covenant on Economic,
Social, and Cultural Rights along with its Optional Protocol, forms the International Bill of
Human Rights.

The UDHR, as mentioned above, comprises a preamble and 30 Articles that include both civil
and political, as well as economic, social, and cultural rights. Though there is no clear
classification of articles into the two categories in The UDHR, they can be broadly classified
depending upon the rights that each article guarantees. Articles 2 to 21 and Article 28 can be
classified as civil and political rights, and Articles 22 to 27 can be categorised as economic,
social, and cultural rights. The first article of the declaration is the conveyance of a message to
every individual to uphold the spirit of brotherhood, and the last two articles of the declaration,
i.e., Articles 29 and 30, are more like an obligation than a right; they impose the duty or
obligation upon every individual and state to not exercise any of the rights enshrined in the
Declaration in a way that would violate others’ rights and freedoms.

History of the Universal Declaration of Human Rights

The United Nations was founded by 51 countries in October 1945, two months after World War
II ended. Two world wars, the nuclear bombings of Hiroshima and Nagasaki and a global
refugee crisis had led to fears of a destructive World War II.

The UN was founded to avoid such a disaster, as well as to address human rights. Out of all the
people who wanted such notions to become a reality, it was Eleanor Roosevelt – the wife of the
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late United States President Franklin Delano Roosevelt – who played a crucial role in
the formulation of the Universal Human Rights Declaration

Hansa Mehta, a UN delegate from the newly independent country of India and the only other
woman on the Commission on Human Rights was crucial in shaping the declaration. It was she
who changed the original declaration’s first article from “All men are born free and equal” to
“All human beings are born free and equal”.

Even though the declaration isn’t binding or enforceable. It would serve as a model for
legislation in many countries.

After the draft was presented to the United Nations General Assembly, it was adopted
on December 10, 1946.

December 10, the anniversary of the adoption of the Universal Declaration, is celebrated
annually as World Human Rights Day or International Human Rights Day.

Significance of Universal Declaration of Human

Rights
Since the Universal Declaration is not a treaty, it does not impose any legal duties on
governments directly. It is, however, a statement of universal principles that all members of the
international community share; it has also had a significant impact on the creation of
international human rights law.

The UDHR serves as an instrument that has exceptional significance in the sphere of human
rights. It is the primary proclamation that reflects the commitment of every nation towards the
protection of human rights. This document has great significance mainly because of two reasons,

Firstly, for the fact that it is the first international instrument ever that focuses on the need for
protection of human rights across the globe.

Secondly, the UDHR paved the way for other various instruments on human rights that are
legally binding upon the state parties. This declaration became the basis of international human
rights law and laid a foundation for the evolution of human rights law not just at the international
level but also at the domestic level. It inspired nations across the world to give significance to
human rights and to respect each and every individual.

As an impact of UDHR, every nation today, regardless of whether it is a democratic country or

not, has provided its citizens with at least the basics of human rights. The UDHR supported by
various other international instruments on human rights, has been successful in reducing
numerous practices such as racial discrimination, torture, slavery, etc., to a great extent, which
were very prevalent during the 19th century. Recognition of women’s rights is another
achievement of the UDHR.

Structure of the Universal Declaration of Human

Rights
The Declaration consists of the following:

The preamble gives details about the social and historical reasons that led to the formation of the
UDHR. General Assembly, Proclaims this Universal Declaration of Human Rights as a common
standard of achievement for all peoples and all nations, to the end that every individual and every
organ of society, keeping this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by progressive measures, national
and international, to secure their universal and effective recognition and observance, both among
the peoples of Member States themselves and among the peoples of territories under their
jurisdiction.3

It contains a total of 30 articles:

Article 1

All human beings are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction
of any kind, such as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status. Furthermore, no distinction shall be made on the
basis of the

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political, jurisdictional or international status of the country or territory to which a person belongs,
whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.4

Article 3

Everyone has the right to life, liberty and security of person.

Article 4

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all
their forms.

Article 5

No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

Article 6

Everyone has the right to recognition everywhere as a person before the law.

Article 7

All are equal before the law and are entitled without any discrimination to equal protection of the
law. All are entitled to equal protection against any discrimination in violation of this Declaration
and against any incitement to such discrimination.

Article 8

Everyone has the right to an effective remedy by the competent national tribunals for acts violating
the fundamental rights granted him by the constitution or by law.

Article 9

No one shall be subjected to arbitrary arrest, detention or exile.

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Article 10

Everyone is entitled in full equality to a fair and public hearing by an independent and
impartial tribunal, in the determination of his rights and obligations and of any criminal charge
against him.

Article 11

1. Everyone charged with a penal offence has the right to be presumed innocent until
proved guilty according to law in a public trial at which he has had all the guarantees
necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or omission
which did not constitute a penal offence, under national or international law, at the time
when it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offence was committed.

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence,
nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law
against such interference or attacks.

Article 13

1. Everyone has the right to freedom of movement and residence within the borders of
each state.
2. Everyone has the right to leave any country, including his own, and to return to
his country.

Article 14

1. Everyone has the right to seek and to enjoy in other countries asylum from persecution.
2. This right may not be invoked in the case of prosecutions genuinely arising from
non- political crimes or from acts contrary to the purposes and principles of the
United Nations.

Article 15

1. Everyone has the right to a nationality.5

5
ibid
 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change
his nationality.

Article 16

1. Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal
rights as to marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the
intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled
to protection by society and the State.

Article 17

1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.

Article 18

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom
to change his religion or belief, and freedom, either alone or in community with others and in
public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19

Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas
through any media and regardless of frontiers.

Article 20

1. Everyone has the right to freedom of peaceful assembly and association.

2. No one may be compelled to belong to an association.

Article 21

1. Everyone has the right to take part in the government of his country, directly or
through freely chosen representatives.
2. Everyone has the right of equal access to public service in his country.
 3. The will of the people shall be the basis of the authority of government; this will shall
be expressed in periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22

Everyone, as a member of society, has the right to social security and is entitled to realization,
through national effort and international co-operation and in accordance with the organization and
resources of each State, of the economic, social and cultural rights indispensable for his dignity
and the free development of his personality.

Article 23

1. Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
2. Everyone, without any discrimination, has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection of his interests.

Article 24

Everyone has the right to rest and leisure, including reasonable limitation of working hours and
periodic holidays with pay.

Article 25

1. Everyone has the right to a standard of living adequate for the health and well-being of
himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in circumstances
beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection.

Article 26

1. Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and
 professional education shall be made generally available and higher education shall be
equally accessible to all on the basis of merit.
2. Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups,
and shall further the activities of the United Nations for the maintenance of peace.
3. Parents have a prior right to choose the kind of education that shall be given to
their children.

Article 27

1. Everyone has the right freely to participate in the cultural life of the community, to
enjoy the arts and to share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author.

Article 28

Everyone is entitled to a social and international order in which the rights and freedoms set forth in
this Declaration can be fully realized.

Article 29

1. Everyone has duties to the community in which alone the free and full development
of his personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition
and respect for the rights and freedoms of others and of meeting the just requirements
of morality, public order and the general welfare in a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the purposes
and principles of the United Nations.

Article 30

Nothing in this Declaration may be interpreted as implying for any State, group or person any right
to engage in any activity or to perform any act aimed at the destruction of any of the rights and
freedoms set forth herein.6

6
ibid
Universal Declaration of Human Rights and Human
Rights in India
India, as a democratic and welfare nation, has always given utmost importance to human
rights and has always been committed to the protection of human rights, which is also
reflected in the Indian Constitution.

The UDHR had a great influence on the Indian Constitution since the drafting of the document
was completed a year later to the adoption of the international instrument. India, being a
signatory to the proclamation, ensured that the principles enshrined in the UDHR are also
reflected in the Constitution of India. The words “Secular, Justice, Equality” in the preamble,
the very beginning text of the Constitution, reflect the spirit of India as a nation to promote and
protect human rights. The simple terms in the preamble are supported by Part III and Part IV of
the Constitution, which discuss the fundamental rights and the directive principles of state
policy.

Case laws
The Supreme Court of India has been playing a significant role in the evolution of domestic
jurisprudence with regard to the sphere of human rights. Though the Constitution lists down
specific rights under Part III, the Supreme Court through wide interpretation of the provisions
under Part III, has always engaged in making the fundamental rights inclusive. The Supreme
Court, through its decisions, has added various rights, such as the right to education and the right
to privacy, within the meaning of the right to life and liberty under Article 21 of the
Constitution, as implied fundamental rights. The Supreme Court of India has also recognised and
invoked the UDHR in various cases. Some of the cases where the Supreme Court of India has
discussed the UDHR are briefly discussed below.

Kesavananda Bharati v. State of Kerala & Anr.7(1973)

Brief facts:

 In the present case, the petitioner was the chief of a religious institution (Mutt) in
the state of Kerala. The Mutt’s land was acquired by the state under the Kerala Land
Reforms (Amendment) Act, 1969. The petitioner challenged this Act in the
Supreme

7
(1973) 4 SCC 225
 Court, contending that the Legislation is violative of Article 26 which provides for
freedom to manage religious institutions.
 The Parliament in the meanwhile passed 24th, 25th and 29th Constitutional
Amendment Acts, which added the Kerala Land Reforms (Amendment) Acts, 1969
and 1971 to the Ninth Schedule of the Constitution and also curtailed the right to
property as a fundamental right.
 The petitioner challenged the constitutional validity of these acts and the power
of parliament to amend fundamental rights.

Issues:

 Whether or not the parliament can amend the fundamental rights.

 Whether or not the impugned Constitutional Amendment Acts are valid.

Judgement:

Though the present case is a landmark one that dealt with various issues, the relevant portion of
the judgement with regard to human rights is the issue of the power of parliament to amend
fundamental rights. The Court in this case held that the parliament has the power to amend any
provision of the Constitution, but the amendment should not be violative of the basic structure of
the Constitution which includes the fundamental features of the constitution such as equality,
justice, or any of the principles mentioned in the preamble of the constitution. The basic
structure also includes Part III of the Constitution which includes the fundamental rights. The
Court also held that though the UDHR is not legally binding, the way the fundamental rights are
drafted by the constituent assembly shows how India understood the nature of human rights. The
Court further held that the declaration describes some rights as inalienable.

ADM Jabalpur v. Shivkant Shukla8 (1976)

Brief facts:

 The president of India declared a national emergency through a presidential order

under Article 352 of the Constitution citing threat to security of India due to
internal disturbances.
 The presidential order led to the suspension of fundamental rights guaranteed under
Part III of the Constitution. Simultaneously, the court proceedings with regard to
the

8
AIR 1976 SC 1207
 application of Article 14, 21 and 22 of the Constitution were also subject to
suspension.
 The declaration of emergency was followed by arbitrary detention of
various politicians and others.
 As a result of the presidential order, the lower courts suspended the proceedings
dealing with the application of rights under Articles 14, 21, and 22 of the
Constitution. But the decision of a few courts was not in favour of the government,
and the government appealed such decisions before the Supreme Court.

Issues:

Whether or not the fundamental rights can be suspended during an emergency.

Judgement:

Hon’ble Justice Khanna, the dissenting judge in this case, while interpreting the presidential
order under Article 359(1), held that the interpretation of the presidential order, since it affects
the fundamental rights or human rights, should be in conformity with the international
customary law. Justice Khanna stressed upon Article 8 and 9 of the UDHR which provide for the
enforcement of fundamental rights and protection from arbitrary detention. He observed that the
Court should interpret the presidential order under Article 359(1) in a manner which would bring
it conflict with Article 8 and 9 of the UDHR. He therefore held that the presidential order should
not be construed to permit arbitrary detention or suspension of any remedy for the enforcement
of fundamental rights.

Chairman, Railway Board & Ors. v. Mrs. Chandrima Das

& Ors. 9(2000)

Brief facts:

 In the present case, a few railway employees committed rape of a woman, who was
a Bangladeshi national, at the ‘Rail Yatri Niwas’, Howrah railway station.
 Mrs. Chandrima Das, an advocate, filed a petition under Article 226 of the
Constitution before the Calcutta High Court claiming compensation for the victim.
The High Court awarded a compensation of Rs. 10 lakhs to the victim, which was
to

9
(2000) 2 SCC 465
 be paid by the railway board since the offence was committed by the railway
employees on the station premises.
 The railway board filed an appeal before the Supreme Court contending that it
would not be liable to pay the compensation since the victim was a foreigner and not
an Indian national. The board also contended that the offence was an individual act
of persons, and hence it would not be liable to pay compensation for the acts of
concerned individuals. The board had further contended that compensation could not
be awarded since the petitioner was not the victim herself.

Issues:

Whether the railway board is liable to pay the compensation.

Judgement:

The Court dismissed the appeal and held the railway board and the central government
vicariously liable. The Court, while upholding the compensation awarded to the victim,
discussed the right to life under Article 21 of the Constitution. The Court held that fundamental
rights guaranteed under the Constitution are in consonance with the rights set out in the UDHR.
Therefore the meaning of the term ‘life’ under Article 3 of the Constitution has to have the same
meaning under Article 21 of the Constitution. The Court held that the meaning of the term life
under Article 21 of the Constitution cannot be narrowed down. Though the fundamental rights
are available to the citizens of the nation, a few of them are available to any person, be it a
citizen or a foreigner.

K.S. Puttaswamy & Anr. v. Union of India & Ors.10 (2017)

Brief facts:

 The government launched AADHAR, which was made mandatory for availing
certain schemes.
 An individual was required to provide biometric data while signing up for AADHAR.
 The petitioner, who is Retd. Justice, challenged the Aadhar scheme before the
Supreme Court, contending that it violates the right to privacy of an individual
.

10
(2017) 10 SCC 1
Issues:

Whether the right to privacy is a fundamental right and a constitutionally protected value.

Judgement:

The Supreme Court in this case held that the right to privacy is an essential part of the right to
life and personal liberty under Article 21 of the Constitution. The Court observed that the right
to privacy is recognised as an international human right by Article 12 of the UDHR to which
India is also a signatory. The Court therefore observed that recognition of privacy as a
fundamental constitutional value is part of India’s commitment to global human rights, as
Article 51 of the Constitution requires the state to respect international law and treaty
obligations. The Court further held that the importance of the right to privacy cannot be diluted.

Conclusion
In a world where human rights enforcement is still a challenge in both developed and
developing countries, the Universal Declaration of Human Rights (UDHR) serves as a
lighthouse for the international community on the standards that should be set for the protection
and promotion of human rights. The Universal Declaration of Human Rights marked the
beginning of a new era of hope for respect for all people’s inherent equality and dignity. It
paved the way for the drafting of international human rights treaties and the formation of several
human rights organisations. It gave greater legitimacy to the subject of human rights around the
world, putting it firmly on the agendas of both national governments and the international
community.

Despite these great achievements, the last seventy-three years have also shown that, in the
absence of political will and resources, complete respect for human rights remains a pledge on
paper. Even in recent scenarios, the fight against crime and terrorism has also put a strain on
fundamental rights.

So governments today must show the same degree of vision, courage, and commitment that led
the United Nations to adopt the Universal Declaration of Human Rights seventy-three years ago.
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