UNIT 4

Human Rights in Indian Constitution and Law

Introduction to Human Rights in India

Human rights refer to the basic rights and freedoms that belong to every person,
regardless of nationality, gender, ethnicity, religion, or any other status. These
rights are inherent to all individuals and are designed to ensure dignity, equality,
and justice for every person. In India, the concept of human rights is enshrined in
the Constitution of India, which provides a robust legal framework to protect and
promote these rights.

The Indian Constitution not only guarantees individual rights but also lays down
guidelines for the state to follow in ensuring these rights. This is achieved through
a combination of Fundamental Rights, Directive Principles of State Policy, and
Fundamental Duties.

1. The Constitution of India: Overview

The Constitution of India, adopted in 1950, is the supreme law of the country. It
establishes the framework of the political principles, procedures, and institutions of
the Indian government. The Constitution guarantees the protection of human rights
and civil liberties to every citizen of India. It is the guiding document that upholds
justice, equality, and freedom for individuals and communities.

2. Preamble to the Constitution

The Preamble is an introductory statement that outlines the fundamental values and
guiding principles of the Constitution. It reflects the philosophy of the
Constitution-makers and serves as the guiding light for the interpretation of the
Constitution.

The Preamble declares India as a Sovereign, Socialist, Secular, Democratic

Republic that aims to secure to its citizens:

Justice (Social, Economic, and Political)

Liberty (of thought, expression, belief, faith, and worship)

Equality (of status and opportunity)

Fraternity (assuring the dignity of the individual and the unity and integrity of the
nation)

Human Rights in the Preamble: The Preamble provides the foundation for the
recognition of human rights, as it emphasizes the importance of justice, liberty,
equality, and fraternity.

3. Fundamental Rights

Part III of the Indian Constitution (Articles 12 to 35) guarantees Fundamental

Rights to all citizens. These rights are considered essential for the development of
human beings and the protection of their dignity. They serve as the cornerstone for
protecting individual freedom and equality.

The Fundamental Rights include:

Right to Equality (Articles 14-18):

Article 14: Equality before the law.

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or
place of birth.

Article 16: Equality of opportunity in matters of public employment.

Article 17: Abolition of untouchability.

Article 18: Abolition of titles.

Right to Freedom (Articles 19-22):

Article 19: Freedom of speech and expression, assembly, association, movement,

residence, and profession.

Article 20: Protection in respect of conviction for offenses.

Article 21: Protection of life and personal liberty.

Article 22: Protection against arrest and detention in certain cases.

Right against Exploitation (Articles 23-24):

Article 23: Prohibition of human trafficking and forced labor.

Article 24: Prohibition of child labor.

Right to Freedom of Religion (Articles 25-28):

Article 25: Freedom of conscience and free profession, practice, and propagation
of religion.

Article 26: Freedom to manage religious affairs.

Article 27: Freedom from paying taxes for promotion of any religion.

Article 28: Freedom from religious instruction in educational institutions.

Cultural and Educational Rights (Articles 29-30):

Article 29: Protection of interests of minorities.

Article 30: Right of minorities to establish and administer educational institutions.

Right to Constitutional Remedies (Article 32):

Provides individuals the right to move the Supreme Court for the enforcement of
Fundamental Rights.

Human Rights Significance: These rights ensure that individuals are not subjected
to oppression, exploitation, or discrimination. They offer protection for personal
liberties, equality, and dignity, forming the core of human rights in India.

4. Directive Principles of State Policy (DPSP)

Part IV of the Constitution (Articles 36-51) outlines the Directive Principles of

State Policy (DPSP). These principles are guidelines for the State in the
governance of the country. Although they are not enforceable by law (i.e., they are
not justiciable), they reflect the ideals and goals that the Indian state should aim for
in creating a just society.

Key Principles:

Article 38: Promotes social justice and the welfare of the people.

Article 39: Ensures equitable distribution of wealth and opportunities for

livelihood.

Article 41: Right to work, education, and public assistance.

Article 42: Provision for just and humane conditions of work and maternity relief.

Article 43: Living wages for workers and decent standard of living.
Article 45: Free and compulsory education for children.

Article 46: Promotion of the welfare of Scheduled Castes, Scheduled Tribes, and
other weaker sections of society.

Human Rights Significance: While the DPSPs are not legally enforceable, they are
intended to guide government policy and legislation to secure human rights and
promote social justice.

5. Fundamental Duties

Part IVA of the Constitution (Article 51A) lists the Fundamental Duties of citizens.
These duties were added by the 42nd Amendment Act of 1976 and emphasize
moral obligations, including respect for the Constitution and the protection of the
environment, which are essential for the collective well-being of society.

Some of the Fundamental Duties include:

Respect for the Constitution, National Flag, and National Anthem.

To promote harmony and the spirit of common brotherhood.

To safeguard public property and abjure violence.

To protect and improve the natural environment.

Human Rights Significance: These duties encourage citizens to uphold the rights of
others and contribute to the creation of a just and humane society.

6. Some Other Provisions for Protection of Human Rights

Apart from the provisions discussed, several laws and agencies in India play a vital
role in protecting human rights:
The National Human Rights Commission (NHRC):

Established in 1993, the NHRC is an autonomous body tasked with the protection
and promotion of human rights in India.

The Protection of Human Rights Act, 1993: This Act defines human rights and
establishes mechanisms to investigate violations of human rights.

Legal Protection for Vulnerable Groups: Specific laws and provisions exist to
protect vulnerable sections of society, including Scheduled Castes, Scheduled
Tribes, women, and children. These include the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act, 1989, and the Protection of Women from
Domestic Violence Act, 2005.

International Treaties and Conventions: India is a signatory to various international

human rights instruments, such as the Universal Declaration of Human Rights
(UDHR), the International Covenant on Civil and Political Rights (ICCPR), and
the Convention on the Elimination of All Forms of Racial Discrimination (CERD).

Conclusion

The Constitution of India offers a comprehensive framework for the protection and
promotion of human rights. Through its Fundamental Rights, Directive Principles
of State Policy, Fundamental Duties, and other legal provisions, India strives to
ensure that every individual is granted the freedom, dignity, and equality that form
the basis of human rights.

By upholding these rights, India seeks to build a society where every citizen can
live with justice and equality, free from exploitation and discrimination. The role
of the state, judiciary, and citizens is crucial in maintaining and advancing human
rights in India.