The charger of the united nation uses the term is human rights and fundamental freedoms in article 1(3),

article 13(1)(b) , article 55 and article 76(c). The preamble of the universal declaration of Human rights
also uses the term "human rights and fundamental rights". Further, while articles 1 , 3 , fix , 8 , 10 , 13 ,
14 , 15 , 16 , 17 , 21 , 22 , 23 , 24 , 26 , 27 and 28 , articles 13, 18,19 and 20 use the term "right to
freedom" and term "rights and freedom" has been used in article 2, 29(2) and 30.

Probably taking the clue from the universal declaration of the human rights (1948), Indian Constitution
has used the expression "Right to freedom" in respect of the Fundamental Rights contained in the
Article 19, Article 25, 26, 27 and 28 whereas the term"right" has been referred in respect of other
fundamental freedoms.

(2) civil and political rights and economic , social and cultural rights.—

are distinction between 7 and political rights on the one hand , and economic , social and cultural right
has always been maintained. Whiley civil and political rights are recognised as the traditional right for
the individual against the state and are based on the laissez-faire doctrine on of non-interference, the
position of economic , social and cultural rights is different.

Indian constitution also maintains a clear and well marked distinction between civil and political right on
the one hand and economic , social and cultural right on the other. While civil and political right are
enshrined as Fundamental rights in part III of the Constitution of India, the rights of latter category are
contained in part IV of the Constitution as Directive Principles of State Policy. While part III of the
Constitution is justiciable in the court of law, DPSP are not justiciable.

(3) human right for all and human rights for citizens only.—

Universal declaration of human rights proclaims the human rights and fundamental freedoms for
'everyone' and distinction is made between a 'person' and a 'citizen'. the same pattern if followed by the
european convention for the protection of human rights and fundamental freedom (1950). In the
international Covenant on Civil and political rights (1966), generally the same pattern had been followed.

The indian constitution have classified fundamental rights into two categories :

(I) fundamental rights which are available to the citizens only and

(II) Fundamental rights available to all citizens residing in the territory of India for the time being. The
first category of fundamental right which are available to citizens only are:

.. .

Article 15 relating to prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth;

.. equality of opportunity for all citizens in mattters public appointment.

Article 19
Abcd

(IV) article 29 relating to protection of interests of minorities.

The second category of fundamental rights are comprised of the remaining fundamental rights which
uses the word "person".

In Chairman, Railway Board v. Mrs Chandrima Das, the Supreme Court aptly observed : the Fundamental
Rights are available to all the citizens of the country but a few of them are also available to the
"persons" while article 14 which guarantees equality before a law are equal protection of laws within
the territory of the India is applicable to" person" which would also include the "citizens" of this country
and non citizens, both.

(4) Justiciable and Non-Justiciable Human Rights and Relative importance of Part 3 and 4.—

while fundamental rights are just disable in court of law , the Directive Principles of the State Policy are
bot enforceable in any court. The fundamental rights comprise mainly of the civil and political rights and
there is not any dispute about their enforceability.

Chandrachud, J. suggested a syntehised between the two, by giving the Fundamental Rights a place of
Pride and DPSP a place of permanence. Together, not individually they form the core of the Constitution.

(5) Enumerated and Unenumerated Human Rights.—

it another classification of human blood that is found in indian constitution is that of enumerated and
Unenumerated human rights. The general practice is that in written constitution Fundamental Rights
are clearly enumerated. Indian constitution have also followed this practice.

In Satwant Singh Sawhney v. D. Ramarathan, it was held by the Supreme Court by majority that the
expression "personal liberty" in article 21 in the Constitution includes the rights to travel abroad and no
person can be deprived of that right except according to the procedure established by the law.

In Maneka Gandhi v. Union Of India, the special bench of the Supreme Court affirmed the above
decision. Delivering the Judgement, J. Bhagwati observed that the expression "personal liberty" in the
article 21 is of the widest amplitude and it covers a variety of rights which go to constitute the personal
liberty of the man and some of them had been raised to the status of disticnt fundamental rights and
give additional protection under article 19.

Right to travel abroad

Right to Privacy

Right against solitary confinement

Rights against bar felters

Right to free legal aid in a criminal trial

Right to speedy trial

Right against handcuffing

Right against delayed execution

Right against custodial violence

Right against public hanging

Right to shelter

Right to pollution free environment

Right to education for all children till the age of 14

The freedom of press

Right to know

Right to compensation

Right to release and rehabilitation of bonded labour .

The above list is simply illustrative and by no means exhaustive. However it is clear from the above
discussion that under Indian Constitution, besides Fundamental Rights which have been enumerated
under Part 3 of the Constitution, some other Fundamental Rights have been evolved by connected with
or having emanated from one or more fundamental rights.