HUMAN RIGHTS

MOHAMMED ABBAS
HEMANI
ROLL NO.- 611

27/2/2020
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FOUNDATION COURSE
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F.Y.BCOM-SEM II
 DEFINITON

According to the United Nations-

Human rights are rights inherent to all human beings, regardless of
race, sex, nationality, ethnicity, language, religion, or any other
status. Human rights include the right to life and liberty, freedom
from slavery and torture, freedom of opinion and expression, the
right to work and education, and many more. Everyone is entitled
to these rights, without discrimination.

BASIC CHARACHTERISTICS OF HUMAN RIGHTS

The following are the basic characteristics of human rights:

1. Inherent – Human Rights are inherent because they are not
granted by any person or authority. Human rights do not have
to be bought, earned or inherited; they belong to people simply
because they are human. Human rights are inherent to each
individual.

2. Fundamental - Human Rights are fundamental rights

because, without them, the life and dignity of man will be
meaningless.

3. Inalienable - Human rights cannot be taken away; no one has

the right to deprive another person of them for any reason.

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 People still have human rights even when the laws of their
countries do not recognize them, or when they violate them -
for example when slavery is practiced, slaves still have rights
even though these rights are being violated. Human rights are
inalienable. Human Rights are inalienable because:
a. They cannot be rightfully taken away from a free
individual.
b. They cannot be given away or be forfeited.

4. Imprescriptible - Human Rights do not prescribe and

cannot be lost even if a man fails to use or assert them, even by
a long passage of time.

5. Indivisible - To live in dignity, all human beings are entitled

to freedom, security and decent standards of living
concurrently. Human rights are indivisible. Human Rights are
not capable of being divided. They cannot be denied even when
other rights have already been enjoyed.

6. Universal - Human Rights are universal in application and

they apply irrespective of one’s origin, status, or condition or
place where one lives. Human rights are enforceable without a
national border. Human rights are the same for all human
beings regardless of race, sex, religion, political or another
opinion, national or social origin. We are all born free, and
equal in dignity and rights— human rights are universal.
7. Interdependent - Human Rights are interdependent because
the fulfillment or exercise of one cannot be had without the
realization of the other.

HUMAN RIGHTS IN INDIA

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The National Human Rights Commission is an expression of India's
concern for the protection and promotion of human rights. It came
into being in October,1993.

How are human rights defined in the Protection of

Human Rights Act, 1993?

In terms of Section 2 of the Protection of Human Rights Act, 1993

(hereafter referred to as 'the Act'), "human rights" means the rights
relating to life, liberty, equality and dignity of the individual
guaranteed under the Constitution or embodied in the International
Covenants and enforceable by courts in India. "International
Covenants" means the International Covenant on Civil and Political
Rights and the International Covenant on Economic, Social and
Cultural Rights adopted by the General Assembly of the United
Nations on the 16th December, 1966.

What has been focus of the Commission’s Working?

The Commission's purview covers the entire range of civil and

political, as well as economic, social and cultural rights. Areas
facing terrorism and insurgency, custodial death, rape and torture,
reform of the police, prisons, and other institutions such as juvenile
homes, mental hospitals, and shelters for women have been given
special attention. The Commission has urged the provision of
primary health facilities to ensure maternal and child welfare
essential to a life with dignity, basic needs such as potable drinking

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water, food and nutrition, and highlighted fundamental questions
of equity and justice to the less privileged, namely the Scheduled
Castes and Scheduled Tribes and the prevention of atrocities
perpetrated against them. Rights of the disabled, access to public
services, displacement of populations and especially of tribals by
mega-projects, food scarcity and allegation of death by starvation,
rights of the child, rights of women subjected to violence, sexual
harassment and discrimination, and rights of minorities, have been
the focus of the Commission's action on numerous occasions.

Fundamental Rights in India

The Rights and Fundamental Rights are sections of the Constitution
of India that provides people with their rights. These Fundamental
Rights are considered as basic human rights of all citizens,
irrespective of their gender, caste, religion or creed. etc.

There are six fundamental rights in India. They are Right to

Equality, Right to Freedom, Right against Exploitation, Right to
Freedom of Religion, Cultural and Educational Rights, and Right to
Constitutional Remedies.

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1. Right to Equality
Right to Equality ensures equal rights for all the citizens. The
Right to Equality prohibits inequality based on caste, religion,
place of birth, race, or gender. It also ensures equality of
opportunity in matters of public employment and prevents the
State from discriminating against anyone in matters of
employment on the grounds only of religion, race, caste, sex,
descent, place of birth, place of residence or any of them.

2. Right to Freedom
The right to freedom provides us with various rights. These
rights are freedom of speech, freedom of expression, freedom of
assembly without arms, freedom of movement throughout the
territory of our country, freedom of association, freedom to
practice any profession, freedom to reside in any part of the
country. However, these rights have restrictions.

3. Right against Exploitation

Right against Exploitation condemns human trafficking, child
labour, forced labour making it an offense punishable by law,
and also prohibits any act of compelling a person to work
without wages where he was legally entitled not to work or to
receive remuneration for it. Unless it is for the public purpose,
like community services or NGO work.

4. Right to Freedom of Religion

The right to Freedom of Religion guarantees religious freedom
and ensures secular states in India. The Constitution says that
the States should treat all religions equally and impartially and
that no state has an official religion. It also guarantees all people
the freedom of conscience and the right to preach, practice and
propagate any religion of their choice.

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 5. Cultural and Educational Rights
Cultural and Educational Rights protects the rights of cultural,
religious and linguistic minorities by enabling them to conserve
their heritage and protecting them against discrimination.
Educational rights ensure education for everyone irrespective of
their caste, gender, religion, etc.

6. Right to Constitutional Remedies

Right to Constitutional Remedies ensures citizens to go to the
supreme court of India to ask for enforcement or protection
against violation of their fundamental rights. The Supreme
Court has the jurisdiction to enforce the Fundamental Rights
even against private bodies, and in case of any violation, award
compensation as well to the affected individual.

The Supreme Court recently added the Right To Privacy in

the fundamental rights.

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 UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights (UDHR) is a milestone

document in the history of human rights. Drafted by
representatives with different legal and cultural backgrounds from
all regions of the world, the Declaration was proclaimed by the
United Nations General Assembly in Paris on 10 December 1948
(General Assembly resolution 217 A) as a common standard of
achievements for all peoples and all nations. It sets out, for the first
time, fundamental human rights to be universally protected and it
has been translated into over 500 languages.

it is the most translated document in the world and is consisting of

a preamble and 30 articles.

India was a signatory to the Universal Declaration of Human

Rights. A number of fundamental rights guaranteed ta the
individuals in Part III of the Indian Constitution are similar to the
provisions of the Universal Declaration of Human Rights.

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The following chart makes it very clear:
Civil and Political Rights in the Universal Declaration of
Human Rights and in the Indian Constitution
Article Declaration Constitution
Equality before law Article 7 Article 14
Prohibition of 
Article 7 Article 15(1)
discrimination
Equality of opportunity Article 21(2) Article 16(1)
Freedom of speech and
Article 19 Article 19(1)(a)
expression
Freedom of peaceful
Article 20(1) Article 19(1)(b)
assembly
Freedom to form
Article 23(4) Article 19(1)(c)
associations or unions
Freedom of movement
Article 13(1) Article 19(1)(d)
within border
Protection ion respect of
Article 11(2) Article 20
conviction for offences
Protection of life and
Article 3 Article 21
personal liberty
Protection of slavery and
Article 4 Article 23
forced labour
Freedom of conscience and
Article 18 Article 25(1)
religion 
Remedy for enforcement of
Article 8 Article 32
rights
Right against arbitrary
Article 9 Article 22
arrest and detention

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