SYNOPSIS WORK

OF

HUMAN RIGHTS LAW AND PRACTICE

ON

TOPIC:CONSTITUTION PROTECTION OF HUMAN RIGHTS (A

CRITICAL ANALYSIS)

SUBMITTED BY:

ANISHKA SAINI

REG. No: GU15R0340

SEMESTER-X

SUBMITTED TO:

PROF.ALQAMA

GLOCAL LAW SCHOOL

 SYNOPSIS

AIM AND OBJECTIVE: To study and analyze the various provisions of International
covenants and documents relating to Human Rights and compare those with similar provisions as
provided under the Indian Constitution. Relevance of Human Rights Act, 1993 will also be
discussed.

RESEARCH METHODOLOGY: Doctrinal.

UTILITY OF RESEARCH: This research will enable the reader to understand that India has
abided by the International Covenants on Human Rights by incorporating similar provisions in
its Constitution.

SCOPE OF RESEARCH: It is an open-ended research since various enforcement and

implementation machineries on Human rights will not be discussed at length.

INTRODUCTION

Human beings are born equal in dignity and rights. There are moral claims which are inalienable
and inherent in all individuals by virtue of their humanity alone, irrespective of caste, color,
creed, and place of birth, sex, cultural difference or any other consideration. These claims are
articulated and formulated in what is today known as human rights. Human rights are sometimes
referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights.
Dr. Justice Durga Das Basu defines Human Rights as: “Human rights are those minimal
rights, which every individual must have against the State, or other public authority, by virtue of
his being a ‘member of human family’ irrespective of any consideration”.
The Universal Declaration of Human Rights (UDHR), 1948 1, defines human rights as “rights
derived from the inherent dignity of the human person.”
Section 2(d) of the Human Rights Act, 1993, defines human rights as the rights relating to life,
liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the
International Covenants and enforceable by courts in India.
Human rights when they are guaranteed by a written constitution are known as “Fundamental
Rights” because a written constitution is the fundamental law of the state. Human rights are
essential for the overall development of individuals.
The Constitution of India makes provisions for basic rights also known as Fundamental Rights 2
for its citizens as well as for aliens. A distinction is made between Specific Fundamental Rights
and Unspecified Fundamental Rights. The rights enshrined in the Constitution also at times are at
par with the International Covenant on Civil and Political Right (ICPPR) which is an
international treaty. The ICCPR is applicable to States rather than to individual. Therefore, rights
enshrined therein become the obligation of a state only when they have been incorporated in the
State’s internal law

BIBLIOGRAPHY:

BOOKS:

 Basu, “Human Rights In Constitutional Law”, Lexisnexis Butterworths, 3rd edn.(2008),

 Ishay, “The Human Rights Reader”, Routledge, 2nd edn. (2007),

1 The Universal Declaration of Human Rights is a declaration adopted by the United Nations General
Assembly on 10 December 1948 at the Palais de Chaillot, Paris. The Declaration consists of 30 Articles
which have been elaborated in subsequent international treaties, regional human rights instruments,
national constitutions, and other laws. The International Bill of Human Rights consists of the Universal
Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and
the International Covenant on Civil and Political Rights and its two Optional Protocols. In 1966, the
General Assembly adopted the two detailed Covenants, which complete the International Bill of
Human Rights. In 1976, after the Covenants had been ratified by a sufficient number of individual
nations, the Bill took on the force of international law.
2 PART III,Constitution Of India,1950.

 Lagoutte, Sans, Smith, “ Human Right In Turmoil, Facing Threats, Considering

Achievements, Martinus Nijhoff Publishers (2007),

 Subramaniam, “Human Right: International Challenge”, Manas Publication, 1st edn.

(2007),
 Talk, Elver, Hajjar, “Human Rights”, Routledge, (2008).