Meaning :- Human rights are the basic rights and freedoms that belong to every person in the

world, from birth until death. They can never be taken away, although they can sometimes be
restricted, for example if a person breaks the law, or national securities. The basic Human rights
are Right to life, right to dignity, fairness, equality, respect and independence.
Definitions :- There are some definitions from different jurists:-
➢ According to Section 2(d) of the protection of Human Right Act, 1993 :- “Human rights
means the right relating to life, liberty, equality, and dignity of individual guaranteed by
the Constitution or embodied in the international Covenants and enforceable by Courts in
India.
➢ According to Susan Moller Okin :- “Human rights as a claim to something of crucial
importance for human life”.
➢ According to Dr. Purohit :- “Human rights are the basic values which under lie that human
beings, born in any part of the world, are equal in dignity and rights”.
Object of Human Rightss
1) To Protect Human Rights
2) To develop individual self respect
3) To value human dignity
4) To promote respect, understanding and appreciation of diversity
5) To promote democracy, Social Justice and friendship among people and nations.
Sources of Human Rights
1) Universal declaration of human rights
2) International treaties and covenants
3) International Customs
4) Judicial Decisions
5) Official Documents
Kind of human rights
1) Civil and Political Rights:- Rights contained in the covenants of Civil and Political come
under this category that see their origin in the 13th century in Magna Carta.
E.g :- Right to life, liberty, right to privacy, right to freedom from torture and inhuman
treatment.
2) Economic and Social Rights:- These rights refer to economic and social rights which are
considered to have been originated in the Russian Revolution of 1917 and in the Paris peace
conference of 1919.
E.g :- Food, Clothes, House and adequate standard of living and freedom from hunger etc.
3) Collective Rights:- Individuals are also members of such units, groups or communities and
state, therefore, international law not only recognizes inalienable rights of individuals, but
also recognizes certain collective rights.
E.g :- Right to self determination, rights to peace and development
etc.
Concept of human rights
➢ Magna Carte :- Magna Carta also known as “Great Charter”, is a charter of rights agreed
to by King John as England, on 15th June 1215, to make peace between the unpopular king
and a group of people, it promised the protection of church rights.
➢ Petition of Rights, 1628 :- A statement of Civil liberties sent by the English parliament o
Charles 1. Human rights were improved or enhanced in the petition
➢ The Bill of Rights, 1689 :- Is a landmark Act in the constitutional law of England that sets
out certain basic civil rights.
➢ The Virginia Declaration, 1776 :- This declaration specified a number of fundamental
rights of man. The Virginia declaration of rights affirmed that all men are by nature equally
free and independent and have certain inherent rights.
➢ Constitution of USA 1787 :- Constitution of USA 1787 with amendments in 1789, 1865,
1869 and 19119 specified a number of fundamental rights of man.
➢ The French declaration, 1789 :- Inspired by the American declaration of independence, the
newly formed National Assembly proclaimed the declaration of the rights of men and
citizen
➢ Universal declaration of Human Rights 1948 :- Is a historic documents that was adopted
by United Nations General Assembly, UDHR is a milestone document in the history of
Human rights, it sets out, for the first time, fundamental human rights to be universally
protected.
➢ International Covenants 1966 :- The United nations General Assembly adopted two
covenants on 16th Dec. 1966, the international covenant on Civil and Political Rights
(ICCPR) and International covenant on Economic, Social and Cultural Rights ICESCR).
UDHR
➢ Universal Declaration of Human Rights (UDHR) is a declaration that was adopted by
United Nation’s General Assembly on 10th Dec. 1948.
➢ It declares that Human Rights are Universal to be enjoyed by all people, no matter who
they are or where they live.
➢ The Universal Declaration of Human Rights consists of a preamble and 30 Articles.
Covering both Civil and Political Rights and Economic, Social and Cultural Rights.
Article 1 and 2 :- General
Article 3- 21:- Civil and Political Rights
Article 22 – 28 :- Economic, Social and Cultural Rights
UDHR can be divided into 6 parts :-
➢ Part 1 (Article 1 and 2) :- They reaffirm human dignity, equality and brotherhood.
➢ Part 2 (Article 3-11) :- They are the rights of the individual and include Right to life,
outlawing of slavery or torture, equality before law, The Rights to a fair trial etc.
➢ Part 3 (Article 12 - 17) :- They are the rights of individuals within Civil and Political
society. They include freedom of movement, the rights to nationality, right to marry and
found a family.
➢ Part 4 (Article 18 - 21) :- They are the spirituals and religious rights of individuals, such as
freedom of thought and conscience, right to your own opinion, the right to peaceful
assembly and association and the right to vote and take part in government.
➢ Part 5 (Article 22 - 27) :- They are the Social, Economic and Cultural rights of the
individual. They include the right to work, the right to rest and leisure, the right to a decent
standard of living and the right to education.
➢ Part 6 (Article 28 - 30) :- They reminds us that right come with obligations, and that none
of the right mentioned in the UDHR can be used to violate the spirit of the United.
➢ Members of UDHR :- 48 members voted in favour out of 58 members of the United
Nations.
e.g. :- India, China, Egypt, France, New Zealand, Pakistan, United States.
➢ Legally effect of UDHR :- The Universal declaration is not a treaty, so it does not directly
create legal obligations for countries.
International Covenant on Civil and Political Rights (ICCPR)
➢ The ICCPR is part of the International Bill of Human Rights, along with the Universal
Declaration of Human Rights (UDHR).
➢ ICCPR is monitored by the United Nations Human Right Committee.
➢ It has it’s root in the same process that led to the Universal Declaration of Human Rights.
➢ International Covenant on Civil and Political Rights was adopted on 16th December, 1966
and came into effect on 23rdMarch, 1976. The Covenant consists a preamble and 53
Articles This Covenant is divided into 6 parts Part 1,2 and 3 described the various rights
and freedoms and part 4,5 and 6 explain the implementation procedure for the effective
realization of these rights.
6 Parts of ICCPR :-
1) Part 1 (Article 1- 3 and 5) :- General, Right of people’s self determination, Equal right
of men and women.
2) Part 2 (Article 4) :- Right in Emergency
3) Part 3 (Article 6- 27) :- Substantive Rights, No one shall be arbitrary deprived of his
life., Sentence of death may be imposed only for the most serious crimes., Liberty of
Movement and freedom., Equality before law
4) Part 4 (Article 28- 45) :- They provides the procedure for the implementation of the
rights.
Which will be monitored by Human Right Committee.
5) Part 5 (Article 46- 47) :- Clarifies that the Covenant shall not be interpreted as
interfering with the operation of the United Nations or “the inherent right of all peoples
to enjoy and utilize fully and freely their natural wealth and resources”.
6) Part 6 (Article 48- 53) :-Which deals with the formalities of the ratification and
implementation of the Covenant.
Object of ICCPR :-
➢ To promote conditions within states to allow the enjoyment of Civil and Political Rights.,
To provide an effective remedy., To create binding effect.
Legal effect of the Covenant :-
➢ Article 2 says that each state parties undertakes to adopt such legislative measures within
their domestic jurisdiction as may be necessary to give effect to the rights listed in the
Covenant and Para 3 (a) of the same Article provided that they shall provide an effective
remedy if the violation has committed by persons acting in an official capacity.
International Covenant on Economic, Social and Cultural Rights (ICESCR)
➢ The ICESCR is part of the International Bill of Human Rights, along with the Universal
Declaration of Human Rights (UDHR) and The International Covenant on Civil and
Political Rights (ICCPR). The Covenant is monitored by the UN Committee on Economic,
Social and Cultural Rights. The ICESCR has it’s root in the same process that led to the
Universal Declaration of Human Rights. The first document became the International
Covenant on Civil and Political rights, and the second the International Covenant on
Economic, Social and Cultural Rights.
➢ International Covenant on Economic, Social and Cultural Rights was adopted by the United
Nations General Assembly on 16thDecember, 1966 and came into effect on 3rd January,
1976.
➢ ICESCR consists a preamble and 31 Articles, divided into following 5 parts:-
i. Part 1 (Article 1) :- Recognizes the rights of all peoples to self determination
including the right to “Freely determine their political status” pursue their
economic, social and cultural goals, and manage and dispose off their own
resources.
ii. Part 2 (Article 2-5) :-Establishes the principles of “progressive realization”. It also
requires the right be recognized without discrimination of any kind as to race,
color, sex, language, religion, political or other.
iii. Part 3 (Article 6-15) :- Lists the rights :- Work, under “just and favorable
conditions”.Right to form and join trade unions. Social security, including social
insurance. An adequate standard of living. Participation in cultural life.
iv. Part 4 (Article 16-25) :-Governs reporting and monitoring of the covenant and the
steps taken by the parties to implement it.
v. Part 5 (Article 26-31) :-Governs ratification, entry into force, and amendment of
the
covenant.

Differences between ICCPR and ICESCR

➢ ICCPR are the First Generation or FIRST class right. & ICESCR are the Second
Generation or Second class right.
➢ ICCPR get more attention. & ICESCR get less attention than ICCPR.
➢ ICCPR Talks about Civil and Political Rights & ICESCR Talks about Economic, Social
and Cultural Rights
➢ Western countries more inclined to Civil and Political rights. & Eastern countries more
inclined to economic, social and Cultural rights.
Role of Indian judiciary to protect human rights

➢ Judiciary is ultimate guardian of the human rights of the people. It not only protects the
rights enumerated in Constitution but also has recognized certain un- enumerated rights by
interpreting the fundamental rights and widened their scope.
➢ It is constitutional mandate of judiciary to protect human rights of the citizens. Supreme
Court and High Courts are empowered to take action to enforce these rights. Machinery
for redress is provided under Articles 32 and 226 of the constitution. An aggrieved person
can directly approach the Supreme Court or High Court of the concerned state for the
protection of his/her fundamental rights, redress of grievances and enjoyment of
fundamental rights. In such cases Court are empowered to issue appropriate order,
directions and writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-
Warranto and Certiorari .
➢ Supreme Court in Maneka Gandhi v. Union of India interpreted the right to life and to
widen its scope and deduced un-enumerated right such as “right to live with human
dignity”. Supreme Court propounded the theory of “emanation” to make the existence of
the fundamental right meaningful and active. Thereafter, in many cases court such as
People's Union for Civil Liberties and another v. State of Maharashtra and others, Francis
Coralie Mullin v. The Administrator, Union Territory of Delhi held that right to life
includes right to live with human dignity. Therefore, through the judicial interpretations
various rights have been recognized though they are not specifically provided in Part III of
the Constitution .
➢ There are various instances where judiciary intervened and the rights of children. In the
case of Labourers working on Salal project v. State of Jammu and Kashmir, Supreme Court
held that child below the age of 14 years cannot be employed and allowed to work in
construction process. Court has issued various directions related to child labour.
➢ Mumbai High Court in Public at large v. State of Maharashtra rescued children from flesh
trade and passed order for checking sexual slavery of children and for their rehabilitation.
Children are not only prone to sexual abuse but they are also sometimes kept as bonded
labourers as was in the case of People's Union for Civil Liberties (PUCL) v. Union of India
where the Supreme Court released child labourers and also ordered for grant of
compensation to them. Concern of the Supreme Court about the protection of rights of
children does not ended here it reiterated the importance of compulsory primary education
vis-a-vis eradication of child labour in the case of Bandhua Mukti Morcha v. Union of
India .
➢ Therefore, Judiciary is playing a crucial role in the protection of the human rights of the
people from time and again by expanding the scope of the rights and recognizing new rights
with the need of time. Judiciary has expanded the scope of right to life to include
entitlements which are vital for the enjoyment of right to life with dignity. Courts have
protected right of the people in numerous cases whether it is a right against violence in
custody, to live in a pollution free environment, right to health, right to adequate wages of
the workers, safety of the women at workplace and compensation to rape victim.