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Table of Contents
1. Introduction
Introduction
The history of human rights can be traced thousand years ago from the various legal,
cultural, religious and society development the world have gone through. There is
proof of human rights evolving in various regimes. For example, during the time of
Prophet Mohammed, he formulated Constitution of Medina in 622, and Magna Carta,
1215 which helped in the formation of various constitutional rights in UK, USA and
France. This is the origin of human rights. But these rights did not receive much
importance and were violated multiple times because countries and rulers were more
into conquering places and establishing their power. Such acts of the existing
countries resulted in the World Wars. The International organisations such as League
of Nations in 1919 helped in ending WWI but it failed to stop WWII. United Nations
Organisations (UNO) established in 1945 helped in bringing peace which eventually
led to an end of WWII. Later, UNO worked for the worldwide development of rights
which was known as Human rights.
guaranteed under Part III (Articles 12-35) of the Constitution of India. There are six
fundamental rights recognised by the Indian constitution:
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COVENANT OF CIVIL
FUNDAMENTAL
ARTICLE AND POLITICAL
RIGHTS
RIGHTS
Prohibition on discrimination on
grounds of religion, race, caste, Article 15 Article 18
sex or place of birth.
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The Preamble to the Constitution pledges justice, social, economic and political,
liberty of thought, expression, belief, faith and worship, equality of status and of
opportunity and fraternity assuring the dignity of the individual and the unity and
integrity of the nation to aid its citizens. Fundamental Rights – enshrined in Part III of
the Constitution have emerged from the doctrine of natural rights. Fundamental
Rights are the modern name for what have been traditionally known as Natural Rights.
The Natural Rights transformed into fundamen- tal rights operate as a constitutional
limitation or a restriction on the powers of the organs set up by the Constitution or
the State action. Judicial Review, Justiciability or Enforcement became an insepa- rable
concomitant of fundamental rights. As no right of freedom can be absolute,
limitations have been imposed to each fundamen- tal right in the interest of securing
social justice. Enforcement of fundamental rights can even be suspended or prevented
in an emergency.
entitlements. It is, in a sense, to treat them as if they are less than human and
undeserving of respect and dignity.
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Case Laws
The following cases highlight few instances where human rights were the base for
f l ti l d k d i i It i t
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formulating landmark decisions. It is necessary to protect the rights of women,
transgender, LGBTQ, etc. The legal world should meet the needs and demand of public
accordingly as the world is not static.
This is a landmark case that highlighted the concept of Right to Life. This case is about
the escape of Oleum gas from Shriram Food and Fertilisers Ltd at Delhi. This case got
its momentum because it happened after one year of Bhopal Gas Tragedy and it was
the need of the hour to formulate a new law so that none of them escapes liability.
Hence, absolute liability was established. This extended also the scope of Article 21
and Article 32.
In this case, regulations 46 and 47 of the Air India Employees Service Regulations were
challenged. These Service Regulations created major differences in the salaries and
designation of male and female in-flight cabin crew. The male cabin crew were
referred to as “Air Flight Pursers” and the female cabin crew as Air Hostesses.
According to Regulation 46, Flight Pursers have a retirement age of 58 years. Air
Hostesses were required to retire on the grounds of marriage, first pregnancy or 35
years of age, whichever occurred earlier. According to Regulation 47, it was under the
discretion of the Managing Director to extend a person’s job. Such regulations were
violative of Article 14, 15(1) and 16(2)
A PIL was filed before the Court by Naz for the Rights of LGBTs because sexual acts
between same sex were considered to be an offence under Sec 377 of IPC. Naz
considered this as violative of Article 14, 15, 19 and 21 of the constitution. This case
was filed due to the continued discrimination of the gay and transgender community
in India. Here, the Court stated that the part which decriminalised consensual
homosex was unconstitutional and stressed upon the importance of upholding the
values of equality, tolerance and inclusiveness in Indian Society. But this judgment was
overruled in 2013 by the Supreme Court of India.
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This is a landmark decision where the Supreme declared transgender people as the
‘third gender’. Transgender will also be able to enjoy the fundamental rights granted
under the Constitution of India and gave them the right to self-identification of their
gender as male, female or third gender. Moreover, the court also held that
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This case finally settled the position of Sec.377 and stated that this section is violative
of the rights enshrined under Article 14, 15, 19 and 21. This case decriminalised
consensual sex between consenting adults.
A writ petition was filed under Article 32 challenging the constitutional validity of
Section 497 of IPC read with Section 198 of CrPC being violative of Article 14, 15 and
21.
Authors- Silpa Ann Koshy (kristu jayanti law college) & Allapureddy vaishnavi (ICFAI
foundation for higher education)
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