UNIT 3(a): FUNDAMENTAL RIGHTS AND HUMAN RIGHTS

WHAT ARE HUMAN RIGHTS?

Human beings are rational beings. They by virtue of their being human possess certain basic
and inalienable rights which are commonly known as human rights. Human rights are not
conferred by any ruler, constitution or statute. A human being is born with human rights.
These rights are essential for all individuals as they are consonant with their freedom and
dignity and are conducive to physical, moral, and spiritual, welfare. Because of its immense
significance to human beings, human rights are also called fundamental rights. As
fundamental or basic rights, they are those which must not be taken away by any legislature
or any act of government and which are often set out in a constitution. As natural rights, they
are seen as belonging to men and women by their very nature. Another way to describe them
would be to call them ‘common rights’, for they are rights that all men and women in the
world should share.
WHAT ARE FUNDAMENTAL RIGHTS?
Fundamental Rights are preserved in our constitution and they are enforceable in the court of
law. If there is any kind of violation of the right of the individual, the concerned person can
go to the court for the protection of their right that is how they are known as Fundamental
Rights. Rule of law applies in case of Fundamental Rights i.e., it applies to all the people
equally. Here people are not been discriminated on the basis of their caste, religion, gender,
race, origin, etc. It ensures that citizens of the country must have civil liberty, so that all the
citizens of the country can lead their life as per their wants.
DEFINITION OF HUMAN RIGHT AND FUNDAMENTAL RIGHT
 Human Rights: Section 2(1)(d) of the Protection of Human Rights Act, 1993 defines the
words "Human Rights" as under: "Human Rights" means the rights relating to life,
equality, and dignity of the individual guaranteed by the Constitution or embodied in the
International Covenants and enforceable by courts in India."

 Fundamental rights: Fundamental Rights are defined as, The Rights that ensure the civil
liberty of the citizens of the country, irrespective of their race, caste gender, place of birth
or religion and allows the citizens of the country to lead their life as per their wants are
known as fundamental rights

UNIVERSAL DECLARATION OF HUMAN RIGHTS

With the declaration of human rights on December 10, 1948, India became one of the
signatory countries of the world that have made a commitment to respect and protect the
human rights declared and accepted by the United Nations Organizations. The UNO had
required the signatory countries to incorporate the universally acknowledged human rights in
their Constitutions and domestic laws. India is a signatory to these UNO Declarations of
human rights, incorporating human rights as fundamental rights in the Indian Constitution
enforceable since January 26, 1950.
HUMAN RIGHTS GUARANTEED UNDER UDHR
The UDHR enumerated the basic postulates and principles of Human Rights in a more
comprehensive manner. It consists of a preamble and 30 articles (the first two articles are
general in nature) covering both ‘civil and political rights’ and ‘economic and cultural right’
Some of the Human Rights Given by UDHR are Explained Below:
 Article 1 – Right to Equality
 Article 2 – Freedom from Discrimination
Every individual on this planet is entitled to all the rights and freedoms written in the
Declaration irrespective of their color, gender, language, religion, nationality or social origin,
place of birth, or other status.
 Article 3 – Right to Life, Liberty and Personal Security
Every person should have the right to life, liberty and their personal security.
 Article 4 – Freedom from slavery
No one should be treated like someone actually owns the person like a piece of property.
 Article 5 - Freedom from Torture and Degrading Treatment
No one shall be subjected to torture, inhuman treatment or punishment.
 Article 6 - Right to Recognition as a Person before the Law
Everyone has the right to be recognized everywhere as a person before law.
 Article 10 - Right to Fair Public Hearing
Everyone is entitled to a fair public hearing in an impartial court of law.
 Article 11 - Right to be Considered Innocent until Proven Guilty
The person charged with penal offense must be considered innocent until the person is proven
guilty.
 Article- 12- Right to privacy
No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence, nor to attack upon his honor and reputation
 Article 16 - Right to Marriage and Family
Men and women without any discrimination have the right to marry and found a family. The
marriage of the spouses must include their free consent to the marriage.
 Article 26 - Right to Education
Each and every person has a right to education and at least elementary education shall be
given for free. Etc.
FUNDAMENTAL RIGHTS GUARANTEED UNDER INDIAN CONSTITUTION
Constitution of India was adopted on 26th of November 1949 but came in force on 26th of
January 1950. The fundamental rights of the citizens guarantee, that they will live an
amicable life as long as they reside in the country.
Indian Constitution Consists Of the following Fundamental Rights:
1. Right to Equality (Article 14 - Article 18)
 Article 14 - Every person must be treated equally before law.
 Article 15 – Every person should be treated equally irrespective of their religion, race,
caste, gender or place of birth.
 Article 16 - There should be equality in case of public employment opportunities.
 Article 17 - Abolition of untouchability.
 Article 18 - Abolition of titles.

2. Right to Freedom (Articles 19 – Article 22)

 Article 19 - Protection of rights including freedom of speech.
 Article 20 - Protection in respect of conviction for offenses.
 Article 21 - Protection of life and personal liberty.
 Article 22 - It deals with protection against arrest and detention in certain cases.

3. Right against Exploitation (Articles 23 – Article 24)

 Article 23 - Prohibition of trafficking and forced labor.
 Article 24 - Prohibition of employment of children in factories.

4. Right to Religion (Articles 25 – Article 28)

 Article 25 - Freedom to practice any religion.
 Article 26 - Freedom to manage religious affairs.
 Article 27 -A person should not be forced to pay for taxes for the promotion of any
particular religion.
 Article 28 - A person should not be forced for religious worship in certain education
institutions run by government.

5. Right to Culture and Education (Articles 29 – Article 30)

 Article 29 - Prevent the interests of minorities.
 Article 30 - Right of minorities to set up and oversee educational institutes.

6. Right to Constitutional Remedies (Article 32)

PROVISIONS OF UDHR CONTAINED IN CONSTITUTION OF INDIA
Provisions of Universal Declaration of Human Rights along with corresponding provisions in
Constitution of India are as follows

BRIEF DESCRIPTION UDHR CONSTITUTION OF

OF THE PROVISION INDIA

Equality and equal

protection before law Article 7 Article 14

Remedies for violation of

Fundamental Rights Article 8 Article 32

Right to Life and personal

liberty Article 9 Article 21

Protection in respect for

conviction of offences Article 11(2) Article 20(1)

Right to property Article 17 Earlier a fundamental right

under article 31

Right to freedom of
conscience and to practice,
profess and propagate any Article 18 Article25(1)
religion

Freedom of speech Article 19 Article19(1)(a)

 Equality in opportunity of Article 21(2) Article 16(1)
public service

Right to education Article 26(1) Article 21 A

Protection of minorities Article 22 Article 29(1)

SIMILARITIES BETWEEN HUMAN RIGHTS AND FUNDAMENTAL RIGHTS

 Both human rights and fundamental rights aim at protecting the individuals’ interests and
work towards the formation of a peaceful environment.

 Both human rights and fundamental rights can be enforced by the law of the country but
fundamental rights cannot be enforced by the international authorities.

 Both work in a positive direction as one promotes fairness, equality, freedom, and respect
for the people whereas another ensures the civil liberty of the citizens.

DIFFERENCES BETWEEN HUMAN RIGHTS AND FUNDAMENTAL RIGHTS

BASIS FOR HUMAN RIGHTS FUNDAMENTAL

DIFFERENCES RIGHTS

Basic rights of the people that The Rights that ensures the
Meaning promote fairness, equality, civil liberty of the citizens i.e.
freedom and respect for all the to lead their life as per their
people. wants.

These are universal i.e. These are country specific i.e.

Scope accepted all over the globe. only exist for the people of a
particular country.
 These are guarded These are guarded by the
Guarded By internationally as they are constitution as they are
universally accepted. country-specific

Enforcement Authority Enforced by the organization Enforced by the law of specific

of the United Nations. country.