Human Rights

Day 1
• Human rights are moral principles or norms
for certain standards of human behaviour and
are regularly protected in municipal and
international law.
Day 2
 Nature of human rights
• Human Rights are Inalienable - Human rights
are conferred on an individual due to the very
nature of his existence. They are inherent in all
individuals irrespective of their caste, creed,
religion, sex and nationality. Human rights are
conferred to an individual even after his
death.
 Three nature of HR’
• The most common categorization of human
rights is to split them into civil and political
rights, and economic, social and cultural
rights.
 Content of HR’
• Belonging to this first generation, thus, are
rights such as those set forth in Articles 2–21
of the Universal Declaration of Human Rights,
including freedom from gender, racial, and
equivalent forms of discrimination; the right
to life, liberty, and security of the person;
freedom from slavery or involuntary servitude
 Legitimacy and Priority on HR
• conformity to the law or to rules.
• the right to proceed :
“All human beings” are born free and equal in
dignity and rights. “Everyone” is entitled to
rights without distinction of race, sex or other
status. “Everyone” has the right to food,
health, housing, education.
Day 3
 Fundamental Rights in the
Indian Constitution

•Fundamental Rights are essential

human rights that are offered to every
citi zen irrespective of caste,race, creed,place
of birth,religion or gender. These are equal
to freedom and these rights are essential
for personal good and the society at large.
 SIX FUNDAMENTAL
RIGHTS
• Right t o EQUALITY
• Right t o FREEDOM
• Right against EXPLOITATION
• Right t o freedom of RELIGION
• CULTURAL and EDUCATIONAL rights
• Right t o CONSTITUTIONAL
REMEDIES
RIGHT TO EQUALITY
 RIGHT TO EQUALITY
1. Equality before Law : - Article 14 of the Indian
constitution quarantees that all citizens shall be
equally protected by the laws of the country.
2. Social equality and equal access to public areas : -
Article 15 of the constitution states that no person
shall be discriminated on the basis of caste, colour,
language, etc. Every person shall have equal access to
public places like public parks, museums, wells,
bathing ghats, and temples etc. However the state
may make any special provision for women and
children.
 RIGHT TO EQUALITY
• Equality in matters of public employment : - Article
16 of the constitution lays down that the state
cannot discriminate against anyone in the matters of
employment . All citizens can apply for government
jobs.
• Abolition of untouchability : - Article 17 of the
constitution abolishes the practice of untouchability.
Practice of untouchability is an offense and anyone
doing so is punishable by law.
• Abolition of Titles : - Article 18 of the constitution
prohibits the state fro m conferring any titles. Citizens
of India cannot accept titles fr om a foreign state.
RIGHT TO FREEDOM
 RIGHT TO FREEDOM
ARTICLE 19 – 22
Article 19 : - says that all citizens shall have the
right
• to freedom of speech and expression.
• To assemble peacefully and without arms.
• To move freely throughout the territory of
India.
• To practice any profession or to carry on any
occupation, trade or business.
 RIGHT TO FREEDOM
Article 20( Protection in respect of conviction for offenses)
Articles 20 says that state can impose reasonable
restrictions on the groups of security of the state, Friendly
relations with foreign states, public order, recency,
morality, contempt of court , defamation, etc.
Article 21 deals with Protection of life and personal liberty.
Article 21A states that shall provide free and
Compulsory education to all children of the age
of 6 – 14 years.
Article 22 deals with protection against arrest and
detention in
RIGHT AGAINST
EXPLOITATION
 RIGHT AGAINST EXPLOITATION
Articles (23-24)
Article 23 deals with the prohibition of traffic
in human beings and forced Labour.
Article 24 deals with prohibition of
employment of children in factories etc.
RIGHT TO FREEDOM OF RELIGION
RIGHT TO FREEDOM OF RELIGION
Articles (25-28)
Article 25 deals with freedom of conscience and free
profession,practice, and propagation of religion.
Article 26 deals with Freedom to manage religious
affairs.
Article 27 deals with Freedom as to payment of
taxes for promotion of any particular religion.
Article 28 deals with freedom as to attendance at
religious instructions or religious worship in certain
educational institutions.
CULTURAL AND EDUCATIONAL
RIGHTS
 CULTURAL AND EDUCATIONAL
RIGHTS

Articles (29-30)
Article 29 deals with the protection of
language, script and culture of minorities.
Article 30 deals with the right of minorities
to establish and manage educational
institutions.
RIGHT TO CONSTITUTIONAL
REMEDIES
 RIGHT TO CONSTITUTIONAL
REMEDIES

Article32
Article 32 deals with the Right to move to the
supreme court for the enforcement of
fundamental rights including the Writs ( Habeas
corpus, mandamus, Prohibition, certiorari and
Quo warranties).
Directive Principles of State Policy
Directive Principles of State
Policy constitute the 4th part
of the constitution and are
unique and novel
Dr. B.R.Ambedkar defined the
Directive Principles: “What is
called D.P.is merely another
name for the instruments of
instructions. They are
instructions to the legislature and
the executive.
Differences between Fundamental Rights and
Directive Principles
Fundamental rights are related to
justice, that is, one can appeal to the
supreme Court of India in case on feels
that ones
F.R. are being violated by state. D.P.,
though not justiciable, are no less
important for the reason.
F.R. have negative aspects –
injunctions addressed to the
state to refrain from doing
certain acts beyond
constitutional limits fixed by
law. D.P. involves a positive
aspect-instructions
No legislation necessary for
enforcement of fundamental
right; D.P. can be
implemented only after
legislation
In case of conflict of F.R. and
D.P., the F.R. will prevail.
 The Directive Principles of State Policy, embodied in
Part IV of the constitution, are directions given to the
central and state governments to guide the
establishment of a just society in the country.
According to the constitution, the government should
keep them in mind while framing laws, even though
they are non-justiciable in nature. Directive Principles
are classified under the following categories:
Gandhian, social, economic, political, administrative,
legal, environmental, protection of monuments,
peace and security.
 Article 36 to 51 of the Constituions of India embodies
the Directive Principles of State policy and for these
we are indebted to the Constitution of Ireland. The
objective is to establish a social and économico
democracy in India
 Article 37 reveals That :
1. The Directive Principles are not justiciable
2. They are Fundamental in the governance of the
country
3. It shall be the duty of the State to apply these
Directive Principles while formulating policies
or making laws for the governance of the State
Socialist Principles
Liberal Principles
 Gandhian Principles
 International principles
 Article 38 of the Constitution of India shall endeavour
to formulate such social system which will secure
social, economic and political justice to all in all the
spheres of life.
 Article39(a) the state shall try to formulate its
policyin such a manner so as to secure adequate
means of livelihood for all its citizens.
 Article39(b) the ownership of material resources
would be controlled in such a manner so as to
subserve the common good.
 Article 39(c) the economy of the state will be
administered in such a manner so that wealth may not
yet be concentrated in a few hands and the means of
production may not be used against the public
interest.
 Article 41 of the Indian Constitution of the State will
work within the limits of its economic viability and
progress, provide to the citizens the right to work, the
right to education and general assistance in the
event of unemployment, old age, disease and other
disabilities.
 Article42 of the Indian Constitution the state will
make provisions for the creation of just and humane
conditions of work. It will also ensure maternity relief.
 Artcle 43 of the Indian Constitution the state will
ensure adequate wages, good life and rest to the
labourers. The state will also endeavour to
make available to the labourers various socio-
cultural facilities.
 Artcle44 of the Indian Constitution? The State shall
endeavour to formulate and implement a Uniform
civile-code for all the people livingthroughout the
territory of India.
 Artcle45 of the Indian Constitution the State shall
endeavour to provide early childhood care and
education for all the children untill they complete the
age of six years.
 Artcle 47 of the Indian Constitution the State shall
strive to raise the level of nutrition and the standard
of living. Thus, it will endeavour to improve upon
the health of the people.
 Artcle48 of the Indian Constitution, the State shall
strive to organise agriculture and husbandary on
modern and scientific lines. It will also try to maintain
and improve upon the breed of the animals.
 Article 50 of the Indian Constitution the state will
try to separate the judiciary from the executive in
the case of public service.
 Article 40, State will strive to organise Panchayats in
villages and will endow them with such powers which
enabel them to act as units of self government.
 Article
43, the state shall strive to develop the cottage
industry in the rural areas both, on individual or co-
operative basis.
 Article 47,the state will strive to ban the consumption
of wine, other intoxicating drinks and all such
commodities which are considered injurious to
health.
 Article 48 reveals that State will ban slaughtering
Article
51(a)- The State will strive to promote
international peace and security.
Article 51(b)- The State will strive to
maintain just and- honourable relations
among various states in the world.
 Article
51(c)- The State will endeavour to promote
respect for International treaties, agreements,
and law.
 Article
51(f)- The State will strive to settle
international disputes by arbitration.
 1. These are Non-justiciable
2. Not more than moral principles
3. No proper classification is done
4. Some Directive Principles are not practicable
5. These are foreign in nature
6. Against the principle of State Sovereignity
7. It is illogical to include these princciples in the
constitution
8. These are responsible for Constitutional
conflicts
1. These Principles are directives for the States
2. Lay down the foundati on of Economic Democracy
3. These are measuringf rods to judge the achievements of the
Government
4. They establish welfare state
5. These are Fundamental in the Governance of the country.
6. These Principles supplement Fundamental rights
7. Guiding Principles for courts

8. They bring stability and continuity in

State policies
 Constitution itself
 Public opinion
 Utility of Directive principles
 Constitutional amendments
Laws made by the government
Executive orders