Fundamental Rights and Human Rights:

By tejas gs

 ABBS School of Law

Introduction

Imagine a situation where a person is denied an opportunity because of their religion, a worker is treated unfairly, or someone is arrested without following the proper legal procedure. What protects these people from injustice?

Two important concepts help us understand these issues: Fundamental Rights and Human Rights.

Although these terms are often used together, they are not exactly the same. Human rights belong to people because they are human beings, while Fundamental Rights are rights specifically guaranteed by a country's Constitution. In India, Fundamental Rights are mainly provided under Part III of the Constitution.

Understanding these rights is important for every citizen, especially law students, because they form the foundation of equality, liberty, dignity and justice in society.

In this blog, let us understand what Fundamental Rights and Human Rights mean, how they differ, and how Indian courts have helped protect them.

1. What Are Fundamental Rights?

Fundamental Rights are basic rights guaranteed by the Constitution to protect individuals against certain forms of interference, particularly by the State.

In India, these rights are mainly contained in Part III of the Constitution, from Articles 12 to 35.

They are called "fundamental" because they are essential to protecting individual freedom and maintaining a democratic society.

For example, imagine that a public authority refuses to provide a service to a person solely because of their religion, in circumstances where such discrimination is constitutionally prohibited. The affected person may be able to challenge that action under the relevant constitutional provisions.

Fundamental Rights are legally enforceable. A person whose rights have been violated may approach the courts for appropriate relief, subject to the applicable legal requirements.

Important Features of Fundamental Rights

They are guaranteed by the Constitution.

They protect individual liberty, equality and dignity.

Some rights are available to all persons, while others are specifically available to citizens.

They are enforceable through constitutional remedies.

Some rights are subject to reasonable restrictions or other constitutional limitations.

They place important limits on the powers of the State.

Fundamental Rights are not unlimited. Their scope depends on the particular constitutional provision and the circumstances of the case.

2. What Are Human Rights?

Human rights are basic rights and freedoms that belong to every human being, regardless of nationality, religion, caste, sex or social background.

The idea behind human rights is simple: every person deserves to be treated with dignity and respect.

Human rights are recognised through international instruments, national constitutions and laws.

An important international document in this area is the Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly on 10 December 1948.

The Declaration recognises a wide range of rights, including equality, liberty, education, work, freedom of expression and protection against torture.

For example, every person deserves protection against torture and cruel treatment. This principle remains important regardless of a person's nationality or social position.

Human rights also influence how governments make laws, how courts interpret legal provisions and how societies respond to discrimination and injustice.

3. What Is the Difference Between Fundamental Rights and Human Rights?

Fundamental Rights and Human Rights are closely connected, but there are important differences.

Fundamental Rights are rights guaranteed by a country's Constitution. Their precise scope and enforcement depend on the constitutional provisions.

Human Rights are broader rights and freedoms associated with every human being. They are recognised through international human rights standards, constitutions and domestic.

4. Fundamental Rights Under the Indian Constitution

Part III of the Indian Constitution contains several important categories of Fundamental Rights.

A. Right to Equality — Articles 14 to 18

The Right to Equality aims to prevent arbitrary treatment and prohibited forms of discrimination.

Article 14: Guarantees equality before the law and equal protection of the laws.

Article 15: Prohibits specified forms of discrimination by the State on grounds including religion, race, caste, sex and place of birth, subject to the constitutional framework.

Article 16: Guarantees equality of opportunity in matters of public employment, subject to the Constitution.

Article 17: Abolishes untouchability and forbids its practice.

Article 18: Abolishes titles, subject to the exceptions recognised by the Constitution.

For example, a government authority cannot arbitrarily treat similarly situated people differently without a legally and constitutionally valid basis.

These provisions play an important role in promoting equality and preventing discrimination.

B. Right to Freedom — Articles 19 to 22

The Right to Freedom protects important aspects of individual liberty.

Article 19: Guarantees specified freedoms to Indian citizens, including freedom of speech and expression, peaceful assembly, association, movement, residence and profession, subject to constitutional restrictions.

Article 20: Provides important protections in criminal matters.

Article 21: Protects life and personal liberty.

Article 21A: Provides for free and compulsory education for children between six and fourteen years of age, in accordance with law.

Article 22: Provides safeguards concerning arrest and detention, subject to its terms and exceptions.

For example, freedom of speech allows people to express opinions, but it is not an unlimited right. Restrictions may be imposed only within the constitutional framework.

C. Right Against Exploitation — Articles 23 and 24

These provisions protect people against certain forms of exploitation.

Article 23: Prohibits trafficking in human beings, begar and other similar forms of forced labour.

Article 24: Prohibits the employment of children below fourteen years of age in factories, mines and other hazardous employment covered by the provision.

For example, forcing a person to work without freedom to leave may raise serious legal issues under Article 23.

These provisions reflect the constitutional commitment to human dignity and protection against exploitation.

D. Right to Freedom of Religion — Articles 25 to 28

India is a secular country, and its Constitution protects freedom of religion.

Article 25: Protects freedom of conscience and the right freely to profess, practise and propagate religion, subject to the constitutional limitations stated in the provision.

Articles 26 to 28: Address other aspects of religious freedom, including the management of religious affairs and certain rules concerning religious instruction.

For example, individuals generally have the freedom to follow their religious beliefs, subject to public order, morality, health and the other constitutional limitations that apply.

E. Cultural and Educational Rights — Articles 29 and 30

These rights protect important cultural and educational interests, particularly those of minorities.

Article 29: Protects specified cultural and educational interests, including the right of a section of citizens with a distinct language, script or culture to conserve it.

Article 30: Protects the right of religious and linguistic minorities to establish and administer educational institutions of their choice, subject to the applicable constitutional framework.

These provisions help protect India's cultural and linguistic diversity.

F. Right to Constitutional Remedies — Article 32

Fundamental Rights would be much less effective if people had no way to enforce them.

Article 32 allows individuals to approach the Supreme Court for the enforcement of Fundamental Rights.

The Supreme Court may issue appropriate writs, including:

Habeas Corpus: Used to challenge unlawful detention.

Mandamus: Directs a public authority to perform a public duty when the legal requirements are satisfied.

Prohibition: Prevents a lower court or tribunal from proceeding beyond its jurisdiction.

Certiorari: May be used to quash an order of a lower court or tribunal on recognised legal grounds.

Quo Warranto: Questions the legal authority of a person to hold a public office.

Article 226 also empowers High Courts to issue writs for the enforcement of Fundamental Rights and for other purposes, subject to its scope and legal requirements.

These remedies are essential for protecting constitutional rights in practice.

5. Important Human Rights Recognised Internationally

Human rights are not limited to the rights expressly listed in the Indian Constitution. International human rights standards also recognise important protections.

A. Right to Life and Liberty

Article 3 of the Universal Declaration of Human Rights recognises the right to life, liberty and security of person.

This principle reflects the importance of protecting people from unlawful violence and arbitrary interference with their freedom.

B. Equality and Freedom from Discrimination

Articles 1, 2 and 7 of the Universal Declaration of Human Rights recognise human equality, non-discrimination and equality before the law.

These principles are closely connected with Articles 14 to 18 of the Indian Constitution.

C. Freedom from Torture

Article 5 of the Universal Declaration of Human Rights states that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

This principle is particularly important when examining the treatment of prisoners and people in police custody.

D. Right to Education

Article 26 of the Universal Declaration of Human Rights recognises the right to education.

In India, Article 21A specifically guarantees free and compulsory education for children between six and fourteen years of age, in accordance with law.

E. Right to Work and Fair Conditions

Article 23 of the Universal Declaration of Human Rights recognises rights relating to work, free choice of employment, just and favourable working conditions and protection against unemployment.

These principles are relevant when studying labour law and the protection of workers.

The UDHR is a declaration rather than a treaty. Its provisions are influential in international human rights law, but their legal enforceability depends on the relevant legal framework.

6. Landmark Indian Judgments Relating to Fundamental Rights and Human Rights

Indian courts have played an important role in protecting constitutional rights and interpreting them in light of human dignity and liberty.

A. Kesavananda Bharati v. State of Kerala (1973)

Citation: (1973) 4 SCC 225

This landmark case concerned the extent of Parliament's power to amend the Constitution.

The Supreme Court held that Parliament's power to amend the Constitution does not extend to destroying its basic structure.

The judgment established the Basic Structure Doctrine.

Importance: The case is important because it protects the fundamental constitutional framework, including principles such as constitutional supremacy and the rule of law.

B. Maneka Gandhi v. Union of India (1978)

Citation: (1978) 1 SCC 248

This case concerned the impounding of Maneka Gandhi's passport.

The Supreme Court held that a procedure affecting personal liberty must be fair, just and reasonable. It cannot be arbitrary, oppressive or unreasonable.

Importance: The judgment significantly expanded the interpretation of Article 21 and strengthened the protection of personal liberty.

It also demonstrated the close relationship between Articles 14, 19 and 21.

C. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)

Citation: (2017) 10 SCC 1

A nine-judge Constitution Bench of the Supreme Court unanimously recognised the right to privacy as a Fundamental Right under the Constitution.

The Court discussed the relationship between privacy, dignity, liberty and personal autonomy.

Importance: This judgment is particularly relevant in the modern digital world, where personal information is collected and processed through websites, applications and other technologies.

D. National Legal Services Authority v. Union of India (2014)

Citation: (2014) 5 SCC 438

This case concerned the recognition of transgender persons and their constitutional rights.

The Supreme Court recognised the right of transgender persons to self-identify their gender and discussed protections arising under the Constitution, including Articles 14, 15, 16, 19 and 21.

Importance: The judgment is significant for equality, dignity and protection against discrimination.

It demonstrates how constitutional rights can help protect people from marginalisation and exclusion.

7. How Are Human Rights Protected in India?

Human rights protection in India involves several institutions and legal mechanisms.

A. Constitutional Courts

The Supreme Court and High Courts can protect enforceable constitutional rights through their respective jurisdictions.

Articles 32 and 226 are especially important because they allow people to seek judicial remedies.

B. National Human Rights Commission

The National Human Rights Commission (NHRC) was established under the Protection of Human Rights Act, 1993.

Its functions include inquiring into certain complaints involving human rights violations, intervening in relevant judicial proceedings with the court's approval, and reviewing safeguards for human rights within its statutory mandate.

The Commission's powers and procedures are governed by the applicable legislation.

C. National and State Legal Services Authorities

Legal services institutions help eligible persons obtain legal assistance.

They are important because a person who cannot afford a lawyer may otherwise struggle to enforce their rights.

D. Legislation and Public Institutions

Parliament and State Legislatures enact laws that protect different rights. Public authorities are also required to act within the Constitution and applicable legislation.

For example, laws addressing forced labour, child protection, workplace conditions and discrimination may help protect human rights in specific situations.

These mechanisms show that protecting rights requires more than recognising them on paper. People must also have access to effective legal remedies.

8. What Happens When Fundamental Rights Are Violated?

When a Fundamental Right is violated, the appropriate remedy depends on the facts, the right involved and the authority responsible.

For example, suppose a public authority unlawfully detains a person.

The affected person or someone acting on their behalf may approach the appropriate High Court under Article 226 or the Supreme Court under Article 32 for a suitable constitutional remedy.

In another situation, if a person faces unlawful discrimination in public employment, Article 16 and other relevant legal provisions may become important.

Not every dispute involving unfair treatment automatically amounts to a violation of a Fundamental Right. The facts and applicable law must be examined carefully.

This is why legal advice and proper identification of the relevant constitutional provision are important.

9. Why Should Law Students Study Fundamental Rights and Human Rights?

For law students, these subjects are important because they connect constitutional principles with real legal problems.

They also provide a foundation for understanding several other areas of law, including criminal law, labour law, family law, administrative law and international law.

For example, studying Article 21 helps students understand personal liberty and custodial safeguards. Studying Articles 14 and 15 helps explain equality and discrimination. Human rights standards provide a wider perspective on dignity and freedom.

These subjects also develop important legal skills, such as interpreting legislation, analysing judgments and identifying appropriate remedies.

Most importantly, they remind future lawyers that the legal system is not only concerned with rules and procedures. It must also protect people against unlawful treatment and provide meaningful access to justice.

Conclusion

Fundamental Rights and Human Rights are essential to a society based on justice, equality and human dignity.

Fundamental Rights provide constitutional protection and legal remedies within the Indian legal system. Human rights express broader principles of dignity and freedom that are recognised through international standards, national constitutions and domestic laws.

Although the two concepts are not identical, they often support the same values. The Indian Constitution, judicial decisions and human rights institutions all contribute to protecting these values.

In my understanding, the real importance of rights lies not simply in their recognition but in their effective protection. A right becomes meaningful when people can rely on the law to challenge injustice and seek appropriate remedies.

As law students, we should understand these rights not only for examinations but also because they form an important part of our responsibility to uphold the rule of law and protect human dignity.

About the Author

Tejas gs  is a third-year B.B.A. LL.B. student at ABBS School of Law, currently pursuing the fifth semester of the five-year integrated law programme. His academic interests include Constitutional Law, Criminal Law, Family Law and Contract Law. He is interested in legal research, analysing landmark judgments and developing his legal writing skills through academic articles and legal blogs.