Human Rights in the Indian Constitution
Human Rights in the Indian Constitution
✅ Introduction
Human rights are the basic rights and freedoms that belong to every individual regardless of nationality, sex, ethnicity, religion, language, or status. In India, these rights are constitutionally guaranteed and are closely aligned with international human rights instruments like the Universal Declaration of Human Rights (UDHR).
✅ Sources of Human Rights in India
Part III – Fundamental Rights (Articles 12 to 35)
Part IV – Directive Principles of State Policy (Articles 36 to 51)
Other Constitutional Provisions
Judicial Interpretation and Expansion
Statutory Framework – Protection of Human Rights Act, 1993
✅ I. Fundamental Rights (Part III)
These are enforceable rights and provide legal remedies for violations.
| Article | Right |
|---|---|
| Art. 14 | Equality before law and equal protection of the laws |
| Art. 15 | Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth |
| Art. 16 | Equality of opportunity in public employment |
| Art. 17 | Abolition of untouchability |
| Art. 19 | Right to freedom (speech, assembly, association, movement, residence, profession) |
| Art. 21 | Right to life and personal liberty |
| Art. 21A | Right to free and compulsory education (6–14 years) |
| Art. 22 | Protection against arbitrary arrest and detention |
| Art. 23–24 | Protection against exploitation (human trafficking, child labour) |
| Art. 25–28 | Freedom of religion |
| Art. 32 | Right to constitutional remedies (approach Supreme Court directly for enforcement of rights) |
✅ II. Directive Principles of State Policy (Part IV)
Although non-justiciable, they guide the State in ensuring social and economic justice, which are essential human rights.
| Article | Directive |
|---|---|
| Art. 38 | Promote welfare of the people and reduce inequality |
| Art. 39 | Equal pay for equal work, right to livelihood, protection of children |
| Art. 41 | Right to work, education, and public assistance |
| Art. 42 | Just and humane conditions of work and maternity relief |
| Art. 45 | Early childhood care and education |
| Art. 47 | Duty of the State to improve nutrition and public health |
✅ III. Judicial Interpretation: Expanding the Scope of Human Rights
Indian courts have interpreted Article 21 expansively to include many implied human rights, such as:
Right to privacy (K.S. Puttaswamy v. Union of India, 2017)
Right to clean environment
Right to shelter
Right to legal aid (Hussainara Khatoon case)
Right to health
Right to die with dignity (Common Cause case – passive euthanasia)
✅ IV. Protection of Human Rights Act, 1993
This Act defines “human rights” as rights relating to life, liberty, equality, and dignity guaranteed by the Constitution or international covenants.
Established the National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) for protection and promotion of human rights.
✅ V. India and International Human Rights
India is a signatory to major human rights instruments:
Universal Declaration of Human Rights (UDHR)
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
These covenants influence the interpretation and evolution of constitutional rights.
✅ Conclusion
The Indian Constitution provides a comprehensive framework for the protection of human rights, both civil-political and socio-economic in nature. Through Fundamental Rights, Directive Principles, and progressive judicial interpretation, India ensures a robust human rights regime rooted in dignity, equality, and justice.
RELATED Blog
0 comments