Human Rights in India
Find Human Rights expert lawyer in India.
What are Human Rights?
What are the constitutional provisions of Human Rights?
What areas are covered by the Human Rights?
Vidhikarya will help you find a most suitable lawyer, for you in your city, who will be able to answer all your Human Rights related queries and also guide you on how to resolve this matter with ease.
About the Human Rights
Human rights are the inalienable fundamental rights to the very aspect of distinguishing a human from other animals. These rights are indispensable to the value of humanity.
The Founding Fathers of the Indian Constitution had a vision of the Indian society, which they acknowledged through the Constitution. That vision was principally reflected in the Preamble, the sections on Fundamental Rights and Directive Principles of State Policy is the result of human rights development in the nation. It is the obligation of the State to ensure what is said in the Constitution. However, the stunning confirmation that the State is itself the guilty party, as indicated by Mr. J.S. Verma, the previous executive of the NHRC. As indicated by an announcement made by him on Jan. 15, 2003: It is frequently the State which is violator of Human Rights in most extreme cases in the nation. In any case, the most extreme obligation to ensure and shield the privileges of its natives likewise lies with the State
India became independent a year before the Universal Declaration of Human Rights. The specialised statue for the purpose of upholding human rights in India is the Human Rights Act 1993. Apart from this statute, other provisions and principles are also applicable, some of the basic human rights are recognised in the Indian Constitution as fundamental rights.
Dr. Justice Durga Das Basu defined human rights as those minimal rights which every individual must have against the State, or other public authority, by virtue of his being a ‘member of human family’ irrespective of any consideration.
Some examples of the Constitutional provisions safeguarding the human rights in India can be Article 19 which provides for basic freedoms. Then Article 21 which provides the right to life, and so on. Article 32 is particularly very important. Article 32 provides for the Constitutional Remedies, under which, one can move the Supreme Court for the enforcement of the Fundamental Rights and this provision itself is made one of the Fundamental rights.
India also follows certain international convention, treaties, and guidelines to safeguard Human Rights.
Some important areas under Human Rights law
The Supreme court decided these areas in favour of Human rights:
1. Constitution Rights
2. Child Labour
3. Gender Based violence and Sexual Harassment
4. Literate Candidates in Panchayat
5. Recognizing the third gender - Transgender
6. Illegal Mining
7. Equal Guardianship rights for mothers and fathers
8. Striking down 66A of the Information Technology Act which was against the Constitution.