HUMAN RIGHTS IN INDIA: ITS PRESENT STATUS, POSITIONS,

CASE OF VIOLATIONS AND SOME REMEDIAL MEASURES

AKSHAY THAKUR

INTRODUCTION:

Human rights are commonly understood as inalienable fundametal rights to which a

person is inheretly entitled he or she is a human being. human rights are thus
conceived as universal (applicable everywhere) and egalitarian (the same for
everyone). these rights may exist as natural rights or as legal rights i local, regional
and interatioal law. Human rights are legally guarateed a set of inding treaties ad
conventions. they cover civil political, economic, social and cultural rights. All
human rights are uiversal, interpendent, iter-related and idivisble.

The first major iternational human rights document was the uiversal declaration
of human rights(1948) This document laid out all of the basic rights ad freedom.
However, this is a non-binding declaration. In other words, although it can be used to
explain the foudation of human rights priciples, the articles in the UDHR are not
legally enforceale. Member states could not come to consensus on the document,
so, rather than have the whole thing collapse, the international community decided to
split the document into two halves to ensure that each would gather the nescessary
signatures to come into force. The divide was simple-countries in the west wanted
civil and political rights and were not as in favour of economic, social, and cultural
rights, while countries in the east favoured economic, social and cultural rights and
would not sign legally binding treaties for civil and political rights. Hence two
separate treaties were created in 1966, the international covenant on Economic,social
and cultural rights (ICESCR) and the International Covenant on Civil and Political
Rights (ICCPR).