Human Rights Comparitive Table With Cases

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COMPARISION TABLE

UDHR Universal
COI ICCPR
SL.NO HUMAN RIGTHS GUARANTEED Declaration of Human
Constitution of India International Covenant on Civil and Political Rights
Rights

FUNDAMENTAL RIGHTS =CIVIL AND POLITICAL RIGTHS

Art 19, 14, Preamble &


1. Freedom, equality, dignity, brotherhood Art 1
51A

2. No discrimination 15(1) 2

Art 6 (life and human dignity) 1. Air India Statutory Corporation vs United Labour Union 2.Sunil
3. Life, Liberty, security of person 21 3 Batra vs Delhi Administration, 3. Unni Krishnan vs State of AP Art 9 (liberty and security
speedy trial) Hussainara Khatoon case and A.R.Antulay vs RS Nayak

4. Prohibition of slavery and slave trade (Forced labour) 23 4 Art 8

Art 21 as interfaced as
regards prisoners and
5. Inhuman, degrading punishment or treatment, torture 5 Art 7 1.Sunil Batra vs Delhi Administration 2.Prem Shankar Shukla vs Delhi Administation
under trials (no specific
provision)

6. Recognition as a person before law 14, 21 6

Equality before law, equal protection of laws, no


7. 14, 15, 17, 18 7 Art 26
discrimination

8. Effective remedy for violation of Fundamental rights 32, 226, 13(2) 8

Art 10 (detenu to be treated with humanity) 1.Sunil Batra vs Delhi Administration, 2.Francis
9. No arbitrary arrest, exile or detention 22 9
C Mullin vs UT of Delhi

Principles of fair public hearing by impartial tribunal


10. 50 10
natural Justice
Presumption of innocence until proved guilty in
11. public trial with all guarantees necessary for defence Judicial interpretation 11
in criminal cases
Art 21 -interpretation
by indian judiciary
12. Privacy judiciary in case like 12 Art 17
Kadak Singh vs State
of UP
Freedom of movement and residence within borders Art 19(1)(d), Art 19
13. 13 Art 12 Maneka Gandhi vs UOI
of a State (1)(e), Art 21
No specific law in India except of its tradition of
14. 14
giving refuge to people

15. Citizenship Art 5 15

16. Right to marry and found a family Art 21 & 15 16 Art 17

Right to standard of living adequate for judicial


17. Art 39(e) & Art 39(f) 25
interpretation, health of himself and of his family

18. Property Art 300A 17

19. Freedom of thought, conscience and religion Art 25 18 Art 18

20. Freedom of opinion and expression 19(1)(a) 19 Art 19

Art 19(1)(b) & Art


21. Peaceful Assembly and Association 20 Art 21
19(1)(c)

22. Work and free choice of employment Art 19(1)(g) 23

23. Education Art 21A 26

Social Security, Rest and leisure, Participation in


Art 21 Judicial
24. cultural life, right to good social and international 22, 25, 27, 28
interpretation
order

Constitution of India ICCPR Article

Judicial Interpretation in
Jolly George Verghese vs Art 11 - Freedom from imprisonment for inability to fulfill a contractual obligation
BOI

India has made a


reservation to this Art 13 -Freedom to the aliens from arbitrary expulsion
provision

M.H Hoskot vs State of


Maharashtra Art 14 - Fair trial and legal assistance
2.M.P.Vashi vs State

Art 20 Art 15 - non retroactive application of criminal law

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