AMEX LAW COLLEGE

3-Year LL.B. (Hons.), Semester-II(Session: 2021-22)

Project Work On:

“Human Rights are Fundamental Rights…”

Under the Supervision of –Prof.Maitrayee Nandy

SUBMITTED BY – AZAD MONDAL,

UNIVERSITY ROLL NO – 201271020014,
COLLEGE ROLL NUMBER – ALC/2021-03/14.

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 ACKNOWLEDGEMENT

I am really grateful to my supervisor Prof.Maitrayee Nandy for guiding me in

completing this wonderful project work on “Human Rights are Fundamental
Rights…” without his continuous support this project work could not have been
completed within the scheduled time.
I am also thankful to our Principal Prof. Imroj Ahamed for his constant
inspiration and academic support made available to us through arrangement of
online classes even during the COVID-19 pandemic.
I express my sincere gratitude and indebtedness also to all other respected
teachers of our college for imparting academic guidance through online classes
regularly as well as via phone call, E-mail etc.
I must also record my gratitude to my classmates who have always been so
cooperative through discussion on academic matters via mobile phone, WhatsApp,
email etc. during the hard time of Corona Virus. The office staff of the college also
deserve my cordial thanks as they have always been helpful to respond to any
official query.

Thanks:
-- AZAD MONDAL

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 CONTENTS

SR. NO. PARTICULARS PAGE

a) Abstract 4,

b) Introduction 5,

c) Human Rights 5,

Human Rights under the Indian Constitution:

d) 6,

e) Fundamental Rights : 6,7,

f) “Human Rights are Fundamental Rights…” 7,8,

g) Conclusion 8,

h) BIBLIOGRAPHY 9.

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 ABSTRACT
Fundamental Rights are the rights and freedom as a part of the constitution that is
protected by the constitution of India which is recommended by the Government of
India and the Indian parliament which enacted to its citizen of people. In
Emergency situation, these rights are banned by the presidents of India at
Emergency period and all the people that fall under the jurisdiction of the
constitution are granted these rights without presumption or cost of privilege.
Basically, these are the rights that are awarded to all citizens as per the legal
system of the country without any conditions. These rights and freedom are
enjoyed by the citizen of country into the certain determination of boundary.
Human Rights are the rights that all global men and women should have. These
are the most basics rights that protect a human from inhuman behavior of other
humans. There are some rights that are considered universally to be fundamental
and essential to live their fulfilment of needs for physical, mental and emotional
protection. These rights are more helpful to the survival of every human being in
this earth.

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  Introduction:

These rights are essential for all the human being living at life spanning period to
his/ her sustainable developments and growths and harmonious living with other
neighborhoods in the world. These rights insist the United Nations and their
organization. Every Member of the united national countries is compulsorily
concerned with human rights for good living of citizenships in its. Those countries
determine to follow by the direction of the above organizations because every
citizen is belonging to the world that means every human being is a global
citizenship apart from citizenship of his/ her country. Violation of human rights
could make the revolution and wars and conflicts for the purpose of human beings
sustainability in some countries since the past periods.

 Human Rights:

Every person has dignity and value. One of the ways that we recognise the
fundamental worth of every person is by acknowledging and respecting their
human rights.

Human rights are a set of principles concerned with equality and fairness. They
recognise our freedom to make choices about our lives and to develop our
potential as human beings. They are about living a life free from fear, harassment
or discrimination.

Human rights can broadly be defined as a number of basic rights that people from
around the world have agreed are essential. These include the right to life, the
right to a fair trial, freedom from torture and other cruel and inhuman treatment,
freedom of speech, freedom of religion, and the rights to health, education and an
adequate standard of living.

These human rights are the same for all people everywhere – men and women,
young and old, rich and poor, regardless of our background, where we live, what
we think or what we believe. This is what makes human rights ‘universal’.

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  Human Rights under the Indian Constitution:

The Human rights which are classified under the Indian constitution are as
follows:

 The right to equality and freedom from discrimination.

 The right to life, liberty, and personal security.
 Freedom from torture and degrading treatment.
 The right to equality before the law.
 The right to a fair trial.
 The right to privacy.
 Freedom of belief and religion.
 Freedom of opinion.
 Right of peaceful assembly and association.
 The right to participate in government.
 The right to social security.
 The right to work.
 The right to an adequate standard of living.
 The right to education.
 The right to health.
 The right to food and housing.

 Fundamental Rights :

For a fundamental right to exist there must be human rights. Fundamental rights
are those rights that are provided by some countries to their citizens to enjoy.
These rights have a legal sanction. These rights can also be challenged in a court
of law. Fundamental rights are equal to human rights but there is a small line of
difference between both fundamental rights and human rights. The basic difference
is that the fundamental rights have legal sanctity and they can be challenged in a
court of law in case of violation but human rights are not recognized by the law so
they can’t be challenged in a court of law. The basic human rights enshrined in the
Constitution of India, which are granted to all people, are fundamental rights.
They are enforced on the grounds of ethnicity, faith, gender, etc. without prejudice.
Significantly, fundamental rights are enforceable by the courts, subject to certain
conditions.
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These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution.

2. They are justifiable. They are enforceable by courts. An individual may

approach a court of law in the event of a breach.
Following are the six fundamental rights of the Indian Constitution:

 Right to Equality (Article 14-18)

 Right to Freedom (Article 19-22)

 Right against Exploitation (Article 23-24)

 Right to Freedom of Religion (Article 25-28)

 Cultural and Educational Rights (Article 29-30)

 Right to Constitutional Remedies (Article 32)

 “Human Rights are Fundamental Rights…”

Fundamental Rights are the rights and freedom as a part of the

constitution that is protected by the constitution of India which is
recommended by the Government of India and the Indian parliament
which enacted to its citizen of people. In Emergency situation, these
rights are banned by the presidents of India at Emergency period and
all the people that fall under the jurisdiction of the constitution are
granted these rights without presumption or cost of privilege. Basically,
these are the rights that are awarded to all citizens as per the legal
system of the country without any conditions. These rights and freedom
are enjoyed by the citizen of country into the certain determination of
boundary.

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Human Rights are the rights that all global men and women should
have. These are the most basics rights that protect a human from
inhuman behavior of other humans. There are some rights that are
considered universally to be fundamental and essential to live their
fulfilment of needs for physical, mental and emotional protection. These
rights are more helpful to the survival of every human being in this
earth.

Within the country’s Constitution, Constitutional rights are guaranteed,

while human rights are recognized internationally. Legal rights are
distinctly specified by various governments and are not present in the
Constitution. In nature, all Constitutional and Human rights are
enforceable, although the former is enforced by the court of justice, and
while the latter is enforced by the United Nations Organisation. On the
other hand in the case of enforceability, legal rights are enforceable by
the government, but they can be taken away or modified at any time.

Fundamental rights are extracted from a free society’s opinions. Human

liberties, on the other hand, derive from the ideas of civilized countries.
It is necessary to adjudicate the human rights of counterparts as the
rights resulting from the social growth and obligation of a certain area.

 Conclusion:

In an emergency situation, these privileges are forbidden by the

Presidents of India, and these rights are given without implication or
expense of privilege to all persons that come under the authority of the
Constitution. Basically, these are the rights that are granted without
restrictions to all people according to the country’s legal structure. In
the certain determination of borders, the resident of the country

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possesses these protections and liberties. Human Rights are the rights
that can be had by all global men and women. Fundamental rights are
rights and independence as part of the constitution, guaranteed by the
Indian Constitution, recommended by the Government of India and the
Indian Parliament, passed by its people. These are the most
fundamental rights that shield an individual from other people’s
inhuman actions. There are many rights that are generally recognized
as basic and necessary for the fulfillment of physical, mental, and
emotional security needs. Thus for the life of a human being on this
planet, these protections are more beneficial.

∆ BIBLIOGRAPHY

 Books:

1. D.basu–Human rights in constitutional law.

2. P.diwan–Human Rights And The Law.

3. R.c.hingorani–Human Rights In India.

4. Paulsieghart–The International Law Of Human Rights.

5. Brownlie–Basic Documents On International Law And Human Rights.

 Internet sources:

1) https://www.toppr.com/guides/civics/the-indian-constitution/
rights-and-fundamental-rights/
2) http://mls.org.in/books/H-2537%20Human%20Rights%20in.pdf
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 3) https://www.insightsonindia.com/2017/08/25/5-differentiate-
natural-right-legal-right-fundamental-right-discuss-implications-
recent-nine-bench-judgement-right-privacy-sex

4) https://www.un.org/en/about-us/universal-declaration-of-human-
rights

💠 THE END 💠

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