U-V, Ch.

1) Human Rights in India 417

work has been provided under the provisions of Directive
Policy, which areefundamental in the governance of the Principles of State
The Parliament has enacted various Country.
legislations which seek to protect
and promoteethe rights of the vulnerable sections of the society like the
the scheduled castes and Scheduled Tribes, women and disabled,
women are concened,. the legislations cover issues such as children. In so far as
immoral traffic. prevention of sati and female foeticide dowry harassment,
The Pariament enacted the
Protection of Human Rights Act 1993 which
providesfor the Constitution of tthe National Human
Human Rights Commission and Human Rights Courts, Rights Commission, State
Sor the "hetter' protection of human which are constituted
rights and for matters connected therewith
orincidental thereto National Commission on Human Rights was set up in
on September, 27, 1997. India
Universal Declaration of Human Rights and the
Indian Constitution Fundamental Rights of
The Universal Declaration of Human
Assembly on 10th December, 1948, Constituted Rights accepted by the General
a historic event of the first
magnitude. It was a beacon call to all the States to respect
enumerates the political, civil, economic, social and culturalsome basic rights. It
rights of
a manifesto of man's
inalienable rights and fundamental freedoms. man. It is
The Constitution of India, which came into
adopted on 26, November, 1949. The following force on 26 January, 1950 was
various provisions of the Universal Declaration Chart shows the similarity in
of Human rights and Part III
(Fundamental Rights of the Constitution of India).
Provision in UDHR Provision in the Constitution
of India
1 Art.1: Equality and brother Preamble "Equality-of status and of
hood.
opportunity; and to promote among them
all""Fraternity- assuringthe dignity of the
individual and the unity and integrity of the
Nation."
2. Art.2: Ban on discrimination Art. 15: Prohibition on Discrimination on
based on race, sex, religion Grounds of Religion, Race, Caste, Sex
etc. or place of Birth.
3. Art.3: Right to life, liberty and Art.21: Protection of Life and personal
security of person. liberty: "No person shall be deprived of
his life or personal liberty except, according
to procedure established by law."
4. Art.4:Freedom from slavery, Art.17: Abolition of untouchability
servitude and slave trade. Art.23: Prohibition of Trafficin Human
Beings and Forced Labour.
HRL 27
 I1. 10. 7. 6. 5 418
16. 15.
Art.15: 14. 13. 12.
family Art. countries.
other in
Art.l4: Art.13:
Residence.
and Art.l2: retroactive
penal
laws tribunals.
Art.l1: rights.LegalArt.8:
fundamental
impartialArt.10: arrest,Art.9: and Art.7: before
every-wherelaw.the Art.6: cruel Art.5

16: remedy to
Right equal
Equality and
Right Freedom
and Right Right to Right
Independent Freedom
detention
a Right Right Right in
protection
right to to
as human
to to to to against before recognition from
from
or effective a
found
to enjoy movement privacy. protect person
rriage.nationality exile.
and arbitrary of treatment.
torture,
a asylum laws. law Human
RightsLaw

e)India;of
(Art.19(1)(d): Court. applies
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conviction
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India.of to to
territory theunder that be ofoffence in
No
Supreme 32: laws not 14:
reside move commission subjected the force
person Protection in Protection Conferred theEquality
and which Remedies within deny
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and freely All lawmight charged the Certain to
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theof and for t he
throughout decision this of in
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equalperson
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in right the as convicted th e Law:
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23. Art.22:
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muneration.
favourable (iii) (ii) free Art. Security. Art.21: association.
government assembly and Art.
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peacefulexpression. and religion. deprivation
thereof. and
Right Right choice 23(i) 20: protection Art.17:
Right Right Right Right
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to
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Social to to
employment. to to to to trom
and take freedom freedom freedom own
pay. work, arbitrary
part propertyHuman
to in of of
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to the Art.38: the right Art.19(1)(b)
Art.19(1)(c) right
arms.right Art.19(1)(a) for affairs
religiousArt.28: Art.27:
institutions,. profession, provides 44th
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Art.19(1)(g): Nutrition Art.26: Art.31:Provided
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25:Freedom Amendment in
and State form assemble freedom Freedom Freedom property India
workers The work practise any reliefhuman
The
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worship
practice
State
State occupation, All State to associations All All All of
the to of
and shall under shall ny under Principles.
acitizens
conditions shall Health Standard raise welfaresecure citizenspeaceably citizens citizens
speech
of in as any as to
tomanage conscience
of right, property
and
certain particular
to and now
DirectivesecureDirectivesecureprofession, Directive make the social a shall and shall
attendance payment
propaganda but
trade shall under47 Level theof
Article or shall
educational Art.300A
not right
of unions. and religious
have provision of Living people order have expression.
have have religion. of abefore
Principles.living
Principles. equalbusiness.or orprinciples. work of without at taxes
and
to the the the the offree
wage pay and and and for the 419
 29. 28. 27. 26. 25. 24. 420

development
possible. is alone Art.28:
and
to which community.
Art.29: the Art. Art.26: health Art.of25:leisure.
Art.24:unions.
jtoradeint (iv)
the
international cultural 27: living, Right
the
community and
Everyone rights
Entitiement
Right Right Right Right
free
life adequate
well to
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has be
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children early thatUnder This Stateeducation shall (e) Art.39:
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citizens. fourteen
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to respect the
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of
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provide abused.arnothealth
e adequate 19(1)c):
to
following the of State
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all free Right State
and ideals Constitution educational they shall law, children andmeans associations All
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and fundamental
ourfollow Constitution and complete 46endeavour in and to the shall citizens
determine. such education:
national the and other deals and
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institutions,
the National education of livelihood. secure:
of
Castes, and with the
weaker
Art.45 manner
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are unless any Constitutional and
to lawsSupreme the in , save House disputes
few international under High
rnational enable qui-vive'. other 326).
to
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spoilation,
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mples: an Writs-habeas
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with (Art. from
label Courts
and activist purpose(Art.
226). the by nations: be
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or Case arbitration and
obligations
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covenants
courts
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haspublic thatjudiciary is be
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included of Lawl. for executive [U-V,
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have
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petitioner next appropriately
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(5)
(6) IndustrialUniversal for day also on In"Children
the and also
Political In
SC In
&
the 1537], In India previous of It
[(1995) In Article In anand lost claim an to Civil 1959future children the
Assembly Sheela relied Mackinnon
Prem his Nilabati the giving for is 469).
LIC J.P. its to wrote Declarations. Court
Co-operative infringement cl. the
Article
award twenty-two
and
dead
bodywas aged State
and the StateRights the Barse one
5 of Declaration
Ravidas relevance. Article recognised. of upon
1 the
SCC India 11 SupremeShankar case-law alleging a
Behera v. Declaration of De the them detained are
machinery
relied
release the
of
of on awarded of letter machinery, Political the the and Supreme
the 9(5) compensation.
10 country. citizens the upon v. Mackenzie LO Human
4821, & prisoners that that Hence, United held Union parties
& of CourtShukla ofand theof the in ofconvention
Another ICESCR
Sociery. Others of the multiple
was found
wi th India
Rights, proper to thati child Rights
the Human the
arrived it State to the Article
right and held v. ICCPR ICCPR relief was years, Nations allof In implement of of and Court
treated implement it as recent
training it India. the
prisoners
Supreme : [(1996) and l: to th at Delhi of case a Orissa, of is 1966.a the Observation
future was 24 applied
Company in
detainees
Rights.human at was an
party Equal No.
Consumer Navyavak
the the has the monetary
and The
as obligation
and
rights years. toera. obligation
an of
[(1987) 100,
India
Administration. The it the
Court right 9 continued conclusion
been the Supreme ofwrit aarrested the toArticle in turn OnInternational in: languishing
1a Remuneration Equal the Ltd.
SCC dignity was custodial these
importance of this Home.
right injuries [AIR same the proper principle
Education
referred
to
Harijan
300),
an renderedcompensation. petition position out the SCC 3
on International of of Remuneration, v.
adequate the unconstitutional and to 24
Child proper
to The
and that life. Courtdeath. suspicion ontheft.of1993 the in the of way
the in Andrey
the referredunjustified AIR nugatory the The under a i960]Government ofthe was hasbringing be
Supreme Government Indian 50], of
and Supreme Uihupan accepted The railway thSC
e
proper the adopted
International good for Covenant a Act, equal
Article Standard declaration apex The Article been protecting journalist D'
Reseaneh Article 1980 petition Charters child citizens prisons. 1976. pCosta,
ay
and courtCourt track. way Court 1951 435
7 CourtMulri and use
SC the 32 of has by well upof of on to
of of 5 it ot
 Human Rights law
436
ICESCR and the cqual assurance of the right to the
[U-V,JustCh.andl
enjoyment of Jus
of work.
(7) Inconditions
favourabie Madhu Kisharv. State of Bihar; |(1996) 5 SCC1125|,,the Supreme
Court referredthe Declaration onthe Righttool Development and the Convention
on the Elimination of All Forms of Discrimination Against Women (CEDAW),

1981. (8) In Vishaka v. State of Rajasthan, [AIR 1997 SC 3011], the Supreme

held that, in the absence of domestic law provisions, reliance c

Court
international norms that were no
placed on international law as well as
contravention of any existing domestic law and the Constitution. The Court
referred Articles 1l and 24 of the Convention on the Elimination of All Forms of
Discrimination Against women (CEDAW) 1981. Upholding the notion of gendes
the
equality, inthe absence of any enacted law to prevent sexual harassment at
workplace, the court relied heavily upon the provisions of CEDAW. The Court
held: There is no reason why these internationalconventions and norms cannot
therefore, be used for construing the fundamental rights expressly guaranteed
in the Constitution of India which embody the basic concept of gender eqality
in allspheres of human activity."
In this case Verma CJ observed: Any international convention not
inconsistent with fundamental rights and in harmony with its spirit must be read
into these provisions toenlarge the meaning and content thereof, to promote the
object of the constitutional guarantee It is now an accepted rule of judicial
construction that regard must be had to international conventions and norms for
construing domestic law when there is no inconsistency between them and a
void in the domestic law."

(9) In Apparel Export Promotion Council v. A.K. Chopra, [(1999) 1

SCC 759], the Supreme Court has stressed that in cases for violation of human
rights, the courts must forever remain alive to international instruments and
conventions and apply the same to a given case when there is no inconsistency
between the international norms and domestic law.
(10) In Chairman, Railway Board v Chandrima Das. I(2000) 2 SCUC
465|, the Supreme Court has asserted that it will apply international human
nghts norms while interpreting our Constitution The Court has also
that our Constitution in Part III guarantees all the basic obserVeu
and fundamental ng
set out in the Universal Declaration of Human
citizens and all other persons. Rights (UDHR) 1943 o 10
The provisions of the UDHR
are which find place in the Indian Constitution
legally binding with most effective
(C) judicial remedy.