HUMAN RIGHTS AND VALUES

PAPER CODE: BBAN-406

UNIT-I
 Introduction- Meaning and Concept of Human Rights
Human Rights are the basic rights and freedoms that belong to every person in the
world, from birth until death. They apply regardless of where you are from, what you
believe or how you choose to live your life.

Human rights are the rights a person has simply because he or she is a human being.
Human rights are held by all persons equally, universally, and forever. “All human
beings are born free and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of brotherhood.”

Kant said that human beings have an intrinsic value absent in inanimate objects. To
violate a human right would therefore be a failure to recognize the worth of human life.

Human right is a concept that has been constantly evolving throughout human history.
They have been intricately tied to the laws, customs and religions throughout the ages.
Most societies have had traditions similar to the "golden rule" of "Do unto others as you
would have them do unto you." The Hindu Vedas, the Babylonian Code of Hammurabi,
the Bible, the Quran (Koran), and the Analects of Confucius are five of the oldest
written sources which address questions of people’s duties, rights, and responsibilities

They can never be taken away, although they can sometimes be restricted – for example
if a person breaks the law, or in the interests of national security. These basic rights are
based on shared values like dignity, fairness, equality, respect and independence. These
values are defined and protected by law. In Britain our human rights are protected by
the Human Rights Act 1998.

Human Rights are relevant to all of us, not just those who face repression or
mistreatment. They protect you in many areas of your day-to-day life, including:

• your right to have and express your own opinions

• your right to an education
• your right to a private and family life
• your right not to be mistreated or wrongly punished by the state

The concept of human rights is introduced as well as general elements of international

law, including the application of principles of human rights law. The emphasis is further
laid on three major dimensions: standards (the human rights norms as defined in
internationally agreed texts); supervision (the mechanisms to monitor compliance with
human rights standards); and the ways in which respect for human rights is put into
practice.
Features of Human Rights

• Human rights are inalienable- This means that you cannot lose them, because
they are linked to the very fact of human existence, they are inherent to all human
beings. In particular circumstances some – though not all – may be suspended or
restricted. For example, if someone is found guilty of a crime, his or her liberty
can be taken away; or in times of national emergency, a government may declare
this publicly and then derogate from some rights, for example in imposing a
curfew restricting freedom of movement.
• These are fundamentals rights- Everyone should have them. These are for
every human being
• Protected by Law- Human Rights have judicial enforcements. Violation of it
can lead to legal action.
• No Discrimination- These are inherent in all human beings without any
discrimination on the basis of religion, region, language, culture, caste, gender or
any other.
• These are universal- Human Rights are applicable everywhere, every time for
everyone.
• These are interdependent- This means, each right under Human Rights could
be fully enjoyed only when other rights are also fully enjoyed.
• These are egalitarian- It says that all humans are equal in fundamental worth or
social status. Human Rights laws also say that all human beings have same
dignity in the society.

Indian perspective Vs. Global perspective of Human Rights

Indian Perspective: -
According to Constitution of India Part III and Part IV provide provisions for Human
Rights in India.
The Rights and Fundamental Rights are sections of the Constitution of India that
provides people with their rights. These Fundamental Rights are considered as basic
human rights of all citizens, irrespective of their gender, caste, religion or creed. etc.
These sections are the vital elements of the constitution, which was developed between
1947 and 1949 by the Constitution of India. There are six fundamental rights in India.

1. Right to Equality
Right to Equality ensures equal rights for all the citizens. The Right to Equality prohibits
inequality on the basis of caste, religion, place of birth, race, or gender. It also ensures
equality of opportunity in matters of public employment and prevents the State from
discriminating against anyone in matters of employment on the grounds only of religion,
race, caste, place of birth, place of residence or any of them.
2. Right to Freedom
Right to freedom provides us with various rights. These rights are freedom of speech,
freedom of expression, freedom of assembly without arms, freedom of movement
throughout the territory of our country, freedom of association, freedom to practice any
profession, freedom to reside in any part of the country. However, these rights have
their own restrictions.

3. Right against Exploitation

Right against Exploitation condemns human trafficking, child labor, forced labor
making it an offense punishable by law, and also prohibit any act of compelling a person
to work without wages where he was legally entitled not to work or to receive
remuneration for it. Unless it is for the public purpose, like community services or NGO
work.

4. Right to Freedom of Religion

Right to Freedom of Religion guarantees religious freedom and ensures secular states
in India. The Constitutions says that the States should treat all religions equally and
impartially and that no state has an official religion. It also guarantees all people the
freedom of conscience and the right to preach, practice and propagate any religion of
their choice.

5. Cultural and Educational Rights

Cultural and Educational Rights protects the rights of cultural, religious and linguistic
minorities by enabling them to conserve their heritage and protecting them against
discrimination. Educational rights ensure education for everyone irrespective of their
caste, gender, religion, etc.

6. Right to Constitutional Remedies

Right to Constitutional Remedies ensures citizens to go to the supreme court of India to
ask for enforcement or protection against violation of their fundamental rights. The
Supreme Court has the jurisdiction to enforce the Fundamental Rights even against
private bodies, and in case of any violation, award compensation as well to the affected
individual.
International/Global Perspective: -
• The modern perspective to human rights is reflected in the Vienna Declaration
adopted by the World conference on Human rights in June 1993.
• The declaration categorically states that all human rights are universal,
indivisible and interdependent and inter-related and that democracy,
development and respect for human rights and fundamental freedoms are
interdependent and mutually reinforcing.
• The conference reaffirmed the right to development as a universal inalienable
right and an integral part of the fundamental human rights.
• During the last 61 years the United Nations has adopted nearly 100 human rights
instruments covering the entire gamut of human relationship.
• These, inter alia, deal with the rights of women, children, refugees, migrant
workers, stateless persons, minorities, prohibition of torture, slavery, genocide,
racial or religious discrimination, right to development, right to peace, etc.

The Universal Declaration of Human Rights: -

On December 10, 1948 the General Assembly of the United Nations adopted and
proclaimed the Universal Declaration of Human Rights. It has been translated into more
than 350 languages worldwide, and more than 100 African languages. The details of 30
articles are given below: -

Article 1: Innate freedom and equality- All human beings are born free and equal in
dignity and rights. They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.

Article 2: Ban on discrimination- Everyone is entitled to all the rights and freedoms
set forth in this Declaration, without distinction of any kind, such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or
other status.

Furthermore, no distinction shall be made on the basis of the political, jurisdictional or

international status of the country or territory to which a person belongs, whether it be
independent, trust, non-self-governing or under any other limitation of sovereignty.

Article 3: Right to life- Everyone has the right to life, liberty and security of person.

Article 4: Ban on slavery- No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.

Article 5: Ban on torture- No one shall be subjected to torture or to cruel, inhuman or

degrading treatment or punishment.
Article 6: Right to recognition as a person before the law- Everyone has the right to
recognition everywhere as a person before the law.

Article 7: Equality before the law- All are equal before the law and are entitled without
any discrimination to equal protection of the law. All are entitled to equal protection
against any discrimination in violation of this Declaration and against any incitement to
such discrimination

Article 8: Right to effective judiciary- Everyone has the right to an effective remedy
by the competent national tribunals for acts violating the fundamental rights granted
him by the constitution or by law.

Article 9: Ban on arbitrary detention- No one shall be subjected to arbitrary arrest,

detention or exile.

Article 10: Right to public hearing- Everyone is entitled in full equality to a fair and
public hearing by an independent and impartial tribunal, in the determination of his
rights and obligations and of any criminal charge against him

Article 11: Right to the presumption of innocence- Everyone charged with a penal
offence has the right to be presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary for his defence.

No one shall be held guilty of any penal offence on account of any act or omission which
did not constitute a penal offence, under national or international law, at the time when
it was committed. Nor shall a heavier penalty be imposed than the one that was
applicable at the time the penal offence was committed.

Article 12: Right to privacy- No one shall be subjected to arbitrary interference with
his privacy, family, home or correspondence, nor to attacks upon his honour and
reputation. Everyone has the right to the protection of the law against such interference
or attacks.

Article 13: Right to freedom of movement- Everyone has the right to freedom of
movement and residence within the borders of each State.

Everyone has the right to leave any country, including his own, and to return to his
country.

Article 14: Right to asylum- Everyone has the right to seek and to enjoy in other
countries asylum from persecution.

This right may not be invoked in the case of prosecutions genuinely arising from
nonpolitical crimes or from acts contrary to the purposes and principles of the United
Nations.
Article 15: Right to a nationality- Everyone has the right to a nationality. No one shall
be arbitrarily deprived of his nationality nor denied the right to change his nationality.

Article 16: Right to marriage and family- Men and women of full age, without any
limitation due to race, nationality or religion, have the right to marry and to found a
family. They are entitled to equal rights as to marriage, during marriage and at its
dissolution.

Marriage shall be entered into only with the free and full consent of the intending
spouses. The family is the natural and fundamental group unit of society and is entitled
to protection by society and the State

Article 17: Right to own property- Everyone has the right to own property alone as
well as in association with others.

No one shall be arbitrarily deprived of his property.

Article 18: Right to freedom of thought and religion- Everyone has the right to
freedom of thought, conscience and religion; this right includes freedom to change his
religion or belief, and freedom, either alone or in community with others and in public
or private, to manifest his religion or belief in teaching, practice, worship and
observance.

Article 19: Right to freedom of opinion and expression- Everyone has the right to
freedom of opinion and expression; this right includes freedom to hold opinions without
interference and to seek, receive and impart information and ideas through any media
and regardless of frontiers.

Article 20: Right to freedom of assembly and association- Everyone has the right to
freedom of peaceful assembly and association. No one may be compelled to belong to
an association.

Article 21: Right to take part in government- Everyone has the right to take part in
the government of his country, directly or through freely chosen representatives.
Everyone has the right to equal access to public service in his country.

The will of the people shall be the basis of the authority of government; this will shall
be expressed in periodic and genuine elections which shall be by universal and equal
suffrage and shall be held by secret vote or by equivalent free voting procedures.

Article 22: Right to social security- Everyone, as a member of society, has the right
to social security and is entitled to realization, through national effort and international
co-operation and in accordance with the organization and resources of each State, of the
economic, social and cultural rights indispensable for his dignity and the free
development of his personality.
Article 23: Right to work- Everyone has the right to work, to free choice of
employment, to just and favourable conditions of work and to protection against
unemployment.

Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favourable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection. Everyone has the right to form and to
join trade unions for the protection of his interests.

Article 24: Right to rest- Everyone has the right to rest and leisure, including
reasonable limitation of working hours and periodic holidays with pay.

Article 25: Right to an adequate standard of living- Everyone has the right to a
standard of living adequate for the health and well-being of himself and of his family,
including food, clothing, housing and medical care and necessary social services, and
the right to security in the event of unemployment, sickness, disability, widowhood, old
age or other lack of livelihood in circumstances beyond his control.

Motherhood and childhood are entitled to special care and assistance. All children,
whether born in or out of wedlock, shall enjoy the same social protection.

Article 26: Right to education- Everyone has the right to education. Education shall
be free, at least in the elementary and fundamental stages. Elementary education shall
be compulsory. Technical and professional education shall be made generally available
and higher education shall be equally accessible to all on the basis of merit.

Education shall be directed to the full development of the human personality and to the
strengthening of respect for human rights and fundamental freedoms. It shall promote
understanding, tolerance and friendship among all nations, racial or religious groups,
and shall further the activities of the United Nations for the maintenance of peace.

Parents have a prior right to choose the kind of education that shall be given to their
children.

Article 27: Right to participate in cultural life- Everyone has the right freely to
participate in the cultural life of the community, to enjoy the arts and to share in
scientific advancement and its benefits.

Everyone has the right to the protection of the moral and material interests resulting
from any scientific, literary or artistic production of which he is the author.

Article 28: Right to a social and international order- Everyone is entitled to a social
and international order in which the rights and freedoms set forth in this Declaration
can be fully realized.
Article 29: Duties and limitations- Everyone has duties to the community in which
alone the free and full development of his personality is possible.

In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition
and respect for the rights and freedoms of others and of meeting the just requirements
of morality, public order and the general welfare in a democratic society.

These rights and freedoms may in no case be exercised contrary to the purposes and
principles of the United Nations.

Article 30: Salvatory clause- Nothing in this Declaration may be interpreted as

implying for any State, group or person any right to engage in any activity or to perform
any act aimed at the destruction of any of the rights and freedoms set forth herein.

Evolution of Human Rights

When Human Rights fall into jeopardy or the people suffer under the systematic
persecutions from the head of the State, the revolution takes place. Human Rights
concept has evolved over last four centuries. Important events are as under: -
• The Code of Hammurabi (1750 BC)- During the ancient times, the people of
Mesopotamia lived under the rule of the Babylonian king,
Hammurabi. Hammurabi created his code of laws, which consists of 282 laws,
in the year 1750 BC. The Code of Hammurabi was inscribed on stone, which
suggests that the King accepted the laws from the sun god, Shamash. The code
of laws encouraged people to accept authority of a king, who was trying to give
common rules to govern the subjects' behaviour.

• The Judeo Christian Traditions (1200 BC-100 AD)- Jesus preached that
“rights come with responsibilities” and urged his followers to feed the hungry,
clothe the naked and forgive their enemies. He criticized hypocrisy and treated
women, poor and foreigners with dignity.
• Confucius (551-479 BC)- It is also known as Kong Qui or K’ung Fu-tzu, was a
Chinese philosopher, teacher and political figure. His teachings, preserved in the
Analects, focused on creating ethical models of family and public interaction
and setting educational standards. His Golden Rule is Golden Rule, "What you
do not wish for yourself, do not do to others."
• The Magna Carta (1215 AD)- The Magna Carta, or “Great Charter,” was
arguably the most significant early influence on the extensive historical process
that led to the rule of constitutional law today in the English-speaking world. In
1215, after King John of England violated a number of ancient laws and customs
by which England had been governed, his subjects forced him to sign the Magna
Carta, which enumerates what later came to be thought of as human rights.
• The Treaty of Westphalia (1648)- It ended 30 years’ war which started in 1618
in Roman Empire. This treaty became the base of modern concept of national
sovereignty by freeing state rulers from the authority of Catholic Church.
Religious tolerance was encouraged and the concept of freedom of worship was
built.
• The English Bill of Rights (1689)- This bill forbade the Royalty to suspend the
laws without parliament consent. It ordered free elections for members of
Parliament and ensured freedom of speech in Parliament.
• The US Declaration of Independence (1776): The war of independence in
America was carried on by the thirteen American colonies against Great Britain.
This war paved the way for adoption of United States Declaration of
Independence and formation of first government of 13 US colonies. This
declaration was largely based on Locke's and Montesquieu's 'Natural Rights'
theories.
• Virginia Declaration of Rights (1776): It was another important declaration.
In this, fundamental rights and freedoms for people of Virginia were recognized.
This declaration served as the base model for Bills of Rights and French
Declaration of Rights of Man and the Citizens.
• The US Constitution (1787) and The Bills of Rights (1791): The US
Constitution is the oldest written national constitution in use. It defines principal
components of government and their jurisdictions and basic rights of citizens.

First ten amendments to the constitution, known as The Bills of Rights, came in
1791. It protects freedom of speech, religion, assembly, freedom to petition and
right to keep and bear arms. It also prohibits unreasonable search and seizure,
cruel and unusual punishments and compelled self-incrimination.
• The French Declaration of Rights of Man and the Citizens (1789): French
Declaration was influenced by American Revolution. In France, rights were h
denied, which resulted into a revolution and they adopted French Declaratic of
the Rights of Man and of the Citizen. In this declaration legal rights of a citizen
were recognized. It defined natural rights as "liberty, property security and right
to resist oppression".
• The Proclamation of Emancipation (1863): Abraham Lincoln issued this
Proclamation during third year of civil war. It freed the people held as slaves and
helped in passing 13th Amendment which outlawed Slavery nationwide in 1865.
• The Geneva Convention (1864): First international treaty which governs the
conduct of nations during war time is known as The Geneva Convention 1864.
It was initiated by The International Red Cross. It was formed for the help of
sick and wounded soldiers.
• Mohandas Karamchand Gandhi Philosophy (1869-1948): Gandhiji in initial
years of his career, practiced law in South Africa. There he agitated against
 racism directed at Indians. His philosophy was based on non-violence and
respect for life. He called it Satyagraha, which means force of truth. He
supported various movements in India against caste discrimination, for women
rights and for basic education.
• The United Nations Charter (1945): After Second World War in 1945,
fiftyone states signed the UN charter for establishing UNO. The objective of
establishing this organization was to maintain peace, security and cooperation
across nations. The conflicts or problems across nations are solved through this
organization.
• The Universal Declaration of Human Rights (1948): UN formed commission,
under the leadership of Eleanor Roosevelt to clarify charter’s references to
human rights. As a result of this, UN General Assembly adopt Universal
Declaration of Human Rights (UDHR) in 1948. This was draft by
representatives of different legal and cultural background from all over the
world. This declaration is about universal goals related to human right and
freedoms. It sets out, for the first time, fundamental rights to universally
protected.

Human Rights movements in India

Seeds of Human rights in Ancient India
The earliest fragments of the human rights, not only in India but probably in the world
as such, may arguably be found in the ancient Indian literary sources depicting the
norms of the socio-economic and political life of the people in ancient times. For
instance, the Vedic literature eloquently proclaims the equality of all human beings and
calls for the fostering of the sense of fraternity amongst them all. Moreover, it reiterates
the equal claims of the human beings on the basic life supporting amenities like food,
water, air and shelter and professes an egalitarian and fulfilling social order by calling
for the ideal of ‘Sarve Bhavantu Sukhinah’ across the board. The essence of the human
rights in the ancient times seems to lie in the timeless concept of Dharma
(righteousness) which denotes the loftiest ideal underpinning the whole notion of good
life for the people. As a perceptible expert clarifies, ‘[T]he Vedas including the
Upanishads (Shruti) were the primordial source of ‘Dharma’, a compendious term for
all human rights and duties, the observance of which was regarded as essential for
securing peace and happiness to individuals as well as society. The Smritis and the
Puranas were collections of the rules of Dharma including civil rights and criminal
liabilities (Vyavahara Dharma) as also Raja Dharma (Constitutional Law) which were
developed on the basis of fundamental ideals incorporated in the Vedas.’
Human rights elements in social reform movements
As argued earlier, the genesis and growth of human rights movement in India seem to
be enmeshed in the various socio-religious reform movements championed by the great
social reformers from time to time. Indeed, the exhibition of concern for the human
rights of individuals by the leaders of the national movement came quite late. As an
expert notes, ‘In fact, civil liberties of individuals, within the concern of India’s
liberation struggle, manifested itself as late as in the 1930s when Nehru started the Civil
Liberties Union to provide legal aid to the freedom fighters accused of treason. The
Congress Party, only at its Karachi session of 1931, passed the first resolution
demanding civil liberties and equal rights for citizens.’ (Ray, 2003:3411) Therefore, in
order to have an unbroken sequence of growth of human rights movement in India, it is
important to critically grasp the human rights elements in the socio-religious reform
movements waged in the country during the late second half of the nineteenth and the
early first half of the twentieth century.

Human Rights movement during the freedom struggle

The long span of anti-colonial movement in India, in a way, may be argued to be some
sort of human rights movement keeping in mind the demand of the Indians for
bestowing of basic civil and political rights to the common people of India as the short
term perspective and the complete independence for the country as the long term vision
of the nationalist leaders. However, such an argument has been countered by the
scholars on the plea that ‘the mainstreaming intellectual and political discourse of the
liberation struggle had its central focus around the nation as a community, initially
against colonial rule, and later also against contesting groups like Muslims, Sikhs, dalits
and tribals as communities claiming nationhood.’ (Ray, 2003:3411) The argument
further goes to emphasize the point that since the thrust of the nationalist leadership did
not have on the concern for the rights of individuals, as against the rights of nation as a
community, it might not be justified to label the entire national movement as a
movement for the securing of human rights in the country.

Human Rights movement in independent India

The functional narrative of human rights movement in the post independent times
presents a story of belied promises on the one hand, and the emergence of a powerful
civil society initiative to keep the flames of human rights movement alight despite all
odds, on the other. The portents of the future shape of human rights in independent India
became obvious with the context in which the Constituent Assembly set on to fine-tune
the provisions on fundamental rights of the people. The foundational fetters of the
Constituent Assembly, including the historical factors conditioning its origin like the
limited social base, vortex of partition and concomitant clamouring amongst various
princely states for independence, etc. went a long way in determining the broad contours
of thinking of the Assembly on the issue of fundamental rights.
Hence, despite the liberal moorings of the members of the Constituent Assembly, the
circumstantial dynamics constricted the deliberations of the Assembly so much so that
it could not resolve on anything other than a strong governmental apparatus even at the
cost of the basic human rights of the people. The agenda of nation building, national
security and the unity and integrity of the nation was so overbearing in the minds of the
framers of the Constitution that they could not rise above the routine offerings to the
people by way of the fundamental rights. What was however heartening was that not
only draconian provisions like those of ‘preventive detention’ were introduced, even
the routine fundamental rights were placed so much of ‘reasonable restrictions’ that any
government would have find a reasonable cause to put restrictions on the enjoyment of
such rights.

Classification of Human Rights

French Jurist Karel Vasak has classified Human Rights as under :

a) Civil and Political Rights

b) Economic, Social and Cultural Rights
c) Solidarity Rights

1) Civil and Political Rights :

The Universal Declaration of Human Rights (UDHR), 1948 has provided for
Civil and Political Rights under Article 2 to 21. It includes the Right to life, Right
to Security, Protection against Slavery, The Right to due and fair process of Law,
Right to Privacy, the Right to Liberty of Thought and Expression, the Right to
Religious Freedom, Right to Association and the Right to Property.

2) Economic, Social and Cultural Rights :

The Universal Declaration of Human Rights (UDHR), 1948 Article 22 to
Article 27 provide for Economic, Social and Cultural Rights which Include the
Right to Work, the Right to Social Security, the Right to Protection Against
Unemployment, the Right against slavery and exploitation, the Right to Good Living,
the Right to Education and the Right to health services.

3) Solidarity Rights :
Article 28 of the Universal Declaration of Human Rights, 1948 says that every
person is entitled to such social and international system in which all the rights and
freedoms are made available to him fully. In this category are included the rights to
Power, a Right to Just Distribution of wealth, the Right to Economic and Social
Development, the Right to participate in the process of Development, the Right to
peace.

Relevant Constitutional Provisions

For Right to Life
‘Everyone has the right to life, liberty and the security of person.’ The right to life is
undoubtedly the most fundamental of all rights. All other rights add quality to the life
in question and depend on the pre-existence of life itself for their operation. As human
rights can only attach to living beings, one might expect the right to life itself to be in
some sense primary, since none of the other rights would have any value or utility
without it. There would have been no Fundamental Rights worth mentioning if Article
21 had been interpreted in its original sense. This Section will examine the right to life
as interpreted and applied by the Supreme Court of India.

Article 21 of the Constitution of India, 1950 provides that, “No person shall be
deprived of his life or personal liberty except according to procedure established by
law.” ‘Life’ in Article 21 of the Constitution is not merely the physical act of breathing.
It does not connote mere animal existence or continued drudgery through life.

It has a much wider meaning which includes right to live with human dignity, right to
livelihood, right to health, right to pollution free air, etc. Right to life is fundamental to
our very existence without which we cannot live as human being and includes all those
aspects of life, which go to make a man’s life meaningful, complete, and worth living.
It is the only article in the Constitution that has received the widest possible
interpretation. Under the canopy of Article 21 so many rights have found shelter, growth
and nourishment. Thus, the bare necessities, minimum and basic requirements that is
essential and unavoidable for a person is the core concept of right to life.

For Liberty and Dignity

Human Dignity and Liberty is a Basic Law in the State of Israel, enacted to protect
the country's main human rights. It enjoys super-legal status, giving the Supreme Court
the authority to disqualify any law contradicting it, as well as protection from
Emergency Regulations. The view of most Supreme Court judges is that the enactment
of this law and of Basic Law: Freedom of Occupation began the Constitutional
Revolution. According to this position, these laws marked a substantial change in the
status of human rights in Israel
This law was enacted in the final days of the 12th Knesset, 17 March, 1992. Shortly
after it was introduced into Israeli constitutional documents, it became prevalent in
human rights discourse, as well as in freedom of speech cases.

Purpose 1. The purpose of this Basic Law is to protect human dignity and liberty, in
order to establish in a Basic Law, the values of the State of Israel
as a Jewish and democratic state.
Preservation of life, 2. There shall be no violation of the life, body or dignity of any
body and dignity person as such.

Protection of
3. There shall be no violation of the property of a person. property
Protection of life, 4. All persons are entitled to protection of their life, body and body
and dignity dignity.

Personal liberty 5. There shall be no deprivation or restriction of the liberty of a

person by imprisonment, arrest, extradition or otherwise.
Leaving and 6. (a) All persons are free to leave Israel.
entering Israel
(b) Every Israel national has the right of entry into Israel from
abroad.
Privacy 7. (a) All persons have the right to privacy and to intimacy.

(b) There shall be no entry into the private premises of a person

who has not consented thereto.

(c) No search shall be conducted on the private premises of a

person, nor in the body or personal effects.

(d) There shall be no violation of the confidentiality of

conversation, or of the writings or records of a person.
Violation of rights 8. There shall be no violation of rights under this Basic Law except
by a law befitting the values of the State of Israel, enacted for a
proper purpose, and to an extent no greater than is required.
Reservation 9. There shall be no restriction of rights under this Basic Law regarding
security held by persons serving in the Israel Defence Forces, the Israel
forces Police, the Prisons Service and other security organizations of the
State, nor shall such rights be subject to conditions, except by
virtue of a law, or by regulation enacted by virtue of a law, and
to an extent no greater than is required by the nature and character
of the service.

Validity of laws 10. This Basic Law shall not affect the validity of any law (din) in
force prior to the commencement of the Basic Law.
Application 11. All governmental authorities are bound to respect the rights
under this Basic Law.
Stability 12. This Basic Law cannot be varied, suspended or made subject
to conditions by emergency regulations; notwithstanding, when
a state of emergency exists, by virtue of a declaration under
section 9 of the Law and Administration Ordinance, 5708-1948,
emergency regulations may be enacted by virtue of said section
to deny or restrict rights under this Basic Law, provided the
denial or restriction shall be for a proper purpose and for a period
and extent no greater than is required.

For Right to Equality

Right to equality is one of the six fundamental rights in the Indian constitution. It
includes equality before law, prohibition of discrimination on grounds of race, religion,
gender, and caste or birth place. It also includes equality of opportunity in matters of
employment, abolition of untouchability and titles. In simple words we can say it is the
right to live with equal opportunities. It simply treats all people to be same and nobody
can get a special privilege which will dishonour any individual or group. As per Article
no 14 of our constitution, it guarantees that all people shall be equally protected by the
laws of the country.

The State will treat people in the same circumstances alike. Right to equality not only
applies to the citizens of India but also to all the people within the territory of India.
Every citizen, from Prime Minister to an ordinary individual, is subjected to the same
laws. All citizens have access to public places like shops, restaurants, hotels,
multiplexes. Similarly, no restriction with regards to use of well, bathing ghats, roads,
playgrounds and places of public resort maintained by government. It is not ‘a rule of
men’, but a measure of liberty enjoyed by the people. Law should neither be arbitrary
nor should it guarantee privilege. We should always treat rich and poor, high and low
equal before the law. But the judiciary must be independent and impartial if the Rule of
Law can mean anything real.
For Right against Exploitation
The Right against Exploitation enshrined in the Indian Constitution guarantees dignity
of the individual. It also prohibits the exploitation or misuse of service by force or
inducement in the following ways:

• It prohibits human trafficking i.e. it criminalises buying and selling of human

beings like a commodity. It also prohibits use of women or girls for immoral
purposes.
• It prohibits slavery, begar, bonded labour or other forms of forced labour. Begar
is a term used for practice wherein the worker has to render free service to his
master or at a nominal rate. The State has been given the authority to introduce
compulsory service for such persons in order to stop the practice. The
government cannot discriminate on the basis of religion, race, colour, etc.
• It prohibits the employment of children below the age of 14 years in factories,
mines and other hazardous activities.

• The Rights against Exploitation is provided under Articles 23 and 24 of the

Constitution of India. Right to personal liberty is never real if some people are
exposed to exploitation by others.
• Articles 23 and 24 of the constitution are designed to prevent exploitation of
men by men. Thus rights ensured by these two articles may be considered as
complimentary to the individual rights secured by Articles 19 and 21 of the
constitution.

Article 23 of the Indian Constitution reads as follows:

• “Traffic in human beings and beggar and similar other forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable
in accordance with law.”
• “Nothing in this article shall prevent the state from imposing compulsory service
for public purposes and in imposing such service the state shall not make any
discrimination on grounds only of religion, race, caste of class or any of them.”
• Ever since the dawn of civilization in every society, the stronger exploited the
weak. Slavery was the most prevalent and perhaps the cruellest form of human
exploitation.
• Our constitution does not explicitly forbid slavery. Any form of exploitation is
forbidden. Thus forcing the landless labour to render free service by the
landowner is unconstitutional. Equally, forcing helpless women into prostitution
is a crime. The intention of the constitution is that whatever a person does must
be voluntary. There must not be any element of coercion involved behind a man’s
action. And hence the scope of Article 23 is far wide.
 • The state however may call upon citizens to render national service in defence of
the country. Thus conscription is not unconstitutional. But in compelling people
to render national service, the state must not discriminate on grounds of race, sex,
caste or religion.
• Article 24 forbids employment of child-labor in factories or in hazardous works.
The article reads” No child below the age of fourteen years, shall be employed
to work in any factory or mine or, engaged in any other hazardous employment.”
• In an environment of all pervading poverty, children are often forced to seek
employment to earn a living. Employers often find it less costly to engage child
labour at a cheap price. But children so employed do not get opportunities for
development. Thus, employment of child labor is a form of traffic in human
beings. Hence it is justifiably –forbidden. But employment of child labor cannot
be effectively checked unless there is overall improvement of economic
conditions of the poorer sections of the society. This provision of the constitution
remains a pious wish even today. For Cultural and Educational Rights
Education as a human right means:

• right to free and compulsory primary education

• right to available and accessible secondary education (including technical and
vocational education and training), made progressively free
• right to equal access to higher education on the basis of capacity made
progressively free
• right to fundamental education for those who have not received or completed
primary education
• right to quality education both in public and private schools
• freedom of parents to choose schools for their children which are in conformity
with their religious and moral convictions
• freedom of individuals and bodies to establish and direct education institutions
in conformity with minimum standards established by the state
• academic freedom of teachers and students
• the right to education is legally guaranteed for all without any discrimination
• states have the obligation to protect, respect, and fulfil the right to education
• there are ways to hold states accountable for violations or deprivations of the
right to education
Below are given constitutional provisions on Education:
1. Free and Compulsory Education:
The Constitution makes the following provisions under Article 45 of the Directive
Principles of State Policy that, “The state shall endeavour to provide within a period of
ten years from the commencement of this Constitution, for free and compulsory
Education for all children until they complete the age of fourteen years.”

2. Education of Minorities:
Article 30 of the Indian Constitution relates to certain cultural and educational rights to
establish and administer educational institutions.

It lays down:
(i) All minorities whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice.

(ii) The state shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the management of a
minority, whether based on religion or language.
3. Language Safeguards:
Article 29(1) states “Any section of the citizen, residing in the territory of India or any
part there of having a distinct language, script or culture of its own, hall have the right
to conserve the same.” Article 350 B provides for the appointment of special officer for
linguistic minorities to investigate into all matters relating to safeguards provided for
linguistic minorities under the Constitution.

4. Education for Weaker Sections:

Article 15, 17, 46 safeguard the educational interests of the weaker sections of the Indian
Community, that is, socially and educationally backward classes of citizens and
scheduled castes and scheduled tribes. Article 15 states, “Nothing in this article or in
clause (2) of Article 29 shall prevent the state from making any special provision for
the advancement of any socially and educationally backward classes of citizens or for
the scheduled castes and the scheduled tribes.

The cultural rights movement has provoked attention to protect the rights of groups of
people, or their culture, in similar fashion to the manner in which the human rights
movement has brought attention to the needs of individuals throughout the world.
Cultural Rights are rights related to art and culture, both understood in a large sense.
The objective of these rights is to guarantee that people and communities have an access
to culture and can participate in the culture of their selection. Cultural rights are human
rights that aim at assuring the enjoyment of culture and its components in conditions of
equality, human dignity and non-discrimination. They are rights related to themes such
as language; cultural and artistic production; participation in cultural life; cultural
heritage; intellectual property rights; author’s rights; minorities and access to culture,
among others.

The Constitution specifies the cultural and educational rights of the minorities.
• Any section of citizens with a distinct language or culture have a right to conserve
it.
• Admission to any educational institution maintained by the government or
receiving government aid cannot be denied to any citizen on the grounds of
religion or language.

• All minorities have the right to establish and administer educational institutions
of their choice. Here, minority does not mean only religious minority at the
national level.

For Economic Rights, Political Rights: -

Human rights are based on principles of dignity and freedom. Both are severely
compromised when human beings cannot meet their fundamental needs. Economic and
social rights guarantee that every person be afforded conditions under which they are
able to meet their needs.

In particular, economic and social rights include:

• The Right to Education enabling all persons to participate effectively in a free

society and is directed to the full development of the human personality.
• The Right to Food guaranteeing freedom from hunger and access to safe and
nutritious food.
• The Right to Health ensuring the highest attainable standard of physical and
mental health including access to care, nutrition, and clean water and air.
• The Right to Housing ensuring access to a safe, secure, habitable, and affordable
home with freedom from forced eviction.
• The Right to Social Security guaranteeing that everyone regardless of age or
ability to work has the means necessary to procure basic needs and services.
• The Right to Work guaranteeing the opportunity to have fulfilling and dignified
work under safe and healthy conditions with fair wages affording a decent living
for oneself and one's family. It also provides for freedom from unemployment
and the right to organize.

Political rights are about ensuring people’s ability to participate in the political life of
the State. They entitle people with rights to elect public officials or themselves to hold
public office. They allow people to take part in political activities or to refrain from
taking part if they choose not to. Political rights are a class of rights that protect
individuals' freedom from infringement by governments, social organizations, and
private individuals.
They ensure one's ability to participate in the civil and political life of the society and
state without discrimination or repression. Political rights include natural justice
(procedural fairness) in law, such as the rights of the accused, including the right to a
fair trial; due process; the right to seek redress or a legal remedy; and rights of
participation in civil society and politics such as freedom of association, the right to
assemble, the right to petition, the right of self-defence, and the right to vote.

For Economic and Social Rights

Article 38 {State to secure a social order for the promotion of welfare of the
people}

• The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social,
economic and political, shall inform all the institutions of the national life.
• The State shall, in particular, strive to minimise the inequalities in income, and
endeavour to eliminate inequalities in status, facilities and opportunities, not only
amongst individuals but also amongst groups of people residing in different areas
or engaged in different vocations.

Article 39 {Certain principles of policy to be followed by the State}

The State shall, in particular, direct its policy towards securing -

• that the citizen, men and women equally, have the right to an adequate means of
livelihood;
• that the ownership and control of the material resources of the community are so
distributed as best to sub serve the common good;
• that the operation of the economic system does not result in the concentration of
wealth and means of production to the common detriment;
• that there is equal pay for equal work for both men and women;
• that the health and strength of workers, men and women, and the tender age of
children are not abused and that citizens are not forced by economic necessity to
enter avocations unsuited to their age or strength;
• that children are given opportunities and facilities to develop in a healthy manner
and in conditions of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material abandonment.
Article 39A {Equal justice and free legal aid}

The State shall secure that the operation of the legal system promotes justice, on a basis
of equal opportunity, and shall, in particular, provide free legal aid, by suitable
legislation or schemes or in any other way, to ensure that opportunities for securing
justice are not denied to any citizen by reason of economic or other disabilities.

Article 40 {Organisation of village panchayats}

The State shall take steps to organise village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of
selfgovernment.

Article 41 {Right to work, to education and to public assistance in certain cases}

The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to work, to education and to public assistance
in cases of unemployment, old age, sickness and disablement, and in other cases of
undeserved want.

Article 42 {Provision for just and humane conditions of work and maternity
relief}

The State shall make provision for securing just and humane conditions of work and for
maternity relief...

Article 43 {Living wage, etc., for workers}

The State shall endeavour to secure, by suitable legislation or economic organisation or

in any other way, to all workers agricultural, industrial or otherwise, work, a living
wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure
and social and cultural opportunities and, in particular, the State shall endeavour to
promote cottage industries on an individual or co-operative basis in rural areas.

Article 43A {Participation of workers in management of industries}

The State shall take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertakings, establishments or other
organisation engaged in any industry. Provision mentioned in this part is not enforceable
by Court orders

Article 44 {Uniform civil code for the citizen}

The State shall endeavour to secure for the citizens a Uniform Civil Code throughout
the territory of India.
Article 45 {Provision for early childhood care and education to children below
the age of six years}

The State shall endeavour to Provide early childhood care and education for all children
until they complete the age of six years.

Article 46 {Promotion of educational and economic interests of Scheduled Castes,

Scheduled Tribes and other weaker sections}

The State shall promote with special care the educational and economic interests of the
weaker sections of the people, and in particular, of the Scheduled Castes and the
Scheduled Tribes, and shall protect them from social injustice and all forms of
exploitation.

Article 47 {Duty of the State to raise the level of nutrition and the standard of
living and to improve public health}

The State shall regard the raising of the level of nutrition and the standard of living of
its people and the improvement of public health as among its primary duties and, in
particular, the State shall endeavour to bring about prohibition of the consumption
except for medicinal purpose of intoxicating drinks and of drugs which are injurious to
health.

Article 48 {Organisation of agriculture and animal husbandry}

The State shall endeavour to organise agriculture and animal husbandry on modern and
scientific lines and shall, in particular, take steps for preserving and improving the
breeds, and prohibiting the slaughter, of cows and calves and other milch and draught
cattle.

Article 48A {Protection and improvement of environment and safeguarding of

forests and wild life}

The State shall endeavour to protect and improve the environment and to safeguard the
forests and wild life of the country.

Article 49 {Protection of monuments and places and objects of national

importance}

It shall be the obligation of the State to protect every monument or place or object of
artistic or historic interest, declared by or under law made by Parliament to be of
national importance, from spoliation, disfigurement, destruction, removal, disposal or
export, as the case may be.
Article 50 {Separation of judiciary from executive}

The State shall take steps to separate the judiciary from the executive in the public
services of the State.

Article 51 {Promotion of international peace and security}

The State shall endeavour to -

• promote international peace and security;

• maintain just and honourable relations between nations;
• foster respect for international law and treaty obligations in the dealings of
organised people with one another; and
• encourage settlement of international disputes by arbitration.