ENVIRONMENTAL STUDIES AND HUMAN RIGHTS

Human Rights - The Indian Perspective

Human Rights in India
The Indian Constitution gives top priority to human rights. The Human Rights Law in
India can be categorized into three heads:
1. Human Rights and the Indian Constitution.
2. Human Rights under the protection of Human Rights Act 1993.
3. Other Measures for the protection of the Human Rights.
Human Rights in Indian Constitution
The constitution of India is one of the most right-based constitutions in the world. India
is one of the few countries that protect Human Rights through its Constitution. The
Constitution was drafted around the same time when the Universal Declaration of
Human Rights by the United Nations came into force (1948). Indian constitution
provides the spirit of human rights in its preamble and the sections on Fundamental
Rights and Directive Principle of State Policy.
The Constituent Assembly drafted the Indian Constitution and was adopted on 26th
November 1949 and came into force on 26th January 1950. It is an elaborate
document comprising 395 Articles divided into 22 parts and 9 Schedules. No
Constitution of the world is so wide and comprehensive as Indian Constitution. It has
made elaborate provisions relating to Human Rights and Fundamental Freedoms in
the chapters of Preamble, Fundamental Rights, Directive Principle of State Policy and
Fundamental Duties. These provisions of the Constitution contain most of the
important aspects of Human Rights and fundamental Freedoms provided in the
Charter of the United Nations and Universal Declaration of Human Rights 1948.
Fundamental Rights of Indian Citizens
Fundamental rights are defined as basic human freedom for a proper and harmonious
development of personality of every Indian citizen. It guarantees that the residents of the
land can lead a peaceful life, as long as they inhabit the country. These fundamental rights
apply to all Indian citizens, irrespective of caste, creed, colour, sex, race or place of birth.
They are also enforceable by the courts, subject to certain restrictions.

The fundamental rights recognised by the Indian constitution are:

1. Right to Equality
The right to equality includes equality before law, prohibition of discrimination on
grounds of religion, race, caste, gender or place of birth, and equality of opportunity.

2. Right to Freedom
Cultural and Educational Rights are given to the Citizens of India to conserve their
cultural practices and that they must have access to education. The right to freedom
include freedom of speech and expression, right to assembly, right to practice any
profession etc.

3. Right against Exploitation

The right against exploitation prohibits all forms of forced labour, child labour and
trafficking of human beings.
Fundamental Rights of Indian Citizens
4. Right to Freedom of Religion
The right to freedom of religion includes propagation of religion, freedom to manage
religious affairs, freedom from certain taxes and freedom from religious instructions in
certain educational institutes.

5. Cultural and Educational Rights

Cultural and educational rights preserve the right of any citizens to conserve their
culture, language and right of minorities to establish and administer educational
institutions.

6. Right to Constitutional Remedies

The right to constitutional remedies is present for enforcement of Fundamental Rights. It
empowers the citizens to move to a Court of Law in case of any denial of fundamental
rights.
The Constitutional Context of Human Rights
The Constitution of the Republic of India which came into force on 26th January 1950
with 395 Articles and 8 Schedules is one of the most elaborate Fundamental Laws ever
adopted. The Preamble to the Constitution declares India to be a sovereign, socialist,
secular and democratic republic.

Sovereignty is the full right and power of a governing body without any interference
from outside sources or bodies.

Socialism is a populist economic and political system based on public ownership of the
means of production.

Secularism is the social order which ensures and protects freedom of religious belief
and practice for all citizens.

Democratic denotes that the Government gets its authority from the will of the people. It
gives a feeling that they all are equal irrespective of the race, religion, language, sex and
culture.
Directive Principle of State Policy and Human Rights
The Directive Principles of State Policy (DPSP) are the guidelines or
principles given to the federal institutes governing the country. The
principles have been inspired by the Directive Principles given in the
Constitution of Ireland which are related to social justice, economic
welfare, foreign policy, and legal and administrative matters. These
provisions are contained in Part IV (Article 36-51) of the Constitution of
India and it is the duty of the State to apply these principles in making
laws to establish a just society in the country.

The directive principles consists of the following guidelines:

1. The state should strive to promote the welfare of the people.

2. It should maintain social order through social, economic and
political justice.
3. The state should strives towards removing economic
inequality.

The Directive Principles cannot be enforced in a Court of Law and the

state cannot be sued for non-compliance of the same.
Rights of the Children in India
The declaration related to the rights of children is the most obvious and comprehensive in the
International Human Rights Law.

● Child Labour (Prohibition and Regulation) Act, 1986

The most controversial legislation related to children’s right in India is “Child Labour Act,
1986”. The Act clearly states the areas where children can work.

● Right to Education
Article 21-A has been included as a fundamental right in the Indian Constitution by the
68th Constitution Amendment Act, 2002, in which provision has been made to provide free
and compulsory education to all children under the age group of 6-14 years.

● Prohibition of Child Marriage Act 2006

Prohibition of Child Marriage Act 2006 in India was implemented from November 1, 2007.
UNICEF has defined the marriage of girls before the age of 18 years as a child marriage
and for boys this age is 21 years and its violation is considered as the violation of human
rights. The government of India passed The Child Marriage Act 2006 to prevent the child
marriages in India. Child Marriage Restraint Act, 2006 was brought in place of Child
Marriage Restriction Act-1929.
Rights of the Children in India
● The Protection of Children from Sexual Offences Act (POCSO
Act) 2012
In India this act has been implemented for both male and female.
The act makes child sexual abuse a punishable offence.

● Juvenile Justice (Care and Protection of Children) Act, 2015

The Juvenile Justice (Care and Protection of Children) Amendment
Bill 2015 has been passed by the Rajya Sabha. As per the Act
children under the age of 16 years are grouped under Juvenile.

● Child Trafficking
According to UNICEF, any person under the age of 18 is recruited,
transported, transferred or sheltered for the purpose of exploitation
within or outside the country, then it falls under the crime of child
trafficking.
Human Rights of Minority
India is the largest democracy of the world with secular character which is governed by the
Constitution. The indian Constitution has conferred certain rights to minorities, in order to give them a
sense of security and confidence in the country.

Constitutional Provisions Relating to Minority Rights

The safeguards for minorities under the Constitution of India are in the form of fundamental rights.
Firstly, the Constitution nowhere discriminate among the citizens of India on the grounds of religion,
race, caste. Secondly, the rights conferred under Articles 25 to 30 are fundamental rights. The State is
duty bound to protect the fundamental rights. If fundamental rights are infringed, the remedy lies under
Articles 32 and 226.

A person can directly approach the Supreme Court or the High Court in case of violation of
fundamental rights.
The true spirit and intention of the Constitution is to provide a very formal and water tight arrangement
for safeguarding the interest of minorities.

There are some Articles in the Constitution of India that exclusively safeguards minority's rights,
whereas, there are certain Articles though not specifically meant for minorities, but they strengthen
minorities' rights.
Human Rights of Minority
Safeguards of Minority rights in Indian Constitution are:

1. Article 14: Equality before law.

2. Article 15: Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth

3. Article 16: Equality of opportunity in matters of public employment

4. Article 21: Protection of life and personal liberty

5. Article 25: Freedom of conscience and free profession, practice and propagation of religion

6. Article 26: Freedom to manage religious affairs

7. Article 27: Freedom as to payment of taxes for promotion of any particular religion

8. Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

9. Article 29: Cultural and educational rights of minorities

10. Article 30: Right of minorities to establish and administer educational institutions
Human Rights of Prisoners
Article 21 of the Constitution of India provides that "no person shall be deprived of his
life and Personal Liberty except according to procedure established by law". The
word prisoner means, any person who is kept under custody in jail or prison as he
has committed an Act prohibited by the law of the Land. Though the prisoners are
guilty of offence they should be treated with humility and dignity.

Article 10 of the International Covenant on Civil and Political Rights declares

that:
1. All persons deprived of their liberty shall be treated with humanity and with
respect to the inherent dignity of the human person.
2. Accused persons shall save in exceptional circumstances, be segregated
from convicted persons and shall be subject to separate treatment
appropriate to their status as unconvicted persons. Accused juvenile persons
shall be separated from adults and brought as speedily as possible to
adjudication.
3. There should be facility for medical and psychological treatment to the
prisoners with the aim of their reformation and social rehabilitation. Juvenile
offenders shall be segregated from adults and be accorded treatment
appropriate to their age and legal status.
National Human Right Commission (NHRC)
The topic of Human Rights had been a very serious issue since the Second
World War. The United Nations Human Rights Commission adopted the
'Paris Principles', which is a guiding light for resolving international human
rights issues. India also had to follow the principles for securing human
rights. Though human rights were enshrined in the Indian Constitution, there
was absence of a specific system to Protect and safeguard the human rights
in India. Hence, the country had to set up a National Human Rights
Commission for the purpose.

India's National Human Rights Commission is a statutory public body

constituted under the Protection of Human Rights Ordinance. It was created
in 1993, as a response to increasing international awareness. It has been
given a statutory base by The Protection of Human Rights Act, 1993
(TPHRA).
The Functions of the National Human Rights Commission
NHRC today enjoys a very wide mandate, receiving over 70,000 complaints
every year. Through recommendations and requests for inquiries, the
Commission seeks to resolve human rights violations across India.

Legal proceedings - The commission has the power to intervene in human

rights proceedings, which may be pending before the court. NHRC officials are
empowered to visit jails to inspect living conditions of prisoners.

Instrument of policy - The NHRC can review and make recommendations in

Constitutional and legal safeguards. It can also review international treaties and
events that may compromise human rights. It can make recommendations about
granting relief to the victims and their families.

Human rights literacy - The NHRC also serves as the basis of human rights
literacy in India, initiating awareness of rights through publications, media
channels and seminars. Common themes in India's contemporary human rights
violation history include labour law, extrajudicial killing, sexual violence etc.

Review of safeguards - The Commission can review the safeguards provided by

the Constitution for the time being in force, for the protection of human rights and
recommend measures for their effective implementation.
The Functions of the National Human Rights Commission
Making suggestions - The Commission can review the factors, including acts of
terrorism that inhibit the enjoyment of human rights and recommend appropriate
remedial measures.

Human rights education: The Commission undertakes and promotes research

in the field of human rights. They engage in human rights education among
various sections of society and promote awareness of the safeguards available
for the protection of these rights through publications, the media, seminars and
other means.

Child rights: Child rights are often considered as the most critical of all human
rights. Children's rights apply to the special protection and care that minors under
the age of 18 are provided. Based on international legislations, these include
right to association with both parents, physical protection, food, free education,
healthcare, and legal protection from violence or discrimination.
Question
Part A
1. What do you mean by Fundamental Rights?
2. Define Fundamental Rights.
3. What do you mean by sovereignty?
4. What do you mean by secularism?
5. What do you mean by Directive Principles of State Policy?
6. What are the guidelines of Directive Principles of State Policy?
7. What do you mean by NHRC?
8. What are the aims of Human Rights Education?
9. Give a brief note on Human Rights of Prisoners.

Part B

1. What are the fundamental rights recognised by the Indian Constitution?

2. Explain the constitutional provisions related to Minority Rights.
3. What are the functions of the National Human Rights Commission?