NAME: KANAK RAMESH KULKARNI

URN NO.: 2024-M-13092000

SEMESTER: 1ST
PROGRAM: LL.M in CONSTITUTIONAL LAW
COURSE: FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES
CA1

SUBMITTED TO
PROF. KEDAR KULKARNI
Q.1 Mentioning the origin and types of Rights, assess the importance Rights with case studies/
case laws in empowering citizens in India and the world.

The concept of human right began the start of the civilization on this earth. The human being in
order to live happily, needs the rights to smooth his/her life. From the beginning of human
history man struggled for his existence against nature and for liberty and freedom though these
struggles for achieving basic freedom. This struggle paved the way to the concept of human
rights.The most unique feature of human rights is that it is difficult to define but impossible to
ignore. Human rights denotes all those rights which are inherent in our nature and without which
humans can’t live. These rights are indispensible for the human dignity which they can enjoy
from birth to death.
II. MEANING
Human rights are commonly understood as “inalienable fundamental rights to which a person is
inherently entitled simple because she or he is a human being”.Human rights in the words of
A.A. said, “ are concerned with the dignity of the individual, the level of self-esteem that secures
personal identity & promote human community”. According to Scott Davidson, “The concept of
human rights is closely connected with the protection of individuals from the exercise of State,
Government or authority in certain area of their lives, it is also directed towards creation of
societal condition by the state in which individual are to develop their fullest potential”. Thus,
from the above cited definitions, it has been seen that human rights are the essential part for the
every human in order to live his/her life to the fullest.

(i) Liberty of person.

(ii) Freedom of conscience & free profession & practice of religion.
(iii) Free expression of opinion.
(iv) Free elementary education.
(v) Use of roads, public places, courts of justice & the like.
(vi) Equality before the Law, irrespective of consideration of nationality.
(vii) Equality of the sexes.

The resolution was passed in 1927 which came into effect in May 1928, Motilal Nehru as its
Chairman. It is known as Nehru Report which declared that its first concern of Indians was “to
secure the fundamental rights that had been denied to them.” Another achievement came in
context to fundamental right was the Karachi resolution adopted by the congress session held in
March 1931.The decade of 1940’s was generally marked by the emergence of fundamental rights
by the increased activities related to in by UN Assembly. The further stage of development of
fundamental rights in Indian context was the “Sapra Committee Report” published at the end of
1945.So, after Independence, time to time various laws made, suggestions came from the various
committees to enlarge the concept of fundamental rights by covering the entire human race.

TYPES OF RIGHTS:
The six fundamental rights of India are:
Right to equality: Article 14–18 of the Indian Constitution
Right to freedom: Article 19–22 of the Indian Constitution
Right against exploitation: Article 23–24 of the Indian Constitution
Right to freedom of religion: Article 25–28 of the Indian Constitution
Cultural and educational rights: Article 29–30 of the Indian Constitution
Right to constitutional remedies: Article 32–35 of the Indian Constitution

CASE LAWS:

In the landmark judgment, A.K. Gopalan v. The State of Madras, the Supreme Court held that
personal liberty means the “liberty of the body” which is freedom from arrest and detention from
false detention. The Supreme Court added that the meaning of the word ‘law’ means state made
law only. So clearly this was a narrow interpretation of the word Personal freedom and Law. But
in later cases, this view was redressed by the Judiciary. In the case of R.C. Cooper v. Union of
India (1970) the court held that the word personal liberty would not only include Article 21 but
also includes the 6 Fundamental Freedoms given under Article 19 (1).

CONCLUSION:

The Fundamental rights protect the individual from abuse by the government, as well as private
individuals and organizations. The purpose of the fundamental rights is to preserve individual
liberty and democratic principles based on equality of all members of society.
Fundamental rights and duties are an important part of the Indian constitution. There are six
fundamental rights that include right to equality, right to freedom, right against exploitation, right
to freedom of religion, cultural and educational rights, and right to constitutional remedies.

Q.2 Explain the evolution of Universal Declaration of Human Rights and give references to
National and International case laws which underscore the importance of Human Rights.

INTRODUCTION: The Universal Declaration of Human Rights (UDHR) is a milestone

document in the history of human rights. Drafted by representatives with different legal and
cultural backgrounds from all regions of the world, the Declaration was proclaimed by the
United Nations General Assembly in Paris on 10 December 1948 (General Assembly resolution
217 A) as a common standard of achievements for all peoples and all nations.
It sets out, interestingly, principal common freedoms to be generally secured and it has been
converted into more than 500 dialects. The UDHR is broadly perceived as having motivated, and
prepared for, the reception of in excess of seventy common freedoms deals, applied today on a
long-lasting premise at worldwide and provincial levels (all containing references to it in their
prefaces). Though acknowledgment of the inborn nobility and of the equivalent and basic
privileges of all individuals from the human family is the underpinning of opportunity, equity
and harmony on the planet.

While dismissal and hatred for basic liberties have brought about brutal demonstrations which
have shocked the heart of humankind, and the coming of a world wherein individuals will
appreciate the right to speak freely of discourse and conviction and independence from dread and
need has been declared as the most elevated desire of the everyday citizens.

INTERNATIONAL DIMENSIONS and WAY FORWARD:

The Universal Declaration of Human Rights(UDHR) is an achievement report that laid out a
typical norm for common freedoms all over the planet. The UDHR’s worldwide aspects include:
All inclusiveness: The UDHR applies to all individuals, no matter what their race, variety, belief,
religion, or different attributes.
Inseparable: The UDHR’s 30 articles are similarly significant, and removing one right adversely
influences all the others.
Interdependency: The UDHR’s standards are reliant.
Motivation: The UDHR roused the reception of in excess of 70 common liberties deals, which
are applied worldwide and territorially.
Interpretation: The UDHR has been converted into more than 500 dialects.

The UDHR was embraced by the Unified Countries General Get together on December 10, 1948.
It incorporates:
Common and political freedoms, like the right to life, freedom, and protection
Financial, social, and social freedoms, like the right to federal retirement aide, wellbeing, and
satisfactory lodging
Different privileges, for example, the option to be liberated from torment, the right to opportunity
of articulation, and the right to instruction

The UDHR isn’t lawfully restricting, however numerous public constitutions and homegrown
legitimate structures integrate its securities.
While it is fundamental, in the event that man isn’t to be constrained to have response, if all else
fails, to defiance to oppression and persecution, that common liberties ought to be safeguarded
by law and order.

The UDHR is an achievement report. Interestingly, the world had an internationally concurred
report that noticeable out all people as being free and rise to, paying little heed to sex, variety,
belief, religion or different qualities.

The 30 rights and opportunities set out in the UDHR incorporate the option to be liberated from
torment, the right to opportunity of articulation, the right to schooling and the option to look for
refuge. It incorporates common and political freedoms, like the privileges to life, freedom and
security. It likewise incorporates monetary, social and social freedoms, like the privileges to
government managed retirement, wellbeing and sufficient lodging.

CASE LAWS:
Commission asks remarks from Karnataka Government
On the demise of a kid in Perception Home taking suo-motu perception of a news thing subtitled
“Perception Home under scanner/Kid found dead in Perception Home” which showed up in a
public everyday dated 14 December 2004, the Commission has asked the Main Secretary,
Legislature of Karnataka, to investigate the claims held in it and present his remarks in two
weeks or less.
The paper had detailed that 14-year-old Santosh, a detainee of Perception Home, Madivala,
Bangalore, Karnataka, was found balancing by a rope from the roof of the latrine on 13
December 2004. As per the report, the departed was placed in the Perception Home on charges of
burglary and serious self destruction. It likewise expressed that 35 young men stopped in the
Perception Home were apparently stunned and as of now not had any desire to remain in the
premises. The report additionally revealed that Ms. Brinda Adiga of Makkala Sahaya Vani, the
kids’ assist with covering charged the staff in the Perception Home as being not adequately gifted
to deal with adolescents. No suggestion about the passing in the Perception Home has so far been
gotten in the Commission from the specialists concerned.
That’s what the Commission saw assuming the items in the report are valid, the issue brought up
in it causes serious worry about the security of basic freedoms of adolescents held up in the
Perception Homes in Karnataka.