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Law And Human Rights: A Cardinal Parallel Relation

What Are Human Rights?

Human rights are an umbrella of ethical principles that apply to everybody. Human rights don't seem to be solely restricted to any explicit country instead it's terribly wide scope and are enclosed within the jurisprudence further as, area unit enclosed within the treaties and declarations that spell out specific rights that countries area unit needed to uphold. Several rights are provided to the groups of people consistent with the conventions lead by world organization Universal Declaration of Human Rights.

These include:
  • Marriage and Family- Each grown-up has the proper to marry and have a family if they need to, no one will force or prohibit them in doing thus and if there's any reasonably forceful activity then that falls underneath the reach of violation of Human Rights. Men and girls have constant rights once they area unit married, and once they area unit separated.
  • The Right to Your Own Things - Everybody has the proper to possess things or share them. No one ought to take our factors from United States while not a decent reason and if any individual takes our thing with malicious intention then that's violation of rights.
  • Freedom of Thought - We tend to all have the proper to believe what we wish to believe, to own a faith, or to alter it if we wish.
  • Freedom of Expression - We tend to all have the proper to create up our own minds, to assume what we tend to like, to mention what we expect, and to share our ideas with people.
  • The Right to Public Assembly - We tend to all have the proper to fulfill our friends and to figure along in peace to defend our rights. No one will create United States be part of a gaggle if we tend to don’t wish to.
  • The Right to Democracy - We tend to all have the proper to require half within the government of our country. Each grown-up ought to be allowed to settle on their own leaders.
  • Social Security - We tend to all have the proper to reasonable housing, medicine, education, and child care, enough cash to measure on and medical facilitate if we tend to area unit sick or recent.
  • Workers’ Rights - Each grown-up has the proper to try and do employment, to a good wage for his or her work, and to hitch a trades union.
  • The Right to Play - We tend to all have the proper to rest from work and to relax.
  • Food and Shelter for All - We tend to all have the proper to a decent life. Mothers and kids, people that area unit recent, dismissed or disabled, and every one individuals have the proper to be cared for.
  • The Right to Education - Education may be a right. School ought to be free. We must always find out about the world organization and the way to urge on with others. Our oldsters will opt for what we tend to learn.
  • Copyright - Copyright may be a special law that protects one’s own inventive creations and writings; others cannot create copies while not permission. We tend to all have the proper to our own means of life and to fancy the nice things that art, science and learning bring.
  • Honest and Free World - There should be correct order thus we are able to all fancy rights and freedoms in our own country and every one over the globe.
  • Responsibility - We’ve an obligation to people, and that we ought to shield their rights and freedoms.

Judicial Outlook
India being a democratic country, strives to protect the rights of the people. There are constant efforts by the government and other institutions of power that recognize the need to protect the rights of all the people. Our Constitution also embodies these principles in its framework and implements laws that strive to achieve the same.

Similarly, at an international level, efforts have been made by the United Nations through its Universal Declaration of Human Rights (1948), International Covenant on Civil and Political Rights (1966), International Covenant on Economic, Social, and Cultural Rights (1966). Similarly, the judiciary in India also ensures that it promotes human rights. This doe’s not just limit providing provisions for the fundamental rights but also the protection of these rights and ensuring everyone has the freedom to enjoy the rights.

In the past the rulings of India Judiciary in various landmark judgements advocates and ensures the protection of Humam Rights.

Landmark Judgements
Some Landmark Judgments that have successfully promoted Human Rights in India are:

Maneka Gandhi v. Union of India:

The petitioner (Maneka Gandhi) was a journalist who was asked to surrender her passport under the reason in the interest of the general public. The petitioner then filed a writ petition under Article 32 of the Constitution stating that the seizure of her passport was violative of her fundamental rights, specifically Article 14 (Right to Equality), Article 19 ( Right to Freedom of Speech and Expression) and Article 21 (Right to Life and Liberty). In this case, the judgment expanded the scope of Article 21 exponentially and ensured the protection of one's life and liberty in its real sense. Through this case, the court established that fundamental rights are not distinct and are mutually dependent on one another. Through this judgment, courts could interpret Article 21 in a way that benefitted the ordinary people and promoted the basic principles of 'human rights.'[1]

M.C Mehta v. Union of India

M.C Mehta filed public interest litigation under Article 21 & 32 of the Constitution and sought closure and relocation of the Sriram Caustic Chlorine Acid Plant, which was located in a thickly populated area of Delhi. The court held that a corporation owes an absolute and non-delegable duty to the community to ensure that no harm results from anyone on account of the hazardous nature of the activity which it has undertaken. Through this decision, the court upheld the Right to a clean environment and the Right to Life and Liberty under Article 21 by awarding exemplary compensation to the victims of the tragedy. In this case, the state safeguarded the human rights of the grieved victims.[2]

Vishaka and Ors. V. State of Rajasthan

Basic human rights to any individual will provide them a safe workplace with basic amenities and hygiene. The Vishaka case was a landmark judgment, as it sets the 'Vishaka Guidelines, ' which set norms against sexual harassment at the workplace. The violation of a woman and her fundamental rights that hampered her right to life and her right to live a dignified life, which forms an essential requirement for every individual in the workplace, brought about the need for the 'Vishaka Guidelines.' The absence of appropriate laws made the court look outside the ambit of Indian laws and to provisions of the 'Convention on the Elimination of All Forms of Discrimination against Women' for guidance which invariably stands as an example for an effort by law to promote human rights of individuals so that they can live peaceful, dignified life in the society.[3]

Navtej Singh Johar v. Union of India

Human rights are undeniable right to every individual regardless of their race, class, caste, gender, or sexual identity. In 2018, the Supreme Court of India unanimously held that Section 377 of the Indian Penal Code stated that consenting sexual conduct between two adults of the same sex as criminal is unconstitutional. This act was challenged because it was violative of the rights to privacy, freedom, and equality; it also discriminated against them and prevented them from living in a life of dignity with protection.

The discrimination based on sexual orientation, which forms an integral part of self-identity and denial of the same, violates the fundamental rights provided to the citizens. J Malhotra, in her decision, stated that the right to be left alone extends to spatial and decisional privacy and also concluded that history owes an apology to members of the LGBT community and their families for the suffrage through the centuries.

Thus, through the years, the law has made constant efforts to promote human rights and protect the oppressed and weaker sections through appropriate laws.[4]

Time and again judiciary has taken necessary steps to protect human rights but the laws and judicial system cannot do anything alone until and unless there is proper implementation of existing laws and policies in the country. If people are not even aware about their basic human rights then nether judiciary nor strict laws can do anything. Therefore it’s necessary that people should become aware about their basic human rights.

Law and society studies address the mutual relationship between law and society with its totally different actors, establishments, and processes. Law is formed and place into apply through social group processes. At the same time law effects and affects social amendment. On the far side a causative relationship, law is more understood to represent social establishments like the polity, family, property, corporation, crime, even the individual. Law and society studies represent a multi- and knowledge base field.

If dual emphasis and stress is being laid down on creating awareness and implementing existing laws and policies properly, then sooner or later we can assume that everyone will understand the essence and importance of basic human rights and the cases of violation of the same will plummet.

  1. Maneka Gandhi v. Union of India (1978) SCR (2) 621
  2. M.C Mehta v. Union of India (1987) SCR (1) 819
  3. Vishaka and Ors. V. State of Rajasthan (1997) AIR S.C 3011
  4. Navtej Singh Johar v. Union of India (2018) W.P (Crl.) 76 of 2016.

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