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.
- 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
- 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
- Responsibility - We’ve an obligation to people, and that we ought to
shield their rights and freedoms.
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
Some Landmark Judgments that have successfully promoted Human Rights in 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.'
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
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.
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
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.
- Maneka Gandhi v. Union of India (1978) SCR (2) 621
- M.C Mehta v. Union of India (1987) SCR (1) 819
- Vishaka and Ors. V. State of Rajasthan (1997) AIR S.C 3011
- Navtej Singh Johar v. Union of India (2018) W.P (Crl.) 76 of 2016.