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Introduction to Human Rights

  • Speaker: Dr. Anant Kalse, Principal Secretary, Maharashtra Legislature Secretariat.

  • Event held at UGC - HRDC, Mumbai on 30th December 2016.

Defining Human Rights

  • Human Rights are minimal rights each person possesses against the state or public authorities, inherent due to being a part of the human family.

  • The historical roots of human rights lie in 'natural rights' which emerged from natural law.

  • Natural rights are intrinsic to humanity, identified through reason and self-determination.

  • The modern notion of human rights evolved post-World War II following the atrocities of the war and the establishment of international instruments.

Historical Development of Human Rights

  • Post-WWII events led to significant developments in human rights, including:

    • Universal Declaration of Human Rights (UDHR): Adopted in 1948 by the United Nations, marking an essential step in human rights advocacy.

    • Other key documents include the UN Charter (1945) and International Covenants on Civil, Political, Economic, Social, and Cultural Rights (1966).

  • The idea of human rights transformed from being privileges of the elite to recognizing individual rights.

Human Rights in India

  • India is a signatory to key international human rights agreements, influencing its constitution.

  • The Preamble of the Indian Constitution emphasizes the dignity of individuals, reflecting the influence of the UDHR in formulating the Constitution.

  • Part III of the Constitution embodies Fundamental Rights, evolving from the concept of natural rights.

Fundamental Rights vs. Directive Principles

  • Fundamental Rights serve as limitations on state powers and must be ensured through judicial review.

  • Directive Principles in Part IV reflect the aspirational goals of the Constitution.

    • Example: Article 21: "No person shall be deprived of his life or personal liberty except according to procedure established by law."

Right to Life and Personal Liberty

  • Article 21: Expanded by the Supreme Court to include human dignity and basic necessities such as nutrition, clothing, and shelter.

  • The right to life encompasses cultural and heritage aspects, emphasizing it is not merely animal existence.

Right to Privacy

  • Initially, the right to privacy was denied under Article 21, but later recognized by the Supreme Court.

  • Key rulings that shaped this recognition include Kharak Singh v. State of U.P. and State of Maharashtra v. Madhukar Narayan Mardikar.

Compensatory Justice

  • The Judiciary has established that the state can be liable for compensation for violations of fundamental rights.

  • Article 39-A mandates equal justice and free legal aid for all citizens.

Environmental Rights

  • The Supreme Court has interpreted Article 21 to include the right to a clean environment, as seen in cases like the Doon Valley Case and M. C. Mehta v. Union of India.

Typical Fundamental Rights in the Constitution

  • Political and civil rights in Part III include:

    • Right to Equality (Articles 14-16)

    • Six Freedoms (Article 19)

    • Right to Life & Personal Liberty (Articles 20-22)

    • Freedom of Religion (Articles 25-28)

    • Cultural and Educational Rights (Articles 29-30)

    • Right Against Exploitation (Articles 23-24)

    • Right to Constitutional Remedies (Article 32)

Directive Principles of State Policy

  • Enshrined in Part IV, these include:

    • Right to adequate means of livelihood (Article 39)

    • Right to equal pay for equal work (Article 39(d))

    • Right to work, education, and public assistance (Article 41)

    • Health and nutrition improvements (Article 47)

Unenumerated Rights and Progressive Interpretation

  • The Supreme Court recognizes unnamed rights that "emanate" from named rights, marking a broad interpretation of the Constitution's provisions.

  • Examples of such rights include privacy, human dignity, health, and education.

Conclusion

  • The responsibility of protecting human rights lies not only with the state but with every individual.

  • An emphasis on education regarding human rights and awareness efforts are crucial for ensuring rights are upheld.