CHAPTER-1:

INTRODUCTION

Human Rights in India

Since the days of the Indus Valley Civilization, Indian culture has been the product of a synthesis
of diverse cultures and religions that came into contact with the enormous Indian sub-continent
over a very long stretch of time. As Jawaharlal Nehru notes, there is ”an unbroken continuity
between the most modern and the most ancient phases of Hindu thought extending over three
thousand years.” The rights of man have been the concern of all civilizations from time
immemorial.” The concept of the rights of man and other fundamental rights was not unknown to
the people of earlier periods.” The Babylonian Laws and the Assyrian laws in the Middle East,
the ”Dharma” of the Vedic period in India and the jurisprudence of Lao-Tze and Confucius in
China, have championed human rights throughout the history of human civilization.

The Indian concept perceives the individual, the society and the universe as an organic whole,.
Everyone is a child of God and all fellow beings are related to one another and belong to a
universal family. In this context, Mahatma Gandhi remarks,”I do not want to think in terms of
the whole world. My patriotism includes the good of mankind in general. Therefore my service
to India includes the services of humanity.”

Definitions of Human Rights

According to Jeremy Bentham,

“The basic rights and freedoms that all humans should have the right to life and liberty,
freedom of thought and expression, equality before the law”

In the words of Abraham Lincoin

“Nation conceived in liberty, and dedicated to the proposition that all man are created
equal”

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”.
 CHAPTER-2

HISTORICAL PROSPECTIVE

Origin and Development of Human Rights in India

The Buddhist doctrine of non-violence in deed and thought says Nagendra Singh, ”is a
humanitarian doctrine par excellence, dating back to the third century B.c”. Jainism too
contained similar doctrines. According to the Gita,”he who has no ill will to any being, who is
friendly and compassionate, who is free from egoism and self-sense and who is even-minded in
pain and pleasure and patient” is dear to God. It also says that divinity in humans is represented
by the virtues of non-violence truth, freedom from anger, renunciation, aversion to fault-finding
compassion to living being:;, freedom from covetousness, gentleness modesty and steadiness
-the qualities that a good human being ought to have. The historical account of ancient Bharat
proves beyond doubt that human rights were as muck manifest in the ancient Hindu and Islamic
civilizations as in the European Christian civilizations. Ashoka, the prophet Mohammed and
Aktbar cannot be excluded from the geneology of human rights.

Human Rights in Ancient Times

The concept of human right is not from western region. It is the crystallization of the values
which are common for all the mankind. The United Declaration of Human Rights (1948) did not
come from the leaved suddenly but its a milestone on the path on which the concept of human
right is already travelling for centuries. In fact, the language of human right is the product of
European countries but the concept of human rights is as old as the Indian culture. The humans
expressed their concern towards human rights and fundamental freedom for all since the Vedic
age.

In ancient India, the trace of the concept of human rights can be paved back from the Vedas
period of the fifteen century B.C. There are wide range of stories, pronouncements found which
showed the way to the concept of human rights.In Vedas, human right is signified with the
concept of equality. The Charter of equality of all as defined in the Vedas in the following
words-No one is superior inferior allshould strive for the interest of alland should progress
collectively.Kautilya beautifully sum up the concept of welfare state by saying that the happiness
of the state lies in the happiness of his subjects.Under the period, the civil and legal rights first
formulated by Manu but also added a number of economic rights. From the fact and stories, it is
truly revealed that the society under vedic period was well stimulated and organized and
committed towards human right. In fact, the importance of human rights were well supported by
Jainism, Buddhism and other minority religious group. No discussion of human rights and their
roots in the ancient period is left without giving the reference of Ashoka. Ashoka inscribes, “All
men are my children and just desire for my children that they may enjoy every kind of prosperity
and happiness with in this world and in the next, as also as I desire the same for all men”. In fact,
the king Ashoka worked day and night for the protection of human rights. It’s unfortunate that
the decline of human rights were witnessed with the decline of Mauryan Empire.

Human Rights in Medieval Times

As medieval period signifies the Muslim era in India. In the pre-mughal period the series of
social, cultural, political and religious rights were existed but with the advent of Mughal, the
Hindus were stressed badly. The concept of human rights got lost in the dark. But with the entry
of Akbar’s (1526-1605) period, once again great regard given to the social, religious and political
rights. In his religious policy, Din-E-Ilahi (divinereligion), he tried to preach the idea of
secularism and religious tolerance. Similarly, Various religious movements like Bhakti (Hindu)
and Sufi (Islamic) made remarkable contribution to the emergence of human rights which at
times suppressed by the other Mughal Empires like Aurangzeb, Babar, Humayun etc.

Human Rights in Modern India

This period starts from the advent of British empire. The process of Indian administration started
by the Britishers with the introduction of Regulating Act of 1773. Under it, Indian were
surpressed by the Britishers completely in context to social, economical, political & religious
rights in all the sphere of life. They were told that they did not deserve any rights. Basic rights
such as rights to life & livelihood, right to freedom, right to expression, right to equality, right to
preach etc were denied to them.In such a atmosphere, the Indian leaders & people feel that their
rights had been lost in the hands of the colonial rule, so they thought of diverting back to fight
for their rights. Perhaps the first explicit demand for fundamentals rights appeared in the
Constitution of India Bill 1895. The Bill guaranted every Indian the right to expression, right to
equality before law, right to property, right to personal liberty, right to education etc. A series of
resolution were passed between 1917 & 1919 for demanding civil rights & equality. Another
major development was drafted by “Mrs. Besant ‘s Common wealth of 1925.” The Bill contained
a list of seven fundamental rights –

 Liberty of person.
 Freedom of conscience & free profession & practice of religion.
 Free expression of opinion.
 Free elementary education.
 Use of roads, public places, courts of justice & the like.
 Equality before the Law, irrespective of consideration of nationality.
 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.

Constituent Assembly and Human Rights

The Indian Constitution was framed by the Constituent Assembly of India, which met for the
first time on December 9, 1946. The Constitution of India gave primary importance to human
rights to quote Guha. ”The demand for a declaration of fundamental rights arose from four
factors.

 Lack of civil liberty in India during the British rule

 Deplorable social conditions, particularly affecting the untouchables and women
 Existence of different religious, linguistic, and ethnic groups encouraged and exploited
by the Britishers
 Exploitation of the tenants by the landlords

The Constituent Assembly incorporated in the Constitution of India the substance of the rights
proclaimed and adopted by the General Assembly in the Universal Declaration of Human Rights.
Further on 10th December 1948, when the Constitution of India was in the making, the General
Assembly proclaimed and adopted the Universal Declaration of Human Rights, which surely
influenced the framing of India’s Constitution. Viewed from the Indian standpoint, human rights
have been synthesized,as it were, not as an integrated fabric by the Preambular promises and
various Constitutional clause of the National Charter of 1950
 CHAPTER-3

HUMAN RIGHT AND THE INDIAN CONSTITUTION

Human Rights Enshrined in Indian Constitution

The Constitution of the Republic of India which came into force on 26th January 1950 with 395
Articles and 8thSchedules is one of the most elaborate fundamental laws ever adopted.
Human Rights in the Indian Constitution can be found in the Preamble of the Constitution of
India. In addition to it, Part III- related to fundamental rights, Part IV-Directive Principles
which together form the core of the Constitution.

PREAMBLE: It is the sort of introductory statement that gives the guiding purpose & principle
of the document Preamble stated :

WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC & to secure to all its
citizens – JUSTICE, social, economic & political IBERTY of thought, expression, belief, faith &
worship EQUALITY of status & of opportunity and to promote among them all FRATERNITY
assuring the dignity of the individual & the unity & integrity of the Nation.

The fundamental rights

The rights that are basic for the freedom of humans so that they can live & enjoy as it for the
proper & harmonious development of their personality are known as fundamental rights. These
rights are applied universally irrespective of caste, race, creed, religion, color or gender. They are
enforced by the courts subject to certain articles. There are six fundamentals rights which are as
follows:

India and the Universal Declaration

India was a signatory to the Universal Declaration of Human Rights. A number of fundamental
rights guaranteed to the individuals in Part III of the Indian Constitution are similar to the
provisions of the Universal Declaration of Human Rights. The following chart makes it very
clear.

NO. NAME OF RIGHTS UNIVERSAL INDIAN

DECLARATION CONSTIOTION
01 Equality before law Article 07 Articles 14
02 Equality of opportunity in matters of Article 21(2) Article 16(1)
public employment
03 Protection of certain rights regarding Article 19 Article 19(1) A
freedoms of speech etc.
04 Protection in respect of conviction for Article 11(2) Article 20 (1)
offences
05 Protection of life and personal liberty Article 9 Article 21
06 Prohibition of trafficking in human Article 14 Article 23
beings and forced labor
07 Freedom of conscience and free Article 18 Article 25 (1)
Profession practice and propagation of
religion
08 Protection of Interests of minorities Article 22 Article 29 (1)
09 Right of minorities to establish and Article 20(3) Article 30(1)
administer Educational Institutions
10 Right to property Article 17 (2) Not a fundamental
rights after
amendment 44, but
now in Article 300A
11 Remedies for enforcement of rights Article 8 Article 32
conferred by this part
Table 1: Similarities between Universal Declarations of Human Rights and Indian Constitution