Human Rights and Indian Constitution

Q. Impact of International Human Rights on Indian Constitution

The Universal Declaration of Human Rights (UNDHR), 1948 contains civil, political, economic, social and cultural rights. India is a signatory to the declaration. The constitution of India which came into force on 26^th January 1950 was greatly influenced by the declaration. The essence and the philosophy behind the UNDHR and the constitution of India are same. The Constitution of India recognizes these rights of the people and shows deep concern towards them. Constitution guarantees most of the human rights contained in Universal Declaration of Human Rights. Part III of the constitution contains civil and political rights, whereas economic, social and cultural rights have been included in Part IV of the Constitution.

The philosophy and objective of the Constitution of India is enshrined in the preamble which include equality, justice, liberty, fraternity and protection of the dignity of an individual. For the fulfilment of this objective Part III of the constitution guarantees fundamental rights to people which are essential for the development of an individual personality, these rights include right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights and the right to constitutional remedies. It is the duty of the central as well as state Governments to provide adequate conditions to each individual to enjoy their human rights. The constitution through Directive Principles of State Policy enshrined in the Part IV of the Constitution, ascertains the duties on the government to work for the welfare of the people and protection of human rights of the people. These are guiding principles for the state to make policies regarding distributive justice, right to work, right to education, social security, just and humane conditions of work, for promotion of interest of weaker section, raise the standard of nutrition and standard of living and to improve public health, protection and improvement of environment and ecology etc. so that each individual can enjoy rights to the fullest.

A number of fundamental rights guaranteed to individuals in Part-III of the Constitution and socio-economic rights given in Part-IV of the constitution are similar to the provision of the UNDHR.

Basis	Universal Declaration of Human Rights	Constitution of India
philosophy	Article 1:     All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.	Preamble of the Indian Constitution     WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, Social, Economic and Political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.
No discrimination based on race, colour, sex, religion	Article 2        Everyone is entitled to all the rights and freedoms set forth in this Declaration(Universal Declaration of Human Rights), without distinction of any kind, such as race, color, sex, language, religion, political or another opinion, national or social origin, property, birth or other status.	Article 15  Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Equality Before Law  &   Equal Protection of Law without any discrimination	Article 7 - All are equal before the law and are entitled without any discrimination to equal protection of the law.  Article 7(2) - All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.	Article 14 of the Indian Constitution - The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Right to Participate in the government of his Country	Article  21 (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right to equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.	Article 16(1) of the Indian Constitution, there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Right to freedom of opinion and expression	Article 19  everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.	According to Article 19(1) (a) of the Indian Constitution, all citizens shall have the right to freedom of speech and expression
Right to freedom of peaceful assembly and Association	According to Article 20(1) of the Universal Declaration of Human Rights, everyone has the right to freedom of peaceful assembly and association.	Article 19(1)(b) of the Indian Constitution, all citizens shall have the right to assemble peaceably and without arms.
Right to work and free choice of employment	Article 23 Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests.	Article 16(1) gives right to public employment and as per  Article 19(1)(c) of the Indian Constitution, all citizens shall have the right to form associations or unions or co-operative societies.
Right to freedom of movement and residence within the territory of a State.	Article 13(1) everyone has the right to freedom of movement and residence within the borders of each state.	Article 19(1)(d) of the Indian Constitution, citizens shall have the right to move freely throughout the territory of India.
Right to own property	Article 17 of the Universal Declaration of Human Rights says that everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property  .	Article 31 of the Constitution gives Right to own property Article 17 sub-clause (f) omitted. Persons not to be deprived of property save by authority of law -  no person shall be deprived of his property save by authority of law.
Freedom from Ex-Post-facto laws	Article 11 everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to the law in a public trial at which he has had all the guarantees necessary for his defense. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under the national or international law, at the time when it was committed Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.	Article 20(1) of the Indian Penal Code provides Protection in respect of conviction for offences including the rights against ex post facto laws, double jeopardy and freedom from self incrimnation. It says that  No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offense more than once. (3) No person accused of any offense shall be compelled to be a witness against himself.
Freedom from arbitrary arrest, detention or exile	Article 9 No one shall be subjected to arbitrary arrest, detention or exile. .	Article 22 provides specific rights to arrested and detained persons, in particular the rights to be informed of the grounds of arrest, consult a lawyer of one's own choice, be produced before a magistrate within 24 hours of the arrest, and the freedom not to be detained beyond that period without an order of the magistrate. The Constitution also authorizes the State to make laws providing for preventive detention subject to certain other safeguards present in Article 22. Article 21 provides protection of life and personal liberty it says that no person shall be deprived of his life or personal liberty except according to procedure established by law
Freedom from slavery or servitude	Article 4 of the Universal Declaration of Human Rights says that no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.	The Constitution of India: Article 23 of the Indian Constitution -Prohibition of traffic in human beings and forced labor (1) Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them
Right to freedom of thought, conscience, and religion	Article 18 of the Universal Declaration of Human Rights says  that everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.	Article 25 of the Indian Constitution gives rights to freedom of conscience and free profession, practice and propagation of religion.  It says all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
Economic, social and cultural rights	Article 22 everyone as a member of society, has the right to social security, and is entitled to realization through National effort and international co-operation and in accordance with the organization and resources of each state of the economic social and cultural rights indispensable for his dignity and the development of his personality.	Article 29  -   Protection of interest of minorities - (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same
Right to choose kind of education	Article 26(3) of the Universal Declaration of Human Rights, parents have a prior right to choose the kind of education that shall be given to their children.	Article 21A Right to Education a fundamental right of every child by virtue of the Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) which came into force on 1 April 2010.Article 30(1) o the Indian Constitution says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice
Article 8 right to effective remedy	Article 8 (of the Universal Declaration of Human Rights) -      Everyone has the right to an effective remedy by the competent National Tribunals for acts violating the fundamental rights granted to him by the constitution or by law.	Article 32 of the Indian Constitution -  Remedies for enforcement of rights conferred by this part (Part III) -   The right to move the supreme court by appropriate proceeding for the enforcement of the rights conferred by this part is guaranteed
Right to social security	Article 22 of the Universal Declaration of Human Rights, everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.	Article 39 of DPSP lays down certain principles of policy to be followed by the State, including providing an adequate means of livelihood for all citizens, equal pay for equal work for men and women, proper working conditions, reduction of the concentration of wealth and means of production from the hands of a few, and distribution of community resources to "subserve the common good" Articles 41–43 of DPSP  mandate the State to endeavour to secure to all citizens the right to work, a living wage, social security, maternity relief and a decent standard of living.

To conclude, international norms related to human rights as given in the UN Declaration are fully incorporated in Indian Constitution.