Human Rights Protection in India 1

       Human Rights as commonly understood are the rights that are inherent in all persons. These are considered important due to their characteristics- inalienability and universality. Obligations related to ensuring that these rights are enjoyable by all equally and without any discrimination rests primarily with the State. There are numerous instruments at international level agreed upon by states which enumerates these rights. In India various steps have been taken for the protection of Human Rights the reference to both legislation enacted by the legislature(Parliament) of India and also to the cases decided by the Courts forming a part of Higher Judiciary (Supreme Court and High Courts) in India is made wherever required.

 

Human Rights and Indian Constitution:

Indian Constitution in its Part III and Part IV recognizes various rights. The point here which needs to be noted is that a notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called upon all member states to adopt these rights in their respective constitutions. 

Part III entitled ‘Fundamental Rights’ enumerates mainly all basic civil and political Rights, on the other hand Part IV entitled ‘Directive Principles of State Policy’ enumerates the human rights which are generally categorized as socio, economic and cultural rights. The rights under part III are judicially enforceable, but that is not the case for the rights finding their place under Part IV. The Constitution just requires the state to consider rights in part IV as fundamental principles in governance. These rights are as the goals set forth by the Constitution to be achieved by the state over a period of time.

The Civil and political rights which are expressly mentioned in the Constitution are:

1. The right to equality
2. The right to freedom
3. The right to freedom from exploitation
4. The right to freedom of religion
5. Cultural and educational rights 
6. The right to constitutional remedies. 

These are six rights are broad heads under which the Fundamental Rights in India are recognized by the Constitution.