Introduction
Human rights are the basic rights and freedoms that every individual is entitled to by virtue of being human. They ensure dignity, equality, and justice in society. In the Indian context, human rights derive their foundation from the country’s civilizational ethos, freedom struggle, and constitutional framework. The Constitution of India not only enshrines fundamental rights but also provides mechanisms for their enforcement, making India one of the largest democracies committed to human rights.
Historical Evolution of Human Rights in India
The idea of human rights in India can be traced back to:
Ancient India: Principles of Dharma, equality, and respect for life found in Vedas and Upanishads.
Medieval Period: Bhakti and Sufi movements emphasized equality, tolerance, and dignity.
Colonial India: British rule saw suppression of rights but also gave rise to freedom movements demanding equality, justice, and self-determination.
Post-Independence: The Constitution of India (1950) became the primary guardian of human rights, influenced by the Universal Declaration of Human Rights (UDHR).
Constitutional Provisions for Human Rights in India
The Indian Constitution provides a robust foundation for human rights:
1. Fundamental Rights (Part III)
Right to Equality (Articles 14–18) – equality before law, abolition of untouchability, and titles.
Right to Freedom (Articles 19–22) – freedom of speech, expression, assembly, movement, and protection from arbitrary arrest.
Right against Exploitation (Articles 23–24) – prohibits human trafficking, child labour, and forced labour.
Right to Freedom of Religion (Articles 25–28) – ensures religious freedom and secularism.
Cultural and Educational Rights (Articles 29–30) – protects rights of minorities.
Right to Constitutional Remedies (Article 32) – described by Dr. B.R. Ambedkar as the “heart and soul” of the Constitution.
2. Directive Principles of State Policy (Part IV)
Although non-justiciable, they direct the State to ensure social and economic rights such as livelihood, education, and health.
3. Fundamental Duties (Part IVA)
Encourage citizens to respect the rights of others, thereby creating a balance between rights and responsibilities.
Role of Judiciary in Protecting Human Rights
The Supreme Court of India and High Courts play a crucial role through judicial activism and public interest litigation (PIL). Some landmark judgments include:
Kesavananda Bharati Case (1973): Established the basic structure doctrine, protecting fundamental rights.
Maneka Gandhi v. Union of India (1978): Expanded the interpretation of Article 21 (Right to Life and Personal Liberty).
Vishaka v. State of Rajasthan (1997): Recognized protection against sexual harassment at the workplace as a fundamental right.
Human Rights Protection Act, 1993
To strengthen institutional mechanisms, the Protection of Human Rights Act, 1993 established:
National Human Rights Commission (NHRC) – monitors violations, gives recommendations, and spreads awareness.
State Human Rights Commissions (SHRCs) – safeguard rights at the state level.
Human Rights Courts – for speedy justice in rights violation cases.
Human Rights Challenges in India
Despite constitutional safeguards, challenges remain:
Gender inequality and violence against women.
Caste discrimination and atrocities against Dalits and marginalized communities.
Child labour and human trafficking.
Custodial violence and police brutality.
Environmental rights violations due to industrialization.
Digital rights and privacy concerns in the era of surveillance.
Human Rights and Indian Society
Human rights are not just legal guarantees but also a reflection of India’s pluralism, diversity, and democratic ethos. Civil society, NGOs, and the media play a vital role in promoting awareness and demanding accountability.
Conclusion
Human rights in the Indian context are deeply embedded in the Constitution, judicial pronouncements, and democratic institutions. While India has made remarkable progress in safeguarding rights, persistent challenges require stronger implementation, awareness, and reforms. Protecting human rights is not just the duty of the State but a collective responsibility of all citizens to ensure dignity, equality, and justice for all.
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