The Role of Human Rights in The Indian Legal System
Shubhi Singh
Chhatrapati Shahu Ji Maharaj University, Kanpur
This Article is written by Shubhi Singh, a Fourth-Year law student of Chhatrapati Shahu Ji Maharaj University, Kanpur
Introduction
Human rights may be regarded as those fundamental rights which are essential for life as a human being. Human rights are universal rights inherent to all of us, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. Human rights are fundamental freedoms that allow us to fully develop and use human qualities, our intelligence our talents, our conscience and to satisfy our physical, spiritual, and other needs. They are based on mankind’s increasing demands for a life in which the inherent dignity and worth of each human being receive respect and protection. “Human rights as sometimes called fundamental rights or basic rights or natural rights. As fundamental rights or basic rights, they are the rights which cannot, rather must not, be taken away by any legislature or any act of the Government and which are often set out in a constitution.
Constitutional Provisions
The Indian Constitution enshrines a range of human rights under various provisions, which can be broadly categorized into Fundamental Rights and Directive Principles of State Policy.
Fundamental Rights: These rights are justifiable and form the bedrock of individual liberties in India. They include:
Right to Equality (Articles 14-18): Ensures equality before the law and the prohibition of discrimination based on religion, race, caste, sex, or place of birth.
Right to Freedom (Articles 19-22): Guarantees freedoms such as speech and expression, assembly, association, movement, residence, and profession.
Right against Exploitation (Articles 23-24): Prohibits human trafficking, forced labor, and child labor.
Right to Freedom of Religion (Articles 25-28): Protects individual religious freedoms and the right to manage religious affairs.
Cultural and Educational Rights (Articles 29-30): Protects the rights of individuals to conserve their culture, language, or script and the rights of minorities to establish and administer educational institutions.
Right to Constitutional Remedies (Article 32): Provides the right to move the courts for the enforcement of Fundamental Rights.
Directive Principles of State Policy: Though non-justifiable, these principles (Articles 36-51) guide the state in formulating and implementing policies aimed at ensuring social and economic justice. They include directives on securing a just and humane society, improving public health and education, and promoting the welfare of the marginalized.
The role of human rights in the Indian legal system:
The Indian Constitution, adopted in 1950, lays down the framework for the governance of India. While the constitution includes a comprehensive set of fundamental rights, it does not explicitly mention every aspect of human rights. However, through judicial interpretation, the Indian judiciary has played an important role in expanding the scope of human rights protection under the Indian Constitution.
· Judicial activism: The Indian judiciary, particularly the Supreme Court, has adopted a productive approach to protecting and promoting human rights. The Court has often relied on international human rights conventions, principles, and standards to interpret constitutional provisions and fill gaps where the Constitution is silent.
· Fundamental rights: The Indian Constitution contains a chapter on fundamental rights, which guarantees certain rights to the citizens of India. These rights include the right to equality, freedom of speech and expression, right to life and personal liberty, and the right to constitutional remedies. The Supreme Court has interpreted these provisions.
· Public interest litigation (PIL): The concept of PIL has played a significant role in bringing human rights issues before the courts. PIL allows individuals and organizations to file cases on behalf of those who cannot approach the court due to social, economic, or other reasons. This mechanism has been effectively used to address human rights violations and has contributed to the development of human rights.
· Right to life and Personal liberty: Article 21 of the Indian Constitution guarantees the right to life and personal liberty. The Supreme Court has interpreted this provision broadly to include various aspects of human rights, such as the right to privacy, dignity, health, education, a clean environment, and access to justice.
· Expanding Equality: The right to equality under Article 14 has been interpreted expansively to prohibit discrimination on various grounds, including race, religion, caste, gender, and sexual orientation. The Supreme Court has played a crucial role in promoting social justice and inclusivity by striking down discriminatory laws and policies.
· Evolving social Realities: The Indian judiciary has recognized the evolving social realities and needs of the society while interpreting constitutional provisions. It has actively responded to emerging issues and challenges, such as women’s rights, LGBTQ rights, and environmental protection and promoted social justice.
· International Human rights standards: The Supreme Court has often referred to international human rights standards, conventions, and jurisprudence to interpret constitutional provisions.
Case laws related to the role of the Indian legal system in safeguarding human rights.
1. Kesavananda Bharati v. State of Kerala (1973):[1] In this landmark case, the Supreme Court held that the basic structure of the Constitution cannot be altered, ensuring the protection of fundamental rights. The decision affirmed the supremacy of the Constitution and its role in safeguarding human rights.
2. Maneka Gandhi v. Union of India (1978):[2] This case, expanded the interpretation of Article 21, stating that the right to life and personal liberty includes various fundamental rights that are not explicitly mentioned. It emphasized that procedures established by law must be just, fair, and reasonable.
3. Vishaka v. State of Rajasthan (1997):[3] In this case, the Supreme Court laid down the guidelines to prevent sexual harassment of women in the workplace. This judgment recognized the right to a safe and secure work environment contributing to the protection of women’s rights and general equality.
4. Naz Foundation v. Government of NCT of Delhi (2009):[4] This landmark case decriminalized consensual same-sex relations by reading down section 377 of the Indian Penal Code, which criminalized homosexuality. The judgment upheld the right to equality, not discrimination, and privacy ensuring greater protection.
5. Puttaswamy v. Union of India (2017):[5] This case, also known as the Aadhar case, recognized the right to privacy as a fundamental right protected under Article 21. The judgment affirmed the individual’s autonomy and dignity, providing a strong foundation for the protection of privacy rights in India.
Legislative Measures
In addition to constitutional provisions and judicial interpretations, India has enacted various laws to protect human rights and address violations. Key legislations include:
The Protection of Human Rights Act, 1993: Establishes the National Human Rights Commission (NHRC) to investigate human rights violations and recommend remedial measures.
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989: Aims to prevent and address atrocities against Scheduled Castes and Scheduled Tribes.
The Domestic Violence Act, 2005: Provides legal protection against domestic violence and ensures the safety and rights of victims.
Challenges and Future Directions
Despite the robust legal framework, challenges remain in the effective enforcement of human rights. Issues such as systemic discrimination, inadequate implementation of laws, and gaps in legal literacy continue to impact the realization of human rights.
Future efforts must focus on strengthening legal mechanisms, enhancing public awareness, and ensuring that human rights protections are effectively integrated into all aspects of governance and public policy. The judiciary's role in interpreting human rights norms will remain crucial in addressing emerging challenges and ensuring that the promise of human rights is realized for all individuals.
Conclusion
The role of human rights in the Indian legal system is a testament to the country's commitment to justice, equality, and the dignity of the individual. Through a combination of constitutional guarantees, judicial activism, and legislative measures, India has made significant strides in upholding human rights. However, continuous vigilance and reform are necessary to address existing challenges and ensure that these rights are protected and promoted in the evolving socio-political landscape.
References:
· THE ROLE OF HUMAN RIGHTS IN THE INDIAN LEGAL SYSTEM » Lawful Legal
· School of Distance Education (uoc.ac.in)
· https://blog.ipleaders.in/human-rights-constitution-india/
· researchgate.net/publication/358581805_Human_Rights_and_Judicial_Activism_in_India