Skip to main content

Human Rights in India: A Legal Perspective

This page provides an overview of human rights in India, discussing both international law principles and the corresponding sections of the Indian legal framework. It aims to serve as a resource for law students and LLB students studying human rights in India.

Introduction​

Human rights are fundamental entitlements inherent to all human beings, regardless of nationality, place of residence, sex, national origin, color, religion, language, or any other status. These rights are universal and inalienable, meaning they apply to everyone everywhere and cannot be taken away.

In dia, human rights are protected both by international law and domestic legislation. This page will explore how India implements these rights within its legal system.

International Law Perspective​

India has ratified numerous international human rights treaties, including:

  • Universal Declaration of Human Rights (1948)
  • International Covenant on Civil and Political Rights (1966)
  • International Covenant on Economic, Social and Cultural Rights (1976)
  • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987)
  • Convention on the Elimination of All Forms of Discrimination Against Women (1981)

These treaties form the foundation of India's commitment to protecting human rights internationally.

India's legal framework for human rights is primarily based on the Constitution of India, which came into effect on January 26, 1950. The Constitution enshrines fundamental rights and directive principles of state policy, both of which are crucial components of India's human rights landscape.

Fundamental Rights​

Article 14: Equality before law Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth Article 19: Protection of certain rights regarding freedom of trade, commerce, and occupation Article 21: Protection of life and personal liberty

Directive Principles of State Policy​

Article 38: To secure for citizens economic equality and living wage Article 39: To secure for citizens social and economic justice Article 41: Right to work, to education, and to social security Article 42: Provision for just and humane conditions of work Article 43: Living wage, etc., for workers Article 44: Uniform civil code for all citizens Article 45: Provision for early childhood care and education to children below the age of six years

Case Laws and Illustrations​

Case Law 1: Navtej Singh Johar v. Union of India (2018)​

In this landmark case, the Supreme Court of India decriminalized consensual homosexual acts between adults in private. The court struck down Section 377 of the Indian Penal Code, which had criminalized homosexuality since 1862.

Legal Section Number: Section 377, IPC

Illustration: Prior to this judgment, individuals engaging in consensual sexual activities could face imprisonment under Section 377. After the ruling, these individuals gained protection under Article 21 of the Constitution, which guarantees the right to life and personal liberty.

Case Law 2: Puttaswamy v. Union of India (2017)​

This case established the constitutional right to privacy in India. The Supreme Court held that privacy was a fundamental right protected under Article 21 of the Constitution.

Legal Section Numbers: Articles 14, 19, 21 of the Constitution

Illustration: Before this judgment, there were concerns about government surveillance and data collection. The court's ruling now protects citizens' right to privacy, limiting government intrusion into personal information.

Conclusion​

Human rights in India are protected both by international law treaties and domestic legislation. The Constitution of India serves as the primary framework for human rights protection, with international treaties providing additional layers of protection.

As law students and LLB students, it's crucial to understand how these rights intersect with Indian legal principles and how they've been interpreted in landmark cases. This knowledge will serve you well in understanding the complexities of human rights law in India.

Remember to refer to the specific legal sections mentioned throughout this document when discussing human rights in academic or professional contexts.