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Enforcement of Human Rights in India

Overview​

Human rights enforcement in India is governed by various constitutional provisions and statutory laws. This page provides an overview of key legislation and case studies related to human rights enforcement in India.

Constitutional Provisions​

Article 14: Equality Before the Law​

Article 14 of the Constitution of India guarantees equality before the law to all citizens. It states:

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Legal Section Number: Article 14, Part III (Fundamental Rights), Constitution of India

Article 21: Protection of Life and Liberty​

Article 21 protects life and personal liberty:

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Legal Section Number: Article 21, Part III (Fundamental Rights), Constitution of India

Statutory Laws​

The Protection of Human Rights Act, 1993​

This act establishes the National Human Rights Commission (NHRC) to investigate complaints of human rights violations.

Key Sections:

  • Section 2(d): Defines "human rights"
  • Section 3(1): Establishes the NHRC
  • Section 12: Provides powers and functions of the NHRC

Legal Section Numbers: Sections 2(d), 3(1), 12, Protection of Human Rights Act, 1993

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989​

This act aims to prevent atrocities against scheduled castes and tribes.

Key Sections:

  • Section 3: Defines offenses
  • Section 4: Prescribes punishment for offenses

Legal Section Numbers: Sections 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

Case Studies​

In this landmark case, the Supreme Court decriminalized consensual homosexual acts between adults.

Relevant Legal Section: Section 377, Indian Penal Code, 1860

Puttuswamy v. Union of India (2017)​

This case upheld the right to privacy as a fundamental right under Article 21 of the Constitution.

Relevant Legal Section: Article 21, Part III (Fundamental Rights), Constitution of India

Conclusion​

The enforcement of human rights in India is a complex issue involving both constitutional provisions and statutory laws. Understanding these legal frameworks and their application through case studies is crucial for law students and future lawyers.