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Human Rights in India

This page provides an overview of human rights in India, focusing on key legal aspects and case studies relevant to students studying Law and LLB.

Introduction​

India is a signatory to several international human rights treaties, including the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR). These treaties form the foundation of India's commitment to protecting individual rights and freedoms.

The Constitution of India​

The Constitution of India is the primary source of human rights protection in the country. It guarantees fundamental rights to all citizens under Part III of the Constitution, including:

  • Right to Equality (Article 14)
  • Right to Freedom (Article 19)
  • Right against Exploitation (Article 23-24)
  • Right to Freedom of Religion (Article 25-28)
  • Cultural and Educational Rights (Article 29-30)

International Treaties​

India has ratified several international human rights treaties, including:

  • Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW)
  • Convention on the Rights of the Child (CRC)
  • United Nations Convention Against Torture (CAT)

These treaties complement India's domestic legal framework and provide an additional layer of protection for human rights.

Case Studies and Illustrations​

Right to Education​

In Navtej Singh Johar v. Union of India (2018), the Supreme Court of India ruled that Section 377 of the Indian Penal Code, which criminalized consensual sexual acts between adults, was unconstitutional. This landmark decision expanded the right to education and expression for LGBTQ+ individuals.

Legal Section: Section 377, Indian Penal Code

Illustration: The case challenged the constitutionality of Section 377, leading to a broader interpretation of the right to education and freedom of expression.

Right to Privacy​

In Justice K.S. Puttaswamy (Retd.) v. Union of India (2017), the Supreme Court recognized privacy as a fundamental right under Article 21 of the Constitution. This decision has significant implications for various aspects of human rights protection.

Legal Section: Article 21, Constitution of India

Illustration: The case established privacy as a constitutional right, affecting how personal information is collected and used by government agencies.

Right to Freedom of Speech and Expression​

In Shreya Singhal v. Union of India (2015), the Supreme Court struck down Section 66A of the Information Technology Act, 2000, which criminalized online speech. This decision reinforced the importance of free expression in the digital age.

Legal Section: Section 66A, Information Technology Act, 2000

Illustration: The case highlighted the tension between protecting national security and preserving individual freedoms in the context of online communication.

Conclusion​

Human rights in India are protected through a combination of constitutional provisions, international treaties, and judicial interpretations. Students studying Law and LLB should familiarize themselves with these legal frameworks and case studies to understand the practical application of human rights principles in India.

This page provides a starting point for exploring human rights in India. Further research into specific rights and recent developments in Indian jurisprudence is recommended for a comprehensive understanding of the subject.