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Introduction to Human Rights Law in India

This guide provides an overview of human rights law in India, focusing on key concepts and principles relevant to law students and LLB students.

Overview of Human Rights Law in India​

Human rights law in India is based on several constitutional provisions and international treaties. The Constitution of India guarantees fundamental rights to all citizens, while also imposing certain duties. These rights are enshrined in Part III of the Constitution, specifically Articles 14 to 35.

Key Constitutional Provisions​

  • Article 14: Equality before the law This provision ensures equal treatment under the law for all citizens regardless of caste, creed, religion, race, sex, or place of birth.

  • Article 19: Freedom of speech and expression This article protects the right to express opinions freely through various means such as print, electronic media, and digital platforms.

  • Article 21: Protection of life and personal liberty This fundamental right safeguards individuals from arbitrary deprivation of life and personal liberty.

International Treaties​

India has ratified several international human rights treaties, including:

  • Universal Declaration of Human Rights (UDHR)
  • International Covenant on Civil and Political Rights (ICCPR)
  • Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT)

These treaties provide additional protections beyond what is guaranteed in the Indian Constitution.

Case Laws and Illustrations​

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

Legal Section: Section 377 of the Indian Penal Code

Illustration: A student researching LGBTQ+ rights in India would find this case particularly relevant when discussing the evolution of human rights law in the country.

Puttaswamy v. Union of India (2017)​

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

Legal Section: Article 21 of the Constitution of India

Illustration: When teaching about data protection and surveillance laws, this case serves as a crucial precedent.

Olga Tellis v. Bombay Municipal Corporation (1980)​

This case expanded the concept of property rights under Article 300A of the Constitution.

Legal Section: Article 300A of the Constitution of India

Illustration: Students studying urban planning and housing rights should be familiar with this case.

Conclusion​

Understanding human rights law in India requires knowledge of both domestic constitutional provisions and international treaties. As law students and future practitioners, it's essential to stay updated on evolving interpretations of these rights through case laws and legislative changes.

Remember to consult official government sources and academic journals for the most current information on human rights law in India.