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Universal Human Rights in India

This page provides an overview of universal human rights as they apply to India, specifically tailored for law students and LLB students.

Introduction​

Human rights are fundamental freedoms inherent to all human beings, regardless of nationality, place of residence, sex, national origin, color, religion, language, political or other opinion, social status, property, birth, or any other status. These rights are recognized internationally through various treaties and agreements, but their implementation varies across countries.

In dia, the concept of human rights is deeply rooted in its constitution and legal system. The Constitution of India enshrines several fundamental rights and directives principles of state policy, which form the foundation of human rights protection in the country.

Fundamental Rights in the Indian Constitution​

India's Constitution recognizes six fundamental rights under Part III:

  1. Right to Equality (Article 14)
  2. Right to Freedom (Article 19)
  3. Right against Exploitation (Article 23-24)
  4. Right to Freedom of Religion (Article 25-28)
  5. Cultural and Educational Rights (Article 29-30)
  6. Right to Constitutional Remedies (Article 32)

These fundamental rights are considered supreme over ordinary legislation and cannot be suspended even during emergencies declared under Article 352 of the Constitution.

Case Studies Illustrating Universal Human Rights in India​

Right to Equality (Article 14)​

In E.P. Royappa vs State of Tamil Nadu (1974), the Supreme Court held that the principle of equality before the law applies not only to individuals but also to public bodies and government institutions.

Legal Section Number: Article 14 of the Constitution of India​

Right to Freedom (Article 19)​

In Kesavananda Bharati vs State of Kerala (1973), the Supreme Court established the doctrine of basic structure, limiting Parliament's power to amend certain fundamental rights guaranteed by the Constitution.

Legal Section Number: Article 19(1)(a) of the Constitution of India​

Right Against Exploitation (Article 23-24)​

In Olga Tellis vs Bombay Municipal Corporation (1986), the Supreme Court ruled that street vendors have a right to livelihood, which falls under the right to work guaranteed by Article 39(a) of the Constitution.

Right to Freedom of Religion (Article 25-28)​

In Shirur Mutt Case (1954), the Supreme Court held that the freedom of conscience and free profession, practice, and propagation of religion are guaranteed by Article 25 of the Constitution.

Cultural and Educational Rights (Article 29-30)​

In T.M.A. Pai Foundation vs State of Karnataka (2003), the Supreme Court upheld the validity of private unaided ucational institutions' management quotas, balancing individual rights with the state's interest in education.

Conclusion​

Understanding universal human rights in the context of Indian law is crucial for law students and aspiring lawyers. This knowledge helps in analyzing legal issues, drafting arguments, and interpreting constitutional provisions. As India continues to evolve as a democratic nation, the interpretation and application of these rights will remain a significant area of study and practice in the legal field.

Remember to consult the latest legal precedents and amendments when applying these concepts in practical situations.