Law of Human Rights - II

Law of Human Rights – Complete Notes for B.A. LL.B Students (CCSU & All Law Universities)

Introduction

The Law of Human Rights is one of the most important and evolving branches of legal education. It deals with the protection, promotion, and enforcement of basic rights and freedoms that belong to every human being. For B.A. LL.B students of CCS University (CCSU) and other universities, this subject provides a strong foundation in understanding how law safeguards human dignity, liberty, and equality.

Human rights are not privileges; they are inherent, inalienable, and universal rights that every person possesses by virtue of being human. These rights ensure that individuals live with freedom, respect, and justice.

Meaning and Definition of Human Rights

The term “Human Rights” refers to those rights which are essential for leading a dignified and respectable life. They are moral claims that have been recognized by legal systems across the world.

UN Definition:
According to the United Nations, human rights are “rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.”

Justice V.R. Krishna Iyer defined human rights as “those minimal rights which every individual must have against the State or other public authority by reason of being a member of the human family.”

Nature and Characteristics of Human Rights

1. Universal: They belong to everyone, everywhere.
2. Inalienable: They cannot be taken away or surrendered.
3. Indivisible: All rights (civil, political, social, cultural, and economic) are equally important.
4. Interdependent: One right cannot be fully enjoyed without others.
5. Legal Protection: Guaranteed by both national constitutions and international conventions.

Historical Development of Human Rights

The idea of human rights is as old as civilization itself. It evolved gradually through religious, philosophical, and legal traditions.

1. Ancient Period:
   • Indian texts like the Rig Veda, Arthashastra, and Ashokan Edicts emphasized justice, equality, and welfare.
   • In the West, Greek philosophers like Socrates, Plato, and Aristotle discussed natural rights and justice.
2. Medieval Period:
   • The Magna Carta (1215) in England laid the foundation for individual liberty and rule of law.
   • The Petition of Right (1628) and Bill of Rights (1689) strengthened these principles.
3. Modern Period:
   • The American Declaration of Independence (1776) declared the right to “life, liberty, and the pursuit of happiness.”
   • The French Declaration of the Rights of Man and of the Citizen (1789) established equality and fraternity.
   • Post World War II, the United Nations (UN) was established in 1945, leading to the Universal Declaration of Human Rights (UDHR) in 1948.

Universal Declaration of Human Rights (UDHR), 1948

Adopted on 10th December 1948, the UDHR is a landmark international document that sets out fundamental human rights to be universally protected.

• Articles 1–30 cover a wide range of civil, political, economic, social, and cultural rights.
• Key rights include:
  • Right to life, liberty, and security (Article 3)
  • Freedom from torture (Article 5)
  • Freedom of thought and religion (Article 18)
  • Right to work and education (Articles 23–26)

Though not legally binding, the UDHR has inspired many national constitutions, international treaties, and human rights laws, including India’s Constitution.

International Human Rights Instruments

Several treaties and conventions have been developed under the UN system to implement human rights globally:

1. International Covenant on Civil and Political Rights (ICCPR), 1966
2. International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
3. Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979
4. Convention on the Rights of the Child (CRC), 1989
5. Convention against Torture (CAT), 1984

Together, the UDHR, ICCPR, and ICESCR form the International Bill of Human Rights.

Human Rights in India

In India, human rights are deeply embedded in the Constitution of India. The Fundamental Rights (Part III) and Directive Principles of State Policy (Part IV) form the constitutional foundation for human rights protection.

1. Fundamental Rights (Articles 12–35):

• Right to Equality (Art. 14–18)
• Right to Freedom (Art. 19–22)
• Right against Exploitation (Art. 23–24)
• Right to Freedom of Religion (Art. 25–28)
• Cultural and Educational Rights (Art. 29–30)
• Right to Constitutional Remedies (Art. 32)

2. Directive Principles (Art. 36–51):
These guide the State in ensuring social and economic justice, promoting welfare, and reducing inequalities.

Protection of Human Rights Act, 1993 (India)

The Protection of Human Rights Act, 1993 was enacted to provide a legal framework for protecting and promoting human rights in India.

Key Provisions:

• Establishment of the National Human Rights Commission (NHRC) at the central level.
• Creation of State Human Rights Commissions (SHRCs) at the state level.
• Formation of Human Rights Courts in every district.

Functions of NHRC:

• Inquire into human rights violations.
• Visit jails and detention centers.
• Review safeguards under the Constitution.
• Spread awareness about human rights.

Landmark Case Laws on Human Rights in India

1. Maneka Gandhi v. Union of India (1978 AIR 597)
   • Expanded the meaning of “life and personal liberty” under Article 21 to include the right to live with dignity.
2. D.K. Basu v. State of West Bengal (1997 AIR 610)
   • Laid down guidelines to prevent custodial torture and deaths.
3. Vishaka v. State of Rajasthan (1997 AIR 3011)
   • Recognized sexual harassment at the workplace as a violation of women’s human rights.
4. Bandhua Mukti Morcha v. Union of India (1984 AIR 802)
   • Emphasized the right against bonded labor and forced labor.

Role of Judiciary in Protecting Human Rights

The Indian judiciary has played a vital role in interpreting and expanding the scope of human rights. Through Public Interest Litigations (PILs), the courts have ensured justice for marginalized sections of society.
The Supreme Court and High Courts act as the guardians of the Constitution, ensuring that the State upholds the rights of every individual.

Contemporary Challenges to Human Rights

Despite constitutional guarantees, several issues still threaten human rights in India and globally:

• Gender discrimination and violence
• Caste-based and religious discrimination
• Custodial torture and police brutality
• Child labor and human trafficking
• Environmental degradation affecting the right to life
• Digital surveillance and privacy violations

Addressing these challenges requires strong legal frameworks, public awareness, and the active participation of civil society.

Conclusion

The Law of Human Rights is not only an academic subject but a moral responsibility. For B.A. LL.B students, understanding this law helps build a strong legal and ethical foundation. It teaches how laws are used to protect individuals from abuse, injustice, and inequality.

In India, with its diverse population and democratic values, the protection of human rights is essential for peace, justice, and progress. The combined efforts of the State, judiciary, NHRC, and citizens are crucial to ensuring that every individual lives with dignity and freedom.