Fundamental Human Rights: Global Frameworks and Indian Law

Human Rights: Definition and Core Principles

Human rights are inherent and universal to all individuals, regardless of their background or status. These rights, based on human dignity, range from the right to life to those ensuring a dignified existence, such as rights to food, education, and freedom.

Key Characteristics of Human Rights

• Universal and Inalienable: Applicable to all people and should not be removed, except under specific legal conditions.
• Interdependent and Indivisible: Various rights are linked; progress in one supports others, while the denial of one harms others.
• Equal and Non-Discriminatory: A core principle preventing distinctions based on characteristics like race or religion.
• Entail Both Rights and Obligations: States must respect, protect, and fulfill rights, while individuals must respect the rights of others.

Scope and Major Categories of Human Rights

Based on the Universal Declaration of Human Rights (UDHR), rights are often categorized as:

1. Civil and Political Rights

These rights protect individual freedom and participation in public life:

• Right to life, liberty, and security of person.
• Freedom from slavery and torture.
• Freedom of expression, opinion, and religion.
• Right to a fair trial and equality before the law.
• Right to participate in government affairs.

2. Economic, Social, and Cultural Rights

These rights ensure dignified living conditions and participation in cultural life:

• Right to work and to just, favorable work conditions.
• Right to social security and an adequate standard of living (including food and housing).
• Right to health and education.
• Right to participate in the cultural life of the community.

3. Collective Rights (Solidarity Rights)

These apply to groups and relate to broader public goods:

• Right to self-determination.
• Right to peace.
• Right to a clean environment.

Historical Development of Human Rights

The development of human rights is a long and complex historical process, evolving from ancient philosophical concepts to modern legal frameworks.

Detailed Historical Milestones

• Ancient Origins: Concepts of rights emerged in ancient legal codes (e.g., Cyrus Cylinder, 539 BC) and philosophical ideas of Natural Law (Greek Stoics).
• Magna Carta (1215): Introduced limits on the ruler's power and laid the groundwork for legal protections and the Rule of Law.
• The Enlightenment (17th and 18th Centuries): Thinkers like John Locke developed the idea of Natural Rights (life, liberty, property).
• Key Declarations (Late 18th Century): The American Declaration of Independence (1776) and the French Declaration of the Rights of Man and of the Citizen (1789) enshrined natural, inalienable rights.
• 19th and Early 20th Century Expansion: Focus expanded through social movements like Abolitionism, Labor movements, and Women's Suffrage.
• Post-World War II Movement: Led to a global agreement on universal human rights after the atrocities of the wars.

The UN and International Human Rights Law

The United Nations (UN) plays a foundational role in protecting and promoting human rights globally, a purpose enshrined in its Charter following World War II.

The International Bill of Human Rights

This cornerstone of international law formalized the UDHR's principles:

• Universal Declaration of Human Rights (UDHR, 1948): A foundational UN document outlining 30 fundamental rights and freedoms. While not legally binding, its principles are widely accepted as a common standard.
• International Covenant on Civil and Political Rights (ICCPR, 1966): Focuses on civil and political freedoms (e.g., right to life, fair trial).
• International Covenant on Economic, Social and Cultural Rights (ICESCR, 1966): Outlines rights related to work, social security, education, and health.

UN Human Rights Bodies and Mechanisms

International law establishes state obligations through treaties and conventions. Monitoring bodies include:

• Human Rights Council (HRC): The main inter-governmental body addressing human rights situations.
• Office of the High Commissioner for Human Rights (OHCHR): The main UN entity supporting human rights mechanisms.
• Universal Periodic Review (UPR): A process reviewing the human rights records of all UN Member States.
• Treaty-Based Bodies: Committees of independent experts (e.g., the Human Rights Committee) monitor the implementation of core treaties.

Challenges to Human Rights Globally

Significant challenges persist globally, impeding the full realization of rights:

• Armed conflict and violence often result in severe violations.
• Poverty and global inequities impede the fulfillment of basic rights.
• Discrimination and social inequality continue to infringe on fundamental rights.
• Authoritarian governance and weak institutions suppress freedoms.
• Impunity for violations allows abuses to continue without accountability.

Human Rights in India: Constitutional Framework

Human rights in India are primarily enshrined in the Constitution as Fundamental Rights and Directive Principles of State Policy, legally enforceable through the judiciary.

Constitutional Provisions

• Part III: Fundamental Rights (Articles 14–32): These are justiciable civil and political rights, enforceable in the Supreme Court or High Courts. Key rights include:
  • Right to Equality (Articles 14–18).
  • Right to Freedom (Articles 19–22), including the broadly interpreted Right to Life and Personal Liberty (Article 21).
  • Right against Exploitation (Articles 23–24).
  • Right to Constitutional Remedies (Article 32).
• Part IV: Directive Principles of State Policy (Articles 36–51): These non-justiciable principles guide the government in promoting social, economic, and cultural rights.

Judicial Activism and Persistent Challenges

The Indian judiciary has actively expanded human rights through Public Interest Litigation (PIL), broadening Article 21 to include rights such as speedy trial and a clean environment. However, significant challenges persist in practice:

• Caste-based discrimination and social inequality.
• Custodial violence and police abuse.
• Restrictions on freedom of expression and treatment of minorities.
• Gender-based violence and impunity for security forces in certain regions.

National Human Rights Commission (NHRC)

The NHRC is an independent statutory body established to protect and promote human rights within a country, acting as a watchdog against violations by public servants or the government.

Establishment and Structure (India Model)

The NHRC is created under the Protection of Human Rights Act (PHRA), 1993, guided by the international Paris Principles.

• Composition: A multi-member body appointed by the President. The Chairperson must be a retired Chief Justice or Judge of the Supreme Court. Members include judges and individuals with human rights expertise (including at least one woman).
• Internal Divisions: Work is managed through specialized divisions, including the Law Division, Investigation Division, and Policy Research Division. The Secretary-General serves as the CEO.

Core Functions of the NHRC

The NHRC is mandated to investigate violations, promote awareness, and advise the government:

1. Investigation: Receives complaints (or acts suo motu) of violations by public servants. Possesses the powers of a civil court to summon witnesses and demand documents.
2. Legal Review: Reviews existing constitutional and legal safeguards and recommends measures for more effective implementation.
3. Promotion and Awareness: Promotes human rights literacy through publications, media, and seminars, and encourages the efforts of NGOs.
4. Advisory and Reporting: Can recommend compensation for victims and legal action against officials. Submits annual and special reports to the government, which must be presented to the legislature.

Limitations and Challenges of the NHRC

Despite its important role, the NHRC faces limitations:

• Its recommendations are not legally binding, limiting enforcement.
• Authority is restricted in cases involving armed forces.
• It cannot investigate cases older than one year.
• It often deals with limited resources and a heavy workload.

Legal and Civil Rights: A Comparison

Legal Rights

Legal rights are entitlements recognized and protected by the legal system (constitution, statutes, judicial precedents). They are enforceable in courts and carry legal consequences if violated.

• Scope: Broader entitlements covering property rights, contractual rights, and statutory rights (e.g., Right to Information).
• Enforcement: Protected by the regular legal and judicial system through standard procedures.
• Examples in India: Right to Property (Article 300-A), Right to form a contract, Right to sue for a legal wrong.

Civil Rights

Civil rights are legal entitlements that guarantee equal opportunities and protection under the law, preventing discrimination based on personal characteristics (race, gender, religion, etc.).

• Scope: Specific category focused on ensuring non-discrimination and equal opportunity.
• Enforcement: Often enjoy special constitutional safeguards. In India, citizens can directly approach the Supreme Court (Article 32) or High Courts (Article 226) for enforcement through writs.
• Examples in India: Right to Equality, Abolition of untouchability (Article 17), Freedom of religion, Right to life with dignity.

Specific Indian Legislation

The Protection of Human Rights Act, 1993

This landmark Indian law established the National Human Rights Commission (NHRC), State Human Rights Commissions (SHRCs), and Human Rights Courts to protect fundamental rights to life, liberty, equality, and dignity.

• Human Rights Courts: The Act allows for these courts in each district to expedite trials for human rights offenses.
• Key Amendments (2019): Broadened NHRC Chairperson eligibility and reduced the tenure for NHRC and SHRC members to three years.

The Women's Reservation Act, 2023 (Nari Shakti Vandan Adhiniyam)

This Indian law reserves one-third of seats for women in the Lok Sabha and state legislative assemblies. It is slated to be implemented after the first census following its enactment and a subsequent delimitation exercise, likely around the 2029 general elections.

• Key Provisions: Reserves one-third of seats (including a sub-quota for SC/ST women). Seats will be allotted by rotation after each delimitation.
• Duration: The reservation is initially set for 15 years, extendable by Parliament.
• Criticisms: Concerns include the significant delay in implementation and the lack of a separate reservation for women from Other Backward Classes (OBCs).

Commissions for Protection of Child Rights Act, 2005

This Indian law established the National Commission (NCPCR) and State Commissions (SCPCRs) to protect, promote, and defend child rights in line with the UN Convention on the Rights of the Child (UNCRC).

• Primary Goal: To ensure all government policies and programs align with the child rights perspective (survival, protection, development, and participation).
• NCPCR Functions: Reviews laws, investigates complaints (with civil court powers), inspects juvenile homes, and raises awareness.

Rights of Specific Vulnerable Groups

Rights of Women

Women's rights assert the equality and entitlement of women and girls to live free from violence and discrimination and to have access to equal opportunities.

Key Areas of Equality

• Civil and Political Rights: Right to vote (suffrage), hold public office, and equality before the law.
• Economic Rights: Right to equal pay for equal work, workplace protection (e.g., against sexual harassment), and equal access to property and inheritance.
• Social and Cultural Rights: Freedom from all forms of gender-based violence (including domestic violence and harmful traditional practices), and reproductive rights and health autonomy.

Rights of the Child

Children's rights are designed to meet the unique needs of individuals under the age of 18, guided by the UNCRC.

Four Core Pillars of Child Rights (UNCRC)

1. Right to Survival: Guarantees basic needs, including life, identity, health, and adequate food and shelter.
2. Right to Protection: Safeguards children from all forms of abuse, exploitation (including child labor), neglect, and ensures special protection for vulnerable children (e.g., refugees).
3. Right to Development: Ensures opportunities to grow to full potential, including free and compulsory education, play, and leisure.
4. Right to Participation: The right for children to express their views freely and to be actively involved in decisions that affect their lives, according to their age and maturity.