Universal Declaration of Human Rights and The Constitution of India

1) Introduction -

       Human rights are derived from the principle of natural law.   Human rights are being essential for the all-round development of the personality of individuals in the society, being necessarily protected and being made available to all individuals. When human rights are guaranteed by the written Constitution, they are called fundamental rights because a written the Constitution is a fundamental law of the State.These rights provide suitable conditions for the material and moral uplift of the people because of their immense significance to the human beings

2) Meaning of Human Rights 

           The expression "Human Rights" denotes all those rights which are inherent in our very nature and without which we cannot live as human beings. These are inalienable rights which belong equally to all the members of the human family. Human rights are not created by any legislature. They assume the position of natural rights.Human rights are also sometimes referred as fundamental rights, basic rights, inherent rights, natural rights and birthrights

3) Universal Declaration of Human Rights and the Constitution of India 

         The Preamble proclaims The Universal Declaration of Human Rights as a common standard of achievement for all people and for all Nations, to the end that every individual and every organ of society, keeping this in mind to promote respect for these rights and freedoms and by progressive measures and observance, both among the peoples of territories and their jurisdiction. 
          The Universal Declaration of Human Rights (UDHR), 1948 has provided for Civil and Political Rights under Article 2 to 21.  It includes the Right to life, Right to Security, Protection against Slavery, The Right to the due and fair process of Law, Right to Privacy, the Right to Liberty of Thought and Expression, the Right to Religious Freedom, Right to Association and the Right to Property. 
           Article 22 to Article 27 provide for Economic, Social and Cultural Rights which Include the Right to Work, the Right to Social Security, the Right to Protection Against Unemployment, the Right against slavery and exploitation, the Right to Good Living, the Right to Education and the Right to health services.
           India was a signatory to the declaration. The constitution of India which came into force on  26 January 1950 was greatly influenced by the declaration. A number of fundamental rights guaranteed to individuals in part III of the Constitution are similar to the provision of the declaration.

Univeral Declaration of Human Rights, Article 1: 

       Article 1of the Universal Declaration says that All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

Preamble of the Indian Constitution 

   WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens: JUSTICE, Social, Economic and Political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation; IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.

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a)  Equality Before Law  - 

                 The Human Right to Equality means no human being is higher or lower in the eyes of Law. Therefore, there should be no discrimination on the ground of the religion, race or caste. Even if One belongs to a minority, he should be treated equally with all others.

Univeral Declaration of Human Rights: Article 7 of the Universal Declaration of Human Rights- All are equal before the law and are entitled without any discrimination to equal protection of the law.

The Constitution of India:  Article 14 of the Indian Constitution - The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

  

See also....  Rule of law and the Constitution of India

b)  Equal Protection of Law without any discrimination -

Univeral Declaration of Human Rights: Article 7(2) of the Universal Declaration of Human Rights - All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.


The Constitution of India:  Article 15 of the Constitution - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

See also.... Provisions for Minorities In Indian Constitution

c) Right to Participate in the government of his Country 

Univeral Declaration of Human Rights: According to Article  21 of the Universal Declaration of Human Rights (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right to equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

The Constitution of India:  According to Article 16(1) of the Indian Constitution, there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

d) Right to freedom of opinion and expression

Univeral Declaration of Human Rights:  According to Article 19 of the Universal Declaration of Human Rights,  everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.  

The Constitution of India:   According to Article 19(1) (a) of the Indian Constitution, all citizens shall have the right to freedom of speech and expression.

e) Right to freedom of peaceful assembly and Association

Univeral Declaration of Human Rights: According to Article 20(1) of the Universal Declaration of Human Rights, everyone has the right to freedom of peaceful assembly and association.

The Constitution of India:  According to Article 19(1)(b) of the Indian Constitution, all citizens shall have the right to assemble peaceably and without arms.
     

f) Right to work and free choice of employment

Univeral Declaration of Human Rights:  According to Article 23 of the Universal Declaration of Human Rights, Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment. (2) Everyone, without any discrimination, has the right to equal pay for equal work. (3) Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests.

The Constitution of India:   According to Article 19(1)(c) of the Indian Constitution, all citizens shall have the right to form associations or unions or co-operative societies.

g) Right to freedom of movement and residence within the territory of a State.

Univeral Declaration of Human Rights: According to Article 13(1) of the Universal Declaration of Human Rights, everyone has the right to freedom of movement and residence within the borders of each state.

The Constitution of India:   According to Article 19(1)(d) of the Indian Constitution, citizens shall have the right to move freely throughout the territory of India.

See also.... Freedom of Movement and Resident - Article 19(1)(d) and (e)

h) Right to own property

Univeral Declaration of Human Rights: Article 17 of the Universal Declaration of Human Rights says that everyone has the right to own property alone as well as in association with others. No one shall be arbitrarily deprived of his property

 The Constitution of India:  Article 17 sub-clause (f) omitted. Article 31 of the Constitution gives Right to own property.

i) Freedom from Ex-Post-facto laws

Univeral Declaration of Human Rights:  According to Article 11 of the Universal Declaration of Human Rights, everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to the law in a public trial at which he has had all the guarantees necessary for his defense. No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under the national or international law, at the time when it was committed Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.

The Constitution of India:  Article 20(1) of the Indian Penal Code provides Protection in respect of conviction for offences it says that  No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offense more than once. (3) No person accused of any offense shall be compelled to be a witness against himself.

j) Freedom from arbitrary arrest, detention or exile

Univeral Declaration of Human Rights: According to Article 9 of the Universal Declaration of Human Rights, No one shall be subjected to arbitrary arrest, detention or exile.

The Constitution of India: Article 21 of the Indian Constitution provides protection of life and personal liberty it says that no person shall be deprived of his life or personal liberty except according to procedure established by law.

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k) Freedom from slavery or servitude

Univeral Declaration of Human Rights: Article 4 of the Universal Declaration of Human Rights says that no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

 The Constitution of India: Article 23 of the Indian Constitution -Prohibition of traffic in human beings and forced labor (1) Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable in accordance with law. (2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them. 

l) Right to freedom of thought, conscience, and religion

Univeral Declaration of Human Rights: Article 18 of the Universal Declaration of Human Rights says  that everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

 The Constitution of India:  Article 25 of the Indian Constitution gives rights to freedom of conscience and free profession, practice and propagation of religion.  It says all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

See also.... Offences Relating to Religion (Section 295 to Section 298 of the Indian Penal Code 1860)

m) Right to social security

Univeral Declaration of Human Rights: According to Article 22 of the Universal Declaration of Human Rights, everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.

The Constitution of India:  Article 29 (1) of the Indian Constitution - Protection of interests of minorities, it says that any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

n) Right to education 

Univeral Declaration of Human Rights: According to Article 26(3) of the Universal Declaration of Huaman Rights, parents have a prior right to choose the kind of education that shall be given to their children.

The Constitution of India:   Right of minorities to establish and administer educational institutions - Article 30(1) o the Indian Constitution says that all minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

See also...... Rights of Minorities to establish and manage educational institutions under the Constitution of India

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