HUMAN RIGHTS – INDIA’S OBLIGATIONS AND FULFILMENTS

[Mr. M. GOVINDARAJAN]

Human rights are rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India since it is a signatory to the charter and United Nation and ratified various conventions adopted by the General Assembly of the United Nations and also signed the treaties and declarations adopted by the International Institutions. Indian has certain obligations not only by virtue of the Constitution of India but also by international character. Even though the principle on human rights enumerated in these international conventions and treaties are not legally enforceable and it is by the mutual understanding that these are the obligations imparted on each and every country. A comparative study on the obligations imposed by the conventions treaties in respect of human rights and the obligations fulfilled by India is done in this article.

The Universal Declaration of Human Rights, 1948 is a common standard for achievement for all peoples and nations to the end that every individual and every organ or society, keeping this declaration constantly in mind shall strive by reaching and education to promote respect of these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance both among the peoples of member states themselves and among peoples of territories under their jurisdiction.

COMPARISON OF THE OBLIGATIONS UNDER UNIVERSAL DECLARATION OF HUMAN RIGHTS 1948 AND THE FULFILMENT BY INDIA 

UNIVERSAL DECLARATIO OF HUMAN RIGHTS 1948	FULFILMENT BY INDIA
1. Article 2(1) provides that every one is entitled to all the rights and freedoms set forth in this declaration of any kind such as race, color, sex, language, religion, political or other opinion, national or social, origin, property, birth or other status	1. Article 15(1) of the Constitution of India provides that the state is prohibited to discriminate between citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Any law makes discrimination on any of the above grounds it can be declared as invalid.
2. Article 3 provides that every one has the right of life, liberty and security of person.	2. Article 21 of the Constitution provides that no person shall be deprived of his life or personal liberty except according to procedure established by law.
3. Article 4 provides that no one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.	3. Article 21(1) of the Constitution prohibits traffic in human being and ‘begar’ and other similar forms of forced labor. “Traffic in human being” means selling and buying men and women like goods and include immoral traffic in women and children for immoral or other purposes.
4. Article 7 provides that all are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this declaration and against any incitement to such discrimination.	4. Article 14 of the Constitution declares that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
5. Article 8 provides that every one has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted to him by the Constitution or by law.	5. Article 32 of the Constitution guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the fundamental rights and the Supreme Court is having power to issue appropriate directions or orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.
6. Article 9 provides that no one shall be subjected to arbitrary arrest, detention to exile.	6. Article 22 of the Constitution guarantees the following rights on arrested persons for any offence under an ordinary law- - the right to be informed ‘as soon as may be’ of ground of arrest; - the right to consult and to be represented by a lawyer of his own choice; - the right to be produced before a Magistrate within 24 hours; - the freedom from detention beyond the said period except by the order of the Magistrate.
7. Article 11(2) provides that 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 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.	7. Article 20(1) of the Constitution says that the 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.
8. Article 13(1) provides that every citizen has the right of freedom of movement and residence within the borders of each state.	8. Article 19(1)(d) guarantees to all citizens of India the right to move freely throughout the territory of India. Article 19(1)(3) guarantees that every citizen of India has the right to reside and settle in any part of the territory of India.
9. Article 17 provides that every one has the right to own property alone as well as in association with others and no one shall be arbitrarily deprived of his property.	9. Article 19(1)(f) guaranteed the right of property but was omitted by 44th amendment to the Constitution during 1978. However Art. 300-A which has been inserted in the Constitution by the same amendment provides that no person shall be deprived of his property save by the authority of law.
10.Article 18 provides that every one 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 the religion or belief in teaching, practice, worship and observance.	10. Article 25(1) of the Constitution guarantees to every person the freedom of conscience and right to profess, practice and propagate religion. Article 19(1) (a) of the Constitution provides that all citizens shall have the right to freedom of speech and expression.
11. Article 19 provides that everyone has the right to freedom of opinion and expressions; this right includes freedom to hold opinions without interference to seek receive and import information and ideas through any media and regardless of frontiers.	11. Article 19(1)(a) of the Constitution provides that all citizens shall have the right to freedom of speech and expression.
12. Article 20(1) provides that every one has the right to freedom of peaceful assembly and association.	12. Article 19(1)(b) of the Constitution guarantees to all citizens the right to assemble peaceably and without arms; Article 19(1)(c) of the Constitution guarantees to all its citizens the right to form associations.
13. Article 21(2) provides that every one has the right of equal access to public service in the country.	13. Article 16(1) of the Constitution guarantees equal opportunity for all citizens in matters of employment or appointment to any post under the State.
14. Article 30 provides that nothing in this declaration may be interpreted as implying for any state, group of person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth therein.	14. Article 13(2) of the Constitution provides that the State shall not make law, which takes away or abridges the fundamental rights conferred and any law in contravention of fundamental rights shall to the extent of contravention be void.
15. Article 23(2) provides that everyone, without any discrimination has the right to equal pay for equal work.	15. Equal Remuneration Act provides that every one, without any discrimination has the right to equal pay for equal work.
16. Article 23 (4) provides that every one has the right to form and join trade unions for the protection of his interests.	16. Article 19(1) © of the Constitution guarantees to all its citizens the right to form unions.
17. Article 24 provides that every one has the right to rest and leisure including reasonable limitation of working hours and period holidays with pay.	17. Sec. 51 of the Factories Act, 1948 provides that the adult worker shall be allowed to work only for 48 hours in any week; Sec. 52 of the Act provides the weekly holidays, compensatory holidays etc.,

Some obligations under the convention have not been incorporated in the Constitution or in any other laws created by the Government of India. But the Court has taken the role of it. The decisions of Supreme Court and High Courts are the rule of law and enforceable and binding on the subordinate courts.

Article 26 of the convention provides that every one has the right to education. This right has not expressly guaranteed in the Constitution. In a land mark judgment in ‘Mahini Jain V. State of Karnataka’ – (1992) 3 SCC 666 the Supreme Court held that the right in education flows directly from right to life. The right to life under Article 21 and the dignity of an individual cannot be assured unless the right to education accompanies it.

Article 13(2) provides that every one has the right to leave any country, including his own, and to return to his country. In ‘Satwant Singh V. Assistant Passport Officer, New Delhi’ – AIR 1967 SC 1836 the Supreme Court held that the right to travel abroad was part of a person’s personal liberty within the meaning of Article 21 of the Constitution.

Article 12 provides that no one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attack upon his honor and reputation. In ‘Karak Singh V. State of UP’ – AIR 1963 SC 1295 the Supreme Court held that the expression ‘life’ under Article 21 was not limited to bodily restraint or confinement to prison only but something more animal existence. An unauthorized intrusion into a person’s home and the disturbance caused to him is the violation of the personal liberty of the individual.