Human rights in India

Human rights are vital for all round development of individuals. The Constitution of India makes provisions for basic rights also known as Fundamental Rights for its citizens as well as for aliens. The Supreme Court of India is the guarantor of the rights according to the Constitution. The court takes into account fundamental duties while interpreting the constitutional right. In Indian constitution, Rights are classified mainly in three broad categories: (a) Civil (b) Political (c) Economic and Social. Fundamental Rights in India recognize certain civil rights. Certain Political and Economic and Social rights are recognized by other provisions in the Constitution. The Supreme Court of India recognizes Fundamental Right as “natural right”

In Indian constitution, the Fundamental Rights are defined as the basic human rights of all citizens. These rights are defined in Part III of the Constitution regardless of race, place of birth, religion, caste, creed or sex.

Guha quoted that “The demand for a declaration of fundamental rights arose from four factors:

- Lack of civil liberty in India during the British rule.

- Deplorable social conditions, particularly affecting the untouchables and women.

- Existence of different religious, linguistic, and ethnic groups encouraged and exploited by the Britishers.

- Exploitation of the tenants by the landlords.

Fundamental Rights includes:-

Right to Equality:

The Right to Equality is one of the chief guarantees of the Constitution of India. Articles 14–18 of Constitution highlights the right to equality. It refers to the equality in the eyes of law irrespective of caste, race, and religion, place of birth or sex. When appraising Indian constitutional law, it can be stated that Article 14 guarantees equality before law as well as equal protection of the law to not only citizen of India but also to all the people within the territory of India. This includes the equal subjection of all persons to the authority of law, as well as equal treatment of persons in similar circumstances. The State cannot refuse this right. But no persons or group of persons can demand for any special treatment or any special privilege.

Article 15 forbids discrimination on the basis of religion, race, caste, sex, place of birth, or any of them. This right applies only to inhabitants of India and can be enforced against the State as well as private individuals, individuals, regarding free access to places of public entertainment or places of public resort maintained partly or wholly out of State funds. The State has the right to make special treatment for women, children and for the development of backward class, scheduled caste or scheduled tribe people.

Article 16 promises equality of opportunity in matters of public employment. It prevents the State from discriminating against anyone in respect of employment on the grounds of religion, race, caste, sex, descent, and place of birth or place of residence. However, the State may provide special reservation to the people of backward classes, scheduled castes or scheduled tribes for the upliftment of the weaker sections as well as for a person professing that particular religion in case of religious institution.

Article17 abolishes the practice of untouchability. It has been declared an offence punishable by law. The Protection of Civil Rights Act, 1955 has been enacted by the Parliament which states punishments for not allowing a person to enter the place of worship and from taking water from a well or tank.

Article 18 prohibits the State from granting any titles other than military or academic distinctions, distinctions, and even the citizens of India cannot accept titles from a foreign state. Thus, Indian aristocratic titles and titles of nobility given by the British have been abolished.

Right to Freedom:

The Right to Freedom is mentioned in Articles 19–22, with the view of guaranteeing individual rights. But some of the rights are subject to security of the State, friendly relation with foreign countries, public order, decency or morality and for which certain restrictions may be imposed by the State on individual liberty under specified condition.

Article 19 assures the citizens of India the following six fundamental freedoms subject to certain restrictions:

- Freedom of Speech and Expression

- Freedom of Assembly

- Freedom of form Associations

- Freedom of Movement

- Freedom of Residence and Settlement

- Freedom of Profession, Occupation, Trade and Business.

Article 20 provides protection from conviction for offences in certain respects, respects, including the rights against ex post facto laws, double danger and freedom from self-incrimination.

Article 21 averts the encroachment /protection of life or personal liberty by the State. No person shall be deprived of his life or personal liberty except according to procedure established by law.

Article 22 offers specific rights to arrested and detained persons, i.e., the rights to be informed of the grounds of arrest, arrest, consult a lawyer of one's own choice, be produced before a magistrate within 24 hours of the arrest, and the freedom not to be detained beyond that period without an order of the magistrate. Article 22 also provides that when a person is detained under any law of preventive detention, the State can detain such person without trial for only three months, months, and any detention for a longer period must be authorised by an Advisory Board. The person being detained, has the right to be informed about the grounds of detention, and be permitted to make a representation against it, at the earliest opportunity.

Right against Exploitation: The Right against Exploitation, contained in Articles 23–24, lays down certain provisions to prevent exploitation of the weaker sections of the society by individuals or the State. Child labour and Begar is forbidden under the Right against Exploitation.

Article 23 prohibits human trafficking and forced labour or any act of compelling a person to work without wages where he was legally entitled not to work or to receive remuneration for it. Any contravention leads to an offence. However, it permits the State to impose compulsory service for public purposes, including conscription and community service. The Bonded Labour system (Abolition) Act, 1976, has been enacted by Parliament to give effect to this Article.

Article 24 prohibits the employment of children below the age of 14 years in factories, mines and other hazardous jobs. Parliament has enacted the Child Labour (Prohibition (Prohibition and Regulation) Regulation) Act, 1986, providing regulations for the abolition of, and penalties for employing, child labour, as well as provisions for rehabilitation of former child labourers. The Employment of Children Act, 1938 was the first act to prevent Child Labour.