Sociology, asked by andanarjuna9541, 1 year ago

An essay on implementation of human rights.convention in india

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Answered by shivammishra2006

Human rights are sometimes called fundamental rights or basic rights or natural rights. As fundamental or basic rights. They are the rights which cannot, rather must not be taken away by any legislature or by any Act of the Government and which are often set out in a constitution as Human Rights are not created by any legislation, they resemble very much to the natural rights. They cannot be subjected to the process of amendment even.

Human Rights allow us to develop our personality in physical, mental or spiritual sense up to the widest extent and to use our intelligence and talents fully. It has been universally accepted that human rights are more than a mere collection of socio-economic and political rights.

Human rights were for the first time recognized by the General Assembly of United Nations in 1948 in the name of Universal Declaration of Human Rights. The Universal Declaration of Human Rights is the first segment of the International Bill of Human Rights, which include International Covenant on Economic, Cultural and Social Rights and International Covenant on Civil and Political Rights adopted by the General Assembly in 1966 and came into force in 1976.

Before it the Charter of United Nations also represent a significant advancement so far as in the respect for Human right is concerned, the appalling atrocities of the Nazis against jews and against other races during the Second World War led to a strong movement for the international protection of fundamental human rights and the charter contain numberous of references to them.

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As a matter of fact, with the horrors perpetuated by Nazi and Fascist leaders still in their minds, so the makers of the charter of U.N. were determined that the rights of the individuals be made on international concern.

The provisions concerning human right rim throughout the U.N. Charter “like a golden thread”.

In the Indian context, it may be stated that parts III and IV of Indian constitution along with preamble to the constitution already embody the concept of human rights. Further, India is now a party to sixteen International treaties relating to Human rights including the International Covenant on Economic and Social and Cultural Rights and civil and political rights. It includes International Convention on Racial Discrimination, Covenant on Right of child and the political rights of women; slaves convention, etc.

With the emerging concept of welfare state, in democracy in India, state led to the trend of guaranteeing basic human rights in constitutional law. It presupposes that everyone has a right to life, liberty and security of person, freedom from slavery or servitude, etc. and ensuring equality before law and equal protection of law.

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It is, therefore, evident that the Indian system from the very inception of the constitution has responded well to the Human Rights activism.

The preamble to the constitution which is wedded to the idea of socialistic pattern of society has ensured social, economic and political justice, liberty of thought, expression and belief, faith and worship, equality of status and opportunity to all without any discrimination as to race, caste, sex, religion, place of birth, etc.

Untouchability and titles of all kinds barring military and academic distinction stand abolished. The constitution of ours also provides for freedom of speech and expression, peaceful assembly and freedom of profession, practice and propagation of religion and educational and cultural rights. The constitution also provides reproach to these rights by making them enforceable by direct access to the Supreme Court or the High Court.

The S.C. and H.C. has opened new dimension to the concept of Human Right movement by liberally interpreting and expanding the meaning of Basic Human Right. There are number of cases where the concept of human rights has been given a new dimension through judicial activism.

Thus, the right to life and personal liberty has been interpreted so liberally that now it covers within its ambit variety of rights and includes Right to adequate nutrition, clothing and shelter, right to wholesome environment, right to speedy trial; right to legal aid to poor, right to know, right to compensation, etc.