Political Science, asked by henrypkgangte, 1 year ago

Examine the significance of human right as reflected in the constitution?

Answers

Answered by HardikSoni11111
1
ANSWER.. ......
Human rights have always been the ground stone for every answer to the questions of human existence. Human rights are the rights available to citizens by virtue of their being human being. Human beings are different from the other animals although he is considered an animal due to biological traits. Human beings require special living conditions for their survival. Human life need more than what is animal existence. 
Indian constitution provides two kinds of rights fundamental rights (part III) and other constitutional rights to citizens and some also to non citizens. Rights like social equality, equality of opportunity,  no racial and other discrimination, right to life and personal liberty, rights of accused have all their origin in basic human rights. Many of the principles of double jeopardy ( art 20), right to human conditions of life (art 22) have also been recognised as human rights in UDHR ( United Nations Declaration Of Human Rights, 1948) and other international conventions.
Human rights are given utmost importance in State actions. Although all human rights are not enforceable by law but those converted in legal rights are enforceable in courts of law. 
Human rights are important :-
1. They for the basis for the express provisions in the constitution, like rights against untouchability (art17), right to education (art21A, by 86th amendment, 2002)
right against bonded and forced labour and right against human trafficking (art23) and right against child labour (art 24) are best examples which evidently are elevated for being just human rights to being a legally enforceable fundamental right.

2. They play important role in dynamic intermretaion of express rights. 
Art 21 is a strong evidence to the liberal interpretation using basic human rights.
Bhagwati J.( as he then was) in 
Maneka Gandhi V.  Union of India have emphasised the importance of human rights in constitution. He said that " human rights can be used as the basis for the liberal construction of constitutional provisions. Constitution must strive to safeguard as much human rights as it is capable of. Moreover the fundamental rights must be given widest possible amplitude to incorporate most of the instances of human rights in basic human living. 

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Answered by yaravavasudha26
0

Answer:

The Rights and Fundamental Rights are sections of the Constitution of India that provides people with their rights. These Fundamental Rights are considered as basic human rights of all citizens, irrespective of their gender, caste, religion or creed. etc. These sections are the vital elements of the constitution, which was developed between 1947 and 1949 by the Constitution of India.

There are six fundamental rights in India. They are Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and  Right to Constitutional Remedies.

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