Examine the significance of Human Rights reflected in the Constitution
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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.
Following this judgment many a human rights have been used as guidelines to give redress Al to aggrieved.
Francis corali V. Union of India acknowledged the tight to live with dignity as a human right protected in art 21.
Bandhua mukti morcha V. Union of India recognised the right to live a free life and have voluntary employment.
Sunil batra (I) V. Delhi administration recognised the right against the prison atrocities.
Unnikrishnan V. State of karnataka incorporated the right to education of 6-14 yrs age group children.
Hoskot V. State of Maharashtra recognised the right to free legal aid.
Hussainara Khatoon V. State of Bihar also recognised the right to speedy trial.
Nilabati Bohra case gave right saint custodial death new contours turning this human right into a fundamental right in expanded art 21.
So human rights have been the guiding lines for the judiciary to interpret the constitutional provisions and the legislature to make the amendments.
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.
Following this judgment many a human rights have been used as guidelines to give redress Al to aggrieved.
Francis corali V. Union of India acknowledged the tight to live with dignity as a human right protected in art 21.
Bandhua mukti morcha V. Union of India recognised the right to live a free life and have voluntary employment.
Sunil batra (I) V. Delhi administration recognised the right against the prison atrocities.
Unnikrishnan V. State of karnataka incorporated the right to education of 6-14 yrs age group children.
Hoskot V. State of Maharashtra recognised the right to free legal aid.
Hussainara Khatoon V. State of Bihar also recognised the right to speedy trial.
Nilabati Bohra case gave right saint custodial death new contours turning this human right into a fundamental right in expanded art 21.
So human rights have been the guiding lines for the judiciary to interpret the constitutional provisions and the legislature to make the amendments.
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