HUMAN RIGHTS:
AN INDIAN
PERSPECTIVE
Concept of Human Rights
Introduction
Human rights are inherent entitlements possessed by individuals by virtue of being human.
Universally applicable and enduring over time.
Core belief: “All individuals are born free and equal in dignity and rights. They possess reasoning
and conscience and should treat each other with a sense of solidarity.”
Historical Roots
Concept of Human Rights
Historical Roots
Human rights principles can be traced to various ancient legal, cultural, and religious traditions.
Examples: Hindu Vedas, Babylonian Code of Hammurabi, Bible, Quran, and the Analects of
Confucius.
Modern Legal Frameworks
Enshrined in national constitutions (e.g., India) and international conventions.
In India: Fundamental Rights and Directive Principles of State Policy.
International conventions: Universal Declaration of Human Rights (1948), and others.
History of Human Rights in
India
1. Ancient India
Core principle: Dharma, promoting universal well-being.
Vedas, Upanishads, Ramayana, and Mahabharata emphasize equality and dignity.
“Vasudhaiva Kutumbakam”: World as a unified family.
Contributions of Buddha and King Ashoka in promoting welfare and human rights.
History of Human Rights in
India
2. Medieval India
Muslim rule introduced new dynamics in human rights.
Akbar’s Din-E-Ilahi policy promoted secularism and tolerance.
Bhakti and Sufi movements advanced societal rights and equality.
History of Human Rights in
India
3. Modern India
British colonial exploitation restricted freedoms.
Post-independence: Constitution adopted to protect and promote human rights.
Key constitutional provisions:
◦ Fundamental Rights (Part III)
◦ Directive Principles of State Policy (Part IV)
◦ Fundamental Duties.
Development of Human
Rights in Contemporary
India
Legal Provisions
Constitution incorporates global human rights treaties.
Examples of international conventions adopted:
◦ Universal Declaration of Human Rights (1948).
◦ International Covenant on Civil and Political Rights (1976).
Development of Human
Rights in Contemporary
India
Judicial Activism
•Shift from rigid to expansive interpretation of rights.
•Landmark cases:
•A.K. Gopalan v State of Madras: Initial narrow interpretation of Article 21.
•Maneka Gandhi v Union of India: Expanded the scope of Article 21 to include dignity and quality
of life.
•Olga Tellis v Bombay Municipal Corporation: Linked Right to Life with Right to Livelihood.
Rights of Women and Children
•Vishaka v State of Rajasthan: Guidelines for workplace harassment prevention.
•Unni Krishnan v State of AP: Compulsory primary education established.
•People’s Union of Civil Liberties v Union of India: Compensation for child laborers.
LGBTQ+ Rights
•Naz Foundation v Govt. of NCT of Delhi: Decriminalized consensual homosexual relationships.
•Landmark advancement for privacy and equality under Articles 19 and 21.
Recent Challenges
•Arbitrary detentions in Jammu and Kashmir post-Article 370 revocation.
•Increased domestic violence cases during COVID-19 lockdown.
•Journalists targeted under sedition laws and curtailed freedom of expression.
Development of Human
Rights in Contemporary
India
Development of Human Rights in Contemporary India
Legal Provisions
Constitution incorporates global human rights treaties.
Examples of international conventions adopted:
Universal Declaration of Human Rights (1948).
International Covenant on Civil and Political Rights (1976).
Key Legislations Protecting Human Rights in India
Constitutional Provisions
Fundamental Rights (Articles 14-30).
Directive Principles of State Policy.
Fundamental Duties.
Legislative Measures
Protection of Human Rights Act, 1993.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
Protection of Civil Rights Act, 1955.
Juvenile Justice (Care and Protection of Children) Act, 2000.