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    Human Rights Udhr Class Assignment

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    lavanya
    The document discusses the origins and development of human rights protections in India. It notes that the concept of human rights has roots in ancient Indian religious texts and was further developed during British rule and independence. The Indian Constitution directly incorporated fundamental rights, drawing from the Universal Declaration of Human Rights. These rights are enforceable in courts and prevent the government from violating civil liberties and individual freedoms. While not legally binding, the Universal Declaration has informed India's understanding of human rights.

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    Human Rights Udhr Class Assignment

    Uploaded by

    lavanya
    24 views2 pages
    The document discusses the origins and development of human rights protections in India. It notes that the concept of human rights has roots in ancient Indian religious texts and was further developed during British rule and independence. The Indian Constitution directly incorporated fundamental rights, drawing from the Universal Declaration of Human Rights. These rights are enforceable in courts and prevent the government from violating civil liberties and individual freedoms. While not legally binding, the Universal Declaration has informed India's understanding of human rights.

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    human rights udhr class assignment

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    The document discusses the origins and development of human rights protections in India. It notes that the concept of human rights has roots in ancient Indian religious texts and was further developed during British rule and independence. The Indian Constitution directly incorporated fundamental rights, drawing from the Universal Declaration of Human Rights. These rights are enforceable in courts and prevent the government from violating civil liberties and individual freedoms. While not legally binding, the Universal Declaration has informed India's understanding of human rights.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    24 views2 pages

    Human Rights Udhr Class Assignment

    Uploaded by

    lavanya
    The document discusses the origins and development of human rights protections in India. It notes that the concept of human rights has roots in ancient Indian religious texts and was further developed during British rule and independence. The Indian Constitution directly incorporated fundamental rights, drawing from the Universal Declaration of Human Rights. These rights are enforceable in courts and prevent the government from violating civil liberties and individual freedoms. While not legally binding, the Universal Declaration has informed India's understanding of human rights.

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    © All Rights Reserved
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    Download as docx, pdf, or txt
    of 2

    The Protection of Human Rights Act, 1993 defines Human Rights as: “human

    rights” means the rights relating to life, liberty, equality and dignity of the
    individual guaranteed by the Constitution or embodied in the International
    Covenants and enforceable by courts in India”.

    The Human Rights in India originated long time ago. It can easily be recognized
    from the principles of Buddhism, Jainism. Hindu religious books and religious
    texts like Gita, Vedas, Arthasatra and Dharmashstra also contained provisions
    of human rights. Muslim rulers like Akbar and Jahangir were also very much
    appreciated for his regard for rights and justice. During the early British era, the
    people suffered a great violation of several rights and this led to the birth of
    modern Human Rights jurisprudence in India.

    On January 24, 1947, Constituent Assembly voted to form an advisory


    committee on Fundamental Rights with Sardar Patel as the Chairman. Drafted
    list of rights were prepared by Dr. B. R. Ambedkar, B. N. Rau, K. T. Shah,
    Harman Singh, K. M. Musnshi and the Congress expert committee. Although
    there were few amendments proposed, there was almost no disagreement on
    the principles incorporated. The rights in the Universal Declaration of Human
    Rights were almost completely covered in the Indian Constitution either in
    Fundamental Rights or Directive Principles of State Policy. Nineteen
    fundamental rights were covered in Motilal Nehru Committee Report, 1928 out
    of which ten appear in the Fundamental Rights whereas three of them appear as
    Fundamental Duties.

    India had signed the Universal Declaration on Human Rights January 01, 1942.
    Part III of the Constitution India ‘also referred as magna carta’ contains the
    Fundamental rights. These are the rights which are directly enforceable against
    the state in case of any violation. Article 13(2) prohibits state from making any
    law in violation of the Fundamental Rights. It always provides that if a part of
    law made is against the Fundamental Rights, that part would be declared as
    void. If the void part cannot be separated from the main act, the whole act may
    be declared as void.

    In the case of Keshvanand Bharti v. State of Kerela, the apex court observed:
    “The Universal Declaration of Human Rights may not be a legally binding
    instrument but it shows how India understood the nature of human rights at the
    time the Constitution was adopted.”

    In the case of Chairman, Railway Board & Ors. v. Chandrima Das & Ors., it was
    observed that UDHR has been recognized as Model code of conduct adopted by
    United Nations General Assembly. The principles may have to be read if needed
    in domestic jurisprudence.

    From a deep study of the Part III and Part IV of the Indian Constitution, it is
    easily evident that almost all of the rights provided in UDHR (Universal
    Declaration on Human Rights) are covered in these two parts.

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