Human Rights Law in Constitution of India 2022

Introduction of Human Rights: Human rights (Law) are rights inherent to all human beings, regardless of gender, nationality, place of residency, sex, ethnicity, religion, color, or other categorization. Thus human rights are non-discriminatory, meaning that all human beings are entitled to them and cannot be excluded from them. Of course, while all human beings are entitled to human rights, not all human beings experience them equally throughout the world, many governments and individuals ignore human rights and grossly exploit other human beings.

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Human Rights Meaning

Human rights have been presumed very significant as these are considered requisite for the existence of human beings. The International Community became aware of these rights with its Declaration on H.R. (Human Rights) on 10th December 1948. The member –nations were asked to encourage and secure the effective recognition and observance of the rights and freedom as declared in the U.N. Declaration on Human Rights. All member states observed 10th December as the human rights day.

It is significant to note that “human rights” is a generic term and it embraces civil rights, civil liberties, and social, economic, and cultural rights. It is, therefore, difficult to give a precise definition of rights. It is, therefore, difficult to give a precise definition of the term human rights. The term human rights is defined by different jurists differently as follows: –

the Vienna Declaration of 1993

According to the Vienna Declaration of 1993

“All human rights derive from the dignity and worth inherent in the human person, and that the person is the central subject of human rights and fundamental freedoms”.

Susan Moller Okin

According to Susan Moller Okin

“Human Rights as a claim to something of crucial importance for human life”.

According to Sec 2 (D) of the Protection of Human Rights Act 1993

“Human rights means the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Indian constitution or embodied (to include or contain something) in the international covenants and enforceable by courts in India.

According to Section 2 (D) of the Human Rights Act 1993

It gives a very narrow definition of human rights and does not include all fundamental rights guaranteed by the Indian Constitution or embodied/expressed in International Covenants On Human Rights.

basic feature of Human Rights

Natural Rights: Human rights are not created by any legislature they assume the position of natural rights in human life.
Inherent like all Individuals:- Human rights, being birth are inherent in all individuals irrespective of their caste, creed, religion, sex, and nationality.
Universal and Inalienable:- The principle of universality of human rights is the cornerstone of international human rights law. The principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions.
Interdependent and Indivisible:- Human rights are called by various names and sometimes separated into different categories- like civil and political rights, and economic, social, and cultural rights. Every right depends on another for fulfillment. Such as the rights to development and self-determination, which are indivisible, interrelated, and interdependent. The enhancements of one right facilities improvement of the others. Likewise, the destitution of one right adversely affects the others.
Equal and Neutral:- The equal and non-discriminatory principle is implemented for everyone concerning all human rights and freedoms and it forbids discrimination based on a list of non-exhaustive categories such as race, color, sex, and so on. The principle of non-discrimination is accompanied by the principle of equality, as stated in AArt. 1 of The Universal Declaration Of Human Rights (U.D.H.R): all human beings are born free and equal in dignity, status, and rights.

Kinds of Human Rights (Law)

According to Lord B. Sohn, human rights may be divided into the following three kinds

Kinds of human rights:- according to Louis B. Sohn, human rights may be divided into the following 3 kinds:-

Human Rights of first-generation:- It is to be noted that the rights contained in the covenant on civil and political rights come under this category that sees their origin in the 13th century in Magna Carta. These rights are those that protect the right to life, personal liberty, right to privacy, home and correspondence, right to own property, freedom from torture, inhuman and degrading treatment, etc.
Human Rights of second-generation:- These rights refer to the economic and social rights which are considered to have originated in the Russian Revolution of 1917 and the Paris Peace Conference of 1919. These rights include the right to adequate food, clothing, housing an adequate standard of living and freedom from hunger, the right to work, the right to social security, the right to physical and mental health, education, etc., that have been provided in the international covenant on economic, social and cultural rights.
Human Rights of third-generation:- Collective rights: according to Louis B. Sohn individuals are also members of such units, groups, or communities as a family, religious community, social club, trade union, professional association, racial group people, nation and state.

“Is Slavery a Violation of Rights”

Now the question is “Is slavery a Violation of Rights”?

Let’s discuss Slavery, forced labor, human trafficking, and forced labor are infringements on human rights because these acts strip human beings of their inherent rights. The Universal Declaration of Human Rights explicitly references slavery, stating in Article 4 that no one shall be held in slavery or servitude, slavery, and the slave trade shall be prohibited in all their forms, slavers, and human traffickers grossly violate human rights since they claim ownership, labor and or the humanity of another human being.

Human rights (Law) (H.R) most relevant to trafficking are

Right to life.
Right to social security.
Right to liberty and security.
Right to freedom of movement.
Right to freedom of association.
Right of children to special protection.
Right to an appropriate standard of living.
Right to just and encouraging conditions of work.
Right to be free from gendered and racialized violence.
Right to the highest achievable standard of mental and physical health.
Right not to be subjected to slavery, servitude, forced labor, or bonded labor.
Right not to be subjected to ill-treatment and/or cruel, inhuman, derogatory treatment or punishment.
Prohibition of discrimination based on race, color, sex, language, religion, political or another opinion, national or social origin, property, birth, or another status.

Is human rights a Legal Right?

A legal right is a right that is recognized and protected by the legal system, legal rights have two important essential elements i.e. Firstly, the holder of the right, and then secondly, the person bound by the duty, and only a legal person can be bound by duties or to be the holder of the legal rights.

Declaration of Human Rights adopted by the general assembly on December 9, 1998, laid down u/article 2

Para 1: That each state has the prime responsibility and duty to protect, implement, and promote all human rights by adopting the necessary initiatives.

Para 2: The above article states that each state shall adopt necessary legislative, administrative, and other steps to ensure that the rights to protect human rights are effectively guaranteed.

Further, the International Covenant on Economic, social, and Cultural Rights adopted in 1966 stipulated in the preamble the obligation of states to promote universal respect for and observance of human rights and freedoms. The above implies that human rights are a legal right.