Textbook: Human Rights in India | Legal Studies for Class 12 - Humanities/Arts PDF Download

 Page 1


Human Rights in India
Learning Outcomes :
Students will be able to:
•	 understand	the	meaning	of	rights	and	human	rights
•	 differ entiate	between	human	rights	and	fundamental	rights
•	 appr eciate	the	significance	of	Universal	Declaration	of	Human	Rights	
•	 understand	the	link	between	Sustainable	Development	Goals	and	Human	Rights
•	 understand	how	human	rights	laws	ar e	rooted	in	its	constitution	in	India
•	 discuss	various	kinds	of	human	rights	that	ar e	safeguarded	by	laws	in	India	
This	Unit	consists	 of	two	 main	chapters,	one	on	the	Human	Rights	laws	 in	India,	Indian	Constitution	
and	 Statute	 L aws,	 and	 the	 other	 on	 the	 Human	 Rights	 commissions	 and	 their	 complaint	 mechanisms.
The	focus	of	this	Sub	-unit	is	on	Human	rights	laws	in	India.	
A. Introduction
1. Historical Context
Historically ,	 varied	 r eligious 	 and	 social	 traditions	 as	 well	 as	 philosophical	 writings	 have	 r ecognized	
in	 differ ent	 ways	 and	 with	 diverse	 perspectives	 the	 inhe r ent	 rules	 of	 being	 humans,	 par ticularly	 the	
principles	 that	 ensur e	 r espect	 for	 human	 dignity .	 Such	 principles	 have	 commonly	 been	 understood	
as	 basic	 and	 unalienable.	 F or	 e xample,	 traditions	 like	 Christianity ,	 Islam,	 Hinduism,	 Buddhism,	 and	
Confucian	 have	 made	 r efer ence	 to	 ‘ r espect’	 and	 ‘ well-being’	 for	 others,	 which	 mean	 that	 human	
beings	 must	 conduct	 themselves	 in	 par ticular	 ways.	 The	 moder n	 society ,	 also ,	 has	 r ecognized	 cer tain	
rules	 of	 r especting	 human	 dignity	 and	 their	 well-being	 and	 for mulated	 them	 in	 the	 for m	 of	 human	
rights.	
Generally ,	 the	 word	 ‘ rights’	 denote	 that	 these	 rules	 ar e	 entitlements	 or	 claims	 of	 all	 to	 be	 r ecognized	
and	 protected 	 through	 duties	 and	 obligations,	 and	 the	 State	 ensur es	 that	 human	 rights	 of	 all	 ar e	
guaranteed.
Human	 rights	 ar e	 standards	 that	 r ecognize	 and	 protect	 the	 dignity	 of	 all	 human	 beings.	 Human	 rights	
gover n	how	 individual	human	beings	live	in	society	 and	 with	 each	other ,	 as	 well	 as	 their	r elationship	
with	the	State	and	obligations	that	the	State	has	towards	them.
Human	 rights	 ar e	 based	 on	 values	 that	 keep	 society	 fair ,	 just	 and	 equal.	 They	 include	 the	 right	 to	 life,	
the	right	to	health	and	the	right	to	fr eedom	from	tor tur e	etc.
i. How did the story of Human Rights begin?
The	 origin	 of	 Human	 Rights	 began	 in	 the	 year	 539	 BC	 when	 troops	 of	 Cyrus	 the	 Gr eat,	 conquer ed	
Babylon.	 After	 winning	 the	 war ,	 Cyrus	 did	 something	 une xpected!	 He	 fr eed	 the	 slaves	 to	 r etur n	 home.	
He	also	declar ed	that	all	people	had	the	right	to	choose	their	own	r eligion.
CHAPTER
5(A)
Page 2


Human Rights in India
Learning Outcomes :
Students will be able to:
•	 understand	the	meaning	of	rights	and	human	rights
•	 differ entiate	between	human	rights	and	fundamental	rights
•	 appr eciate	the	significance	of	Universal	Declaration	of	Human	Rights	
•	 understand	the	link	between	Sustainable	Development	Goals	and	Human	Rights
•	 understand	how	human	rights	laws	ar e	rooted	in	its	constitution	in	India
•	 discuss	various	kinds	of	human	rights	that	ar e	safeguarded	by	laws	in	India	
This	Unit	consists	 of	two	 main	chapters,	one	on	the	Human	Rights	laws	 in	India,	Indian	Constitution	
and	 Statute	 L aws,	 and	 the	 other	 on	 the	 Human	 Rights	 commissions	 and	 their	 complaint	 mechanisms.
The	focus	of	this	Sub	-unit	is	on	Human	rights	laws	in	India.	
A. Introduction
1. Historical Context
Historically ,	 varied	 r eligious 	 and	 social	 traditions	 as	 well	 as	 philosophical	 writings	 have	 r ecognized	
in	 differ ent	 ways	 and	 with	 diverse	 perspectives	 the	 inhe r ent	 rules	 of	 being	 humans,	 par ticularly	 the	
principles	 that	 ensur e	 r espect	 for	 human	 dignity .	 Such	 principles	 have	 commonly	 been	 understood	
as	 basic	 and	 unalienable.	 F or	 e xample,	 traditions	 like	 Christianity ,	 Islam,	 Hinduism,	 Buddhism,	 and	
Confucian	 have	 made	 r efer ence	 to	 ‘ r espect’	 and	 ‘ well-being’	 for	 others,	 which	 mean	 that	 human	
beings	 must	 conduct	 themselves	 in	 par ticular	 ways.	 The	 moder n	 society ,	 also ,	 has	 r ecognized	 cer tain	
rules	 of	 r especting	 human	 dignity	 and	 their	 well-being	 and	 for mulated	 them	 in	 the	 for m	 of	 human	
rights.	
Generally ,	 the	 word	 ‘ rights’	 denote	 that	 these	 rules	 ar e	 entitlements	 or	 claims	 of	 all	 to	 be	 r ecognized	
and	 protected 	 through	 duties	 and	 obligations,	 and	 the	 State	 ensur es	 that	 human	 rights	 of	 all	 ar e	
guaranteed.
Human	 rights	 ar e	 standards	 that	 r ecognize	 and	 protect	 the	 dignity	 of	 all	 human	 beings.	 Human	 rights	
gover n	how	 individual	human	beings	live	in	society	 and	 with	 each	other ,	 as	 well	 as	 their	r elationship	
with	the	State	and	obligations	that	the	State	has	towards	them.
Human	 rights	 ar e	 based	 on	 values	 that	 keep	 society	 fair ,	 just	 and	 equal.	 They	 include	 the	 right	 to	 life,	
the	right	to	health	and	the	right	to	fr eedom	from	tor tur e	etc.
i. How did the story of Human Rights begin?
The	 origin	 of	 Human	 Rights	 began	 in	 the	 year	 539	 BC	 when	 troops	 of	 Cyrus	 the	 Gr eat,	 conquer ed	
Babylon.	 After	 winning	 the	 war ,	 Cyrus	 did	 something	 une xpected!	 He	 fr eed	 the	 slaves	 to	 r etur n	 home.	
He	also	declar ed	that	all	people	had	the	right	to	choose	their	own	r eligion.
CHAPTER
5(A)
In	 the	 20th	 centur y ,	 during 	 the	 Second	 W orld	 W ar ,	 the	 world	 saw	 barbarous	 acts	 that	 outraged	
the	 conscience	 of	 mankind.	 In	 December	 1948,	 this	 r esulted	 in	 the	 adoption	 of	 Universal	 Declaration	
of	 Human	 Rights	 (UDHR)	 by	 the	 then	 newly	 established	 United	 Nations	 that	 r ecognized	 human	 rights	
to	be	the	foundation	for	fr eedom,	justice	and	peace.
ii. What is a Right?
A	 ‘Right’	 is	 a	 moral	 or	 legal	 entitlement	 to	 have	 or	 do	 something.	 A	 right	 is	 a	 justified	 claim	 on	 
others.	 In	 other	 words,	 Rights	 ar e	 r easonable	 privileges	 or	 claims	 of	 people	 which	 ar e	 accepted	 	 by	
society	and	affir med	by	statute.
Rights include human rights and fundamental rights.
iii. What are Human Rights?
•	 Human	 rights	 ar e	 basic	 rights	 that	 we	 have	 because	 we	 e xist	 as	 human	
beings.	These	ar e	not	granted	by	any	state.
•	 Human	 rights	 belong	 to	 all	 human	 beings	 ir r espective	 of	 their	 nationality ,	
race,	 caste,	 cr eed,	 gender ,	 etc.	 All	 individuals	 enjoy	 same	 human	 rights,	
without	any	discrimination.
•	 Human	 rights	 ar e	 safeguards	 that	 a	 human	 being	 seeks	 in	 order	 to	 live	
with	 dignity	 and	 equality .	 Ther efor e,	 human	 rights	 ar e	universal and 
inalienable 	rights.
•	 The	 prin ciple	 of	universality 	 of	 human	 rights	 means	 that	 we	 ar e	 all	 equally	 entitle d	 to	 our	
human	rights.
•	 Human	 rights	 ar e	inalienable ;	 ther efor e,	 these	 should	 not	 be	 taken	 away ,	 e xcept	 in	 specific	
situations	 and	 according	 to	 due	 process.	 F or	 instance,	 the	 right	 to	 liber ty	 may	 be	 r estricted	 if	 a	
person	is	found	guilty	of	a	crime	by	a	cour t	of	law .
•	 A	 few	 e xamples	 of	 human	 rights	 ar e	 those	 basic	 rights	 that	 ensur e	 fair ness,	 equality ,	 fr eedom	
and	 r espect	 to	 all	 people. 	 These	 rights	 abolish	 vario us	 unjust	 practices	 like	 e xploitation,	
discrimination	and	inequality .
•	 Human	 rights	 include	 most	 fundamental	 rights	 like	 right	 to	 life,	 rights	 to	 food,	 education,	 work,	
health,	and	liber ty	etc.
Human Rights 
Logo 
The	 Cyrus	 Cylinder -	It is a clay tablet containing 
statements of Cyrus, the Great. It is the first 
human rights declaration in history.
Page 3


Human Rights in India
Learning Outcomes :
Students will be able to:
•	 understand	the	meaning	of	rights	and	human	rights
•	 differ entiate	between	human	rights	and	fundamental	rights
•	 appr eciate	the	significance	of	Universal	Declaration	of	Human	Rights	
•	 understand	the	link	between	Sustainable	Development	Goals	and	Human	Rights
•	 understand	how	human	rights	laws	ar e	rooted	in	its	constitution	in	India
•	 discuss	various	kinds	of	human	rights	that	ar e	safeguarded	by	laws	in	India	
This	Unit	consists	 of	two	 main	chapters,	one	on	the	Human	Rights	laws	 in	India,	Indian	Constitution	
and	 Statute	 L aws,	 and	 the	 other	 on	 the	 Human	 Rights	 commissions	 and	 their	 complaint	 mechanisms.
The	focus	of	this	Sub	-unit	is	on	Human	rights	laws	in	India.	
A. Introduction
1. Historical Context
Historically ,	 varied	 r eligious 	 and	 social	 traditions	 as	 well	 as	 philosophical	 writings	 have	 r ecognized	
in	 differ ent	 ways	 and	 with	 diverse	 perspectives	 the	 inhe r ent	 rules	 of	 being	 humans,	 par ticularly	 the	
principles	 that	 ensur e	 r espect	 for	 human	 dignity .	 Such	 principles	 have	 commonly	 been	 understood	
as	 basic	 and	 unalienable.	 F or	 e xample,	 traditions	 like	 Christianity ,	 Islam,	 Hinduism,	 Buddhism,	 and	
Confucian	 have	 made	 r efer ence	 to	 ‘ r espect’	 and	 ‘ well-being’	 for	 others,	 which	 mean	 that	 human	
beings	 must	 conduct	 themselves	 in	 par ticular	 ways.	 The	 moder n	 society ,	 also ,	 has	 r ecognized	 cer tain	
rules	 of	 r especting	 human	 dignity	 and	 their	 well-being	 and	 for mulated	 them	 in	 the	 for m	 of	 human	
rights.	
Generally ,	 the	 word	 ‘ rights’	 denote	 that	 these	 rules	 ar e	 entitlements	 or	 claims	 of	 all	 to	 be	 r ecognized	
and	 protected 	 through	 duties	 and	 obligations,	 and	 the	 State	 ensur es	 that	 human	 rights	 of	 all	 ar e	
guaranteed.
Human	 rights	 ar e	 standards	 that	 r ecognize	 and	 protect	 the	 dignity	 of	 all	 human	 beings.	 Human	 rights	
gover n	how	 individual	human	beings	live	in	society	 and	 with	 each	other ,	 as	 well	 as	 their	r elationship	
with	the	State	and	obligations	that	the	State	has	towards	them.
Human	 rights	 ar e	 based	 on	 values	 that	 keep	 society	 fair ,	 just	 and	 equal.	 They	 include	 the	 right	 to	 life,	
the	right	to	health	and	the	right	to	fr eedom	from	tor tur e	etc.
i. How did the story of Human Rights begin?
The	 origin	 of	 Human	 Rights	 began	 in	 the	 year	 539	 BC	 when	 troops	 of	 Cyrus	 the	 Gr eat,	 conquer ed	
Babylon.	 After	 winning	 the	 war ,	 Cyrus	 did	 something	 une xpected!	 He	 fr eed	 the	 slaves	 to	 r etur n	 home.	
He	also	declar ed	that	all	people	had	the	right	to	choose	their	own	r eligion.
CHAPTER
5(A)
In	 the	 20th	 centur y ,	 during 	 the	 Second	 W orld	 W ar ,	 the	 world	 saw	 barbarous	 acts	 that	 outraged	
the	 conscience	 of	 mankind.	 In	 December	 1948,	 this	 r esulted	 in	 the	 adoption	 of	 Universal	 Declaration	
of	 Human	 Rights	 (UDHR)	 by	 the	 then	 newly	 established	 United	 Nations	 that	 r ecognized	 human	 rights	
to	be	the	foundation	for	fr eedom,	justice	and	peace.
ii. What is a Right?
A	 ‘Right’	 is	 a	 moral	 or	 legal	 entitlement	 to	 have	 or	 do	 something.	 A	 right	 is	 a	 justified	 claim	 on	 
others.	 In	 other	 words,	 Rights	 ar e	 r easonable	 privileges	 or	 claims	 of	 people	 which	 ar e	 accepted	 	 by	
society	and	affir med	by	statute.
Rights include human rights and fundamental rights.
iii. What are Human Rights?
•	 Human	 rights	 ar e	 basic	 rights	 that	 we	 have	 because	 we	 e xist	 as	 human	
beings.	These	ar e	not	granted	by	any	state.
•	 Human	 rights	 belong	 to	 all	 human	 beings	 ir r espective	 of	 their	 nationality ,	
race,	 caste,	 cr eed,	 gender ,	 etc.	 All	 individuals	 enjoy	 same	 human	 rights,	
without	any	discrimination.
•	 Human	 rights	 ar e	 safeguards	 that	 a	 human	 being	 seeks	 in	 order	 to	 live	
with	 dignity	 and	 equality .	 Ther efor e,	 human	 rights	 ar e	universal and 
inalienable 	rights.
•	 The	 prin ciple	 of	universality 	 of	 human	 rights	 means	 that	 we	 ar e	 all	 equally	 entitle d	 to	 our	
human	rights.
•	 Human	 rights	 ar e	inalienable ;	 ther efor e,	 these	 should	 not	 be	 taken	 away ,	 e xcept	 in	 specific	
situations	 and	 according	 to	 due	 process.	 F or	 instance,	 the	 right	 to	 liber ty	 may	 be	 r estricted	 if	 a	
person	is	found	guilty	of	a	crime	by	a	cour t	of	law .
•	 A	 few	 e xamples	 of	 human	 rights	 ar e	 those	 basic	 rights	 that	 ensur e	 fair ness,	 equality ,	 fr eedom	
and	 r espect	 to	 all	 people. 	 These	 rights	 abolish	 vario us	 unjust	 practices	 like	 e xploitation,	
discrimination	and	inequality .
•	 Human	 rights	 include	 most	 fundamental	 rights	 like	 right	 to	 life,	 rights	 to	 food,	 education,	 work,	
health,	and	liber ty	etc.
Human Rights 
Logo 
The	 Cyrus	 Cylinder -	It is a clay tablet containing 
statements of Cyrus, the Great. It is the first 
human rights declaration in history.
iv. International Human Rights
•	 In	 1948, 	 the	 United	 Nations	 General	 Assembly	 adopted	 Universal	 Declaration	 of	 Human	 Rights	
(UDHR)	as	´a	common	standard	of	achievement	for	all	peoples	and	nations.’
•	 The	 Universal	 Declaration	 of	 Human	 Rights	 provid es	 and	 defines	 various	 kinds	 of	 human	 rights	
that	ar e	applicable	to	all	human	beings.	
•	 These	 include	 the	 fundamental,	 civil,	 political,	 economic,	 social	 and	 cultural	 rights,	 for	 e xample	
fr eedom	 of	 speech,	 assembly ,	 conscience	 and	 r eligion;	 right	 to	 education;	 right	 to	 livelihood	 and	
decent	 standard	 of	 living;	 right	 to	 life,	 liber ty	 and	 security	 of	 person;	 right	 to	 equality ;	 fr eedom	
from	all	for ms	of	discriminations	including	based	on	gender	and	race;	and	so	on.	
•	 The	 principle	 of	 universality	 of	 human	 rights	 is	 the	 cor nerstone	 of	 inter national	 human	 rights	
law .
•	 The	 Universal	 Declara tion	 of	 Human	 Rights	 has	 been	 embraced	 by	 almost	 all	 member	 States	 of	
the	 United	 Nations.	 All	 members	 states	 have	 committed	 to	 r espect	 and	 protect	 the	 basic	 human	
rights	values	provided	ther ein.
v. What are Fundamental Rights?
F undamental	 Rights	 ar e	 basic	 rights	 of	 the	 citizens	 of	 a	 countr y .	 F undamental	 Rights	 ar e	 enshrined	
in	 the	 Constitu tion	 and	 they	 ar e	 enfor ceable	 in	 the	 cour t	 of	 law .	 If	 ther e	 is	 any	 kind	 of	 violation	 of	
fundamental	rights,	one	can	approach	the	cour t	for	protection	of	such	rights.
Difference between Fundamental Rights and Human Rights 
The	 main	 differ ence	 between	 fundamental	 rights	 and	 human	 rights	 is	 that	 the	 fundamental	 rights	 ar e	
specific	to	a	par ticular	countr y ,	wher eas	human	rights	have	worldwide	acceptance.	
BASIS FOR  
COMPARISON
FUNDAMENTAL RIGHTS HUMAN RIGHTS
Meaning F undamental	 Rights	 ar e	 the	 basic	 rights	 of	
citizens	 of	 a	 countr y	 which	 ar e	 stated	 in	 the	
constitution	 and	 enfor ced	 by	 law .	 These	
may	slightly	var y	from	countr y	to	countr y .
Human	 Rights	 ar e	 the	 basic	
rights	 that	 all	 human	 beings	
can	 enjoy , r egardless	 of	 their	
nationality ,	 ethnicity	 and	
r eligion	etc.
Scope It	is	countr y	specific. It	is	universal.
F undamental	 Rights	 and	 Human	 Rights	 ar e	 impor tant	 to	 cr eate	 a	 better	 environment	 for	 people	 and	
to	help	them	pr eser ve	their	dignity .
Page 4


Human Rights in India
Learning Outcomes :
Students will be able to:
•	 understand	the	meaning	of	rights	and	human	rights
•	 differ entiate	between	human	rights	and	fundamental	rights
•	 appr eciate	the	significance	of	Universal	Declaration	of	Human	Rights	
•	 understand	the	link	between	Sustainable	Development	Goals	and	Human	Rights
•	 understand	how	human	rights	laws	ar e	rooted	in	its	constitution	in	India
•	 discuss	various	kinds	of	human	rights	that	ar e	safeguarded	by	laws	in	India	
This	Unit	consists	 of	two	 main	chapters,	one	on	the	Human	Rights	laws	 in	India,	Indian	Constitution	
and	 Statute	 L aws,	 and	 the	 other	 on	 the	 Human	 Rights	 commissions	 and	 their	 complaint	 mechanisms.
The	focus	of	this	Sub	-unit	is	on	Human	rights	laws	in	India.	
A. Introduction
1. Historical Context
Historically ,	 varied	 r eligious 	 and	 social	 traditions	 as	 well	 as	 philosophical	 writings	 have	 r ecognized	
in	 differ ent	 ways	 and	 with	 diverse	 perspectives	 the	 inhe r ent	 rules	 of	 being	 humans,	 par ticularly	 the	
principles	 that	 ensur e	 r espect	 for	 human	 dignity .	 Such	 principles	 have	 commonly	 been	 understood	
as	 basic	 and	 unalienable.	 F or	 e xample,	 traditions	 like	 Christianity ,	 Islam,	 Hinduism,	 Buddhism,	 and	
Confucian	 have	 made	 r efer ence	 to	 ‘ r espect’	 and	 ‘ well-being’	 for	 others,	 which	 mean	 that	 human	
beings	 must	 conduct	 themselves	 in	 par ticular	 ways.	 The	 moder n	 society ,	 also ,	 has	 r ecognized	 cer tain	
rules	 of	 r especting	 human	 dignity	 and	 their	 well-being	 and	 for mulated	 them	 in	 the	 for m	 of	 human	
rights.	
Generally ,	 the	 word	 ‘ rights’	 denote	 that	 these	 rules	 ar e	 entitlements	 or	 claims	 of	 all	 to	 be	 r ecognized	
and	 protected 	 through	 duties	 and	 obligations,	 and	 the	 State	 ensur es	 that	 human	 rights	 of	 all	 ar e	
guaranteed.
Human	 rights	 ar e	 standards	 that	 r ecognize	 and	 protect	 the	 dignity	 of	 all	 human	 beings.	 Human	 rights	
gover n	how	 individual	human	beings	live	in	society	 and	 with	 each	other ,	 as	 well	 as	 their	r elationship	
with	the	State	and	obligations	that	the	State	has	towards	them.
Human	 rights	 ar e	 based	 on	 values	 that	 keep	 society	 fair ,	 just	 and	 equal.	 They	 include	 the	 right	 to	 life,	
the	right	to	health	and	the	right	to	fr eedom	from	tor tur e	etc.
i. How did the story of Human Rights begin?
The	 origin	 of	 Human	 Rights	 began	 in	 the	 year	 539	 BC	 when	 troops	 of	 Cyrus	 the	 Gr eat,	 conquer ed	
Babylon.	 After	 winning	 the	 war ,	 Cyrus	 did	 something	 une xpected!	 He	 fr eed	 the	 slaves	 to	 r etur n	 home.	
He	also	declar ed	that	all	people	had	the	right	to	choose	their	own	r eligion.
CHAPTER
5(A)
In	 the	 20th	 centur y ,	 during 	 the	 Second	 W orld	 W ar ,	 the	 world	 saw	 barbarous	 acts	 that	 outraged	
the	 conscience	 of	 mankind.	 In	 December	 1948,	 this	 r esulted	 in	 the	 adoption	 of	 Universal	 Declaration	
of	 Human	 Rights	 (UDHR)	 by	 the	 then	 newly	 established	 United	 Nations	 that	 r ecognized	 human	 rights	
to	be	the	foundation	for	fr eedom,	justice	and	peace.
ii. What is a Right?
A	 ‘Right’	 is	 a	 moral	 or	 legal	 entitlement	 to	 have	 or	 do	 something.	 A	 right	 is	 a	 justified	 claim	 on	 
others.	 In	 other	 words,	 Rights	 ar e	 r easonable	 privileges	 or	 claims	 of	 people	 which	 ar e	 accepted	 	 by	
society	and	affir med	by	statute.
Rights include human rights and fundamental rights.
iii. What are Human Rights?
•	 Human	 rights	 ar e	 basic	 rights	 that	 we	 have	 because	 we	 e xist	 as	 human	
beings.	These	ar e	not	granted	by	any	state.
•	 Human	 rights	 belong	 to	 all	 human	 beings	 ir r espective	 of	 their	 nationality ,	
race,	 caste,	 cr eed,	 gender ,	 etc.	 All	 individuals	 enjoy	 same	 human	 rights,	
without	any	discrimination.
•	 Human	 rights	 ar e	 safeguards	 that	 a	 human	 being	 seeks	 in	 order	 to	 live	
with	 dignity	 and	 equality .	 Ther efor e,	 human	 rights	 ar e	universal and 
inalienable 	rights.
•	 The	 prin ciple	 of	universality 	 of	 human	 rights	 means	 that	 we	 ar e	 all	 equally	 entitle d	 to	 our	
human	rights.
•	 Human	 rights	 ar e	inalienable ;	 ther efor e,	 these	 should	 not	 be	 taken	 away ,	 e xcept	 in	 specific	
situations	 and	 according	 to	 due	 process.	 F or	 instance,	 the	 right	 to	 liber ty	 may	 be	 r estricted	 if	 a	
person	is	found	guilty	of	a	crime	by	a	cour t	of	law .
•	 A	 few	 e xamples	 of	 human	 rights	 ar e	 those	 basic	 rights	 that	 ensur e	 fair ness,	 equality ,	 fr eedom	
and	 r espect	 to	 all	 people. 	 These	 rights	 abolish	 vario us	 unjust	 practices	 like	 e xploitation,	
discrimination	and	inequality .
•	 Human	 rights	 include	 most	 fundamental	 rights	 like	 right	 to	 life,	 rights	 to	 food,	 education,	 work,	
health,	and	liber ty	etc.
Human Rights 
Logo 
The	 Cyrus	 Cylinder -	It is a clay tablet containing 
statements of Cyrus, the Great. It is the first 
human rights declaration in history.
iv. International Human Rights
•	 In	 1948, 	 the	 United	 Nations	 General	 Assembly	 adopted	 Universal	 Declaration	 of	 Human	 Rights	
(UDHR)	as	´a	common	standard	of	achievement	for	all	peoples	and	nations.’
•	 The	 Universal	 Declaration	 of	 Human	 Rights	 provid es	 and	 defines	 various	 kinds	 of	 human	 rights	
that	ar e	applicable	to	all	human	beings.	
•	 These	 include	 the	 fundamental,	 civil,	 political,	 economic,	 social	 and	 cultural	 rights,	 for	 e xample	
fr eedom	 of	 speech,	 assembly ,	 conscience	 and	 r eligion;	 right	 to	 education;	 right	 to	 livelihood	 and	
decent	 standard	 of	 living;	 right	 to	 life,	 liber ty	 and	 security	 of	 person;	 right	 to	 equality ;	 fr eedom	
from	all	for ms	of	discriminations	including	based	on	gender	and	race;	and	so	on.	
•	 The	 principle	 of	 universality	 of	 human	 rights	 is	 the	 cor nerstone	 of	 inter national	 human	 rights	
law .
•	 The	 Universal	 Declara tion	 of	 Human	 Rights	 has	 been	 embraced	 by	 almost	 all	 member	 States	 of	
the	 United	 Nations.	 All	 members	 states	 have	 committed	 to	 r espect	 and	 protect	 the	 basic	 human	
rights	values	provided	ther ein.
v. What are Fundamental Rights?
F undamental	 Rights	 ar e	 basic	 rights	 of	 the	 citizens	 of	 a	 countr y .	 F undamental	 Rights	 ar e	 enshrined	
in	 the	 Constitu tion	 and	 they	 ar e	 enfor ceable	 in	 the	 cour t	 of	 law .	 If	 ther e	 is	 any	 kind	 of	 violation	 of	
fundamental	rights,	one	can	approach	the	cour t	for	protection	of	such	rights.
Difference between Fundamental Rights and Human Rights 
The	 main	 differ ence	 between	 fundamental	 rights	 and	 human	 rights	 is	 that	 the	 fundamental	 rights	 ar e	
specific	to	a	par ticular	countr y ,	wher eas	human	rights	have	worldwide	acceptance.	
BASIS FOR  
COMPARISON
FUNDAMENTAL RIGHTS HUMAN RIGHTS
Meaning F undamental	 Rights	 ar e	 the	 basic	 rights	 of	
citizens	 of	 a	 countr y	 which	 ar e	 stated	 in	 the	
constitution	 and	 enfor ced	 by	 law .	 These	
may	slightly	var y	from	countr y	to	countr y .
Human	 Rights	 ar e	 the	 basic	
rights	 that	 all	 human	 beings	
can	 enjoy , r egardless	 of	 their	
nationality ,	 ethnicity	 and	
r eligion	etc.
Scope It	is	countr y	specific. It	is	universal.
F undamental	 Rights	 and	 Human	 Rights	 ar e	 impor tant	 to	 cr eate	 a	 better	 environment	 for	 people	 and	
to	help	them	pr eser ve	their	dignity .
130
vi. Sustainable Development Goals and Human Rights
The	 Sustainable	 Development	 Goals	 (SDGs)	 and	 human	 rights	 ar e	 interlinked.	 Over	 90	 per cent	
of	 the	 goals	 of	 the	 SDGs	 r elate	 to	 human	 rights	 obligations	 When	 a	 State	 makes	 progr ess	 towards	
achieving	 SDGs	 they	 move	 for ward	 to	 fulfil	 their	 human 	 rights	 obligations.	 F ew	 SDGs	 that	 ar e	 linked	
to	human	rights	ar e:
No Poverty         Gender Equality       Zero Hunger                         
 
B. Indian Constitutional framework on Human Rights and 
related Laws in India
In	 India ,	 hum an	 rights	 ar e	 rooted	 in	 its	 Constitution	 just	 like	 the	 US,	 South	 Africa,	 and	 many	 other	
countries.	The	Indian	constitutional	human	rights	framework	involves	the	following	par ts:
1. The Preamble
2. Fundamental Rights: 	P ar t	III	of	the	Constitution	contains	the	F undamental	Rights	
3. Directive Principles: 	P ar t	IV	of	the	Constitution	contains	Dir ective	P rinciples	and
4. Fundamental Duties: 	P ar t	IV(A)	contains	F undamental	Duties
1. The Preamble
The	 Constitution	 of	 India	 begins	 with	 the	 P r eamble	 affir ming	 its	 aims,	 objectives,	 and	 the	 guiding	
principles.	 The	 principles	 laid	 out	 in	 the	 P r eamble	 ar e	 used	 for	 interpr eting	 provisions	 of	 the	
Constitution	that	ar e	vague	and	ambiguous.	
The	 P r eamble 	 is	 the	 ‘basic structure ’	 of	 the	 Constitu tion.	 The	 doctrine	 of	 ‘basic	 structur e’	 takes	
away	 the	 amendment	 power	 of	 the	 P arliament	 with	 r egards	 to	 cer tain	 featur es	 of	 the	 Constitution	
such	 as	 democracy ,	 rule	 of	 law ,	 secularism,	 separation	 of	 powers	 and	 judicial	 r eview .	 Some	 of	 these	
featur es	appear	in	the	P r eamble.	
The	 P r eamble	 proclaims	 the	 rights	 and	 fr eedoms,	 provisi ons	 of	 which	 ar e	 contained	 in	 the	 Constitution	
in	various	par ts	and	clauses	aimed	´to	secur e	to	all	its	citizens’	those	rights	and	fr eedoms.
2. Fundamental Rights - Part III of the Constitution
(i)	 Articles 12-35 in Part III 	 of	 the	 Constitution	 contain	 the	 provisions	 on	fundamental rights .	
	 F undamental	rights	ar e	largely	civil and political rights .
	 The	fundamental	rights	in	India	consists	of	the	following	rights:
 a) Right to equality- Articles 14-18
 b) Right to freedom- Articles 19-22
 c) Right against exploitation- Articles 23-24
 d) Right to freedom of religion- Articles 25-28
 e) Cultural and educational rights- Articles 29-30
 f) Right to constitutional remedies- Articles 32
Page 5


Human Rights in India
Learning Outcomes :
Students will be able to:
•	 understand	the	meaning	of	rights	and	human	rights
•	 differ entiate	between	human	rights	and	fundamental	rights
•	 appr eciate	the	significance	of	Universal	Declaration	of	Human	Rights	
•	 understand	the	link	between	Sustainable	Development	Goals	and	Human	Rights
•	 understand	how	human	rights	laws	ar e	rooted	in	its	constitution	in	India
•	 discuss	various	kinds	of	human	rights	that	ar e	safeguarded	by	laws	in	India	
This	Unit	consists	 of	two	 main	chapters,	one	on	the	Human	Rights	laws	 in	India,	Indian	Constitution	
and	 Statute	 L aws,	 and	 the	 other	 on	 the	 Human	 Rights	 commissions	 and	 their	 complaint	 mechanisms.
The	focus	of	this	Sub	-unit	is	on	Human	rights	laws	in	India.	
A. Introduction
1. Historical Context
Historically ,	 varied	 r eligious 	 and	 social	 traditions	 as	 well	 as	 philosophical	 writings	 have	 r ecognized	
in	 differ ent	 ways	 and	 with	 diverse	 perspectives	 the	 inhe r ent	 rules	 of	 being	 humans,	 par ticularly	 the	
principles	 that	 ensur e	 r espect	 for	 human	 dignity .	 Such	 principles	 have	 commonly	 been	 understood	
as	 basic	 and	 unalienable.	 F or	 e xample,	 traditions	 like	 Christianity ,	 Islam,	 Hinduism,	 Buddhism,	 and	
Confucian	 have	 made	 r efer ence	 to	 ‘ r espect’	 and	 ‘ well-being’	 for	 others,	 which	 mean	 that	 human	
beings	 must	 conduct	 themselves	 in	 par ticular	 ways.	 The	 moder n	 society ,	 also ,	 has	 r ecognized	 cer tain	
rules	 of	 r especting	 human	 dignity	 and	 their	 well-being	 and	 for mulated	 them	 in	 the	 for m	 of	 human	
rights.	
Generally ,	 the	 word	 ‘ rights’	 denote	 that	 these	 rules	 ar e	 entitlements	 or	 claims	 of	 all	 to	 be	 r ecognized	
and	 protected 	 through	 duties	 and	 obligations,	 and	 the	 State	 ensur es	 that	 human	 rights	 of	 all	 ar e	
guaranteed.
Human	 rights	 ar e	 standards	 that	 r ecognize	 and	 protect	 the	 dignity	 of	 all	 human	 beings.	 Human	 rights	
gover n	how	 individual	human	beings	live	in	society	 and	 with	 each	other ,	 as	 well	 as	 their	r elationship	
with	the	State	and	obligations	that	the	State	has	towards	them.
Human	 rights	 ar e	 based	 on	 values	 that	 keep	 society	 fair ,	 just	 and	 equal.	 They	 include	 the	 right	 to	 life,	
the	right	to	health	and	the	right	to	fr eedom	from	tor tur e	etc.
i. How did the story of Human Rights begin?
The	 origin	 of	 Human	 Rights	 began	 in	 the	 year	 539	 BC	 when	 troops	 of	 Cyrus	 the	 Gr eat,	 conquer ed	
Babylon.	 After	 winning	 the	 war ,	 Cyrus	 did	 something	 une xpected!	 He	 fr eed	 the	 slaves	 to	 r etur n	 home.	
He	also	declar ed	that	all	people	had	the	right	to	choose	their	own	r eligion.
CHAPTER
5(A)
In	 the	 20th	 centur y ,	 during 	 the	 Second	 W orld	 W ar ,	 the	 world	 saw	 barbarous	 acts	 that	 outraged	
the	 conscience	 of	 mankind.	 In	 December	 1948,	 this	 r esulted	 in	 the	 adoption	 of	 Universal	 Declaration	
of	 Human	 Rights	 (UDHR)	 by	 the	 then	 newly	 established	 United	 Nations	 that	 r ecognized	 human	 rights	
to	be	the	foundation	for	fr eedom,	justice	and	peace.
ii. What is a Right?
A	 ‘Right’	 is	 a	 moral	 or	 legal	 entitlement	 to	 have	 or	 do	 something.	 A	 right	 is	 a	 justified	 claim	 on	 
others.	 In	 other	 words,	 Rights	 ar e	 r easonable	 privileges	 or	 claims	 of	 people	 which	 ar e	 accepted	 	 by	
society	and	affir med	by	statute.
Rights include human rights and fundamental rights.
iii. What are Human Rights?
•	 Human	 rights	 ar e	 basic	 rights	 that	 we	 have	 because	 we	 e xist	 as	 human	
beings.	These	ar e	not	granted	by	any	state.
•	 Human	 rights	 belong	 to	 all	 human	 beings	 ir r espective	 of	 their	 nationality ,	
race,	 caste,	 cr eed,	 gender ,	 etc.	 All	 individuals	 enjoy	 same	 human	 rights,	
without	any	discrimination.
•	 Human	 rights	 ar e	 safeguards	 that	 a	 human	 being	 seeks	 in	 order	 to	 live	
with	 dignity	 and	 equality .	 Ther efor e,	 human	 rights	 ar e	universal and 
inalienable 	rights.
•	 The	 prin ciple	 of	universality 	 of	 human	 rights	 means	 that	 we	 ar e	 all	 equally	 entitle d	 to	 our	
human	rights.
•	 Human	 rights	 ar e	inalienable ;	 ther efor e,	 these	 should	 not	 be	 taken	 away ,	 e xcept	 in	 specific	
situations	 and	 according	 to	 due	 process.	 F or	 instance,	 the	 right	 to	 liber ty	 may	 be	 r estricted	 if	 a	
person	is	found	guilty	of	a	crime	by	a	cour t	of	law .
•	 A	 few	 e xamples	 of	 human	 rights	 ar e	 those	 basic	 rights	 that	 ensur e	 fair ness,	 equality ,	 fr eedom	
and	 r espect	 to	 all	 people. 	 These	 rights	 abolish	 vario us	 unjust	 practices	 like	 e xploitation,	
discrimination	and	inequality .
•	 Human	 rights	 include	 most	 fundamental	 rights	 like	 right	 to	 life,	 rights	 to	 food,	 education,	 work,	
health,	and	liber ty	etc.
Human Rights 
Logo 
The	 Cyrus	 Cylinder -	It is a clay tablet containing 
statements of Cyrus, the Great. It is the first 
human rights declaration in history.
iv. International Human Rights
•	 In	 1948, 	 the	 United	 Nations	 General	 Assembly	 adopted	 Universal	 Declaration	 of	 Human	 Rights	
(UDHR)	as	´a	common	standard	of	achievement	for	all	peoples	and	nations.’
•	 The	 Universal	 Declaration	 of	 Human	 Rights	 provid es	 and	 defines	 various	 kinds	 of	 human	 rights	
that	ar e	applicable	to	all	human	beings.	
•	 These	 include	 the	 fundamental,	 civil,	 political,	 economic,	 social	 and	 cultural	 rights,	 for	 e xample	
fr eedom	 of	 speech,	 assembly ,	 conscience	 and	 r eligion;	 right	 to	 education;	 right	 to	 livelihood	 and	
decent	 standard	 of	 living;	 right	 to	 life,	 liber ty	 and	 security	 of	 person;	 right	 to	 equality ;	 fr eedom	
from	all	for ms	of	discriminations	including	based	on	gender	and	race;	and	so	on.	
•	 The	 principle	 of	 universality	 of	 human	 rights	 is	 the	 cor nerstone	 of	 inter national	 human	 rights	
law .
•	 The	 Universal	 Declara tion	 of	 Human	 Rights	 has	 been	 embraced	 by	 almost	 all	 member	 States	 of	
the	 United	 Nations.	 All	 members	 states	 have	 committed	 to	 r espect	 and	 protect	 the	 basic	 human	
rights	values	provided	ther ein.
v. What are Fundamental Rights?
F undamental	 Rights	 ar e	 basic	 rights	 of	 the	 citizens	 of	 a	 countr y .	 F undamental	 Rights	 ar e	 enshrined	
in	 the	 Constitu tion	 and	 they	 ar e	 enfor ceable	 in	 the	 cour t	 of	 law .	 If	 ther e	 is	 any	 kind	 of	 violation	 of	
fundamental	rights,	one	can	approach	the	cour t	for	protection	of	such	rights.
Difference between Fundamental Rights and Human Rights 
The	 main	 differ ence	 between	 fundamental	 rights	 and	 human	 rights	 is	 that	 the	 fundamental	 rights	 ar e	
specific	to	a	par ticular	countr y ,	wher eas	human	rights	have	worldwide	acceptance.	
BASIS FOR  
COMPARISON
FUNDAMENTAL RIGHTS HUMAN RIGHTS
Meaning F undamental	 Rights	 ar e	 the	 basic	 rights	 of	
citizens	 of	 a	 countr y	 which	 ar e	 stated	 in	 the	
constitution	 and	 enfor ced	 by	 law .	 These	
may	slightly	var y	from	countr y	to	countr y .
Human	 Rights	 ar e	 the	 basic	
rights	 that	 all	 human	 beings	
can	 enjoy , r egardless	 of	 their	
nationality ,	 ethnicity	 and	
r eligion	etc.
Scope It	is	countr y	specific. It	is	universal.
F undamental	 Rights	 and	 Human	 Rights	 ar e	 impor tant	 to	 cr eate	 a	 better	 environment	 for	 people	 and	
to	help	them	pr eser ve	their	dignity .
130
vi. Sustainable Development Goals and Human Rights
The	 Sustainable	 Development	 Goals	 (SDGs)	 and	 human	 rights	 ar e	 interlinked.	 Over	 90	 per cent	
of	 the	 goals	 of	 the	 SDGs	 r elate	 to	 human	 rights	 obligations	 When	 a	 State	 makes	 progr ess	 towards	
achieving	 SDGs	 they	 move	 for ward	 to	 fulfil	 their	 human 	 rights	 obligations.	 F ew	 SDGs	 that	 ar e	 linked	
to	human	rights	ar e:
No Poverty         Gender Equality       Zero Hunger                         
 
B. Indian Constitutional framework on Human Rights and 
related Laws in India
In	 India ,	 hum an	 rights	 ar e	 rooted	 in	 its	 Constitution	 just	 like	 the	 US,	 South	 Africa,	 and	 many	 other	
countries.	The	Indian	constitutional	human	rights	framework	involves	the	following	par ts:
1. The Preamble
2. Fundamental Rights: 	P ar t	III	of	the	Constitution	contains	the	F undamental	Rights	
3. Directive Principles: 	P ar t	IV	of	the	Constitution	contains	Dir ective	P rinciples	and
4. Fundamental Duties: 	P ar t	IV(A)	contains	F undamental	Duties
1. The Preamble
The	 Constitution	 of	 India	 begins	 with	 the	 P r eamble	 affir ming	 its	 aims,	 objectives,	 and	 the	 guiding	
principles.	 The	 principles	 laid	 out	 in	 the	 P r eamble	 ar e	 used	 for	 interpr eting	 provisions	 of	 the	
Constitution	that	ar e	vague	and	ambiguous.	
The	 P r eamble 	 is	 the	 ‘basic structure ’	 of	 the	 Constitu tion.	 The	 doctrine	 of	 ‘basic	 structur e’	 takes	
away	 the	 amendment	 power	 of	 the	 P arliament	 with	 r egards	 to	 cer tain	 featur es	 of	 the	 Constitution	
such	 as	 democracy ,	 rule	 of	 law ,	 secularism,	 separation	 of	 powers	 and	 judicial	 r eview .	 Some	 of	 these	
featur es	appear	in	the	P r eamble.	
The	 P r eamble	 proclaims	 the	 rights	 and	 fr eedoms,	 provisi ons	 of	 which	 ar e	 contained	 in	 the	 Constitution	
in	various	par ts	and	clauses	aimed	´to	secur e	to	all	its	citizens’	those	rights	and	fr eedoms.
2. Fundamental Rights - Part III of the Constitution
(i)	 Articles 12-35 in Part III 	 of	 the	 Constitution	 contain	 the	 provisions	 on	fundamental rights .	
	 F undamental	rights	ar e	largely	civil and political rights .
	 The	fundamental	rights	in	India	consists	of	the	following	rights:
 a) Right to equality- Articles 14-18
 b) Right to freedom- Articles 19-22
 c) Right against exploitation- Articles 23-24
 d) Right to freedom of religion- Articles 25-28
 e) Cultural and educational rights- Articles 29-30
 f) Right to constitutional remedies- Articles 32
(ii)	 Some of the salient features of Fundamental Rights are listed below:
	 o	 F undamental	rights	ar e	enfor ceable	by	the	higher	cour ts	in	India.
	 o	 Ar ticle	 32	 provides	 the	 right	 to	 the	 aggrieved	 ones,	 whose	 fundamental	 rights	 have	 been	
violated	 or	 denied,	 to	 petition	 the	 Supr eme	 Cour t	 for	 the	 enfor cement	 of	 fundamental	
rights.
	 o	 Ar ticle	 13	 elevat es	 the	 authority	 of	 fundamental	 rights.	 It	 ensur es	 that	 the	 State	 or	 other	
competent	 authority	 do	 not	 make	 laws	 including	 ordinances,	 orders,	 bye	 laws,	 rules,	
r egulations,	 notifications,	 customs	 or	 usages	 that	 contradicts	 or	 takes	 away	 or	 br eaches	
the	fundamental	rights.
	 o	 F undamental	 rights	 ar e	 mostly	 enfor ceable	 against	 the	 State	 and	 in	 some	 cases	 against	
private	 person s.	 An	 e xample 	 of	 the	 for mer	 is	 the	 right	 to	 fr eedom	 of	 speech	 and	 e xpr ession;	
for	 the	 latter	 is	 the	 prohibition	 of	 employment	 of	 child r en	 below	 the	 age	 of	fourteen 
years 	in	factories,	mines,	and	in	places	of	hazardous	activities.
	 o	 The	 ter m	 ‘State’	 includes	 the	 Gover nment,	 P arliament,	 State	 L egislatur es,	 District	 Boards,	
P anchayats,	 Municipalities,	 and	 other	 authorities	 or	 organizations	 that	 ar e	 an	 instrument	
or	 agency	 of	 the	 state	 like,	 the	 Indian	 Oil	 Limited,	 K ar nataka	 State	 Road	 T ranspor tation	
Authority ,	Delhi	Jal	Board,	and	so	on
What is a State?
Article 12 defines the term State.
Ar ticle	 12	 of	 the	 Indian	 Con stitution	 states	 that:	 “Definition in this part, unless the context otherwise   
requires, the State includes the Government and Parliament of India and the Government and the 
Legislature of each of the States and all local or other authorities within the territory of India or 
under  the control of the Government of India .”
F or	the	purposes	of	P ar t	III	of	the	constitution,	the	state	comprises	of	the	following:
•	 Gover nment	and	P arliament	of	India	i.e	the	Executive	and	L egislatur e	of	the	Union
•	 Gover nment	 and	 L egislatur e	 of	 each	 State	 i.e	 the	 Executive	 and	 L egislatur e	 of	 the	 various	
States	of	India
•	 All	local	or	other	authorities	within	the	ter ritor y	of	India
•	 All	local	and	other	authorities	who	ar e	under	the	control	of	the	Gover nment	of	India
(iii) Let us now understand various fundamental rights in detail :
a) Right to Equality - Articles 14-18
Article Brief description
Ar ticle	14 The	State	shall	not	deny	to	any	person	equality	befor e	the	law	or	the	equal	protec -
tion	of	the	laws	within	the	ter ritor y	of	India,	on	grounds	of	r eligion,	race,	caste,	se x	
or	place	of	bir th.
Ar ticle	15 The	State	shall	not	discriminate	against	any	citizen	on	grounds	only	of	r eligion,	
race,	caste,	se x,	place	of	bir th	or	any	of	them.
Ar ticle	16 Ther e	shall	be	equality	of	oppor tunity	for	all	citizens	in	matters	r elating	to	employ -
ment	or	appointment	to	any	office	under	the	State.
Ar ticle	17 Abolition	of	untouchability
Ar ticle	18 Abolition	of	all	titles	e xcept	militar y	and	academic