10th December International Human Rights Day

Rights Under International Humanitarian Rights

BY – Chandni Bhojwani

What are Human Rights?

Human rights mean the rights that already exist in human beings and it is not approved by any state or country. Human rights are widespread and they are inborn to all of us, irrespective of nationality, sex, national or indigenous origin, colour, religion, language, or any other category. However, to create a life worth living one should have right to education, food, health, work, freedom.

International Human Rights promises to protect civil, political, economic, social and cultural rights of every living being.

Rights under Constitution of India

India has been motioned as a Worldwide Declaration on Human Rights January 01, 1942. Part III of the constitution of India also mentioned as magna carta which includes the fundamental rights.

These are the rights that are rightly imposed against the state in case of any interruption. Article 13(2) forbids state from making any law in breach of the Fundamental Rights.

Following are the Endowments of Universal Declaration of Human Rights along with linking with the Constitution of India.

  • Equality and Equal Protection before law.

(UDHR – Article 7, COI – Article 14)

  • Solutions for Intrusion of Fundamental rights.

(UDHR – Article 8, COI – Article 32)

  • Right to Life and Freedom.

(UDHR – Article 9, COI – Article 21)

  • Protection in respect for Conviction of Infringement.

(UDHR – Article 11(2), COI – Article 20(1))

  • Right to Property

(UDHR – Article 17, Before as a Fundamental Right– Article 31)

  • Right to Liberty of Speech

(UDHR – Article 19, COI – Article 19(1)(a))

  • Right to Education

(UDHR – Article 26(1), COI – Article 21A)

Unviable Fundamental Rights

A number of rights that were available in the covenant were not available as fundamental rights at the time of enactment of Constitution. The judicial interpretations have widened the scope of fundamental rights available in the Indian Constitution. 

The rights which were available in the convention are not considered as fundamental rights during the portrayal of constitution. The jurisdiction analysis has amplified the scope of fundamental rights that are included in the Indian Constitution following are the analysis along with the case law:

  • Right to live with human dignity

(Case Law – PUCL & Anr. v. State of Maharstra & Ors.)

  • Right to Free Legal Aid

(Khatri And Others v. State of Bihar & Ors.)

  • Right to Food

(Kishen Patnayak v. State of Odisha)

  • Right to Medical Care

(Pt. Parmanand Katara v. Union of India &Ors.)

Organizations Assisting the Human Rights

Multiple organizations across the globe contribute their work to safeguard the human rights and to eradicate human rights violence. Following are the trustworthy NGO’s that are playing vital in International & National Level.

  • Australia Asia Worker Links.
  • Legal Resource Centre
  • Human Rights Foundation
  • Ramakrishna Home Service
  • Child Rights and You

Conclusion

Peace, development and human rights are crucially inter-related and inseparable. Whereas Human Rights are the basic rights which form the imperative part of Individual expansion as human beings. As an Individual we are entitled to our human rights, however we should also acknowledge and stand up for the human rights of others.

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