COMPARISON OF LEGAL FRAMEWORK FOR PROTECTION OF HUMANRIGHTS

IN INDIA AND USA.

What are Human rights?

Human rights, as the term is most commonly used, are basic entitlements bestowed upon each
and every human being by virtue of birth. The underlying idea of such rights is to ensure that all
men, women and children are treated with respect and dignity. For example, as human beings, it
is our birthright that all of us should be given equal treatment and should not be discriminated on
any account due to differences of religion, caste, class, colour, gender or anything else either by
the State or the community or for that matter the family. This is because each person is special
with their own individual talents and abilities and none are inferior or superior to each other.
Likewise, it is our birthright to have access to opportunities, whereby we can develop to our
fullest potential and achieve all that we aspire to become. These rights include the right to life,
freedom and justice. These rights guarantee our dignity as human beings. It is precisely for these
reasons that human rights are sometimes called ‘natural rights’.

The Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) was framed by the member of the then
Human Rights Commission, with Eleanor Roosevelt as the Chairperson. It was adopted by the
United Nations General Assembly in 1948 by Members of the United Nations, including India. It
is a proclamation of basic principles on which to base a new world order so that the annihilation
that took place in World Wars I and II is not repeated. The statement of these rights, at the
national level is reflected in respective constitutions of different countries. The UDHR covers
two broad sets of rights. One set is known as ‘Civil and Political Rights’. The other set of rights
is known as ‘Economic, Social and Cultural Rights’. In the words of the UDHR, these two sets
of rights aim to give all people ‘freedom from fear and want’. Both sets of rights must be
protected as the ‘foundation of freedom, justice and peace in the world’.

Comparison between India and USA with respect to the legal framework for protection of
Human Rights.
The Constitution of India is the lengthiest constitution of the world. It is among the few
constitutions, which promotes human rights on a large scale. It was drafted around the same time
when the Universal Declaration of Human Rights by the United Nations came into force (1948).
The Indian Constitution provides the spirit of human rights in its Preamble and in the sections on
Fundamental Rights and Directive Principle of the State Policy. The violation of civil, political,
social, economic and cultural rights of the people in India’s struggle against British colonialism
forms the basis of the Indian Constitution. Therefore after independence the framers of the
constitution provided Fundamental Rights to the citizens which are enshrined in part-III of the
Indian constitution. The Fundamental Rights are defined as basic human freedom 37 and to
facilitate for a complete and harmonious development of personality and which apply to all
Indian citizens, irrespective of caste, creed, colour, sex, race or place of birth . They are also
enforceable by the courts.

When the Constitution was written, human rights were included in Part III and Part IV which are
the chapters on Fundamental Rights and Directive Principles of State Policy. Together they are
said to form the ‘conscience of the constitution’. Constitution makers felt that civil and political
freedoms must combine with social and economic justice to create a just social order for all. The
Directive Principles are meant to guide all policies and law making; indicate the directions of
change; and the goals toward which the State must strive. The Directive Principles are not less
important than Fundamental Rights but unlike a 43 fundamental right, which allows a person to
take the State to court if it is violated, individuals cannot take the State to court if a principle laid
down in the Directive Principles is not followed. Nevertheless Directive Principles are not
lifeless ideals but have provided the basis from which new rights such as the right to education
have evolved and the right to food is being developed

On the other hand when we talk about the United States. The United States has a mixed record
on human rights. Despite early leadership on human rights during the 20th century, the United
States, unlike many other nations around the world, has not ratified most of the major human
rights treaties. U.S. foreign policy does not always respect human rights and the government also
fails to protect key human rights domestically, especially economic and social rights.s USA is
still not fully committed to the International human rights system. The government has yet to
ratify important human rights-related treaties and opposes some forms of international
cooperation on human rights such as the International Criminal Court. There are signs, however,
that the United States is increasing its commitment to international human rights. In 2009, the
United States rejoined the UN Human Rights Council that it helped to create and signed the
newly created Convention on the Rights of Persons with Disabilities (CRPD).