Human Rights & Law
Introduction
Human rights are inherent and inalienable rights possessed by every individual by virtue of
being human. They embody principles of dignity, liberty, and equality. The role of law is to
provide recognition and enforceability to these rights. Without legal backing, human rights
would remain aspirational ideals. In India and across the world, the law has played a crucial
role in shaping, expanding, and safeguarding human rights.
Historical Evolution of Human Rights
The origin of human rights can be traced to ancient civilizations. In India, texts like the
Rigveda and Manusmriti reflected early notions of justice and duties. Globally, milestones
include the Magna Carta (1215), which limited arbitrary power of the king; the English Bill
of Rights (1689); the French Declaration of the Rights of Man and Citizen (1789); and the
United States Bill of Rights (1791).
In the 20th century, following the atrocities of the World Wars, the Universal Declaration of
Human Rights (UDHR, 1948) recognized human rights as universal and indivisible. This
declaration paved the way for binding treaties like the International Covenant on Civil and
Political Rights (ICCPR, 1966) and the International Covenant on Economic, Social and
Cultural Rights (ICESCR, 1966).
International Human Rights Law
The development of international human rights law represents a collective global effort to
protect individual dignity. The United Nations Charter (1945) made the promotion of
human rights a fundamental purpose of the UN. The UDHR (1948) established civil, political,
economic, social, and cultural rights. The ICCPR and ICESCR (1966) created binding
obligations on States.
For example, ICCPR, art. 6 guarantees the right to life, while ICESCR, art. 7 protects the right
to just and favorable work conditions. International bodies like the Human Rights Council,
Committee on Human Rights, and regional courts such as the European Court of Human
Rights (ECHR) ensure monitoring and adjudication. [1]
Human Rights and the Indian Legal Framework
India is a signatory to major international human rights instruments and has domesticated
them through its Constitution and laws.
1. Constitutional Provisions: Fundamental Rights (Part III) guarantee equality, liberty, and
protection of life and personal liberty. Directive Principles of State Policy (Part IV), though
non-justiciable, promote socio-economic rights. [2]
2. Statutory Mechanisms: The Protection of Human Rights Act, 1993 established the
National Human Rights Commission (NHRC). Other legislations like the SC/ST (Prevention
of Atrocities) Act, 1989 and the Right to Information Act, 2005 further strengthen human
rights. [3]
Judicial Interpretation and Human Rights in India
Indian judiciary has expanded human rights through creative interpretation. In
Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461), the Supreme Court established
the basic structure doctrine. In Maneka Gandhi v. Union of India (AIR 1978 SC 597), Article
21 was expanded to include procedural fairness. In Olga Tellis v. Bombay Municipal
Corporation (AIR 1986 SC 180), the right to livelihood was recognized. In Vishaka v. State of
Rajasthan (AIR 1997 SC 3011), the Court laid down guidelines against sexual harassment
using international conventions. Recently, in Navtej Singh Johar v. Union of India (AIR 2018
SC 4321), consensual same-sex relations were decriminalized. [4]
Challenges in Enforcement
Despite a robust framework, India faces serious challenges in realizing human rights: socio-
economic inequalities, custodial violence, lack of awareness, institutional limitations, and
emerging issues like digital privacy and environmental rights.
Conclusion and Suggestions
Human rights and law are deeply interconnected. While human rights provide moral
legitimacy to law, legal frameworks give enforceability to rights. India has a strong
constitutional base and judiciary that actively upholds human rights, but challenges remain
in effective enforcement. Strengthening institutions, promoting awareness, and
incorporating international norms into domestic laws are essential steps to make human
rights a lived reality.
References
1. International Covenant on Civil and Political Rights, 1966, art. 6; International Covenant
on Economic, Social and Cultural Rights, 1966, art. 7.
2. The Constitution of India, arts. 14, 21, 32.
3. The Protection of Human Rights Act, 1993 (Act 10 of 1994).
4. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461; Maneka Gandhi v. Union of
India, AIR 1978 SC 597; Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC 180;
Vishaka v. State of Rajasthan, AIR 1997 SC 3011; Navtej Singh Johar v. Union of India, AIR
2018 SC 4321.
