INDIA AND U.N. DECLARATION OF HUMAN RIGHTS
India was a signatory to the universal declaration of human rights. The constituent assembly incorporated in the Constitution of India the substance of the rights declared by the U.N. General Assembly in the universal declaration of human rights. Thus, basic human rights recognised internationally have been synthesized and integrated within the framework of the Constitution of India.
Civil and political rights in Universal declaration of human rights and in the Indian Constitution.
| No. | NAME OF RIGHTS | UNIVERSAL DECLARATION | INDIAN CONSTITUTION |
|---|---|---|---|
| 1 | Equality before law | Article 7 | Article 14 |
| 2 | Prohibition of discrimination | Article 7 | Article 15(1) |
| 3 | Equality of opportunity | Article 21(2) | Article 16(1) |
| 4 | Freedom of speech and expression | Article 19 | Article 19(1)(a) |
| 5 | Freedom of peaceful assembly | Article 20(1) | Article 19(1)(b) |
| 6 | Right to form associations or unions | Article 23(4) | Article 19(1)(c) |
| 7 | Freedom of movement within the border | Article 13 (1) | Article 19(1)(d) |
| 8 | Protection in respect of conviction for offences | Article 11(2) | Article 20 (1) |
| 9 | Protection of life and personal liberty | Article 3 | Article 21 |
| 10 | Protection of slavery and forced labour | Article 4 | Article 23 |
| 11 | Freedom of conscience and religion | Article 18 | Article 25(1) |
| 12 | Remedy for enforcement of rights | Article 8 | Article 32 |
| 13 | Right against arbitrary arrest and detention | Article 9 | Article 22 |
| 14 | Right to social security | Article 22 | Article 29(1) |
Economic, social and cultural rights in U.N. declaration and Indian Constitution.
| No. | Universal Declaration of Rights | Article in the Universal Declaration | Article in the Indian Constitution |
|---|---|---|---|
| 1 | Right to work, to just and favourable conditions of work | Article 23(1) | Article 41 |
| 2 | Right to equal pay for equal work | Article 23(2) | Article 39(d) |
| 3 | Right to education | Article 26(1) | Articles 21(A), 41, 45 & 51A(k) |
| 4 | Right to just and favourable remuneration | Article 23(3) | Article 43 |
| 5 | Right to rest and leisure | Article 24 | Article 43 |
| 6 | Right of everyone to a standard of living adequate for him and his family | Article 25(1) | Article 39(a) & Article 47 |
| 7 | Right to a proper social order | Article 28 | Article 38 |
Certain rights contained in the international covenants on civil and political rights are made available to the citizens of India through various judicial pronouncements, though they are not specifically mentioned in the constitution.
Indian Courts and Human Rights:
- Right to travel abroad – the right to travel abroad is guaranteed under Article 12 paragraph 2 of the covenant of civil and political rights. In Sathwanth Singh Sahaney Vs. D. Ramanathan, Assistant Passport Officer, New Delhi, the court held that right to go abroad is part of an individuals personal liberty within the meaning of Article 21.
- Right to privacy – In Kharak Singh Vs. State of Uttar Pradesh, the Supreme Court held that the ‘domiciliary visits’ is an infringement of the right to privacy and is violative of the citizens fundamental rights of personal liberty guaranteed under Article 21.
- Right against solitary confinement
- Right to human dignity
- Right to free legal aid in a criminal trial
- Right to speedy trial
- Right against handcuffing
- Right against delayed execution
- Right against custodial violence
- Right against public hanging
- Right to health care
- Right to shelter
- Right to pollution free environment
- Freedom of press
- Right to know
- Right to compensation
- Right of inmates of protection homes
- Right to release and rehabilitation of bonded labour
- Right to education