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Human Rights And The Constitution Of India



AUTHOR- Nikhil Anand

DESIGNATION- Student, Amity Law School, Noida

EMAIL ID- anandnikhil.1998@gmail.com



ABSTRACT

"Human Rights" means the rights pointing to life, liberty, equality and reputation of the person guaranteed by the Constitution in the International Covenants and enforceable by courts in India" and this is seen all over the country. Human rights are the basic fundamental rights. In this article, the researcher would like to examine the lifestyle and basic information about human rights as guaranteed by the Constitution.


INTRODUCTION

Human rights are the fundamental rights that everyone enjoys when born into humanity and life. It is inherent in all people, regardless of nationality, religion, language, gender, skin colour or other considerations. The protection of human rights is necessary for developing the country's population, which ultimately leads to the entire nation's development. The framers/makers of the Constitution have done their best to implement the necessary provisions. However, with further development, the horizons of human rights have also broadened. Parliamentarians now play an essential role in recognising people's rights and adopting statutes, amending the provisions and when necessary.

The concept of human rights is as old as the old doctrine of "natural rights," which is based on natural rules. The expression of human rights "is of more recent origin and is derived from international charters and conventions of the post-war period. Therefore, it makes a view to start with the concept of natural rights, which ultimately led to the creation of "human rights".


EVOLUTION OF HUMAN RIGHTS

The preamble of the Universal Declaration of Human Rights states:—

"It is essential if a man is not to be compelled to have recourse, as the last point to rebellion against tyranny and opera session and plain view, that human rights should thee protected by the rule and regulation of law."

Even after the introduction of human rights, primitive societies did not have a concept of human rights. The idea of ​​human rights as fundamental natural rights reaches the founder of the theory of natural law. The doctrine of natural law promoted the idea that man is born with certain rights, including freedom. However, after World War II, the human rights acquisition movement continued and grew stronger. The United Nations General Assembly adopted and proclaimed the Universal Declaration of Human Rights shortly after the United Nations' founding in December 1948. After two international agreements, one on economic, social and cultural rights and the other on civil and political rights, it was approved on December 16, 1976, by the central legislative assembly. They were dealing in various aspects of views- Human rights in India and Human rights under India's Constitution.

HUMAN RIGHTS IN INDIA

Our country was one of the first to sign the Covenant on Civil and Political Rights, so the Constitution of India's drafters were influenced by the concept of human rights and the International Covenant of 1966. The preamble to India India's Constitution reflects an outstanding inspiration in those who explicitly mention "the dignity of the person."


HUMAN RIGHTS UNDER THE CONSTITUTION OF INDIA

The Constitution of Independent India came into force on January 26. The implications of the Universal Declaration of Human Rights in the drafting of Part III of the Constitution are clear. India is responsible for the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights, as well as Civil and Political Rights, adopted by the Central Assembly of the United Nations. The fundamental rights enshrined in Part III of the Constitution are derived from the principle of natural rights. Fundamental rights are the modern name traditionally known as natural rights. Natural rights have become fundamental rights that represent constitutional limits or restrictions. The powers of the bodies established by the constitution or the state Control, justification or judicial enforcement become indivisible and determine fundamental rights.


CONCEPT- DEVELOPMENT OF HUMAN RIGHTS

Human rights were born in India a long time ago. It can be easily identified through the principles of Buddhism, Jainism. Hindu religious books and religious texts such as Gita, Vedas, Arthashatra and Dharmashastra also contain human rights provisions. At first, human rights as a legal or moral concept were manifested as natural rights. Natural rights arise from man's nature because they are inherent like men and part of their inner nature. The rights enshrined in the Universal Declaration of Human Rights- incorporated almost exclusively into the Indian Constitution as fundamental rights or guiding state policy principles.


CONCLUSION

Human rights are the fundamental rights that are an integral part of human development. The constitution serves as the protector of fundamental rights and these fundamental rights like the DPSP. Fundamental rights have been overestimated and are directly applicable in court.





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