Meaning of Human Rights

Human beings are born equal in dignity and rights. These are moral claims which are inalienable and
inherent in all individuals by virtue of their humanity alone, irrespective of their caste, colour, creed, and
place of birth, sex, cultural difference or any other consideration. These claims are articulated and
formulated in what is today known as “Human Rights”. Human Rights are sometimes known as
Fundamental Rights, Basic Rights, Inherent Rights, Natural Rights and Birth Rights.

Human Rights are commonly understood as “inalienable fundamental rights to which a person is
inherently entitled simply because he/she is a human being.” Human Rights are thus conceived as
universal (applicable everywhere) and egalitarian (the same for every one). These rights may exist as
natural rights or as legal rights in both national and international law. The doctrine of human rights in
international practice, within international law, global and regional institutions, in the policies of states
and in the activities of non-governmental organizations, has been a cornerstone of public policy around
the world. The idea of human rights states “if the public discourse of peacetime global society can be
said to have a common moral language, it is that of human rights.” Despite this, the strong claims made
by the doctrine of human rights continue to provoke considerable skepticism and debates about the
content, nature and justifications of human rights to this day. Indeed, the question of what is meant by a
“right” is itself controversial and the subject of continued philosophical debate.

Human Rights are rights inherent to all human beings, whatever our nationality, place of residence, sex,
national or ethnic origin, colour, religion, or language or any other status. We are all equally entitled to
our human rights without discrimination. These rights are all interrelated, interdependent and
indivisible.

Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary
international law, general principles and other sources of international law. International human rights
law lays down obligations of Governments to act in certain ways or to refrain from certain acts, in order
to promote and protect human rights and fundamental freedoms of individuals or groups.
History of Human Rights
The belief that everyone by virtue of his or her humanity is entitled to certain human rights is fairly new.
The United Nations pinpoint the origin of Human Rights in the year 539 BC, when the troops of Cyrus the
Great Conquered the Babylon, Cyrus freed the slaves, declared that all people had the right to choose
their own religion, and established racial equality. These and other precepts were recorded on a baked-
clay cylinder known as the “Cyrus Cylinder”, whose provisions served as inspirations for the first four
Articles of the Universal Declaration of Human Rights.

World War II had ranged from 1939 to 1945, and as the end drew near, cities throughout Europe and
Asia lay in smoldering the ruins. Millions of people were dead; millions more were homeless or starving.
Russians forces were closing in on the remnants of German resistance in Germany’s bombed-out capital
of Berlin. In the Pacific, US Marines were still battling entrenched Japanese forces on such islands as
Okinawa.

In April 1945, delegates from fifty countries met in San Francisco full of optimism and hope. The goal of
the United Nations Conference on International Organization was to fashion an international body to
promote peace and prevent future wars. The ideals of the organization were stated in the preamble to
its proposed charter: “We the peoples of the United Nations are determined to save succeeding
generations from the scourge of war, which twice in our lifetime has brought untold sorrow to
mankind.”

The Charter of the new United Nations organization went into effect on October 24, 1945, a date that is
celebrated each year as United Nations Day.

Human Rights Day is observed by the International Community every year on 10 December. It
commemorates the day in 1948 the United Nations General Assembly adopted the Universal Declaration
of Human Rights.

The formal inception of Human Rights Day dates from 1950, after the Assembly passes resolution 423(V)
inviting all States and interested organizations to adopt 10 December of each year as Human Rights Day.
Human Rights in India
India got its independence in the year 1947, just the year before the UDHR was adopted. The founding
fathers of Indian Constitution were all aware that India’s freedom struggle had taken place in the
context of the demand for basic human rights. Yet economic backwardness of the country would make it
impossible to immediate satisfy all the aspirations of people. So, they adopted an economic approach.
They described certain rights as “fundamental rights” and laid certain other rights as “fundamental
duties” of a citizen were also enumerated.

The Supreme Court of India is the supreme guarantor of the rights according to the Constitution. The
court takes into account fundamental duties while interpreting the constitutional rights.

Human Rights in India is an issue complicated by the country’s large size, its tremendous diversity, its
status as a developing country and a sovereign, secular and republic. The Constitution of India provides
for Fundamental Rights which include freedom of religion. Clauses also provide for Freedom of Speech,
as well as separation of executive and judiciary and freedom of movement within the country and
abroad.

Human Rights watch stated India had “significant human rights problems”. They identified lack of
accountability for security forces and impunity for abusive policing including “police brutality,
extrajudicial killing and torture” as a major problems. An independent United Nations expert in 2011
expressed concerned that she found human rights workers and their families who “have been killed,
tortured, ill-treated, disappeared, threatened and falsely charged because of their legitimate work in
upholding human rights and fundamental freedoms.

All human rights are indivisible, whether they are civil and political rights such as the right to life,
equality before the law and freedom of expression; economic, social and cultural rights, such as the
rights to work, social security and education, or collective rights, such as the rights to development and
self-determination, are indivisible, interrelated and interdependent. The improvement of one right
facilitates advancement of others. Likewise, the deprivation of one right adversely affects the others.
Fundamental Rights
Fundamental Rights are group of rights that have been recognized by a high degree of protection from
encroachment. These rights are those which are intellectual, moral and spiritual developments of
citizens of India. As these rights are fundamental or essential for existence and all-round development of
individuals, they are called ‘Fundamental Rights’. These are enshrined in Part III (Articles 12 to 35) of the
Constitution of India.

These include individual’s rights common to both, such as equality before the law, freedom of
expression, religious and cultural freedom. Freedom of assembly (peaceful assembly), freedom of
religion (freedom to practice religion), rights to constitutional remedies for the protection of civil rights
by means of writs such as Habeas Corpus, Mandamus, Writ of Prohibition, Certiorari and Quo Warranto.

Fundamental Rights apply universally to all citizens, irrespective of their race, birthplace, religion, caste,
sexual orientation. The Indian Penal Code, Code of Criminal Procedure and other laws prescribe
punishments for the violation of these rights, subject to the discretion of the judiciary. Though the rights
conferred by the constitution other than fundamental rights are also valid rights protected by the
judiciary, in case of fundamental rights violation, the Supreme Court of India can be approached directly
for ultimate justice as per Article 32. The Rights have their origins in many sources, including England’s
Bill of Rights, the United States Bill of Rights and France’s Declaration of the Rights of Man. These are six
Fundamental Rights recognized by the Indian Constitution:

1. Right to Equality (Articles 14-18)

2. Right to Freedom (Articles 19-22)

3. Right against Exploitation (Articles 23-24)

4. Right to Freedom of Religion (Articles 25-28)

5. Cultural and Educational Rights (Articles 29-30), and

6. Rights to Constitutional Remedies (Articles 32-35)

Right to Equality
The Constitution of India codifies the fundamental rights the basic human rights of its citizens which are
defined in Part III of the Constitution. One such right is the right to equality which is protected in the
Articles 14 to 18. Article 14 is the most significant of lot. This deals with the general principles of
equality. All the situations not covered under 15 to 18 are covered are covered under this:

Article 14 of the Constitution states that:

“The State shall not deny to any person equality before the law or the equal protections of the laws
within the territory of India.”

This means that every person, who lives within the territory of India, has the equal right before the law.
That equals will be treated equally.

This Article constitutes of 2 parts:

1. Equality before the Law and

2. Equal protection of the Laws.

Although sound similar, they don’t mean the same. The word “Law” in the former expression is used in a
genuine sense – a philosophical sense, whereas the word “Laws” in the latter expression denotes
specific law in force.

Equality before the law talks about equal subjection of all citizens (rich or poor, high or low, official or
non-official) to the ordinary law of the land administered by the ordinary law courts and is a negative
concept as implies in absence of any privilege in favor of any individual and equal subjection of all
classes to the ordinary law. Whereas, equal protection of the laws is a Positive Concept as it implies
equality of treatment in equal circumstances both in privileges conferred and liability imposed. So, all
the persons must be treated alike on reasonable classification. Among equals law should be equal and
equally administered. The guarantee of equal protection applies against substantive as well as
procedural laws.
Right to Freedom
Right to Freedom is one of the most fundamental rights assured by the Indian Constitution. It is because
of the prevalence of these freedoms that make democracy purposeful. Right to freedom generates
liberty of expression and speech, association, or assembly or cooperatives, movement, right to practice
any occupation or profession, right to liberty and life, protection and offenses against detention and
arrest in many cases. As per Indian Constitution’s 44 th Amendment, the right to hold and dispose of the
property has been removed from the list of fundamental freedoms in the year 1978.

The Right to Freedom gives citizens basic freedom with respect to speech and expression, form
associations, freedom of personal liberty, freedom to live a life of dignity etc. It is important to
understand the scope of the provisions and any exceptions thereof.

The Right to Freedom is important because it is a basic human right. The Indian national struggle against
colonialism was a fight to be free of foreign imperial rule, and also for the freedom to live with dignity,
to determine how to live in accordance with law, profess any occupation or trade, speak and express
freely, move and reside in any part of the country, and ultimately to be able to live meaningful lives with
security.

Article 19-22 talks about right to freedom is considered as the heart of constitution as it gives the basic
and most vital rights to the citizens of India.

Article 19(1) provides that all citizens shall have the right:

a) To freedom of speech and expression;

b) To assemble peaceably and without arms;

c) To forms associations or unions;

d) To move freely throughout the territory of India;

e) To reside and settle in any part of the territory of India;

f) Omitted by 44th Amendment Act (it was right to acquire, hold and dispose of property)

g) To practice any profession, or to carry on any occupation, trade or business.

Rights against Exploitation
The rights against exploitation, gives in the Article 23 and 24, provides for two provisions, namely the
abolition of trafficking in human beings and Beggar (forced labour) and the abolished of employment of
children below the age of 14 years in dangerous jobs like factories, mines etc. Child labour is considered
a gross violation of the spirit and provisions of the Constitutions. Beggars practiced in the past of
landlords, have been declared a crime and are punishable by law. Human trafficking for the purpose of
the slave trade or prostitution is also prohibited by law. An exception is made in employment without
payment for compulsory services for public purposes. Compulsory military conscription is covered by
this provision.

The Rights against Exploitation enshrined in the Indian Constitution guarantees dignity of the individual.
It also prohibits the exploitation or misuse of service by force or inducement in the following ways:

a) It prohibits human trafficking that is it criminalizes buying and selling of human beings as commodity.
It also prohibits use of girls or women for immoral purpose.

b) It prohibits slavery, beggar, bonded labour or other forms of forced labour. Beggar is a form used for
practice wherein the worker has to render free service to his master or at a nominal rate. The state has
been given the authority to introduce compulsory services for such persons in order to stop the practice.
The government cannot discriminate on the basis of religion, race, colour etc.

c) It prohibits the employment of children below the age of 14 years in factories, mines, and other
hazardous activities.

Exploitation means the misuse of services rendered by others with the help of force. The practice of
exploitation violates the basic concept of the Indian Constitution, the Preamble and opposes the
Directive Principle of State Policy given under Article 39 of the Indian Constitution which stimulates
economic equality among the individuals.

Article 23 of the Indian Constitution expressly prohibits human trafficking, forced labour and other
similar activities. It also states that any violation of this provision will be considered as an offence and
the person acting in contravention of the law will be penalized in accordance with the law.
Right to Freedom of Religion
Freedom of religion or religious liberty is a principle that supports the freedom of an individual or
community, in public or private, to manifest religion or belief in teaching, practice, worship, and
observance. It also includes the freedom to change one's religion or beliefs, "the right not to profess any
religion or belief" or "not to practice a religion".
Freedom of religion is considered by many people and most of the nations to be a fundamental human
right. In a country with a state religion, freedom of religion is generally considered to mean that the
government permits religious practices of other sects besides the state religion, and does
not persecute believers in other faiths. Freedom of belief is different. It allows the right to believe what
a person, group or religion wishes, but it does not necessarily allow the right to practice the religion or
belief openly and outwardly in a public manner, a central fact of religious freedom.
Article 25 of the Constitution guarantees freedom of religion to all persons in India. It provides that all
persons in India, subject to public order, morality, health and other provisions:
a) Are equally entitled to freedom of conscience, and
b) Have the right to freely profess, practice and propagate religion.
It further provides that this article shall not affect any existing law and shall not prevent the state from
making any law relating to:
a) Regulation or restriction of any economic, financial, political, or any secular activity associated with
religious practice.
b) Providing social welfare and reform
c) Opening of Hindu religious institutions of public character for all the classes and sections of the
Hindus
Freedom of religion has been defined as “the right to entertain such as religious beliefs as a person
chooses the right to declare religious beliefs openly and without fear of hindrance or reprisal, and the
right to manifest religious belief by worship or practice or by teaching and dissemination.
Cultural and Educational Rights
The Constitution guarantees every single citizen of India both rights to education and cultures. The
Constitution also provides special measures, to protect the rights of the minorities. Any community that
has a language and a script of its own has the right to conserve and develop it. No citizen can be
discriminated against for admission in the state or state-aided institutions.
All minorities, religious or linguistic, can set up their own educational institutions to preserve and
develop their own culture. In granting aid to institutions, the state cannot discriminate against any
institution on the basis of the fact that it is administered by a minority institution. The right to
administer does not mean that the state cannot interfere in case of maladministration.
In a precedent-setting judgment in 1980, the Supreme Court held that the state can take regulatory
measures to promote the efficiency and excellence of educational standards. It can also issue guidelines
for ensuring the security of the services of the teachers or other employees of the institution. In another
judgment delivered on 31 October 2002, the Supreme Court ruled that in case of aided minority
institutions offering professional courses, admission could be only through a common entrance test
conducted by State or a university. Even an unaided minority institution ought not to ignore the merit of
the students for admission.
Fundamental Rights guarantee basic rights to the citizens of India. There are six fundamental rights
enshrined in the Constitution of India, and Articles 29 and 30 deals with the cultural and educational
rights of Indian citizens. 

1. This fundamental right intends to preserve the culture of all minority groups in India.

2. Indian society is a composite heterogeneous one and its diversity is one of its strengths.

3. The Constitution guarantees these rights to minorities so that the diversity of this country is preserved
and provides avenues for all groups including marginalized ones to protect, preserve, and propagate
their culture.

Cultural and educational rights are guaranteed by the Constitution to religious and linguistic minority
groups in India, to enable them to preserve their distinct cultures, languages, and script. Both Article 29
and 30 guarantee certain rights to the minorities. Article 29 protects the interests of the minorities by
making a provision that any citizen/section of citizens having a distinct language, script or culture have
the right to conserve the same. Article 29 mandates that no discrimination would be done on the
ground of religion, race, caste, language or any of them. Article 30 mandates that all minorities, whether
based on religion or language, shall have the right to establish and administer educational institutions of
their choice.
Rights to Constitutional Remedies
Part III of the Constitution provides for legal remedies for the protection of these rights against their
violation by the State or other institutions/individuals. It entitles the citizens of India to move the
Supreme Court or High Courts for the enforcement of these rights. The State is forbidden from making
any law that may conflict with the Fundamental Rights.
Fundamental rights are the rights that grant individuals equality in every aspect irrespective of race,
colour, caste, religion, birthplace, or gender. These rights are mentioned under Articles 12 to 35 of the
Indian Constitution. There are pre-defined punishments in case of violation of these rights upon the
discretion of the judiciary.
The Rights to Constitutional Remedies becomes an indispensable part of our Fundamental Rights as it
assures the actual dispensation of justice, on the curtailment of our basic rights. It gives an insight into
the five types of writs, which may be granted by the Courts under Articles 32 and 226 of the Constitution
of India. This jurisdiction may be exercised by the Supreme Court under Article 32 of the Constitution
and by the High Court under Articles 226 and 227 of the Constitution.
Right of access to the Supreme Court under Article 32 is a Fundamental Right itself. Article 32 provides a
guaranteed, quick and summary remedy for enforcing the Fundamental Rights because a person can go
straight to the Supreme Court without having to undergo the dilatory process of proceeding from the
lower to the higher Court as he has to do in other ordinary litigation.
In the Article 32, the Drafting Chairman of the Indian Constitution describe this Article as the very soul
and heart of the Constitution, because it provided effective remedies against violation of Fundamental
Rights and without which the Constitution would be a nullity.
Article 32 isn’t to be conjured for encroachment of an individual right of the agreement (contract), nor is
to be summoned for unsettling questions which are fit for transfer under other laws. Article 226(1) of
the Constitution of India, on the other hand says,” Notwithstanding anything in Article 32, every High
Court shall have powers, throughout the territories in relation to which it exercise jurisdiction, to issue
to any person or authority, including in appropriate cases, any Government, within those territories
directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibitions, quo
warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III
and for any other purpose.”
Child Rights Cell
A right is as an agreement or contract established between the persons who hold a right (often referred
to as the "rights-holders") and the persons or institutions which then have obligations and
responsibilities in relation to the realization of that right (often referred to as the "duty-bearers".)  Child
rights are specialized human rights that apply to all human beings below the age of 18.

Universally child rights are defined by the United Nations and United Nations Convention on the Rights
of the Child (UNCRC). According to the UNCRC Child Rights are minimum entitlements and freedoms
that should be afforded to all persons below the age of 18 regardless of race, colour, gender, language,
religion, opinions, origins, wealth, birth status or ability and therefore apply to all people everywhere.
The UN finds these rights interdependent and indivisible, meaning that a right can’t be fulfilled at the
expense of another right.

The purpose of the UNCRC is to outline the basic human rights that should be afforded to children.
There are four broad classifications of these rights. These categories cover all civil, political, social,
economic and cultural rights of every child.

UNICEF considers child protection as the prevention of or responding to the incidence of abuse,

exploitation, violence and neglect of children. This includes commercial sexual exploitation, trafficking,
child labour and harmful traditional practices, such as female genital mutilation/cutting and child
marriage. Protection also allows children to have access to their other rights of survival, development,
growth and participation. UNICEF maintains that when child protection fails or is absent children have a
higher risk of death, poor physical and mental health, HIV/AIDS infection, educational problems,
displacement, homelessness, vagrancy and poor parenting skills later in life. According to the Integrated
Child Protection Scheme (ICPS) Child Protection is about keeping children safe from a risk or perceived
risk to their lives or childhood. It is about recognizing that children are vulnerable and hence reducing
their vulnerability by protecting them from harm and harmful situations. Child protection is about
ensuring that children have a security net to depend on, and if they happen to fall through the holes in
the system, the system has the responsibility to provide the child with the necessary care and
rehabilitation to bring them back into the safety net.
Rights to Information (RTI) Cell
Sub-section (1) of Section 5 of the Right to Information Act, 2005 mandates all public authorities to
designate as many Public Information Officers as necessary to provide information under the Act. Where
a public authority designates more than one Public Information Officer (PIO), an applicant is likely to
face difficulty in approaching the appropriate Public Information Officer. The applicants would also face
problem in identifying the officer senior in rank to the Public Information Officer to whom an appeal
under sub-section (1) of Section 19 of the Act can be made. Therefore all public authorities with more
than one PIO should create a RTI Cell within the organization to receive all the RTI applications and first
appeals and to route them to the concerned PIOs/FAAs. Detailed instructions regarding setting up of RTI
Cell, its functions and financial assistance in setting up RTI Cell have been issued by the Department.

The basic roles of Right to Information (RTI) Cell are mentioned below:

a) Coordinates all the work relating to the implementation of RTI Act, 2005

b) Serve as the nodal point for receiving applications and appeals physically as well as online and
forward it to the concerned CPIOs/Appellate Authority within the Department or to other public
authority if the matter does not concern this department.

c) Coordinate matters relating to Central Information Commission in terms of hearing, orders and other
matter related to Department of Expenditure

d) Appointment of new CPIOs/Appellate Authorities, compiling the list of CPIOs/Appellate Authorities at

regular intervals and circulating the same before the department.

e) Serve as a nodal point of applications received by the office of Minister and forward it to the
concerned Department of Ministry of Finance.

f) Coordinate all the work of Personnel Division of Department relating to the preparation of quarterly
returns to be submitted to CIC as per RTI Act, 2005

g) Any other work related to the RTI Act, 2005

Civil Defence Cell
Civil Defence is the mobilization of Civilian efforts to avoid and minimize the suffering of human beings
caused either by man or nature. Civil Defence Cell is a unit of Citizen Rights Protection Council, This
Organization is a sincere effort to reach out to people and let them know about the Civil Defence, its
Structure and Functions. Major aim is to motivate people to join civil defence and serve the country. The
Civil Defence Cell is a part of Citizen Rights Protection Council, CRPC is a large organization of volunteers
from all walks of life dedicated to serve society during calamities in order to save lives and property and
mitigate hardships. It is an example of National integration where people from various communities in
the country irrespective of their creed or cast, join hands for a common cause and that is to serve their
fellow citizens in the times of distress arising out of calamities’. Both men and women work shoulder to
shoulder.

The major tasks of Civil Defence are enlisted before:

a) To make sure that the public is warned of danger and provided with instructions on how to avoid
hazards.

b) Advice people to protect themselves by either evacuating the area or remain and take shelter.

c) Organizing immediate relief to the survivors.

d) Support emergency services

 Rescue operations
 Firefighting
 Law enforcement
 Medical care
 Public work repair
 Provision of voluntary Food, Shelter and Clothing

e) Assist in recovery operations

 Clearance of Debris
 Restoring utility services
 Managing relocations centers