Introduction
Since the days of the Indus Valley Civilization, Indian culture has been the product of synthesis of diverse cultures and religions came into contact with the enormous Indian sub-continent over a very long stretch of time. The rights of man have been concern of all civilizations from immemorial. The concept of the rights of man and other fundamental rights was not unknown to the people of earlier periods. The Babylonian laws and the Assyrian laws in the Middle East, the Dharma of the Vedic period in India and the Jurisprudence of Lao-Tze and Confucius in China, have championed Human rights throughout the history of human civilization. the Indian concept perceives the individual, the society and the universe as an organic whole. Everyone is a child of God, and all fellow beings are related to one another and belong to universal family. In this context, Mahatma Gandhi remarks, “I do not want to think in terms of the whole world. My patriotism includes the good of mankind in general. Therefore, my service to India includes the services of humanity.”
Directive Principle of State Policy
(Judicially non-enforceable rights)
Judicially non-enforceable rights in Part IV of the constitution are chiefly those of economic and social character. However, Article 37 makes it clear that their judicial non- enforceability does not weaken the duty of the State to apply them in making laws, since they are nevertheless fundamental in the governance of the country. Additionally, the innovative jurisprudence of the Supreme Court has now read into Article 21 (the right to life and personal liberty) many of these principles and made them enforceable.
The duties of state encompass securing a social order with justice, social, economic and political, striving to minimize and eliminate all inequalities (Article 38), securing for ‘the citizens, men and women equality’ the right to an adequate means of livelihood (Article 39 (a)), distribution of ownership and control of community resources to subserve the common good (Article 39(b)), prevention of concentration of wealth and means of production to the common detriment (Article 39(c)), securing equal pay for equal work for both men and women (Article 39(d)), preventing abuse of labour, including child labour (Article 39(e)), ensuring of child development (Article 39(f)), ensuring of equal justice and free legal aid (Article 39A), organization of village democracies (Article 40), provision of the right to work, education and public assistance in case of unemployment, old age sickness and disability (Article 41), provision of humane conditions of work (Article 42), living wage and a decent standard of life (Article 43), securing participation of workers in the management of industries (Article 43A), provision of a uniform civil code for the whole country (Article 44), provision for early child care and education to children below the age of six years. The state shall endeavor to provide early childhood care and education for all children until they complete age of six years (Article 45), promotion of educational and economic interest of the weaker sections of the people and their protection from injustice and all forms of exploitation (Article 46), raising the standard of living, improving the level of nutrition and public health and prohibition of intoxication drinks and of drugs (Article 47), scientific reorganization of animal husbandry and agriculture (Article 48), conservation of environment, forests and wildlife (Article 48A), protection of monuments and things of artistic or historical importance (Article 49), separation of judiciary from the executive (Article 50) and promotion of international peace and security (Article 51).
Human Rights
Human rights are rights that we have simply because we exist as human beings. These are Universal rights inherent to all of us, regardless of nationality, sex, national or ethnic origin, color, religion, language or any other status. They range from the most fundamental, the right to life to those that make life worth living, such as the rights to food, education, work, health, and liberty. World Human Rights Day is observed by the international community every year on 10th December.
It commemorates the day in 1948 the United Nation (UN) General Assembly adopted the Universal Declaration of Human Rights (UDHR). UDHR is a part of the International Bill of Human Rights.
Headquartered in Geneva, with many regional offices, the office of the High Commissioner for Human Rights has lead responsibility in the UN system for the promotion and protection of Human Rights.
Provision related to Human Rights in India
Definition:
According to the National Human Right Commission of India, Human Rights as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.
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National Human Rights Commission:
The National Human Rights Commission (NHRC) of India was established in 1993. The statute under which it is established is the Protection of Human Rights Acts (PHRA), 1993. The Act provides for the establishment of State Human Rights Commissions.
2. Human Rights as Incorporated in Indian Laws:
Indian Constitution incorporated several provisions of Human Rights in Indian Constitution.
3. Part III of Fundamental Rights from Article 14 to 32.
Article 14 to 18 of the Constitution guarantee the right to equality to every citizen of India. Article 19 deals with freedom of speech and expression and Article 21 provides rights to life and liberty.
4. In case of violation of fundamental human rights:
The citizen can move to the Supreme Court under Article 32 and High Courts under Article 226. Directive principle of state policy from Article 36 to 51.
Civil Liberties
In 2021, United States-based Freedom House ranked India as partly free, at 67 points (0-100, higher is better), in its annual Freedom in the World rankings on political rights and civil liberties.
Since 2019 and as of 2023, annual reports on the state of democracy around the world Sweden-based V-Dem Institute classified India as an electoral autocracy because of “restrictions on multiple facets of democracy” such as civil society groups and free speech. The 2023 report stated that, “The process of autocratisation seems to have slowed down considerably or even stalled in India but after turning into autocracies. India was previously classified as an electoral democracy up until 2018.
Conclusion
Both human rights an DPSP are vital in Indian Constitution. While fundamental rights ensure individual protections and freedoms enforceable by courts, DPSPs guide the state towards achieving socio-economic objectives for the welfare of citizens. Together, they aim to balance individual rights with the broader goal of a just and equitable society.
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