HUMAN RIGHTS IN INDIA
-Dr. Debasish Mukherjee, eminent Advocate
According to Gita, he who has no ill will to any being, who is friendly and compassionate, who is free from egoism and sense and who is even minded in pain and pleasure and patient is dear to God . It also says that divinity in humans is represented by the virtues of non violence, truth, freedom from anger , renunciation, aversion to fault finding, compassion to living being, freedom from covetousness, gentleness, modesty and steadiness the qualities that a good human being ought to have.
The historical account of ancient Bharat proves beyond doubt that human rights were as much manifest in the ancient Hindu and Islamic civilizations as in the European Christian civilizations. Ashoka , the prophet Mohammed and Akbar can not be excluded from the genealogy of human rights. The modern version of human rights jurisprudence may be said to have taken birth in India at the time of British rule .The Constitution of the Republic of India which came into force on 26th January, 1950 with 395 Articles and 8 Schedules is one of the most elaborate fundamental laws ever adopted. The Preamble to the Constitution declares India to be a sovereign, socialist, secular and Democratic Republic.
The term democratic denotes that the Government gets its authority from the will of the people. It gives a feeling that they all are equal irrespective of the race, religion, language, sex and culture.
Human Rights in India is an issue complicated by the country's large size and population, widespread poverty, lack of proper education as well as it's diverse culture, despite its status as the world's largest sovereign , secular, democratic republic. The Constitution of India provides for Fundamental Rights which include freedom of religion, freedom of speech, freedom of movement within the country or abroad. Human Rights are based on dignity, equality and mutual respect.
In the year 1950, the Constitution of India establishes a sovereign democratic republic with universal adult franchise.
Part 3 of the Constitution of India contains a Bill of Fundamental Rights enforceable by the Supreme Court of India and the High Courts. It also provides for reservations for previously disadvantaged sections in education, employment and political representation. Several changes have been made in the human rights concept in India since 1950.
In 1973, the Supreme Court of India rules in Kesavananda Bharati case held that the basic structure of the Constitution (including many fundamental rights) is unalterable by a constitutional amendment. By way of a constitutional amendment, Local Self Government (Panchayeti Raj) as a third tier of the seats reserved for women.Reservations were provided for Scheduled Casts and Tribes as well. In the year 1973 National Human Rights Commission was established under the Protection of Human Rights Act.
In the year 2001, Supreme Court of India passed extensive order to implement the right to food . In the year 2005, a powerful Right to Information Act was enacted to give the citizens access to information held by public authorities.
The Asian Centre for Human Rights estimated that from 2002 to 2008, over four people per day died while in police custody with hundreds of those deaths being due to police use of torture. Instances of torture such as through a lack of sanitation, space or water have been documented in West Bengal as well.
Human Rights also provides people the means necessary to satisfy their basic needs such as food, housing and education so they can take full advantage of all opportunities.
Finally by quarantining life, liberty, equality and security, human rights protect people against abuse by those who are more powerful.
The State maintains the framework of social order by implementation of various laws without which well ordered social life would not be possible. Protection of the dignity of an individual is essential for harmony in the society, as it's violation can have grave impact on individual in particular and on society in general.
Only provision for the fundamental rights does not fulfill the objective of protection of dignity of an individual but free enjoyment of the rights has to be ensured. Therefore Article 32 guarantees right to constitutional remedies i.e right to move to Supreme Court to enforce fundamental rights.
Judiciary is ultimate guardian of the human rights of the people.
Email legal query at hellokolkata1@gmail.com and our experts will respond.
Whtsp- 9339228087
-Dr. Debasish Mukherjee, eminent Advocate
According to Gita, he who has no ill will to any being, who is friendly and compassionate, who is free from egoism and sense and who is even minded in pain and pleasure and patient is dear to God . It also says that divinity in humans is represented by the virtues of non violence, truth, freedom from anger , renunciation, aversion to fault finding, compassion to living being, freedom from covetousness, gentleness, modesty and steadiness the qualities that a good human being ought to have.
The historical account of ancient Bharat proves beyond doubt that human rights were as much manifest in the ancient Hindu and Islamic civilizations as in the European Christian civilizations. Ashoka , the prophet Mohammed and Akbar can not be excluded from the genealogy of human rights. The modern version of human rights jurisprudence may be said to have taken birth in India at the time of British rule .The Constitution of the Republic of India which came into force on 26th January, 1950 with 395 Articles and 8 Schedules is one of the most elaborate fundamental laws ever adopted. The Preamble to the Constitution declares India to be a sovereign, socialist, secular and Democratic Republic.
The term democratic denotes that the Government gets its authority from the will of the people. It gives a feeling that they all are equal irrespective of the race, religion, language, sex and culture.
Human Rights in India is an issue complicated by the country's large size and population, widespread poverty, lack of proper education as well as it's diverse culture, despite its status as the world's largest sovereign , secular, democratic republic. The Constitution of India provides for Fundamental Rights which include freedom of religion, freedom of speech, freedom of movement within the country or abroad. Human Rights are based on dignity, equality and mutual respect.
In the year 1950, the Constitution of India establishes a sovereign democratic republic with universal adult franchise.
Part 3 of the Constitution of India contains a Bill of Fundamental Rights enforceable by the Supreme Court of India and the High Courts. It also provides for reservations for previously disadvantaged sections in education, employment and political representation. Several changes have been made in the human rights concept in India since 1950.
In 1973, the Supreme Court of India rules in Kesavananda Bharati case held that the basic structure of the Constitution (including many fundamental rights) is unalterable by a constitutional amendment. By way of a constitutional amendment, Local Self Government (Panchayeti Raj) as a third tier of the seats reserved for women.Reservations were provided for Scheduled Casts and Tribes as well. In the year 1973 National Human Rights Commission was established under the Protection of Human Rights Act.
In the year 2001, Supreme Court of India passed extensive order to implement the right to food . In the year 2005, a powerful Right to Information Act was enacted to give the citizens access to information held by public authorities.
The Asian Centre for Human Rights estimated that from 2002 to 2008, over four people per day died while in police custody with hundreds of those deaths being due to police use of torture. Instances of torture such as through a lack of sanitation, space or water have been documented in West Bengal as well.
Human Rights also provides people the means necessary to satisfy their basic needs such as food, housing and education so they can take full advantage of all opportunities.
Finally by quarantining life, liberty, equality and security, human rights protect people against abuse by those who are more powerful.
The State maintains the framework of social order by implementation of various laws without which well ordered social life would not be possible. Protection of the dignity of an individual is essential for harmony in the society, as it's violation can have grave impact on individual in particular and on society in general.
Only provision for the fundamental rights does not fulfill the objective of protection of dignity of an individual but free enjoyment of the rights has to be ensured. Therefore Article 32 guarantees right to constitutional remedies i.e right to move to Supreme Court to enforce fundamental rights.
Judiciary is ultimate guardian of the human rights of the people.
Email legal query at hellokolkata1@gmail.com and our experts will respond.
Whtsp- 9339228087
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