Sunday, April 3, 2011

Indian Constitution and Human Rights

Human Rights is one of the burning issue all over the world. After Universal Declaration of Human Rights 1948 by United Nations and rectified by many of the country it was implemented and enforced in most of the countries. When we talk about the Indian constitution, it is widely accepted and enforced here. Article 12-35 contains Fundamental Rights. It is the resultant of the broad vision of our constitution framers that these Fundamental Rights are the basic rights for living a human being so they made this provision. If there is any violation of these rights one can directly approach to the Supreme Court of India under the provision of Article 32. 

Right to Equality
Article 14 talks about Equality before Law which is based on Austinian Philosophy that Law is the command of sovereign and every body is equal before law. Where Article 15 prohibits discrimination on the basis of religion, race, caste, sex or place of birth. Equality of opportunity in matter of public employment - Article 16. Abolition of untouchablity and titles under Article 17 and 18 respectively.

Right to Freedom
It is under Article 19 to 22. It provides (a) right to freedom of speech and expression; (b) to assemble peaceably without arms; (c) to form association or union; (d) to move freely throughout     
the territory of India; (e) to reside and settle any part of India; *** (g) to practice any profession, or to carry on any occupation, trade or business. it also provide protection of life and personal liberty as well as double jeopardy, right to education, protection against arrest and detention in certain cases.

Right against Exploitation
Article 23 - Prohibition of traffic in human beings and forced labour and Prohibition of employment of children in factories etc. - Article 24.

Right to Freedom of Religion
Article 25 to 31 deals about the rights regarding freedom to profess any religion and to contribute any religious association for the welfare, freedom to manage religious affairs etc.

Right to Constitutional Remedies
If there is violation of these rights one can get remedies under Article 32 .

Under Article 14 there is special provisions regarding women and children, people of Schedule caste and tribes as well as people who belongs to backward class.

So here this much rights and protection is already given then there is no any requirement of any law relating to human rights.

But there are some NGOs and radical associations demands rights towards terrorists, criminals, naxalites not for the common people. According to them only such kinds of people have right to live and liberty. They took arms and kill people, police, army in this case its their right but in reply they are killed by police, army they sought that here are the violation of Human rights. This is the double standard of these people.

They think about it and work accordingly.