CENTRAL UNIVERSITY OF SOUTH BIHAR

SCHOOL OF LAW & GOVERNANCE

PROJECT REPORT-
Enforcement of Human Rights in India
UNDER THE SUPERVISION-
Ms. Kumari Nitu
Assistant Professor

School of Law & Governance

Submitted by-
Rahul Kumar
B.A.LL.B (Hons.)
Enrollment no.-CUSB1813125073
4th Semester
Section – A

Page | 1
 PREFACE
As a part of the LL.B. Curriculum (as prescribed by The Bar Council of India) and in order
to gain practical cum research knowledge in the field of law, I’m required to make a report on
prescribed topic as per given by my Law Teacher Ms. Kumari Nitu. Here, I have got the
project on “Enforcement of Human Rights in India” and I required to make a report on the
specified topic. The Basic Objectives behind doing this project report is to get knowledge
tools of the term and consequences of Public International Law.

In this project report I have included various definition, concepts, effects, case laws
related to various human rights in India. Doing this Project report helped me to enhance my
knowledge regarding the sources of International law and especially various human rights so
as on which undergoes with many experiences related with my topic concerned.

Page | 2
 Acknowledgement

Writing a project after a research is never an easy task to perform. It is one of the most
significant academic challenges. Though this paper is presented by me yet there are various
other persons who remain in veil and gave all the possible support to complete this project.
This project is a result of hard work incorporated by immense dedication and moral support.
I, hereby, would like to first of all thank my law professor Ms. Kumari Nitu who gave me an
opportunity to work on this specified project. Due to her support only, I successfully
completed this paper. Secondly, I would like to thanks to my friends whom I discussed the
problem with and got to understand the right methodology to be adopted to accomplish the
task. Moreover, there have also been various other factors that helped me complete this
paper. I ask for sorry if there have been any mistakes in the paper. At the same time, I would
also like to ask the same to those whose name has not been mentioned hereby in the
acknowledgement. But I wholeheartedly thank all those who have stood there for me every
time and supported me.

Last but not the least, I would like to express thank to my seniors who reviewed my
paper for rendering constructive and valuable suggestions and comments that have helped a
lot in improving the quality and content of this paper.

Page | 3
 RESEARCH METHODOLOGY
▪ Research Methodology: The project is basically based on the doctrinal method of research
as no field work is done on this topic.

▪ Aims & Objectives: To do an in-depth analysis on General Principles of law recognized

by civilized states as sources of International Law.

▪ Sources of Data: The whole project is made with the use of secondary source. The
following secondary sources of data have been used in the project: 1. Books 2. Websites

▪ Mode of Citation: The researcher has followed a uniform mode of citation throughout the
course of this research paper.

▪ Type of Study: For this topic, the researcher has opted for Descriptive and Explanatory
type of study as in this topic, the researcher is providing the descriptions of the existing facts.

Page | 4
 Table of Content

S.No. Content Page no.

1. Cover Page 1

2. Preface 2

3. Acknowledgement 3

4. Research Methodology 4

5. Table of Content 5

6. Introduction 6

7. Evolution of Human Rights 6

8. Human Rights in India

9. Conclusion

10. Bibliography

Page | 5
 Introduction
Human Rights are those minimal rights which every individual must have against the State or
other public authority by virtue of his being a 'member of the human family', irrespective of
any other consideration. The concept of human rights is as old as the ancient doctrine of
'natural rights' founded on natural law, the expression 'human rights' is of recent origin,
emerging from (post-Second World War) international Charters and Conventions.

It would, therefore, be logical to start with the concept of natural rights, which eventually led
to the formulation of 'human rights'.

1. In the beginning, the right of man as a legal or moral concept appeared in the form of
natural rights. The natural rights were derived from the nature of man for these are inherent in
the nature of man and form part of his intrinsic nature. It means there exist in the nature of
universe certain objective moral principles which can be perceived by the man by the
application of his reason and self determination. There are so many theories round the corner
about the nature, meaning and concept of natural rights, which ultimately culminated into the
idea that an individual has right upon society or against society which the society must
recognize as human rights. This concept of human rights can be termed as updated version of
the traditional 18th Century concept of the right of man.

2. The expression human right is of recent origin emerging after the end of the
Second World War. The outcome of the Second World War had given rise to the serious
concern towards humanity because humanity suffered lot in this era, and as a consequence
tremendous developments have been made in the field of human rights. Universal
Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly
in 1948 and subsequently large number of international human right instruments and
covenants came into existence.

(1)The U.N. Charter, 1945.

(2)Universal Declaration of Human Rights, 1948.
(3) International Covenants of 1966 i.e. Civil and Political Rights and Economic, Social and
Cultural Rights.
(4) European convention for protection Rights, 1953.

Page | 6
 EVOLUTION OF HUMAN RIGHTS
The preamble of the Universal Declaration of Human Rights States:— "....It is essential if
man is not to be compelled to have recourse, as a last resort to rebellion against tyranny and
oppression, that human rights should be protected by the rule of law."

The primitive societies had probably no conception of human rights even after
inception of human civilization the idea of human rights in the form of some basic natural
rights, goes to the founder of the natural law theory. The natural law theory promoted the idea
that man is endowed by birth with certain inalienable rights of which right to life, liberty and
property are paramount. As soon it was realised that human rights were practically privileges
of the rich and the powerful and that the poor man human rights remained only ornamental
pieces in the form of a few articles in some written constitution. When poverty deprives a
person of a decent human existence all the human rights are rendered meaningless and
insignificant.

The movement for securing human rights, however, continued and gained
strength after the Second World War. The General Assembly of the United Nations adopted
and proclaimed the Universal Declaration of Human Rights soon after the formation of the
United Nations in December, 1948. There after two international covenants, one on
Economic, Social and Cultural Rights and the other on Civil and Political Rights were
adopted by the Central Assembly on December 16, 1976.

HUMAN RIGHTS IN INDIA

Our country was one of the original signatories to the International Covenant on Civil and
Political Rights and therefore the framers of Indian Constitution were influenced by the
concept of human right and recognised as well as guaranteed most of the human rights which
were subsequently embodied in the International Covenant 1966. The Preamble of the Indian
Constitution reflects the inspiring ideals with the specific mention of "dignity of the
individual".

HUMAN RIGHTS UNDER THE CONSTITUTION OF INDIA

The Constitution of independent India came into force on 26th January. The impact of the
Universal Declaration of Human Rights on drafting part III of the Constitution is apparent.

Page | 7
India has acceded to the Universal Declaration of Human Rights as well as to the subsequent
International Covenants of Economic, Social and Cultural rights and Civil & Political Rights
adopted by the Central Assembly of the United Nations. Fundamental Rights enshrined in
Part III of the Constitution have emerged from the doctrine of natural rights. Fundamental
Rights are the modern name for what have been traditionally known as Natural Rights. The
Natural Rights transformed into fundamental rights operate as a constitutional limitation or a
restriction on the powers of the organs set up by the Constitution or the State action. Judicial
Review, Justiciability or Enforcement became an inseparable concomitant of fundamental
rights. As no right of freedom can be absolute, limitations have been imposed to each
fundamental right in the interest of securing social justice. Enforcement of fundamental rights
can even be suspended or prevented in emergency . Directive Principles is enshrined in Part
IV of the Constitution epitomise the ideals, aspirations the sentiments, the precepts and the
goals of our entire freedom movement. The wisdom of the forefathers of the Constitution was
justified in incorporating non-justiciable human rights in the concrete shape of the directive
principles.

ENUMERATION OF POLITICAL AND CIVIL FUNDAMENTAL RIGHTS UNDER

THE CONSTITUTION OF INDIA :

The political and civil rights are termed as 'Fundamental Rights' and enshrined in Part-III of
the Indian Constitution which includes the following rights:—

(1) Right to equality - Articles 14, 15 and 16.

(2) Right to six freedoms - Article 19.

(a) Freedom of speech and expression.

(b) Freedom to assemble peacefully and without arms

(c) Freedom to form associations or unions.

(d) Freedom to move freely throughout the Territory of India.

(e) Freedom to reside and settle in any part of the territory of India.

(f) Freedom to practice any profession or carry on any occupation, trade or business.

(3) Right to life and personal liberty - Articles 20, 21 and 22.

Page | 8
(4) Right to freedom of religion - Articles 25, 26, 27 and 28.

(5) Cultural and educational rights - Articles 29 and 30.

(6) Right to property - Article 31. (The 44th amendment has deleted this right and re-enacted
it in Article 300 A, as constitutional right).

(7) Right against exploitation - Articles 23 and 24.

(8) Right to Constitutional remedies - Article 32.

ENUMERATION OF CULTURAL, SOCIAL AND ECONOMIC RIGHTS UNDER

THE DIRECTIVE PRINCIPLES OF THE CONSTITUTION OF INDIA:

Part-IV of the Indian Constitution detailing 'Directive Principles of State Policy' lays down
the following rights. The socialist and welfare precepts have particularly been incorporated in
Article 39 of the Constitution.

(1) Right to adequate means of livelihood - Article 39 (a).

(2) Right against economic exploitation - Article 39 (e). The health and strength of both
sexes and tender age of children are not abused and are not forced by economic necessity to
enter avocations unsuited to their age or strength.

(3) Right to both sexes to equal pay for equal work - Article 39(d).

(4) Right to work - Article 41.

(5) Right to leisure and rest - Article 41.

(6) Right to public assistance in case of unemployment, old age sickness (Social Security) -
Article 41.

(7) It directs the State to create conditions where there will be no concentration of wealth and
means of production to the common detriment and where the ownership and control of the
material resources, of the community are so distributed as best to sub-serve the common
good. [Article 39 (b) and (c)]. Further, the Directive Principles are provided in the Articles of
the Constitution mentioned herein below:

(8) Article 42 - Just and human conditions of work and maternity leave.

Page | 9
 (9) Article 43 - Mandatory Payment of living wages etc. to workers.

(10) Article 44 - Uniform Civil Code.

(11) Article 45 - Free and Compulsory Education.

12) Article 46 - Promotion of educational and economic interests of scheduled castes,

scheduled tribes and other weaker sections.

13) Article 47 - Duty of the State to raise the level of nutrition and the Standard of living and
to improve public health.

(14) Article 48 - Organisation of agriculture and animal husbandry.

(15) Article 49 - Protection of monuments and places and objects of national importance.

(16) Article 50 - Separation of Judiciary from Executive.

(17) Article 51 - Promotion of international peace and security. By 42nd Amendment of the
Constitution, three more Articles were added therein:

(18) Article 43A - Participation of workers in management of industries.

(19) Article 39A - Equitable justice and free legal aid.

(20) Article 48A - Protection and improvement of environment and safeguarding of forests
and wild life.

In India, the Supreme Court has propounded the theory of 'emanation' has
departed from the traditional view that Part III of the Constitution provides an exhaustive list
of Fundamental Rights. The theory, basically means that even though right is not specifically
mentioned in Part III, it may still be regarded as a fundamental right if it can be regarded as
an integral part of a named fundamental right; in other words, "it 'emanates' from a named
fundamental right or its existence is 'necessary' in order to make the exercise of a named
fundamental right meaningful and effective”.(Maneka vs. Union of India) 1. Applying the
'emanation' theory, the Supreme Court has evolved the following unenumerated rights as,
Fundamental Rights:

(1) The right to privacy (as an emanation from Arts 19(1)(d) and 21).

1
(Maneka vs. Union of India, A.I.R. 1978 S.C. 597, Para 77)

Page | 10
(2) The right to human dignity (as an emanation from Arts. 14, 19, 21).

(3) The right to travel abroad (as an emanation from Art. 21)

(4) The right against torture, cruel or unusual punishment or degrading treatment, (as an
emanation from Art. 21); such as solitary confinement.

(5) The right to speedy trial (emanating from Art. 21).

(6) The right to free legal aid in criminal trial (from Art. 21).

(7) The right against delayed execution.

(8) The right against custodian violence.

(9) The rights to shelter, to doctor's assistance, the right to health.

(10) The right to pollution free environment.

(11) The right to education of a child until he attains the age of 14.

(12) The freedom of Press, and right to listen, and right to know. (From Art. 19(1) (a)).

It would not be wrong to say that the violation of human rights can be controlled
only when there is a firm determination for the human dignity and values. It is equally
important that the Indian society at large, including the political elite, both civil and police
administration, the media, civil society and intellectuals who yield influence in moulding the
opinion in the society should have proper approach and attitude towards the protection of
human rights. The role of media as a watchdog is equally important in the protection and
promotion of human rights. It is however, witnessed that the media fails either to highlight
the instances of human rights violations, or willfully collaborates with the state agencies to
cover-up the incidents. At times, the media also plays a negative role by sensationalizing an
incident (sometimes referred to as trial by media), which can have grave repercussions for
both the society and the individual. Hence media must be sensitized to play an important role
in securing rights of the people.

Page | 11
 CONCLUSION
While concluding, I would say that, these rights belong to us, they are our rights, and
therefore we must be familiar with them. We must help to promote and defend them for
ourself as well as for our fellow human beings."

I have certain suggestions for protection of human rights:

• Education related to Human Rights be included as a part of the general curriculum.

• Research in the field of human rights to be encouraged with financial assistance which will
help to develop a modern theory for human rights useful in modern times.

• The Law Enforcement Agencies be sensitized and trained to ensure the observation of
human rights standards.

• A Special Law giving statutory recognition to human rights be enacted.

• Policies and programs be implemented to ensure that people have access to their rights.

BIBLIOGRAPHY
➢ Books:

1) H. Lauterpacht “L. OPPENHEIM, INTERNATIONAL LAW” 8th Edition, 1955

2) Malcom N. Shaw, “International Law”, 6th Edition, 2008

➢ Websites:

1) www.researchgate.net

2) www.dash.harvard.edu

3) www.law.muni.cz

4) www.academicjournals.org

5) www.legalserviceindia.com

Page | 12