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Human rights in India Essay
Reflecting on the evolution of human rights
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India guarantees a set of rights considered essential for protecting human dignity which is known as Fundamental Rights. The Fundamental Rights, as embedded in the Indian Constitution, ensure equal and fair treatment of the citizens before the law. The rights that are basic to the advancement of the human race are called Fundamental Rights. All other rights are derived from these rights as direct implications or application of their principles. It is an accepted belief among the philosophers that these rights are nothing but "natural human rights", which distinguish between humans and animals and which have been so instrumental in bringing humans from the stone age to the present age. Among all, the right to life and liberty is considered …show more content…
21, which is the most important and diverse of all the rights to freedom, is the Protection of Life and Personal Liberty. SC in Menaka Gandhi v Union of India AIR 1978 was a landmark case that gave wide interpretation of this right. In this case the SC held that his right is not only about having any kind of life but a life of dignity. The freedom is not just physical but mental as well as spiritual. This encompasses several rights such as right to travel abroad ( Satvant Singh v Ass. Passport Office AIR 1967) and right to pollution free water and air ( Subhash Kumar vs State of Bihar AIR 1991) . Further, Constitution Amendment Act 86, 2002 makes free and compulsory education to children under 14 a fundamental …show more content…
Art 25-28 Freedom of Religion
Unlike several countries of the world, we are free to practice, profess, and propagate any religion under Art. 25. Art. 26 allows us to establish and maintain institutions for religious and charitable purposes. It also gives the right to manage our own religious matters. Art. 27 provides tax benefits for promotion of religion and art. 28 prohibits religious teaching in govt and govt aided schools.
5. Art 29-30 Cultural and Educational Rights
Art. 29 allows any section of citizens living anywhere in India who have a distinct language, script, or culture, to preserve the same. Art. 30 allows minorities to establish and maintain educational institutions. To prevent discrimination, however, art 29(2) prohibits them from discrimination in admissions only on the grounds of religion, race, caste, language, or any of them.
6. Art 32 Right to Constitutional Remedies
Dr. Ambedkar, the chief architect of our constitution, has said that Article 32 is the soul of our constitution. All the talk of rights is useless if there is no recourse against their transgression. Under this article, a citizen is free to go to the Supreme Court for violation of his rights.
Scope of Fundamental
The Bill of Rights and Declaration of the Rights of Man and Citizen are based on the same principles of natural rights; therefore each document is similar in protecting the people's natural rights. However, despite their similarities, their differences are apparent due to the social situations in which they were adopted. The Bill of Rights stood to protect the freedoms of each individual by establishing a democratic government. The French Revolution eliminated the hierarchy of class and established equality among men with the Declaration of Rights of Man and Citizen. Several influences from past philosophers and documents assisted the frame work of the Bill of Rights and Declaration of Rights and Citizen.
Since the Renaissance of the 15th century, societal views have evolved drastically. One of the largest changes has been the realization of individualism, along with the recognition of inalienable human rights.(UDHR, A.1) This means that all humans are equal, free, and capable of thought; as such, the rights of one individual cannot infringe on another’s at risk of de-humanizing the infringed upon. The fact that humans have a set of natural rights is not contested in society today; the idea of human rights is a societal construction based on normative ethical codes. Human rights are defined from the hegemonic standpoint, using normative ethical values and their application to the interactions of individuals with each other and state bodies. Human rights laws are legislature put in place by the governing body to regulate these interactions.
As members of society, or even just being human beings, these rights are ours. They are fundamental and crucially important. In order for mankind to achieve self liberty, a government or organization is necessary, but only through government that is chosen by and representative of the people of the society. Through this government that provides power to the people, liberty is preserved by protecting rights, giving a voice to the general society, and if need be, creating a way to keep in check or remove a corrupt government.
This section is about the basic unalienable rights that every human should have life, liberty, and the pursuit of happiness are some of the rights that are talked about in this section. It also talks about how some people have the right to overthrow an unjust government. It states that government should not be changed for light or unimportant reasons. An
- These rights are natural rights, petitions, bills of rights, declarations of the rights of man etc.
Civil liberties and civil rights are some of the most controversial issues within today’s society and government. The debates upon these liberties and rights are paramount. Topics such as the infringement of government upon these rights, through laws and such, and even the infringement of society upon them, through the sentiments of equality that the people hold, seem to take center stage whenever they are discussed. This controversy stems from the Constitution’s Bill of Rights and its ambiguity upon the fourteenth amendment and how it should apply and grow with society. In my opinion, I feel that civil liberties and civil rights are crucial to our country as a whole, but to address them here, in their entirety, would be impossible and overall useless. Still, if I were in government and amending or interpreting the Constitution, while also keeping the changes I’d like to make to the Constitution in mind from my last essay, I would like to identify freedom of religion, freedom of speech, and the pursuit of happiness to be the most fundamental civil liberties and civil rights mentioned, and I would like to reiterate or add this to my constitution.
Since the beginning of American history, citizens who resided the country lacked the basic civil rights and liberties that humans deserved. Different races and ethnicities were treated unfairly. Voting rights were denied to anyone who was not a rich, white male. Women were harassed by their bosses and expected to take care of everything household related. Life was not all that pretty throughout America’s past, but thankfully overtime American citizens’ civil liberties and rights expanded – granting Americans true freedom.
Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution. It is important to have rights as a human because human rights are standards that allow all people to live with dignity, freedom, equality, justice, and peace. Every person has these rights simply because they are human beings and all human beings should be entitled to having rights including the rights to the second amendment. We should all have the right to buy and own guns, to protect ourselves, our families and when it comes down to it, maybe the lives of many
“Human rights are not worthy of the name if they do not protect the people we don’t like as those we do”, said Trevor Phillips, a British writer, broadcaster and former politician. Since the day of human civilization and human rights are found. No one can argue against the idea that God created us equal, but this idea have been well understood and known after the appearance of many associations that fight for human rights as The Universal Declaration of Human Rights (UDHR) that showed up in 1948. Human rights are those rights that every person, without exceptions, is born with. They are the most important human basic needs because no one can live a decent appropriate life without having those rights as a human. In fact, these rights
These rights, from a philosophical standpoint, have certain characteristics that distinguish them from any other. According to Richard Wasserstrom, author of the article, "Rights, Human Rights, and Racial Discrimination," human rights embody several characteristics. Primarily, and perhaps obviously, human rights are those that belong solely to humans (Wasserstrom 631). Moreover, Wasserstrom... ... middle of paper ... ...
The EU Charter of Fundamental Rights is a document which brings together all of the Fundamental Human Rights together in one, single document. Before the inception of EU Charter of Fundamental Rights, the member states of the European Union had many conflicting opinions on what exactly a human right entailed, therefore the need for a single, codified document outlaying the basic Fundamental Human Rights was great. The Charter was issued in 2000 and at this time, according to Jesse Norman, The Parliamentary Undersecretary of State for Industry and Energy, ‘The charter was then described as a ‘solemn proclamation’ and was designed to strengthen the EU’S political legitimacy, containing rights and freedoms as well as strengthening the rights of
Human rights are regarded as the keystone of modernity. There are various international bills to entrench the modern ideas of human rights, such as the Universal Declaration of Human Rights (UDHR). Human beings are entitled to civil and political rights against violation by the state, as long as the social, economic and cultural rights.
ABSTRACT: This paper defends the claim that the contemporary canon of human rights forms an indivisible and interdependent system of norms against both "Western" and "Asian" critics who have asserted exceptionalist or selectivist counterclaims. After providing a formal definition of human rights, I argue that the set of particular human rights that comprises the contemporary canon represents an ethical-legal paradigm which functions as an implicit theory of human oppression. On this view, human rights originate as normative responses to particular historical experiences of oppression. Since historically known experiences of oppression have resulted from practices that function as parts of systems of domination, normative responses to these practices have sought to disarm and dismantle such systems by depriving potential oppressors of the techniques which enable them to maintain their domination. Therefore, human rights norms form a systematic and interdependent whole because only as parts of a system can they function as effective means for combatting oppression and domination.
A general definition of human rights are that they are rights and freedoms to which all humans are entitled to, simply because there human. It is the idea that ‘all human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.’ The thought that human rights are universal emerges from the philosophical view that human rights are linked to the conservation of human dignity- that respect for individual dignity is needed regardless of the circumstance, leading to the notion that human rights are universal. The earliest form of human rights can be traced back to European history- the French Declaration on the Rights of Man and of Citizen which says that men are born free and equal in rights.
“Provisions of the International Religious Freedom Act.” Facts On File Issues and Controversies. Jan 21 2000:18.