1.

Rights under Indian Constitution

The rights recognized under Indian Constitution are discussed under the following headings

1 Human Rights in Preamble

We, the people of India, having solemnly resolved to constitute India into a sovereign,
socialist, secular, democratic republic and to secure its all citizens:
Justice, Social economic and political;
Liberty of thought, expression, belief, faith and worship;
Equality of status and of opportunity and to promote among them all
Fraternity assuring the dignity of individuals and the unity and integrity of the nation.
In our Constituent Assembly this twenty sixth day of November, 1949, do hereby adopt,
enact and to give to ourselves this constitution.
2 Human Rights in Fundamental Rights
Part III of the Indian Constitution provide the Fundamental Rights from article 12 to 35 to all
citizens of the country.

Supreme Court of India recognizes these fundamental rights as ’Natural Rights’ or ’Human
Rights’. While referring to the fundamental rights contained in Part III of the Constitution,
Sikri the then Chief Justice of the Supreme Court, in keshavananda Bharati v. State of
kerala,”observed, ”I am unable to hold these provisions to show that rights are not natural or
inalienable rights. Patanjali Shastri in State of West Bengal v. Subodh Gopal Bose observed
referred to fundamental rights as those great and basic rights, which are recognized and
guaranteed as the natural rights inherent in the status of a citizen of a free country.

There are Six Categories of Fundamental Rights. They are;

1. Right to Equality (Articles 14 to 18)
 Equality Before Law and Equal Protection of Law.( Art .14)
 Prohibition of Discrimination on Grounds of Religion Caste etc. (Art. 15)
 Equality of Opportunity to Employment. (Art.16)
 Abolition of Untouchability. (Art. 17)
2. Right to Freedom (Articles 19 to 22)
 Freedom of Speech and Expression
 Freedom to Assemble Peacefully
  Freedom to form Association and Union
 Freedom to Move Anywhere in India
 Freedom to Settle in any Part of the Country
 Freedom to do Any Job or Profession
 Protection in Respect of Conviction for Offences (Art.20)
 Right to Life and Personal Liberty, Art. 21
 Right to Education Art 21A
 Protection Against Arrest and Detention in Certain Cases (Art.22)
3. Right against Exploitation (Articles 23 to 24)
 Prohibition of Traffic in Human Beings and Forced Labour. (Art23)
 Prohibition of Employment of Children in Hazardous Employment. (Art24)
4. Right to Freedom of Religion (Articles 25 to 28)
 Freedom of Conscience and the Right to Profess Practice and Propagate Religion
(Art.25)
 Freedom to Manage Religious Affairs (Art. 26)
 Freedom of Payment of Taxes for Promotion of Any Particular Religion. (Art.27)
 Freedom as to Attendance at Religious Instruction in Certain Educational Institutions.
(Art 28)
5. Cultural and Educational Rights (Articles 29 to 30)
Protection of Language Script or Culture of Minorities (Art.29)
Right of Minorities to Establish and Administer Educational Institutions. (Art30)
6. Right to Constitutional Remedies (Art 32 to 35)
This is one of the most important rights in the constitution. Without this right the other right
may remain in words without proper enforcement. The right to constitutional remedies helps
us to enjoy the fundamental rights and can move to the court for the enforcement of the rights
though the writ petitions
3 Human Rights in Directive Principles of State Policy
DPSP enshrined in the part IV articles 36 to 51 of the Indian constitution. It sets out the ideals
and objectives related with social economic and cultural upliftment. The Directive Principles
of State Policy enshrines socio-economic rights which are part of the human rights. Our
Indian constitution given several Directive Principles of State Policy under articles 36 to 51
they are

1 Right to adequate means of livelihood.

2 Right to equal pay for equal work.
 3 Right of children and the young to be protected against exploitation and to
opportunities for healthy development, consonant with freedom and dignity.
4 Equal justice and free legal aid.
5 Organization of village panchayats.
6 Right to work, to education and to public assistance in certain cases.
7 Provision for just and humane conditions of work and maternity leaves.
8 Living wage etc. for workers.
9 Participation of workers in management of industries.
10 Promotion of cooperative societies.
11 Uniform civil code for the citizens.
12 Provision for early childhood care and education to children below the age of six
years.
13 Promotion of education and economic interests of SC, ST, and other weaker
sections. 14 Duty of the state to raise the level of nutrition and the standard of living and
to
improve public health.
15 Organization of agriculture and animal husbandry.
16 Protection and improvement of environment and safeguarding of forests and
wildlife. 17 Protection of monuments and places and objects of national importance.
18 Separation of judiciary from the executive.
19 Promotion of international peace and security.
4 Human Rights in Fundamental Duties
Ten Fundamental Duties were added in Part-IVA of the Constitution under Article 51-A
in the year 1976 through the 42nd Constitutional Amendment. However, whereas
Fundamental Rights are justiciable, the Fundamental Duties are non-justiciable. It means
that the violation of fundamental duties, i.e. the non-performance of these duties by
citizens is not punishable.
The following ten duties have been listed in the Constitution of India:

(a) To abide by the Constitution and respect the National Flag and the National Anthem;
(b) To cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) To uphold and protect the sovereignty, unity and integrity of India;
(d) To defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all people of India
transcending religious, linguistic and regional or sectional diversities and to renounce
practices derogatory to the dignity of women;
(f) To value and preserve the rich heritage of our composite culture;
(g) To protect and improve the natural environment including forests, lakes, rivers and wild
life and to have compassion for living creatures;
(h) To develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) To safeguard public property and to abjure violence;
(j) To strive towards excellence in all spheres of individual and collective activity, so that the
nation constantly rises to higher levels of Endeavour and achievement."
(k) Who is a parent or guardian to provide opportunities for education to his child or as the
case may be ward between the ages of 6-14 years

1. Right to Equality
In the case of the Air India v. Nargesh Meerza the court said that the termination of service
on pregnancy was manifestly unreasonable and arbitrary on the basis of this it was violation
of article 14 of Indian constitution. The Supreme Court held that right to equality before the
law and the equal protection of law provided under article14 of the Indian constitution

1. Right to go Abroad

the Supreme Court held that right to life and personal liberty included Right to travel abroad
within the meaning of Article 21 of the constitution In Maneka Gandhi v. Union of India
validity of Sec. 10(3)

1. Right against Sexual Harassment at Workplace

In Vishakha v. State of Rajasthan the Supreme Court has declared sexual harassment of a
working woman at her work as amounting to violation of rights of gender equality and rights
to life and liberty which is clear violation of Articles 14, 15 and 21 of the Constitution.
 The following table shows the different Articles of the covenant and the Constitution
where in identical rights are stipulated:-

Sl .no Rights Covenant on Civil

and Political Rights Indian Constitution
1. Forced Labour Article 8(3) Article 23

2. Equality before Law Article 14(1) Article 14

3. Prohibition of discrimination Article 26 Article 15

4. Equality of opportunity to public Article 25(c) Article 16(1)

service

5. Freedom of Speech Article 19(1)&(2) Article 19(1)(a)

6. Right for peaceful assembly Article 21 Article 19(1)(b)

7. Rights of freedom of Association Article 22(1) Article 19(1)(c)

8. Rights to move freely within the Article 12(1) Article 19(1)(d)&(e)

territory of a State
 9. Protection against ex-post facto Article 15(1) Article 20(1)
law
10. Protection against double- Article 14(7) Article 20 (2)
jeopardy

11. Not to be compared to testify Article 14(3) (g) Article 20 (3)

against himself

12. Right to life and liberty Article 6(1)& 9(1) Article 21

13. Protection against arrest and Article 9(2) (3) and Article 22
detention in certain cases (4)

14. Freedom of conscience and Article 18 (1) Article 23

religion

15 Protection of interests of Article 27 Article 29&30

minorities and right of minorities
to establish and administer
educational institutions

The following table shows the different Articles of the Universal Declaration and the
Constitution where in identical rights are stipulated:-

Civil and Political Rights

SI No. Universal Declaration of Human Rights Indian constitution

(Civil and Political Rights)
Everyone has the right to life, liberty and security of person.
1 (Art.3) Article 21
 No one shall be held in slavery or servitude; slavery and the
2 slave trade shall be prohibited in all their forms. (Art.4) Article 23

3 Equality before Law and Non-discrimination (Art.7) Article 14 and 15

4 Right to effective remedy (Art.8) Article 32

Rights against arbitrary arrest, detention and right to habeas

5 corpus (Art.9) Article 22

6 Rights ex-post facto law [Art.11(2)] Article 20(1)

7 Right to freedom of movement [Art.13(1)] Article 19(1)(d)

Article 19 (1)(f) (but it was

Right of own property and not be deprived of property omitted by the Constitution)
8 (Art.17) (42th Amendment)

9 Right to freedom of religion (Art.18) Article 25(1)

10 Right to freedom of opinion and expression (Art. 19) Article 19(1)(a)

Right to freedom of peaceful assembly and association

11 [Art.20(1)] Article 19(1)(b)

12 Right to equal access to public service [Art.21(2)] Article 16(1)

13 Right of social security (Art.22) Article 29(1)

14 Right of form and join Trade Unions (Art.23)(4) Article 19(1)(c)