JAIPUR NATIONAL UNIVERSITY

(A VENTURE OF THE SEEDLING GROUP OF EDUCATIONAL INSTITUTIONS)

CRIMINAL JUSTICE AND HUMAN RIGHTS

SUBJECT -: INDIAN CONSTITUTION AND HUMAN RIGHTS

(Date of submission – 12 october 2017)

Submitted to: Submitted by:

Disha mam Niraj kumar

 ACKNOWLEDGEMENT

I would like to express my special thanks of

gratitude to my teacher mars/. Disha mam gave me the
golden opportunity to do this wonderful assignment on
the topic Indian constitution and human rights , which
also helped me in doing a lot of research and I came to
know about so many new things.
I am really thankful to her.

Niraj kumar
Signature of the student
 CONTENTS/INDEX

1. Introduction

2. Human rights and Indian constitution

3. Indian and universal declaration

4. Fundamental rights and human rights

5. Important cases

6. Fundamental rights in India

7. Classification of fundamental rights

8. Case laws

9. Importence of human right

10.Conclusion and Suggestions

LIST OF CASELAWS

1. ADM Jabalpur Vs Shukla

2. Champak am Dorairajan Vs State of Madras 1951
3. K.M. Nanavati Vs State of Maharashtra1960
4.Golaknath Vs State of Punjab 1967

5. Madhav JiwajiRao Scindia VsUnion of India1970

6.Kesavananda bharati Vs State of Kerala1973

7. Minerva Mills Vs Union of India 1980

8. Kehar Singh Vs Delhi Administration1984

 INTRODUCTION

THE INDIAN CONSTITUTION AND HUMAN RIGHTS

Introduction of Human Rights in India Since the days of

the Indus Valley Civilization, Indian culture has been the
product of a synthesis of diverse cultures and religions that
came into contact with the enormous Indian sub continent over
a very long stretch of time. As Jawaharlal Nehru notes, there is
”an unbroken continuity between the most modern and the
most ancient phases of Hindu thought extending over three
thousand years.” The rights of man have been the concern of
all civilizations from time immemorial.” The concept of the
rights of man and other fundamental rights was not unknown
to the people of earlier periods.” The Babylonian Laws and the
Assyrian laws in the Middle East, the ”Dharma” of the Vedic
period in India and the jurisprudence of Lao-Tze and Confucius
in China, have championed human rights throughout the
history of human civilization.
Human Rights and The Indian Constitution

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.” The Preamble to the Constitution ledges justice,
social, economic and political, liberty of thought, expression,
belief, faith and worship, equality of status and of opportunity
and fraternity assuring the dignity of the individual and the
unity and integrity of the nation to ail its citizens.

India and the Universal Declaration

India was a signatory to the Universal Declaration of
Human Rights. A number of fundamental rights guaranteed to
the individuals in Part III of the Indian Constitution are similar
to the provisions of the Universal Declaration of Human Rights.
The following chart makes it very clear.
Fundamental Rights and Human Rights

The judicially enforceable fundamental rights which

encompass all seminal civil and political rights and some of the
rights of minorities are enshrined in part III of the Constitution
(Articles 12 to 35). These include the right to equality, the right
to freedom, the right against exploitation, the right to freedom
of religion, cultural educational rights and the right to
Constitutional remedies.10 Fundamental rights differ from
ordinary rights in the sense that the former are inviolable. No
law, ordinance, custom, usage, or administrative order can
abridge or take them away. Any law, which is violative of any of
the fundamental right, is void.

Important cases

In ADM Jabalpur v. Shukla,Justice Beg observed ”the object

of making certain general aspects of rights fundamental is to
guarantee them against illegal invasion of these rights by
executive, legislative, or judicial organ of the State.”
Earlier,Chief Justice Subba Rao in Golak Nath v. State of
punjab had rightly observed, ”Fundamental rights are the
modern name for what have been traditionally known as
natural rights.” The Supreme Court of lndia recognizes these
fundamental rights as ’Natural Rights’ or ’Human Rights’.
FUNDAMENTAL RIGHTS IN INDIA

The seven fundamental rights recognised by the Indian

constitution are:

1. Right to equality: Which includes equality before law,

prohibition of discrimination on grounds of religion, race,
caste, gender or place of birth, and equality of opportunity
in matters of employment, abolition of untouchability and
abolition of titles. Right to equality is provided from Article
14 to Article 18 of Indian constitution.

2. Right to freedom: Which includes freedom of speech and

expression, assembly, association or union or
cooperatives, movement, residence, and right to practice
any profession or occupation, right to life and liberty,
protection in respect to conviction in offences and
protection against arrest and detention in certain cases.
Right to freedom is provided from Article 19 to 22 of
constitution.

3. Right against exploitation: Which prohibits all forms of

forced labor, child labor and traffic of human beings. It is
provided under Articles 23 and 24 of Indian constitution.
4. Right to freedom of religion: Which includes freedom of
conscience and free profession, practice, and propagation
of religion, freedom to manage religious affairs, freedom
from certain taxes and freedom from religious instructions
in certain educational institutes. Article 25 to 28
enumerates the right to freedom of religion.

5. Cultural and Educational rights: Preserve the right of any

section of citizens to conserve their culture, language or
script, and right of minorities to establish and administer
educational institutions of their choice. Article 29 and
Article 30 of Indian constitution provides for cultural and
educational rights.

6. Right to constitutional remedies: Which is present for

enforcement of Fundamental Rights. It is provided under
Article 32 to 35 of Indian constitution.

7.
Right to Privacy: Which is an intrinsic part of Article 21
that protects life and liberty of the citizens.[1]
Classification of Fundamental rights

Originally Constitution provided for seven Fundamental Rights

via
1. Right to equality (Article 14-18)
2. Right to freedom (Article 19-22)
3. Right against exploitation (Article 23-24)
4. Right to freedom of religion (Articles 25-28)
5. Cultural & educational rights (Articles 29-30)
6. Right to Property (Article 31)
7. Right to constitutional remedies (Article 32).
8. Right to Privacy
.

Right to Equality (Articles 14-18):

Article 14 (Equality before law):

 Article 14 says that state shall not deny to any person

equality before the law or the equal protection of the laws
within the territory of India.
 Art. 14 is available to any person including legal persons viz.
statutory corporation, companies, etc.
 Art. 14 is taken from the concept of equal protection of laws
has been taken from the Constitution of USA.
 The concept of the rule of law is a negative concept while
the concept of equal protection of laws is a positive concept.
 The concept of equality before the law is equivalent to the
second element of the concept of the ‘rule of law’
propounded by A.D. dicey, the British jurist. But certain
exceptions to it are, the president of India, state governors,
Public servants, Judges, Foreign diplomats, etc., who enjoy
immunities, protections, and special privileges.


Article 15 (Prohibition of discrimination on the grounds of

religion, race, caste, sex or place of birth):

 Article 15 says that the state shall not discriminate against

only of religion, race, sex, place of birth or any of them.
 Under Article 15 (3) & (4), the government can make special
provisions for women & children and for a group of citizens
who are economically and socially backward.


Article 16 (Equality of opportunities in matters of public

employment):

 Article 16 says that there shall be equality of opportunity for

all citizens in matters relating to employment or
appointment to any office under the state.


Article 17 (Abolition of Untouchability): Article 17 says

that Untouchability is abolished and its practice in any form is
forbidden. The enforcement of any disability arising out of
untouchability shall be an offense punishable by law.

Article 18 (Abolition of titles):

 Article 18 says that no title, not being a military or academic

distinction, shall be conferred by the State. No citizen of
India shall accept any title from any foreign state.
 The awards, Bharat Ratna, Padma Vibhuhan, Padma
Bhushan and Padma Shri, called as The National Awards
would not amount to title within the meaning of Article
18(i).


Right to Freedom (Articles 19-22):

Article 19 (Protection of certain rights regarding freedom of

speech, etc.):

Article 19 says that all citizens shall have the right

1. to freedom of speech and expression.

2. To assemble peacefully and without arms.
3. To form associations or unions.
4. To move freely throughout the territory of India.
5. To practice any profession or to carry on any occupation,
trade or business.
Article 20 (Protection in respect of conviction for offenses):
Article 20 says that state can impose reasonable restrictions on
the groups of security of the state, friendly relations with
foreign states, public order, decency, morality, contempt of
court, defamation, etc.

Article 21 deals with Protection of life and personal liberty.

Article 21A states that that state shall provide free and
compulsory education to all children of the age of 6-14 years.

Article 22 deals with protection against arrest and detention in

certain cases.

Right Against Exploitation (Articles 23-24):

Article 23 deals with the prohibition of traffic in human beings

and forced labor.

Article 24 deals with prohibition of employment of children in

factories, etc.
Right to Freedom of Religion (Articles 25-28):

Article 25 deals with freedom of conscience and free

profession, practice, and propagation of religion.

Article 26 deals with freedom to manage religious affairs.

Article 27 deals with freedom as to payment of taxes for

promotion of any particular religion.

Article 28 deals with freedom as to attendance at religious

instructions or religious worship in certain educational
institutions.

Cultural and Educational Rights (Articles 29-30):

Article 29 deals with the protection of language, script, and

culture of minorities.

Article 30 deals with the right of minorities to establish and

administer educational institutions.
Right to Constitutional Remedies (Article 32):

Article 32 deals with the right to move to the supreme court for
the enforcement of Fundamental Rights including the Writs of
(i) Habeas corpus, (ii) Mandamus, (iii) Prohibition, (iv) Certiorari
and (iv) Quo warrantor.

Right to Privacy:

 Right to privacy is an intrinsic part of Article 21 that protects

life and liberty of the citizens.
 The ruling has implications for the government’s vast
biometric ID scheme, covering access to benefits, bank
accounts and payment of taxes.
 Rights groups are concerned personal data could be
misused. The authorities want registration to be compulsory.
IMPORTANT CASES

Champak am DorairajanVsState of Madras 1951

Well before Arjun Singh, this case concerning admissions of

backward classes to educational institutions led B.R. Ambedkar,
then the law minister, to pilot the first-ever amendment to the
Constitution.

K.M. Nanavati VsState of Maharashtra1960

The crime of passion, where Commander Kawas Maneckshaw

Nanavati murdered his wife's lover, marked the end of jury
trials in India when the officer was let off.

GolaknathVsState of Punjab 1967

The Supreme Court made fundamental rights immune from

amendment until Parliament reasserted its authority in 1971 by
amending Articles 13 and 368 of the Constitution.

Madhav JiwajiRao Scindia VsUnion of India1970

The Supreme Court rejected a 1970 presidential order

abolishing titles, privileges and privy purses of India's erstwhile
princely rulers.

Kesavananda BharatiVsState of Kerala1973

In 1971, Parliament empowered itself to amend any part of the

Constitution. However, the Supreme Court laid down that such
amendments could not destroy the 'basic structure' of the
Constitution-fundamental rights are part of the 'basic
structure'.

Minerva MillsVsUnion of India 1980

The Supreme Court again applied the 'basic structure' theory,
saying that social welfare laws could not curb fundamental
rights.

Kehar SinghVsDelhi Administration1984

Kehar Singh was accused of taking part in the murder of Indira
Gandhi. Though the death sentence was upheld by the
Supreme Court, its accuracy has often been questioned.
Importance of human rights:

The importance of the human rights movement is that it tells

people that one cannot call a society a good and a just society
until all its citizens enjoy these human rights. The human rights
laws aims at eliminating unjust discrimination against any
human being.

The concept of Human rights is based on the principle of

human solidarity, cooperation, and development and access of
all to the common heritage of humankind.

The impact and importance of human rights are so deep and

strong that the constitutions of India, Indonesia, Costa Rica and
other countries incorporated many of the provisions of rights
codified in the said Declaration in their respective constitutions.
This may be treated as landmark the history of progress of
civilization.

The Charter of human rights exerts tremendous pressure on all

political authorities. Strong vigilance is noticed throughout
world against the violation of human rights.
 CONCLUSIONS AND SUGGESTIONS

Introduction The promotion and protection of Human

Rights is an International concern. Today, the protection of Human
Rights is generally recognized to be a fundamental aim of the modern
International law. In recent decades almost every International
Organisation, Regional and Global has adopted Human Rights norms
and responded to Human Rights violations by opening avenues of
redress for individuals against oppressive action by member states. This
is because of flagrant and blatant violations of Human Rights by the
people in government and non-governmental sectors. The promotion
and protection of Human Rights needs conducive and enabling
environment, in particular appropriate Regulations, Institutions and
Procedures framing the actions of the state. The Rule of Law is
indispensable for the exercise of the Government in a way that
promotes and protects Human Rights.

Human Rights originate with the birth of the individuals and

are essential for the adequate development of human personality and
their progress and happiness. A number of Declarations, Covenants and
Legislations have been imitated and entered into the National and
International levels for the effective promotion and protection of
Human Rights. However the violation of Human Rights has been
increasing day by day. Hence Human Rights enforcement mechanism
has been established to enforce Human Rights at the national and
International levels. Today, there is a need of strong society based on
the fundamental principles of acceptance of Human Rights both in
theory as well as in practice. States play a very important role in the
promotion and protection of Human Rights. The Philosophy of Human
Rights and Fundamental Freedoms were incorporated in the
Constitution in the Preamble and in the chapters of Fundamental Rights
and Directive Principles of State Policy. The Supreme Court of India and
state High Courts have broad powers under the Constitution to enforce
Fundamental Rights. The establishment of National Human Rights
Commission in India has been 288 quite positive. NHRC had come into
existence as per mandate of the Protection of Human Rights Act, 1993,
to provide better protection in cases of violations of Human Rights.
National Human Rights Commission in India is playing a vital role in
influencing the policy making ad sometimes even policy initiations,
facilitating protection and promotion of Human Rights. NHRC is
providing an excellent mechanism for building public opinion and
strong alliances and partnerships with Non-Governmental
Organisations and other Human Rights activists for influencing the
National agenda on Human Rights. In addition to the NHRC, State
Human Rights Commissions, and Human Rights courts were constituted
for better protection and promotion of Human Rights.

It is the mandatory duty on the part of the state to

implement the Human Rights. Strengthening the justice delivery system
is the foundation for world peace which is achieved through universal
respect for Human Rights. The judiciary has a very significant role in
fulfilling the promises of the Human Rights and Fundamental Freedoms
. The judiciary not only protected the Human Rights given but created a
new positive rights also. Through various techniques like using the new
strategy of Public Interest Litigation, the Supreme Court of India had
given expansive interpretation to the right to life and personal liberty,
protecting prisoners rights, bonded labour abolition, prohibition of
child labour, right to clean environment, and creating a new concept of
compensatory jurisprudence holding executive responsible for avoiding
public duty and requiring transparency in the conduct of public affairs.
All these concerned issues were discussed in detailed in the preceding
chapters of this thesis. In this chapter the fact findings of the study and
suggestions are offered.