Human Rights in the Indian Constitution

Human rights are the basic entitlements inherent to every individual by virtue of being human. They encompass the principles of equality, dignity, freedom and justice. In India, these rights are not merely abstract ideals; they are enshrined in the Constitution and have evolved over centuries through a complex interplay of ancient philosophies, historical developments and modern judicial interpretations. 

Historical Evolution of Human Rights in India

Ancient Age: The Roots of Equality and Dignity

The concept of human rights in India finds its early roots in the ancient Vedic period. The sacred texts and philosophical treatises of that time emphasised equality and collective well-being. The Vedas articulate a notion of equality through verses that declare, “No one is superior or inferior; all should strive for the interest of all and progress collectively.” This early charter of equality laid the foundation for recognising the inherent dignity of every human being.

Philosophers such as Kautilya, in his seminal work Arthashastra, acknowledged the idea of a welfare state by asserting that “the happiness of the state lies in the happiness of its subjects.” 

In addition, the contributions of Buddhism and Jainism further enriched the discourse on human rights by advocating for non-violence, compassion and respect for all forms of life. These early philosophical ideals were crucial in moulding a vision of society where individual rights and collective responsibility were held in tandem.

Medieval Age: Disruption and Revival

The medieval period, particularly under the Mughal era, witnessed both disruption and renewal of human rights. Early Mughal rulers such as Mahmud Ghaznavi, Babur and Sikander introduced policies that were often discriminatory and repressive. 

During these times, certain communities, especially Hindus, found themselves subjected to practices that curtailed their social rights and even enforced religious conversions. The social fabric was, in many respects, fractured by policies that did not recognise the inherent dignity of all citizens.

However, the tide began to turn during the reign of Emperor Akbar. Known for his policy of universal reconciliation and tolerance, Akbar’s administration marked a revival of the human rights discourse. His inclusive policies, along with the influence of movements like the Bhakti and Sufi movements, contributed to an emerging realisation of the need for equality, social justice and religious harmony.

British India: The Struggle for Liberty and Justice

The advent of British rule in India brought with it a new set of challenges. The exploitative colonial policies and harsh treatment of the Indian populace spurred an awakening among Indians regarding their fundamental rights. The colonial period was characterised by a stark denial of freedom, dignity and basic human needs. The punitive measures and systematic suppression under British rule prompted intellectuals and political leaders to demand reforms and greater accountability.

Figures such as Raja Ram Mohan Roy, Ishwar Chandra Vidyasagar and Mahatma Gandhi played pivotal roles in challenging the prevailing social evils such as untouchability, sati and child marriage. Their struggles were not only against colonial exploitation but also against deeply entrenched social practices that denied individuals their basic rights. 

Political organisations, most notably the Indian National Congress, became the vehicles for articulating these demands. Early constitutional bills, such as the Constitution of India Bill (1895) and later the Commonwealth of India Bill (1925), set the stage for a broader recognition of human rights, eventually culminating in the drafting of the Indian Constitution.

Constitutional Provisions for Human Rights

Fundamental Rights in Part III of the Constitution

The framers of the Indian Constitution envisaged a nation where every individual would enjoy a life of dignity, equality and freedom. This vision is clearly reflected in Part III of the Constitution, which enumerates the Fundamental Rights. These rights include:

• Right to Equality: Guaranteeing equal protection under the law and prohibiting discrimination on grounds such as religion, race, caste, sex or place of birth.
• Right to Freedom: Encompassing freedom of speech and expression, assembly, association, movement, residence and the right to practise any profession.
• Right Against Exploitation: Prohibiting human trafficking, forced labour and other forms of exploitation.
• Right to Freedom of Religion: Securing the right to profess, practise, and propagate any religion.
• Cultural and Educational Rights: Protecting the interests of minorities by enabling them to preserve their language, culture and script.
• Right to Constitutional Remedies: Empowering individuals to approach the courts for the enforcement of their Fundamental Rights.

These rights, inspired in part by the Universal Declaration of Human Rights (UDHR) and international covenants such as the International Covenant on Civil and Political Rights (ICCPR), are directly enforceable by the courts. The Constitution not only lists these rights but also provides a robust mechanism for their protection and enforcement. The landmark provision of Article 32, for instance, empowers citizens to seek legal remedies directly from the Supreme Court in case of any violation of their Fundamental Rights.

Directive Principles of State Policy

Complementing the Fundamental Rights are the Directive Principles of State Policy (DPSPs) enshrined in Part IV of the Constitution. While not justiciable, these principles serve as guiding directives for the government in framing laws and policies that aim to secure a decent standard of living for all citizens. The DPSPs cover areas such as social justice, economic welfare, and the promotion of education and public health. They reflect the aspirational goals of the Constitution and highlight the commitment of the state to create an environment where human rights can be effectively realised.

International Influences and the Indian Legal Framework

India’s commitment to human rights has been significantly influenced by international instruments. The Universal Declaration of Human Rights, adopted by the United Nations General Assembly in 1948, laid down the basic rights that are recognised universally. 

Many of these principles have been integrated into the Indian Constitution either directly or by judicial interpretation. India is also a signatory to key international covenants like the ICCPR and the International Covenant on Economic, Social and Cultural Rights (ICESCR). Although these covenants do not automatically become enforceable in Indian law, their principles have guided the interpretation of Fundamental Rights by the courts.

The correspondence between international norms and constitutional provisions can be seen in various areas. For example, the right to life and personal liberty (Article 21) in the Indian Constitution mirrors similar guarantees in the UDHR and ICCPR. Similarly, the provisions on equality, freedom of expression, and protection against exploitation are reflective of international standards. The judicial acknowledgment of these influences is evident in several landmark cases where the Supreme Court has referred to international instruments while interpreting the Constitution.

Judicial Interpretation and Landmark Cases

The Indian judiciary has played a pivotal role in interpreting and expanding the scope of human rights. One of the most significant contributions in this regard is the Kesavananda Bharati v. State of Kerala (1974) case. In this case, the Supreme Court laid down the “Basic Structure Doctrine”, which asserts that the essential features of the Constitution, including Fundamental Rights, cannot be altered or abrogated even by constitutional amendments. This doctrine has since been a cornerstone in the protection of human rights in India.

In contrast, the ADM Jabalpur v. Shivkant Shukla (1976) case, often referred to as the Habeas Corpus case, was a dark chapter in Indian legal history. In that decision, the court held that during times of emergency, even the Fundamental Rights of the citizens could be suspended. However, the subsequent evolution in jurisprudence, particularly through the liberal interpretations in later cases, has restored and even expanded the ambit of human rights.

Landmark Judgements Reinforcing Human Rights

Several judgements have significantly contributed to shaping the human rights landscape in India:

• D.K. Basu v. State of West Bengal (1997): This case addressed the issue of custodial deaths and laid down detailed guidelines for arrest and detention procedures. It underscored the right to life and the prohibition against cruel and inhuman treatment, as enshrined in Article 21 and inspired by international norms.
• People’s Union for Civil Liberties v. Union of India (1997): In a case involving the invasion of privacy through unauthorised telephone tapping, the Supreme Court recognised that freedom of expression is incomplete without the right to privacy. The Court’s interpretation in this matter has been instrumental in establishing privacy as a fundamental aspect of human rights.
• Chairman, Railway Board v. Chandrima Das (2000): This case concerned the violation of human rights in the workplace, particularly sexual violence. The court awarded compensation to the victim, thereby reinforcing the principle that the dignity of the individual must be protected against any form of abuse or exploitation.

These judgements, among others, have not only reinforced the rights already enshrined in the Constitution but have also paved the way for the recognition of new rights. The judiciary’s proactive approach, especially through Public Interest Litigation (PIL), has enabled citizens to seek remedies for violations even when traditional legal avenues might have fallen short.

Institutional Mechanisms: The Protection of Human Rights Act, 1993

Recognising that constitutional and judicial safeguards alone are insufficient to address the complexities of human rights violations, the Government of India enacted the Protection of Human Rights Act, 1993. This legislation was aimed at establishing a comprehensive institutional framework to protect and promote human rights in the country. Under the Act, the National Human Rights Commission (NHRC) was set up, along with State Human Rights Commissions and Human Rights Courts at the district level.

The NHRC is tasked with the responsibility of investigating complaints of human rights violations, recommending remedial measures and monitoring the implementation of various safeguards. However, despite its significant mandate, the commission has faced several challenges. Its functioning is often hampered by its dependence on the government for financial and human resources. Furthermore, the recommendations made by the NHRC are largely advisory in nature, as there is no binding mechanism to enforce them upon the government.

Conclusion

The Indian Constitution stands as a testament to the nation’s commitment to uphold human rights and ensure the dignity of every individual. From its historical roots in ancient texts to the modern-day provisions and judicial interventions, the evolution of human rights in India reflects a continuous endeavour to achieve social justice and equality.

The Fundamental Rights enshrined in Part III of the Constitution, coupled with the Directive Principles of State Policy, provide a comprehensive framework that not only protects individual liberties but also guides the state in its developmental policies. International influences such as the UDHR, ICCPR, and ICESCR have further enriched this framework, ensuring that India’s approach to human rights remains in harmony with global standards.