ABSTRACT
Human rights are the core freedoms that every person needs in order to live with dignity. They also support liberty and equal treatment, and they help people to develop in real ways. In India, the Constitution matters a great deal. It sets up rules and bodies that are meant to make these rights real and without those legal steps, the rights would stay only on paper. This article looks at what is human rights and the evolution of human rights. The focus stays on how the constitutional system shaped that growth.
Next, it reviews how Indian law protects human rights under the set of Fundamental Rights found in the Constitution of India. The article also connects these rights to the values found in the Universal Declaration of Human Rights, often called the UDHR. The study then talks about the people and institutions that carry out protection in India. It also examines how enforcement works in practice.
A further section compares India’s Fundamental Rights with the Bill of Rights in the United States and United kingdom . It looks at how they are alike and how they differ. It also reviews the limits of each set and the way courts handle them. By using these constitutional and side by side steps, the article tries to show how human rights changed and why they matter today. It also checks how well constitutional safeguards protect freedom, equality, and human dignity.
KEYWORDS: Human rights, Fundamental rights, Constitution of India, Universal declaration of human Rights, Human Rights commission, Bill of rights.
INTRODUCTION
Human rights are rights and freedoms that belong to every person. This is true no matter where someone comes from, what race they are, what religion they follow, or what gender they identify with. It also does not depend on class or other social labels. They connect to equal treatment, freedom, and fairness in law. Without them, people cannot grow in a full way, and a democratic society cannot work properly. Over time, the idea of human rights took shape through old philosophy, public struggles, Changes in constitutions, and rules made in international law.
The Constitution plays a key role in guarding these rights. It does this by putting limits on how the State can act. It also secures basic freedoms for people. In India, the Constitution lays out a wide system for this, especially through Fundamental Rights in Part III. These rights act as a
shield when the State tries to use power in an arbitrary way. They cover freedom, equal protection under law, and safeguards for life and personal liberty.
The Universal Declaration of Human Rights, or UDHR, was globally adopted in the year 1948. The UDHR set out standards linked to equality, liberty, dignity, schooling, work, and other daily needs. Many countries, including India, took hints from these ideas when shaping their own laws and constitutional systems.
The protection of human rights in India is not only confined to constitutional provisions alone. It also concerns with various Governmental Authorities, Courts, and Human Rights Commissions for ensuring their effective implementation. The judiciary has significantly expanded the scope of Fundamental Rights through Constitutional interpretation and landmark decisions.
OBJECTIVES OF THE STUDY
• To examine the meaning, and evolution of Human Rights.
• To analyse the constitutional and legal protection of Human Rights and its enforcement in India.
• To compare the Fundamental Rights guaranteed under the Constitution of India from the Bill of Rights in U.S. and U.K.
RESEARCH METHODOLOGY
This Article adopts a doctrinal and comparative legal research methodology.
RESEARCH QUESTIONS
1. What is the meaning and significance of Human Rights, and how have they evolved ?
2. How are the Human Rights protected under the Constitution of India and how it is enforced ?
3. How is the Fundamental Rights in the Constitution of India differs from the Bill of Rights in U.S. and U.K ?
WHAT IS HUMAN RIGHTS?
Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.[1]
In accordance with section 2 of the protection of Human rights act, 1993 ‘human rights’ means the rights relating to life, liberty, equality and dignity of the individual guaranteed under the
Constitution or embodied in the International covenants and enforceable by courts in India.[2]
EVOLUTION OF HUMAN RIGHTS
- It starts with early thoughts about fairness and freedom. Over time, these ideas grew into rules found in constitutions and in international agreements. People used different words in the past, and yet the core themes were same. Earlier the societies talked about justice and equality and they also linked liberty with the idea that each person has dignity. Ancient law and early philosophy shaped these views. The Code of Hammurabi is one of the example and philosophical traditions in ancient Greece and India contained ideas concerning justice and duties towards individuals.
- A clear turning point came in 1215 with the Magna Carta, which created the principle that the power of the ruler was subject to the law. Then, in 1689, the English Bill of Rights added more force to protections for personal freedoms. It also limited the governmental authority. In 1776, the American Declaration of Independence pushed the language of liberty and rights. A few decades later, in 1789, the French Declaration of the Rights of Man and of the Citizen built on similar ideas about liberty and equality.
- In the 1900s, things changed in a big way. The United Nations Charter in 1945 placed human rights in the international spotlight. After that, in 1948, the Universal Declaration of Human Rights(UDHR) was adopted. It said certain rights and freedoms belong to all people, not just to one country or certain group of people.
- Later on, more tools were created through treaties. In 1966, states adopted the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). These covenants helped develop wider legal protection for human rights.
- In India, such evolution were reflected in the Constitution of India, 1950, particularly through Fundamental Rights and Directive Principles of State Policy. Further, the Indian judicial system were expanded the scope of these rights through the judicial interpretation, especially under Article 21, which were interpreted to include various aspects of a dignified life.
HUMAN RIGHTS UNDER THE INDIAN CONSTITUTION
On January 26, 1950 the independent Indian Constitution came into force. It is clear that the part III of the Indian Constitution were influenced by the Universal Declaration of Human Rights. India adopted ideas from both the International covenants and the Universal Declaration of Human Rights which is adopted by the Central Assembly of the United Nations.
All Fundamental Rights comes under the concept of Human Rights, but all Human Rights may not fall under this category of the Fundamental Rights. The only difference between these two is Fundamental Rights has legal enforceability in court of law while the Human Rights may or may not.[3]
Fundamental Rights[4] under the Constitution on India
1. Right to Equality (Articles 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 and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)
Directive Principles of State Policy5 under the Constitution of India
1. Socialistic Principles
Article 38: Promote public welfare by securing a social order with justice.
Article 39: Ensure adequate means of livelihood, equal distribution of resources, and equal pay for equal work.
Article 39A: Provide equal justice and free legal aid to the poor.
Article 41: Secure the right to work, education, and public assistance in certain cases.
Article 42: Ensure just and humane conditions of work and maternity relief.
Article 43: Secure a living wage and a decent standard of life for workers.
Article 43A: Take steps to secure worker participation in management.
Article 47: Raise the level of nutrition, standard of living, and public health.
2. Gandhian Principles
Article 40: Organize village panchayats as units of self-government.
Article 43: Promote cottage industries on an individual or cooperative basis.
Article 43B: Promote voluntary formation and democratic control of cooperative societies.
Article 46: Promote educational and economic interests of SCs, STs, and weaker sections.
Article 47: Prohibit the consumption of intoxicating drinks and drugs.
Article 48: Prohibit the slaughter of cows, calves, and other milch cattle.
3. Liberal-Intellectual Principles
Article 44: Secure a Uniform Civil Code for all citizens.
Article 45: Provide early childhood care and education for children below six years.
Article 48: Organize agriculture and animal husbandry on modern, scientific lines.
Article 48A: Protect and improve the environment, forests, and wildlife.
Article 49: Protect monuments, places, and objects of artistic or historic importance.
Article 50: Separate the judiciary from the executive in public services.
Article 51: Promote international peace and security.
GOVERNING AUTHORITY IN INDIA
National Human Rights Commission:
The National Human Rights Commission(NHRC) was established in India on October 12,1993. Its core responsibility is safeguarding rights relating to life, liberty, equality, and dignity in India. Its main function is to actively investigate human rights violation complaints, inspects prisons and detention centers and recommends remedial or legal actions.
State Human Rights Commission:
The State Human Rights Commission was an Indian statutory Body established under the protection of Human Rights Act, 1993. It deals with the same functions as the National Human Rights Commission but the violations under the state list and concurrent list of the seventh schedule.
COMPARISON BETWEEN FUNDAMNETAL RIGHTS IN INDIA WITH BILL OF RIGHTS IN U.S. AND U.K.
|
Aspect |
Bill of Rights in US |
Bill of Rights in UK |
Fundamental Rights in India |
|
Nature & Structure |
Written & entrenched – first 10 amendments to the U.S. Constitution. |
No single codified constitution – rights scattered across statutes, common law, and conventions. HRA 1998 incorporates ECHR. |
Written & entrenched in Part III (Arts. 12– 35) of the Constitution. |
|
Source of Rights |
Based on natural rights & Enlightenment philosophy (Locke, Jefferson). |
Rooted in Magna Carta (1215), Petition of Right (1628) , English Bill of Rights (1689), HRA 1998. |
Borrowed from U.S. Bill of Rights, Irish Constitution (DPSP), & British tradition of rule of law. |
|
Enforcement |
Strong judicial review by U.S. Supreme Court. Laws violating rights can be struck |
Courts cannot strike down Acts of Parliament. Courts may issue declaration |
Supreme Court & High Courts enforce rights through writ jurisdiction (Art. 32 & |
|
down. |
of incompatibility under HRA 1998. |
226). Judicial review is part of the basic structure. |
|
Amendability |
Very rigid – needs 2/3rd Congress + 3/4th states. Rarely amended. |
Very flexible Parliament can amend or repeal rights protections by ordinary law. |
Amendable under Art. 368, but not in a way that destroys the basic structure (Kesavananda Bharati, 1973).[5] |
FINDINGS
1. Constitutional safeguards for rights: India’s Constitution gives strong protection to human rights. This is mainly done through Fundamental Rights, including equality, freedom, life, and personal liberty.
2. Effective judicial rights: The Supreme Court and the High Courts protect rights in practice.
They do this through judicial review and by using remedies under Articles 32 and 226.
3. Links to other countries: India’s Fundamental Rights line up in some ways with the U.S. and the U.K. systems. Still, they are not the same. The legal setup, the reach of the rights, the limits, and how enforcement works can be different.
CONCLUSION
Human rights are the foundation of a free, equal, and dignified society. Their evolution reflects the continuing effort to protect individuals from injustice, discrimination, and arbitrary exercise of power. From early ideas of natural rights to the adoption of the Universal Declaration of Human Rights (UDHR), human rights have developed into universally recognised principles that influence constitutional and legal systems across the world.
In India, the Constitution has played a central role in giving legal and constitutional protection to human rights. The Fundamental Rights guaranteed under Part III of the Constitution protect essential values such as equality, liberty, freedom, and personal dignity. The Constitution also provides effective remedies through the judiciary, particularly under Articles 32 and 226, enabling individuals to approach the courts when their fundamental rights are violated. Institutions such as the National Human Rights Commission and State Human Rights Commissions further contribute to the protection and promotion of human rights.
The comparison with the United States and the United Kingdom demonstrates that although the three systems share common objectives, their constitutional structures and methods of protecting rights differ. The United States has a written Constitution and an entrenched Bill of Rights, while the United Kingdom relies largely on parliamentary sovereignty, statutes, conventions, and judicial interpretation. India adopts a written and detailed Constitution that combines enforceable Fundamental Rights with broader constitutional principles and judicial remedies.
Ultimately, the protection of human rights is a continuous process. The Indian constitutional framework provides strong safeguards for freedom, equality, and human dignity, but their effectiveness depends upon proper implementation and constant vigilance. As society continues to change, the Constitution and its institutions must continue to respond to emerging challenges so that human rights remain meaningful and accessible to every individual.
Reference
[1] “Human Rights”, United Nations, United Nations Organizations. Web . 26 August 2026.
[2] India, The protection of Human Rights Act, 1993, legislative Department, Ministry of law and justice,1993, www.indiacode.nic.in.
[3] Advvinodsahu, Human Rights guaranteed under The Indian Constitution,SCRIBD,web,26 August 2026.
[4] India. The Constitution of India. Ministry of law and justice, 2022. www.legislative.gov.in/constitution-of-India/. 5 India. The Constitution of India. Ministry of law and justice, 2022. www.legislative.gov.in/constitution-of-India/.
[5] Kesavanandha bharati Vs State of Kerala, 1973 Supp. (1) S. C. R.1