The Far-Reaching Influence of the UDHR on the Fundamental Rights of the Indian Constitution

Byadmin

INTRODUCTION

Every human is born with some basic rights provided to them by the nature of birth that help them in living their life freely and with dignity. These rights cannot be seized by anyone. We don’t have any specific criteria or definition to deem rights as a human right, therefore, the Indian constitution came up with fundamental rights.
When we deep dive into the origins of our mankind history centuries ago, we find ourselves, since then till now, evolving in multiple ways, making progress in our cultural, religious and even legal dimensions. But this progression comes with the quick violations that depreciate the value of such rights by prioritising on expansion of power and status rather than the lives and dignity of people.
Therefore, India came up with the fundamental rights in its constitution that align with the principles of the United Declaration of Human Rights (UDHR) and provide its citizens basic rights which fulfil a similar purpose to human rights. These rights are enshrined in Part III from Article 12 to 35. This part is also famous as the ‘Magnus Carta of India’.
These rights serve an objective to protect and safeguard the liberty and dignity of people and provide them a decent standard of living. It makes sure that no one is deprived of such rights by the parliament exercising its power in excess. Therefore, Article 13 (2) keeps a watchful eye on those legislations that violate these rights and deem them as null and void.

FORMATION OF UDHR

The United Nations formed an organisation, UNO, in 1945 that works and ensure the rights of the citizens of member nations. After the world wars, it came up the UDHR was established with an objective to maintain global peace and ensure the rights of humans. UDHR was finally adopted on 10th December 1948 by (United Nations General Assembly. These rights are not binding on the member states, but they still hold relevant influence on each member nation’s constitution. They are drafted after taking inspiration from the American and French declarations of rights.
UDHR includes a preamble and human rights articles which are categorised into 4 parts:-

  • General articles covered in Articles 1 and 2.
  • Civil and political rights are covered in Articles 3 to 21.
  • Social, economic and cultural rights covered in Articles 22 to 28, and
  • Concluding provisions covered in Articles 29 and 30.

IMPACT OF UDHR ON INDIAN CONSTITUTION

The Indian constitution is considered as world’s longest written constitution in the world. The constituent assembly finished the draft of this constitution in 1949 after being inspired by multiple constitutions and also by the UDHR for its human rights principles, and came up with fundamental rights as one of its parts that guaranteed the citizens’ basic human rights. India was a part of the UDHR as a member nation since 1st January 1942 and drafted the principles of the UDHR.
If we take a deeper look, we can find some similar provisions between the Indian Constitution and the UDHR that showcase the inspiration of India from the UDHR. For instance, the civil and political rights of the UDHR are similar to those of fundamental rights in India. The social, economic and cultural rights of UDHR are similar to those of DPSPs in India, enshrined in part IV.

INTERPRETATIONS OF JUDICIARY THROUGH CASE LAWS

The Supreme Court has referred to human rights in various cases and instances in its judgments, mostly to address the violations of human rights like for instance, referring to the inhumane treatment of prisoners.

  • In Prem Shankar vs Delhi administration, the court held that Article 5 of UDHR must always be referred to and cannot be forgotten. It says that no one shall be treated with cruelty or inhumane conditions or punishment, or through any provision of statute.
  • In Keshwananda Bharti vs State of Kerala (1973), the Supreme Court held that even though UDHR does not have a binding nature but its declaration should be a point of reference for India to understand human rights and incorporate them in statutory provisions and interpretations.
  • In Maneka Gandhi vs. Union of India, the Supreme Court held that with the help of international human rights, the scope of Article 21 was expanded for another purview of interpretation for the term personal liberty and a different approach was adopted in fundamental rights. The human rights also helped in adding other rights in our constitution, like privacy right.

VIOLATION OF HUMAN RIGHTS INSTANCES

Recent violations came out in the findings, where human rights are compromised in different forms in countries. One such violation is where religious minorities were attacked and were restricted in freedom of speech by groups claiming the back of the BJP party. In another scenario, 90 people and hundreds of other people were injured in Jammu & Kashmir.
There were violations reported wherein security forces in the state of Chhattisgarh were found to be engaged in sexual assaults and violence. In 2016, sedition charges were framed against students for their opposing remarks on the government.
NGO are constrained by limited policies on the foreign funding regulations of India. Women and Dalits were attacked and were accused of dealing with cows, killing cows and selling cows for beef.

MIRRORED PROVISIONS IN FUNDAMENTAL RIGHTS AND UDHR

On comparing the fundamental rights of India and the articles of UDHR, we find there are many provisions identical to each other, which are further discussed-

  • In the Indian constitution, under Article 14, everyone is equal before the law and enjoys equal protection within the territory of India. Similarly, Article 7 of UDHR ensures equality to all in front of the law and equal protection to everyone before the law without any discrimination and demotivates any kind of incitement to such discrimination that can lead to a violation of equal rights.
  • In the Indian constitution, Article 15 (1) ensures no discrimination shall be done based on their caste, religion, colour, birthplace or sex. Similarly, Article 2 para 1 of UDHR ensures no discrimination is made on similar grounds in addition to status, property, and religious, political or national opinion.
  • In the Indian constitution, Article 16 (1) provides everyone with equal opportunity to employment or appointment in state offices. Similarly, Article 21 (2) of UDHR provides equality to everyone in accessing public services.
  • In the Indian constitution, article 20 (1) ensures no person is convicted for any act which is not punishable in law at the time of its commission, and should not be punished with more punishment than has to be imposed by law. Similarly, Article 11 (2) of UDHR ensures no one is guilty of an act which is not a penal offence and not imposed with greater punishment than should be imposed.
  • In the Indian constitution, Article 21 provides personal liberty and right to life to everyone, which can be curtailed in a procedure established by law. Similarly, Article 3 and 9 ensure liberty to life and security to everyone and no one is arbitrarily arrested, exiled or detained respectively.
  • In the Indian constitution, Article 23 (1) puts a prohibition on trafficking and begging of human beings. Any violation of the right would result in punishment in prison or fines. Similarly, Article 4 of UDHR prohibits slavery, trafficking and slavery of all sorts.
  • In the Indian Constitution, Article 25 (1) provides everyone with freedom to profess, practise and propagate religion of their choice, but it should be under public order, health and morality. Similarly, Article 18 of UDHR ensures everyone can have freedom of religion, conscience and thought. They can freely choose their religion, manifest their beliefs, worship, observe and practise either alone or in community, privately or publicly.
  • In the Indian Constitution, Article 32 of the Constitution ensures all rights are enforced and provides remedies to those whose rights are violated, and the court enforces their rights through appropriate actions and proceedings. Similarly, Article 8 of UDHR ensures everyone can resort to remedies by a competent authority for violation of their granted rights.

CONCLUSION

UDHR is a declaration of human rights that ensures everyone enjoys the rights they are granted by nature since their birth. These are essential for their development and in making this world a peaceful place of cohabitation. Before enforcing the constitution, India was inspired by UDHR principles and laid down fundamental rights that provide justice and liberty to everyone. It is committed to its responsibility of upholding the international principles. Even after such rights and protection, multiple instances have come forward where violations are taking place to a great extent. In order to bring these sufferings to an end, we need to play an individual part where we take up this responsibility on our shoulders as well, instead of solely relying on institutions and bodies to eradicate the violations. We should respect the rights of others and make this world a better place.

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