Protection and Enforcement of Human Rights Constitutional Provision

Human rights are basic, inalienable freedoms such as life, liberty, equality, dignity and security recognized globally in the Universal Declaration of Human Rights (UDHR) . They are universal and interdependent ensuring justice and fairness for all .

The protection of human rights in India is carried out through the Constitution, the Protection of Human Rights Act, 1993, international treaties, and bodies like the NHRC and State Commissions. The enforcement of human rights in India is also strengthened by the judiciary, which has expanded their scope through landmark rulings.

The evolution of human rights in India reflects a journey from ancient traditions and freedom struggles to constitutional guarantees and global commitments making the study of human rights in India vital for understanding democracy and dignity.

Protection of Human Rights Act, 1993

The Protection of Human Rights Act, 1993 (PHRA) is the backbone of institutional human rights protection in India . It was enacted to strengthen India’s commitment to the UN’s Paris Principles of 1991 which encouraged states to establish national human rights institutions.

Objectives of the Act

Before diving into its provisions, it is necessary to understand the broad objectives:

• Establishment of National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs).
• Creation of Human Rights Courts in districts.
• Investigation and inquiry into violations by public authorities.
• Spreading awareness and education about human rights.
• Reviewing existing laws and recommending reforms.

Key Provisions

The PHRA contains several strong provisions:

• Definition of Human Rights: Rights relating to life, liberty, equality, and dignity guaranteed by the Constitution and international covenants.
• National Human Rights Commission (NHRC): Composed of a Chairperson (former Chief Justice of India), other judges, and experts from various fields.
• State Human Rights Commissions (SHRCs): Similar structure at the state level, focusing on regional violations.
• Human Rights Courts: Established at the district level for speedy disposal of cases.
• Wide Powers: Commissions can summon witnesses, demand reports, and recommend relief for victims.

Importance

The Act was a milestone in the enforcement of human rights in India, because it provided citizens with an independent body outside the executive to seek redressal. Though its recommendations are not binding, they carry moral and political weight.

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Evolution of Human Rights

The evolution of human rights in India has a long history, deeply influenced by cultural traditions, colonial rule and international developments .

Ancient and Medieval Traditions

Indian philosophical texts like the Rigveda, Arthashastra and Manusmriti emphasized justice, equality and duties . The Mauryan emperor Ashoka promoted compassion, tolerance and non-violence . Though caste and hierarchy restricted rights, the idea of social justice remained embedded in Indian thought .

Colonial Period and Freedom Struggle

During British rule, exploitation and racial discrimination highlighted the need for rights . The Indian National Congress from the late 19th century demanded civil rights, freedom of speech and equality . Mahatma Gandhi’s philosophy of non-violence and human dignity shaped the Indian struggle . Leaders like Nehru and Ambedkar insisted on including fundamental rights in the Constitution .

Post-Independence and Global Influence

After independence in 1947, the Constitution of India, 1950 became the cornerstone of rights . Internationally, the adoption of the Universal Declaration of Human Rights (1948) influenced India’s drafting committee . Over time, the judiciary expanded the scope of rights through landmark cases such as :

• Kesavananda Bharati (1973) : Basic structure doctrine .
• Maneka Gandhi v. Union of India (1978) : Expanded right to life and liberty .
• Vishaka v. State of Rajasthan (1997) : Protection against sexual harassment at workplace .

Thus, the evolution of human rights in India reflects a blend of tradition, struggle and global developments .

Human Rights in India PDF Download

Students can download ready-to-use notes on human rights in India for quick revision before exams . The PDF is designed in simple language for fast learning . It contains :

• Overview of the evolution of human rights in India
• Key features of the Protection of Human Rights Act, 1993
• Role of the Constitution and judiciary in rights protection
• Detailed section on enforcement of human rights in India
• Important landmark cases and challenges with easy explanations

Download Protection and Enforcement of Human Rights in India PDF

Characteristics of Human Rights

Human rights have unique qualities that highlight their importance and shape the protection and enforcement of human rights in India:

Universality

These rights apply to all individuals without exception. No matter a person’s nationality, gender, ethnicity, religion, or any other status, everyone is entitled to human rights simply by being human. This principle is clearly expressed in the Universal Declaration of Human Rights and guides the protection and enforcement of human rights in India.

Inalienability

Human rights cannot be taken away arbitrarily. They may only be limited under lawful circumstances, such as restricting liberty after a fair trial. However, core rights—like the right to life and freedom from torture—remain absolute and must be upheld in all situations.

Indivisibility and Interdependence

Human rights include civil, political, economic, social and cultural rights, all of which are equally vital . The realization of one often depends on others-for example, the right to health is closely linked to education and access to information . Recognizing this interdependence is essential to the effective protection and enforcement of human rights in India .

Principles of Human Rights

The core principles of human rights-interdependence, indivisibility and inalienability are central to international standards and guide the protection and enforcement of human rights in India.

Interdependence of Human Rights

All rights are linked and mutually supportive. The enjoyment of one right often relies on the fulfillment of others. For example right to life cannot be fully realized without access to health care, education and decent standard of living. This interconnected nature shows why a comprehensive approach is necessary for the effective protection and enforcement of human rights in India.

Indivisibility of Human Rights

Human rights form a single, unified framework that must be respected in its entirety . There is no hierarchy that allows some rights to be upheld while others are ignored . Civil, political, economic, social and cultural rights are equally essential to human dignity and freedom . This principle reinforces that selective application undermines genuine commitment to human rights .

Inalienability of Human Rights

These rights are inherent to every individual simply by being human. They are not conferred by State or any institution and cannot be lawfully taken away. The inalienability of rights acts as an important safeguard against discrimination and abuse. It ensures that protection and enforcement of human rights in India remains rooted in respect of inherent dignity for every person.

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Human Rights in India

India, as the world’s largest democracy, places great importance on the protection and enforcement of human rights in India. The Constitution reflects this commitment by incorporating most rights outlined in the Universal Declaration of Human Rights. Part III provides fundamental civil and political rights such as equality, freedom and protection against exploitation whereas Part IV outlines economic, social and cultural rights through the Directive Principles of State Policy. Together these provisions obligate the government to create conditions that uphold individual dignity and ensure every citizen can fully enjoy their human rights.

Pre-Independence Efforts

During the medieval period the arrival of Muslim rulers led to setbacks in human rights due to discriminatory policies against Hindus . Earlier Emperor Ashoka promoted values like non-violence, respect for elders and ethical governance reflecting an early rights-based perspective . Later the Indian National Congress championed fundamental rights during the freedom movement with initiatives such as the 1895 Document, 1918 demands and Delhi Declaration highlighting civil, political and economic rights .

Post-Independence Developments: Human Rights in India

The Constitution of India, 1950 laid the foundation for the protection and enforcement of human rights in India . While it does not expressly define “human rights,” its provisions fully embody their principles . The Preamble guarantees justice, liberty, equality and fraternity as the basis of dignity for every individual . Fundamental Rights under Articles 14–32 ensure equality before law, abolish untouchability, protect freedoms of speech, assembly and profession and safeguard life and liberty with due process . They also prohibit trafficking, forced labour and child labour, guarantee religious freedom and secure cultural and educational rights of minorities . Together, these constitutional provisions became the backbone of the evolution of human rights in India, reflecting both democratic ideals and India’s commitment to universal rights .

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Role of Judiciary

The judiciary has been an important instrument in protection and enforcement of human rights in India. Simply having rights in the Constitution is not enough; courts ensure these rights are effectively upheld. Under Articles 32 and 226 individuals can approach the Supreme Court or High Courts for redress when their rights are violated. Courts have broad powers to issue writs like habeas corpus and mandamus to enforce rights.

Through progressive interpretation, the judiciary has expanded the scope of rights beyond what is explicitly stated . In Maneka Gandhi v. Union of India, the Supreme Court broadened the right to life to include living with dignity . Public Interest Litigation (PIL) has become a key tool for protecting vulnerable groups who cannot access justice themselves . Cases like Bandhua Mukti Morcha and Vishaka vs State of Rajasthan illustrate how courts have defended rights of workers, women and children ensuring safety, equality and fair treatment .

The judiciary has also safeguarded prisoners’ rights, banning practices like handcuffing without due process (D.K. Basu v. State of West Bengal) and upheld the right to humane conditions. Overall the courts play an important role in strengthening the protection and enforcement of human rights in India, adapting the law to meet evolving social needs.

Constitution of India, 1950 and Human Rights in India

The Constitution of India, 1950 is the primary source of human rights in India. It integrates civil, political, economic, social, and cultural rights.

Fundamental Rights

Part III of the Constitution guarantees justiciable rights :

• Right to Equality (Articles 14–18) : Prohibits discrimination and ensures equal protection of law .
• Right to Freedom (Articles 19–22) : Covers freedom of speech, movement, profession, and protection in criminal cases .
  Right against Exploitation (Articles 23–24) : Prohibits forced labour and child labour .
• Right to Freedom of Religion (Articles 25–28) : Secures secularism and religious liberty .
• Cultural and Educational Rights (Articles 29–30): Protects interests of minorities.
• Right to Constitutional Remedies (Article 32): Enforces rights through courts, described by Ambedkar as the “heart and soul” of the Constitution.

Directive Principles of State Policy (DPSPs)

Part IV of the Constitution includes non-justiciable principles aimed at social and economic justice, such as equal pay, health and education . Though not enforceable in court, they guide governance .

Fundamental Duties

Inserted by the 42nd Amendment (1976), these duties remind citizens to respect human rights of others, maintain harmony and protect public property.

Judicial Activism

Courts in India have expanded rights through liberal interpretation. For example:

• Right to education as a part of Article 21.
• Right to clean environment under right to life.
• Right to privacy recognized in Puttaswamy Case (2017).

Thus, the enforcement of human rights in India is not only through the Constitution but also by active judicial interpretation.

Enforcement of Human Rights in India

The enforcement of human rights in India is ensured through a multi-layered system of constitutional remedies, statutory commissions, judiciary and civil society .

1 . Judiciary as Guardian of Rights

• Supreme Court and High Courts enforce rights through writs like habeas corpus, mandamus, certiorari, prohibition and quo warranto .
• The tool of Public Interest Litigation (PIL) has empowered citizens to raise issues collectively .
• Judicial activism has led to recognition of rights not explicitly written in the Constitution such as right to privacy, livelihood and education .

2. National Human Rights Commission (NHRC)

Established under the PHRA, 1993, NHRC has been pivotal in promoting accountability .

• Functions : Investigates custodial deaths, extrajudicial killings, bonded labour and discrimination .
• Powers: Summons officials, demands reports, inspects prisons, recommends relief, and advises on law reform.
• Impact: Though its recommendations are not binding, many states comply due to political pressure and media attention.

3. State Human Rights Commissions (SHRCs)

• Work at the state level to address local violations .
• Focus on issues like police brutality, caste discrimination and women’s safety .
• Bridge the gap between central institutions and citizens .

4. Human Rights Courts

• Created under the PHRA in each district .
• Aim for speedy disposal of human rights cases .
• Help reduce pendency and improve access to justice .

5. Civil Society, Media and NGOs

• NGOs and activists play a vital role in mobilizing awareness and assisting victims .
• Media acts as a watchdog by reporting violations and putting pressure on authorities .
• Social movements like women’s rights, Dalit rights and environmental activism strengthen enforcement .

6. International Influence

• India is a signatory to major international covenants like ICCPR and ICESCR .
• Periodic reviews by UN bodies encourage compliance.

Together, these mechanisms make the enforcement of human rights in India a collaborative effort between the state, judiciary, commissions, and citizens.

Challenges in Enforcement of Human Rights in India

Even though India has a strong constitutional and legal framework, the enforcement of human rights in India continues to face several hurdles. These challenges arise due to institutional weaknesses, social inequalities, and gaps in awareness. Before discussing individual issues, it is important to note that most violations occur because of the imbalance between state power and citizens’ protections. Courts, commissions, and civil society often try to bridge this gap, but problems persist.

• Custodial Violence and Police Excesses
  Custodial deaths, torture, and fake encounters remain one of the biggest obstacles in ensuring human rights in India. Despite NHRC guidelines, accountability is often weak, and victims’ families struggle to get justice.
   

• Delay in Justice Delivery
  Courts in India are overburdened with cases which delays trials related to human rights . This not only reduces public faith in justice but also weakens the enforcement of human rights in India .
   

• Non-Binding Nature of NHRC Recommendations
  The National Human Rights Commission plays a crucial role but its recommendations are advisory and not legally binding . Many times, governments ignore or delay compliance .
   

• Lack of Awareness Among Citizens
  The evolution of human rights in India shows progress in law and policy, but rural and marginalized communities remain unaware of their rights . This leads to exploitation and under-reporting of violations .
   

• Gender Inequality and Social Discrimination
  Violence against women, caste-based atrocities, and discrimination against minorities are persistent problems . These issues highlight the gap between constitutional ideals and ground realities of human rights in India .
   

• Political Misuse of Human Rights
  At times, political actors misuse the language of rights for selective agendas, weakening their universal character . This leads to mistrust in institutions meant to protect human rights .

These challenges show that while legal safeguards exist, actual protection requires stronger accountability, awareness, and institutional reforms.

Landmark Cases on Human Rights in India

Judicial interpretation has played the most important role in shaping the evolution of human rights in India. Courts have expanded the meaning of rights, filled legislative gaps, and laid down important precedents. Before listing the landmark cases, it is useful to remember that Indian courts have followed a progressive approach, often invoking international conventions to strengthen the enforcement of human rights in India .

• ADM Jabalpur v. Shivkant Shukla (1976)
  Popularly known as the Habeas Corpus case, it upheld suspension of Article 21 during Emergency . Later criticized this case marked a dark phase in human rights in India .
   

• Maneka Gandhi v. Union of India (1978)
  This case expanded Article 21, holding that the right to life and liberty cannot be curtailed without fair, just and reasonable procedure . It revolutionized the enforcement of human rights in India .
   

• Vishaka v. State of Rajasthan (1997)
  The Supreme Court laid down guidelines to protect women from workplace harassment linking gender justice with dignity . This was a landmark step in the evolution of human rights in India .
   

• People’s Union for Civil Liberties v. Union of India (2001–2003)
  The court recognized the right to food as part of Article 21 directing states to implement mid-day meals and food security schemes . It strengthened socio-economic rights under human rights in India .
   

• Navtej Singh Johar v. Union of India (2018)
  This case decriminalized homosexuality recognizing dignity and equality for the LGBTQ+ community . It showcased how courts actively contribute to the evolution of human rights in India .
   

• Justice K.S. Puttaswamy v. Union of India (2017)
  The Supreme Court declared privacy a fundamental right under Article 21 expanding the scope of liberty and personal dignity . It was a turning point for the enforcement of human rights in India .

These cases highlight how the judiciary has been central in bridging the gap between constitutional text and lived realities ensuring continuous progress in the evolution of human rights in India .

Conclusion

The story of human rights in India reflects centuries of moral struggle, colonial exploitation and post-independence legal reforms . From Ashoka’s edicts to the Constitution of 1950 and from the PHRA of 1993 to judicial activism today, India has built a robust framework .

Still, the enforcement of human rights in India faces serious challenges like custodial violence, inequality, and weak compliance. The evolution of human rights in India is ongoing and demands stronger institutions, more awareness, and stricter accountability.

For UPSC aspirants, law students, and policymakers, understanding human rights is crucial to appreciate how India balances state authority with individual dignity in a democracy.

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