Author: Sabreen bano, United University Prayagraj
ON THE POINT
Human rights are rights which are inherent to all people by birth, rights regardless of race, sex, nationality, religion, language, or others. This is a fundamental right of all people, if it is violated by anybody then they are liable for violation. Human right includes right to life and liberty, right to free from slavery and torture, freedom to move, freedom to work and education, these are the right which everyone must entitled to take advantage and use all these. in the world there are several of practices which harm and violated the human rights of people on the base of race, caste, sex, religion, etc. there was a several of such moment which shows how vulgarly are fundamental rights are violated in country. Example; genocide, torture, arbitrary arrest, and apartheid.
It is happened when government fail to manage and having discrimination among the common peoples. Human right also include a right to life with dignity. Human rights have evolved many times ago past of centuries, with milestone such as Megna carta which are describe and shaping the human rights.
THE PROOF
Human rights are mentioned in several of treaties and document. After the over view of violation of human rights some countries are decided to make a uniform law which dedicate human rights violation in those country who participate in this law making, that international law is UN CHARTER established in June 26, 1945. It is a treaty which signed in 26 June, 1945 and come into force octuber,24 1945. This law is made for some major purposes, objective and principles and structure. This law is made for maintaining peace, equality, and safety. And promoting the friendly nature among the nation and maintaining the social, culture and financial nature. UN Charter also have many principles; to provide equality of all member of states, fulfill the obligation under the charter. This treaty is made for maintaining the peace and promoting all people towards the equality and for solving the conflict and protect from violation of human rights. UN charter also includes the general assembly, the security council, the economic and social council, the trustee council, the international court of justice, the secretariat. UN charter representatives of 50 countries in united nation conference on international organization in San Francisco.
UDHR it is a legal landmark document outlining fundamental rights and protection in universally, UDHR refer as universal declaration of human rights this document adopted in 1948, by united nation general assembly it is also talk about fundamental rights and freedoms of all human beings. This treaty treats as a foundation of human rights international law and give direction and inspired several of law which made for human rights. UDHR is involve preamble and 30 articles which deals which protection of human rights among the nation and provide punishment for the violation. UDHR have some principle; inherent dignity and rights, equality, and non-discrimination, right to life, liberty and security, freedom from slavery, right to fair trail, freedom of talk, freedom of express, freedom to take education etc.
USE OF LEGAL JARGON
Human rights in international law it is make because in earlier stage there shall be a high number of violations of human fundamental rights. Regarding to this there shall be established the law in international level or in different countries according to their survival and society. But some international law which is create a uniformity in all over the universe. In India there are some laws or some amendment which is given regarding to fundamental rights. In India there shall be a several law and act which protect the humans rights such as protection of human rights in 1993, state human rights commission, national commission for women, national commission for women, national commission for scheduled castes and scheduled tribes. In international law UDHR,ICCPR,CEDAW, CRC,CRPD ETC. In India there shall be a constitution law which provide some article for fundamental rights – article 12 to 35 this article talks only about the public welfare and their rights and duties. Article 14 to 18 talks about the equality among the people on the base of race, caste, sex, religious, article 19 to 22 talks about freedoms, article 23-24 talk against exploitation, article 25-28 talk about freedom of religion, article29-30 says culture and education, article 32 constitutional remedies. This all article is very precious in the field of human rights.
UDHR some article is similar to constitutional law article 1 of udhr and article 14 of constitutional law, article 2 and constitutional article 15 are same, article 19(1)(D) and udhr article 21. And so, on.
ABSTRACT
Human right international law is an international law which is deal with rights of all human in all over the world with social, regional, and domestic level. This is a law is made for prohibited the violation of humans in in the nation this law is made between sovereign states which are agree to there term and condition. This law conducts for public welfare and providing awareness among them. Human rights are inherent by birth to all humans regarding to their race, sex, caste, religion, language, nationality. This is very important because every person have right to live with dignity which they inherent by birth and some religion also give respect to people by there rule and regulation. Like in Hindu and Muslim’s and other religion to.
It is protecting human dignity and equality of every person.HR are foundation of peace and non-discrimination among the society and all over the nation.
CASE LAWS
KESAVANAND BHARTI VS STATE OF KERALA
This case is one of the first case where largest bench was seated, there was 13 judges was seated. In this case kesavanand Bharti was challenged the Kerala land reform act, citing violation of fundamental rights. Kesavanand says this act violate their fundamental rights article 14, 19 and 31. This case not for only any article this is define parliamentary amendment of constitution.
Issue
Whether article 368 granted parliament unlimited authority to amend the constitution?
Supreme court held that the power of judicial review in an integral part of the basic structure of the constitution, and cannot be taken away by parliament through constitutional amendment. The significance of the kesavananda Bharti case lies in the fact that it established the doctrine of basic structure of the Indian constitution. The basic structure doctrine holds that certain fundamental features of the constitution, such as the supremacy of the constitution, the rule of law and the independence of the judiciary, cannot be amended or abrogated by the parliament through a constitutional amendment.
HUSAN ARA KHATOON AND OTHER VS HOME SECRETARY, STATE OF BIHAR (1979)
In this case a writ habeas corpus was filed before the supreme court in which it was inferred that the prisoners are denied of their right to speedy trail guaranteed under COI. It was also stated that prisoners are denied of bail and are detained even after expiration of their detention period in the jails of Patna and Muzaffarpur. The plaintiff, who had been in jail for 4-5 years, remained detained despite a direct government order to release prisoners held under the foreigners act (1946).
Issue involved
That article 21 of Indian constitution of India covers the right to speedy trial?
Can right to free legal aid should be a part of directive principles of state policy?
Supreme court held that in article 21 of Indian constitution is contain right to speedy trail and want a list of prisoners who detail more than there timebound. It was also ordered by the supreme court that the right to free legal aid is a part of directive principles state policy.
MC MEHTA VS UNION OF INDIA (1987)
It is landmark case for gas leak from factory owned by Shriram food and fertilizers industries in Delhi, resulting in death of one person and hospitalization of several others. This gas leak occurring soon after the infamous Bhopal gas leak of 1984. The supreme court of India, taking cognizance of the matter under article 32 of the Indian constitution, heard the petition filed by M.C Mehta a prominent environment lawyer and activist seeking to hold the company liable and establish stricter environment safeguards.
Supreme court held that lead gasoline to India and reducing the industrial pollution fouling the Ganges and eroding the taj mahal.
FAQs
What are human rights?
Human right is right which inherited by birth every one have right to live free and with there own choice. Human right can not be violated of any person, this is a fundamental right of every person like right live with dignity, right to practice any business and work according to there choice, right to move free with freedom, right to speech, right to education etc.
Violation of human rights can lead to a range of punishment, both domestic and international. These can include criminal penalties like imprisonment or fine, as wall as civil remedies such as compensation and fines, as well as civil remedies such as compensation for victims.
