Author: Khushi, IPEM Law Academy
To The Point
Human right regulation in India, In India (protection of human rights act 1993) this act defines human rights, and its comprises 43 sections. DR.B.R. Ambedkar is referred to as the father of human rights in India. United Nation organ general Assembly created human rights on 10 dec 1948. In India NHRC (National human rights commission India) and UDHR (Universal Declaration of human right), Human rights can only be realized through an informed and continued by the people. Individuals are responsible for their protection. The human rights concerning about life, liberty, equality and dignity of the individual guaranteed in the constitution as expressed in the international covenants and enforceable by courts in India.
Abstract – Human rights scenario in Present .Human Rights is not a fundamental right, it is based on many rights social, cultural, Economically and also fundamental right also equivalent to the human right. Human right is given by birth. Its important thing to develop our human brainery to use of human right is only Act, Not in the constitution of India parts. Regulations of human rights is also regulate by the humans rights like right to life, right to breathe, right to food and many rights has human right. Human rights are intrinsic to all Individuals, regardless of race, sex, nationality, language, Religion or any other Status. very commissions are mention in a research article, along with sight on human rights regulation in India. In India there is a great respect for our human rights as they are inherent and inalienable, meaning we cannot transfer those rights to another Individual human rights are crucial for fostering a society where individuals can coexists with dignity and freedom.
Use of legal jargon
In the Human Rights use of legal form, On International Level UDHR (Universal Declaration of Human Rights), ICCPR (International Covenant on civil and Political rights), ICESCR (International covenant on Economic, social, cultural rights), UNHRC (United Nations human rights Council) and On national Level NHRC (National Human rights Commission), NCW (National commission for Women), NCPCR (National Commission for Protection of child Rights) are many Commissions or covenant in the human rights to clarify the Concept of Human Rights or their legal Personality in the International or National Level.
These Concepts give power to the Human Rights and Strength about All the human Rights so; In the Number of Human Rights is 30.
All the Rights are related to life, liberty, Equality, Dignity, Education, Thought, Culture, etc.
The Proof
International level of Human rights are very Important because Decision of Human rights are taken under the International level as UDHR, International Covenants etc. Human rights are protect individually right of the person. UDHR adopted in 1948 to formally define and human rights serve as a human rights Law.
Other’s Highlight Human rights are Born free with dignity and rights, Equality before law and Equal protection of law, No exile or arbitrary arrest and detention, Right to seek, Right to Nationality, Right to Freedom of thought, Right to education, Right to freely participate in the cultural life, Right to peaceful assembly and association.
In the National level of human rights are also important but Less than International level NHRC primarily Commission (National Human Rights Commission) and Human Rights Act, 1993 and NCPCR (National Commission for Protection of child rights), NCW (National commission for women, 1992).
Case Laws
Kesavananda Bharati V. State of Kerala (1973)
This case established in the Landmark Case “basic Structure doctrine” which limits the power of parliament to amend the constitution in a way that destroy its fundamental features, including human rights.
Maneka Gandhi V. Union of India (1978)
The supeme court Expanded the scope of article 21 guaranteed right to life and personal liberty, also include right to live with dignity and freedom.
Vishakha and others V. State of Rajasthan (1997)
This case addresses sexual harassment at the workplace and establishes guidelines for addressing such problem and recognizing it as a violation of fundamental rights.
Habeas corpus cases-:
Jabalpur V. Shivkant Shukla (1976)
Supreme Court has played a vital role in protecting individual liberty through habeas corpus, especially during emergencies.
D.K.Basu V. State of West Bengal (1997)
This case addresses custodial torture and police excesses, lights on Importance of protecting individuals form abuse while in police custody.
Conclusion
Human rights are Inalienable and Universal in the Nature. Both International and National level are essential part of human rights and its Important Know of their Commissions and Acts because they are the piller of human right and in the article case laws are involved to describe the Importance on Judiciary level of human rights , human right will not denied because it’s a part of life.
Human Rights are Universal for all human being has own right but human rights are not in constitution for gave to authority and security of the right are Assigned Commissions and separate Act (protection of human rights 1993) this is the way to connect our human rights. our society has grow but that growing are not that type of present time because Now it’s time to acknowledge our rights and step up with rights and this Article also review our human rights and awareness in the society.
FAQS
What are human rights?
Human rights are Universal and Inalienable and Specific rights are born free with dignity, Inherent to all human being, regardless of race, sex, Nationality, Ethnicity, language, religion or any other status, they are not Granted by any state or authority but they are essential for living life of dignity include right to life, Liberty, freedom from slavery and torture, freedom of opinion or expression, right to work and education.
What are functions of NHRC?
(Legal Proceedings) Intervene in the Human rights Proceedings in the court may be pending before the court.
(Instrument of policy) NHRC can review and make recommendation in constitutional and legal safeguards in the human rights.
(Promote Research and Publication) Human rights related research and publication NHRC etc.
