Human Rights under Indian Constitution

Author: Swapan Deb Barma

Today human rights are central to the discourse of International Public Policy and Scholarship. And the mechanisms have evolved dramatically since the signing of the Universal Declaration of Human Rights (UDHR) on 10 December 1948. Human Rights do not exist in a vacuum, inevitably, they are formulated by individuals and state and they are implemented by states themselves. However, a number of national, regional and international bodies exercise responsibility for overseeing the monitoring of human rights and ensuring that states comply with obligation.

The Constitution of India was drafted by the Constituent Assembly on 9th December, 1946 and after long discussions and debates by the foremost legal luminaries and thinkers of our country the draft Constitution was finally adopted on 26th November, 1949. The framers of the Indian Constitution were influenced by the concept of human rights and guaranteed most of human rights contained in the UDHR. The UDHR contains Civil and Political as well as Economic Social and Cultural rights. While Civil and Political rights has been incorporated in Part III of Indian Constitution i.e. Fundamental Rights, as Economic Social and Cultural rights have been incorporated in Part IV of the Constitution i.e. Directive Principles of States Policy. The inclusion of important provisions of UDHR in the Constitution of India has given them supremacy over all other statutory provisions. Continue reading “Human Rights under Indian Constitution”