Human Rights is derived from the principle of Natural Law. It is not the product of social order and nor the conferred upon the individual by the society. It is the result of recognition by the state but they are logically independent of the legal system for their existence.
Definition- HUMAN RIGHTS are those fundamental and inalienable rights which are essential for life as human being. It is inherent in our nature and without which we cannot live as a human being.
Louis Henkin- HUMAN RIGHTS are rights of individuals in society, which are deemed essential for individual well being, dignity, and fulfillment, and that reflect a common sense of justice, fairness and decency.
Section 2(1)(d) of the protection of HUMAN RIGHTS Act 1993- HUMAN RIGHTS means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India.
Art 55 of UNO Charter-conditions or stability and well being which are necessary for peaceful and friendly relations among nations based on respect for the principle of equal rights and self determination of people.
Philosophy of HUMAN RIGHTS- the philosophy of HUMAN RIGHTS is based on Individual natural rights and social respect which are essential element for the human life, in other word it is- respect for human rights and fundamental freedom.
Directive principles of state policy that are known as human rights.
The framer of Indian Constitution were deeply influenced by the concept of HUMAN RIGHTS. most of the HUMAN RIGHTS which propounded in Universal declaration of HUMAN RIGHTS in Part III ( Civil and political rights), and Part IV (economic, social and cultural rights) of Indian Constitution.
It is also necessary these provision in Indian constitution because India has ratified the two convention on HUMAN RIGHTS –
- International Convention on Civil and Political Rights (1966)
- International Convention on Economic, Social and Cultural rights (1966)
Art 51 of Constitution of India deals an important part regarding the International Law and treaty obligations. But this article does not give any clear guideline regarding the position of international law and municipal law in India.
Article 51 is contained in part IV of Constitution of India, and Art 37 of this part clearly provides that –provision contained in this part shall not be enforceable by any court. This article fall in the chapter of Directive Principle of State Policy which are non justifiable. But in the later part it is to be said that- it is the fundamental in the governance of the country and it shall be the duty of the state to apply these principle in making laws.
The directive principle
- Equal pay for equal work (Art 38).
- Equal justice and free legal aid(Art 39A).
- Equal opportunities of work education of all citizens (Art 41).
- Appropriate laws for the welfare of woman and just and human conditions to all workers (Art 42).
- Free and compulsory education(Art 45).
- Special care the educational and economic interests of the weaker section. (Art46).
- Improvement of stander of living and public health.(Art 47).
- Preserve forest and wild animal and to improve the environment (48A).
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