HR Lecture 1

Human Rights in India: An Overview

Introduction to Human Rights Course

• The discussion begins with an introduction to the topic of Human Rights, highlighting its relevance in the current semester as "Human Rights 2," building on concepts from "Human Rights 1."

• The need for such courses is emphasized by the UGC (University Grants Commission), aiming to ensure that citizens understand their rights and duties.

Importance of Understanding Human Rights

• The educational sector recognizes the necessity for individuals to be aware of their basic rights and responsibilities towards society.

• This course is mandatory for all postgraduate students across various disciplines, indicating its significance in higher education.

Focus Areas of Discussion

• Today's discussion will cover human rights and duties within the Indian context, including laws, policies, societal nature, and implementation mechanisms.

• The session will specifically address three main points: an introduction to human rights, the Indian Bill of Rights, and fundamental duties.

Historical Context of Human Rights in India

• Human rights are described as essential for every citizen; although recognized historically, awareness has grown significantly over time.

• Fundamental rights are enshrined in Part III of the Indian Constitution (Articles 12–35), which outlines six key fundamental rights available to citizens.

Evolution of Fundamental Rights

• Initially, there were seven fundamental rights at India's independence; however, one right—the right to property—has been reclassified as a legal right rather than a fundamental right.

• The concept of a Bill of Rights originated from the U.S., where it was established that certain basic freedoms must be guaranteed by the state.

Influence of Freedom Fighters on Indian Bill of Rights

• Influential figures like Motilal Nehru and Sardar Patel advocated for these rights during India's freedom struggle against British colonial rule.

• The movement led by these leaders aimed at achieving complete independence (Purna Swaraj), emphasizing democracy's importance through various reports like the Nehru Report.

Conclusion on Democratic Ideals

• The essence of democracy was propagated by freedom fighters who believed that all governmental powers should derive from the people.

Understanding Fundamental Rights in the Indian Constitution

The Concept of Democracy and Individual Liberty

• The belief in democracy emphasizes that no individual should be deprived of liberty or property without due process, as enshrined in the law.

• Article 21 guarantees the right to life and personal liberty, while Article 19 ensures freedom of expression among other rights included in the Indian Constitution.

Rights to Freedom and Expression

• Articles 19 to 25 outline various rights including freedom of conscience, religion, and peaceful assembly; these rights are guaranteed under public order and morality.

• Article 19 protects citizens' rights to gather peacefully for discussions or protests, provided they do so without arms or violence.

Right to Education and Equality Before Law

• A clause added to Article 21 confers the right to education for children aged 6 to 14 years, ensuring access to education for all.

• Article 14 establishes equality before the law for all citizens, mandating equal treatment in justice delivery regardless of status.

Prohibition Against Discriminatory Laws

• Article 20 prohibits retroactive punishment; individuals cannot be punished for acts that were not illegal at the time they were committed.

• Citizens have a right to habeas corpus which can only be suspended during war or rebellion with proper legislative reporting.

Secularism and Religious Freedom

• India is defined as a secular state where all religions receive equal treatment under the law; no state religion is established.

• Articles 25 to 28 protect minority religious rights by prohibiting compulsory religious instruction in schools funded by public money.

Equal Access and Labor Rights

• No citizen shall face discrimination based on religion or caste regarding public employment or access to public resources.

• Citizens are guaranteed freedom of association aimed at improving labor conditions; any agreements restricting this freedom are deemed illegal.