Human Rights and Fundamental Rights
Human rights are standards that recognize and protect the dignity of all human beings. Human rights govern how individual human beings live in society and with each other, as well as their relationship with the State and the obligations that the State have towards them.
Human rights law obliges governments to do some things and prevents them from doing others. Individuals also have responsibilities: in using their human rights, they must respect the rights of others. No government, group or individual person has the right to do anything that violates another’s rights.
All human rights are universal, indivisible and interdependent and interrelated. The international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis. — Vienna Declaration and Programme of Action, World Conference on Human Rights, 1993
In the Universal Declaration of Human Rights charter, the United Nations describes human rights as the “rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.”
The human rights have many rights regarding to civil, political, social, economic and cultural rights. These rights are interrelated to each other. They are common for all human beings in the earth and they are regardless of Sex, Family, Creed, Colour, Language, Religions, National, States, Race, Ethnicity, Varnas, Castes, Place and etc.
The Human rights concept is based on the basic principle of the human solidarity, Non-violence, cooperation, and the mutual respect to the rights of each other and their development. These are the heritage for all the human beings in the India.
Human rights differ from other rights in two respects.
Firstly, they are characterized by being:
1. Inherent in all human beings by virtue of their humanity alone (they do not have, e.g., to be purchased or to be granted);
2. Inalienable (within qualified legal boundaries); and
3. Equally applicable to all. Secondly, the main duties deriving from human rights fall on states and their authorities or agents, not on individuals.
Human Rights Day is marked every year by celebrating the anniversary of the Universal Declaration on 10 December.
Human Rights under the Indian Constitution
The Human rights which are classified under the Indian constitution are as follows:
- The right to equality and freedom from discrimination.
- The right to life, liberty, and personal security.
- Freedom from torture and degrading treatment.
- The right to equality before the law.
- The right to a fair trial.
- The right to privacy.
- Freedom of belief and religion.
- Freedom of opinion.
- Right of peaceful assembly and association.
- The right to participate in government.
- The right to social security.
- The right to work.
- The right to an adequate standard of living.
- The right to education.
- The right to health.
- The right to food and housing.
Fundamental rights are those rights that are provided by some countries to their citizens to enjoy. These rights have a legal sanction. These rights can also be challenged in a court of law. Fundamental rights are equal to human rights but there is a small line of difference between both fundamental rights and human rights. The basic difference is that the fundamental rights have legal sanctity and they can be challenged in a court of law in case of violation but human rights are not recognized by the law so they can’t be challenged in a court of law. The basic human rights enshrined in the Constitution of India, which are granted to all people, are fundamental rights. They are enforced on the grounds of ethnicity, faith, gender, etc. without prejudice. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.
These rights are called fundamental rights because of two reasons:
- They are enshrined in the Constitution.
- They are justifiable. They are enforceable by courts. An individual may approach a court of law in the event of a breach.
The constituent assembly of India adopted the constitution of India on 26th November 1949, which came into effect on 26th January 1950. It contains 395 Articles, 22 Parts, and 12 Schedules. Part III (Articles 12 to 35) of the Constitution of India consists of Rights which are essential for the overall development of individuals, are also termed as Fundamental Rights. Fundamental Rights are universal, that is, they apply to all the citizens of India irrespective of their race, birthplace, Religion, caste, gender or gender identity. Earlier there were seven Fundamental Rights, but later on the ‘Right to Property’ was abolished. Currently, we have six Fundamental Rights.
The following fundamental rights are listed out in the Indian constitution.
- Right to Equality
- Right to freedom
- Right against Exploitation
- Right to Freedom of Religion
- Cultural and Educational Rights
- Right to Constitutional Remedies
Right to Equality
The Right to Equality is guaranteed by the constitution of India through articles 14 to 18 (of which article 14 is the most important). Right to Equality refers to everyone being equal in the eyes of the law. It prohibits discrimination on the grounds of race, caste, creed etc by providing equal opportunity for employment. The article also abolishes untouchability and titles.
Right to Freedom
Articles 19 to 22 guarantee the Right to Freedom in the constitution of India. It guarantees all Indian citizens with Freedom of speech and expression; Freedom to assemble peacefully; Freedom for forming cooperative societies or unions or companies; Freedom to move freely in India; Freedom to reside or settle anywhere in India and the Freedom to practice any profession or carry on any occupation, trade or business of their choice. Although the government has the right to impose certain restrictions on these Freedoms in the interest of the sovereignty and integrity of India.
Right to Information has been given the status of a Fundamental right in 2005, under article 19(1) of the Indian Constitution.
Right against Exploitation
Articles 23 and 24 guarantees the right against Exploitation and focuses mainly on two provisions. The first being the abolition of human trafficking and Begar (Forced Labour) and secondly, the abolition of employment of children under the age of 14 in jobs with a risky environment like factories, mines etc.
Articles 25 to 28 provide religious Freedom to all Indian citizens. The main objective of this right is to sustain secularism in our country. It assures that all Religions are equal in the eyes of the state and none of them is given preference over the other. It allows the citizens to preach, practise, and propagate the Religion of their choice. It also provides religious communities to set up charitable institutions.
Cultural and Educational Rights
Articles 29 and 30 provide every Indian citizen with Rights to education and cultures. It assures that every citizen gets equal opportunities in terms of education while giving minority communities the right to admission in colleges and universities without any discrimination. It also gives minority communities the right to establish Educational institutions to preserve and develop their culture.
Right to Constitutional Remedies
Articles 32 to 35 empowers all Indian citizens to move to the court of law whenever they are denied their Fundamental Rights. Article 32 is also termed as the citizens right to protect and defend the constitution as it allows the citizens to enforce the constitution through the judiciary.
The main objective of Right to Constitutional Remedies is to enforce Fundamental Rights.
Difference between Human Rights and Fundamental Rights
Fundamental Rights are the rights and freedom as a part of the constitution that is protected by the constitution of India which is recommended by the Government of India and the Indian parliament which enacted to its citizen of people. In Emergency situation, these rights are banned by the presidents of India at Emergency period and all the people that fall under the jurisdiction of the constitution are granted these rights without presumption or cost of privilege. Basically, these are the rights that are awarded to all citizens as per the legal system of the country without any conditions. These rights and freedom are enjoyed by the citizen of country into the certain determination of boundary.
Human Rights are the rights that all global men and women should have. These are the most basics rights that protect a human from inhuman behaviour of other humans. There are some rights that are considered universally to be fundamental and essential to live their fulfilment of needs for physical, mental and emotional protection. These rights are more helpful to the survival of every human being in this earth.
|S.No||Fundamental rights||Human rights|
|1.||They are drafted into based on some human rights by the drafting committee of the country.||They are drafted independently for the human survival by the drafting committee of united nation commission.|
|2.||Country Law protected these rights.||United nations protected these rights.|
|3.||Constitution enacted these rights by the direction of constitution committee under its jurisdiction.||World organization enacted these rights by the direction of U.N. International committee.|
|4.||These rights are apart from living for something.||These rights is essential and compulsory for the human living.|
|5||If a man/woman of the country is prohibited to enjoy these rights by a person or group or society, he will claim juristically these rights by the any one court in the country like high court or supreme court of India.||If a man/woman of the global is prohibited to enjoy these rights by a person or group or society or state or nation, he will claim juristically these rights by the any one court in the international organization like international court in Netherland and European courts of human rights in France.|
|6.||These rights contains rights to freedom, freedom of religion, equality, against exploitation, cultural and educational, constitutional remedies.||These rights contains Civil and Political, Social, Economic and Cultural rights.|
|7.||On basis of Legality, Constitution.||On basis of Morality, Humanity.|
|8.||A Human being is treated as a member of the country.||A Human is treated as a member of the globe.|
|9.||Peaceful Survival of human in his/her country.||Peaceful Survival of human in this earth.|
|10.||These rights were changed in 1978 by the parliamentary act in India.||These rights were changed to meet the challenging period of human survival globally.|
|11.||These rights are more specific.||These rights are more general.|