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Human Rights in India are 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. According to the United Nations, Human rights are rights inherent to or any other status. all human beings, regardless of race, sex, nationality, ethnicity, language, or religion. Human rights in India are guaranteed by the Fundamental Rights, the Directive Principles of State Policy and by laws. Here are some articles related to human rights in the indian constitution

Also read National Human Rights Commission

What are Human Rights?

Human Rights are those minimal rights that every individual must have against the State or other public authority by virtue of their being a member of the human family, irrespective of any other consideration. The concept of human rights is as old as the ancient doctrine of ‘natural rights’ founded on natural law; the expression ‘human rights’ is of recent origin, emerging from (post-Second World War) international Charters and Conventions.

Nature of Human Rights

Universal and inalienable: The principle of universality of human rights is the cornerstone of international human rights law. This means that we are all equally entitled to our human rights. Human rights are inalienable. They should not be taken away, except in specific situations and according to due process. For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law. 

Indivisible and interdependent. All human rights are indivisible and interdependent. This means that one set of rights cannot be enjoyed fully without the other. For example, making progress in civil and political rights makes it easier to exercise economic, social and cultural rights. Similarly, violating economic, social and cultural rights can negatively affect many other rights. 

Equal and non-discriminatory Article 1 of the UDHR states: “All human beings are born free and equal in dignity and rights.” Freedom from discrimination, set out in Article 2, is what ensures this equality. Non-discrimination cuts across all international human rights law. This principle is present in all major human rights treaties. Nondiscrimination is also the central theme of two core instruments: the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women.

Both rights and obligations, all States have ratified at least 1 of the 9 core human rights treaties, as well as 1 of the 9 optional protocols. Eighty per cent of States have ratified 4 or more. This means that States have obligations and duties under international law to respect, protect and fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights.

Promotion and protection of human rights is not limited to national boundaries but rather stipulates certain ideals that apply the world over.

Also read Ethics and Human Interface

Human Rights in Indian Constitution

Constitution of independent India came into force on 26th January. The impact of the Universal Declaration of Human Rights on drafting part III of the Constitution is apparent. India has acceded to the Universal Declaration of Human Rights as well as to the subsequent International Covenants of Economic, Social and Cultural Rights and Civil & Political Rights adopted by the Central Assembly of the United Nations. Human rights in India are  protected in three ways:

1. Constitutional Guarantees: fundamental rights and directive principles
2. Legislative enactments: laws against untouchability, child labour, and human trafficking, women’s rights
3. Institutional Framework: National Human Rights Commission (NHRC), State Human Rights Commissions, the judiciary, and civil society.

Fundamental Rights enshrined in Part III of the Constitution have emerged from the doctrine of natural rights. Fundamental Rights are the modern name for what have been traditionally known as Natural Rights. Natural Rights transformed into fundamental rights operate as a constitutional limitation or a restriction on the 4 powers of the organs set up by the Constitution or the State action. Judicial Review, Justiciability or Enforcement became an inseparable concomitant of fundamental rights. As no right of freedom can be absolute, limitations have been imposed on each fundamental right in the interest of securing social justice. Enforcement of fundamental rights can even be suspended or prevented in an emergency. The following Fundamental rights guarantee  human rights in India:

• Right to Equality (Articles 14-18)
• Right to Freedom (Articles 19-22)
• Right against Exploitation (Articles 23-24)
• Right to Freedom of Religion (Articles 25-28)
• Cultural and Educational Rights (Articles 29-30)
• Right to Constitutional Remedies (Article 32)

Directive Principles enshrined in Part IV of the Constitution epitomise the ideals, aspirations, sentiments, precepts and goals of our entire freedom movement. The wisdom of the forefathers of the Constitution was justified in incorporating non-justiciable human rights in the concrete shape of the directive principles. The following  provisions promote human rights in india are given below:

• Article 38(1) states that the state to promote the welfare of the people by securing a social order based on justice, social, economic, and political.
• Article 39 provides the concept of justice, directing state policy towards securing equitable distribution of resources, equal pay for equal work, and protection of children and workers.
• Article 39A provides equal justice and free legal aid to ensure access to justice for to all.
• The Supreme Court of India recognises the interpretative value of the Universal Declaration of Human Rights in construing constitutional provisions related to human rights.
• The Constitution provides for various writs (habeas corpus, mandamus, prohibition, quo warranto, and certiorari) as mechanisms to enforce fundamental rights.

National Human Rights Commission: The National Human Rights Commission (NHRC) was established under the Protection of Human Rights Act (PHRA) of 1993 and as amended by the Protection of Human Rights (Amendment) Act of 2006. NHRC promotes Human Rights in India as given below:

• Commission is responsible for spreading human rights awareness amongst the masses and encouraging the efforts of all stakeholders in the field of human rights literacy, not only at the national level but at the international level too.

• NHRC is a unique institution because it is one of the few National Human Rights Institutions (NHRIs) in the world whose Chairperson is the former Chief Justice of the country. The world looks at the NHRC of India as a role model in promoting and monitoring the effective implementation of the promotion and protection of human rights.

• PHRA aligns with the Paris Principles, established during the first global workshop on national human rights institutions held in Paris in October 1991 and endorsed by the United Nations General Assembly in 1993.
• India’s dedication to advancing and safeguarding human rights is reflected through the National Human Rights Commission (NHRC).
• Under the PHRA, human rights are defined as the entitlements to life, liberty, equality, and dignity, as guaranteed by the Indian Constitution or recognised in international agreements, and enforceable within Indian courts.

Also read Fundamental Rights in Indian Constitution

Universal Declaration of Human Rights (UDHR)

UDHR is a pivotal document shaping global human rights. Crafted by diverse representatives from various legal and cultural backgrounds, it was adopted by the United Nations General Assembly on December 10, 1948, in Paris, as a shared benchmark for all nations and their citizens.

Two Categories of Rights:

  UDHR encompasses two main types of rights:

• Civil and Political Rights – These protect individual freedoms and participation in governance.
• Economic, Social, and Cultural Rights – These focus on access to basic needs, social welfare, and cultural participation.

Enforceability:

While the UDHR is not a legally enforceable treaty, its core principles have become widely accepted as global standards that all countries are encouraged to uphold.

Universality:

The UDHR outlines essential human rights to be safeguarded worldwide, translated into over 500 languages for universal accessibility.

Its influence lies in the ability of its ideas to transform societies, motivating ongoing efforts to ensure everyone enjoys freedom, equality, and dignity.

United Nations Human Rights Council (UNHRC):

The UNHRC, established by the General Assembly in 2006, is the primary international body responsible for promoting and protecting human rights globally. Comprising 47 member countries, it serves as a platform to address human rights abuses and national issues, offering recommendations to improve human rights practices and respond to crises.

The Office of the High Commissioner for Human Rights (OHCHR) supports the Council by providing expertise, technical assistance, and administrative support.

Difference Between Human Rights and Fundamental Rights

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Human Rights in India FAQ?

What is the role of the National Human Rights Commission (NHRC)?

The NHRC, established under the Protection of Human Rights Act, 1993, investigates human rights violations, recommends remedies, and promotes awareness. It can:

• Investigate complaints of rights abuses by public servants.
• Intervene in court cases involving human rights.

Recommend compensation or policy changes.
However, its powers are advisory, and it cannot enforce decisions or investigate armed forces’ actions under certain laws.

What are the main sources of human rights in India?

Human rights in India are primarily enshrined in the Constitution of India (1950), particularly under Part III (Fundamental Rights), which includes rights to equality, freedom, protection against exploitation, freedom of religion, and cultural/educational rights. Other sources include:

• Legislation: Laws like the Protection of Human Rights Act, 1993, established the National Human Rights Commission (NHRC).
• International commitments: India is a signatory to treaties like the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and others.
• Judicial precedents: Supreme Court rulings often expand or interpret rights (e.g., right to privacy as a fundamental right in 2017).

What is the role of the National Human Rights Commission (NHRC)?

The NHRC, established under the Protection of Human Rights Act, 1993, investigates human rights violations, recommends remedies, and promotes awareness. It can:

• Investigate complaints of rights abuses by public servants.
• Intervene in court cases involving human rights.
• Recommend compensation or policy changes.

However, its powers are advisory, and it cannot enforce decisions or investigate armed forces’ actions under certain laws.

What protections exist for marginalised communities?

• For Scheduled Castes/Scheduled Tribes: The SC/ST (Prevention of Atrocities) Act, 1989, addresses caste-based violence, though enforcement varies.
• For Tribal Rights: The Forest Rights Act, 2006, grants land and resource rights to indigenous communities, but bureaucratic hurdles limit its impact.
• For Minorities: Constitutional protections under Articles 25-30 ensure religious and cultural rights, but communal tensions and violence are challenges.

How can individuals report human rights violations in India?

 Violation of human rights in India can be reported in the following way:

• File complaints with the NHRC or State Human Rights Commissions (SHRCs) online or in person.
• Approach courts via PILs or writ petitions.
• Contact NGOs like People’s Union for Civil Liberties (PUCL) or Amnesty India (though its operations are limited).
• Use helplines for specific issues (e.g., women’s helpline: 181; child helpline: 1098).