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UNIVERSAL DECLARATION OF HUMAN RIGHTS : PROVISIONS AND ITS INFLUENCE ON INDIAN CONSTITUTION

Author : Kajal Mathur of BHARTI VIDYAPEETH UNIVERSITY, PUNE

INTRODUCTION:

Humans by their virtue of being human possess certain basic and inalienable rights, which no one can be deprived off. These rights are associated with natural laws. These rights provide suitable conditions for human beings increase their standard of living and also morally uplift the people. According to DD Basu: “Human rights are those minimum rights which every individual must have against the state or other public authority by virtue of his being a member of human family, irrespective of any other consideration.”

CONCEPT OF UNIVERSAL DECLRATION OF HUMAN RIGHTS:

With the goals of inspiring individuals to strive for their progressive realizations, The United Nation General Assembly on 10th December 1948, adopted the Bill of Human rights which involves UDHR provisions, ICCPE, ICESCR and Two optional protocols.

UDHR (Universal Declaration on Human Rights) consists of Preamble and 30 articles. These 30 Articles are further divided into 4 categories:

  1. General Article(1 and 2)
  2. Civil And Political Rights(3 to 21)
  3. Economic, Social, Cultural Rights(22 to 28)
  4. Concluding Provisions(29 and 30)

These articles are the symbols of human rights and fundamental freedoms. These rights give the opportunity to the human beings to live with dignity, to increase their standard of living. Their aim is to provide social security, adequate food and basic fundamental rights.

UDHR PROVISIONS AND INDIAN CONSTITUTION:

The preamble of UDHR proclaims the human rights as a common achievement for all people and all nations.

It is true to state that, the provisions of udhr are not binding on states or nations, but it provides certain guidelines to the nations, and its provisions effects different constitutions of nations. World’s longest written constitution that is Indian Constitution which was adopted on 26th of January 1950 has the great impacts or influence of provisions of UDHR.

The goals of human rights can  be read from the preamble as a political social economic and cultural revolutions , that the people of India have committed themselves to. 

The Fundamental rights, Directive principle of state policy, preamble of Indian Constitution have a close similarity with the context of UDHR in the forms of Articles.

The rights guaranteed and provided in Indian Constitution are required to be in conformity with the covenants of UDHR and thus the guidelines of UDHR mentors the human rights in corporate in Constitution of India.

 Indian Constitution generally preserves the values set down in the UDHR provisions. Relying on Constituents Debates, it is found that majority of Fundamental rights and directive principles of state policy are discussed after 10th December 1948(the day when UDHR was adopted). This clearly shows the impacts and influences of UDHR on the drafting of Indian Constitution. Indian Constitution covers the aspects of human rights, so do UDHR does.

INFLUENCE OF UDHR ON INDIAN CONSTITUTION:

NAME OF RIGHTSUNIVERSAL DECLRATION ON HUMAN  RIGHTSINDIAN CONSTITUTION
EQUALITY BEFORE LAWARTICLE 7ARTICLE 14
PROHIBITION OF DISCRIMINATIONARTICLE 7ARTICL 15(1)
FREEDOM OF SPEECHARTICLE 19ARTICLE 19(1)(a)
FREEDOM OF PEACEFUL ASSEMBLYARTICLE 20(1) ARTICLE 19 (1)(b)
RIGHT TO FORM UNIONSARTICLES 23(4)ARTICLE 19(1)(c)
FREEDOM OF MOVEMENTARTICLE 13(1)ARTICLE 19(1)(d)
PROTECTION IN RESPECT OF CONVICTSARTICLE 11(2)ARTICLE 20(1)
PROTECTION OF LIFE AND LIBERTYARTICLE 3ARTICLE 21
PROTECTION FROM SLAVERYARTICLE 4ARTICLE 23
FREEDOM OF CONSCIENCE AND RELIGIONARTICLE 18ARTICLE 25(1)
REMEDY OF ENFORCEMENTARTICLE 8ARTICLE 32
RIGHT TO WORKARTICLE 23(1)ARTICLE 41

INFLUENE OF UDHR ON INDIAN JUDICIARY:

Not only the Indian constitution but also Indian judiciary has also contributed to this by facts, by refereeing to UDHRS, scope of Fundamental freedoms in different judgments.

IN KESHWANANDA BHARTI V SATATE OF KERELA (1973)– The Supreme Court observed that “ the UDHR may not be a legally binding instrument but it shows hoe India understood the nature of Human Right and said that the constitutional interpretation in India has been strongly influenced by the declaration.” There are different measures of implementation of UDHR provisions through which Countries can approach to United Nations on violation of any rights.

        The pursuit of Human rights lies in the heart of both the UN and Indian Constitutions. Both ensure millions of peoples, a life, freedom, security and prosperity. UN stated in clear and simple terms

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