Protection of Human Dignity Under Indian Constitution: The Quintessence of Human Rights

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The right to life, liberty, equality and dignity of any person is a human right. Every right that comes with being born in a human family comes under the category of human rights. Human rights can be considered more important than the rights created in the Constitution. The reason for this is that these are such rights which are directly related to nature like right to life is not just a fundamental right but it has been given from nature. All persons have innate freedom and equality in respect of dignity and rights. In fact, every person has the right to a standard of living which is necessary for the health, well- being and development of him and his family. Human rights also include civil and political rights like the right to equality before economic, social and cultural rights and the right to education. In order to protect the human rights of every person, present book discusses the issues relating to protection of human dignity of every person under the umbrella of laws of the land and the leading judicial pronouncements.

Dr. (Mrs.) Sangita Upadhyay is presently working as an Associate Professor in Department of Law, Meerut College, Meerut (Affiliated to Ch. Charan Singh University, Meerut, Uttar Pradesh, India). She has received her all higher education including LL.M. and Ph.D. (Law) from Banaras Hindu University, Varanasi (U.P.). She was a recipient of U.G.C. Medal for holding merit in LL.B. course of study in B.H.U. Varanasi, She has presented many papers in national / international seminars and symposium. She has published many papers in reputed national journals. Her field of specialization is Constitutional law and Administrative Law.

Prof. (Dr.) Raj Kumar Upadhyay is presently working as Principal. Dayanand College of Law. He has received his all higher education including LL.M. and Ph.D. (Law) from Banaras Hindu University, Varanasi (U.P.). He has presented many papers in national/international seminars and symposium and chaired many technical sessions being a resource person of the seminar/symposium. He has published about twenty-three Papers in reputed national and international journals. He has delivered many lectures in various institutions including Judicial Training Academy, Nainital (Uttarakhand) and C.P.W.D. Training Institute (A Central Government undertaking). His field of specialization is Constitutional law, Administrative Law, and Human Rights,

Human rights mean all those rights which are related to life, liberty, equality and dignity of an individual. Many human rights are described in the name of Fundamental Rights in Part- III of the Indian Constitution and are enforceable by the courts. Apart from this, such rights which have been accepted by the General Assembly of the United Nations as a result of international agreement and are enforceable by the courts of the country, are considered as human rights. Articles 14, 15, 16, 17, 19, 20, 21, 23, 24, 39, 43, 45 of the Indian Constitution are guaranteed to protect human rights in the country. The Constitution of India not only guarantees this right, but the court punishes those who break it.

The Human Rights Act came into force in India from 28 September 1993. On October 12, 1993, the government constituted the 'National Human Rights Commission'. Similarly, State Human Rights Commissions have been constituted in the states from time to time. The scope of the Human Rights Commission covers civil and political as well as economic, social and cultural rights, such as child labour, HIV/AIDS, health, food, child marriage, women's rights, custodial and encounter deaths, minorities and scheduled castes, and tribal rights etc

The concept of Fundamental Rights was expanded by the Supreme Court and High Courts and a new "Human Rights Jurisprudence" was created by combining various dimensions of human rights with fundamental rights. There are many examples of the positive activism of the Supreme Court against the violation of human rights and the commitment of the judiciary towards the protection of human rights, which have been discussed in this book

The 21st century is the century of human rights. No person, government or authority has the right to restrict or limit the exercise of these rights. Everyone enjoys these rights equally irrespective of caste, creed, race, sex, culture, social and economic status. Demonstrating the full seriousness of human rights and the issues related to its violation, effective steps should be taken continuously for its protection in India and making the National Human Rights Commission more empowered will be an important step in the chain of such measures.

We take an opportunity to acknowledge our profound gratitude to our revered Guru Prof. (Dr.) G. P Verma, former Vice Chancellor, Dr. R. M. L. National Law University, Lucknow and former Head & Dean, Faculty of Law, B.H.U, Varanasi for gracing our book by writing foreword letter.

It is an honour to us to make a mention here of our revered parents and all other family members whose way of life and constant emotional support inspired us to complete this book. We are thankful of our lovely daughter Samriddhi Upadhyay for bearing pain during the completion of this book.

Human rights are the basic rights available to any human being by virtue of his birth in human race. It is inherent in all human beings irrespective of their nationality, religion, language, sex, colour or any other consideration. The right to life, liberty, equality and dignity of any person is a human right. Every right that comes with being born in a human being comes under the category of human rights. Human rights can be considered more important than the rights enshrined in the Constitution. The reason for this is that these are such rights which are directly related to nature like right to life is not just a legal or fundamental right but it has been given from nature. All persons have innate freedom and equality in respect of dignity and rights. In fact, every person has the right to live with human dignity which is linked with right to health, well-being and development of him and his family.

Human rights also include civil and political rights like the right to equality before economic, social and cultural rights and the right to education.

Keeping in view the importance of human rights all over the world, it was clearly stated in the United Nations Charter that people believe that human dignity and equal rights of men and women are some of the human rights that can never be taken away. As a result of this declaration, the United Nations adopted the Universal Declaration of Human Rights on 10th December 1948. In this declaration, not only the rights of mankind were given place, but equal rights were also given to men and women.

Giving adequate recognition to human rights in the Constitution of India, many norms of the International Declaration of Human Rights have been recognized by the founding fathers of the Constitution under Part III of the Constitution and the Chapter of Directive Principles of State Policy, with a view to building a public welfare state and living in a dignified life. Human Rights Act was implemented in India from 28 September 1993 and on 12 October 1993 the Indian Government constituted the National Human Rights Commission with a view to realize the human rights of the people guaranteed in terms of fundamental rights under Indian Constitution.