Human Rights-Related Provisions in the Indian Constitution and Important Case Law

Human rights-related provisions in India are derived from constitutional guarantees, legislative statutes, and progressive judicial interpretations.

Constitutional Framework of Human Rights

The constitutional foundation of human rights relies on justiciable fundamental rights and non-justiciable directive principles that guide state policy.

Fundamental Rights in Part III

• Article 14 guarantees equality before the law and equal protection of the laws within the territory of India.
• Article 21 ensures that no person shall be deprived of life or personal liberty except according to procedure established by law.
• Article 21A mandates free and compulsory education for all children aged six to fourteen years as a fundamental right.
• Article 23 prohibits human trafficking and forced labor, establishing absolute protection against modern forms of bondage.
• Article 24 prohibits the employment of children below the age of fourteen years in factories, mines, and hazardous occupations.

Directive Principles of State Policy in Part IV

• Article 39 directs the state to secure adequate means of livelihood, equal pay for equal work, and the protection of children against exploitation.
• Article 39A directs the state to promote justice on the basis of equal opportunity and provide free legal aid to ensure that opportunities for securing justice are not denied to any citizen.
• Article 41 secures the right to work, to education, and to public assistance in cases of unemployment, old age, sickness, and disablement.
• Article 47 places a primary duty on the state to raise the level of nutrition and the standard of living and to improve public health.

Landmark Judicial Precedents and Case Law

The Indian judiciary has expanded the scope of human rights through judicial review, reading international covenants into domestic jurisprudence and establishing procedural protections.

Expansion of Article 21

• Maneka Gandhi v. Union of India in 1978 established that the procedure depriving a person of life or personal liberty must be just, fair, and reasonable.
• Hussainara Khatoon v. State of Bihar in 1979 established the right to a speedy trial as an integral part of personal liberty.
• Olga Tellis v. Bombay Municipal Corporation in 1985 ruled that the right to livelihood is an inseparable component of the right to life.
• K. S. Puttaswamy v. Union of India in 2017 affirmed that the right to privacy is a fundamental right protected under Article 21.

Protection Against Custodial Violence and Abuse

• D. K. Basu v. State of West Bengal in 1997 laid down detailed procedural guidelines for police arrest and detention to prevent custodial torture.
• Vishaka v. State of Rajasthan in 1997 formulated binding guidelines to prevent sexual harassment of women at workplaces.
• Shah Bano Case in 1985 upheld the right to maintenance for women under criminal procedure provisions.

Comparative Overview of Key Human Rights Articles

• The National Human Rights Commission was established on October 12, 1993, under the Protection of Human Rights Act to investigate human rights violations.
• The Protection of Human Rights Act was amended in 2019 to broaden the eligibility criteria for the chairperson and members of human rights commissions.
• India ratified the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in 1979.
• Public Interest Litigation emerged in the early 1980s as a judicial tool enabling courts to entertain petitions filed on behalf of marginalized groups.
• The Supreme Court has repeatedly held that the Preamble of the Constitution embodies the basic objectives and human rights aspirations of the nation.
• The Protection of Women from Domestic Violence Act of 2005 was enacted to provide civil remedies for protection against domestic abuse.