Unit 2
Human Rights
Human rights are supported the principle of respect for the individual. Their fundamental assumption is that every person may be a moral and rational being who deserves to be treated with dignity. they're called human rights because they're universal. Whereas nations or specialized groups enjoy specific rights that apply only to them, human rights are the rights to which most are entitled—no matter who they're or where they live—simply because they're alive.
Yet many of us, when asked to call their rights, will list only freedom of speech and belief and maybe one or two others. there's no doubt these are important rights, but the complete scope of human rights is extremely broad. They mean choice and opportunity. They mean the liberty to get employment, adopt a career, select a partner of one’s choice and lift children. They include the proper to travel widely and therefore the right to figure gainfully without harassment, abuse and threat of arbitrary dismissal. They even embrace the proper to leisure.
- Characteristics of Human Rights:
- Universal Application: Human rights have universal application. All people, irrespective of race, religion, caste or sex have access to human rights. Right is essentially considered a human right, if it is general or universal in character and is equally possessed by all human all over the world.
- Purpose: The basic Human rights help not only in protection but also the prevention of gross violation of human dignity. Human rights allow people to develop and use their intrinsic or inborn qualities and talent in order to satisfy their spiritual and material needs.
3. Conditions of Social Life: Human rights are necessary for al social life in a society. Without human rights, it is difficult to live a reasonably good life in the society, In the absence of socially accepted human rights, unethical members of the society would have openly exploited innocent people and deprived them of their dignified living.
4. Minimal Rights: Justice Durga das Basu pointed out that human rights are the minimal rights, which every individual must have against the State or other public authority. The minimal rights are adequate to give the individual a sense of worth and value.
5. Supports Human Development: With the support of human rights, a person can fully develop and use his qualities and skills. This in turn enables a person to satisfy his/ her needs-physical mental, social and spiritual and also helps others to satisfy theirs.
6. Derived from Natural Law: Human rights are derived from the principle of natural law Natural Law can be traced to the thoughts of Sophocles and Aristotle. It was later elaborated by the Stoics of the Greek Hellenistic period and by philosopher of the Roman Period Natural Law embodied all those elementary principles of justice, which were right rational i.e., in accordance with nature, unalterable and eternal.
7. Independent of the State: Human rights are natural rights, they are not conferred upon individuals by the State, it is to be note that human rights are recognized by the State (Government), but they are independent of a legal system for their existence.
8. Origin: Human rights are as old as human civilization Bu human rights, in a more specified and well-defined manner came with the signing of Magna Cart in 1215. King John, who ruled England from 1199 to 1216, raised the taxes to an all-time high in order to raise funds to fight wars with France to win over the lost lands King John tried every possible way squeezing money out of his barons and lords.
The concept of human security is predicated on the popularity that each one persons are subjects of dignity and rights. Throughout history, different schools of thought converged within the generation and evolution of the consciousness of human rights, which were formally recognized within the Universal Declaration of Human Rights.
Although some authors proclaim and defend the monopoly of Western culture on the event of the concept of human rights, the human rights consciousness has remote origins and developed with contributions from different schools of thought, especially those supported different religions, philosophies and law schools (Beitz 2009). With this attitude, it's possible to spot a primary historical stage within the origin and development of human rights in religious and classical philosophical trends on natural rights, which recognized people as endowed with innate, absolute, universal and inviolable rights. What can't be denied is that Western culture manifested a greater articulation and juridical-political implementation of religious-philosophical ideals (Perry 1998).
The leading religious traditions, like Hinduism, Judaism, Buddhism, Confucianism, Christianity and Islam, in spite of their differences, contradictions and conflicts, share an equivalent vision of and commitment to respecting the dignity of all people and therefore the resultant task of fraternity, solidarity and protection of the defenseless and least protected (Gordon 2003).
Diverse philosophical traditions, sharing a rational perspective and not religious elements, also made significant contributions to developing the consciousness of the universality of human rights, by developing concepts of attribute , law , natural rights, social justice, moral responsibility and therefore the role of governments within the defense and protection of their citizens’ rights. Among these traditions, people who stand out are the faculties of ethical Confucian philosophy in China, the Babylonian school promoted by Hammurabi, and therefore the different philosophical schools of Egyptian, Hindu and Persian civilizations. There also are concepts almost like these philosophical schools of thought found in African and pre-Columbian American oral traditions and civilizations with reference to problems with human dignity, social justice and therefore the protection of people against the arbitrary use of power and abuses by political authorities (Gordon 2003, 10-11).
These elements, which were present in ancient philosophies, were added to Western philosophies, with special emphasis on concepts of ethical justice that transcends particular circumstances and political systems, and therefore the got to respect the attribute of every individual. These concepts were already developed by Attic philosophers, including Plato and Aristotle, as were the concepts of law and human dignity. The notion of universal justice is predicated upon these concepts developed by Roman Stoic philosophers, including Cicero and Justinian.
As was already mentioned, of these schools had greater impact than their predecessors by better articulating their philosophies and legal concepts and implementing them publicly life (Rosenbaum 1980).
While religious and philosophical doctrines enriched the theoretical dimension of human dignity and consequent universal responsibilities and obligations, the concrete practice of those concepts and their application within the political, economic, social and intellectual arenas over centuries generated theoretical and practical changes that translated into laws in several civilizations. Among them, it's necessary to say Hammurabi’s Code and therefore the remarkable legal body developed by Roman law that distinguished IusGentium (law of peoples) from IusNaturae (natural law). consistent with them, the laws of peoples derive from the character of peoples themselves and not from the state. They also establish specific responsibilities and universal rights that are extended to every and each person, members of a worldwide community understood as an “all” (Langlois 2009).
During Medieval Times, Catholic theologians and philosophers strengthened the consciousness of the universality of human dignity and equality, supported law, in Western culture during this context, the contributions of Saint Augustine and Saint Aquinas were fundamental to developing a synthesis of elements from classic Greek philosophy and Christianity supported the idea of law, which recognizes the individual rights of every person independent of the state to which he or she belongs (Battistella, 2009).
A second stage, during which there was a monumental advance within the vision and consciousness of human rights, would be identified by the five centuries that comprise the Renaissance, the Reformation and therefore the formation of national states, getting into the Enlightenment, the independence of the us of America and therefore the French Revolution.
During this point, from a rational and enlightenment philosophy and an iusnaturae legal perspective, individual rights and freedom were privileged, and in some cases became absolute. during this context, the iusnaturae contributions of Erasmus of Rotterdam stand out. He wrote about concepts of justice, equality and individual liberty as natural rights, which the state was obligated to guard and citizens to respect. Francisco Suárez and Hugo Grotius also deserve special mention. Suárez explored the universality of law and therefore the uniting nature of the law of peoples.
Grotius examined independence and law with reference to a given political or religious power and therefore the resultant got to recognize the natural rights of all people that, due to their shared humanity, should be treated during a just and equal manner, independent of their religious or civil status (Giraldo 2010).
Subsequently, Locke highlighted the natural rights to life, liberty and personal property, which should be protected by governments (Locke 1947). Rousseau, Voltaire, Diderot and Montesquieu wrote on the natural, inalienable and unalterable rights of all people to equality, liberty and solidarity, which governments must pledge to guard and respect through an agreement.
All these contributions merged and helped cause English, American and French Revolutions. Through them, law, which deals with human rights and is therefore confined to the sector of ethics and political philosophy, entered into the realm of positive rights, which become effective through laws and legal systems.
The US Declaration of Independence in 1776, affirming the proper of yank colonies to interrupt faraway from British Empire, appealed to the inalienable human rights to life, liberty, happiness and popular consent for legitimate government (Smith 2010). The Declaration of the Rights of Man and of the Citizen, approved during the French Revolution in 1789, endorsed the top of absolutely the monarchist regime and its replacement with a liberal constitutional system supported popular sovereignty, equality under the law and natural, inalienable and sacred rights of man, whose basic entitlements were liberty, personal property, security and resistance to oppression, and political and civil rights (Ososuna 2001). These two declarations, which merged the political philosophies of liberalism and individualism, became the inspiration not only for the abolition of absolute monarchies and therefore the establishment of states of law in Europe, but also for the establishment of constitutions of former European colonies, which evolved into independent national states and for the bulk of recent liberal constitutional democracies (Touraine 1992; Habermas 2000).
The promulgation of human rights in national constitutions had a profound impact on making significant efforts to guard human dignity and defend human security and justice starting within the 19th century. Chief among these advances were the abolition of the slave traffic, the rise in religious groups and civil society organizations committed to providing aid to the exploited, the excluded and migrants, and creation of the International Committee of the Red Cross to assist those wounded in war.
On the opposite side, formal protections of human rights provoked opposing reactions from different societal sectors with hierarchical interests, oligarchical privileges and with racial or gender prejudices. Opposition also came from governing authorities (emperors, monarchs, prime ministers and presidents) who considered human rights a threat to the principle of national sovereignty and thus to domestic sovereign jurisdiction, which they interpreted to be free from any external or international interference.
The grave upheavals produced by the 2 World Wars led to the creation of the UN and to enactment of international laws to safeguard human rights, beginning with the Universal Declaration of Human Rights of 1948. The Declaration ushered during a new era within the evolution of human rights that might drive the event of the consciousness of human security (Campagnoni 1995). The Declaration isn't a legally binding document. However, through the overall acceptance and practice of its principles as law, it's become the Magna Carta and internationally recognized legal and ethical framework for international, regional and national human rights mechanisms. It also is a source for other international and regional declarations and conventions on human, civil, political, economic, social and cultural rights (Steiner, Alston and Goodman 2008)
This third stage of human rights development has continued the consolidation of human rights in international and domestic law inspired by the 1948 Declaration. The Charter of the United Nations, containing in its preamble not the normal language of plenipotentiary nation-states but of the “peoples of the United Nations,” announced peacekeeping and therefore the security of peoples to be the first functions of the new organization. Its first article proclaimed universal respect for fundamental human rights and liberties as indispensable conditions to peace and security. during this manner, the UN Charter bound itself to the problems of security and peace, universal respect for human rights and, by definition, constraints on sovereign power (Battistella, 2009).
The retrenchment of the concept of absolute sovereignty during the conflict era sparked a process of systematic persecution of human rights activists and defenders, who were considered insurgents and a threat to national security. during this climate, the UN General Assembly adopted the 1970 Declaration on the Strengthening of International Security, which reinforced the interdependence of international security, human rights and development, overcoming the national security logic linked to the utilization of soldiers .
With the top of the conflict and therefore the worldwide process of democratization, civil society organizations and international agencies assumed a fundamental role in denouncing human insecurity and lack of protection and security, as reflected in violence, hunger, poverty, preventable illnesses and man-made disasters. during this context, starting within the 1990s with the assistance of various initiatives and contributions from different disciplines, including the fields of development, diplomacy, economics, jurisprudence and human rights, a process began to reform the concept of security. From its traditional specialise in the protection of sovereignty and state territory against external and internal threats, security began to evolve as an idea that placed individual security as a top priority. This paradigm shifts propelled UN Development Programme to coin the term of “human security,” concerning itself with the population’s security territorial sovereignty of nations (UNDP 1994).
Introduction
he United Nations (UN) came into being in 1945, shortly after the top of war II.
The stated purpose of the UN is to bring peace to all or any nations of the planet. After war II, a committee of persons headed by Mrs. Roosevelt, the wife folks President Franklin D. Roosevelt, wrote a special document which “declares” the rights that everybody within the entire world should have—the Universal Declaration of Human Rights. Today there are 192 member states of the UN, all of whom have signed on in agreement with the Universal Declaration of Human Rights.
On United Nations Day, 1945, within the aftermath of war II, the United Nations came into being as an intergovernmental organization, with the aim of saving future generations from the devastation of international conflict.
The Charter of the United Nations established six principal bodies, including the overall Assembly, the safety Council, the International Court of Justice, and in reference to human rights, an Economic and Social Council (ECOSOC).
The UN Charter empowered ECOSOC to determine “commissions in economic and social fields and for the promotion of human rights….” one among these was the United Nations Human Rights Commission, which, under the chairmanship of Roosevelt, saw to the creation of the Universal Declaration of Human Rights.
The Declaration was drafted by representatives of all regions of the planet and encompassed all legal traditions. Formally adopted by the United Nations on December 10, 1948, it's the foremost universal human rights document alive, delineating the thirty fundamental rights that form the idea for a democratic society.
Following this historic act, the Assembly called upon all Member Countries to publicize the text of the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in schools and other educational institutions, without distinction supported the political status of nations or territories.” Today, the Declaration may be a living document that has been accepted as a contract between a government and its people throughout the planet. consistent with the Guinness Book of World Records, it's the foremost translated document within the world.
- ARTICLE UNIVERSAL DECLARATION OF HUMAN RIGHTS
Article 1.
All citizenry is born free and equal in dignity and rights. they're endowed justifiably and conscience and will act towards each other during a spirit of brotherhood.
Article 2.
Everyone is entitled to all or any the rights and freedoms set forth during this Declaration, without distinction of any kind, like race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the idea of the political, jurisdictional or international status of the country or territory to which an individual belongs, whether it's independent, trust, non-self-governing or under the other limitation of sovereignty.
Article 3.
Everyone has the proper to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and therefore the slave traffic shall be prohibited altogether their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the proper to recognition everywhere as an individual before the law.
Article 7.
All are equal before the law and are entitled with none discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the proper to an efficient remedy by the competent national tribunals for acts violating the elemental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled fully equality to a good and public hearing by an independent and impartial tribunal, within the determination of his rights and obligations and of any criminal charge against him.
Article 11.
1. Everyone charged with a penal offence has the proper to be presumed innocent until proved guilty consistent with law during a public trial at which he has had all the guarantees necessary for his defense.
2. nobody shall be held guilty of any penal offence on account of any act or omission which didn't constitute a penal offence, under national or law of nations, at the time when it had been committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference together with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the proper to the protection of the law against such interference or attacks.
Article 13.
1. Everyone has the proper to freedom of movement and residence within the borders of every State.
2. Everyone has the proper to go away any country, including his own, and to return to his country.
Article 14.
1. Everyone has the proper to hunt and to enjoy in other countries asylum from persecution.
2. This right might not be invoked within the case of prosecutions genuinely arising from nonpolitical crimes or from acts contrary to the needs and principles of the United Nations.
Article 15.
- Everyone has the proper to a nationality.
- nobody shall be arbitrarily bereft of his nationality nor denied the proper to vary his nationality.
Article 16.
1. Men and ladies of full age, with none limitation thanks to race, nationality or religion, have the proper to marry and to found a family. they're entitled to equal rights on marriage, during marriage and at its dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is that the natural and fundamental group unit of society and is entitled to protection by society and therefore the State.
Article 17.
1. Everyone has the proper to have property alone also as in association with others.
2. nobody shall be arbitrarily bereft of his property.
Article 18.
Everyone has the proper to freedom of thought, conscience and religion; this right includes freedom to vary his religion or belief, and freedom, either alone or in community with others and publicly or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
Everyone has the proper to freedom of opinion and expression; this right includes freedom to carry opinions without interference and to hunt, receive and impart information and concepts through any media and no matter frontiers.
Article 20.
1. Everyone has the proper to freedom of peaceful assembly and association.
2. nobody could also be compelled to belong to an association.
Article 21.
1. Everyone has the proper to require part within the government of his country, directly or through freely chosen representatives.
2. Everyone has the proper to equal access to public service in his country.
3. the desire of the people shall be the idea of the authority of government; this may shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the proper to Social Security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of every State, of the economic, social and cultural rights indispensable for his dignity and therefore the free development of his personality.
Article 23.
1. Everyone has the proper to figure, to free choice of employment, to only and favorable conditions of labor and to protection against unemployment.
2. Everyone, with none discrimination, has the proper to equal buy equal work.
3. Everyone who works has the proper to only and favorable remuneration ensuring for himself and his family an existence deserve human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the proper to make and to hitch trade unions for the protection of his interests.
Article 24.
Everyone has the proper to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
1. Everyone has the proper to a typical of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical aid and necessary social services, and therefore the right to security within the event of unemployment, sickness, disability, widowhood, adulthood or other lack of livelihood in circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy an equivalent social protection.
Article 26.
1. Everyone has the proper to education. Education shall be free, a minimum of within the elementary and fundamental stages. education shall be compulsory. Technical and professional education shall be made generally available and better education shall be equally accessible to all or any on the idea of merit.
2. Education shall be directed to the complete development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the upkeep of peace.
3. Parents have a previous right to settle on the type of education that shall tend to their children.
Article 27.
- Everyone has the proper freely to participate within the cultural lifetime of the community, to enjoy the humanities and to share in scientific advancement and its benefits.
2. Everyone has the proper to the protection of the moral and material interests resulting from any scientific, literary or art of which he's the author.
Article 28.
Everyone is entitled to a social and international order during which the rights and freedoms set forth during this Declaration are often fully realized.
Article 29.
1. Everyone has duties to the community during which alone the free and full development of his personality is feasible .
2. within the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the aim of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and therefore the general welfare during a democratic society.
3. These rights and freedoms may in no case be exercised contrary to the needs and principles of the United Nations.
Article 30.
Nothing during this Declaration could also be interpreted as implying for any State, group or person any right to interact in any activity or to perform any act aimed toward the destruction of any of the rights and freedoms set forth herein.
The Rights and Fundamental Rights are sections of the Constitution of India that gives people with their rights. These Fundamental Rights are considered as basic human rights of all citizens, regardless of their gender, caste, religion or creed. etc. These sections are the vital elements of the constitution, which was developed between 1947 and 1949 by the Constitution of India.
There are six fundamental rights in India. they're Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of faith, Cultural and academic Rights, and Right to Constitutional Remedies.
The Constitution of India
1. Right to Equality
Right to Equality ensures equal rights for all the citizens. the proper to Equality prohibits inequality on the idea of caste, religion, place of birth, race, or gender. It also ensures equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of faith, race, caste, sex, descent, place of birth, place of residence or any of them.
2. Right to Freedom
Right to freedom provides us with various rights. These rights are freedom of speech, freedom of expression, freedom of assembly without arms, freedom of movement throughout the territory of our country, freedom of association, freedom to practice any profession, freedom to reside in any a part of the country. However, these rights have their own restrictions.
3. Right against Exploitation
Right against Exploitation condemns human trafficking, child labor, forced labor making it an offense punishable by law, and also prohibit any act of compelling an individual to figure without wages where he was legally entitled to not work or to receive remuneration for it. Unless it's for the general public purpose, like community services or NGO work.
4. Right to Freedom of faith
Right to Freedom of faith guarantees religious freedom and ensures secular states in India. The Constitutions says that the States should treat all religions equally and impartially which no state has a politician religion. It also guarantees all people the liberty of conscience and therefore the right to evangelize, practice and propagate any religion of their choice.
5. Cultural and academic Rights
Cultural and academic Rights protects the rights of cultural, religious and linguistic minorities by enabling them to conserve their heritage and protecting them against discrimination. Educational rights ensure education for everybody regardless of their caste, gender, religion, etc.
6.Right to Constitutional Remedies Right to Constitutional Remedies ensures citizens to travel to the supreme court of India to invite enforcement or protection against violation of their fundamental rights. The Supreme Court has the jurisdiction to enforce the elemental Rights even against private bodies, and just in case of any violation, award compensation also to the affected individual.
POLITICAL AND CIVIL FUNDAMENTAL RIGHTS UNDER THE CONSTITUTION OF INDIA
The political and civil rights are termed as 'Fundamental Rights' and enshrined in Part-III of the Indian Constitution which incorporates the subsequent rights:—
(1)Right to equality- Articles 14 to 18.
(2)Right to 6 freedoms - Article 19.
(a)Freedom of speech and expression.
(b)Freedom to assemble peacefully and without arms.
(c)Freedom to make associations or unions.
(d)Freedom to maneuver freely throughout the Territory of India.
(e)Freedom to reside and settle in any a part of the territory of India.
(f)Freedom to practice any profession or keep it up any occupation, trade or business.
(3)Right to life and private liberty - Articles 20, 21 and 22.
(4)Right to freedom of faith - Articles 25, 26, 27 and 28.
(5)Cultural and academic rights - Articles 29 and 30.
(6) Right to property - Article 31. (The 44th amendment has deleted this right and re-enacted it in Article 300 A, as constitutional right).
(7)Right against exploitation - Articles 23 and 24.
(8) Right to Constitutional remedies - Article 32.
CULTURAL, SOCIAL AND ECONOMIC RIGHTS UNDER THE DIRECTIVE PRINCIPLES OF THE CONSTITUTION OF INDIA Part-IV of the Indian Constitution detailing 'Directive Principles of State Policy' lays down the subsequent rights.
The socialist and welfare precepts have particularly been incorporated in Article 39 of the Constitution.
(1) Right to adequate means of livelihood - Article 39 (a).
(2) Right against economic exploitation - Article 39 (e).The health and strength of both sexes and tender age of youngsters aren't abused and aren't forced by economic necessity to enter avocations unsuited to their age or strength.
(3) Right to both sexes to equal buy equal work - Article 39(d).
(4) Right to figure - Article 41.
(5) Right to leisure and rest - Article 41.
(6) Right to public assistance just in case of unemployment, adulthood sickness (Social Security) - Article 41.
(7) It directs the State to make conditions where there'll be no concentration of wealth and means of production to the common detriment and where the ownership and control of the fabric resources, of the community are so distributed as best to sub-serve the commonweal. [Article 39 (b) and (c)].
(8) Article 42 - Just and human conditions of labor and maternity leave.
(9) Article 43 - Mandatory Payment of living wages etc. to workers.
(10) Article 44 - Uniform Civil Code.
(11) Article 45 - Free and Compulsory Education.
(12) Article 46 - Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.
(13) Article 47 - Duty of the State to boost the extent of nutrition and therefore the Standard of living and to enhance public health.
(14) Article 48 - Organization of agriculture and farming.
(15) Article 49 - Protection of monuments and places and objects of national importance.
(16) Article 50 - Separation of Judiciary from Executive.
(17) Article 51 - Promotion of international peace and security. By 42nd Amendment of the Constitution, three more Articles were added therein:
(18) Article 43A - Participation of workers in management of industries.
(19) Article 39A - Equitable justice and free legal aid.
(20) Article 48A - Protection and improvement of environment and safeguarding of forests and wild life.
INDIVIDUAL RIGHTS OR 'NATURAL RIGHTS' UNDER WRITTEN CONSTITUTION the overall rules of interpretation during this context could also be borne in mind:-
(1) the proper to privacy (as an emanation from Arts 19(1)(d) and 21).
(2) the proper to human dignity (as an emanation from Arts. 14, 19, 21).
(3) the proper to travel abroad (as an emanation from Art. 21)
(4) the proper against torture, cruel or unusual punishment or degrading treatment, (as an emanation from Art. 21); like solitary .
(5) the proper to speedy trial (emanating from Art. 21).
(6) the proper to free legal aid in criminal trial (from Art. 21).
(7) the proper against delayed execution.
(8) the proper against custodian violence.
(9) The rights to shelter, to doctor's assistance, the proper to health.
(10) the proper to pollution free environment.
(11) the proper to education of a toddler until he attains the age of 14.
(12) the liberty of Press, and right to concentrate , and right to understand . (From Art. 19(1) (a)).
References
- Foundation course - Manan Prakashan
- Human Rights in Theory and Practice by Jack Donnelly
- Law relating to Human Rights by Dr. V. Nirmala
