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SYNOPSIS
SUBJECT: HUMAN RIGHTS LAW
TOPIC: HUMAN RIGHTS AND INDIAN CONSTITUTION
SUBMITTED TO:
MS.APARNA SINGH
SUBMITTED BY:
AARIF MOHAMMAD BILGRAMI
PROFESSOR OF LAW
X-SEM
DR. RMLNLU
ROLL NO.75
SYNOPSIS
The Universal Declaration of Human Rights (UDHR), 19481, defines human rights as rights
derived from the inherent dignity of the human person.
Section 2(d) of the Human Rights Act, 1993, defines human rights as 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.
Human rights when they are guaranteed by a written constitution are known as Fundamental
Rights because a written constitution is the fundamental law of the state. Human rights are
essential for the overall development of individuals.
The Constitution of India makes provisions for basic rights also known as Fundamental Rights 2
for its citizens as well as for aliens. A distinction is made between Specific Fundamental Rights
and Unspecified Fundamental Rights. The rights enshrined in the Constitution also at times are at
par with the International Covenant on Civil and Political Right (ICPPR) which is an
international treaty. The ICCPR is applicable to States rather than to individual. Therefore, rights
enshrined therein become the obligation of a state only when they have been incorporated in the
States internal law.
BIBLIOGRAPHY:
BOOKS:
1 The Universal Declaration of Human Rights is a declaration adopted by the United Nations General
Assembly on 10 December 1948 at the Palais de Chaillot, Paris. The Declaration consists of 30 Articles
which have been elaborated in subsequent international treaties, regional human rights instruments,
national constitutions, and other laws. The International Bill of Human Rights consists of the Universal
Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and
the International Covenant on Civil and Political Rights and its two Optional Protocols. In 1966, the
General Assembly adopted the two detailed Covenants, which complete the International Bill of Human
Rights. In 1976, after the Covenants had been ratified by a sufficient number of individual nations, the
Bill took on the force of international law.
2 PART III,Constitution Of India,1950.
(2007),
Talk, Elver, Hajjar, Human Rights, Routledge, (2008).