The Universal Declaration of Human Rights (UDHR) is a landmark document that serves as a global roadmap for freedom and equality, safeguarding the rights of every individual, everywhere. Adopted by the United Nations on December 10, 1948, it was a response to the "barbarous acts" of World War II and marked the first time countries agreed on rights and freedoms that deserve universal protection, enabling individuals to live freely, equally, and with dignity.
Nature of the UDHR
The UDHR is a declaration adopted by the United Nations General Assembly. It arose from the experiences of World War II and represents the first global expression of rights to which all human beings are inherently entitled. While the declaration itself is non-binding, its principles have been incorporated into numerous international treaties, economic agreements, regional human rights instruments, and national constitutions, thus making many of its tenets legally binding in various nations.
The UDHR recognizes that human rights are the foundation for freedom, justice, and peace. It aims to recognize the inherent dignity and the equal and inalienable rights of all members of the human family.
The UDHR has three core principles:
Universality: The UDHR applies to all people, in all countries around the world, without distinction of any kind.
Indivisibility: Taking away one right has a negative impact on all other rights.
Interdependency: All 30 articles in the Declaration are equally important.
Provisions of the UDHR
The UDHR comprises 30 articles that contain a comprehensive listing of key civil, political, economic, social, and cultural rights. These rights and freedoms include:
Fundamental Equality: All human beings are born free and equal in dignity and rights (Article 1). Everyone is entitled to all the rights and freedoms outlined in the Declaration, without distinction of any kind (Article 2).
Civil and Political Rights:
The right to life, liberty, and security of person (Article 3).
Freedom from slavery and servitude (Article 4).
Freedom from torture or cruel, inhuman, or degrading treatment or punishment (Article 5).
The right to recognition everywhere as a person before the law (Article 6).
Equality before the law and equal protection of the law (Article 7).
The right to an effective remedy for human rights violations (Article 8).
Freedom from arbitrary arrest, detention, or exile (Article 9).
The right to a fair and public hearing by an independent and impartial tribunal (Article 10).
The right to be presumed innocent until proven guilty (Article 11).
Freedom of movement and residence within the borders of each state (Article 13).
The right to seek and enjoy asylum from persecution (Article 14).
Evolution of the UDHR
The body of international human rights law continues to expand, and new human rights standards are being built on the Universal Declaration to address emerging human rights issues. In the 21st century, UN Human Rights has helped achieve greater protection of the rights of neglected population groups such as indigenous peoples, older people, people with disabilities, and people belonging to the LGBTI community. The Office has also brought to the fore the link between human rights and climate change.
Over the past 75 years, humanity has faced new challenges deriving, for example, from new technologies, artificial intelligence, or climate change, which were not included or foreseen when the UDHR was written and which threaten the enjoyment of human rights today and of future generations. The international human rights instruments need to evolve and adapt. The inalienable and universal nature of human rights define a dynamic process to adequately address new and as-yet-unforeseen situations, while upholding existing human rights standards.
India and the Universal Declaration of Human Rights: A Detailed Analysis
India, as a signatory to the Universal Declaration of Human Rights (UDHR), has integrated the essence of the rights enshrined in the UDHR into its Constitution. The UDHR, adopted by the UN General Assembly in 1948, defines human rights as rights stemming from the inherent dignity of the human person. These internationally recognized basic human rights have been synthesized and integrated within the framework of the Indian Constitution.
Civil and Political Rights
The Indian Constitution mirrors many civil and political rights outlined in the UDHR:
Equality before the law: Article 14 of the Indian Constitution corresponds to Article 7 of the UDHR.
Prohibition of discrimination: Article 15(1) of the Indian Constitution aligns with Article 7 of the UDHR, prohibiting discrimination on grounds of religion, race, caste, sex, or place of birth. Article 15 includes clauses that prohibit discrimination against individuals or groups. It ensures access to public places for all citizens and allows for protective laws for women and children, such as reservations and free education.
Equality of opportunity: Article 16(1) of the Indian Constitution is related to Article 21(2) of the UDHR.
Freedom of speech and expression: Article 19(1)(a) of the Indian Constitution corresponds to Article 19 of the UDHR.
Freedom of peaceful assembly: Article 19(1)(b) of the Indian Constitution mirrors Article 20(1) of the UDHR.
Right to form associations or unions: Article 19(1)(c) of the Indian Constitution is similar to Article 23(4) of the UDHR.
Freedom of movement: Article 19(1)(d) of the Indian Constitution relates to Article 13(1) of the UDHR[1].
Protection in respect of conviction for offenses: Article 20(1) of the Indian Constitution aligns with Article 11(2) of the UDHR.
Protection of life and personal liberty: Article 21 of the Indian Constitution corresponds to Article 3 of the UDHR. It ensures the right to live with human dignity, encompassing various aspects such as protection against torture, the right to a speedy trial, and the right to a clean environment.
Protection from slavery and forced labor: Article 23 of the Indian Constitution relates to Article 4 of the UDHR.
Freedom of conscience and religion: Article 25(1) of the Indian Constitution mirrors Article 18 of the UDHR.
Remedy for enforcement of rights: Article 32 of the Indian Constitution corresponds to Article 8 of the UDHR, guaranteeing the right to constitutional remedies, allowing individuals to move the Supreme Court to enforce their fundamental rights.
Right against arbitrary arrest and detention: Article 22 of the Indian Constitution is related to Article 9 of the UDHR.
Economic, Social, and Cultural Rights
The Indian Constitution also addresses economic, social, and cultural rights found in the UDHR:
Right to work: Article 41 of the Indian Constitution relates to Article 23(1) of the UDHR.
Right to equal pay for equal work: Article 39(d) of the Indian Constitution corresponds to Article 23(2) of the UDHR.
Right to education: Articles 21(A), 41, 45 & 51A(k) of the Indian Constitution align with Article 26(1) of the UDHR.
Right to a standard of living: Article 39(a) & Article 47 of the Indian Constitution relate to Article 25(1) of the UDHR.
Judicial Pronouncements and Human Rights
Indian courts have played a vital role in interpreting and expanding the scope of human rights, as evidenced by the following cases:
Right to travel abroad: In Satwant Singh Sawhney vs. D. Ramanathan, the court recognized the right to travel abroad as part of personal liberty under Article 21.
Right to privacy: In Kharak Singh vs. State of Uttar Pradesh, the Supreme Court deemed domiciliary visits an infringement of personal liberty guaranteed under Article 21.
D.K. Basu vs. State of West Bengal: The Supreme Court established guidelines for arrest and detention to prevent custodial violence, emphasizing the right to life with dignity.
Vishaka vs. State of Rajasthan: This case led to the formulation of the Vishaka guidelines to address sexual harassment in the workplace, safeguarding fundamental rights under Articles 14, 15, and 19(1) of the Constitution.
National Legal Service Authority (NALSA) vs. Union of India AIR 2014 SC 1863: The Supreme Court recognized transgender persons as a third gender, affirming their fundamental rights under Articles 14, 15, 16, 19(1)(a), and 21 of the Constitution.
Prem Shankar vs. Delhi Administration(1980): The Supreme Court held that handcuffing prisoners violates human dignity.
The Universal Declaration of Human
Rights (UDHR): Easy Exam Notes
What is
the UDHR?
·
The UDHR
is a historic document adopted by the United Nations General Assembly on
December 10, 1948, after World War II.
· It sets out basic rights and freedoms for all people, everywhere, to ensure freedom, equality, and dignity.
Nature of
the UDHR
·
It is a declaration (not a law), so it is not
legally binding by itself.
· However, its principles have influenced many international treaties, national constitutions, and laws, making its ideas legally binding in many countries.
·
The UDHR
is based on the idea that human rights are essential for freedom, justice, and
peace.
Core
Principles of the UDHR
·
Universality: Applies to everyone, everywhere,
without discrimination.
·
Indivisibility: All rights are equally important;
taking away one right affects all others.
· Interdependency: All 30 articles are connected and support each other.
Main
Provisions of the UDHR (Key Rights)
·
The UDHR
has 30 articles covering civil, political, economic, social, and cultural
rights. Some important ones:
o Equality: All humans are born free and equal in
dignity and rights (Article 1).
o No
discrimination: Everyone
is entitled to these rights without discrimination (Article 2).
o Right to
life, liberty, and security (Article
3).
o Freedom
from slavery (Article
4).
o Freedom
from torture or cruel treatment (Article 5).
o Recognition
as a person before the law (Article
6).
o Equality
before the law (Article
7).
o Right to
a fair trial (Article
10).
o Presumption
of innocence (Article
11).
o Freedom
of movement (Article
13).
o Right to seek asylum (Article 14).
Evolution
of the UDHR
·
The UDHR
has inspired new human rights standards to address modern issues like the
rights of indigenous peoples, people with disabilities, and the LGBTI
community.
·
It also
connects human rights with challenges like climate change and technology (e.g.,
artificial intelligence).
· Human rights law keeps evolving to address new situations, while maintaining the core values of the UDHR.
India and the UDHR
How India
Incorporates the UDHR
· India is a signatory to the UDHR and has included many of its rights in the Indian Constitution.
·
The
Constitution reflects both civil and political rights, as well as economic,
social, and cultural rights.
Comparison
Table: UDHR and Indian Constitution
|
UDHR Article/Right |
Indian Constitution Article(s) |
|
Equality before law (Art. 7) |
Article 14 |
|
No discrimination (Art. 7) |
Article 15 |
|
Equality of opportunity (Art. 21(2)) |
Article 16 |
|
Freedom of speech (Art. 19) |
Article 19(1)(a) |
|
Freedom of assembly (Art. 20(1)) |
Article 19(1)(b) |
|
Freedom of association (Art. 23(4)) |
Article 19(1)(c) |
|
Freedom of movement (Art. 13(1)) |
Article 19(1)(d) |
|
Protection from conviction (Art. 11(2)) |
Article 20(1) |
|
Right to life and liberty (Art. 3) |
Article 21 |
|
Protection from slavery (Art. 4) |
Article 23 |
|
Freedom of religion (Art. 18) |
Article 25(1) |
|
Right to remedies (Art. 8) |
Article 32 |
|
Protection from arbitrary arrest (Art. 9) |
Article 22 |
|
Right to work (Art. 23(1)) |
Article 41 |
|
Equal pay for equal work (Art. 23(2)) |
Article 39(d) |
|
Right to education (Art. 26(1)) |
Articles 21A, 41, 45, 51A(k) |
|
Right to standard of living (Art. 25(1)) |
Articles 39(a), 47 |
Key
Supreme Court Cases in India
·
Satwant Singh Sawhney v. D. Ramanathan: Right to travel abroad is part of
personal liberty (Art. 21).
·
Kharak Singh v. State of UP: Right to privacy is part of personal
liberty (Art. 21).
·
D.K. Basu v. State of West Bengal: Guidelines to prevent custodial
violence, protecting right to life with dignity.
·
Vishaka v. State of Rajasthan: Guidelines to prevent sexual
harassment at the workplace, protecting rights under Articles 14, 15, and
19(1).
·
NALSA v. Union of India (2014): Recognized transgender persons as a
third gender, affirming their rights under Articles 14, 15, 16, 19(1)(a), and
21.
· Prem Shankar v. Delhi Administration (1980): Held that handcuffing prisoners violates human dignity.
Summary Points for Exam
·
The UDHR
is the foundation of international human rights, adopted in 1948.
·
It is not
legally binding, but its principles are widely followed.
·
Core
principles: universality, indivisibility, interdependency.
·
India has
included most UDHR rights in its Constitution, both as Fundamental Rights and
Directive Principles.
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