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Human Rights in the Indian Constitution

Human Rights in the Indian Constitution. Human Rights Education Orientation and TOT April 12 th 2011. Constitutional provisions. Part III: Fundamental Rights Part IV: Directive Principles of S tate Policy Rights and essence of the rights Rule of Law

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Human Rights in the Indian Constitution

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  1. Human Rights in the Indian Constitution Human Rights Education Orientation and TOT April 12th 2011

  2. Constitutional provisions • Part III: Fundamental Rights • Part IV: Directive Principles of State Policy • Rights and essence of the rights • Rule of Law • Constitutionalism as restraint of power • Basis structure: Federalism, separation of power, fundamental rights, rule of law and limited power

  3. Constitutional provisions • ICCPR: civil and political rights • ICESR: social and economic rights

  4. Constitutional provisions: Fundamental Rights • Right to equality A.14-18 • Fundamental freedoms: A. 19 • Right to life: A. 21 • Right to education A. 21A • Protection against arrest and detentionA.20-22 • Right against exploitationA.23,24 • Right to freedom of Religion A.25,26,27,28 • Cultural and educational Rights A.29,30 • Right to constitutional remedies A.32

  5. Constitutional provisions: Fundamental principles • Directive Principles of state policy • Provisions are not enforceable but the principles are nevertheless fundamental in the governance of the country • Right to work • Equal pay for equal work • Equal justice and free legal aid • Early childhood care

  6. Interplay of fundamental rights and directive principles • Reading directives into fundamental rights • Right to life-legal aid, right to education, housing, food, living wage, environment • Right to equality-equal pay, promotion of educational interests of Scheduled Castes • Religious freedoms-uniform civil code, personal law, religious trusts

  7. Comparision with UDHR • A. 14 and A 7 UDHR equality before the law • A. 15 and A 2-para 1 and A 7 UDHR Prohibition of discrimination • A. 16 equality of opportunity and A 21(2) • A. 19 Freedoms of speech and expression , residence, movement, assembly and association corresponds to A. 19,20,23,13

  8. Comparision with ICESR

  9. Comparision with ICESR

  10. Comparision with ICESR

  11. Comparision with ICESR

  12. Comparision with ICESR

  13. Comparision with ICESR

  14. Comparision with ICESR Sourced from the NHRC module on HRE

  15. Protection of Human Rights Act,1993 • National Human Rights Commission • State Human Rights Commissions

  16. Conflict of Rights • Individual liberty vs. social control-A 19 freedom of speech and expression vs. public order, decency and morality, • Equality vs. affirmative action • Religious freedoms vs. social reform • Religious freedom vs. securalism • Equality vs. special status of minority institutions

  17. Thank you

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