UNIVERSAL DECLARATION OF HUMAN RIGHTS
HISTORY OF HUMAN RIGHTS
On December 10, 1948 the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights the full text of which appears in the following pages. 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 based on the political status of countries or territories.”
Universal Declaration of Human Rights, 1948 ? This Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this declaration constantly in mind, shall strive by teaching and educating to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the people of member States themselves and among the people of territories under their jurisdiction:
All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Parliament may by law admit into the Union, or establish, new States on such terms and conditions as it thinks fit.
Article 3 of the Indian constitution addresses the formation of new states as well as any changes or modifications to existing states’ names, boundaries, or areas. The article gives authority to the Parliament to change the area, boundaries, or names of existing
Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect
art. V (stating that amendments to the Constitution may be ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress ).
Referred to as the “supremacy clause,” this article declares that the Constitution and the laws and treaties of the federal government are the highest in the land. While state courts rule on state laws, the federal courts can step in and order changes if the state laws go against federal law.
The first clause of the Indian Constitution depicts that any individual that has migrated from Indian territory to the areas that are now part of Pakistan will not exercise their rights as Indian citizens.
Indigenous Indians living outside India (Article 8): Indians (Indian parents or grandparents born in India as defined in the Indian Government Act, 1935) living abroad will be granted Indian citizenship, as if they had been an Indian citizen registered by the ambassador or ambassador.
This article clearly states that if any Indian citizens voluntarily acquire the citizenship of any foreign country, they shall no longer be allowed to hold the citizenship of India.
Article 10 protects your right to hold your own opinions and to express them freely without government interference. This includes the right to express your views aloud (for example through public protest and demonstrations) or through: published articles, books or leaflets.
Article 11: Parliament to regulate the right of citizenship by law. The Parliament has the right to make any provision concerning the acquisition and termination of citizenship and any other matter relating to citizenship
ARTICLE 12 of the Indian Constitution defines a State. According to this article, a state includes: The government and parliament of India. The government and legislature of each state. The local or other authorities within the territory of India.
Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights..
Article 15 in The Constitution Of India (1949) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth: The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Article 16 prohibits discrimination in employment in any government office. However, the government can allow reservation for any community if they are not adequately represented in service or posts under the State.
ARTICLE 17 OF THE INDIAN CONSTITUTION: Untouchability is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of Untouchability shall be an offence punishable in accordance with law.
Article 18 talks about the abolition of titles. It says: No title, not being a military or academic distinction, shall be conferred by the State. No citizen of India shall accept any title from any foreign State.
Freedom of Speech – Article 19(1)(a) The Constitution of India guarantees freedom of speech and expression to all citizens. It is enshrined in Article 19(1)(a). This topic is frequently seen in the news and is hence, very important for the IAS Exam.
Article 20 of the Constitution provides for the protection in respect of conviction for offences. No one can be convicted for an act that was not an offence at the time of its commission, and no one can be given punishment greater than what was provided in the law prevalent at the time of its commission.
According to Article 21: “Protection of Life and Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.” This fundamental right is available to every person, citizens and foreigners alike.
Article 22(1) – Any person who is in custody has to be informed as to why he has been arrested. Further, he cannot be denied the right to consult an advocate. Article 22(2) – The arrested individual should be produced before a judicial magistrate within 24 hours of his arrest.
Article 23 prohibits trafficking in human beings, including trafficking for the purpose of forced labor, slavery, or exploitation. It recognizes the inherent dignity and rights of individuals, ensuring protection against such practices.
Article 24 says that “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.” This Article forbids the employment of children below the age of 14 in any hazardous industry or factories or mines, without exception
Article 25 (Freedom of conscience and free profession, practice, and propagation of religion) Article 25 guarantees the freedom of conscience, the freedom to profess, practice, and propagate religion to all citizens. The above-mentioned freedoms are subject to public order, health, and morality.
Article 26(a) Right to establish and maintain institutions for religious and charitable purposes. The right to establish and maintain religious institutions is given to every religious institution. The word establishes and maintains must be read together.
Article 27 of the constitution provides that no person shall be compelled to pay any tax or fee for the promotion or maintenance of any particular religion or religious denomination.
Freedom as to attendance at religious instruction or religious worship in certain educational institutions. 1. No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
Article 29 protects the interests of minorities. It guarantees that any citizen belonging to a religious or linguistic minority shall not be rejected from taking admission to any educational institution run by the State or taking help from government funds on the basis of only religion, language etc.
The Supreme Court on Tuesday said that Article 30 of the Constitution makes it obligatory for a state to recognise minority educational institutions and not discriminate against them in matters of granting aid, reported Live Law.24 Jan 2024