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Human Rights in the Purview of
Indian Constitution & other
Indian Laws
By Adv. Urwi Keche
Human Rights
What is right? - A moral or legal entitlement
to have or do something.
What is Human Rights? - The fundamental
rights that humans have by the fact of being
human, and that are neither created nor can
be abrogated by any government.
Fundamental rights "to which a person is
inherently entitled simply because she or he
is a human being. Regardless of their nation,
location, language, religion, ethnic origin or
any other status. They are applicable
everywhere and at every time in the sense of
being universal.
Right to Life
 The Right to Life. We all have the right to life, and to
live in freedom and safety.
 The Right to Privacy. Nobody should try to harm our
good name. Nobody has the right to come into our
home, open our letters, or bother us or our family
without a good reason.
 The Right to Play. We all have the right to rest from
work and to relax.
 Article 21 - Right to life with Dignity
No person shall be deprived of his life or personal
liberty except according to procedure established by
law.
The right to privacy is protected as an intrinsic part of
the right to life and personal liberty under Article 21
and as a part of the freedoms guaranteed by Part III
of the Constitution.
Right to Education
 The Right to Education - Education is a right.
Primary school should be free. We should learn
about the United Nations and how to get on
with others. Our parents can choose what we
learn.
 Article 21A of Indian Constitution –
 86th Constitutional amendment on 12th
December 2002 –
 The State shall provide free and compulsory
education to all children of the age of six to
fourteen years in such manner as the State
may, by law, determine
 Right of Children to Free and Compulsory
Education Act, 2009
We Are All Born Free & Equal. We are
all born free. We all have our own
thoughts and ideas. We should all be
treated in the same way.
We’re All Equal Before the Law. The law
is the same for everyone. It must treat
all fairly.
Don’t Discriminate. These rights belong
to everybody, whatever our differences.
Article 14 - The State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.
Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth. State can make Special provision for women and children.
Right to Freedom
Freedom of Thought. We all have the right to believe in what we want to believe, to have
a religion, or to change it if we want.
Freedom of Expression. We all have the right to make up our own minds, to think what we
like, to say what we think, and to share our ideas with other people.
The Right to Public Assembly. We all have the right to meet our friends and to work
together in peace to defend our rights. Nobody can make us join a group if we don’t want
to.
Freedom to Move. We all have the right to go where we want in our own country and to
travel as we wish.
Article 19 of Indian Constitution -
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory
of India
No Unfair Detainment. Nobody has the right to put us in prison without good reason and keep
us there, or to send us away from our country.
Article 22 - Protection against arrest and detention in certain cases.
No person who is arrested shall be detained in custody without being informed, as soon as
be, of the grounds for such arrest nor shall he be denied the right to consult, and to be
by, a legal practitioner of his choice.
Shall be produced before the nearest magistrate within a period of twenty-four hours of such
arrest
The Right to Trial. If we are put on trial this should be in public. The people who try us should
not let anyone tell them what to do.
(3) No person accused of any offence shall be compelled to be a witness against himself.
We’re Always Innocent Till Proven Guilty. Nobody should be blamed for doing
something until it is proven. When people say we did a bad thing we have the right
show it is not true.
Article 21 of Indian Constitution - No person shall be convicted of any offence except
for violation of a law in force at the time of the commission of the Act charged as an
offence, nor be subjected to a penalty greater than that which might have been
inflicted under the law in force at the time of the commission of the offence.
(2) No person shall be prosecuted and punished for the same offence more than
The Right to Democracy. We all have the right to take part in the government of our country.
Every grown-up should be allowed to choose their own leaders.
The right to vote is provided by the Constitution and the Representation of People’s Act, 1951,
subject to certain disqualifications.
Article 326 of the Constitution guarantees the right to vote to every citizen above the age of
18.
Section 62 of the Representation of Peoples Act (RoPA), 1951
No Torture. Nobody has any right to hurt us or to torture us.
(Types - Physical, Mental, Emotional, Sexual, Economical)
• Prevention and Suppression of Human Trafficking Act, 2012
• Protection of Women from Domestic Violence Act, 2005
• Dowry Prohibition Act, 1961
• The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013
• University Grant Commission (Prevention, Prohibition and
Redressal of sexual harassment of women employees and
students in higher educational Institutions) Regulations, 2015
Your Human Rights Are Protected by Law. We can all ask for the law to help us when we are not treated fairly.
Right to Constitutional Remedies
Article 32 - Right to move the Supreme Court
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred
by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of
habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the
enforcement of any of the rights conferred by this Part.
Article 226 – Right to move to the High Court
Notwithstanding anything in article 32 every High Court shall have power, throughout the territories in relation to
which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government,
within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part
III and for any other purpose.
Human Rights Act 1993 – Established Human Right Commissions on National, State and Local Level. We can submit
Written or Online Complaint. This commission has Power of Inquiry and make recommendation to Judiciary.
Lower Courts – In case of infringement of your right by private individual, lower courts can provide the remedy.
Social Security. We all have the right to affordable housing, medicine, education, and
childcare, enough money to live on and medical help if we are ill or old.
Food and Shelter for All. We all have the right to a good life. Mothers and children, people
who are old, unemployed or disabled, and all people have the right to be cared for.
Article 47 - Duty of the State to raise the level of nutrition and the standard of living and to
improve public health.
Workers’ Rights. Every grown-up has the right to do a job, to a fair wage for their work,
and to join a trade union.
Article 41 - Right to work, to education and to public assistance in certain cases
Article 42 - Provision for just and humane conditions of work and maternity relief.
Article 43 - Living wage, etc., for workers.
Article 43 A - Participation of workers in management of industries.
Right to Asylum - The Right to Seek a Safe Place to Live. If we are frightened of being badly treated
in our own country, we all have the right to run away to another country to be safe.
Right to a Nationality. We all have the right to belong to a country.
Marriage and Family. Every grown-up has the right to marry and have a family if they want to. Men
and women have the same rights when they are married, and when they are separated.
The Right to Your Own Things. Everyone has the right to own things or share them. Nobody should
take our things from us without a good reason.
Copyright. Copyright is a special law that protects one’s own artistic creations and writings; others
cannot make copies without permission. We all have the right to our own way of life and to enjoy the
good things that art, science and learning bring.
No Slavery. Nobody has any right to make us a slave. We cannot make anyone our slave.
• Slavery Abolition Act 1833
• Bonded Labour System (Abolition) Act 1976
You Have Rights No Matter Where
You Go. I am a person just like you!
A Fair and Free World. There must
be proper order so we can all enjoy
rights and freedoms in our own
country and all over the world.
Responsibility. We have a duty to
other people, and we should
their rights and freedoms.
No One Can Take Away Your
Human Rights.
Human Rights in the Purview of Indian Constitution by Urwi Keche
Human Rights in the Purview of Indian Constitution by Urwi Keche

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Human Rights in the Purview of Indian Constitution by Urwi Keche

  • 1. Human Rights in the Purview of Indian Constitution & other Indian Laws By Adv. Urwi Keche
  • 2. Human Rights What is right? - A moral or legal entitlement to have or do something. What is Human Rights? - The fundamental rights that humans have by the fact of being human, and that are neither created nor can be abrogated by any government. Fundamental rights "to which a person is inherently entitled simply because she or he is a human being. Regardless of their nation, location, language, religion, ethnic origin or any other status. They are applicable everywhere and at every time in the sense of being universal.
  • 3. Right to Life  The Right to Life. We all have the right to life, and to live in freedom and safety.  The Right to Privacy. Nobody should try to harm our good name. Nobody has the right to come into our home, open our letters, or bother us or our family without a good reason.  The Right to Play. We all have the right to rest from work and to relax.  Article 21 - Right to life with Dignity No person shall be deprived of his life or personal liberty except according to procedure established by law. The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
  • 4. Right to Education  The Right to Education - Education is a right. Primary school should be free. We should learn about the United Nations and how to get on with others. Our parents can choose what we learn.  Article 21A of Indian Constitution –  86th Constitutional amendment on 12th December 2002 –  The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine  Right of Children to Free and Compulsory Education Act, 2009
  • 5. We Are All Born Free & Equal. We are all born free. We all have our own thoughts and ideas. We should all be treated in the same way. We’re All Equal Before the Law. The law is the same for everyone. It must treat all fairly. Don’t Discriminate. These rights belong to everybody, whatever our differences. Article 14 - The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. State can make Special provision for women and children.
  • 6. Right to Freedom Freedom of Thought. We all have the right to believe in what we want to believe, to have a religion, or to change it if we want. Freedom of Expression. We all have the right to make up our own minds, to think what we like, to say what we think, and to share our ideas with other people. The Right to Public Assembly. We all have the right to meet our friends and to work together in peace to defend our rights. Nobody can make us join a group if we don’t want to. Freedom to Move. We all have the right to go where we want in our own country and to travel as we wish. Article 19 of Indian Constitution - (a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India
  • 7. No Unfair Detainment. Nobody has the right to put us in prison without good reason and keep us there, or to send us away from our country. Article 22 - Protection against arrest and detention in certain cases. No person who is arrested shall be detained in custody without being informed, as soon as be, of the grounds for such arrest nor shall he be denied the right to consult, and to be by, a legal practitioner of his choice. Shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest The Right to Trial. If we are put on trial this should be in public. The people who try us should not let anyone tell them what to do. (3) No person accused of any offence shall be compelled to be a witness against himself.
  • 8. We’re Always Innocent Till Proven Guilty. Nobody should be blamed for doing something until it is proven. When people say we did a bad thing we have the right show it is not true. Article 21 of Indian Constitution - No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. (2) No person shall be prosecuted and punished for the same offence more than
  • 9. The Right to Democracy. We all have the right to take part in the government of our country. Every grown-up should be allowed to choose their own leaders. The right to vote is provided by the Constitution and the Representation of People’s Act, 1951, subject to certain disqualifications. Article 326 of the Constitution guarantees the right to vote to every citizen above the age of 18. Section 62 of the Representation of Peoples Act (RoPA), 1951
  • 10. No Torture. Nobody has any right to hurt us or to torture us. (Types - Physical, Mental, Emotional, Sexual, Economical) • Prevention and Suppression of Human Trafficking Act, 2012 • Protection of Women from Domestic Violence Act, 2005 • Dowry Prohibition Act, 1961 • The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 • University Grant Commission (Prevention, Prohibition and Redressal of sexual harassment of women employees and students in higher educational Institutions) Regulations, 2015
  • 11. Your Human Rights Are Protected by Law. We can all ask for the law to help us when we are not treated fairly. Right to Constitutional Remedies Article 32 - Right to move the Supreme Court (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. Article 226 – Right to move to the High Court Notwithstanding anything in article 32 every High Court shall have power, throughout the territories in relation to which it exercises jurisdiction, to issue to any person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other purpose. Human Rights Act 1993 – Established Human Right Commissions on National, State and Local Level. We can submit Written or Online Complaint. This commission has Power of Inquiry and make recommendation to Judiciary. Lower Courts – In case of infringement of your right by private individual, lower courts can provide the remedy.
  • 12. Social Security. We all have the right to affordable housing, medicine, education, and childcare, enough money to live on and medical help if we are ill or old. Food and Shelter for All. We all have the right to a good life. Mothers and children, people who are old, unemployed or disabled, and all people have the right to be cared for. Article 47 - Duty of the State to raise the level of nutrition and the standard of living and to improve public health. Workers’ Rights. Every grown-up has the right to do a job, to a fair wage for their work, and to join a trade union. Article 41 - Right to work, to education and to public assistance in certain cases Article 42 - Provision for just and humane conditions of work and maternity relief. Article 43 - Living wage, etc., for workers. Article 43 A - Participation of workers in management of industries.
  • 13. Right to Asylum - The Right to Seek a Safe Place to Live. If we are frightened of being badly treated in our own country, we all have the right to run away to another country to be safe. Right to a Nationality. We all have the right to belong to a country. Marriage and Family. Every grown-up has the right to marry and have a family if they want to. Men and women have the same rights when they are married, and when they are separated. The Right to Your Own Things. Everyone has the right to own things or share them. Nobody should take our things from us without a good reason. Copyright. Copyright is a special law that protects one’s own artistic creations and writings; others cannot make copies without permission. We all have the right to our own way of life and to enjoy the good things that art, science and learning bring. No Slavery. Nobody has any right to make us a slave. We cannot make anyone our slave. • Slavery Abolition Act 1833 • Bonded Labour System (Abolition) Act 1976
  • 14. You Have Rights No Matter Where You Go. I am a person just like you! A Fair and Free World. There must be proper order so we can all enjoy rights and freedoms in our own country and all over the world. Responsibility. We have a duty to other people, and we should their rights and freedoms. No One Can Take Away Your Human Rights.