This document discusses the origin and growth of human rights, the Universal Declaration of Human Rights of 1948, and basic human rights and personal liberty as established in the Constitution of India. It provides an overview of key articles in the UDHR related to equality, non-discrimination, and fundamental freedoms. It also summarizes several important articles from Part III of the Indian Constitution guaranteeing equality before the law, fundamental freedoms, right to life and personal liberty, and right to constitutional remedies. The document then outlines how the Supreme Court of India has expanded the interpretation of the right to life and personal liberty over time through judicial decisions.

1. Prepared ByPrepared By,,
Praveena.P.VPraveena.P.V
22ndnd
B.Ed Physical ScienceB.Ed Physical Science
Keyi Sahib Training College-Keyi Sahib Training College-
ThalipparambaThalipparamba
BASIC HUMAN RIGHTS, PERSONAL LIBERTY AND THE
CONSTITUTION OF INDIA

2. Origin and growth of Human Rights
Struggles against slavery, apartheid and racism in Europe
and Africa.
French, Russian and Chinese revolutions.
Preachings of Socrates, Plato, Aristotle, Voltaire,
Rousseau, Machiavelli, Marx and Confucius.
Contributions of world leaders like Abraham Lincoln and
Nelson Mandela.
Historical documents of Human Rights ranging from
Magna Carta to UDHR.

3. UNIVERSAL DECLARATION OF HUMAN RIGHTS – 1948
THE GUIDING PRINCIPLES
 ARTICLE – 1 – UN should promote human rights and freedoms
without distinction as to race, sex, language or
religions
 ARTICLE – 2 – Equality and non discrimination for the
enjoyment of human rights and fundamental
freedoms
 ARTICLE – 3 – Rights to life, liberty and seniority of persons
are fundamental and inalienable
 ARTICLE – 4 – Prohibits slavery of any kind any where.
 ARTICLE – 5 – Prohibits torture, inhuman or degrading
punishment or treatment.

4. UNIVERSAL DECLARATION OF HUMAN RIGHTS
 ARTICLES – 3 TO 21 – Civil and political rights
 ARTICLES – 22 TO 27 – Economic social and cultural rights
UDHR declares that "all human beings are equal
in dignity and rights".
 ARTICLE – 28 – Everyone is entitled to a social order to
realize all human rights and fundamental
freedoms.
 ARTICLE – 29 – Each state party to UDHR can enact laws for
reasonable exercise of rights under UDHR.
 ARTICLE – 30 - Restricts any activity aiming at the destruction
of any of the rights and freedoms under UDHR.

5. CONSTITUTION OF INDIA PART III
THE MAGNACARTA OF PERSONAL LIBERTY AND HUMAN RIGHTS
ARTICLE – 14 – Equality before law and equal protection of law
to all irrespective of cast, creed, gender etc.
ARTICLE – 19 – Six fundamental freedoms which are the basic
pillars of individual liberty
 (a) Freedom of speech and expression
 (b) Freedom of assembly
 (c) Freedom of association
 (d) Freedom of movement
 (e) Freedom of residence and settlement
 (f) Freedom of profession and occupation
ARTICLE – 21 – Right to life and personal liberty.
ARTICLE – 32 & 226 – Right to constitutional remedies.

6.  ARTICLE – 21 – No one shall be deprived of his right to life and
personal liberty except according to procedure established
by law
 ARTICLE – 32 – Any one can approach supreme court directly seeking
enforcement of violated fundamental Rights through the
issue of writs
ARTICLE – 226. The same power vested in high court
Writs issued under articles – 32 & 226
•Mandamus
•Certiorari
•Prohibtion
•Quo-warrento
•Habeus corpus

7. JUDICIAL PROCESS AND RIGHT TO PERSONAL LIBERTY IN INDIA
Expansion of right to life and personal liberty under article – 21 of the constitution
through judicial decisions of Supreme Court Of India
 Maneka Gandhi v union of India AIR 1978 SC 597
Supreme Court held that right to life and personal
liberty means not mere animal existence but the right to
lead a dignified life
 Hussainara khatoon v Home Secretary state of Bihar
AIR 1979 SC 1360
Supreme Court observed that right to speedy trial also is Fundamental Right
under Article – 21.

8. EXPANDED HORIZON OF PERSONAL LIBERTY BY SUPREME COURT WITH
THE INTRODUCTION OF PUBLIC INTEREST LITIGATION
 SP Guptha Vs Union Of India AIR 1982 SC 149 Supreme Court
accepted Public Interest Litigation as an effective tool of
enforcing basic human rights and personal liberty
 Sheela Barse Vs State Of Maharashtra AIR 1983 SC 378 Right To
Free Legal Aid is recognized by the Indian Supreme Court as a
Fundamental Right coming under the Right To Life &
Personal Liberty.

9. WIDENED SCOPE OF PERSONAL LIBERTY UNDER ARTICLE 21 OF THE
CONSTITUTION OF INDIA
People’s Union For Democratic Rights V Union Of India (ASIAD
workers case) AIR 1982 SC 1473
Supreme Court included right to fair and dignified working
conditions also under the right to life and personal liberty
in Article.21.
 M.C. Mehta V Union Of India (1987), 4 SCC 463 Supreme Court held that
Right to Pollution free Environment also is a Fundamental Right under Article 21
of the Constitution.

10. OTHER HUMAN RIGHTS RECOGNIZED BY SUPREME COURT UNDER
THE RIGHT TO LIFE AND PERSONAL LIBERTY
So many Basic Human Rights like Right to Education, Right to
Privacy, Right to Safe Drinking Water, Right to Adequate Housing, Right to
Food etc. were covered by a number of Humanitarian decisions of the
Supreme Court of India.
“RULE OF LAW IS AN UNRULY HORSE
BUT OBEDIENCE OF LAW IS A SOCIAL
MORALITY”
-IVOR JENNINGS

11. Thank
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