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The principle of universality of human rights is the cornerstone of international human rights law. This principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems. All states have ratified at least one, and 80% of states have ratified four or more, of the core human rights treaties, reflecting their consent, which creates legal obligations for them, giving concrete expression to universality. Some fundamental human rights enjoy universal protection by customary international law across all boundaries and civilizations. Human rights are rights inherent to all human beings, whatever their nationality, place of residence, sex, ethnic origin, colour, religion, language, or any other status. We a re all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights laws lay down obligations for governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups Non-discrimination is a cross-cutting principle in international human rights law. The principle is present in all the major human rights treaties and provides the central theme of some international human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women. The principle applies to everyone in relation to all human rights and freedoms and it prohibits discrimination on the basis of a list of non-exhaustive categories such as sex, race, colour and so on. The principle of non-discrimination is complemented by the principle of equality, as stated in Article 1 of the Universal Declaration of Human Rights: All human beings are born free and equal in dignity and rights.
Important Materials on Socio Economic Development in India for IPS LCE Examination Human Rights & The Role of Judiciary
Constitution and judiciary are committed towards justice for common people. We are also committed towards the declaration of Human Rights for all made by United Nations.
Important Materials on Socio Economic Development in India for IPS LCE Examination Human Rights & The Role of Judiciary
The Indian judiciary played a very active role by entertaining Public Interest Litigation which provides an opportunity to the judiciary to examine the socio -economic and environmental conditions of the oppressed, poor and the downtrodden people through PIL. Under the Article 32 of the Constitution the Supreme Court has directed the government to implement the fundamental right to life and liberty and execute protection measures in the public interest. In the case of Chaitanya Vs. State of Karnataka [AIR,1986 SC 825] Supreme Court also invoked jurisdiction under article 226 of the Constitution and has given authority to High court regarding PIL. The Public Interest Litigation has become a safeguard to Human Rights. The principle and practice of PIL has been followed by High Courts and the Supreme Court in a number of cases. The famous cases where the court has issued direction under PIL and protected the human rights of individuals are Bihar [Bhagalpur] under trail criminal case, the case of Bombay pavement dwellers , Bandhua Mukti Morcha Vs. Union of India.etc. Chief Justice P.N. Bhagwati observed, where a legal wrong or legal injury is caused by a person to a determinate class of persons, who by reasons of poverty, helplessness or disability, or socially and economically disadvantaged position, is unable to approach the court for relief, any member of the public can maintain an application for appropriate direction. [S.P. Gupta Vs.Union of India,SC 1982] The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under trial prisoners. In Hussainara Khatoon v. State of Bihar, [AIR 1979 SC 1360] the PIL was filed by an advocate on the basis of the news item published in the Indian Express, highlighting the plight of thousands of under trial prisoners languishing in various jails in Bihar. These proceedings led to the release of more than 40, 000 under trial prisoners. Right to speedy justice emerged as a basic fundamental right which had been denied to these prisoners. The same set pattern was adopted in subsequent cases. In 1981 the case of Anil Yadav v. State of Bihar, [AIR 1982 SC 1008] exposed the brutalities of the police. Newspaper reports revealed that about 33 s uspected criminals were blinded by the police in Bihar by putting the acid into their eyes. Through interim orders Supreme Court directed the state government to bring the blinded men to Delhi for medical treatment. It also ordered speedy prosecution of the guilty policemen. The court also read right to free legal aid as a fundamental right of every accused. Independence of the judiciary in India stems from the separation of powers between the executive, the legislature and the judiciary, making it possible to constitute a system of checks and balances aimed at preventing abuse of power. This separation and consequent independence is the key to the judiciarys effective functioning and upholding of the rule of law and human rights. Without the rule of law, there can be no realization of human rights. The role of the judiciary in any society must be to protect human rights by way of due process and effective remedies. This role cannot be fulfilled unless the judicial mechanism is functioning independently, with its decisions based solely on the basis of legal principles and impartial reasoning. In the end, it is the need of the hour to take human rights in a positive sense and not allow its politicization. It has often been seen that human rights movement start with great principles like morality, ethics, respect of human beings etc, but soon become the instruments of power game. To prevent this, we must educate the masses about -their rights and duties and help them fight for the same. Courtesy: Ministry of Information and Broadcasting publication division