LAW RELATING TO HUMAN RIGHTS IN INDIA

In this connection, the history witnesses & furnishes evidences of the unlimited destruction of human & humanity which was its own extreme level due to selfishness and others things of human. The barbarous acts were committed against the mankind. The inherent dignity & freedoms of human were curtailed and violated. Still the persons were deprived from their Life & personal liberty openly, seriously, heinously and fiercely which were their natural, universal & birth rights. Consequently, the persons were compelled to recourse of rebellion, as a last resort to save, survive, protect and preserve in self. Many wars, revolts & battles have been waged to destroy the human beings. In consequences of it, the mankind suffered from the unlimited & untold sorrow so the immortal soul and conscious of whole mankind was outraged. After a long journey, a necessity was felt to make Law to ensure a common, natural, universal, inalienable, inherent and indispensable standard compulsorily and mandatorily for each and every individuals beyond all kinds of biases and discriminations to do the welfare of all, subjection to ‘Rule of Law’. Hence keeping in view of all the aforesaid, the concept of human rights originated was made, developed, enforced & implemented under the relevant laws. With regard to this, it is also relevant to place over that all laws are subject to the human rights law. Human rights have the natural & universal parentage or parenthood of all laws and rights; as a result all laws & rights are son (s), daughter (s) or children of the human rights namely no law is beyond the limitation (s) of human rights. The human rights function as one of the main sources of other laws also. The Laws relating to human rights have been embodied under Part-III Articles 12 to 35 as Fundamental Rights, Part-IV Articles 36 to 51 as Directive principles of State Policy and Part-IV-A Articles 51A (a) to 51A (k) as the Fundamental Duties of the Constitution of India because the rights & duties function simultaneously and together. The above said Part-III is enforced by hon’ble Supreme Court of India (Under Article -32) or by hon’ble High Court (s) (Under Article -226) of the Constitution of India. Whereas the Article-32 furnishes the guarantee for the enforcement of human rights as fundamental rights only not for other rights. The Article 226 does not confer the guarantee. The Part-IV & IVA both are not enforceable by any of the courts of India under the Constitution of India therefore the Law Relating to human rights is available for all beyond all kinds of discriminations. In relation to it, this chapter titled as- ‘Law Relating to Human Rights in India’ reveals the available or existing laws in respect of the human rights in India under the Indian Constitutional Law which mainly are found as enforceable and unenforceable human rights, their kinds or classification, the provisions relating to the enforceability, fundamental duties, a comparative study or appraisal of the human rights or fundamental rights between Constitutional Law of India & International Bill of Human Rights, the Protection of Human Rights Act, 1993 concisely, leading, landmark, recent and other important Case laws have also been placed as in accordance with the requirements & other required things therefore this chapter shows the Laws with regard to the human rights, its Enforcement system and other connected matters in democratic India.