INSTITUTIONS AND PROCESSES
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Introduction
Institutions and processes play an important role in the protection and promotion of human
rights. In India and at the international level, several institutions work to ensure that human
rights are respected and protected. These include constitutional provisions such as
Fundamental Rights and Directive Principles, national bodies like the National Human Rights
Commission, non-governmental organizations, the judiciary, and the media. Together, these
institutions and processes help prevent human rights violations, provide justice to victims, and
create awareness among people.
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Fundamental Rights in India
Fundamental Rights are basic human rights guaranteed by the Constitution of India to all
citizens. They are given in Part III of the Constitution. These rights are essential for the
development of individuals and for the functioning of a democratic society. Fundamental Rights
protect individuals from arbitrary actions of the state and ensure equality and freedom.
The Right to Equality ensures equality before law and equal protection of laws. It prohibits
discrimination on the grounds of religion, race, caste, sex, or place of birth. It also abolishes
untouchability and titles.
The Right to Freedom includes freedoms such as freedom of speech and expression, freedom
of assembly, freedom of association, freedom of movement, freedom of residence, and freedom
to practice any profession. These rights are necessary for democratic participation.
The Right against Exploitation prohibits human trafficking, forced labour, and child labour. It
protects individuals from exploitation and abuse.
The Right to Freedom of Religion guarantees freedom of conscience and the right to profess,
practice, and propagate religion. It ensures religious tolerance and secularism.
Cultural and Educational Rights protect the rights of minorities to preserve their culture,
language, and educational institutions.
The Right to Constitutional Remedies allows citizens to approach courts for the enforcement of
Fundamental Rights. It is considered the heart of the Constitution.
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Directive Principles of State Policy
Directive Principles of State Policy are given in Part IV of the Indian Constitution. They are not
enforceable by courts, but they are fundamental in the governance of the country. These
principles guide the state in making laws and policies aimed at social and economic justice.
Directive Principles aim to establish a welfare state. They promote equal distribution of wealth,
adequate means of livelihood, equal pay for equal work, protection of workers, free legal aid,
and improvement of public health. They also encourage education, protection of environment,
and promotion of international peace.
Though not legally enforceable, Directive Principles play a crucial role in strengthening human
rights and improving the quality of life of citizens.
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Relationship between Fundamental Rights and Directive Principles
Fundamental Rights and Directive Principles are complementary to each other. Fundamental
Rights ensure political democracy, while Directive Principles aim at social and economic
democracy. Together, they help in achieving the goals of justice, liberty, equality, and fraternity
as mentioned in the Preamble of the Constitution. Courts often interpret Fundamental Rights in
the light of Directive Principles to expand the scope of human rights.
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National Human Rights Commission (NHRC)
The National Human Rights Commission of India was established in 1993 under the Protection
of Human Rights Act. It is an independent statutory body created to protect and promote human
rights in the country. The NHRC consists of a Chairperson and members who are experts in law
and human rights.
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Functions of NHRC
---
Introduction
Institutions and processes play an important role in the protection and promotion of human
rights. In India and at the international level, several institutions work to ensure that human
rights are respected and protected. These include constitutional provisions such as
Fundamental Rights and Directive Principles, national bodies like the National Human Rights
Commission, non-governmental organizations, the judiciary, and the media. Together, these
institutions and processes help prevent human rights violations, provide justice to victims, and
create awareness among people.
---
Fundamental Rights in India
Fundamental Rights are basic human rights guaranteed by the Constitution of India to all
citizens. They are given in Part III of the Constitution. These rights are essential for the
development of individuals and for the functioning of a democratic society. Fundamental Rights
protect individuals from arbitrary actions of the state and ensure equality and freedom.
The Right to Equality ensures equality before law and equal protection of laws. It prohibits
discrimination on the grounds of religion, race, caste, sex, or place of birth. It also abolishes
untouchability and titles.
The Right to Freedom includes freedoms such as freedom of speech and expression, freedom
of assembly, freedom of association, freedom of movement, freedom of residence, and freedom
to practice any profession. These rights are necessary for democratic participation.
The Right against Exploitation prohibits human trafficking, forced labour, and child labour. It
protects individuals from exploitation and abuse.
The Right to Freedom of Religion guarantees freedom of conscience and the right to profess,
practice, and propagate religion. It ensures religious tolerance and secularism.
Cultural and Educational Rights protect the rights of minorities to preserve their culture,
language, and educational institutions.
The Right to Constitutional Remedies allows citizens to approach courts for the enforcement of
Fundamental Rights. It is considered the heart of the Constitution.
, ---
Directive Principles of State Policy
Directive Principles of State Policy are given in Part IV of the Indian Constitution. They are not
enforceable by courts, but they are fundamental in the governance of the country. These
principles guide the state in making laws and policies aimed at social and economic justice.
Directive Principles aim to establish a welfare state. They promote equal distribution of wealth,
adequate means of livelihood, equal pay for equal work, protection of workers, free legal aid,
and improvement of public health. They also encourage education, protection of environment,
and promotion of international peace.
Though not legally enforceable, Directive Principles play a crucial role in strengthening human
rights and improving the quality of life of citizens.
---
Relationship between Fundamental Rights and Directive Principles
Fundamental Rights and Directive Principles are complementary to each other. Fundamental
Rights ensure political democracy, while Directive Principles aim at social and economic
democracy. Together, they help in achieving the goals of justice, liberty, equality, and fraternity
as mentioned in the Preamble of the Constitution. Courts often interpret Fundamental Rights in
the light of Directive Principles to expand the scope of human rights.
---
National Human Rights Commission (NHRC)
The National Human Rights Commission of India was established in 1993 under the Protection
of Human Rights Act. It is an independent statutory body created to protect and promote human
rights in the country. The NHRC consists of a Chairperson and members who are experts in law
and human rights.
---
Functions of NHRC
