LLM Subject: INTERNATIONAL HUMAN RIGHTS
Objective of the Course
This course provides an in-depth understanding of the International Human Rights framework,
emphasizing its historical origins, theoretical underpinnings, enforcement mechanisms, and
application to emerging global issues such as HIV/AIDS, transgender rights, and reproductive
autonomy.
Unit I: Human Rights
Indian Perspective
Indian Perspective on Human Rights
Constitutional Framework
The Indian Constitution serves as a comprehensive document ensuring the protection and
promotion of human rights. The framework for human rights is primarily anchored in Part III
(Fundamental Rights) and Part IV (Directive Principles of State Policy), reflecting a blend of
enforceable rights and aspirational goals.
Part III: Fundamental Rights
1. Article 14 – Right to Equality
● Guarantees:
○ Equality before the law: Everyone is equal under the law, irrespective of their
status.
○ Equal protection of laws: Requires the state to ensure no arbitrary
discrimination.
● Prohibits:
○ Discrimination based on religion, race, caste, sex, or place of birth.
○ Promotes fairness and non-arbitrariness in governance.
● Example in Practice:
1
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, ○ Reservation policies for Scheduled Castes (SC), Scheduled Tribes (ST), and Other
Backward Classes (OBCs) are justified under the principle of protective
discrimination.
2. Article 19 – Freedoms
● Provides six essential freedoms:
○ Freedom of speech and expression (Article 19(1)(a)): Allows individuals to
voice their opinions freely.
○ Freedom to assemble peacefully (Article 19(1)(b)): Ensures the right to protest
within lawful boundaries.
○ Freedom to form associations (Article 19(1)(c)): Encourages collective actions
and trade unions.
○ Freedom to move freely (Article 19(1)(d)): Ensures the right to travel across
India.
○ Freedom to reside and settle (Article 19(1)(e)): Permits living in any part of the
country.
○ Freedom of trade, occupation, or business (Article 19(1)(g)): Safeguards
economic liberty.
● Reasonable Restrictions: Freedom under Article 19 is not absolute and can be restricted
in the interest of sovereignty, public order, morality, etc.
3. Article 21 – Right to Life and Personal Liberty
● The cornerstone of human rights in India, Article 21 states:
○ "No person shall be deprived of his life or personal liberty except according to the
procedure established by law."
● Over the years, the judiciary has interpreted "life" expansively to include:
○ Dignity
○ Livelihood
○ Privacy
○ Health
○ Education
● Judicial Activism:
○ This article has been interpreted in light of evolving societal needs, transforming
it into a living right.
2
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, Part IV: Directive Principles of State Policy (DPSPs)
While DPSPs are non-justiciable (not enforceable by courts), they outline the socio-economic
and political goals for the state, forming the bedrock of good governance. They aim to
supplement fundamental rights by providing conditions necessary for a dignified life.
Key Provisions:
1. Article 39(a): Right to adequate means of livelihood.
2. Article 41: Right to work, education, and public assistance in case of unemployment, old
age, or sickness.
3. Article 47: Duty of the state to improve public health and nutrition.
4. Article 48: Focus on environment and agriculture, promoting sustainable practices.
Together, these principles guide legislation to address inequalities and social welfare.
Case Law: Maneka Gandhi v. Union of India (1978)
This landmark case revolutionized the interpretation of Article 21, making it a dynamic right.
Facts of the Case:
● Maneka Gandhi’s passport was impounded by the government without providing her
adequate reasons, citing public interest under the Passports Act, 1967.
● She challenged this action, claiming it violated her right to life and liberty under Article
21.
Judgment:
● The Supreme Court ruled in favor of a broader interpretation of Article 21:
○ Procedure established by law must be fair, just, and reasonable.
○ This decision introduced the principle of substantive due process in Indian
jurisprudence.
● Expanded the meaning of "life" to include:
○ Dignity, freedom to travel, and personal autonomy.
● Declared that Articles 14, 19, and 21 must be read together, forming a golden triangle of
rights.
3
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, Impact of the Case:
1. Elevated Article 21 as a repository of human rights.
2. Strengthened the relationship between fundamental rights and the rule of law.
3. Inspired judicial interpretations that progressively incorporated diverse human rights:
○ Right to education (Mohini Jain v. State of Karnataka).
○ Right to privacy (K.S. Puttaswamy v. Union of India).
○ Right to a clean environment (MC Mehta v. Union of India).
Conclusion
The constitutional framework, underpinned by the interplay of Part III and Part IV, ensures a
robust protection of human rights in India. The progressive judicial interpretations, especially in
Maneka Gandhi, have transformed fundamental rights into dynamic tools for justice and
equality, reinforcing India's commitment to human dignity and constitutional morality.
International Perspective on Human Rights
Universal Declaration of Human Rights (UDHR), 1948
The Universal Declaration of Human Rights (UDHR) is a landmark document that established
global human rights norms. It was adopted by the United Nations General Assembly on
December 10, 1948, as a response to the atrocities of World War II. Though not legally binding,
it forms the foundation of international human rights law.
Key Features
1. Milestone in Codifying Human Rights:
○ The UDHR is considered the first global expression of rights to which all human
beings are entitled.
○ It influenced numerous international treaties, national constitutions, and laws.
2. Core Principles:
○ Universality: Rights apply to every individual, irrespective of nationality, race,
gender, or religion.
○ Equality: Ensures that all individuals are equal in dignity and rights.
4
for notes on other subjects, drop a mail on:
Objective of the Course
This course provides an in-depth understanding of the International Human Rights framework,
emphasizing its historical origins, theoretical underpinnings, enforcement mechanisms, and
application to emerging global issues such as HIV/AIDS, transgender rights, and reproductive
autonomy.
Unit I: Human Rights
Indian Perspective
Indian Perspective on Human Rights
Constitutional Framework
The Indian Constitution serves as a comprehensive document ensuring the protection and
promotion of human rights. The framework for human rights is primarily anchored in Part III
(Fundamental Rights) and Part IV (Directive Principles of State Policy), reflecting a blend of
enforceable rights and aspirational goals.
Part III: Fundamental Rights
1. Article 14 – Right to Equality
● Guarantees:
○ Equality before the law: Everyone is equal under the law, irrespective of their
status.
○ Equal protection of laws: Requires the state to ensure no arbitrary
discrimination.
● Prohibits:
○ Discrimination based on religion, race, caste, sex, or place of birth.
○ Promotes fairness and non-arbitrariness in governance.
● Example in Practice:
1
for notes on other subjects, drop a mail on:
, ○ Reservation policies for Scheduled Castes (SC), Scheduled Tribes (ST), and Other
Backward Classes (OBCs) are justified under the principle of protective
discrimination.
2. Article 19 – Freedoms
● Provides six essential freedoms:
○ Freedom of speech and expression (Article 19(1)(a)): Allows individuals to
voice their opinions freely.
○ Freedom to assemble peacefully (Article 19(1)(b)): Ensures the right to protest
within lawful boundaries.
○ Freedom to form associations (Article 19(1)(c)): Encourages collective actions
and trade unions.
○ Freedom to move freely (Article 19(1)(d)): Ensures the right to travel across
India.
○ Freedom to reside and settle (Article 19(1)(e)): Permits living in any part of the
country.
○ Freedom of trade, occupation, or business (Article 19(1)(g)): Safeguards
economic liberty.
● Reasonable Restrictions: Freedom under Article 19 is not absolute and can be restricted
in the interest of sovereignty, public order, morality, etc.
3. Article 21 – Right to Life and Personal Liberty
● The cornerstone of human rights in India, Article 21 states:
○ "No person shall be deprived of his life or personal liberty except according to the
procedure established by law."
● Over the years, the judiciary has interpreted "life" expansively to include:
○ Dignity
○ Livelihood
○ Privacy
○ Health
○ Education
● Judicial Activism:
○ This article has been interpreted in light of evolving societal needs, transforming
it into a living right.
2
for notes on other subjects, drop a mail on:
, Part IV: Directive Principles of State Policy (DPSPs)
While DPSPs are non-justiciable (not enforceable by courts), they outline the socio-economic
and political goals for the state, forming the bedrock of good governance. They aim to
supplement fundamental rights by providing conditions necessary for a dignified life.
Key Provisions:
1. Article 39(a): Right to adequate means of livelihood.
2. Article 41: Right to work, education, and public assistance in case of unemployment, old
age, or sickness.
3. Article 47: Duty of the state to improve public health and nutrition.
4. Article 48: Focus on environment and agriculture, promoting sustainable practices.
Together, these principles guide legislation to address inequalities and social welfare.
Case Law: Maneka Gandhi v. Union of India (1978)
This landmark case revolutionized the interpretation of Article 21, making it a dynamic right.
Facts of the Case:
● Maneka Gandhi’s passport was impounded by the government without providing her
adequate reasons, citing public interest under the Passports Act, 1967.
● She challenged this action, claiming it violated her right to life and liberty under Article
21.
Judgment:
● The Supreme Court ruled in favor of a broader interpretation of Article 21:
○ Procedure established by law must be fair, just, and reasonable.
○ This decision introduced the principle of substantive due process in Indian
jurisprudence.
● Expanded the meaning of "life" to include:
○ Dignity, freedom to travel, and personal autonomy.
● Declared that Articles 14, 19, and 21 must be read together, forming a golden triangle of
rights.
3
for notes on other subjects, drop a mail on:
, Impact of the Case:
1. Elevated Article 21 as a repository of human rights.
2. Strengthened the relationship between fundamental rights and the rule of law.
3. Inspired judicial interpretations that progressively incorporated diverse human rights:
○ Right to education (Mohini Jain v. State of Karnataka).
○ Right to privacy (K.S. Puttaswamy v. Union of India).
○ Right to a clean environment (MC Mehta v. Union of India).
Conclusion
The constitutional framework, underpinned by the interplay of Part III and Part IV, ensures a
robust protection of human rights in India. The progressive judicial interpretations, especially in
Maneka Gandhi, have transformed fundamental rights into dynamic tools for justice and
equality, reinforcing India's commitment to human dignity and constitutional morality.
International Perspective on Human Rights
Universal Declaration of Human Rights (UDHR), 1948
The Universal Declaration of Human Rights (UDHR) is a landmark document that established
global human rights norms. It was adopted by the United Nations General Assembly on
December 10, 1948, as a response to the atrocities of World War II. Though not legally binding,
it forms the foundation of international human rights law.
Key Features
1. Milestone in Codifying Human Rights:
○ The UDHR is considered the first global expression of rights to which all human
beings are entitled.
○ It influenced numerous international treaties, national constitutions, and laws.
2. Core Principles:
○ Universality: Rights apply to every individual, irrespective of nationality, race,
gender, or religion.
○ Equality: Ensures that all individuals are equal in dignity and rights.
4
for notes on other subjects, drop a mail on:
