REFLECTION OF THE INTERNATIONAL BILL OF RIGHTS IN THE CONSTITUTION OF INDIA: AN ANALYSIS
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Abstract
“The rights of every man are diminished when the rights of one man are threatened.”
― John F. Kennedy
The world witnessed the scourge of two mighty wars in the twentieth century. The massive violations of the human rights of the common man by the State were the laws of the day. The United Nations formed after the Second World War enjoys the laurels of laying down the foundation of the modern human rights treaty regime. There is no provision for the protection of the human rights in the Charter though there is reference to the need for the protection by the UN Bodies. The Universal declaration of the human rights has become the world constitution for the human rights with two specific arms: ICCPR and ICESR. Most of the world nations were not sovereign when the United Nations adopted the UDHR. Despite this, the countries have incorporated the provisions of the UDHR in their respective constitutions.
The aim of the article is to analyse the influence of the International Bill of Human Rights in the Indian Constitution. The Indian Constitution being the the world’s longest constitution has an elaborative provisions for the protection of the human rights in the form of the fundamental rights guaranteed under Part III of the constitution. The judiciary also has played significant role in protecting and upholding the fundamental rights’ of the citizens against the state. through the activist role played by the court the ambit of the fundamental rights have been elaborated and many human rights have been included as the fundamental rights under the Part III though there is no express provisions in the part and guaranteed the protection.
The article will begin with brief note on the concept of the human rights and the origin of the human rights with special focus on the United Nations Charter. The idea of the international bill of rights will be analysed by the author. The idea of human rights as reflected by the Indian constitution, the provisions of the Indian constitution for the protection for the human rights, the mechanisms available for the same will also be looked into. The role played by the judiciary, its activist role in protecting the fundamental rights of various sections of the society will be looked into. The treaty obligations of India towards the International human rights regime in the form of the measures taken at the domestic level for the implementation including the institutional mechanism are also included. The author tries to compare the role played by the judiciary and these institutional mechanisms in the human rights protection in the country which will be followed by the conclusions and the suggestions.
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