This whole article revolves around the one thing that is Human Rights in comparison to the US, as most of the human rights have been borrowed from the constitution of the US, so in this article, we will be comparing the human rights of India with the US and talking about the history of human rights, how human rights evolve during the time, what is the current situation of the human rights in India and how can we improve them with the help of the government.
SALONI SHARMA, BBA.LLB, FAIRFIELD INSTITUTE OF MANAGEMENT AND TECHNOLOGY
“Human rights are rights inherent to all human beings, regardless of their race, gender, nationality, religion or any other status. We are all entitled to Human Rights without discrimination.” UNITED NATIONS
With a majority of votes, India was elected to the United Nations Human Rights Council, demonstrating its international significance. Human rights are a set of principles that guarantee people the right to live in peace, harmony, dignity, liberty, and equality, regardless of their social labels (sex, creed, caste, gender, nation, and so on). In society. Because there is a core norm that applies to every human on the earth, this ensures the growth of individuals and communities. Human rights are a significant aspect of international law, including declarations, treaties, acts, regulations, and rules that are integrated into state laws. Human Rights can be defined as universal, absolute, interconnected, and unbiased.
HISTORY OF HUMAN RIGHTS
The United Nations in 1948 adopted the first global text, the Universal Declaration of Human Rights (UDHR), with more than 50 governments as supporters. Human rights, it was asserted, are a worldwide concern that can be both connected and absolute. The document is not legally enforceable, but it might be considered customary international law.
The Universal Declaration of Human Rights (UDHR) served as a framework for the establishment of the European Convention on Human Rights (ECHR), which was enacted in 1950 with the goal of protecting the human rights of individuals living in countries that are members of the Council of Europe. The “Convention on the Protection of Human Rights and Fundamental Freedoms” was signed by more than 40 countries, including the United Kingdom. The Human Rights Act of 1998 was later implemented as municipal law in the United Kingdom.
Before the human right act 1968, The European Court of Human Rights heard cases involving human rights violations. The Human Rights Act of 2000 offered citizens in the United Kingdom essential rights and freedoms, which were included in the nation’s municipal laws through the European Convention on Human Rights.
This Act covers the following topics:
- Cases involving human rights will be brought directly before a British court.
- To carry out public functions by public authorities.
- The new laws that will be enacted must be in accordance with the rights of the people.
International treaties and conventions assure the implementation of human rights, which are then modified into domestic laws by individual countries. There are particular laws being adopted to defend human rights, as well as specific authorities dedicated to protecting human rights and ensuring that the laws enacted are adequately enforced.
The International Covenant on Economic, Social, and Cultural Rights (ICESCR) was signed by India, and these were the rights mentioned in the constitution as Fundamental Rights, while the rights of the Economic and while the constitution was being drafted, the UDHR’s Human Rights provisions were taken into account, and the Supreme Court of India recognised them, allowing citizens to seek direct relief from the Supreme Court or a High Court under Article 32 or Article 226 of the constitution if their Fundamental Rights were violated. Social Councils (ECOSOC) were mentioned in the directive principles of state policy (DPSPs).
IMPORTANCE OF HUMAN RIGHTS
- Human rights ensure that everyone has access to fundamental necessities such as food, shelter, and education.
- Human rights will safeguard society’s most vulnerable members.
- The right to freedom of speech and expression is guaranteed under human rights.
- People’s religious freedom is protected by human rights.
- People have the right to education under human rights.
- Human rights safeguard the environment for the benefit of society and the individuals who live there.
- Human rights serve as a common baseline for ensuring that people’s rights are protected.
CURRENT SITUATION IN INDIA RELATED TO HUMAN RIGHTS.
When it comes to protecting an individual’s dignity and liberty, the role of the judiciary is critical. It is the defender of individual human rights since it not only protects but also interprets the scope of fundamental rights. In some of the significant instances, judicial pronouncements or interpretations have evolved through time and enlarged the scope of Human Rights in India.
According to a US study, India has a number of serious human rights issues, including arbitrary and unlawful murders, limits on freedom of expression and the press, corruption, and tolerance of religious freedom abuses. But, many organizations in India are working on the development of Human Rights and the National Human Rights Commission is one of them which is helping people in India related to human rights violations.
The commission was founded in 1993 by the Public Health Reform Act of 1993. The Paris Principles were adopted for the promotion and protection of human rights, which affected national institutions and led to the establishment of the National Human Rights Commission in India. The rights of the underprivileged and excluded are emphasized by the NHRC. As a result, it takes all necessary steps to ensure that no individual’s human rights are violated.
NHRC works on all the aspects related to human rights like educating people, making people aware of the laws and procedures related to human rights, safeguards the rights to health care, and also clean the environment, Not just the NHRC but many other NGOs and organizations working on these the main aim of these organizations is to educate people about their rights and come forward if anything is happening or if anyone violates their rights.
COMPARISON OF HUMAN RIGHTS IN INDIA WITH UNITED STATES
In the United States, the First Amendment guarantees press freedom, whereas, in India, it is inherent in Article 19(1)(a), which guarantees freedom of speech and expression. In India, petitioning the Supreme Court is a fundamental right, although, in the United States, it is the government that is petitioned (in the United States, the term “government” has a broader sense and includes not only the executive, but also the highest levels of government). The right to property was abolished as a fundamental right in India in 1978, but it is still a fundamental right in the United States since no property can be taken away without just recompense.
In the United States, the cybercrime legislations are different for every state and are made unique to suit the needs of each state. The law in the US started from THE COMPUTER FRAUD AND ABUSE ACT OF 1984 which was altered from time to time to meet new issues of malicious codes, trojan horses, etc. after this alteration the government was enabled to punish any person who broke the cyber law with the intention to cause harm without the knowledge of the owner of the computer. In 2002 the US government passed the cybersecurity enhancement act which helped the law agencies to give severe punishment for an individual who committed a computer crime and caused loss of monetary and emotional value. These punishments may vary from 5 to 20 years or may extend to life imprisonment but India also lacks cyber law.
Through this, we can really say that India needs to relook the laws related to all aspects which are dangerous to human privacy.
CONCLUSION AND SUGGESTIONS
Many of the rights found in the Indian Constitution were derived from the US Constitution, as is common knowledge. In addition, many Supreme Court decisions have incorporated some of the express rights in the US Constitution. However, it should be noted that the US Constitution is quite strict, as seen by the fact that it has only been altered 27 times in the last 225 years, whereas the Indian Constitution has been amended 70 times in the last 70 years, demonstrating its flexibility.
So, India should need rigid laws as with each new advancement in society, there are a plethora of new ways in which humans are exploited and their rights are infringed. Out of the requirements and necessities of society, new human rights interpretations are introduced by future generations. Especially in cyberspace, India is lacking in those sectors, and with the increment of technology cybercrime is increasing, so this needs to look. People should be taught and aware about human rights through campaigns or through education from elementary school, more NGOs should be opened by the government, they should also monitor and report breaches, and deep research on human rights is necessary so that we can improve all areas and know the opinion of people in which sections the rights of humans are being violated.
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