( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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PROTECTION OF HUMAN RIGHTS UNDER INDIAN LAW

    1 Author(s):  SS GOPAKUMAR

Vol -  3, Issue- 3 ,         Page(s) : 37 - 39  (2012 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Human rights are derived from the principle of Natural Law. They reside inherently in the individual human being independent of, and even prior to his participation in the society. Consequently they are the result of recognition of the state, but they are logically independent of the legal system for their existence .On December 10, 1948, the General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights. The declaration itself state that to implement its provisions is not obligatory to the state parties. These may be taken to be the Directive Principles of International policy of the United Nations. In the Constitution of India, which came into force on 26th January, 1951, most of the rights enshrined in the universal Declaration of Human rights 1948 were incorporated. Human Rights as they are named in the Covenants have also been adopted as the law of India on Human Rights, as stated in the Protection of Human rights Act 1993.

1. The 'human rights'' means the right relating to life, Liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India. S.2 (d)
2. P.Chanrssekara Rao,The Indian Constitution and International Law7(1993)
3. Jolly Jeorge Vs. Bank of Cochin, AIR 1980 SC 470
4. Kesaanantha Bharathi Sripadogalvaru v. State of Kerala,AIR 1973 SC 1461 
5. Human Rights Features, HRF/26/00, 25 September 2000
6. Art. 4 of the International Covenant on Civil and Political Rights, 1966

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