“Human Rights”are the minimal rights, which every individual must have agaisnt the state or other public authority. The concept of Human Right is as old as the ancient doctrince of ‘Natural Rights’. This is the natural law.
The expression “Human Rights” is for the recent origin, put forwarded by United Nations Organisation in the International Charter and Convention, held on 25 June, 1945 at San Francisco , in order to achieve International co-operation in promoting and encouraging the respect for human rights without distinction as to race, caste, class, sex, language or religion. But the concrete step was taken by the United Nations General Assembly in December 1948, by adopting the Universal Declarations of Human Rights. But it was a mere statement without any machinery for enforcement. This deficiency was removed by United Nations General Assembly by adopting two agreements for observation of Human Rights in December, 1966, i.e. Agreement of Civil and Political Rights; and (2) Agreement on Economic, Social and Culutral Rights. The first agreement formulated the legally enforceable rights of individuals, whereas the second was proposed to the states to implement them by legislation. These two agreements came to enforced in December, 1976 after the requiste number of member states ratified them. Therefore, these agreements are legally binding on the ratifying them. Therefore, these agreements may not be a part of domestic law of state, but these agreements are enforceable through domestic courts. India adopted the International Agreement on Civil and Political rights in the year 1979. Therefore , India must strive for promotion and observation of rights recognised. When Indian Constitution was being drafted in the year 1949, the deliberation for Universal Declaration of Human Rights was in aid. The framers of Indian Constitution were influenced by human rights or ideals ,therefore, they were incorporated in the Constitution. Before the second round table conference, Mahtma Gandhi had announced that India aims to establish a political society, in which there would be no distinction between the high and low class of people, the women should enjoy he same rights s the men together with dignity and justice. This object inspired Jawaharlal Nehru in drafting the history and also Objective Resolution in the Constituent Assembly. These ideals were reflected in the Preamble of the constitution of India, which was adopted in the year 1949 with the specific mention of dignity of the Individual.
In the Indian constitution, the justiciable Human Rights were included in Part third (relating to the fundamental rights ), while non-justiciable and economic rights (dealing with the part four in directive principles of state policy). As to the first objective, Art. 51(c) was included as a Directive Principle of State Policy, which provides that the State shall endeavour to foster respects for international law and treaty-oblligations in the dealing of organised peoples with one another.
The supreme court of India has bee directing and enforcing non-justiciable Human Rights, which the Constitution has included them in part4 , n the directive Principles of state policy, which shall not be enforced by any court. This hurdle is overcomed through the Court power to issue ‘Directives’ under Art. 32 which is again confined to enforcement of Fundamental Rights in part of the constitution.
in SP Gupta Vs union of india, AIR 1982 SC 149 the suprme court has directed that under art 39-a the state will extend its cooperation and support to voluntary organisations in rendering and running Legal Aid Programme, Legal Aid camps and Lok Adalats, Further it is directed that
a. under art 39d to secure equal pay for equal work.
b.under art 39a to secure the citizens adequate means of livelihood.
c.under art 43 , the government is directed of offer minimum wages to workers engaged in drought relief opertaions.
d. under art 46 the state is directed to provide re-settlement who were displaced by working of the state dam Project.
e. under arat 48-a the state has been directed to protect and improve te environment and to safeguard forests and wild life of the country.
f.under art 39f the court has directed to bring children act without any dealy because of the obligation to protect the children.
