Fundamental Duties, strongly affirming the view that both the State and its citizens have duties to
perform and strive towards excellence.
3.5
The basic framework for a rights-based regime as enshrined in the Constitution is
supplemented by a series of laws enacted by the Parliament. These inter alia include specific
legislations for marginalized groups, like women, children, Scheduled Castes, Scheduled Tribes,
persons with disabilities, etc. In addition to constitutional provisions and domestic laws, the
international covenants to which India is a party, also form the basis of protection and promotion
of human rights.
3.6
The most significant human rights legislation in the country is the Protection of Human
Rights Act, 1993 as amended vide the Protection of Human Rights (Amendment) Act, 2006. It
provides for the establishment of the National Human Rights Commission, State Human Rights
Commissions and Human Rights Courts. The enactment of this Act is the strongest reaffirmation
by Parliament that respect for the rights of people of India is central to the nation's well being,
progress and integrity. Section 2(d) of the Protection of Human Rights Act defines “human rights”
as the rights “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”.
Section 2(f) of the Act defines “International Covenants” as the “International Covenant on Civil
and Political Rights and the International Covenant on Economic, Social and Cultural Rights
adopted by the General Assembly of the United Nations on the 16th December, 1966 and such
other Covenant or Convention adopted by the General Assembly of the United Nations as the
Central Government may, by notification, specify.”
3.7
The human rights framework in India has been further strengthened by the judiciary,
especially where rights have not been clearly spelt out in the Constitution or the laws. For example,
Article 21 in Part III (Fundamental Rights) of the Constitution merely states: “Protection of life and
personal liberty. — No person shall be deprived of his life or personal liberty except according to
procedure established by law.” But the Supreme Court's jurisprudence on Article 21 has expanded
its scope to cover a range of rights necessary for leading a life with dignity, namely, right to health,
education, clean environment, speedy trial, privacy, etc.
Challenges
3.8
Challenges to human rights in India are to be viewed in the backdrop of the unparallel
linguistic, religious and cultural diversity of the country. It is this diversity that is India's greatest
strength as well as its greatest challenge in terms of planning and implementing development
imperatives. Moreover, in some parts of the country, the scourge of militancy and terrorism has
made the task of protecting the basic human rights of people difficult.
14 National Human Rights Commission