Two
Freedom from Discrimination
2.1 The demand for Fundamental Rightsthat would bejusticiable and non-derogable,and
inscribed in a Constitudon written by the representadves ofan IndependentIndia,wascentral
to the fight for fi^edom.Such a Consdtution was adopted on 26 November 1949,and the
fifdeth anniversary ofits commencement was celebrated during the period covered by this
report, on 26 January 2000, at the threshold of a new millennium.
2.2 Parts III and IV ofthat Constitution,which have been described as its heart and soul,
and which comprise the Fundamental Rights and Direcdve Principles of State Poli^,
incorporate the major provisions ofthe Universal Declaradon ofHuman Rights,which was
itselfadopted on 10 December 1948.The similar vision ofboth is not surprising. Eminent
Indians were closely associated with the writing ofthe latter,just as the provisions ofthefuture
Consdtution were being debated and the process of drafting it was beginning.
2.3 The nation is thus deeply dedicated to the cause ofhuman rights and the promotion
and protection ofsuch rights is, and must remain,central to the national purpose.Indeed,
in the years since Independence,and acting in a manner that is true to this purpose,India
has participated in the drafting and adoption ofsome 70 international instruments relating
to human rights under the aegis of the United Nations,and it is a State party to 17 human
rights treaties that have been elaborated by the World Organization.
2.4 In earlier Annual Reports, this Commission has commented on the special namre of
the challenges and difficulties facing the country in protecting civil and political rights,
particularly ata time when it is feeing insurgency and terrorism.Those reports have also dwelt
on the factors inhibiting the proper observance ofeconomic and social rights in a situation
in which widespread disparities persist, disparities which themselves often stem from
unacceptable and ancientsocietal attitudes that discriminate between oneIndian and another
and render some of the people of this country less equal than others.
2.5 It was sobering to recall this even as the nation observed the Golden Jubilee of the
Republic—for the Constitution by which India is to be governed expressly proclaims equality
before law in its Article 14,and Article 15 unequivocally prohibits discrimination on grounds
ofreligion,race,caste,sex or place ofbirth, both provisions being crucial to the furtherance
of human rights and to human development itself.