India’s Approach To Human Rights And Government Initiatives

Rahul Jamatia, B.A. LL.B., KLE Law College, Bengaluru

“Human rights are not only the rights of the human beings, but also about the responsibilities that the human beings must assume towards each other, and towards the broader ecosystems in which they live”

- Upendra Baxi1

ABSTRACT

From the very initiation of the steps of drafting the constitution of India to its adoption in 1949 and later coming into effect in the 1950s, the concepts of Human Rights were taken into the first pages of the provisions of the constitution. The Drafting Committee and the members of the constituent assembly came into one uniform decision to have a secular and democratic nation due to the idea of protecting human rights. The concept of human rights is way back to when Indians identified it before the adoption of the International Covenant on Civil and Political Rights in 1954. This was the period when the deliberation of the Universal Declaration was going on over the International Organizations, and by nature, only the framers were influenced by the concept of human rights. If we go according to the historical school of thought, it will be well subscribed by the scholars of human rights that India has encountered a series of evolutions in understanding human rights. Rooted in the ancient philosophies, including Vedas, Upanishads, and the teachings of enlightened beings like Adi- Shankara, Gautam Buddha and Jain tirthankaras, the ancient Indians have always emphasized the idea of dignity, integrity, equality, and the interest of the individuals. The concept of human rights that we see today embedded in Indian laws was due to the steps which were further taken by colonial struggles and the Indian freedom movement, with key figures and individuals such as Mahatma Gandhi advocating for the freedom of the citizens, non- violence and Justice to all. Therefore it can be considered that the concept of human rights in India are not new and it was obvious that the characteristics of the human rights be seen in the Laws enacted in parliament and the judgments made in the court.