Human Rights and Civil Liberties — Definition
Definition
Human rights are universal moral principles or norms that describe certain standards of human behaviour and are regularly protected as natural and legal rights in local and international law. They are inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.
These rights range from the most fundamental, like the right to life, to those that make life worth living, such as the right to food, education, work, health, and liberty. Civil liberties, on the other hand, are specific freedoms that are guaranteed to individual citizens by law, typically enshrined in a constitution or bill of rights, protecting them from arbitrary governmental interference.
They are essentially a subset of human rights that focus on individual freedoms in relation to the state. In the Indian context, the distinction between human rights and civil liberties often blurs, as many universally recognized human rights are codified as 'Fundamental Rights' in Part III of the Constitution, thereby becoming legally enforceable civil liberties.
These Fundamental Rights (Articles 12-35) are negative obligations on the state, meaning they restrict the state from infringing upon individual freedoms. They include rights such as equality before law (Article 14), freedom of speech and expression (Article 19), protection of life and personal liberty (Article 21), and freedom of religion (Article 25).
The concept of human rights in India extends beyond these constitutionally guaranteed civil liberties to encompass broader socio-economic and cultural rights, often reflected in the Directive Principles of State Policy (DPSP) (Articles 36-51).
While not directly enforceable by courts, DPSPs are fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws. They represent the aspirational goals for the state to achieve, such as the right to work, education, and public assistance, and the right to an adequate means of livelihood.
The judiciary, through its expansive interpretation, particularly of Article 21, has infused many of these socio-economic rights with the enforceability of Fundamental Rights. Furthermore, India's commitment to international human rights instruments like the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR) also shapes its understanding and implementation of human rights, influencing domestic legislation and judicial pronouncements.
The National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs) are statutory bodies established under the Protection of Human Rights Act, 1993, to further safeguard and promote human rights across the nation, investigating violations and recommending remedial measures.
Thus, in India, human rights and civil liberties are intertwined, with Fundamental Rights forming the core legal protection, supplemented by Directive Principles, international commitments, and institutional mechanisms.