Human Rights in India: An Overview of Fundamental Rights in Part III of the Indian Constitution (Article 12-35)

The Constitution of India is one of the most comprehensive and progressive legal documents in the world. It not only serves as the supreme law of the land but also lays down the framework for the governance of a vast and diverse democracy. Its progressive approach to the protection of rights is a significant feature that makes it stand out among other national constitutions. From enshrining Fundamental Rights to safeguarding social justice and promoting equality, the Indian Constitution is unique in its design, principles, and mechanisms aimed at securing the rights and liberties of its citizens.

This article explore how the Constitution and the Fundamental Rights enshrined in Part III of the Constitution stands as a beacon for protection of human rights in India and why it is one of the most advanced in the world.

The Indian Constitution is renowned for its robust framework of Fundamental Rights, which are enshrined in Part III of the Constitution. These rights are not only comprehensive but also justiciable, meaning they can be enforced in a court of law if violated. 

Human rights are the bedrock upon which the dignity and freedom of individuals are built. They are universal, inalienable, and essential to the pursuit of justice and equality in society. Human rights in India are deeply embedded in the nation’s foundational legal framework. The Indian Constitution, adopted in 1950, is a powerful document that safeguards the human rights of every citizen. Part III of the Constitution, specifically dealing with Fundamental Rights, provides a clear and comprehensive framework for the protection of these rights.

Indian Constitution is the longest written constitution in the world, and it reflects the commitment of the framers of Constitution and the Indian state to uphold democracy, justice, and the rule of law. A pivotal feature of the Constitution is the recognition of human rights in India, and the mechanisms it establishes for their protection.

While India has been a signatory to various international human rights conventions such as the Universal Declaration of Human Rights (UDHR), the International Covenant on Civil and Political Rights (ICCPR), and other UN conventions and treaties, it is the Constitution that provides a concrete legal framework for ensuring these rights within the country. The Fundamental Rights part of the Indian Constitution is akin to a Bill of Rights, providing a solid legal foundation for the protection of individual and collective freedoms.

The Constitution not only enshrines rights but also outlines a structured legal process for enforcing them. Importantly, it guarantees justiciable rights—rights that can be enforced by the judiciary if violated. This is a crucial aspect because it allows citizens to approach the courts and seek remedies if their rights are infringed upon.

The Fundamental Rights enshrined in Part III of the Indian Constitution are a series of civil and political rights that serve as the cornerstone of personal freedom and human dignity. These rights are specifically designed to protect individuals against the arbitrary power of the state, ensuring that the state cannot infringe upon the basic freedoms of its citizens without just cause. There are six key categories of Fundamental Rights in India:

3.1 Right to Equality (Article 14 – Article 18)

The Right to Equality is a cornerstone of human rights in India. This set of rights ensures that all individuals are treated equally before the law, regardless of caste, creed, sex, religion, or place of birth. It contains several essential provisions, including:

Equality before the law (Article 14): This principle ensures that no one is above the law, and every individual is entitled to equal protection by the law.

Prohibition of discrimination (Article 15): Discrimination on the grounds of religion, race, caste, sex, or place of birth is prohibited.

Equality of opportunity (Article 16): This provision guarantees equal opportunities in public employment.

Abolition of untouchability (Article 17): Untouchability is abolished, and its practice in any form is forbidden.

Abolition of titles (Article 18): The Constitution forbids the granting of titles or distinctions that confer privilege or honour.

The Right to Equality is a strong protection against discrimination and ensures that all people, regardless of their background, have equal access to rights and privileges. The Right to Equality ensures that every individual in India enjoys equal treatment before the law, irrespective of caste, creed, religion, gender, or place of birth. Although, it prohibits discrimination and ensures that citizens have equal access to opportunities, particularly in matters of employment, public services, and education, it also provides for positive discrimination i.e. discrimination in favour of weaker sections of societies including SCs, STs and women.

3.2 Right to Freedom (Article 19 – Article 22)

The Constitution guarantees a broad spectrum of freedoms extend to every citizen, with limitations that ensure they do not conflict with public order, morality, or the sovereignty of the nation. The Right to Freedom is crucial for personal autonomy and the free exercise of rights. It includes:

Freedom of speech and expression (Article 19(1)(a)).

Freedom to assemble peaceably and without arms (Article 19(1)(b)). 

Freedom to form associations or unions or cooperative societies (Article 19(1)(c)).

Freedom to move freely throughout the territory of the country. (Article 19(1)(d))

Freedom to reside and settle in any part of the territory of India (Article 19(1)(e)).

Freedom to practice any profession or carry out any occupation, trade, or business (Article 19(1)(g)).

Article 20 provides protection in respect of conviction for offences i.e. no person shall be convicted except for the violation of any law. It also provides protection against retrospective conviction and greater penalty. It provides protection against double jeopardy i.e. no one can be prosecuted and punished for the same offence more than once. It also provides protection against self-incrimination i.e. no one can be compelled to be a witness against himself/herself.

Article 21 provides for protection of life and personal liberty. It is one of the most important provision of human rights in India. The provision enshrines that no one can be deprived of life and liberty except according to procedure established by law.

Article 21A provides for right to free and compulsory education to all the children of six to 14 years of age. This provision was inserted in 2002 by 86th Constitutional Amendment Act.

Article 22 provides protection against arrest and detention in certain cases. It provides certain rights to detainees including right to a legal attorney of one’s choice, rights to be produced before magistrate within 24 hours of arrest, etc.

While the Right to Freedom offers broad protections, it is subject to reasonable restrictions. The state can limit these freedoms in the interest of public order, security, or morality, preventive detentions, etc. Nonetheless, these rights form a core aspect of human rights in India, safeguarding citizens’ personal freedoms.

3.3 Right Against Exploitation (Article 23 – Article 24)

These provisions prohibiting human trafficking, forced labor, and child labor are crucial protections for some of the most vulnerable members of society. India’s approach to addressing exploitation is comprehensive, emphasising human dignity and the right to freedom from exploitation in all its forms.

The Right Against Exploitation ensures that individuals are protected from various forms of exploitation. It addresses issues like:

Prohibition of human trafficking and forced labor (Article 23): This provision prohibits trafficking in human beings and forced labor.

Prohibition of child labor (Article 24): Children under the age of 14 are prohibited from working in factories and mines, ensuring their protection from exploitation.

This set of rights ensures that vulnerable groups, particularly children and marginalised communities, are protected from exploitation and human trafficking, which are key human rights concerns.

3.4 Right to Freedom of Religion (Article 25 – Article 28)

India’s commitment to secularism is reflected in its guarantee of religious freedom. The Constitution allows individuals the right to profess, practice, and propagate their religion freely. It also prohibits discrimination based on religion, reinforcing India’s commitment to being a pluralistic society.

The Right to Freedom of Religion protects the religious freedoms of all individuals. Article 25 guarantees freedom of conscience and the free profession, practice, and propagation of religion. State can limit this rights in cases of public order, morality and health.

Article 26 provides for freedom to manage religious affairs. It provides for various rights to every religious denomination or any section: a) to establish and maintain institutions for religious and charitable purposes; b) to manage its own affairs in matters of religion; c) to own, acquire movable and immovable property; and d) to administer such property in accordance with law.

Article 27 includes provision providing freedom to people as to payment of taxes for promotion of any particular religion.

Article 28 reads that there is freedom as to attendance at religious instruction or religious worshiping certain educational institutions. It provides that no religious instruction shall be provided at state owned institutions and in other institutions if religious instructions are carried out than no person can be forced to attend the same. It ensures that religious freedom is maintained in educational settings.

3.5 Cultural and Educational Rights (Article 29 – Article 30)

These rights protect the cultural and educational interests of minority groups. They ensure protection of interests of minorities.

Article 29(1) states that any section of the citizens of India have the right to conserve their distinct culture, language, and script.

Article 29(2) states that no citizen shall be denied admission into any educational institution maintained by state or receiving state aid on grounds only of religion, race, caste, language, or any of them.  

Article 30 provides for rights of minorities to establish and administer educational institutions. All minorities based on religion or language shall have the right to establish and administer educational institutions of their choice.

The Cultural and Educational Rights are crucial for preserving the diverse cultural identity of India, ensuring that minority groups are not marginalised or deprived of their educational rights.

3.6 Right to Constitutional Remedies (Article 32)

The Right to Constitutional Remedies is one of the most important provisions in the Indian Constitution. It grants individuals the right to approach the Supreme Court or High Courts to seek enforcement of their Fundamental Rights if they are violated. This provision ensures that human rights in India are not just theoretical but are actively protected through judicial intervention. It ensures that violations of human rights in India are addressed promptly and efficiently, giving citizens a direct route to seek justice.

Article 32 enshrines remedies for the enforcement of fundamental human rights in India. It allows: (1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred in Part III. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights.

(3) Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2). (4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

The right to move to the courts is a powerful tool for enforcing human rights in India, ensuring that violations are addressed promptly and effectively.

The Fundamental Rights enshrined in the Indian Constitution are more than just a list of entitlements—they are essential for the protection of human dignity, equality, and liberty. The Indian state, as a democratic institution, derives its legitimacy from its ability to protect these rights.

One of the most significant aspects of these rights is their justiciability—the fact that individuals can approach the courts if their rights are violated. This mechanism ensures that citizens have recourse to legal remedies and that no one, not even the state, can infringe upon their rights without consequences.

Moreover, the Fundamental Rights are an expression of India’s commitment to human rights, reflecting global values of justice, equality, and non-discrimination. They ensure that citizens are free from arbitrary actions, whether from the state or private individuals, and that the rule of law is upheld.

The Indian judiciary has played a vital role in interpreting and expanding the scope of these rights. Over the years, landmark judgments by the Supreme Court of India have broadened the understanding of human rights to include socio-economic rights such as the right to education, the right to health, and the right to a clean environment. These judicial interventions have made the legal system one of the most progressive in protecting human rights in India.

The Indian Constitution has embedded legal mechanisms that ensure the effective protection and enforcement of rights. The Judiciary plays a central role in this, interpreting and upholding the Constitution’s provisions.

5.1 Independent Judiciary

India’s independent judiciary is one of the cornerstones of its Constitution. The judiciary is empowered to strike down any law or executive order that violates the Fundamental Rights of individuals. The Supreme Court and High Courts have a far-reaching mandate to review legislative and executive actions, ensuring they comply with constitutional principles. The judicial review process ensures that the rights of citizens are not subject to arbitrary decisions by the legislature or the executive.

5.2 Public Interest Litigation (PIL)

A groundbreaking legal innovation in India is the concept of Public Interest Litigation (PIL). PIL allows individuals, NGOs, and even the court itself to take up matters concerning human rights violations that affect the public at large. This has empowered marginalised communities and individuals to seek justice, even if they do not have the resources to file a case or are not directly affected. PIL has made the judiciary more accessible and responsive to societal issues, making it one of the most progressive aspects of the Indian legal system.

5.3 The Role of the Human Rights Commission

India’s National Human Rights Commission, established in 1993, acts as a watchdog to monitor and address human rights violations. The Commission plays a key role in investigating complaints, recommending compensation, and ensuring accountability for human rights violations. It also actively works on creating awareness about human rights across the nation.

The Constitution of India goes beyond traditional civil liberties and incorporates a commitment to social justice through affirmative action, welfare policies, and provisions aimed at reducing inequalities.

6.1 Directive Principles of State Policy (Part IV)

The Directive Principles of State Policy (DPSP), although non-justiciable, provide the government with a clear mandate to work towards social welfare and economic justice. These principles direct the government to secure a just and humane society by ensuring adequate livelihood, health care, education and housing for everyone. While they are not enforceable by law, they have been used by the judiciary to guide decisions that shape social policies.

6.2 Reservation and Affirmative Action

Reservation system in India for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs) ensures that the marginalised groups are not left behind in educational and employment opportunities. This affirmative action program, provided by the Constitution, is one of the most advanced attempts by any country to redress historical social inequalities and promote equal access for all citizens.

6.3 Special Provisions for Women, Children, and Vulnerable Groups

The Constitution also provides special provisions for the protection of the rights of women, children, and other vulnerable groups. For instance, Article 15 and 16 provides for positive discrimination, and Articles 23-24 protect children from exploitation and forced labor. Additionally, the Protection of Women from Domestic Violence Act, Child Labour (Prohibition and Regulation) Act, and other laws further fortify these constitutional provisions.

Another remarkable aspect of the Indian Constitution is its ability to adapt and evolve through judicial interpretation. Over time, the Indian judiciary has expanded the scope of Fundamental Rights to include various socio-economic rights that were not explicitly mentioned in the Constitution.

7.1 Right to Education

One such example is the Right to Education, which was made a Fundamental Right through the 86th Amendment in 2002, mandating free and compulsory education for children aged 6 to 14 years. This move was a step toward ensuring that every child in India has access to education, irrespective of their social or economic background.

7.2 Right to Privacy

The Right to Privacy, though not explicitly mentioned in the Constitution, was recognised as a fundamental right by the Supreme Court of India in 2017, in the landmark Puttaswamy case. The court’s decision reaffirmed India’s commitment to individual autonomy and freedom, ensuring that citizens’ right to privacy is protected against intrusive state actions.

The Constitution of India stands as a model of advancement when it comes to protecting the rights of its citizens. The Constitution’s emphasis on social justice, affirmative action, freedom, secularism, and judicial activism makes it a dynamic, evolving document that adapts to the changing needs of society. Whether it is through protecting basic freedoms, addressing inequality, or promoting human dignity, the Indian Constitution is not just a political document; it is a living instrument that serves as a robust foundation for human rights in India and sets a global benchmark for constitutional protections. 

Fundamental Rights in Part III of the Indian Constitution are integral to the protection of human rights in India. They are designed not just to protect individual freedoms but also to ensure that the democratic values of justice, equality, and liberty are maintained. The importance of the Indian Constitution in safeguarding these rights cannot be overstated—it forms the backbone of India’s legal and political system, ensuring that the state remains accountable and that the rights of all citizens, especially vulnerable and marginalised groups, are protected.

In an increasingly globalised world, where human rights abuses remain prevalent, the Fundamental Rights in India provide a robust framework for protecting individuals and ensuring that justice is accessible to all. The Constitution’s role in guaranteeing these rights underscores its commitment to upholding human dignity and advancing the cause of human rights in India. Through continued legal vigilance, judicial intervention, and active civil participation, India can strengthen its commitment to human rights, ensuring a just and equitable society for all.

Related posts:

Human Rights in the Age of AI: Policies and Politics Liberalism-From Enlightenment Ideals to Modern Challenges: Exploration of Its Ideals, Evolution, Global Impact, and Contemporary Relevance Human Rights and Constitutionalism: The Role of Constitutions in Safeguarding Human Rights and Balancing Individual Rights with State Power Proportional Representation Method and Democracy: A Comprehensive Analysis The Millennium Development Goals: Impact on the Landscape of Global Development Indian National Movement and Human Rights (1857–1947)