Advocate general short notes Essay
Advocate general short notes
Today human rights are central to the discourse of International Public Policy and Scholarship. And the mechanisms have evolved dramatically since the signing of the Universal Declaration of Human Rights (UDHR) on 10 December 1948. Human Rights do not exist in a vacuum, inevitably, they are formulated by individuals and state and they are implemented by states themselves. However, a number of national, regional and international bodies exercise responsibility for overseeing the monitoring of human rights and ensuring that states comply with obligation.
The Constitution of India was drafted by the Constituent Assembly on 9th December, 1946 and after long discussions and debates by the foremost legal luminaries and thinkers of our country the draft Constitution was finally adopted on 26th November, 1949. The framers of the Indian Constitution were influenced by the concept of human rights and guaranteed most of human rights contained in the UDHR. The UDHR contains Civil and Political as well as Economic Social and Cultural rights.
While Civil and Political rights has been incorporated in Part III of Indian Constitution i. e. Fundamental Rights, as Economic Social and Cultural rights have been incorporated in Part IV of the Constitution i. e. Directive Principles of States Policy. The inclusion of important provisions of UDHR in the Constitution of India has given them supremacy over all other statutory provisions. The table shows that many of Civil and Political rights enshrined in the UDHR also find mentioned in Part III of Indian Constitution as Fundamental Rights.
However, these are certain rights which are contained in the UDHR but have not been expressly mentioned in the Constitution. These rights are; · No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment (Article5). Everyone has the right to recognition everywhere as a person before the law (Article 6). · Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him (Article 10) · Everyone
charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense [Article11. (1)]· No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, or to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks (Article 12. ) · Everyone has the right to leave any country, including his own, and to return to his country [Article13.
(2)] · Everyone has the right to a nationality [Article 15. (1)] · Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution [Article 16. (1)] Everyone has the right to take part in the government of his country, directly or through freely chosen representatives [Article 21. (1)] Article 21 of the Indian Constitution is of widest amplitude and several unremunerated rights fall within it. These rights are: Right to go abroad