Human Rights in India

What are Human Rights in India?

Human rights in India are a foundational framework for democracy. Being included in the Constitution and given the required protection through different laws and international conventions. These rights can be derived from the fundamental rights of dignity, equality, freedom etc as being guaranteed to every citizen in India irrespective of their status and condition. The constitution specifically part III talks about the fundamental rights by which it provides a strong protection for these rights against the state’s power. Further, the judiciary also plays an important role in the protection of human rights in India by interpreting and enforcing the law rightfully as required. Moreover, institutions established like the National Human Rights Commission (NHRC) also make safeguards strong for human rights and its promotion is made throughout the country. For aspirants, a comprehensive understanding of these rights and the evolution of human rights in India is important because they are not just required in the legal profession but also often in competitive exams.

The Importance of Human Rights in India

Human rights in India is an important part for the aspirants to prepare for the competitive exams. It is the foundation for the nation’s legal and moral structure. Asghar Ali Engineer is widely regarded as the "Father of Human Rights in India" because of his tireless efforts to promote and protect human rights. Human rights are important for anyone who wants to have a fundamental knowledge of the principles like the principle of justice, equality and dignity. Therefore it becomes very important for legal practitioners. For future lawyers, an in-depth understanding of human rights not only helps in exam preparation but also gives them skills to address the key challenges present in society. Here are the importance of Human Rights in India:

1. Relevant for Constitutional Law: Human rights have been immersed in the Indian constitution, specifically fundamental rights given to Indian citizens. Hence, knowing it becomes important for interpreting and application of the Indian Constitution. Therefore it becomes crucial for the aspirants to prepare for exams.

2. Interpretation by Judiciary: In India, the judiciary has always played an important role in expanding and protecting human rights through various landmark judgments. Being familiar with these interpretations can help law aspirants analyze different case laws, giving them critical skills for exams.

3. Relevant for Current Affairs: Human rights supply very frequent updates concerning current affairs which is an inseparable part of competitive exams. Being up to date with current affairs around human rights increases the chances of the candidate’s chances to solve the questions easily.

Human Rights in India Syllabus

The Human Rights in India syllabus is important for all the students who are preparing for the competitive exams in India. It gives you an in-depth knowledge of the evolution of human rights in india legal structure, judicial announcement and international conventions which help in protecting and promoting these fundamental rights. Here is the syllabus of Human Rights of India:

1. Citizenship in India

2. Citizenship Act 1955

3. Preamble of the Indian Constitution

4. Provisions in the Citizenship (Amendment) Act, 2019

Brief Description of Chapters in Human Rights of India

1. Citizenship in India: Citizenship in India is a foundational feature of the human rights syllabus because it defines the legal relationship between the citizens and the state. It is inclusive of their rights, responsibilities and privileges. In the Indian constitution, the citizenship is given in Part II giving details about who can be considered as the citizen from the commencement of the constitution. It defines various ways through which a person can acquire citizenship that is inclusive of birth, descent, registration and naturalization. The Indian Citizenship Act of 1955 further helps in explaining these provisions. It includes the ground for the acquiring and giving up of citizenship. Acquiring the knowledge of citizenship is important for the aspirants. Therefore, it gives the fundamental knowledge of the foundation for the legal identity in the country. Hence makes it the most important topic for legal examination and legal practice.

2. Citizenship Act 1955: The Citizenship Act of 1955 is a crucial statute in India as it gives the legal structure for acquiring, deciding and terminating citizenship. It particularly gives different methods of acquiring citizenship for example such as by birth, descent, registration, naturalization, and incorporation of territory, each with its own set of conditions and criteria. It further gives the abandonment of citizenship under different circumstances. There have been various amendments to the act over these years addressing the evolution of the issues related to citizenship. It has reflected various changes in national policy and international conventions. As a law aspirant, an in-depth knowledge of the Citizenship Act of 1955 is important because it is a key component of the syllabus of Human rights in India which helps in defining the rights and duties of the Indian citizens.

3. The preamble of the Indian Constitution: The preamble of the Indian Constitution is a deep introduction statement that summarizes the true essence, values and guiding principles of our Indian Constitution. It further declares that India is a Sovereign, Socialist, Secular, and Democratic Republic, ensuring justice, liberty, equality, and fraternity for all its citizens. Also, this preamble acts as a guiding light for the interpretation of the constitution giving down the fundamental principles for the protection and promotion of human rights in India. As a law student, having an understanding of the Preamble is important as it provides the underlying principles of the Constitution. Moreover, reflecting the commitment towards upholding human dignity and social justice, making sure of the rule of law. Therefore, it becomes an essential topic for the Human rights syllabus for the competitive exams.

4. Provisions in the Citizenship (Amendment) Act, 2019: The Citizenship (Amendment) Act, 2019 introduced a major change in the Indian citizenship structure particularly regarding the inclusion of persecuted minorities from our neighbour countries i.e. Afghanistan, Bangladesh and Pakistan. This act has brought up an amendment in the Citizenship Act of 1955 allowing Hindu, Sikh, Buddhist, Jain, Parsi, and Christian migrants from the mentioned countries who entered India before December 31, 2014, to apply for Indian citizenship. The CAA has been subjected to widespread debates and controversy specifically related to Muslim immigrants. Raising the important question of the equality and secularism given under our constitution. Understanding the CAA is important for law students as it dissects between human rights, constitutional and most importantly current affairs.