International Journal For Multidisciplinary Research

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Enhancing Human Rights Protections: Legislative and Judicial Responses in India Amid the Human Rights Movement

Author(s) Debarshi, Khamrui
Country India
Abstract Since the dawn of human civilization, individuals have strived to secure fundamental rights, which later became known as human rights. The liberal political philosopher John Locke identified the right to life, liberty, and property as the foundational rights of all humans. Throughout history, people have organized movements globally to challenge monarchies, arbitrary government actions, slavery, and servitude. The concept of human rights has evolved with the establishment of democratic systems, the rule of law, active civil societies, and the separation of powers across governmental levels. Before the outbreak of World War II, some democratic rights existed; however, totalitarian regimes often restricted or suppressed these rights. In the post-World War II era, rapid decolonization occurred, leading many nations to gain independence from colonial rule. The devastation of World War II prompted the international community to establish the United Nations (UN), with the UN Charter proclaiming human rights on December 10, 1948. Today, people worldwide have access to civil, political, cultural, educational, and economic rights, and an array of newer rights as well.
In the Constitution of independent India, fundamental rights of citizens were enshrined in Articles 14 to 35. However, during a period of emergency in 1975, these rights were suspended. The Indira Gandhi-led Union Government, utilizing emergency powers, enacted several draconian laws that targeted political opponents and restricted the right to engage in democratic activities. This led to the emergence of the human rights movement in India. Subsequently, the National Human Rights Commission was constituted to monitor and address human rights issues in the country. The Supreme Court, acting as the guardian of the constitution and protector of human rights, has delivered numerous noteworthy judgments aimed at improving the conditions of marginalized communities such as women, children, scheduled castes, and scheduled tribes. The court has also taken steps to safeguard the rights of bonded laborers, undertrial prisoners, and detainees. These efforts have played a crucial role in upholding the principles of justice, equality, and dignity for all individuals in Indian society.
Keywords Strived, Human rights, Servitude, Totalitarian regimes, Devastation, Draconian laws, Marginalized communities.
Field Sociology > Politics
Published In Volume 6, Issue 3, May-June 2024
Published On 2024-05-31
Cite This Enhancing Human Rights Protections: Legislative and Judicial Responses in India Amid the Human Rights Movement - Debarshi, Khamrui - IJFMR Volume 6, Issue 3, May-June 2024. DOI 10.36948/ijfmr.2024.v06i03.18637
DOI https://doi.org/10.36948/ijfmr.2024.v06i03.18637
Short DOI https://doi.org/gtw6ts
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