Question

Which of the following is a Human Right recognised under the Universal Declaration of Human Rights and the Constitution of India?

1. All are equal before the law.
2. No one shall be subjected to arbitrary arrest, detention or exile.
3. Everyone has the right to freedom of opinion and expression.
4. Everyone has the right to freedom of thought, conscience and religion.

• A. ii only
• B. iv only
• C. All of these
• D. iii, iv

Answer 1

Answer:

C. All of these

Indian Polity - Fundamental Rights & Universal Declaration of Human Rights

Universal Declaration of Human Rights (UDHR)

• The UDHR was adopted by the United Nations General Assembly on December 10, 1948.

• It is a milestone document in the history of human rights, setting out for the first time the fundamental human rights to be universally protected.

• The UDHR consists of 30 articles, covering civil, political, economic, social, and cultural rights.

Constitution of India - Fundamental Rights

• Part III of the Constitution of India enshrines Fundamental Rights.

• These rights are guaranteed to all citizens and are essential for the all-round development of individuals.

• Fundamental Rights are justiciable, meaning they can be enforced by courts.

Interrelation between UDHR and Indian Constitution

• Many provisions of the UDHR have been incorporated into the Fundamental Rights chapter of the Indian Constitution.

• This reflects India's commitment to international human rights standards.

Specific Rights and their Recognition

• Equality before the law (Article 7 of UDHR & Article 14 of Indian Constitution):

  • Ensures that all individuals are treated equally under the law, without discrimination.

  • This is a cornerstone of modern democracies and a crucial aspect of justice.

• Protection against arbitrary arrest and detention (Article 9 of UDHR & Article 22 of Indian Constitution):

  • Safeguards individuals from unlawful imprisonment and detention.

  • It mandates that arrest or detention must be based on legal grounds and procedures.

• Freedom of opinion and expression (Article 19 of UDHR & Article 19(1)(a) of Indian Constitution):

  • Guarantees the right to hold opinions without interference and to seek, receive, and impart information and ideas through any media.

  • This is vital for a democratic society and informed public discourse.

• Freedom of thought, conscience, and religion (Article 18 of UDHR & Articles 25-28 of Indian Constitution):

  • Protects the right of every person to have freedom of religion or belief, including the freedom to change their religion or belief, and to manifest their religion or belief in teaching, practice, worship, and observance.

  • This right is fundamental to individual liberty and diversity.