Human Rights vs Fundamental Rights in India: Differences, Similarities & Legal Remedies
- Legal Journey
- 1 day ago
- 6 min read
Updated: 20 hours ago
Introduction
Rights form the backbone of a constitutional democracy. In India, the safeguarding of liberty, dignity, and equality is ensured through two complementary frameworks, namely., Human rights and Fundamental rights. Though these concepts have similar goals, they have a difference in terms of its origin, legal authority, and enforcement mechanisms.
Understanding this distinction is essential not only for law students and practitioners but also for citizens seeking to assert their constitutional protections effectively. This article explains the meaning of both rights, highlights their similarities and differences, and examines the legal remedies available in India.
Table of Contents 💻
What Are Human Rights?
Human Rights are inherent natural rights, which every human being is entitled to simply because they are human. They are rooted in the principle that every human being is entitled to equal dignity, freedom, and protection irrespective of caste, religion, nationality, gender, or social status.
These rights protect individuals against abuse, exploitation, and arbitrary state action. Human Rights include civil and political rights such as freedom of speech and protection from unlawful detention, as well as socio-economic rights such as education, healthcare, and adequate living standards.
Origin and Sources of Human Rights
The contemporary human rights framework was developed after World War II with the adoption of the Universal Declaration of Human Rights (UDHR), 1948 by the United Nations.
It was followed by legally binding treaties such as:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
These treaties create binding international obligations for ratifying States. However, in India, they become enforceable domestically only when incorporated through legislation or judicial interpretation.
Characteristics of Human Rights
Human Rights possess certain defining features:
Universal – Applicable to all human beings worldwide without discrimination.
Inalienable – Cannot be arbitrarily taken away by the State.
Indivisible and interdependent – Civil, political, social, and economic rights are equally important and interconnected.
Inherent – Derived from human dignity rather than legislative recognition.
These features establish both moral obligations, and legal duties for states that have accepted international human rights treaties.
What Are Fundamental Rights in India?
Fundamental Rights are constitutionally guaranteed rights enshrined under Part III of the Indian Constitution (Articles 12–35). They serve as safeguards against the abuse of State power and ensure democratic governance.
Unlike ordinary legal rights, Fundamental Rights enjoy constitutional supremacy. Any law violating these rights can be struck down by courts through judicial review.
The Constitution guarantees the following core rights:
Right to Equality (Articles 14–18) – Ensures equality before law and prohibits discrimination.
Right to Freedom (Articles 19–22) – Protects speech, movement, profession, and personal liberty.
Right Against Exploitation (Articles 23–24) – Prohibits trafficking, forced labour, and child labour.
Right to Freedom of Religion (Articles 25–28) – Safeguards religious belief and practice.
Cultural and Educational Rights (Articles 29–30) – Protect minority identities.
Right to Constitutional Remedies (Article 32) – Enables direct enforcement of fundamental rights.
Right to Life and Personal Liberty (Article 21) – Judicially expanded to include privacy, dignity, health, environment, and livelihood.
Together, these rights ensure social justice and political freedom. They also form the foundation of India’s constitutional democracy.
Similarities Between Human Rights and Fundamental Rights
Despite different legal origins, both frameworks share common objectives.
Protection of Human Dignity
Both frameworks aim to safeguard individual dignity by protecting citizens from exploitation, discrimination, and abuse of authority..
Promotion of Equality and Liberty
Principles such as freedom of speech, equality before law, and protection against exploitation are central to both systems.
Rights-Based Governance
Both emphasize accountability of State authorities and promote rule of law.
Overlapping Content
Many Fundamental Rights reflect international Human Rights standards, showing strong constitutional alignment with global norms.
Differences Between Human Rights and Fundamental Rights
Source of Authority
Human Rights originate from international conventions and moral principles, whereas Fundamental Rights derive authority directly from the Indian Constitution.
Legal Enforceability
Human Rights depend largely on domestic adoption and international pressure. Fundamental Rights, however, are directly enforceable through Indian constitutional courts.
Territorial Scope
Human Rights apply universally across nations. Fundamental Rights apply within Indian territory, and some rights are limited to Indian citizens.
Suspension during Emergency
Certain Fundamental Rights may be suspended during a national emergency. However, after the 44th Constitutional Amendment of 1978, Articles 20 and 21 CANNOT be suspended even during an Emergency.
In contrast, core Human Rights, such as the right to life, freedom from torture, slavery, prohibition, and protection against retroactive punishment are consided non-derogable under international law.
Legal Remedies for Violation of Fundamental Rights
Article 32 – Supreme Court Jurisdiction
Article 32 allows individuals to directly approach the Supreme Court for enforcement of Fundamental Rights. Dr. B.R. Ambedkar described this provision as the “heart and soul” of the Constitution.
Article 226 – High Court Jurisdiction
High Courts possess wide powers to issue writs for enforcement of Fundamental Rights and other legal rights within their territorial limits.
Types of Constitutional Writs in India
Habeas Corpus – Protects against unlawful detention.
Mandamus – Directs public authorities to perform their legal duties.
Prohibition – Prevents courts from exceeding jurisdiction.
Certiorari – Quashes illegal orders.
Quo Warranto – Challenges unlawful occupation of public office.
These writs ensure speedy constitutional remedies.
Human Rights Enforcement Mechanisms in India
India has established institutional mechanisms through the enactment of the Protection of Human Rights Act of 1993 to address human rights violations.
National Human Rights Commission (NHRC)
The NHRC investigates complaints, monitors custodial deaths, recommends compensation and corrective measures. However, its recommendations are advisory in nature and not legally binding.
State Human Rights Commissions (SHRCs)
SHRCs function at the state level to handle regional human rights grievances.
Public Interest Litigation (PIL)
Courts frequently use PILs to protect vulnerable communities and enforce rights aligned with international human rights standards. However, the courts reliance on international human rights principle is only possible when there is no conflict with domestic law.
Role of Judiciary in Protecting Rights
Indian courts have played a proactive role in integrating international human rights principles into constitutional interpretation.
Expansion of Article 21
Article 21 has been interpreted to include rights to privacy, shelter, health, education, clean environment, and dignified life.
Landmark Judgments
Maneka Gandhi v Union of India (1978) – Broadened the scope of personal liberty.
Vishaka v State of Rajasthan (1997) – Introduced workplace harassment guidelines using international conventions.
Justice K.S. Puttaswamy v Union of India (2017) – Recognized privacy as a Fundamental Right.
These cases strengthened Indian constitutional human rights protection and harmonized it with global human rights standards.
Challenges in Implementation
Despite strong constitutional safeguards, practical implementation remains a challenge. Lack of public awareness limits access to remedies. Judicial delays and case backlogs slow justice delivery. Human rights institutions often suffer from limited powers and inadequate resources. Weak enforcement mechanisms reduce accountability, while political and administrative interference affects institutional independence.
Addressing these challenges is essential to transform rights from paper guarantees into lived realities.
Conclusion
Human Rights and Fundamental Rights together form the foundation of India’s rights-based constitutional framework. While Human Rights provide universal moral standards, Fundamental Rights ensure strong domestic enforcement.
Strengthening legal awareness, improving institutional efficiency, and ensuring judicial accountability are necessary to make these rights meaningful in practice. A balanced integration of international human rights values with constitutional enforcement will continue to strengthen India’s democratic and legal system.
Frequently Asked Questions
Q) Are Fundamental Rights available to foreigners in India? A) Some Fundamental Rights like Article 21 apply to all persons, while others such as Article 19 are available only to Indian citizens.
Q) Can private individuals violate Fundamental Rights?
A) Generally, Fundamental Rights protect against State action, but courts have occasionally applied Fundamental Rights principles to private entities performing public functions.
Q) Do Directive Principles relate to Human Rights? A) Yes, Directive Principles reflect socio-economic human rights goals and guide the State in creating welfare-based policies.
Q) Can Parliament amend Fundamental Rights?
A) Parliament can amend Fundamental Rights, but it cannot alter their basic structure as per the Basic Structure Doctrine.
Q) Are Human Rights absolute in nature?
A) No, most Human Rights can be reasonably restricted in the interest of public order, morality, and national security.
Human rights and fundamental rights are often discussed in textbooks and courtrooms, but their real impact is felt in everyday struggles for dignity, equality, and justice.
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