The Significance of Human Rights in the Constitution of India:
1. Certain Fundamental Rights have been guaranteed: The Constitution of India duly recognizes the importance of human rights and guarantees certain Fundamental Rights in Part III which include the right of equality, right to freedom, right against exploitation, right to freedom of religion, cultural and Right to education and the right to constitutional remedies. Article 32 gives the right to constitutional remedy in the form of original jurisdiction of the Supreme Court of India for the enforcement of these Fundamental Rights. This is the protection of individuals against invasion of their human rights.
2. Provisions of Directive Principles of State Policy: Part-IV of the Indian Constitution contains Directive Principles of State Policy which are the principles fundamental in governance, to be observed by the State in the formulation of its policies. These include the duty of the State to secure a social order for the promotion of the welfare of the people, social justice, right to work, to education and social security, provision for just and humane conditions of work, promotion of interests of the weaker sections, duty to raise the level of nutrition and the standard of living and to improve public health, protection and improvement of environment, ecology and wild life etc.
3. Fundamental Duties: In addition, the Fundamental Duties of every citizen covering a wide range to strengthen the guarantee of Fundamental Rights are in Article 51A (Part IVA of the Constitution). In addition to Article 32 empowering the Supreme Court to enforce the Fundamental Rights, the High Court is empowered by Article 226 for the same purpose to exercise its powers. The primary duty of the higher judiciary to protect and enforce human rights as the Constitutional mandate. Rule of law is a basic feature of our Constitution, as is judicial review.
4. The Role of the Supreme Court of India: The role of the Supreme Court of India is commendable in expanding human rights and it has found Article 21 of the Constitution as the most fruitful article. In several cases the Indian Supreme Court had held that compensation is to be given for violation of rights under the article, such as, right to human dignity, right to healthy environment, right to social security, right to protection of childhood, etc.
5. Universal Declaration of Human Rights: The impact of the 1948 Universal Declaration of Human Rights on the drafting of (Parts III and IV) of the Indian Constitution is felt throughout. India has acceded to the Universal Declaration of Human Rights as well as to both the Covenants with certain reservations.