Abstract

The Basic right which is essential for the very existence of human beings in this world is human rights. These rights are “sine qua non” and inalienable in nature, and even the king or the crown cannot take back these rights, and it cannot be relinquished by the individual himself. The Indian Constitution was drafted subsequent to the implementation of Human Rights declaration, so most of these provisions are incorporated in the Indian Constitution as Fundamental Rights. It is to say that several provisions of both the UDHR and Constitution are similar in nature, so the higher judiciary too taken a similar view in dealing the cases of fundamental right as basic human right. The Human Rights charter states ‘that everyone is free during their birth and entitled with similar protection of dignified right’, which specifically enumerates that the abolition of slavery and bonded labour system and the word ‘equality’ denotes the abolition of caste system and untouchability. The word ‘dignity’ highlights equal treatment/preference by way of equal treatment before law and similar applicability of all law by way of dignified life as enshrined in the Indian Constitution. This is evident that the clauses and Articles of the India’s Constitution and the UDHR are one and the same, which specifically protects the rights and interest of the individuals. The dignified life is the one which differentiate the human and animals. Even the prisoners, convicts and war & political offenders are to be treated with dignity. The prisoners are not entitled for right to liberty but are provided with the right to dignified life even inside the prison. The only uniqueness between the fundamental right and a human right is that the former can be suspended by the law makers or the parliament but the later cannot be taken back or curtailed by anyone.

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