Impact of Universal Declaration of Human Rights on Indian Judiciary with Special Reference to Fundamental Rights

Abstract

Human rights are those that individuals have by virtue of their existence as newlinehuman beings. The right to life itself and the basic necessities of food and newlineclothing may be considered fundamental human rights. Human rights are not newlinecreated by any legislation, they assume the position of natural rights recognized newlineby all mankind. The law does not establish human rights, as they are inherent newlineentitlements which accrue to every person by virtue of his or her birth into newlinehumanity. The Universal Declaration is a fundamental constitutive document of newlinethe United Nations. The Guinness Book of Records describes the UDHR as the newline Most Translated Document in the world. Even though it is not legally binding, newlinethe Declaration has been adopted in or has influenced various national newlineconstitutions since 1948. It has also served as the foundation for a growing newlinenumber of national laws, international laws, and treaties, as well as regional, newlinenational and sub-national institutions protecting and promoting human rights. newlineThe framers of the Indian Constitution were inspired by the ideals of newlineinternational peace and respect of human rights as embodied in the U.N. Charter newlineand the Universal Declaration. The Universal Declaration of Human Rights was newlineadopted by the U.N. General Assembly on December 10, 1948, while debates in newlinethe Indian Constitution Assembly were going on. Hence, it must be assumed newlinethat the makers of the Indian Constitution, in framing Part III on the newlineFundamental Rights, were influenced by the provisions of the Universal newlineDeclaration. It is, therefore, legitimate for the Court to refer to the comparable newlineprovisions of the Universal Declaration in construing the intent and scope of the newlinerelevant text of Part III of the Constitution. Juristically, no individual right can newlinebe absolute. Human rights are rights available against the State. There must, newlinetherefore, be cases of conflict between the interests of the individual and of the newlineState. Hence, a guarantee of human rights must necessarily contain the newlinelimitations or exceptions; the guarantee of