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The Hindu
The Hindu
National
The Hindu Bureau

Human rights equal to fundamental rights, says Kerala High Court Chief Justice A.J. Desai

Human rights can be considered fundamental rights, and they cannot be taken away, not even by the government or legislature, High Court Chief Justice Ashish Jitendra Desai has said. He was speaking after inaugurating the Human Rights Day celebrations organised by the Kerala State Human Rights Commission (KSHRC) here on Sunday.

“We can find several identical features between the fundamental rights enshrined in our Constitution and the Articles of the Universal Declaration on Human Rights, a milestone document in the history of human rights, like equality before law, non-discrimination on grounds of religion, race and sex, freedom of speech and expression, the right to life and liberty and judicial remedy against violations of rights, etc. Section 2(1)(d) of the Protection of Human Rights Act, 1993, defines human rights as the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in the international covenants and enforceable by courts in India,” said Mr. Desai.

However, many people are still unaware of their basic rights, much less their human rights. “We still have a long way to go to respect human rights. Creating awareness about human rights is crucial for several reasons. Increasing awareness helps combat discrimination, prejudice, and injustices that occur due to ignorance or deliberate violations of human rights. It also encourages individuals to stand up against such violations, fostering a culture of respect, equality, and dignity for all,” he said.

Moreover, by educating people about human rights, they could be empowered to take action, advocate for change, and hold governments and institutions accountable when rights are infringed upon. Emphasising the need to instill an understanding and appreciation for human rights from a young age, Mr. Desai said families play a fundamental role in shaping a child’s values and beliefs. When children grow up in environments that prioritise respect, empathy, and fairness, they are more likely to internalise these principles and carry them forward.

Further, schools and educational institutions should play a significant role in shaping a child’s understanding of human rights. Introducing human rights education into school curricula can provide structured learning opportunities and reinforce what children learn at home, he added. “By integrating human rights education into both family life and formal education, we can cultivate a culture where respecting and upholding human rights become second nature to the younger generation, laying a strong foundation to a more just and compassionate society,” said the chief justice. A pledge to uphold human rights was taken at the function by the participants, including the Chief Justice, with K. Baijunath, acting chairperson of the KSHRC, reciting the pledge. 

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