Punjab & Haryana High Court, Chandigarh
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Universal Declaration of Human Rights (UDHR), 1948

Full Name: Universal Declaration of Human Rights
Adopted: 10 December 1948 by UN General Assembly (Resolution 217A)
Type: Non-binding Declaration (now considered customary international law)
Articles: 30
India’s Status: Voted in favour at adoption ✓

Overview

The UDHR is the foundational document of international human rights law. Drafted by a committee chaired by Eleanor Roosevelt, it was the first global expression of rights to which all human beings are entitled. Though not a binding treaty, it has acquired the status of customary international law and is considered the cornerstone of all subsequent human rights instruments.

Key Articles Relevant to Indian Law

  • Article 1: All human beings are born free and equal in dignity — mirrors Article 14 of Indian Constitution
  • Article 3: Right to life, liberty, and security — mirrors Article 21
  • Article 5: Prohibition of torture — cited in D.K. Basu guidelines
  • Article 9: Prohibition of arbitrary arrest — mirrors Article 22
  • Article 12: Right to privacy — cited in K.S. Puttaswamy (2017)
  • Article 19: Freedom of opinion and expression — mirrors Article 19(1)(a)
  • Article 23: Right to work — cited in Olga Tellis
  • Article 25: Right to adequate standard of living — cited in Chameli Singh
  • Article 26: Right to education — cited in Unni Krishnan

How Indian Courts Have Used UDHR

The Supreme Court has referred to the UDHR in numerous landmark cases. In Maneka Gandhi v. UOI (1978), Justice Bhagwati cited the UDHR to expand Article 21 beyond mere animal existence. In Vishaka v. State of Rajasthan (1997), the Court held that international conventions, including the spirit of UDHR, must be read into domestic law to fill legislative gaps. In National Legal Services Authority v. UOI (2014) (NALSA), the Court invoked UDHR’s equality provisions to recognize transgender rights.

Significance

The UDHR serves as the moral foundation for all human rights advocacy. Indian courts treat it as an interpretive guide — while not directly enforceable, its principles inform the expansive reading of fundamental rights under Part III of the Constitution.

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