Author Details:-

SAGHANA.M
4TH YEAR B.A.,LL.B
CHENNAI DR.AMBEDKAR GOVERNMENT LAW COLLEGE, PUDUPAKKAM

Human Right: issues and comparative study Nigeria vis-à-vis India.

It remains a global discourse, the issue of fundamental human. Fundamental human rights these are the right and privileges which are entitled to every human being living on the earth. To other pace rights are the justifiable entitlement to the object of the right, by virtue of a relevant attribute i.e being a human. In digestion to the concept it traced to be natural, whereby is bestowed on the human creatures by God. Making these rights inalienable. Looking at Right particularly the fundamental human right in the international arena, we can find that, UNs 1948 UDHR asserted that the “recognition of the inherent dignity, of equal and inalienable right of all members of the human family is fundamental of freedom, justice and peace in the world. This further affirm that human right should be protected by the rule of Law. Prior to the UDHR, the matter in question is antecedent, this can be testified to the congress at Vienna of 1815 which contained an obligation on states to abolish the slave trade.

At this juncture there is a need to ramify between the two synonymous concepts: the fundamental human right and human rights. Human right are general entitlement of right inter alia to fundamental human right which delved to be the extracted, sacrosanct and paramount right in the application of human right. Meanwhile the fundamental human right are the basics and must pivotal in all the human right. Therein the UDHR 1948 “all human being are born free and equal in dignity and right……”_(1).The aforementioned article of the UDHR impliedly reinstate the principle of inherence, principle of universality, principle of inalienability and interrelatedness among the principle. “All” is the key pointer of generalization for the fundamental human right universality. The adoption of this declaration came with enormous domestication of the right. In the case of Nigeria, the matter in question was domesticated by virtue of section 12(1)₂ of the 1999 constitution. prior to the 1999 constitution, the first constitution which enshrined the fundamental human right is the independence constitution of 1960. Furthermore, to underscore the fundamental human right or fundamental right this include; the Right to life₃ as the first and famous among the sacrosanct, Right to dignity of human person₄, Right to personal liberty,₅ Right to fair hearing,₆ Right to freedom of movement,₇ Right to freedom from discrimination.₈ The preceded mention are the regarded basics fundamental human right entrenched in chapter iv of the 1999 constitution of Federal Republic of Nigeria. suffice the Indian provision and entrenchment of human Right vary to some extent with the provision of human Right in Nigeria.

The prevalent issues to human rights include: precipitated killings which is in violation to( section 33). These issues can be viewed from diversified angles, which have it base of contribution from both the state and non-state actors. Presence of hunger in a state, insurgency and actions of jungle justice never correspond to the protection of Right to life. it is insoluble for hunger to persist and expecting life to continue. All these entail the issues of arbitrary deprivation of life and other unlawful or politically motivated killings.

Nevertheless, torture and other cruel, inhuman or degrading treatment, punishment and other related abuses are responsible to human rights violation. Prune to discover it that the interrelated issues are in hostile bearing to section 34 and 35 of the constitution of Nigeria. It was reported under the denial of freedom of expression, including for members of the press and other media, where government abridged the right to speech being subjected to threats, intimidation, arrest and other violence, so exposed such act is contrary to section 39 of Nigerian constitution.

Discerning to the Indian constitution,₉ the fundamental human right enshrined in part iii of the constitution. This include Right to a quality (article 14-18), Right to freedom (article 19-22), Right against exploitation (article 23-24), cultural and educational Right (article 29-30), Right to constitutional remedies (article 32). Though when discerned to this given comparison it brings us to the point of convergence and divergence view to the provision of Nigerian constitution and Indian constitution. Some point at which the fundamental human Right should be sieve in Right to freedom (article 19-22) and the Right to freedom of religion (article 25-28) these articles in one way or the other, relate to the Right to freedom of expression and the press (section 39), Right to freedom of peaceful assembly and association (section 40) Right to freedom of thought conscience and the religion (section 38) of the constitution of the federal republic of Nigeria.

It sticks differential in the given provisions of the Indian constitution that some fundamental Right in Indian constitution are privileges in the Nigerian constitution, mean while they are not judicially enforceable. in contrast to the preamble of Indian constitution 1949; establishes India as a sovereign, socialist, secular, democratic republic emphasizing justice, liberty, equality and fraternity as the fundamental principle. Whereby liberty is a fundamental right in the Nigerian constitution codified in section 35 “right to personal liberty”. Where with at another juncture of divergence, comparatively it is ascribed in provision of Indian constitution 1949 which can be fund Nigerian constitution 1999 in chapter 2 under the fundamental objectives and directive principle of state policy in social objectives and educational objectives section 17 and 18 respectively. To cite but few, apparently, it remains oppugn that the right to property was originally fundamental right in Indian constitution, that was removed from part iii by the 44^th constitutional amendment in 1978. A question to ask here, why was it removed? Semblance to the orchestrated provision, exist till present in the Nigerian constitution; Right to acquire and own immovable property any way in Nigeria (section 43). In a nutshell Ubi jus ibi remedium, both the constitution at stake provided the means of protecting and safeguarding fundamental human right. This is to assert that the enforcement of fundamental human Right or Rights is entertain within the jurisdiction of supreme court of India which the constitution provided for various writs as mechanism to enforce the Rights. It is visible that in Nigerian the enforcement of fundamental rights deemed codified in section 46 (1) and (2) in application to fundamental right enforcement procedure rules. The enforcement of those right yields and gives remedy to the violation of the Rights i.e damages for it loss.

Conclusively, fundamental human right or fundamental right can never be absolute. Hindrances are attached to it which succumb it absoluteness. These are the limitations that restrict and limited a person to his fundamental right at a necessary time placement that are reasonably, justifiable in a democratic society, at the interest of the state, on the ground of defense, public safety, public order, public morality and for the purpose of protecting the right and freedom of order persons. To redeem the menaces of the fundamental right issues and human right in general. I opine that countries must respect and protect human right base on the international agreement. So also the participation of NGOs student clubs and international organization must help to improve human right by vocalization and demonstration on the issues of right. Insistence and effort must be continuous to promote human right even when government resist at a time.

Endnotes

1. Universal declaration of human right 1948 – article 1
2. Constitution of federal republic of Nigeria 1999 – section 12
3. Constitution of federal republic of Nigeria 1999 – section 33
4. Constitution of federal republic of Nigeria 1999 – section 34
5. Constitution of federal republic of Nigeria 1999 – section 35
6. Constitution of federal republic of Nigeria 1999 – section 36
7. Constitution of federal republic of Nigeria 1999 – section 41
8. Constitution of federal republic of Nigeria 1999 – section 42
9. Constitution of India 1949
10. Ubi jus ibi remedium “where they is a law, they must be a remedy”

D..D Abubakar