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Understanding the Declaration of the Rights of Man and of the Citizen (1789)
The Declaration of the Rights of Man and of the Citizen, proclaimed on August 26, 1789, stands as a cornerstone of modern human rights. Drafted during the French Revolution, this document articulated fundamental principles of liberty, equality, and fraternity that continue to influence legal systems worldwide, including India's constitutional framework. But who proclaimed it, and why does it matter today? This post delves into its history, key tenets, and echoes in Indian courts, particularly regarding personal liberty under Article 21 of the Constitution.
Note: This article provides general information based on historical and legal references. It is not legal advice. Consult a qualified lawyer for specific situations, as laws vary by jurisdiction.
Historical Context: Proclaimed by the National Constituent Assembly
The Declaration was proclaimed by the National Constituent Assembly (also known as the National Assembly), a revolutionary body formed in 1789 from the Estates-General. Amidst the upheaval against absolute monarchy, it sought to enshrine natural rights as universal and inalienable. Adopted on August 26, 1789, it served as a preamble to France's Constitution of 1791.
Key inspirations included Enlightenment thinkers like Rousseau, Voltaire, and Montesquieu, alongside the American Declaration of Independence (1776). The document boldly stated:
The representatives of the French people, organized as a National Assembly, believing that ignorance, neglect or contempt of human rights are the sole causes of public misfortunes... have resolved to set forth in a solemn Declaration the natural, unalienable and sacred rights of man.
This proclamation marked a shift from divine-right rule to popular sovereignty, emphasizing that rights precede government.
Core Principles of the Declaration
The 17 articles outline foundational rights:
- Liberty: Men are born and remain free and equal in rights. (Article 1)
- Equality: No distinctions based on social origin.
- Property: Sacred and inviolable (Article 17).
- Freedom of expression: Subject to accountability for abuse (Article 11).
- Resistance to oppression: A sacred right (Article 2).
These principles rejected feudal privileges and promoted a rule of law where power derives from the people.
Global Influence: From France to Universal Human Rights
The Declaration inspired the Universal Declaration of Human Rights (1948) and other instruments. Courts worldwide reference it to underscore liberty as the most precious human right. For instance:
The American Declaration of Independence, 1776, French Declaration of the Rights of Men and the Citizen, 1789, Universal Declaration of Human Rights and the International Covenant of Civil and Political Rights, 1966 all speak with one voice – liberty is the natural and inalienable right of every human being. PITAMBAR MAJHI vs STATE OF ORISSA DULIA@DOLAGOBINDA DAS vs STATE OF ORISSA JOYDEEP BISWAS vs State Of Jharkhand Through C B I S.Srinivas, S/o. Padmaiah, managing Partner, M/s. Sri Sai Datta Constructions, R/o. 17-1-391/1/124, Saraswathinagar, Sankeshwar Bazar, Saidabad, Hyderabad. vs B. Laxmikantha Rao, S/o. Late B.Narasumha Rao, Aged 49 Years, occ; Pvt Employee, R/o. Flat No.303, Krishna Kunjam apartments, Hanuman Nagar, Chaitanyapuri, Hyderabad. Bata VS State of Orissa - 2015 Supreme(Ori) 391
This consensus highlights liberty's primacy, echoed in civilized nations' jurisprudence.
Relevance in Indian Law: Echoes in Article 21 and Fundamental Rights
India's Constitution, while not directly incorporating the Declaration, draws from similar ideals. Article 21 guarantees no person shall be deprived of his life or personal liberty except according to procedure established by law. Courts frequently invoke the 1789 Declaration to expand its scope.
Personal Liberty and Right to Travel
In passport and travel cases, the right to move freely—rooted in the Declaration's liberty ethos—gains traction:
Freedom of speech and expression under Art. 19(1)(a) is exercisable not only in India but also outside it. Any barrier by State action would violate Article. This equally applies to right to practice any profession... under Art. 19(1)(g). Maneka Gandhi VS Union Of India - 1978 Supreme(SC) 29
The Supreme Court in Maneka Gandhi v. Union of India (1978) broadened personal liberty to include travel abroad, testing restrictions against Articles 14, 19, and 21. Refusals without fair procedure violate these rights, aligning with the Declaration's insistence on due process. Maneka Gandhi VS Union Of India - 1978 Supreme(SC) 29
Illegal Detention and Speedy Trial
Illegal arrests infringe liberty, warranting compensation:
Police officials are liable to pay compensation for illegal detention of a person, which is a violation of the fundamental right to liberty under Article 21. Chandgi Ram VS State Of Haryana - 1996 Supreme(P&H) 754
Speedy trial is integral to Article 21, applicable to all cases:
Speedy trial mandated by Art. 21 includes within its sweep police investigation and trial... Delay arising out of laches on the part of the prosecution. Madheshwardhari Singh VS State Of Bihar - 1986 Supreme(Pat) 209
Proclaimed offender declarations require strict compliance; absent proper summons, they are invalid, protecting liberty. Sunil Tyagi VS Govt Of NCT Of Delhi - 2021 Supreme(Del) 1900 Chandi Parshad VS State of Punjab - 2003 Supreme(P&H) 752
State Action and Fundamental Rights
Government companies as State under Article 12 must uphold Part III rights:
Government company under this section is 'the State' within the meaning of Article 12... It is nothing but the Government operating behind a corporate veil. Central Inland Water Transport Corporation LTD. VS Brojo Nath Ganguly: Tarun Kanti Sengupta - 1986 Supreme(SC) 115
Secularism and equality, Declaration-inspired, bar unsecular policies under Article 356. S. R. Bommai VS Union Of India - 1994 Supreme(SC) 337
Key Indian Cases Referencing the Declaration
Indian judgments pair it with global charters to affirm liberty:
- Non-bailable warrants: Issued only after scrutiny; liberty paramount. Bata VS State of Orissa - 2015 Supreme(Ori) 391
- Right to know: Part of broader liberty under Article 19(1)(a). Reliance Petrochemicals LTD. VS Proprietors Of Indian Express News-papers, Bombay Private LTD. - 1988 Supreme(SC) 616
- Property rights: Elevated to human rights post-44th Amendment. Pamidi Naga Raju VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department - 2017 Supreme(AP) 153
Right to property is not a fundamental right but still it is a constitutional right. Pamidi Naga Raju VS State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department - 2017 Supreme(AP) 153
These cases illustrate the Declaration's living legacy.
Modern Implications and Key Takeaways
Today, the Declaration of the Rights of Man and of the Citizen, August 26 1789 proclaimed by the National Assembly, reminds us that rights are inherent, not granted. In India, it bolsters arguments for robust Article 21 protections against arbitrary state action.
Key Takeaways:
- Proclaimed by: National Constituent Assembly on August 26, 1789.
- Core idea: Liberty, equality, and natural rights.
- Indian link: Reinforces personal liberty, fair procedure, and human rights.
- Practical tip: In liberty challenges (e.g., detention, travel), reference global precedents cautiously.
- Evolving scope: Courts expand rights, but procedure remains key.
While historical, its principles guide contemporary battles for justice. For tailored advice, seek professional counsel.
Sources drawn from judicial precedents including Supreme Court and High Court rulings. Always verify latest developments.
Search Results for "Declaration of Rights of Man & Citizen 1789: Proclaimed By Whom?"
1986 0 Supreme(SC) 115 • India - Supreme Court
D.P.MADAN, A.P.SEN
INTERPRETATION OF EXPRESSION “THE STATE”—EXPRESSION IS USED IN CONCEPT OF STATE IN RELATION TO FUNDAMENTAL RIGHTS Guaranteed BY PART ... III AND DIRECTIVE PRINCIPLES OF STATE POLICY CONTAINED IN PART IV WHICH ARE DECLARED BY ARTICLE #& TO BE FUNDAMENTAL TO GOVERNANCE ... It is nothing but the Government operating behind a corporate veil, carrying out a governmental activity and governmental functi....
1994 0 Supreme(SC) 1 • India - Supreme Court
S.C.AGRAWAL, R.M.SAHAI, M.M.PUNCHHI, K.RAMASWAMY, S.R.PANDIAN
and exceptional cases the details of cannot be fixed by any rigid formula – Ordered Accordingly ... in High Court itself and in case an appeal against conviction is filed by the Government in Court appeal filed by accused in High ... the payment of fee should be either made by State or if made by accused it should be reimbursed - Court to entertain an application ... It is #HL_S....
1994 0 Supreme(SC) 337 • India - Supreme Court
S.R.PANDIAN, YOGESHWAR DAYAL, S.C.AGRAWAL, P.B.SAWANT, K.RAMASWAMY, J.S.VERMA, B.P.JEEVAN REDDY, A.M.AHMADI, KULDIP SINGH
Civil Nos. 193 and 194 of 1989 relating to Nagaland are disposed of in terms of the opinion expressed by us on the meaning and purport ... Such declaration, however, shall not preclude the government/legislative Assembly or other competent authority to review, repeal ... The Civil No. 3645 of 1989 and Transferred Cases Nos. 5 ....
1973 0 Supreme(SC) 163 • India - Supreme Court
S. M. SIKRI, J. M. SHELAT, K. S. HEGDE, A. N. GROVER, A. N. RAY, P. JAGANMOHAN REDDY, D. G. PALEKAR, H. R. KHANNA, K. K. MATHEW, M. H. BEG, S. N. DWIVEDI, A. K. MUKHERJEA, Y. V. CHANDRACHUD
Declaration of Human Rights. ... August 15, 1947 and January 26, 1950. ... The declaration of human rights on which Mr.
1987 0 Supreme(SC) 995 • India - Supreme Court
S.RANGANATHAN, SABYASACHI MUKHARJEE
Rule appeals preferred by State of Assam against High Court order were allowed on basis of declaration of intra vires Constitution ... writ petitions filed by appellants in within period of limitation prescribed petitions were within time even by test enunciated ... Road and Inland Waterways - Court struck down Act as ultra vires Constitution of India. ... rights or for averting definite wrongs, than upon any #HL_S....
2023 0 Supreme(SC) 585 • India - Supreme Court
V. RAMASUBRAMANIAN, PANKAJ MITHAL
estate - Court held that preliminary decree was vitiated by fraud; was not binding on third parties as claims under both Jagir and ... execution could not be disregarded - Court cannot adjudicate title claims of strangers to the partition - earlier decree not conclusive ... Inam Abolition Laws were paramount - High Court determined that properties in question could not be partitioned while maintaining the ... On the basis of a mere declaration #HL_ST....
2023 Supreme(Online)(JHK) 9652 • India - High Court of Jharkhand
Mr. Justice Shree Chandrashekhar, Mrs. Justice Anubha Rawat Choudhary, JJ
of rights in competent civil court - Compensation for construction on property available from District Land Acquisition Officer. ... compensation regarding land acquisition dismissed due to existing dispute over land ownership - Petitioner given liberty to seek declaration ... , title, and interest over immovable property unless claim is admitted. ... a liberty to her to seek a declaration from a competent Court of civil jurisdiction as regards her #....
2021 0 Supreme(All) 1708 • India - Allahabad
JASPREET SINGH
Civil Court if it does not require a declaration of rights. ... is maintainable before the Civil Court if it does not require a declaration of rights. ... rights declared from the Revenue Court. ... Civil Court but where the cancellation would involve, the declaration of rights#HL_....
2017 0 Supreme(AP) 495 • India - Andhra Pradesh
SURESH KUMAR KAIT, D.V.S.S.SOMAYAJULU
and declaration of rights are sought to be established, it is expected that the plaintiff should enter the witness box and depose ... and declaration of rights are sought to be established, it is expected that the plaintiff should enter the witness box and depose ... The plaintiff is not entitled to a declaration#HL_....
1915 0 Supreme(Mad) 374 • India - Madras
SESHAGIRI AIYAR
Jurisdiction - Declaration of Rights - Court directs District Munsif to restore suits to his file Fact of the Case: ... Suits for declaration filed in District Munsifs Court regarding right of tenant to trees on their holding and whether the trees ... Finding of the Court: District Judge directed District Munsif to restore the suits to his file and#....
1996 0 Supreme(P&H) 754 • India - Punjab and Haryana
ASHOK BHAN, N.K.SODHI
of the citizen, notwithstanding the rights of the citizen to the remedy by way of a civil suit or criminal proceedings." ... It was held that where a fundamental right of any citizen was infringed and a person is deprived of his liberty without any authority of law, then the authorities violating such rights are liable to pay compensation. ... After arranging for the expenses to meet the fees of the Advocate etc., relatives of the petitioner again came to Sonepat and moved an application for bail on #HL....
2017 0 Supreme(AP) 153 • India - Andhra Pradesh
A.RAJASHEKER REDDY
This Court in Indore Vikas Pradhikaran (supra) had an occasion to refer to the Declaration of the Rights of Man and the Citizen (dated 26.8.1789) to expound that though earlier, human rights existed to the claim of individuals’ right to health, livelihood, shelter and employment etc., these have started ... While recognising the power of the State to acquire the land of its citizens, it has been proclaimed in Dev Sharan (supra) that even though the r....
• India - Orissa
The American Declaration of Independence, 1776, Frenc h Declaration of the Rights of Men and the Citizen, 1789, Universal Declaration of Human ... a Magistrate of the first class may direct a warrant to any person within his local jurisdict ion for the arrest of any escaped convict, proclaimed ... Right s and the International Covenant of Civil and Political Rights, 1966 all speak with one voice l and others, (2007) 12 SCC 1 has held that civili....
• India - Orissa
The American Declaration of Independence, 1776, Frenc h Declaration of the Rights of Men and the Citizen, 1789, Universal Declaration of Human ... a Magistrate of the first class may direct a warrant to any person within his local jurisdict ion for the arrest of any escaped convict, proclaimed ... Right s and the International Covenant of Civil and Political Rights, 1966 all speak with one voice l and others, (2007) 12 SCC 1 has held that civili....
2003 0 Supreme(P&H) 752 • India - Punjab and Haryana
VINEY MITTAL
While considering the aforesaid application, the learned trial Judge shall not take into consideration the order dated August 26, 2000 passed by it earlier. ... From a perusal of the order dated August 26, 2000, I do not find that the aforesaid fact was even argued before the learned trial Judge. Accordingly, there is no justification to set aside the aforesaid order and the present petition is dismissed. ... (Oral) - The grievance made by the petitioner in this case is against the order dated August #H....
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