Polity

To a question  on whether or not its a indisputable fact that the govt. has recognised the land rights as human rights, Singh aforesaid that as per inputs provided by the house ministry, theres no document in custody that shows that land rights has been recognised as human rights.

·       There is not any document in custody that shows that land rights has been recognised as human rights.

·       As per Section 2(d) of the Protection of Human Rights Act, 1993, ‘human rights’ suggests that the rights with reference to life, liberty, equality and dignity of the individual warranted by the Constitution of Asian nation|Bharat|Asian country|Asian nation} or embodied within the international covenants and enforceable by courts in India.

·       Article seventeen of the Universal Declaration of Human Rights (UDHR) states:

1.    everybody has the correct to have property alone also as in association with others.

2.    nobody shall be haphazardly bereft of his property.

·       Supreme Courts read the Supreme Court has recently command that a citizen’s right to have property could be a right and therefore the state cannot take possession of it while not following due procedure and authority of law.

·       The state cannot trespass into the property of a subject then claim possession of the land within the name of ‘adverse possession’.

·       Grabbing personal land then claiming it as its own makes the state associate intruder.

·       In a state, right to property could be a right.

·       A state cant be permissible to require the plea of adverse possession, that permits a persona non grata i.e. an individual guilty of a actus reus, or maybe a criminal offense, to achieve legal title over such property for over twelve years.

·       The State cant be permissible to good its title over the land by invoking the belief of adverse possession to grab the property of its own voters.

·       Right to Property: ‘Right to personal property was antecedently a basic right’ below Article thirty one of the Constitution.

·       Property ceased to be a basic right with the forty fourth Constitution modification in 1978.

·       Nevertheless, Article 300A needed the state to follow due procedure and authority of law to deprive an individual of his or her property.

The right to property is currently thought-about to be not solely a constitutional or statutory right, however conjointly somebodys right.