“Human Rights are not a privilege conferred by government. They are every human being's entitlement by virtue of his humanity.”
-Mother Teresa
INTRODUCTION
Human rights are those rights that cannot be violated irrespective of the country you live in, sex, gender, race, religion, language, ethnicity or any other language. For peaceful survival and in order to live the life to the fullest, human rights is a requisite. These rights are held by each and every person equally and till eternity. In layman language, basic rights and freedom which are entitled to every human being, without which people cannot live in dignity is known as human rights.
United Nation’s definition of human rights is “rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.”(1)
Kant says that human beings have an intrinsic value absent in inanimate objects. To violate a human right would therefore be a failure to recognize the worth of human life.(2) This concept of human rights is a never ending and a constant process of evolution throughout human history. These rights are complex and entangled with laws and customs. Infringement of these laws will have a catastrophic effect on the mankind.
Human rights are inalienable and indispensable which are endowed with reason and conscience. One cannot disregard human rights, as it protects from the legitimate powers of Government and State in several aspects of life.
Basic Human Rights Requirements -
Protection of human rights is manageable only by following characteristics:
1. A de jure or free state with the right to self-determination and the rule of law.
2. A legal framework for human rights protection.
3. Organized (existing within the framework of the state) or unorganised guarantees that are effective.(3)
Human rights can either be positive or negative, for example right to a fair trial is a positive right where as right to not be tortured is a negative right.
Human Rights from an Indian Perspective
The concept of human rights does not originate in the Western world. It is the crystallisation of universal values for all of humanity. The United Nations Declaration of Human Rights (1948) did not appear out of nowhere, but it is a watershed moment in the centuries-long journey that the concept of human rights has been on. Although the human rights language is a product of European countries, the concept of human rights is as old as Indian culture.
The three staged evolution of human rights are as follows:
1. Human Rights in Ancient India:
Traces of human rights are found in the 15th century B.C. right from the emergence of human civilisation. The Vedas and Smritis talk about the concept of “VasudhaivKutumbakam” meaning the whole world as one family, which embodies the spirit of human civilization. In Vedas, particularly Rig Veda, the age-old document of the Indians declared that all the human beings are “equal and respect the dignity of human rights.” Human rights were deemed to be “equality” during this period. Furthermore, ancient Indians emphasised the principle that one person's right is another person's responsibility.
The great Epics, Mahabharata and Ramayana, is based on the principle of ‘Dharma’, which says that development of creatures as well as preventing creatures from injuring one another is Dharma. An ancient Indian text and most honoured of all, the Bhagwad Geeta, describes righteousness as the essence of Dharma. The great King Ashoka had succeeded in establishing a welfare state for his people, providing them with basic freedoms and rights. Before Ashoka, Buddhism and Jainism safeguarded the dignity of people. Unfortunately, the decline of human rights coincided with the fall of the Mauryan Empire.
2. Human Rights in Medieval India:
The predominant rule of Mughals signifies the Medieval period. The dignity and freedom of human rights got lost in the dark as emphasis was on the religious, social and political rights during Akbar’s reign. The religious policy of divine religion known as Din-E-Ilahi, idea of secularism was significant during his rule. But thanks to the religious movements of Sufi-ism and Bhakti-ism which made an exceptional contribution to strengthen Human Rights.
3. Human Rights in Modern India:
Pre-independence era-
British rule prevailed in the first half of the 19th Century during modern age.
With the introduction of the Regulating Act of 1773, the British began the process of Indian administration. Indians were completely oppressed by the British in terms of social, economic, political, and religious rights in every sphere of life under it. They were denied basic right of equality. After witnessing such oppressing rule, Indian leaders were of the firm opinion to fight back for their rights.
Gandhiji’s objective was not only to free India but also abolish the practise of sati and untouchability. Raja Ram Mohan Roy and Ishwar Chandra Vidyasagar were instrumental against the violence that women endured through several legislations in 1856 , sati pratha and child marriage. Jyotirao Phule founded Satyashodhak samaj in 1873 to fight for the oppressed class
For equality a major development was made by Anne Besant. A Bill, Common Wealth of 1925, listing seven fundamental rights including liberty of person and equality of all genders. The Nehru Report, passed by Motilal Nehru in 1927 concerned securing the fundamental rights that had been denied to Indians. The Karachi resolution, passed by the Congress session in March 1931, was another achievement in the area of fundamental rights. The decade of the 1940s was marked by the emergence of fundamental rights and increased UN Assembly activities related to them. The "Sapra Committee Report," published at the end of 1945, was the next step in the development of fundamental rights in India. As a result, after independence, various events occurred from time to time.
In 1946, objective resolution was passed by Jawaharlal Nehru for safeguard of minorities, oppressed class and other underprivileged classes.
After independence in 1947 which is partial independence, in order to achieve full independence India adopted Universal Declaration of Human Rights on 10th December 1948.
Post-independence era-
The longest-written and after studying about 60 constitutions of different countries, Constitution of India was adopted on 26th November, 1949 and came into force on 26th January, 1950.
Part III of the Indian Constitution enshrines the Fundamental Rights of freedom, equality, religion, against exploitation and educational rights.
The study of human rights in relation to the Indian Constitution reveals that the Constitution enshrines nearly all of the human rights guaranteed by various international conventions, covenants, and treaties, like:
· International Covenant on Economic, Social and Cultural Rights, 1976;
· Convention on the Prevention and Punishment of the Crime of Genocide, 1948;
· Convention on the Elimination of All Forms of Discrimination against Women, 1979;
· Convention on the Rights of Child, 1989.(4)
Several important legislations were enacted by the union of India:
· Protection of Human Rights Act, 1993;
· National Commission for Women Act, 1990;
· Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989;
· Immoral Traffic (Prevention) Act, 1987;
· Child Labour (Prohibition and Regulation) Act, 1986.(5)
Important Case laws
The advancement of human rights in India has been aided by a number of judicial decisions. The Supreme Court held in P. Rathinam v. Union of India(6) that a person's right to live with human dignity and the concept of life includes the person's tradition, culture, and heritage.
The Supreme Court ruled in Consumer Education and Research Centre and Ors v. Union of India and Ors(7) that workers' basic human rights include the right to human dignity, social protection, rest, and leisure. These are also guaranteed by the preamble of the Indian Constitution's charter of human rights, as well as Articles 38 and 39.
CONCLUSION
It can be concluded that the history of mediaeval and modern times has reached its apogee with the formulation of the Indian constitution, which places a premium on human rights in the context of fundamental rights, directive principles, and fundamental duties.
References
1. https://www.un.org/en/sections/issues-depth/human-rights/
2. A. I. Melden, Rights and Persons (Berkeley: University of California Press, 1977) at 189.
3. K. Vasak, The International Dimensions of Human Rights Volume I (P. Alston ed., Connecticut: Greenwood Press, 1982) at 4-8.
6. 3 SCC 394 (1994)
7. AIR 1995 SC 922