CONCEPT OF HUMAN RIGHTS IN INDIA

NISHA PUNIYA

RESEARCH SCHOLER IN DEPARTMENT OF BUSINESS ADMINISTRATION

UNIVERSITY OF RAJASTHAN, JAIPUR

ABSTRACT

The concept of human right is based on the assumption that human beings are born equal in
dignity and rights but man has made him not equal in many ways. Some were made privileged
and some were not. The denial of human rights and basic freedoms not solely is a personal and
private tragedy however conjointly creates conditions of social and political unrest sowing the
seeds of violence and conflicts at intervals and between societies and Nations. Human Rights are
those minimal rights which are available to every human being without distinction of language,
religion, caste, nationality, sex, social and economic conditions of the society. These rights
enable individuals to fully use their intelligence, talents and conscience to satisfy spiritual and
other needs.

KEY WORDS: Equality, Dignity, Human Rights, Freedom, Spiritual.

INTRODUCTION

Human rights and basic freedom permit North American country to develop totally and use our
human qualities, our intelligence, our skills, and our conscience and to satisfy
our religious and alternative desires. They are supported mankind’s increasing demand for a
life within which the inherent dignity and value of every soul can receive respect and protection.
The denial of human rights and basic freedoms not solely is a personal and
private tragedy however conjointly creates conditions of social and political unrest sowing the
seeds of violence and conflicts at intervals and between societies and Nations.
The construct of right relies on the belief that masses square measure born equal in dignity and
rights. These square measures ethical claims that square measure inalienable and
inherent altogether masses by virtue of the member of the humanity alone. Nowadays these
claims square measure articulated and developed then referred to as as human rights.

All kinsmen are born free and equal in dignity and rights. However man has created him not
equal in many ways. Some were created privileged and a few weren't. Oppression and slavery
were there. It created him many years of toil and struggle to urge legal protection of their basic
human rights. Numerous laws were enacted for the protection of the rights concerning life,
liberty, equality and dignity of the individual. They’re created and unmade on
the vessel of expertise and thru process of human struggle for freedom. Equal dignity of all
persons is that the central construct of all human rights. These rights are selected to be universal
in application, inalienable in exercise and inherent to any or all persons. Kinsmen are entitled to
some basic and natural rights otherwise their life would be nonsensical.
Human Rights are those smallest rights that are obtainable to each soul while not distinction of
language, religion, caste, position, sex, social and economic conditions of the society. Human
rights are on the increasing demands of the humankind for a life within which the inherent
dignity and value of every soul can receive respect and protection. These rights change people to
completely use their intelligence, skills and conscience to satisfy non secular and different wants.

A right may be a multi-dimensional dynamic conception, clench most areas of life like social,
cultural economic and political fields. In keeping with professor H.J. Laski, “Rights square
measure those conditions of social life, while not that, no man may be his best self”.
Professor inexperienced defines “a right as an influence, claimed and recognized
as contributing to common good”. Human rights square measure referred as
an elementary rights, basic rights, inherent right, natural rights and birth rights. Human
rights square measure rights of remarkable importance and belong to each individual by virtue of
being a personality's. These rights square measure necessary to make sure the dignity of
each person as a personality's being regardless of race, religion, language, caste, sex or the
other reason. Human rights square measure subjective means that they're properties of individual
subjects World Health Organization possess them due to their capability of rationality, agency
and autonomy. The notion of generality has been criticized for its vision defect towards the
problems of cultural variations. Once human rights square measure warranted by a written
constitution they're called elementary rights as a result of a written constitution is that the organic
law of the state.

DEFINITIONS
The international organization Centre for Human Rights defines Human Rights as “those
rights that square measure inherent in our nature and while not that we tend to cannot live as
human beings” The Universal Declaration of Human Rights that adopted on Dec.10th 1948,
defines human rights as “rights derived from the inherent dignity of human person” The
Protection of rights Act 1993 states” Human Right means that rights with reference to life
liberty, equality and dignity of the people secure by the constitution or embodied within
the International Covenants and enforceable by courts in India.” D.D Basu outlined human rights
“are those minimum rights which each individual should have against state or alternative public
authority by virtue of being a member of human family, regardless of the other consideration”.
He additionally state that the idea of right is as recent because the ancient belief of natural
rights funded on construct , the expression human is of recent origin. Dr. Upendra
Baxi whereas making an attempt to explain human rights says that for the primary time in recent
history, we tend to move from conceptions of rights as resources for people against state power
to a conception of human rights as species rights likewise. M.C. Bhandare considers that the urge
for the protection of the human rights emanated out of the gross violence
proceeding throughout the two World Wars of the century. Justice M.H. Beg,
former magistrate of India, whereas shaping human rights declared that human rights imply
justice, equality and freedom from whimsical and discriminatory treatment; these can not
be subjected to coercion for holding explicit non secular beliefs.

Subhash C Kashyap opined that human rights are those “fundamental rights to which each man
inhabiting any a part of the globe ought to be deemed entitled by virtue of getting been
born somebody's being”.

Milne outlined “human rights are merely what each individual owes to each
alternative individual and in and of itself represent universal ethical obligation”.

CHARACTERISTICS

1. Human rights represent claims which individual or groups make on the society.

2. These rights are inalienable and human beings are entitled to them by birth.

3. These rights are the basic minimum requirement for survival of human beings in society.

4. It is universal in character but not absolute.

5. It is protected and enforced by the authority of the state.

IMPORTANCE OF HUMAN RIGHTS

Human rights square measure, within the 1st instance, ethical rights and that they derive their
strength on moral grounds. Human rights square measure unimaginable while not the first right
of freedom of thought and expression that acknowledges dignity and individuality of each people
at large and derives its justifiability from ethical and moral issues it's been appreciated that while
not right, humanity cannot progress. That’s why, over the past sixty years, the
individual individual has step by step no inheritable an increasing range of internationally
recognized human rights and obligations. Throughout the time of the 2 World Wars, we tend
to witness the deprivation of the human values and rights. But once the
Second war, several nations became freelance and that they may shield the rights and also
the liberty of the individuals. The global organization Charter terribly clearly fixed the
importance of the human rights. The global organization Charter has declared that the aim of
United Nation is “to attain international co- operation
in finding international issues of an economic, social, cultural and humanitarian character and in
promoting and inspiring respect for human rights and for basic freedom for all while
not distinction on race, sex, language or religion”. Universal Declaration of Human
Rights expressed the importance of the human rights in Article one, that declares, “All people at
large square measure born free and equal in dignity and rights”. The rights and freedom
contained within the declaration were thought to be being obtainable to any or all while
not distinction of race, colour, sex, language, religion, political or different opinion, national or
social origin, property, birth or different standing. Justice P.N. Bhagwati, the
previous judge of India , is of the read that basic rights square measure of nice importance for
individual freedom, however the basic rights square measure a awfully stripped set of rights and
so human rights , that square measure derived from the inherent dignity of the human person and
canopy each facet of and not simply a little range of most well-liked freedom against the state,
have tremendous significances right s Conference referred to as by the international organization
General Assembly in 1968 declared that since human rights and basic freedoms square
measure indivisible by, the complete realization of civil and political rights while not the
enjoyment of economic , social and cultural rights is not possible.

The cores of rights include:

1. The right to respect human right and dignity.

2. The prohibition of selfdom, slavery, bonded labour and torture.

3. The protection from the arbitrary deprivation of liberty

4. The prohibition of discrimination on racial, religious, linguistic or similar reasons.

In our constitution the political and civil rights square measure termed as basic rights and
enshrined within the half third of the constitution. They’re currently six classes of rights.

1. Right to equality. 2. Right to freedom. 3. Right to freedom of faith. 4. Cultural and

academic Rights. 5. Right against exploitation half dozen. 6. Right to constitutional remedies.
The social and economic rights square measure enclosed within the directive principles of state
policy.

EVOLUTION OF HUMAN RIGHTS

The construct of human rights has step by step evolved over the
past many centuries. It’s immaterial whether or not you decision this right as inherent
rights elementary rights or by another name .These rights, by themselves, haven't
any mounted content as has been justified remarked by Justice Mathew and most of them square
measure empty vessels into that every generation has poured its content within the light-
weight of its expertise. Human rights as formed within the previous few decades of the
20th century square measure justifiable claims on behalf of all men to company action.
The genesis of the construct of human rights will be derived to the emergence of the classical
liberalism. Classical liberalism created a fervent defense of the principles like competitive
individualism, personal property market ethics etc. It hold dear the legitimating of individual
liberty, his development and human progress though' the functioning of the higher
than principles. The thought of the rule of law, restricted government and
individualism characterized the seventeenth and eighteenth century anti-nationalist faculty of
political liberalism.
There exist completely different viewpoints concerning the origin of right. Some students trace
the origin of human rights to spiritual tradition. Another argument is that right is very indebted to
the enlightenment. The required condition for enlightenment, that combined to bring and
finish to the center ages in Europe, includes scientific revolution, rise of mercantilism, launching
of maritime exploration of the world, the consolidation of the state states and emergence
of bourgeoisie. Of these contributed the event of human rights.
It is conjointly aforementioned that the roots of the rights will be derived within the Babylonian
Law. Babylonian king Hammurapi issued a collection of laws known as Hammurabi’s code.
In Bharat the drama of sacred writing amount created the ethical basis for human rights. Human
rights are supported the construct of concept and Natural rights.

The origin of the idea of conception will be derived to the stoics. Stoic thinkers postulated a
cosmopolitan philosophy, target-hunting by the principle of equality of all men and universal
application of conception supported reason. Within the evolution of human rights this
idea of conception contends a distinguished role. Cicero was the robust supporter of the stoic
theory of conception. Romans applied the stoic idea of conception within the formation of body
of legal rules for the administration of justice. They developed this body of rules on the
premise of customs and by the appliance of reason. The idea of right was conspicuous in
ancient Ellas and in Asian nation. The traditional Kings in Asian nation cared for the welfare of
the folks. The rights of individuals is especially recognized and guarded by ethical and non
secular settled and also the object got derived from conception that was the ruling law within
the evolution of human rights, the trendy faculty of conception, junction
rectifier by dramatist Grotius created nice contributions. He created
conception which conception theory got reworked into the natural rights theory.
Natural Rights Theory Proponents of natural rights explained that natural rights square
measure rights happiness to an individual naturally and since he was a person's being, not by
virtue of his citizenship in a very specific country or membership in a very specific non
secular or group. Thomas Hobbes (1588- 1679), Locke (1632-1704), Jean Jacques Rousseau
(1712-1778) square measure the 3 main thinkers WHO developed the natural rights
theory. Locke WHO urged that sure rights square measure ‘natural’ to people as folks, having
existed even within the ‘state of nature’ before the event of the societies and emergence of the
state. Rousseau is thought to be the best master of conception faculty. He declared that
men square measure conferred with inalienable rights of liberty, equality and fraternity.
His ideas became the premise for the French Declaration of the Rights of Man and of the subject.
The yank Independence Movement of 1776 and also the French Revolution of 1789
were galvanized by the best of natural rights and each movements were wanted to challenge
governments that curtailed the natural rights of the folks. Additionally to the contributions of
the higher than 3 thinkers, we tend to could create a mention of Tom Paine (1731-1809). Tom
Paine, Associate in Nursing yank revolutionary thinker developed the school of thought of
natural rights while not linking it to Rousseau’s accord theory. He control that rights square
measure natural as a result of they were conferred upon man by God himself.

DEVELOPMENT OF HUMAN RIGHTS

The human rights which we are enjoying today is developed though varies stages. The important
landmarks in the development of human rights are the following documents and struggles:

1. Magna Carta of 1215 2. Influence of Social Contract Theory

2. English Bill of Rights of 1689

3. American Declaration of Independence of 1776

4. American Bill of Rights of 1791

5. French Declaration of the Rights of Man of 1789

6. The Bolshevik Revolution of Russia of 1917

7. International Covenants on Human rights.

Each of those declaration and therefore the movement referred higher than, have created vital
contributions in advancing the thought of human rights. However, being product of their own
time and specific circumstances, they lack totality of thought and were slender in their scope and
application. as an example within the Greek form of government, rights existed just for the
‘citizens’ and not for the bulk WHO were named as “aliens” and “slaves”. Magna
Carta yield bound concessions just for the social organization lords (not for common
man), although it set limitation to impulsive rule and set the inspiration for the rule of law.
The yank Declaration followed by constitutional amendments or Bill of Rights contain
fairly thoroughgoing guarantees for the rights of man. However in observe their application
was for the most part confined to those that recognized what was abbreviated as WASP (white,
Anglo-Saxon, and protestant). Slavery continued to be a vicinity of system; the blacks of African
origin were named as “Negro” not as man. it had been in 1864 that slavery in America
was lawfully abolished once a bitter war that vulnerable the unity of the u. s..
While yank and therefore the French Declarations set the seal on the fundamental principles of
freedom of thought , human dignity and democratic government , the countries
undergoing speedy industrial enterprise has experiencing the necessity for additional social
justice and economic security. The Bolshevik Revolution in Russia (1917) went a
step additional. It emphasized that economic and social rights were as vital because the civil and
political rights.

HUMAN RIGHTS MOVEMENTS IN INDIA

Republic of India Civil society movement movements have mostly articulated and agitated for
right safeguarded by the constitution and its constant impingement by the state and its
instrumentalities. The people should be aware and argus-eyed if human rights area unit to be
‘realized’ and therefore the state is to be prevented from invasive of basic rights. Social
movements’ are unit a shot to alter establishments and practices. Social movements are
unit any express or implicit persuasion by non-institutionalized teams seeking public gain
by making an attempt to alter some a part of the system. They’re typically for the aim of
furthering the rights of a lot of teams inside a system, either through reform or a lot of radical
changes.

Historical Background

A number of social movements have marked in Indian History from the 1800’s onward.
Struggles were typically con to the government of that time. Though' their struggles, they gained
some reforms from the government. As an example, British people colonial govt. enacted some
changes for the case of social equality when efforts were initiated by people like Raja Ram
MohanRoy, Iswer Chandra Vidya Sagarand, Dayanand Saraswathi. Typically these changes had
positive impacts on teams that have traditionally been marginalized in Republic of India .
Women, as an example, were primary beneficiaries of latest laws that terminated the observe of
sati and allowed widows to hook up with. The movement for independence LED by the Indian
national congress, engaged during a larger struggle for democracy
that was inclusive of bigger human rights and civil liberties. Therein capability, the Iraqi
National Congress contested many restrictive laws contrary to civil rights like the Arms Act
1878and the Press infraction Act 1878. but the Iraqi National Congress additionally supported
some draconial laws throughout that point and wasn't an entirelydemocratising influence.

RELIGIOUS FUNDAMENTAL AND HUMAN RIGHTS

Although, several argue that faith provides a base for human rights primarily faith and human
rights are diametrically opposite to each other. Religion could be a social construction from a
Marxian purpose of read faith is associate degree instrument within the hands of the
dominant category in society that facilitate them to keep up the dominance. That produces the
purpose terribly clear faith works against the interest of the marginalized sections of the society.
The worst settled victims of non secular Protestantism the vulnerable section within
the society. Girls are invariably a crucial target of fundamentalist movement. All major non
secular religions had historically outlined totally different roles for men and entitled women
submission and obedience to men. It dis-empowers the general public authorities
from protective girls’ rights. The feminists outlined non secular Protestantism as radical a
patriarchy that ignores philosophy between sexes. The ladies are the victims of just about all evil
rituals and customs of faith just like the sati, devdasi, purdah, excision etc. there's discrimination
on girls in several countries. The right of the ladies is delegated to men in Kuwait. Some
countries penalize the ladies for violating the non secular codification. Republic of Iraq and
Kurdistan permits men to kill their mate just in case of well-tried flattering. the
opposite necessary vulnerable sections also are the victims of Protestantism like Dalit’s,
tribes, kids and minorities of faith, language sex etc. The follow of untouchability,
differential penalty for same crime, human sacrifices are example of right violation. The
acute style of Protestantism like communalism and coercion results in direct infringement of
rights together with the correct to life.

CONCLUSION:

There is always a hierarchy in the subjects of human rights law. No human rights can be
detracted from the individual’s human rights, and human rights laws recognize certain rights of
the groups. Moreover, the diversity of the cultures and civilization, beliefs and traditions, history
and aspirations reflected in polico-legal system, give rise to ever changing meaning to ‘human
rights’. The notion of generality has been criticized for its vision defect towards the problems of
cultural variations. Once human rights square measure warranted by a written
constitution they're called elementary rights as a result of a written constitution is that the organic
law of the state. Human rights enable individuals to fully use their intelligence, talents and
conscience to satisfy spiritual and other needs.

REFERENCE:

[1] Singhal, S.C., 2008, Human Rights, Laksmi Narain Agarwal, Agra

[2] Chaube, S.P., History of India Education, Vinod Pustak Mandir, Agra-2

[3] Joshi, S.C., Human Rights, Akansha Publishing House, New Delhi-02

[4] Agarwal, H.O., Human Rights, Central Law Publications, Allahabad