NATURE AND DEVELOPMENT OF HUMAN RIGHTS

This article is written by Tanishka Dhingra of University of Petroleum and Energy Studies

ABSTRACT

Human rights are fundamental rights that are moral precepts or standards established for accepted human conduct and are safeguarded by local or international law. No matter their age, caste, creed, gender, religion, race, origin, or region, all people have access to these. These are referred to be unalienable fundamental rights that belong to every person. Additionally, they put a duty on all other people to respect everyone else’s rights. Additionally, according to John Locke’s notion of unalienable rights, everyone is born with certain fundamental natural rights that are unalienable and unassailable. These rights include the freedom to live and own a home, which is also protected by a nation’s fundamental human rights for its residents. The rights guaranteed to a person from birth are all covered under the Universal Declaration of Human Rights (UDHR). It is a landmark document with 30 articles that outlines all human rights and was adopted by the UN General Assembly in 1948. The UN Human Rights Council has made these generally protected. 

KEYWORDS: Human Rights, UDHR, NHRC, Future of Human Rights, Fundamental Rights

INTRODUCTION

The phrase “human rights” refers to all of those liberties that are fundamental to who we are as people and without which we cannot survive.  Human rights are an enduring aspect of what it means to be human. Human rights are divided into three groups, including those recognized by the International Covenant on Economic, Social, and Cultural Rights of 1966, the International Covenant on Civil and Political Rights of 1966, and the Collective Rights of 1966. Despite appearances, the concept of human rights could be more modern. It has evolved over the course of many eras of human history.

 The idea of human rights and its advantages were once primarily reserved for members of upper social strata. Certain freedoms were later recognized to be accessible to all citizens by the Bill of Rights, 1689.

The United States of America defined a number of unalienable rights to be human rights in its Declaration of Independence in 1776.  All men are born free, remain free, and have equal rights, as proclaimed following the French Revolution. International law includes the idea of human rights. Because it has transcended all geographical limits and is now acknowledged on a global scale, the concept of human rights has actually attained an international position.

WHAT ARE HUMAN RIGHTS?

Given that humans are rational beings, they are born with a set of fundamental rights. Because they take effect at birth, these rights are inalienable to all people. These rights control a person’s social, moral, spiritual, and bodily well-being. The terms fundamental rights, basic rights, inherent rights, natural rights, and birth rights are also used to describe them.

Human dignity is the foundation of human rights, as Chief Justice of India J.S. Verma observed with great justification. Human rights are all rights that are necessary for an individual’s safety, respect, and ability to grow as a person.^[1]  Human rights, according to D.D. Basu, are the fundamental rights that every person must have in opposition to the state or any other authority, without regard to any circumstances. ^[2]

The fact that modern international law acknowledges human dignity and honor is one of its accomplishments. This has also been reflected in the various human rights declarations and conventions that the UN has ratified. By inserting provisions into the national constitutions of the various nations, the conventions have attempted to safeguard the rights of individuals on a national basis. Many non-governmental organizations at the local, state, federal, and international levels work to expose instances of human rights violations and try to stop them.

HISTORICAL BACKGROUND

Three eras can be used to categorize the history and development of human rights in India: Ancient, Mediaeval, and Modern.

Human Rights In Ancient India

Human rights are not a foreign notion to Indian political philosophers and thinkers. The idea predates even ancient civilizations. The Dharma principle served as the cornerstone of ancient Indian law. The epics Ramayana and Mahabharata teach us that Dharma was established to promote the welfare of all animals and to prevent them from harming one another. In The Bhagwad Geeta, righteousness is referred to be the core of Dharma. Dharma is referred to in the Upanishads as the universe’s fundamental principle. The idea of “Vasudheiva Kutumbakam” (the entire world as one family) is discussed throughout the Vedas and Smritis. The equality and dignity of humans are a central theme of all four Vedas. The Buddha’s teachings were successful in defending human rights.  The great King Ashoka was successful in establishing a welfare state and giving his subjects fundamental liberties and privileges. Since there is no discrimination based on caste, creed, gender, sex, or religion, it is obvious that Ancient Indian Literature supported expanding and encouraging human rights, freedoms, liberty, and equality for all individuals.

Human Rights In Medieval India

The Middle Ages represent India’s Muslim history. Rights in terms of social, political, cultural, and religious were recognized during the pre-Mughal era. But when the Mughals came into power, the idea of human rights was forgotten. However, Akbar’s reign (1526–1605) demonstrated that social, religious, and political liberties were highly valued. He attempted to promote secularism and religious tolerance in his Din-E-Ilahi (divine-religion) theological doctrine. Similar to how other religious movements like Bhakti (Hindu) and Sufi (Islamic) significantly influenced the development of human rights, which were occasionally repressed by other Mughal Emperors like Babar, Humayun, and Aurangzeb.

Human Rights In Modern India

 British rule over India has been a defining feature of the modern age. The British government in India not only denied the Indian people their freedom during this time, but also ruined their economy, politics, culture, and spirituality by relying on the exploitation of the populace. Every Indian felt emphatic that in order for them to live in a civilised society after experiencing colonial tyranny, the recognition, preservation, and application of human rights were not only necessary but also inalienable. The Preamble, Fundamental Rights, Directive Principles of State Policy, newly added Fundamental Duties, reservation for scheduled castes and tribes, specific protections for Anglo-Indians and other backward classes, and reservations for scheduled castes and tribes are all significant constitutional provisions from the perspective of human rights. 

The study of human rights in relation to the Indian Constitution demonstrates that practically all of the human rights outlined in the numerous international conventions, covenants, and treaties are enshrined in the Constitution such as:

Universal Declaration of Human Rights, 1948;

Convention on the Rights of Child, 1989;

Convention on the Rights of Persons with Disabilities, 2006;

National Commission for Women Act, 1990;

Protection of Civil Rights Act, 1995;

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989;

Immoral Traffic (Prevention) Act, 1987;

Bonded Labour System (Abolition) Act, 1976;

Juvenile Justice (Care and Protection of Children) Act, 2000;

Child Labour (Prohibition and Regulation) Act, 1986, etc.

CLASSIFICATIONS

There are not many different types of human rights because they are inherent and dependent on one another. All people have these fundamental rights regardless of their age, sex, caste, creed, color, religion, geography, or nationality. They are all equally vital and inalienable. Although the Universal Declaration of Human Rights only stated two categories of human rights:

Political and civil rights

Economic, social, and cultural rights

1. CIVIL AND POLITICAL RIGHTS

Civil rights are those that safeguard a person’s life and individual liberties. They are essential to upholding a person’s dignity. These include freedoms like the right to privacy, the right to possess property, the freedom of thought, religion, and movement, as well as the life, liberty, and security of an individual.

Political rights are those that permit someone to take part in governmental affairs. These include privileges like the ability to vote and hold office. Although these rights have various natures, they are connected to one another. The International Covenant on Civil and Political Rights covers both of these rights.

2.  FUNDAMENTAL RIGHTS

Some human rights are guaranteed to state citizens by constitutional clauses and cannot be violated at any cost, not even by the government. These are referred to as basic rights. ‘Fundamental rights’ is a phrase that appears in numerous governmental declarations and constitutional clauses. Men have inherent rights and are free and independent beings, according to the Virginia Declaration of 1776. Men are given equal rights and freedom at birth according to the French Declaration of Man and Citizen Rights of 1789.

3. NATURAL RIGHTS

Human rights, often known as natural rights, have a long history that is founded in natural law philosophy and ancient times. One of the earliest authors to provide a general ethical code of behavior was Plato. According to Aristotle, rights alter depending on the many conditions that society encounters from time to time. Natural law, which contends that law must reflect moral thinking and must be tied to morals ingrained in a person or established by society, is the source of natural rights. On the other hand, positivism contends that the establishment of human rights results from the passing of laws and other legal orders that are accompanied by a range of penalties.

4. MORAL RIGHTS

Moral rights are those aspects of human rights that affect a person’s moral and spiritual behavior. Since they highlight different moral ideals that cannot be highlighted by any set of institutional rights, they are primarily found in moral rights. They advocate for moral principles like esteem for all people, fraternity, secularism, preservation of life, and social harmony, among others. The state and its citizens are morally bound under human rights to respect and uphold the rights of others. If this is done, it will be punished in accordance with the established statute’s rules.

5. ECONOMIC, CULTURAL & SOCIAL RIGHTS

These rights, which are sometimes known as freedoms, ensure that a person has access to the bare essentials of existence. The International Covenant on Economic, Social, and Cultural Rights also mentions them. These are considered positive rights since the state must create the laws and policies necessary to carry them out. These are second-generation rights that are based on the idea of social equality. These privileges include the right to employment, social security, good health—both physical and mental—and education.

THEORIES ON HUMAN RIGHTS

1. INTEREST THEORY

Jeremy Bentham (1748–1832), a utilitarian who developed the interest theory, emphasized the value of moral rights in legal systems while also being harshly critical of it. His belief was that a person may be regarded as having the right to vote if certain laws and rules were adopted.

2. WILL THEORY

H.L. Hart (1907–1992) presented the will theory and emphasized the value of individual independence or liberty. He primarily concentrated on the freedom of every person, which means that in the beginning, freedom and well-being are the two prerequisites for a rationally purposeful actor. They serve as the fundamental criteria for a human being, which is defined as having the capacity to act logically and with purpose. Nevertheless, everyone has a right to access them. Both of these theories, however, have their limitations as well, based on the Will Theory’s absence of non-transferable rights and the cognitive skills of the right holders, and the Interest Theory’s limited interests and third-party interests.

3. THE MARXIST THEORY

It can also be taken into account that although it was originally thought that the concept of private property provided the foundation for the development of law and the state, this idea has since been refuted. Therefore, it is accurate to say that the Marxist theory has a significantly different understanding of human rights than other schools of thought.

SOURCES OF HUMAN RIGHTS

1. INTERNATIONAL TREATIES

These are the most significant human rights sources. There are numerous human rights accords that are enforceable by states that have signed on as parties.

 For instance, the American Convention, the African Charter on Human Rights, the European Convention on Human Rights and People’s Rights.

2. INTERNATIONAL CUSTOMS

These rights are applicable to all governments regardless of their assent since they have become international customary law through practice. Many of these rights are regarded as sources of human rights because they are incorporated into customary international law.

3. INTERNATIONAL INSTRUMENTS

The United Nations has ratified a number of declarations, resolutions, and proposals pertaining to human rights as a source of such rights. These include the Vienna Conference (1993), the Tehran Conference (1968), and the Universal Declaration of Human Rights (1948), among others.

4. JUDICIAL DECISIONS

By establishing precedents and rulings in numerous cases and conflicts involving human rights breaches, the International Court of Justice contributes significantly to the body of knowledge about human rights.

5. OFFICIAL DOCUMENTS

Human rights are derived from texts found in publications like the Human Rights Law Journal, Human Rights Review, European Law Review, and other official United Nations documents.

CHARACTERSTICS OF HUMAN RIGHTS

1. Human rights are fundamental freedoms that are accorded to every person, regardless of caste, creed, race, religion, nationality, or place of birth.
2.  These rights are unalienable. Many thinkers hold that these are inalienable inherent rights that were bestowed by God and cannot be altered or removed by anybody.
3. These rights are interconnected and indivisible. 
4. Everyone has them naturally and has had access to them since birth.
5. They are nonetheless protected even if the man is unaware of or fails to exercise his rights.  They guard people’s self-worth and individuality. Rights such as the right to life, the right to freedom, etc.

VIOLATION OF HUMAN RIGHTS IN INDIA

Human rights advocacy has been a significant cause of worry despite many government-enacted measures. In spite of several constitutional protections, violations of human rights nevertheless happen often in India. For instance, minorities and women are frequently the targets of violations of civil and political rights, and children are sometimes used as human shields in acts of racial or ethnic violence or kidnapped for ransom. Sociopolitical movements like the Naxalbari movement in West Bengal and unrest in Assam, Nagaland, and Manipur, for instance, highlight how fundamental human rights are trampled upon and denied to people. The situation has become out of control as a result of further territorial support given by international organizations in the form of guns, ammunition, trained personnel, financial assistance, and other things. Terrorism has cost the nation a great deal of money notwithstanding violations of peace and human rights. Indian Railways spent Rs. 10 crores on the 1993 Mumbai bombing, the film industry spent Rs. 5 crore, and other industries spent Rs. 500 crores. We are currently dealing with one of our nation’s most serious challenges, one that affects a sizable population    dispersed across around 35% of India’s land area.^[3]

THE NATURAL RIGHTS THEORY

The idea that a person has some fundamental, inalienable rights in comparison to a sovereign State has its roots in the principles of natural law and natural rights, even though the term “human rights” has its origins in international law, which is not older than World War II. Three key thinkers—Thomas Hobbes (1588–1679), John Locke (1632–1704), and Jean-Jacques Rousseau (1712–1778)—developed the Natural Rights doctrine. The ‘Natural rights’ thesis was initially defended by Thomas Hobbes. He argued that no person should ever be denied the right to life, which he had in the state of nature, in his renowned work “Leviathan.” He said that, without exception, all people are equal. The concept was expanded upon by John Locke in his work, “Two Treatises of Government.” Every human being has an inherent right to life, personal liberty, and property, he claimed, and no government has the ability to violate these rights because people have always enjoyed them regardless of the development of civil or political society. The greatest teacher of the natural law school is recognized as Rousseau. Rousseau wrote in his well-known book, “The Social Contract,” “All men are born free but they are everywhere in chains.” ^[4]Men have the unalienable rights to liberty, equality, and fraternity, according to Rousseau. The French Declaration of the Rights of Man and of the Citizen was based on these ideas. The notion of natural rights was created by American revolutionary Thomas Paine, who did not connect it to the social contract theory. He believed that because God himself gave rights to man, they are inalienable. These rights are legitimate regardless of any nation’s legal system.

JUDICIAL DECLARATIONS ON HUMAN RIGHTS PROTECTION

The Protection of Human Rights Act is maintained by Indian courts and human rights are protected in India by the Constitution and international agreements. In the struggle for equality, the Supreme Court of India and various High Courts have handed down landmark decisions that have created new opportunities for growth.

Civil, political, economic, social, and cultural freedoms and rights are all included in human rights. ^[5] The Hon’ble Supreme Court of India declared in St. Mary School v. Election Commission of India^[6] that education is a fundamental human right since it is essential to comprehend the idea of progress.

In Ashok v. Union of India^[7], the Supreme Court of India held that Article 21’s “right to life” covers all aspects of life that give one’s life purpose, fulfillment, and value, including the right to a speedy trial, legal support, and a means of subsistence.

Everybody has the right to a dignified existence, which includes the right to food. Shantistar Builders —V- Narayan Khimlal Tatame^[8] was decided by the Supreme Court.

The Supreme Court of India ruled in Bandhua Mukti Morch v. Union of India ^[9]that everyone has the right to be free from “bound labour.” 

According to the Hon’ble Full Bench of Patna High in Ram Sewak Yadav —V- The State of Bihar^[10], there is a new law regarding “equal opportunity” for public employees in the state constitution, and every person eligible to apply has the right to apply and be considered under Article 14 of the constitution. In order to ensure equal participation possibilities for all qualified candidates, selection must first be made through an open advertisement, which will be followed by a selection process based on competitive merit.

The ‘right to health’ is a component of human rights, hence pharmaceutical costs shouldn’t be permitted to increase past a certain point. In Novartis AG V-UDI^[11], the Supreme Court determined that Article 21 covers the “right to life,” which includes everyone’s access to affordable, life-saving medications. Chapter 21 The management of the hospital has also verified ethical working conditions for the general public.

The right to be heard before instructions are given protects against being called unfavorable names. Public Concern for Governance Trust v. State of Maharashtra, Indian Supreme Court. Article 2l ensures that the atmosphere is hygienic, pristine, and secure. Compensation or corrective action may be awarded against the authority or establishment at fault if pollution endangers someone’s health. Along with the right to equality, these are fundamental rights for women. Both the right to life and other fundamental human rights are violated, making it a crime against the person. The rights mentioned above are not exhaustive; they are merely examples.

LANDMARKS IN THE DEVELOPMENT OF HUMAN RIGHTS

1. The Magna Carta, 1215.

 The most significant constitution ever drafted is the Magna Carta, also known as the Great Charter and written in 1215. Defense against the king’s arbitrary actions was its main priority. The 63 clauses of the Charter protected the barons against undue taxes while upholding the fundamental civil and legal rights of the populace. The English Church was also freed from royal interference. King John of England presented the Magna Carta to the English barons on June 15, 1215. The monarch was compelled to sign the Charter because the barons would not pay heavy taxes until he did.

2. The English Bill of Rights, 1689

The English Bill of Rights, passed by the British Parliament on December 16, 1689, is the next source and route of the idea of human rights. In no uncertain terms, the British Parliament proclaimed its authority over the Crown. The king has no superfluous power, according to the English Bill of Rights. The Bill of Rights codified the common law and made clear the citizens’ rights and liberties. It lays out the two pillars—the supremacy of the law and national sovereignty—upon which the English constitution is built.

3. American Declaration of Independence, 1776.

The thirteen States of America were the first colony to rebel against England. On July 4, 1776, these states formally proclaimed their independence from the mother country. The statement proclaims the American colonies’ freedom and accuses the king of oppression.

The Declaration of Independence is an important document in the history of mankind because it established the legitimacy of rebellion against an oppressive authority.

4. The U.S. Bill of Rights, 1791

The United States Constitution was adopted on September 17, 1787.^[12]The most obvious flaw in the original constitution was the lack of a Bill of Rights pertaining to individual liberties and private rights. Madison consequently proposed a Bill of Rights that included up to twelve amendments. The State legislatures approved ten of these. These ten constitutional amendments are referred to as the Bill of Rights. The underlying theme of the Bill of Rights is that citizens should be protected against public authorities abusing their power.

5. The French Declaration of the Rights of Man and of the Citizen, 1789

France entered a new era with the fall of the Bastille and the elimination of feudalism, serfdom, and class privileges by the National Assembly. The National Assembly proclaimed the Rights of Man and of Citizens on August 4th, 1789. 17 Articles were used to define the rights. Not only in the history of France but also in the history of Europe and humanity, the Declaration of the Rights of Man and of the Citizen has profound significance. The proclamation signaled the end of the previous administration and established a new social and political system based on admirable and brilliant ideals. Additionally, the declaration formed the foundation for other Constitutions drafted in various nations where the authors gave human rights the highest priority.

6. Declaration of International Rights of Man, 1929

 Following World War I, questions regarding fundamental liberties and human rights began to be raised. The Declaration of International Human Rights was adopted by the Institute of International Law in 1929. In the Declaration, it was stated that the fundamental rights of citizens, which are recognized and protected by many domestic constitutions, particularly those of France and the United States were actually intended for all men everywhere in the world, without exception.

7. The UN Charter, 1945.

All 51 participants at the United Nations Conference in San Francisco contributed to the creation, unanimous approval, and adoption of the United Nations Charter.  The significance of the Charter comes from the fact that it is the first official document where the term “human response to the country’s high taxation of its citizens. It is also renowned for bringing the idea of jury trials to the world. In this way, every nation’s constitution or legislative provisions guaranteed a certain set of fundamental rights to its residents. Can we say that these rights are sufficient to safeguard people’s lives and liberties given the expansion of technology, the effects of climate change, and scientific advances? Even though the state is required by law not to violate these rights, these rights are occasionally breached by various actions and steps taken by the authorities. The right to life of the accused is threatened by a variety of penalties, including death, torture in prison, harassment, and the use of third-degree and scientific methods in the course of an inquiry. Misuse of social media violates a person’s privacy and makes it easier for others to snoop into their personal lives in a variety of ways.  Similarly to this, discrimination against persons of other nationalities in a country violates a number of fundamental freedoms. Some of the fundamental human rights are indirectly protected by other rights and not directly by the constitution of a state. For instance, the right to privacy under the Indian Constitution is included in the scope of the right to life and personal liberty under Article 21, not just as a separate fundamental right. Because the people and the state do not take it seriously, it is frequently broken.

Because society   is dynamic, change is necessary.^[13] Human rights must be adjusted to reflect the changes in society. Access to the internet needs to be included in the list of human rights today because it affects everyone’s daily lives. The Indian Judiciary also acknowledged this privilege in the 2020 case of Anuradha Bhasin v. Union of India.^[14] With the LGBTQ population now being accepted in society, it is important to recognize their rights seriously in order to shield them from abuse. All of this demonstrates that human rights must be improved in order to satisfy the requirements and wants of individuals in contemporary society.

CONCLUSION

The fundamental rights that every nation’s inhabitants are given are based on human rights. These fundamental liberties, which are unalienable, universal, and interdependent, belong to every person from the moment of birth until the moment of death. These are mostly covered by the United Nations’s Universal Declaration of Human Rights. Every nation has a commission tasked with upholding both core constitutional rights and the citizens’ human rights. For instance, in India, the State Human Rights Commission (SHRC) and the National Human Rights Commission (NHRC) both endeavors to defend human rights and adjudicate any disputes involving their infringement. The scope of human rights today is much larger. In recent years, as people’s lives and living conditions have improved, its scope has expanded. However, society still requires a robust framework to guarantee that human rights are upheld. In a civilised society, having human rights is a fundamental human right.

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^[1]

^[2]

^[3] Dr. Alpesh Upadhyay, HUMAN RIGHTS IN MODERN INDIAN SCENARIO, Volume 6, International Journal of Creative Research Thoughts, 1576 ,1577 (2018), https://ijcrt.org/papers/IJCRT1705225.pdf

^[4] Human Rights: Nature & Constituents, Mumbai University, https://archive.mu.ac.in/myweb_test/SYBA%20Study%20Material/fc.pdf

^[5] Dr. Alpesh Upadhyay, HUMAN RIGHTS IN MODERN INDIAN SCENARIO, Volume 6, International Journal of Creative Research Thoughts, 1576 ,1577 (2018), https://ijcrt.org/papers/IJCRT1705225.pdf

^[6] (2008) 2 SCC 390

^[7] AIR 1997 SC 2298

^[8] AIR 1990 SC 630

^[9] AIR 1984 SC 82

^[10] 2013 (1) PLJR 964

^[11] AIR 2013 SC 1311

^[12] Human Rights: Nature & Constituents, Mumbai University, https://archive.mu.ac.in/myweb_test/SYBA%20Study%20Material/fc.pdf

^[13] Ibid

^[14] Anuradha Bhasin v. Union of India, India Kanoon, https://indiankanoon.org/doc/82461587/