What is human right ?
It is really a hard task to define right in terms of human as with changing society and need of human beings, the province and applicability of right that exist earlier are no longer relevant and need for new always come forward. So Human rights can be defined as rights which a human inherent.
Human beings are rational beings. They by virtue of being human possess certain basic and inalienable rights which are commonly known as human rights.(Human rights by Dr. H.O Agarwal 16th edition, pg 2) These are moral claim which are inalienable and inherent in individuals by virtue of their humanity alone sex, gender, caste, race , etc.
Section 2(d) of The Protection of Human Rights Act 1993 defines Human Rights as “human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India;
Since these rights belong to human due to their very existence, they become operative from birth and inherent by individuals irrespective of their caste, creed, religion, sex and nationality. Because of their immense significance to human beings; human rights are also something referred to as fundamental rights, basic rights , inherent rights, natural rights and birth rights.
Chief Justice of India J.S Verma has rightly stated that ‘human dignity is the quintessence of human rights. All those rights which are essential for the protection and maintenance of dignity of individuals and create conditions in which every human beings develop his personality to fullest extent may be termed as human rights.
The essence of Human Rights are brought to light and defined by Universal Declaration on Human Rights as Everyone is entitled to all the rights and freedoms ,without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other
limitation of sovereignty.
D.D Basu defines Human Rights as those minimum rights which every individual must have against the state or other public authority by virtue of his being a member of human family, irrespective of any other considerations ( Human rights in constitution law (1994) p.5 )
Human rights are therefore those rights which are inalienable and inherent in individuals because of him belonging to human family irrespective of sex , gender, caste , color, religion, race, etc. It is the minimal and elementary right that is necessary for dignity and existence of human beings, without these rights existence and development of human being will not be possible.
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