could not be permitted to surrender those rights by any citizen even of his/her own volition. These are the rights that are inviolable because they are not only vital for development and inflorescence of human personality for ensuring its dignity but also without them people would be reduced fo the level of animals. Human rights are neither privileges not gifts given at the whim of a ruler or gover ment. Neither can they be taken away by any arbitrary power. They cannot be denied no r can they be taken away or forfeited because an individual has committed an offence or a breach under any law.!! In the national sphere, the Protection of Human Rights Act, 1993, defines hui rights as “the rights relating to life, liberty, equality and dignity of the individuals guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India’'?, Thus in India only enforceable rights embodied in the Constitution are human rights. These definitions generally focus on one idea that the human rights apply to all human beings for reason only that they are human beings. This further distinguishes human rights from other legal, contractual and conventional rights. 2.1.2 Classification of Human Rights Human tights may be classified in various ways. Louis B. Sohn has classified human rights in the following three categories." 1) The Human Rights of First Generation; 2) The Human Rights of Second Generatios 3) The Human Rights of Third Generation ys and A) The Human Rights of First Generation (Civil and Political Rights) The human rights of first generation are civil and political rights of the individuals. The Civil and Political Human Rights are collectively known as ‘Liberty Oriented Human Rights’ as they serve negatively to protect the individual from excesses 4 ‘The Universal Declaration of Human Rights of 1948 Section 2(d) of Protection of Human Rights Act, 1993 * Louis B. Sohn, “The New International Law: Protection of the Rights of Individuals Rather than States”, 32 AmULLRev.| (1982), Cited by Dr TP. Tripathi, An Introduction to The Study of Human Rights, (Allahabad: Allahabad Law Agency Publications, 2008), p31.of the state, that is why they are also called negative rights. The human rights of first generation reflect long established human values and as such are incorporated not only i almost every Constitution of various States but also in the Universal Declaration of Human Rights, 1948 (Axticles 3 to 21); the International Covenant on Civil and Political Rights, 1966; in the European Convention on Human Rights and Fundamental Freedom, 1950, and in American and African instruments of 1969 and 1981, respectively. ‘These rights have developed from the time of Greek city states and over the period have found expression in different national charters. They have been coneretized in the form of Magna Carta of 1215; The American Declaration of Independence, 1776, and the French Declaration of the Rights of Man and the Citizen of 1789. First-generation human rights are often called "blue" rights as they deal essentially with liberty and participation in political life. Civil rights are referred to those rights, which are related to the protection of right to life and personal liberty, e.g, right to life, liberty, security, free speech, assembly and worship etc are some of the civil rights. Political rights may be referred to those rights, which allow a person to participate in the government, e.g. right to free elections and representative institutions are examples of poli al rights which provide legitimation, integration and participation by linking the ruler to the consent of the ruled. These rights are human rights arising out of the conflict between people and govemmental tyranny. For this reason, the main source of the civil and political rights is considered to be the American and French Revolutions. These rights came as formal assurance against the oppression and arbitrary governmental tyranny. Moses Moskowitz calls the human freedom and liberty as “the fruits of struggle against the authority of state”."4 As the civil and political rights are enshrined at the global lev they have given rise to rules of international customary law of general application and that’s why Louis Sohn has suggested that “the consensus on virtually all provisions of the covenant on civil and political rights is so widespread that they can be considered as part of the law of mankind, a jus cojens for all.'° B) The Human Rights of Second Generation (Economic, Social and “Moses Moskowitz, Hunan Rights and World Order, (New York: Oceana Publications Inco., 1958), p.ls9, "9 Ibid.Cultural Rights) Second-generation human rights are related to equality, guarantee of minimum necessities to the life of human being and they are fundamentally economic, social and cultural in nature. hts to education, health, clothing, housing, adequate standard of living, just and favorable condition, freedom from want, fear or terror are examples of economic and social rights. These rights require that the Government should act to secure these to the people. Freedoms of thought, of communication, and of cultural and aesthetic experience are examples of cultural rights These rights are sometimes called as "red" rights as they impose upon the government the duty to respect and promote and fulfill them, but this depends on the availability of resources. These rights are also called positive rights as it impose positive obligation on the state. The economic, social and cultural rights, including the rights of the rities are collectively known as the “Security Oriented Human Rights” because these rights collectively provide and guarantee the essential security in the life of an individual. In the absence of these rights, the very existence of human beings would be in danger. ‘These rights are incorporated in the Universal Declaration of Human Rights, 1948 (Articles 22 to 28) Cultural Rights, 1966. The main source for the origin of these rights is considered to be further in the International Covenant on Economic Social and the Russian Revolution of 1917 and the Paris Peace Conference of 1919. The Russian Revolution is ificant in recognising economic rights. The Paris Peace Conference is more significant for the establishment of the International Labour Organisation." The real credit for giving expression to economic and social rights goes to the American President Roosevelt. He, for the first time expressed his hope for an instrument dealing with the economic and social rights. In his message to the Congress of January 6, 1941, President Roosevelt referred to the four essential freedoms viz., freedom of speech and expression, freedom of every person to worship God in his own way, freedom from "© Fenwick, Charles G.. International Law, 3rd ed., Indian Reprint, 1971, n.67, p.152, The Intemational Labour Organisation has lid emphasis onthe concept of socal justice by proclaiming that “peace can be established nly if it isbased upon social justice”; and that the failure of any nation to adopt humane conditions of labour is an ‘obstacle inthe way of other tions which desire to improve the conditions in their own countries” wswant and freedom from fear to which he looked forward as the foundation of a future world."” “Freedom from want” formed the basis on which the concepts of economic and social rights were formulated. President Roosevelt in his another message to Congress in 1944 made the concept of “freedom from want” clear. He contemplated that “tue individual freedom cannot exist without economic security and independence” and that ‘people who are hungry and out of job are the stuff of which dictatorships are made”, thus economic truths have become accepted as self-evident. He was of the view that economic problems in the present day world have acquired alarming magnitude, therefore, he advocated for drastic economic and social reforms. In his opinion, “true individual ior 18 freedom cannot exist without economic security and independence”."* These pronouncements had exercised their full impact upon the United Nations when it began to address itself to the human rights issue." C) The Human Rights of Third Generation (Collective Rights) These are collective rights. These Development Oriented Human Rights are of a very recent origin, it originated in the late twentieth century. These rights enable an individual to participate in the process of all round development and include environmental rights that enable an individual to enjoy the absolutely free gifts of nature, namely, air, water, food and natural resources, free from pollution and contamination According to Louis B. Sohn, individuals are also members of communities family, religions communities, social or professional communities or racial communities (groups) or political community, the state. It is not suprising, therefore, that international law not only recognises inalienable rights of individuals, but also recognises certain colle! e rights exercised jointly by i viduals who are grouped into larger communities including people and nations.®” The right to self-determination, right to development, right to peace and right to solidarity, right to economic and social development, right to a healthy environment, right to natural resources, right to communicate and communication rights, See (1941), 35 ALL., p.662, cited in Dr. U. Chandra, Human Rights, (Allahabad: Allahabad Law ‘Agency Publications, 1999), p.21 ©" Eleventh Annual Message to Congress, Jan, 11, 1944, 2881, cited by Dr.U, Chandra, Human Rights, (Allahabad: Allahabad Law Agency Publications, 1999), p.21. ” Dr.U. Chandra, Human Rights, (Allahabad: Allahabad Law A gency Publications, 1999), p.21 ® Thomas Buergenthal and Dinah Shelton, Protecting Human Rights in the Americas, Cases and Materials, 1995, p.l1, cited in Dr.U. Chandra, Human Rights, (Allshabad: Allahabad Law Agency Publications, 1999), p, 21 wuright to participation in cultural heritage, rights to intergenerational equity and sustainability are examples of third generation human rights. These are known as the ‘Third Generation of Human Rights or Green Rights. These rights are also known as Solidarity Rights, because their implementation depends upon international cooperation. According to Karel Vesak, the third generation of right refers to the fraternity or brotherhood. This category of rights is based on the sense of solidarity, which is essential for the realisation of the major concern of the international community such as peace, development and environment.”! ‘The human rights of third generation infuse the human dimension into areas where it has all too often been missing having been left to the state or states and these rights can be realised only “through the concerted efforts of all the actors on the social scene; the individual, the state, the public and private bodies and the international community.” These are the rights which belong to people as group; they emphasise that human needs are best fulfilled within a collectivity. These rights have been expressed in many progressive documents of international law, including the Stockholm Declaration of the United Nations Conference on the Human Environmen 1972; the Rio Declaration on Environment and Development, 1992; and in other laws. D) The Human Rights of Fourth Generation (Fourth Generation of Subjective Rights) There is now also talk of a Fourth Generation of Rights linked mostly to issues of Intergenerational Justice or the Rights of Future Generations. Under the influence of globalization, scientific and technical progress — especially in the fields of computer science, medicine, genetics, cloning, transplantation — the list of new rights keeps extending Consequently, statements on the formation of the fourth generation of rights, which will become the legal answer to challenges of the 21* century, when it will be a question of “survival of humanity as a biological species, maintenance of civilization, Lecture by Karel Vessak, “Tenth Study Session of the Imernational Institue of Human Rights,” (uly, 1979), cited by Thomas Bergenthal and Dinah Sheton, ibid.,p.15. Ibid.space socialization of humankind” appear. We could put in the same category the so idual called rights of future generations, as well as rights that can not belong to an indi nor to social groups, including nations, they belong only to humanity as a whole. The rights of humanity would treat the common assets of the whole humanity. In this category are included the so called “rights related to genetic engineerin; rights which are on the doctrinal debate in what regards their recognition or prohibition of certain activities. In the classic way it is considered that rights related to genetics can be classified as belonging to this last generation of rights. In the same category it is possible to insert rights deriving from exploration and exploitation of cosmic space. Studying the human genome, genetic manipulation, in vitro fertilization, experiences with human embryos, euthanasia and eugenics are activities that can generate complicated legal issues, ethical, moral and even religious, reason for which public opinion has led States to deal with regulation of these issues. The European Council recommends to member states to adopt principles which will govern the relation between genetic engineering and human rights, in such a way that the right to life and dignity would be understood as a right over genetic characteristics of a person. 2.2 Theoretical Basis of Human Rights To have the essential understanding of human rights one is supposed to look at certain theories on the subject of human rights. The theories make available analytical tool to determine the subject matter of the concept up on which there might be in conformity. A precise insight into the major theories of human right is as follows: 2.2.1 Natural Law Theory Natural rights which were of the same category as relating to modern human rights were derived from natural law. The credit of giving birth to natural law goes to the Greek, with great scholars like Sophocles and Aristotle, Romans further developed it. According to Romans natural law embodied the elementary principles of justice which were the dictate of right reason.” From this natural law based on right reason, ‘the right © DrS.K Kapoor, Human Righis Under International Law And Indian Law, (Allahabad: Central Law Agency, 1999), p3.