CHAPTER-V

CONCLUSION
 Human rights have to do with the all-round development

of the human person in harmony with that of his fellow beings in the

totality of the relations in a society. The concept of human rights is

necessarily evolving in nature, a space with the evolution of human

civilization in the context of a changing social, political, economic and

cultural milieu. It is therefore, a daunting task of the State to create

societal conditions which will enable a person to nourish his best self in

the society.

Rights and duties are co-reiated. They are co-related in

the sense that a person’s obligation becomes conditional for the

enjoyment of the rights of others. The concept of human rights centres

around individual, whose survival and existence would be the main

concern of all categories of rights, be it social, political, economic or

cultural. Rights are also regarded as universal. Impresctible,

indivisible and interdependent. The indivisibility of rights is established

by the fact that the socio-economic rights are prerequisite to make civil

and political rights meaningful. Human rights can be best protected

and guaranteed in a democratic polity, in particular which is

characterised by certain institutions like Constitution, rule of law,

independent and impartial judiciary, popular legislature, multi-party

system, free press, pressure groups, various civil and democratic rights

groups, etc. All these features embody the principles of a liberal

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democracy, whereby the rights of citizens are legally and largely

ensured.

HUMAN RIGHTS: A HISTORICAL PERSPECTIVE

Mankind aims at creating a humane society. This is an

age old desire and its roots are found in the ancient Indian Civilization

- both in vedic literature as well as in the prophecies of Buddha and his

contemporaries. There may be differences in the approach towards

analysing the concept of humaneness in the society, but the basic

protection of the human qualities remains common denominator in all

such analyses. In the contemporary world it is known as human rights.

Human rights are those rights which are considered to be absolutely

essential for the survival and personality development of all human

beings.

Through the course of its development, human society

has stratified itself into various sections, sectors and levels. They may

be differentiated on the basis of caste, colour, spatial origin, sex,

occupation and of physical strength. Development of a proper and

egalitarian humane society, despite differences is what human rights

aim at achieving. These basic rights, which when denied to human

beings create immense sufferings for the individuals, and tensions in

the society. Being the basis of any humane society, they have also

been referred to as ‘Fundamental Rights’, ‘Basic Rights’, ‘Natural

Rights’ and above all 'Human Rights’.

The concept of 'human rights’ is necessarily evolving in

nature apace with the evoluation of human civilization in the context of

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a charging social, political, economic and cultural milieu. It is the

product of a given social order. The idea of inalienable rights of human

being is, however, much older and has found expression in the writings

of poets, philosophers and politicians in antiquity and in the middle

ages.

Since the days of the Indus Valley civilization down to this

day, the Indian Culture has been the product of synthesis of diverse

cultures and religions that came into contact with the enormous Indian

sub-continent over time.

When resistance to religious intolerance and politico-

economic bondage began, the transition to liberal notion of freedom

and equality, particularly in relation to the use and ownership of

property, the foundations of what today are called ‘Human Rights’ were

laid.

The origin and development of human rights has been on

two bases, the first is the national and second is the international.

The roots for the protection of the rights of man may be

traced as far back as in the Babylonian Laws. Assyrian Laws, Hittiti

Laws and in the Dharm of the Vedic period in India. Writings of Plato

and other Greek and Roman Philosophers also depict for the protection

of human rights though they had a religious foundation. The City-State

of Greece gave equal freedom of speech, equality before law, right to

vote, right to be elected to public office, right to trade and the right of

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access to justice to their citizens. Similar rights were secured to the

Romans by the Jus civile of the Roman Law.

The Magna Carta granted by King John of England to the

English baron on June 15, 1215 ensured feudal rights and dues and to

guarantee that the King would not encroach upon their privileges.

The Carta implies that there were laws protecting the

rights of subjects and communities which the King is, bound to observe

and if he fails to do so, be compelled to observe by force. Thus the

Carta set fortn the principle that the power of the King was not

absolute.

The Magna Carta’s importance lies on the interpretations

of the principles by the succeeding generations. In 1216-17, during the

reign of John's son, Henry III, the Magna Carta was confirmed by

Parliament, and in 1297 Edward I confirmed it in a modified from. The

Carta was buttressed in 1628 by the Petition of Rights, and in 1689, by

the Bill of Rights, to form the platform for Parliamentary superiority over

the Crown and to give documentary authority for the rule of laws in

England.

The expression fundamental rights of man find in the

declarations and constitutional instruments of many States. For

instance, the Declaration of independence of the Thirteen United

States of America in 1776. The Virginia Bill of Rights, 1776, the

Constitution of the United States of 1787 with amendments in 1789,

1865,1869 and 1919 included rights of man.

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 The French Declaration of the Rights of man of 1789 led

other European countries to include the provisions in their laws for the

protection of human rights. Since the beginning of the nineteenth

century it was recognized by most of the states that human beings

possess certain rights. Worth of the human personality began to be

realised.

INTERNATIONAL DECLARATIONS AND CONVENTIONS ON

HUMAN RIGHTS:

The present day human rights movement is the result of

the experiences of the World War II. During the war, shocking crimes

were committed against the humanity and there was total suppression

of fundamental rights.

Nazi leaders of Germany had established a regime of

complete lawlessness and tyranny. They had barbarously negated

human values and dignity within their territories under their occupation.

It was at that time realized that the restoration of the freedoms and

rights to the people is one of the essential conditions for the

establishment of international peace and security. This conviction was

reflected in the proclamation.

Issued by the President Franklin D. Roosevelt on January

6, 1941 which came to be known as ‘Four Freedoms’. These he listed

as freedom of speech, freedom of religion, freedom from want and

freedom from fear. In the message he declared: ‘Freedom means the

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supremacy of human rights everywhere, our support goes to those who

struggle to gain these rights or keep them'.

The efforts for the creation of an international

organisation, in order to establish peace, were being made even when

the World War II was in progress. A number of conferences and

meetings were held before the United Nations, an international

organization, was established in 1945. Many Declarations adopted by

the Conferences laid down the importance of human rights. The Joint

Declaration issued by the President Franklin D. Roosevelt of the United

States and the Prime Minister Winston Churchill of the United Kingdom

on August 14, 1941 in a document known as the Atlantic Charter,

cherished the hope for a peace which will afford assurance that all the

men in all the lands may live out their lives in freedom from fear and

want.

The Declaration of the United Nations signed on January

1, 1947 at Washington confirmed the principles of the Atlantic Charter

when it proclaimed that the protection of human rights in all countries

was to be one of the results which was desired to be obtained from the

victory over the Axis. Dumbarton Oaks proposals contained only a

brief reference to the promotion of human rights as one of the activities

to be performed by the proposed General Assembly, and under its

authority, the Economic and Social Council.

The first documentary use of the expression of human

rights took place in UDHR and two other international covenants -

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International Covenant on Civil and Political Rights (ICCPR) and

International Covenant on Economic, Social and Cultural Rights

(ICESCR) of 1966 which came into force in 1976 with the consent and

approval of the United Nations.

Human Rights Historical Development underscores

empirical realities of man’s struggle for rights being as old as history of

mankind itself. Universal Declaration of Human Rights adopted on 10th

December, 1948, has become the cornerstone of all activities deployed

at the international, regional and national levels to give substance to

the common ideal of humanity i.e., to protect every human being and

all the rights of all human beings.

In every age liberty, nothing else than a set of essential

rights, has been the most prized possession of man. It is a different

matter that it remained like a privilege of a very small section of the

people until the advent of democracy in the real sense of the term.

They struggled against anti libertarian forces and never allowed their

rulers to turn the clock back. Hence, came the title of human rights.

Moreover, as the civilized way of life grew, these rights became

available to more and more members of the society so much so that

liberty and equality became complementary terms. Thus a French

historian Alexis de Tocqueville could well aphorise: “there is nothing

which, generally speaking elevates and sustains the human spirit more

than and the idea of rights. There is something great and virile in the

idea of right which removes from any request its supplicant character,

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and places the one who claims it on the same level as the one who

grants if.

In this direction, Britain occupies the first and foremost

place where the greater charter of liberties, called Magna Carta, came

into being as early as in 1215 after getting the assent of King John.

The Magna Carta is the first document of its kind in the history of

human rights and liberties. It is true that it secured feudal, the charter

was a turning point in the history of England. The American colonists

raised the banner of revolt and declared their independence on July 4,

1776. The American Declaration of Independence is an epoch-making

document. The French Declaration of the Rights of man and citizen

adopted by the National Assembly on August 26,1789.

On the whole, a study of the important charters and

declarations of the three great countries of the world leaves one strong

and indelible impression on our mind that they set the foundation and

the peace of the progress of human civilization in a particular direction.

Since human rights cover people all over the world irrespective of their

social, cultural, racial ethnic, religious and communal differences, it is

natural that they have become a matter of international concern in the

present century.

HUMAN RIGHTS AND INDIA

The preamble of our Constitution affirms our belief in the

dignity of individual and integrity of the Nation. The rights of human

beings have a central place in our efforts to build a polity sustained by

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law. Our constitution guarantees fundamental rights to all citizens right

to equality and freedom, right to exploitation, freedom of religion,

cultural and educational rights and right to constitutional remedies.

The observance of these rights can strengthen our democracy - the

part and parcel of human rights.

Progress we define not by wealth of the elite but by the

welfare of the masses. We, Indians, always nurture a vision of humane

society. ‘Freedom brings its own responsibilities and burden', said

Jawahar lal Nehru. ‘And they can be shouldered only in the spirit of a

free people, self-disciplined and determined to preserve and enlarge

freedom’.

The Constitution of the Republic of India, which came into

force on 26th January, 1950 is an eloquent testimony of the nation’s

deep commitment to human rights. The Preamble to the Constitution

pledges to secure to all the citizens of India.

The establishment of a democratic and secular political

system and the reconstruction and modernizing of society and the

principles of egalitarian and respect for India’s cultural diversity were

central to the vision of Independence struggle. In 1931, the Indian

National Congress adopted a resolution on Fundamental Rights and

Economic Programme. This resolution expressed solidarity with anti­

colonial struggles and movements of social progress and democracy in

other countries and with the victims of fascist agrarian.

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 In recent years, however the question of human rights

has assumed global significance, particularly after the end of the cold

war and thereby democratization of world order. A genuine concern is

witnessed in favour of the enforcement of human rights norms, and

also the establishment of various governmental and non-governmental

agencies for the promotion and protection of such norms. In fact,

prescription of human rights norms find expression when it is enforced

by an independent, competent and impartial authority, though

upholding and promoting human rights is a responsibility and of every

individual, every group, every institution and every organ in the society,

the practical task of protection and promotion of human rights is

primarily a national one because state is known as the sole guardian,

guaranteer and protector of human rights. Towards this end every

country has its proper institutions supervising the relation between

individuals and the authority.

In recent years many countries have established national

institutions with the sole purpose of protecting and promoting human

rights; the specific tasks of such institutions may vary considerably

form country to country but they share a common purpose, and for this

reason they are referred to collectively as ‘National institutions for the

promotion and protection of human rights’. These institutions have a

very unique role in translating international human rights standards as

mentioned in the Universal Declaration of Human Rights and other

international treaties on human rights and giving them an indigenous

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flavour and acceptability without diluting their essential universal

characteristics.

India is bestowed with all principles and institutions of

democratic governance and is also a signatory to the UDHR and other

international covenants on human rights, which fortify India’s

commitment to and respect for human rights. Recently, it has taken a

significant initiative for the protection and promotion of human rights by

enacting the protection of Human Rights Act, 1993, which gives a

concrete shape to the Naiigpal Human Rights Commission. The Indian

Government has constituted a National Human Rights Commission,

under the Chairmanship of Mr. Justice Ranganath Misra. This is a

welcome step to prevent the infringement of human rights by an

authority, including government. The Commission has the power to

inquire suo-motu or op^^^implaint of human rights violation or

abetment and negligence in prevention of such violation by a public

servant. India is a vast country, the Commission at the district level or

State level should work under the supervision of the National Human

Rights Commission.

The National Human Rights Commission is playing a

significant role in creating mass-awareness and building mass-opinion

against the human rights violations in India. National Human Rights

Commission which sets a hallmark in the Indian civil liberties

movement was not a sudden development, rather than its necessity

was felt on various grounds. Let us hope that the divine gift of an

innocent smile may be restored to every human face.

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