EDUCATOR OF DELHI

BA LLB 4TH SEMESTER

HUMAN RIGHTS

(BL-4004)

BY MUKESH KIRAR

UNIT – 1
QUES 1:- Define human rights and Discuss its historical
development .

ANS :- Human rights refer to a set of inalienable and fundamental

rights that every individual is entitled to, simply because they are
human. These rights are considered to be inherent and universal,
regardless of an individual's race, gender, nationality, or religion.
They are meant to protect individuals from discrimination,
oppression, and other forms of abuses that can be perpetrated by
the state, other individuals, or groups.

The idea of human rights has a long and complex history, dating
back to the ancient civilizations of Greece, Rome, India, and China.
However, the modern concept of human rights has its roots in the
Enlightenment era of the 18th century, which saw the rise of liberal
and democratic ideas that challenged the absolute authority of
monarchs and other authoritarian regimes. The Enlightenment
thinkers, such as John Locke and Jean-Jacques Rousseau,
emphasized the importance of individual rights and freedoms, and
argued that governments exist to protect and promote these rights.

The French Revolution of 1789, which sought to overthrow the

monarchy and establish a democratic republic, also played a
significant role in the development of human rights. The French
Declaration of the Rights of Man and of the Citizen, adopted in 1789,
asserted the equality of all citizens before the law, the right to
liberty, property, security, and resistance to oppression. These
ideas influenced subsequent democratic revolutions and movements
for independence throughout Europe and the Americas.
The 19th century saw the emergence of a global movement for the
abolition of slavery and the slave trade. The efforts of abolitionists
such as William Wilberforce and Frederick Douglass helped to raise
awareness about the inhumanity of slavery and its violation of basic
human rights. The 19th century also saw the growth of women's
rights movements, which sought to secure women's right to vote,
access to education, and economic opportunities.

The 20th century witnessed the horrors of World War I and World
War II, which led to the deaths of millions of people and the
widespread violations of human rights by authoritarian regimes. In
response to these atrocities, the international community
established the United Nations in 1945, with the aim of promoting
international peace and security and protecting human rights. The
Universal Declaration of Human Rights, adopted by the UN General
Assembly in 1948, enshrined a broad range of civil, political,
economic, social, and cultural rights, and has since become the
cornerstone of modern human rights law and practice.

Since then, the international community has continued to develop

and strengthen the protection of human rights through a variety of
legal instruments, institutions, and mechanisms. The UN has
established several human rights treaties and conventions, such as
the International Covenant on Civil and Political Rights and the
Convention on the Elimination of All Forms of Discrimination Against
Women, which have been ratified by numerous countries around the
world. The UN also has several specialized agencies and bodies,
such as the Office of the High Commissioner for Human Rights and
the Human Rights Council, which monitor and promote human rights
at the global level.

Overall, the concept of human rights has evolved over time, driven
by a desire to promote justice, dignity, and equality for all human
beings. While progress has been made in protecting and promoting
human rights, significant challenges remain, such as poverty,
inequality, discrimination, and conflict. Nonetheless, the ongoing
efforts to promote and defend human rights continue to play a vital
role in ensuring that all individuals are able to live with freedom,
dignity, and respect.
QUES 2:- Discuss the different theories of Human Rights.

ANS :- “Human rights” in the words of R.J. Vincent, “are the rights
that everyone has by virtue of his very humanity. They are grounded
in our appeal to human nature.Human Rights is a dynamic concept.
It is most commonly referred to as Fundamental Rights or Natural
Rights. The significance of Human Rights is derived from its name
itself, rights that are necessary to protect human lives. The cost of
compromising such rights would be the death of human lives.
Human Rights are protected by various national, international
treaties and conventions. Article 1 of the Universal Declaration of
Human Rights of 1948 states that, “All human beings are born free
and equal in dignity and rights. They are endowed with reason and
conscience and should act towards one another in a spirit of
brotherhood”. Section 2 (d) of the protection of the Human Rights
Act, 1993 defines human 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.”

Moreover, Part III of the Indian Constitution recognizes fundamental

rights as the most set of rights which are universal.

What is Human Right?

According to Laski, “Rights are those conditions of social life

without which no man can seek in general, to be himself at his
best Documents asserting individual rights, such as the Magna
Carta (1215), the Petition of Right (1628), the US Constitution
(1787), the French Declaration of the Rights of Man and of the
Citizen (1789), and the US Bill of Rights (1791) are the written
precursors to many of today’s human rights documents”. Human
Rights arising out of self -respect. They are essential to fulfil the
purpose of life. Human rights are indivisible and include all basic
fundamental right to freedom, to live, to move and to equal
treatment. It is important to understand the comprehensive shifts in
the priority of human rights.
Human Rights are classified into:

1. Natural Rights – Rights that are inherent to humans on

their birth.
2. Moral Rights – Rights that deal with fair and just
principles of law.
3. Fundamental Rights – Rights that are basic and most
important for human enjoyment.
4. Legal Rights – Rights that are laid down in law.
5. Civil and Political Rights – Rights which are laid down by
the government for better economic growth of a country.
6. Social Rights – Rights which aid in eradicating social
inequalities.
There are two approaches to understanding the concept of Human
Rights: The philosophical Approach and the Pragmatic Approach.

Philosophical Approach

Theory of Natural Rights

As its name suggests, Natural Right are rights which are born when
human life is born. Humans are the creators of nature. The
existence of natural rights is inevitable, inherent and inalienable. It
is a natural right of a man regardless of its gender, caste, colour, or
creed. This right brings into existence the most common concept in
the law that all men are equal before the eyes of the law and no one
can be treated unfairly in any circumstance. John Locke advocated
this theory affirming that natural rights were gifted rights to humans
which cannot be abolished or taken away by the State. He also
believed that humans are intelligent enough to make decisions as
per their conscious. Such rights can be asserted anywhere. Any
oppression or discrimination faced is a direct assault on the rights
of humans.

Theory of Social Rights

The Social Welfare Theory is also known as the Social Expediency

Theory. The advocates for a utilitarian system such as Bentham and
Mill firmly believe in the concept of ‘the greatest happiness of the
greatest number’. This principle forms the groundwork on the basis
of which a State must take social measures. The utility can be
determined by means of reason and experience. The laws, customs
and traditions should be socially desirable. The importance of utility
in such customary laws was determined by reason and experience.
Social theory is considered to be essential to eliminate social
injustice as it believes that sacrificing individual rights for the
welfare of the others is a noble deed.

Theory of Legal Rights

This theory is opposed to the natural rights theory. Legal Right

comes into existence when the State recognizes it. Once the State
acknowledges the existence of a right, only then it can enforce it.
The State must enforce such rights to protect the interests of the
people. The theory is that the State is a better agency to regulate
human rights than humans itself. This theory faced a lot of criticism
because it ignored the natural rights and accepted the rights
created by the State only. Jeremy Bentham and Austin advocated
this theory. However, Rights cannot be restricted to the extent
created by the State only as this may lead to tyranny of laws. A
reference to primitive laws and customs cannot be ignored.

Theory of Historical Rights

History believes in tradition and custom. What follows as ‘change’ in

the society cannot overlook the long, unbroken custom followed till
date. One may the origin of these rights in the rights possessed by
people. Historical Rights are passed from one generation to the
other in the disguise of customs and rituals. These rights are
habitually followed by all for very long.

Theory of Economic Rights

This theory highlights the structure of a country along with its

functioning. The advocate of this theory, Karl Marx, justifies
economic theory on the basis that State is an agency that holds the
tool to control the interests and safeguards the rights of the people
in a society. It is important for this theory to exist because it helps
mold the legal duties of people depending upon the distribution of
economic power. Economic structure gives a strong foundation to
the political structure. He believes that a classless society is
required for the rights to flourish, where everyone is equal and there
is no existence of exploitation of rights.

Pragmatic Approach

This is rather a simple approach which gives reference to a series

of Institutions that insert and amend the basic theories of human
rights. All these provisos, laws, and regulations stem from the
theories mentioned above. Globally, we have treaties such as the
Universal Declaration of Human Rights, the International Covenant.
Regionally, we have the European Convention on Human Rights and
Fundamental Freedoms, the European Social Charter, the American
Declaration of the Rights and Duties of Man, the American
Convention of Human Rights, and the African Charter on Human and
People’s Rights. Subsidiary treaties are those which deal with only
one specific human right or a very small number of human rights.
These treaties impose a more specific and detailed obligations upon
the state parties. Such an approach is required to resolve complex
situations where an infringement of a human right takes place.

Conclusion

One may believe in the theory and reject the others, however, it is
important to remember that these rights have been originated from
humans themselves. Right, are essential for the growth of a society.
Different rights give rise to various situations which help a country
grow richer in its roots and efficient in its economic functioning.
Rights help protect the freedom and moral rights of humans. Dignity
and standard of living are highly upgraded by existence of such
rights. The distinctive theories mentioned above give an insight into
various activities that rely upon such rights. It helps us understand
the importance of the constitution, the legal fraternity and the
powerful tool which humans possess to safeguard their interest. It
is a matter of respect that is required from the new generations to
protect this concept for a better civilization.

QUES 3:- Critically examine the nature of human rights to

contemporary world.

ANS :- Liberal, Socialist and Third World Perspectives of Human

Rights.

Human rights are a crucial aspect of contemporary society, and

different perspectives have emerged on how to conceptualize and
promote human rights. In this essay, we will examine the liberal,
socialist, and third world perspectives on human rights, exploring
their unique features and critiques.

The liberal perspective on human rights emphasizes individual

autonomy and the protection of civil and political rights. According
to this perspective, individuals possess certain inalienable rights,
such as freedom of speech, religion, and association, that should be
protected by the state. The liberal perspective also emphasizes the
importance of the rule of law and the protection of property rights
as a means of promoting individual freedom and economic
prosperity.

Critics of the liberal perspective argue that it often neglects

economic and social rights, which are essential for promoting social
justice and reducing inequality. The focus on individual rights can
also lead to a neglect of collective rights, such as the rights of
marginalized communities or the right to a healthy environment. In
addition, some critics argue that the liberal perspective is too
focused on the role of the state in protecting rights, and neglects
the role of non-state actors, such as corporations or international
organizations, in shaping human rights.

The socialist perspective on human rights emphasizes the

importance of economic and social rights, such as the right to work,
education, and healthcare, as a means of promoting equality and
social justice. According to this perspective, the state has a
responsibility to ensure that these rights are guaranteed to all
individuals, regardless of their socioeconomic status. The socialist
perspective also emphasizes the importance of collective rights,
such as the right to self-determination or the right to a healthy
environment, as a means of promoting the common good.

Critics of the socialist perspective argue that it can be too focused

on the role of the state in promoting human rights, and can neglect
individual rights and freedoms. The socialist perspective can also
be criticized for being too prescriptive in its approach to human
rights, and for neglecting the cultural and historical context in
which rights are realized.

The third world perspective on human rights emphasizes the

importance of cultural and historical context in understanding and
promoting human rights. According to this perspective, human
rights cannot be understood outside of the political and economic
conditions in which they are realized. The third world perspective
also emphasizes the importance of collective rights, such as the
right to development or the right to peace, as a means of promoting
the interests of marginalized communities.

Critics of the third world perspective argue that it can be too

focused on the role of culture in shaping human rights, and can
neglect the importance of universal standards and norms. The third
world perspective can also be criticized for being too focused on
the interests of national governments, and for neglecting the role of
civil society and international organizations in promoting human
rights.

In conclusion, the liberal, socialist, and third world perspectives on

human rights offer distinct approaches to understanding and
promoting human rights. Each perspective has its strengths and
weaknesses, and a balanced approach to human rights requires a
recognition of the importance of individual and collective rights,
cultural and historical context, and universal standards and norms.
Ultimately, the continued promotion and protection of human rights
are essential for creating a more just, peaceful, and equitable world
for all.
QUES 4:- Prepare a short notes on the Universal Declaration of
Human Rights and its significance.

ANS :- The Universal Declaration of Human Rights (UDHR) is a

landmark document in the history of human rights, adopted by the
United Nations General Assembly on December 10, 1948. It is a
statement of basic principles and standards for the protection of
human rights that are universally applicable and applicable to all
people, regardless of race, nationality, gender, or religion.

The UDHR consists of 30 articles that cover a wide range of civil,

political, economic, social, and cultural rights. These include the
right to life, liberty, and security of person, the right to freedom of
thought, conscience, and religion, the right to education, the right
to work and to fair wages, and the right to social security and
healthcare, among others. The UDHR also affirms the importance of
non-discrimination, equality before the law, and the right to
participate in government.

The UDHR has significance both as a moral and legal document. It

has been widely recognized as a moral beacon, setting forth the
universal values of human dignity, equality, and justice. It has also
been instrumental in shaping international human rights law,
providing a foundation for subsequent human rights treaties and
conventions. The UDHR has been instrumental in the development
of regional human rights systems, such as the European Convention
on Human Rights and the African Charter on Human and Peoples'
Rights.

The UDHR has been a catalyst for the promotion and protection of
human rights around the world. It has inspired countless human
rights activists, organizations, and movements to demand greater
respect for human rights and to hold governments accountable for
their human rights obligations. The UDHR has also served as a tool
for advocacy and litigation in national and international courts,
providing a framework for addressing human rights abuses and
seeking remedies for victims.
The UDHR, however, is not without its limitations and challenges.
The declaration is not a legally binding instrument, and there is no
mechanism for enforcing its provisions. Some critics argue that the
UDHR reflects a Western-centric perspective and that it neglects
cultural and historical context. Others criticize the declaration for
focusing too heavily on individual rights at the expense of collective
rights.

Despite its limitations, the UDHR remains a critical document in the

promotion and protection of human rights. Its principles and values
continue to guide the work of human rights advocates and
organizations around the world, and its legacy has shaped the
development of international human rights law and practice. The
UDHR serves as a reminder of the universality of human rights and
the importance of upholding human dignity, equality, and justice for
all.

QUES 5:- What is the concept of Human Rights in Indian

Perspective.

ANS :- Aristotle had said centuries ago, “Man is a social animal”.

From birth till childhood; from childhood till maturity; from maturity
till adulthood; from adulthood till old-age; from old-age till death,
every human exercises some basic rights to live with dignity.
Human beings are rational beings. By virtue of their humanity, they
are entitled to some rights that are necessary for their peaceful
survival. To avoid conflicts in the social environment, one needs to
respect the life of others. To fulfil this objective, every human is
conferred with rights. These rights, in a layman language, are
known as Human Rights.

Meaning Of Human Rights

According to UN, human rights are rights inherent to all human

beings, regardless of race, sex, nationality, ethnicity, language,
religion, or any other status. Human rights include the right to life
and liberty, freedom from slavery and torture, freedom of opinion
and expression, the right to work and education, and many more.
Everyone is entitled to these rights, without discrimination.
These rights are inalienable and indispensable. The most unique
feature of human rights is that it is difficult to define but impossible
to ignore. It has been seen that human rights are essential for every
human being in order to live their life to the fullest.

History And Development Of Human Rights In India

The history and development of human rights in India can be divided

into three stages Ancient, Medieval, and Modern.

Human Rights In Ancient India

The concept of human rights is not alien to Indian political thinkers

and philosophers. The concept is as old as ancient civilization.

In ancient India, law was based on the principle of Dharma. The

Epics Ramayana and Mahabharata make us learn that Dharma was
ordained for the advancement of all creatures as well as restraining
creatures from injuring one another. The righteousness has been
described as the essence of Dharma in The Bhagwad Geeta. The
Upanishads speak of Dharma as the foundation of whole universe.
The Vedas and Smritis talk about the concept of
VasudhaivKutumbakam (the whole world as one family). All the four
Vedas insist on equality and dignity for humans.
The teachings of Buddha worked effectively for the protection of
human rights. The great King Ashoka had been successful in the
creation of a welfare state for his subjects and provided them with
basic freedoms and rights.

Hence, it is very much clear that Ancient Indian Literatures stood

for enlarging and encouraging human rights, freedoms, liberty and
equality for all people irrespective of any discrimination based on
caste, creed, gender, sex, religion.

Human Rights In Medieval India

The Medieval period signifies the Muslim era in India. The Pre-
Mughal period saw the existence of social, political, cultural,
religious rights. But with the advent of Mughals, the concept of
human rights got lost in the dark. But Akbar's period (1526-1605)
showed that the great regard was given to the social, religious and
political rights.

In his religious policy Din-E-Ilahi (divine-religion), he tried to preach

the idea of secularism and religious tolerance. Similarly, various
religious movements like Bhakti (Hindu) and Sufi (Islamic) made
remarkable contribution to the emergence of human rights which at
times suppressed by the other Mughal Emperors like Babar,
Humayun, and Aurangzeb.

Human Rights In Modern India

The British rule in India can be seen in the Modern period. During
this period, the British Government of India had not only deprived
the Indian people of their freedom but had based itself on the
exploitation of the masses, and ruined India economically,
politically, culturally and spiritually.

After witnessing the colonial rule, every Indian was of the firm
opinion that the recognition, protection and implementation of
human rights are not only basic but also inalienable for them for
leading a civilized life.

The Preamble, Fundamental Rights, Directive Principles of State

Policy, newly added Fundamental Duties, reservation for scheduled
castes and tribes, special provisions for Anglo- Indians and other
backward classes are important constitutional provisions from the
human rights point of view.
The study of human rights with reference to Indian Constitution
reveals that the Constitution enshrines almost all the human rights
provided in the various international conventions, covenants and
treaties, such as:

• Universal Declaration of Human Rights, 1948;

 • International Covenant on Economic, Social and Cultural
Rights, 1976;

• International Covenant on Civil and Political Rights, 1976;

• Convention on the Prevention and Punishment of the Crime of

Genocide, 1948;

• International Convention on the Elimination of All Forms of

Racial Discrimination, 1965;

• Convention on the Elimination of All Forms of Discrimination

against Women, 1979;

• Convention on the Rights of Child, 1989;

• Convention on the Rights of Persons with Disabilities, 2006.

Apart from the various constitutional provisions, various statutes

have also been enacted by the Indian legislature with a view to
protect and promote human rights.
Some of the important legislations enacted by the union are:

• Protection of Human Rights Act, 1993;

• National Commission for Minorities Act,1992;

• 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.

India has also adopted a number of legislative measures for the

social security of the labour, which have been greatly influenced by
ILO's standards.

In this way, the concept of human rights developed and deepened

its roots in India.

Comparison Between India And USA’s Human Rights Law

The human rights, basically, are same in every country. Therefore,

the comparison can be done on the basis of the human rights'
violation and its implementation in different ways in different
countries. In this research article, we are going to take a look at the
comparison of India and USA's Human Rights.

Women's Rights

USA Revelations related to sexual harassment and misconduct by

high-profile men continued to be made as the #MeToo movement
expanded virally, highlighting abuses suffered by women at work
and in public places. A few states took steps to proactively protect
or expand protections for women's health. However, several states
adopted highly restrictive laws on abortion and reproductive health.

INDIA Numerous cases of rapes, sexual harassment at workplace,

abuses to women have increased over a period of time. To protect
women, the government launched a national registry of sexual
offenders. The Supreme Court lifted ban on entry of women of
menstruating age between10 and 50 to a temple in Southern India.
Sexual Orientation And Gender Discrimination

USA 19 states in America have laws expressly banning

discrimination based on both sexual orientation and gender identity
in employment, housing, and public accommodations.

INDIA - India's Supreme Court struck down section 377 of India's

penal code, decriminalizing consensual adult same-sex relations.
The ruling followed decades of struggle by activists, lawyers, and
members of LGBT communities. The Lower House of Parliament of
India also passed the Transgender Persons (Protection of Rights)
Bill, 2018. Even after several amendments were proposed in the bill,
it failed to protect the community adequately.

Freedom Of Expression And Assembly

USA Hundreds of media outlets published coordinated defences of

press freedom in USA. Journalists also experienced deadly violence
and threats. US technology companies faced increased pressure
from lawmakers to restrict speech on their platforms. A new law
aimed at curbing online sex trafficking made websites liable for
what users say and do on their platforms.

INDIA - Authorities continued to use laws on sedition, defamation,

and counterterrorism to crack down on dissent. Journalists faced
increasing pressure to self-censor due to threat of legal actions,
smear campaigns and threat on social media, even threat of
physical attacks. State governments resorted to blanket internet
shutdown either to prevent violence and social unrest or to respond
to an ongoing law and order problem.

Other Human Rights Violations

USA Harsh criminal sentencing; Racial disparities, drug policy, and

policing; Children in the criminal and juvenile justice systems;
Poverty and criminal justice; Incidents of hate crimes; Deteriorating
rights of non-citizens; Right to health; Repressive laws of national
security, are severely violating the human rights in USA.
INDIA The status of Jammu and Kashmir; Impunity for security
forces like UAPA and AFSPA; Rights of Dalits, Tribal groups, and
Religious Minorities; Civil society and freedom of association;
Refugee and Citizenship Rights like CAA, 2019; Disability Rights, are
other examples of violation of human rights in India.