KLE Law Journal 137
EVOLUTION AND HISTORICAL DEVELOPMENT
OF HUMAN RIGHTS - A JOURNEY FROM
ANCIENT TO MODERN
Mr. R. M. Kamble*
"the rights one has simply because one is human being "
- Jack Donnelly'
I Introduction
The term 'right' indicates a behavior, action, or a policy that is morally good or
justified; required by law or duty.2 In subjective terms, right connotes power to exact or to
do something. Consequently, right entails one to decide how he/she is to be treated by
other individuals, society and government.
The concept of right is as old as the world, and it is often said we cannot think of a
world without rights, whatever it might be good and virtue but it would become morally
insolvent.3 Right is something, which arises from the obligation; it is something, which
imposes a constraint, whether by way of forbearance, acquiescence or active support, on
the people.1 The preamble to the Constitution of India stresses on the 'rights' but there is no
explanation in the Constitution. Any uncertainty, ambiguity, litigation, civil conflict and
even war can be resolved with the analysis of rights. The concept of rights help to the
maintenance of legal, political, social, economic, cultural and educational status quo.
II Human Right
(a) Meaning of the term 'right'
There is no more ambiguous word in legal and juristic literature than the word 'right.'
As a noun, it can be used in several senses in the legal literature. One meaning is interest
* Assistant Professor, SSK Law College, Dharwad.
' Donnelly Jack, Universal Human Rights in Theory and Practice 10 (Ithaca: Cornell University Press, 1989).
Crawther Jonathan, ed. Oxford Advanced Learner's Dictionary, 1011.
1 Hobhouse, LT, The Elements of Social Justice, 35 (Ruskin House, 4th edn., George Allen and Unwin Limited,
London, 1958).
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Joel Feinberg, defines right as `something which a man stand on, something which can be demanded or insisted upon
without apprehension, embarrassment or shame,' Duties rights and Claims, American Philosophy Quarterly 136 (1966)
(3).
which covers both legal and moral rights' or which involves protection by law'. A second
meaning is recognized claim to act or forbearances by another or all others in order to make
the interest effective. Legally, interest is enforceable through the application of the force of
a politically organized society or morally, by the pressure of the moral sentiment of the
community or extra legal agencies of social control.' A third use is to designate a capacity
of creating, divesting or altering rights and duties. Here, the proper term is 'power." A
fourth use is to designate certain condition of general or special non-interference with
natural faculties of action. These are called 'liberties' and 'privileges!'
(b) Human rights
Human Rights are rooted in the culture and values of every nation of the world. To
understand the true significance of the concept of human rights, we must know its
historical context. The struggle to preserve, protect and promote basic human rights
continues in every generation in every society. New rights arise from the womb of the old.
Today we widen the sphere of human rights thought and action to new areas and
constituencies!'
It was in ancient Greece where the concept of human right began to take a greater
meaning than the arbitrary persecution. Human rights became synonymous with natural
rights, rights that spring from natural law.
III Evolution of human rights
Evolution of human rights can be studied into two main perspectives; they are (A)
religious or philosophical perspectives on evolution of human rights and (B) legal
perspectives on evolution of human rights.
Fitzgerald, PJ., Salmond on Jurisprudence 217 (Sweet and Maxwell, London 1988).
6
Roscoe Pound, Jurisprudence Vol. 4 59 (Minn. West Publishing Company, London, 1959).
Ibid. at 56.
Gray considers legal right as that 'power by which a man makes other persons to do or refrain from doing a certain act
by imposing a legal duty upon them through the agency of law.' For instance, if a man lends some money to another, the
right of the creditor to recover his money from the debtor is in reality, not his legal right but it is rather a power conferred
on him by law by the exercise of which he recovers the debt. In other words, the creditor's interest to get back his money
from the debtor is protected by law but this interest is not a legal right it itself, it is rather his 'object'. It is the power
conferred on him by law to recover the money which is his legal right. Gray, Nature and Sources of Law, p.51.
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9
Hobbes has defined right as "right consist in liberty to do or forbear; whereas law binds to one of them' so that law and
right differ as much as liberty and obligation". Leviathan 1651 Chap.14 as cited in Roscoe Pound, Jurisprudence 57.
10
Baxi Upendra, In human wrongs and Human rights, un conventional essays 1 (Har Anand Publications, New Delhi,
1994).
(a) Religious/philosophical perspectives on evolution of human rights:
Early civilization BC - The foundation
Human rights in the early civilizations of both the East and the West were composites
of various philosophies that served people's social and cultural contexts. Both religious and
secular conceptions of civilization determined the laws that dictated early human rights.
The primary forerunners of civilization, namely agriculture and warehousing of food,
allowed for humans to stay settled and increase in population, leading to advances in
civilization as settlements turned into cities. Civilization spread outward from ancient
Mesopotamia taking and evolving the components of the western tradition, including the
earliest tenets of human rights.
The Babylonian king Hammurabi issued set of laws to his people called as
Hammurabi 's codes, which established fair wages, offered protection of property and
required charges to be proven at trial. The Code of Hammurabi from about 1800 B.C. is
often cited by historians for its foundational place in the western tradition of human rights.
Two hundred eighty two mostly rational clauses governed Babylonian existence and were
rooted in "eye for an eye" justice. Of course, there was great disparity between judgement
on nobility and judgment on slaves.''
Among the most famous texts that shaped human behavior in the ancient world was the
Hebrew Torah's Ten Commandments," later part of the Christian Old Testament. The
specific commandments attempting to discourage anti-social behavior are:
1. Honour your mother and father.
2. You shall not murder.
3. You shall not steal.
4. You shall not bear false witness.
5. You shall not convert anything that belongs to your neighbour.
In addition to the Ten Commandments, the Old Testament lent the Proverbs and
Ecclesiastic, among other documents, to the history of good behavior and evolving human
rights.
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By 800 BC, the rise of Grecian city-states which focus on the rights of the (free)
individual established an ideal atmosphere for Greek thinkers to develop some of the most
" Dr. Agarwal H.0, International Law and Human Rights 736 (Central Law Publication, 16'h edn., Allahabad, 2009).
'2 [Link]/scripture/torah/Ten_Cmds/ten_cmds.html (last visited on Feb. 20, 2015).
sophisticated ideas the world had yet seen. Plato (427-348 BC) is among the foremost of
the ancient Greek philosophers who developed theories of existence that included some of
the basic tenets of human rights, emphasizing individual virtue to benefit the common
good. Stoicism borrowed heavily from Plato and Socrates when defining acosmopolite
meaning
"citizen of the world." Cosmos, meanwhile, is the order of the universe within which all
humans are moving together in common humanity."
As the Greeks waned and the Roman Empire grew and came into contract with unique
cultures throughout the Mediterranean, the republic was obliged to strike relationships with
people who held very different perceptions of the world. Most importantly, the philosophy
rejects out war violence toward any other human being. The question of slavery under the
Roman Empire, like slavery in any civilization, complicates the question of membership in
the human race, but the fundamentals of human rights and duties, like those laid for roman
4
citizens in "The Twelve Tables" from 450 B.C., were nevertheless in place.'
According to Roman Jurist Ulpian, natural law was that which nature and the state
assured to all human beings. He stated that according to law of nature, all men are equal
and by the same law all are born free.15
From the beginning, basic rights and duties of citizens would become central to the
drafting of any local universal human rights ethic. The belief in a sympathetic existence is a
common theme throughout the early history of human rights. But the value of brotherhood,
in particular, is fundamental to early religious texts, including both the Christian New
Testament and the Muslim Quran.
(b) First millennium - the rise of faith
The birth of Christ and the record of his "Sermon on the Mount" (of Beatitudes) in the
New Testament are key religious texts of the early first millennium in the Western tradition.
Christian universalism explicitly preached that its adherents love their neighbors and
endowed all human beings with the potential for virtue and moral equality.
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In all of Christianity, Islam and Judaism, there are questions of religious tolerance
among faiths and variations in the universality of rights in practice, especially with respect
to slaves, women, homosexuals and each other, but the basic principles of modern human
rights are nevertheless laid out.
13
Naik K P & Wakman M., Human Rights & International Organisations, 223 (Trinity Publication, Davangere, 2013).
14
Ibid.
" Dr. Agarwal H.0, International Law and Human Rights, 736 (Central Law Publication, 16th edn., Allahabad, 2009).
(c) Renaissance and reformation
Jon E Lewi's A Documentary History of Human Rights calls the era following the fall
of the Republic of Rome "The Age of Faith" because, the Church of Rome survived and
spread across much of Europe. The Church continued to spread virtually unimpeded until
the eastwest schism of 1054 divided medieval Christianity along geographical and
ecclesiastical divides. Western Roman Catholicism and Eastern Greek Orthodoxy took root
and spread independently and was only the first of many divisions in Christianity.
Over the next few centuries, the Western world experienced a growth in urban
population and an intellectual revival that helped to drive a transition from the high-middle
ages in to renaissance. The era, however, was troubled by the vicious series of crusades
attempting to free muslim-controlled Jerusalem. There was further violent religious
persecution at the hands of the Spanish Inquisition. It was a period of extreme religious
prejudice largely rooted in Christian fear and intolerance. But such intolerance and acts of
violence would prompt reformers to encourage change based upon a return to what they
perceived to be the central truths of the Gospels. Such change would reshape the western
tradition not only in the old world, but by 15th century, began to broaden its reach.
European conceptions (and restriction) of human rights extended into new world, as
European conquest almost always violently suppressed indigenous practices and stripped
native rights.2
Determining absolute conceptions of human rights was never an easy task. Sir Thomas
More's Canonical Utopia from 1516 suggests an ideal world where men and women have
access to free education and freedom from religious and economic oppression. Renaissance
ideals like those suggested in Utopia emerged in a more secular, republican atmosphere that
nurtured the revival of humanist ideals and rights from classical antiquity. Those
grecoroman foundations of human rights had been largely supplanted by the Church during
2 Supra note 3.
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the middle-ages in Europe. It would take revolutions in science, geo-politics and culture to
pave the way to individual enlightenment and revive the conservation of human rights.
Meanwhile, human rights were left in limb during religious tension set off by Martin
Luther and the Protestant Reformation. The reformation of the 16th century and the
subsequent several Great Awakenings (beginning in the eighteenth century) continued to
divide and refine human rights as drawn from Christianity. Those divisions subtly changed
how faith influenced conceptions of human rights according to where religion spread. The
challenges to supremacy of Roman Catholicism incited wars across the European
continent consuming the better part of a century between 1562 and 1648. That final year,
the treaty of Westphalia ended the religious wars and divided the continent into spheres of
influence. Individual religious freedom, however, would be saved for the colonization of
the new world. Subsequent revolutions would affect nations of human rights all over the
West.
(B) Legal perspective
There are some of the important agreements, charters and treaties which are of great
historical significance. Which has given way to the present day most widely accepted and
translated document in the world. The Magna Carta of Human Rights. These charters have
also been a source for the constitutions of many different countries in the world.
Magna Carta 1215
The Magna Carta (also called Magna Chat-ta)3 granted by King John of England to the
English baron on June 15, 1215 was in response to the heavy taxation burden created by
the third Crusade and the reason of Richard-I. The conception of human rights from the
recognition of U.K. perspective may be found in Magna Carta.' 8 The Magna Carta of 1215
CE, is considered as an important milestone in the human rights struggle, where the
freemen English feudal lords intended to restrain the king from arbitrary arrest or
punishment of any kind. Consequently, Magna Carta was only concerned with baronial
liberties rather than universal human rights. This Great Charter promised that no civil or
criminal action would be taken against any free man without sufficient proof.4 The critics
3 The original Carta was in Latin which consisted of 70 clauses.
" Magna Carta 1215, provided to no man will we deny, to no man will we sell or delay, justice or rights. This famous
twenty nineth chapter of King John Charter of Liberties, or the twenty-nineth of Henry III is reissue of 1225, through
which, it was mainly know, to our ancestor, as 'the palladiom of our liberties' cited in Lohit, D. Naikar, The Law Relating
to Human Rights 52 (Puliani and Puliani, Bangalore, 2004).
4 Mcilvan CH "Due Process of Law in Magna Carta" Vol.14 27-51 (Columbia Law Review, 1914).
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pointed out that this Great Charter was a set of baronial demands and not an assertion of
the rights of all individuals.5
Petition of rights 1628
However, the movement of recognizing individual rights which started with Magna
Carta continued through the Petition of Right 1628 and culminated in the Bill of Rights,
1689 which was enacted in the form of parliamentary statute.6
Bill of rights 1689
The Bill of Rights contributed towards the development of fundamental rights.22 This
Bill was a part of major settlement between the Crown and Parliament and like Magna
Carta it also constituted a demarcation of powers. Nonetheless, some of general principles
such as prohibition of illegal and cruel punishments assumed universal significance and
subsequently appeared in many instruments including UDHR.23
Social contract
The doctrine of natural rights, during the 17'h and 18th century received further
impetus with the proponents of social contract theory particularly Locke24 and
Roussueau25 who attempted to trace the genesis of political society and government
in the terms of social contract among the subjects, without disturbing the natural rights of
men. The concept of `social compact' reflects that people set up the civil society and
political government by virtue of social agreement in their desire of finding security to life
and property. Even in such state of nature, they had retained the natural rights.26 But to
what extent theory can be relied upon is a debatable issue as the whole theory is developed
on a priory rule.
Virginia Bill of Rights 1776
For the first time, the Bill of Rights was adopted in the written constitution of the state
as 'the basis and foundation' of the government.27 It was the constitution of Virginia that
5 It was the Charter of Concessions extended to feudal nobles than to the ordinary subjects. In 1222, the King Andrew II
of Hungary guaranteed that no noble would be arrested or ruined without being first convicted in accordance with judicial
1'
procedure, see Sen AN "Human Rights" 16 (Law publications, edn., Haryana, 2002).
6 Basu DD, Law relating to Human Rights and Constitution, 49 (Wadhwa and Company, 2003).
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recognised the natural rights as bill of rights. Consequently, it inspired the makers of the
American constitution to introduce the First Ten Amendment to The Constitution.'
22
Basu DD, Select Constitutions of the World, 10 (MC Sarkar and Sons, 3'd edn., 1990).
23
Brownlie Ian, Basic Documents in International Law, 3 (Oxford University Press, 2'd edn., 2000).
" John Locke theory was that, in the original state of nature, man was governed by the law of nature, but for the sake of
better safety, he joined in a political society by means of 'social compact' for the mutual preservation of life, liberty and
property. Thus, the legislature was limited by natural law; and a law made by the legislature contrary to the natural rights
of the individual was invalid. Some of these natural rights were equality, liberty and property,(Government, x, 135; xiii,
149).
25 It was Rousseau who gave a kinetic impetus to the doctrine of social contract by emphasizing that the State should
derive its authority from the people and guarantee the natural rights of man, of freedom and equality as they inherent in
man in the 'state of nature.' "Man is born free and everywhere he is in chains," Rousseau, Social Contract,
1762(everyman), I.i; Discourse on Inequality, pt. II.
Basu DD, Law relating to Human Rights and Constitution 49 (Wadhwa and Company, 2003).
" The Preamble to the Declaration acknowledges the doctrine of natural rights: "All men are by nature equally free and
independent and have certain inherent natural rights of which when they enter society, they cannot by any compact
deprive or divest of their prosperity, cited in Basu DD, Law relating to Human Rights and Constitution, 51.
28
Ritchie, D.G., Natural Rights: A Criticism of Some Political and Ethical Conceptions 4 (Muihead, London, 1952).
American declaration of independence 1776
Theory of natural rights, then, entered into the realm of constitutionalism with two
revolutionary documents, namely the American Declaration of Independence and the
French Declaration of Rights of Man, which asserted that there were certain inalienable
rights and it was the duty of the state and its organ to protect these rights.29
French declaration of rights 1791
Inspired by the American Declaration of Independence, the French National Assembly
in 1789 formulated the declaration of the Rights of Man. This Declaration recognised and
declared natural rights as imprescriptibly and inalienable rights and operated as limitation
over the acts of the government.3°
American Bill of Rights 1789
The original draft of the Constitution of America didn't contain the bill of rights.
Therefore, some states urged for inclusion of Bill of Rights as precondition for their
ratification to the federal Constitution. The demand was conceded and ultimately led to
incorporate a Bill of Rights in the form of First Ten Amendments to the Constitution in
1791.31 By the 14th Amendment, the First Ten Amendment has been extended to the states
in the year 1868.32 It should be noted that the fundamental rights emerged as limitation
over governmental power, so that it could not be used tyrannically against the individuals."
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The concept of universality understood in 181 century was not worldwide in scope,
and these rights were incorporated in constitution and applied only to the citizens of the
state.34 Nonetheless, not all the citizens enjoyed the privileges, particularly women,
children and slaves who were excluded fully or partially from possessing the rights.
Similarly, in France, women were not given equal status with men. In 1 8th century,
Olymbe de Gouges was executed, as she demanded to include women to be full subjects of
rights and proposed `Declaration of Rights of Woman and of the Female Citizen'. This
gender discrimination was based on enlightenment thought, that rights are based on
universal human nature derived by the reason, and women were considered as naturally
irrational.
29
The Declaration as drafted by Jefferson in 1776 states: "We hold these truths to be self-evident; that all men are created equal;
that they are endowed by their creator with certain inalienable rights; that among these are life, liberty and pursuit of happiness.
" Supra note 29.
" Aid
32 See generally, Chemerisky E, Constitutional Law, (Aspen Law Publishers, New York, 2001).
" Adamson v. California, (1947) 332 US 46.
" Eva Brems, Human Rights: Universality and Diversity, 17.
IV Human rights in Indian scenario
The Indian History is warranted by the fact that human rights jurisprudence has always
occupied a place of prime importance in India's rich legacy of historical tradition and
culture. This is evident in the prevalence of different cultures, traditions and faiths in India.
It is claimed, that what the west has discovered today in the field of human rights has been
an accepted principle in India since time immemorial."
The concept of Human Rights has evolved and developed gradually through ages in
different parts and religions of the world so as to attain the present status. Long before
civilization dawned in Egypt and Greece, we have the Hindu jurisprudence of about 4000
BC. 'A king should enter the court- room with all humility,' More cruel than the man who
lives the life of a murderer is the king who gives himself to oppress and act unjustly
(towards his subjects).'" Tor it is punishment alone that guards this world and the other,
when it is evenly met by king to his son and his enemy, according to the offense.'"
The concept of human rights as it is understood today has evolved over the centuries.
Though the expression 'Human Rights" seems to have modern face, human rights are as old
as human civilization. Human rights have existed, in however, nascent form, ever since
man, as a gregarious animal, has lived in communities, families, clan, tribe, village, town
or nation and now in an independent world community". As far as historical perspective it
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can be said that, the concept of human rights in India may be seen to have existed in the
crystallization of values that are considered to be the common heritage of mankind.
(a) Human rights in ancient India
The concept of human rights is not new thing to the Indian political thinkers and
philosophers. They have expressed concern to secure human rights and fundamental
freedom for all human beings everywhere since the very early times of vedic age.
Philosophy of human rights had already occupied a place of prime importance in ancient
Indian Brahmanical society. The Indian thinkers are of the view that it is not justified to
limit the origin of the concept of human rights to only western civilization. What the west
has discovered today in
" Sharma Arvind, Hinduism and Human Rights: A Conceptual Approach, 30 (Oxford University Press, New Delhi, 2006).
36
See, W.H. Drew and J. Lazarus, (trans.) Thirukkural 112 — 113 (The voice of nobility, written by Thiruvallavar around
300 B.C. in Tamil language, 1991).
37
See, K. D. Irani and Silver Morris,(ed.) Social justice in the ancient world, 95 (1995).
" R. P. Dhokalia, Human Rights as objects of Thought and Expression of Global Conscience, Banaras Law Journal, 5
(1992) Vol. 26.
the field of human rights has been an accepted principle of India's rich the declarations
made in the vedas, the relevant declarations are:
Ajyestaso akanishtas ete
Sam Bhrataro va vridhuhu sowbhagaya"
Samani prapa saha vaha ann abhagaha
Same yoktre saha vaha yunajmi
Araha habhimiva Abhitaha70.
These vedic provisions forcefully declare equality among human beings. The last of
them impress that just as no spoke of wheel is superior to other, no individual can claim to
be or regarded as, superior to others. Equality of all human beings and the duty of each
individual to strive for the happiness of every other individual as also the equal rights over
food, water and other natural resources are found incorporated in these declarations.'
7 ° All have equal rights in articles of food and water. The yoke of the chariot of life is placed equally on the shoulders of all. All
should live together with harmony supporting one another like the spokes of a wheel of the chariot connecting its rim and the
hub. Atharvaveda — Samjuana Sukta, cited in inaugural address of Justice M. Ramajois, in Judicial Colloquium in Mangalore,
Feb. 24-26 (1998).
H Supra note 40.
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The modern utopia of a global village is more or less akin to this concept. It is quite
interesting to pinpoint here that the immoral epics, Vedas, Ramayana and Mahabharata
demonstrate the deep commitment and faith of our sages towards justice. All the four vedas
insist on equality and respect for human dignity.
In the whole eighteen puranas, Vyasa has said two things doing well to another are
right, causing injury to another is wrong. Manu says, 'king should protect and support all
his subjects without any discrimination in the same manner as the earth supports all living
beings.' 8
There was however, a downfall of human rights jurisprudence in Post-Vedic age. But
with the rise of Buddhism and Jainism there was a revival of human rights jurisprudence.
Influenced by the teachings of Buddha worked extensively for the protection of human
rights. His chief concern was the happiness of his subjects. Torture and inhuman treatment
of prisoners were prohibited under Ashoka's administration. King used to dispense justice
to
" No one is superior (ajyesaso) or inferior (akanishtasha). All are brethren (bhrataraha) all should strive for the interest of all
and should progress collectively (sowbhagayanam va varidhulu). Rig Veda —Mandala 5, Sukta- 60, Mantra — 5, cited in
inaugural address of Justice M. Ramajois, in (Judicial Colloquium in Mangalore, Feb. 24-26, 1998).
the people. The study of Mudra Rakshas43 shows that dispensation of justice was
considered as one of the important duties of the rulers.
Hence, it is abundantly clear that ancient Indian jurisprudence stood for enlarging and
encouraging human freedom, liberty and equality for all people. It has developed common
ideals based on human unity and harmony which transcends diversities of race, colour,
language, religion, etc.
(b) Human rights in medieval India
During Muslim era in India, especially in the pre-mughal period, there were series of
cultural, social and political stressed and strain on the style and way of life of hindus. The
muslim rulers in India were fundamentalists and despotic who forced upon the hindus their
own laws, customs and religious practices. Hindus were not treated in law on par with the
Muslims, the latter being the conquerors and former being the Kafirs - the non-believers of
Islam, special disabilities like jazia, were imposed on Hindus. Both in theory and practice,
there was discrimination against hindus vis-à-vis muslims. Muslim rule in India was not
founded on the basic principles of human dignity, equality and justice and was essentially
8 S. N. Dhyani, Law, Morality and Justice, 87 (1984).
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autocratic, theocratic and irresponsible, devoid of the idea of rule of law, morality, justice,
tolerance and social harmony. So significance of muslim rule in India from the point of
view of human rights was counter-productive to harmony, justice and equality and the
concept of human rights got lost on its way in the dark and narrow alleys of the middle
ages. It was however; at a later stage that Muslim state in India became considerably
modified in its form.
Some of the Moghul rulers especially Akbar, he brought some basic change in
administration. He adopted the policy of tolerance and non-discrimination towards Hindus.
Hence, it was not wrong to say that, with Akbar a new era began. The right of an accused
to be released on bail did exist during Mughal rule in India. Similarly the right to benefit of
doubt was known to Muslim jurisprudence in the administration of criminal justice. The
benefit of doubt was known as shuba (doubt) which entitled an accused to be acquitted."
Finally, the bhakti movement evolved in later periods ultimately revived and
regenerated the old Indian values of justice and morality. It may be recalled that from time
immemorial Indians have called their culture by the name of human culture. No gain
saying the fact that
43 Mudra-Rakshas was written by Vaishaka Dutta who was contemporary of Chandra Gupta.
44 Martin Ennals, "The Struggle for Human Rights", in A. R. Desai (ed.), Violation of Democratic Rights in India, 37
(1986).
human dignity had universal appeal and Indian culture had tried to be so comprehensive as
to suit the needs of every human being, irrespective of age, colour, sex or caste.45
(c) Human Rights in Modern India
The transition from the medieval to modern period has resulted in a prodigious change
in the Indian history. The British Indian rulers discriminated against Indians in matters of
their political and civil liberties and rights. They resorted to arbitrary acts such as brutal
assaults on unarmed satyagrahis, internments, deportation etc., against Indians fighting for
national independence, equal justice and economic equality. 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.
To review the philosophy of human rights in modern sense, concerted efforts were
made by the Indian National Congress, which demanded basic human rights in the
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Constitution of India Bill, 1895. Constant resistance to the foreign rule manifested in the
form of demand for fundamental freedoms, civil and political rights for the people. The
rights like freedom of expression, right to property, equality before law figured in this Bill.
Congress as early as in 1918 in Bombay session demanded declaration of rights of people
of India and again demanded of these basic rights ere reiterated in Nehru Committee
Report in 1928. The congress in the resolutions of 1917 and 1919 asserted demand of civil
rights and equal status with the English men. In 1922, congress aimed at achieving swaraj
to shape dignity of the country. The Sapru Report 1945 incorporating the proposals of
fundamental rights did not find favour. Later the British cabinet mission in 1946 recognized
the need for a written guarantee of fundamental rights in the Constitution of India and
envisaged a constituent assembly for framing the Constitution of India.
The constitution assembly pledged to draw constitution for the country wherein shall
be guaranteed and secured for the people of India Justice: social, economic and political
equality of status and of opportunity before the law; freedom of thought, expression, belief,
faith and worship, vocation, association and action, subject to law and public morality.9
The aspirations of people of India found expression in the Indian Constitution, which
enacted a nearly complete catalogue of human rights around the time when the
international
" Sanjay Joshi, The Right to Equality, Life and Liberty under the Constitutional Law of India' 83 (1999).
scene was witnessing the framing of Universal Declaration of Human Rights. The human
rights content of the Indian Constitution is a complex amalgam of civil and political rights
along with economic, social, religious and minority rights.
V Conclusion
In conclusion it can be said that, the word human rights is essentially a recent
phenomenon however the spirit is as old as the human civilization. Human Rights are a
dynamic concept and endeavors to adopt itself to the needs of the day. Human rights
constitute those very rights which one has precisely because of being a human. In their
basic meaning, human rights are claims of the individuals for such conditions, which are
essential for the fullest realization of the innate characteristic which nature has bestowed
upon him/her with as a human being. Apart from the constitutional provisions, various
9 C.A.D., Vol. II, 296.
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statutes have also been enacted by the Indian legislature with a view to protect and promote
human rights. These legislations seek to protect different aspect of human rights.
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