AN INTRODUCTION TO
THE HUMAN RIGHTS
By
Dr. V. Y. Dhupdale
I/c Head, Deptt. Of Law, SUK
INTRODUCTION
HR are inherent in human beings.
Every one has a right to get HRs protected.
Main features of HRs:
◦ Basic and inherent from birth
◦ Equal, Universal and inalienable
◦ Contempt or disregard of HRs lead to barbarous acts
◦ Recognising and respecting every human being in
political, social, cultural and economic spheres
◦ Indivisible, inter-related and inter-dependent
◦ HRs demand treating others as we expect others treat
us.
Definition of Human Rights
Sect. 2(d) of the Protection of Human Rights Act,
1993:
◦ “2(d) – ‘Human rights’ means the rights relating to life,
liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the
International Covenants and enforceable by courts in
India.”
Universal Declaration of Human Rights, 1948
(UDHR) declares:
◦ All human beings are born free and equal in rights and
dignity.”
Classification of HRs
Rights Essential for the dignified human
existence:
◦ Eg., right to basic human need like – food, clothing,
shelter and medical care; and
Rights Essential for the adequate development
of human personality:
◦ Eg., right to education,
◦ right to freedom of culture,
◦ Right to freedom of speech and expression and
◦ Right to free movement
EVOLUTION OF HUMAN RIGHTS
HRs have long process of evolution.
Possession of HRs distinguishes human beings
from other species.
Times in the past – oppression and suppression
of human beings by human beings leading to
struggles and revolutions – for restoration and
protection of HRs.
HRs in Holy Documents
Rigveda – oldest document of human civilisation
declares-
◦ All human beings are equal and they are all brothers.
Atharveda – All human beings have equal right
over food and water.
Vedas – were the primordial source of “Dharma”
◦ Dharma is regarded as essential securing peace and
happiness to the society.
◦ “Sarve Jana Sukhino Bhavanthee” – was the ethos of our
motherland.
Modern International History of HRs
Historians give credit to MAGNA CARTA A.D. 1521.
Term HRs was introduced in the United States’
Declaration of Independence in 1776 – thereafter it
became part of Bill of Rights in US Constitution.
French Revolution - gave birth to Declaration of
Rights of Man and Citizen emerged in 1789.
In 1929, the Institute of International Law, New
York, USA prepared a declaration of Human Rights
and Duties.
The Inter-American Conference passed a
resolution in 1945 seeking the establishment of an
International Forum for the furtherance of Human
Rights of Mankind.
“Human Rights are inscribed in the hearts of
people; they were long before they drafted their
first proclamation”
- Mary Robinson
DRAFTING OF UDHR
Wife of thr 32nd President of US
(1933-45) Franklin D. Roosevelt
Drafting UDHR
The Drafting Committee Eleanor
included: Pen-
Roosevel
Chun
Eleanor Roosevelt, USA (Chair) t
Chang
Peng Chun Chang, of China
William
Charles Habib Malik, Lebanon
Roy
Charles MalikHodgson
William Roy Hodgson, Australia
Hernán Santa Cruz, Chile Hernán
René Cassin, France Santa
Cruz René Cassin
A. E. Bogomolov, USSR
Charles Dukes/Lord Dukeston,
A. E.
United Kingdom Bogomolo Charles
John Peters Humphrey, Canada v Dukes
J. P.
Humphre
y
Declaration of UDHR
In Paris on December 10th, 1948, the UN adopted
the Universal Declaration of Human Rights
(UDHR).
It came at the time when the World was
recovering from a long period of bloody and
horrific conflict.
UDHR proclaims that all human beings are born
free and equal in dignity and rights.
In history and in ancient scriptures references to
the basic human rights can easily be noticed.
Evolution of Universal HRs.
The International HRs Movement was born in
and around the WW II.
It is due to the barbaric terror and violence by
Adolf Hitler-which world needed to oppose the
repetition of the same.
Contemporary Concept of
Human Rights
Three Generations of Human Rights:
◦ First Generation of Human Rights:
Mainly concerned with the Civil and Political Rights of the
individual.
In other words, the ‘liberty-oriented’ rights.
They meant to impose ‘negative obligations on the Govt’.
Govt. must desist from interfering with the exercise of
individual liberty.
◦ Second Generation of Human Rights:
Mainly ‘security oriented’ and provide for ‘social,
economic and cultural security’.
They are positive in nature making it a duty of the State to
ensure for the realisation these rights.
Contd…
◦ Third Generation of Human Rights:
These rights are of recent origin.
They have emerged due to various new concerns such as,
‘environmental, cultural and developmental rights’.
They relate to the rights of groups of people rather than
individual.
The developing countries have played a significant role in
bringing about international consensus on these rights.
Example of these rights: is the declaration on the right to
develop, adopted by the United Nations General Assembly
in 1986.
BIRTH OF UN AND UDHR
20TH Century – saw an unprecedented human
losses, devastations and destruction due to the
Two World Wars.
At the end of the WW II the United Nations was
established in 1945 in order to establish and
accomplish the long awaited-
◦ world peace,
◦ prosperity and
◦ happiness
of all human kinds all over the world irrespective
of race, religion, caste, creed, colour and
community.
UNIVERSAL DECLARATION OF HUMAN
RIGHTS (UDHR) AT A GLANCE
UDHR also called as the United Nations Charter.
UDHR proclaims that the people of United
Nations-
◦ “re-affirm faith in the fundamental human
rights, in the dignity and worth of the human
person, in the equal rights of men and
women” and
◦ in “universal respect for, and observance of
human rights and fundamental freedoms for
all without distinction as to race, sex,
language or religion.”
UDHR
United Nations declared the UDHR on 10th
December, 1948.
This declaration was not a sudden or miraculous
event.
It was the effect of a cumulative and continuing
movement of human conscience and changes in
thinking that went on over a long period.
It was not mere a declaration, but represents the
collective wisdom of the World community to
work together towards a World without injustice,
indignity and ignorance, without cruelty and
hunger.
Mahatma Gandhiji said,
“peace all over the world
can be established not on
gun powder but on pure
justice” .
Importance of HRs
The gap and disparity between the fortunate, less
fortunate and unfortunate inevitably lead to
disturbance, tensions, conflicts violence and
commissions of offences.
This will impair peace, stability and progress of
the country activating forces opposed to the
preservation of human rights.
It is a matter of belief that wars produce hunger,
but people fail to see the fact that it is the hunger
that can lead to wars – as hunger and peace
cannot co-exist.
Therefore, all democratic institutions are duty
bound to respond to the challenges of their
subjects.
UDHR at a glance
Article(1) and the preamble of the UDHR state
that, “All human beings are born free and equal
in dignity, they endowed with reason and
conscience should act towards one another in a
spirit of brotherhood.”
UDHR was a statement of intent or principle,
and not a treaty or a legal agreement between
the countries or the binding legal document, yet
it was a document of great influence.
All Articles of UDHR
Article 1 Right to Equality
Article 2 Freedom from Discrimination
Article 3 Right to Life, Liberty, Personal Security
Article 4 Freedom from Slavery
Article 5 Freedom from Torture and Degrading Treatment
Article 6 Right to Recognition as a Person before the Law
Article 7 Right to Equality before the Law
Article 8 Right to Remedy by Competent Tribunal
Article 9 Freedom from Arbitrary Arrest and Exile
Article 10 Right to Fair Public Hearing
Article 11 Right to be Considered Innocent until Proven Guilty
Article 12 Freedom from Interference with Privacy, Family,
Home and Correspondence
Article 13 Right to Free Movement in and out of the Country
Article 14 Right to Asylum in other Countries from Persecution
Article 15 Right to a Nationality and the Freedom to Change It
All Articles of UDHR
Article 16 Right to Marriage and Family
Article 17 Right to Own Property
Article 18 Freedom of Belief and Religion
Article 19 Freedom of Opinion and Information
Article 20 Right of Peaceful Assembly and Association
Article 21 Right to Participate in Government and in Free Elections
Article 22 Right to Social Security
Article 23 Right to Desirable Work and to Join Trade Unions
Article 24 Right to Rest and Leisure
Article 25 Right to Adequate Living Standard
Article 26 Right to Education
Article 27 Right to Participate in the Cultural Life of Community
Article 28 Right to a Social Order that Articulates this Document
Article 29 Community Duties Essential to Free and Full
Development
Article 30 Freedom from State or Personal Interference in the
above Rights
Human Rights Perspective in Indian Constitution
Declaration of HRs by UN in 1948 gave global
focus and thrust to the Human Rights.
The rights mentioned in its 30 Articles have
been accepted by most of the countries and are
reflected in the Constitution of many countries.
Similarly, when the Constituent Assembly
drafted the Constitution of India, they already
adopted the recommendations of the UDHR,
1948.
This indicates the serious concern of our
country to Human Rights.
HRs Principles in Preable
“We the people of India constitute India into a
sovereign, socialist, secular, democratic republic
and to secure to its citizens justice, liberty,
equality and fraternity….”
The resolution assures the dignity of the
individual which is one of the basic principles
underlying UDHR.
To give effect to this assurance, provisions are
made in PART-III and PART-IV of our
Constitution as FRs and DPSPs.
FRs are fundamental and enforceable in Courts.
DPSPs are not enforceable but they are
fundamental in the governance of the country.
Two Sets of Rights as per UDHR
UDHR speaks of two sets of rights-
◦ Civil and Political Rights and
◦ Economic and Social Rights
Hence the traditional Civil and Political Rights
were enshrined as Fundamental Rights under
the Indian Constitution, while
The Economic and Social Rights were set forth
as DPSPs.
Thus PART-III and PART-IV sets out Declaration
of Human Rights.
There are many similarities in content and form
of UDHR and PART-III and IV of the Constitution.
SUPREME COURT ON HUMAN RIGHTS
By enacting Laws such as the Protection of
Human Rights Act, 1993 and the affirmative
executive actions, Government of India have
attempted promotion of Human Rights regime
giving due respect to human dignity and
recognition to Human Rights.
Similarly, Supreme Court has by numerous
landmark judgments contributed a lot by
interpreting enactments, constitutional
provisions and explaining and expanding the
position of Human Rights for heir protection and
promotion.
SUPREME COURT ON HUMAN RIGHTS
The two Articles 14 and 21 of Constitution of
India came to be considered by the Supreme
Court to ensure human dignity translating the
declaration of human rights into reality.
These two articles have received a much
deeper and meaningful considerations at the
hands of the Supreme Court.
Landmark Judgments of SC on Human Rights
Ahmedabad Municipal Corporation vs.
Nawab Khan Gulam Khan & Ors. [1997]
In, the SC having regards to Art. 19(1)(e) read
with Article 21 of the Constitution of India
and Article 25(1) of the UDHR declared that
everyone has a rights to standard of living
adequate for the health and well-being. Court
also referred Article 11(1) of the International
Covenants on Economic, Social and Cultural
Rights.
Chameli Singh vs. State of UP and Ors [1996]
SC expressed that right to shelter is a
Fundamental Right available to every citizen and
that Article 21 encompasses within its limit the
right to shelter.
It observed that, “…In any organised society,
right to live as a human being is not ensured by
meeting only the animal needs of man. It is
secured only when he is assured of all facilities
to develop himself and is freed from restrictions
which inhibit his growth. All human rights are
designed to achieve this object…”
Prabhakar Nair vs. State if Tamil Nadu & Ors. [1987]
SC held that shelter is a fundamental right. New
national housing policy must attract new
buildings, make available new spares, rationalise
the rent structure and the rent provisions.
M/s. Shantistar Builders vs. Narayan
Khimalal Totame & Ors. [1990]
SC emphasised on right to shelter.
It says -the basic needs of man accepted to be three –
food, clothing and shelter.
The Constitution aims at ensuring fuller development of
every child.
Therefore, the child should be in a proper home.
SC after interpreting the provisions of Articles 39(e), (f),
41 and 47 of the Constitution gave directions to the State
Govt. regarding fulfillment of legislative intentment of
Section 3 of the Child Labour (Prohibition and Regulation)
Act, 1986.
The SC observed that tender age of the children should
not be abused and they should have enough opportunities
and facilities to develop in a healthy manner.
Ramamurthy vs. State of Karnataka [1997]
SC expressed serious concern for delaying trial
and confining of under trial prisoners in jail for
long period and issue direction for jail reforms,
production of under trial children before on
remand date properly.
Further directions were issued for jail reforms
prohibiting the torture and ill-treatment of the
prisoners.
SC on Rights of the prisoners
In Charles Shobraj vs. Superintendent, Central
Jail, Tihar [1978], Sunil Batra vs. Delhi Adm.
[1978] and Sunil Batra vs. Delhi Adm. [1980],
State of Maharashtra vs. Prabhakar Pandurang
Sanzgiri & Anr. [1966),
◦ SC has recognised rights of the prisoners to ask for
observation of Human Rights.
◦ While dealing with the question of right to reading and
writing books by prisoners in jails, SC gave advantage
of Article 21 to them.
In Suresh Chandra vs. State of Gujarat [1976]
and Krishna Lal vs. State of Delhi [1976],
◦ SC provided for penological innovation in the form of
parole and recommended for its liberal use.
SC on Rights of the prisoners
In D. Bhuvan Mohan Patnai & Ors. Vs. State of
Andhra Pradesh [1974],
◦ SC stated that resort to oppressive measure to curb
political people should not be permitted.
In Prem Shanlar Shukla vs. Delhi Adm. [1980]
and Kadra Pehadiya vs. State of Bihar [1981],
◦ SC issued direction prohibiting the putting of under-
trial prisoners in leg-irons.
In Madhav Hayawadanrao Moskot vs. State of
Maharashtra [1978],
◦ SC held that jail manual must be updated to include
the mandate of the constitution for the reason that all
the obligations are necessarily implied as Article 21
guarantees.
SC on Himan Rights
In Mohini Jain vs. State of Karnataka [1992], the SC
held that the right to education is concomitant to
Fundamental Rights enshrined in Part-III of the
Constitution.
In J.P. Unni Krishnan vs. State of Andhra Pradesh
[1993] and in Bandhu Mukti Morca vs. Union of
India & Ors [1997], interpreting Article 21 of the
Constitution, SC held that every child under the
age of 14 years has a right of basic education.
In Suk Das vs. Union Territory of Arunachal
Pradesh [1986], SC has pointed out that the
obligation on the part of the State to provide free
legal aid to those who cannot afford to engage
counsel and bear the expensive litigations.
SC on Himan Rights
In Pt. Parmanand Katara vs. Union of India & Ors
[1989], SC held that the doctor should not insist
for Medic-legal Report and he must provide the
medical aid.
It further directed that immediate medical aid to
injured persons be provided and held that it was
professional obligation of all the doctors,
whether Govt. or private to provide medical aid
to the injured without insisting on the statutory
procedural requirement of observance of police
formalities.
SC on Himan Rights
In Vishakha & Ors. Vs State of Rajasthan & Ors.
[1997], sexual harassment of working women in
the place of employment was found to be
against human dignity and violence of Article 21
of the Constitution and guidelines were
provided for preventing this menace.
In Bodhisattwa Gautam vs. Miss Subhra
Chakraborthy [1996], SC held that rape is a
crime against the basic human right and
violated the right to life enshrined in article 21
of the Constitution and provided certain
guidelines for awarding comensation to the
prosecutrix in such a case.
SC on Himan Rights
In Nilabati Behera vs. State of Orissa [1993], SC
held that for concentration of Human and
Fundamental Rights by the State and its
agencies, the Court must award compulsory
compensation and rejected the defence of
sovereign immunity.
The Court held that custodial death amounts to
violation of the Fundamental right to life.
Conclusion
Respect Human Rights is the greatest inspiration
for integration of human kind, both internally and
internationally.
We are living in the era of modernisation,
liberlisation, privatisation and globalisation.
All these must have an element of humanisation.
Humanisation of the globe may lead to reduction
in human rights violations.
All Human Rights for all should not merely
remain, as declaration on paper but it must be
the spirit of living in day-to-day life.
We must treat others as we expect others to treat
us, will really serve the purpose of Human Rights.
Conclusion
Recognition of the inherent right of all human
beings as well as equal entitlement of each
individual to all human rights forms the core of
human rights doctrine.
The Legislative has played a crucial role in
promoting Human Rights.
The problem of Human Rights besides being a
legal problem, also impacts upon society
economy and even culture.
However, the battle for prevention of violation
of Human Rights if to be fought with sincerity
and commitment.
Conclusion
All the institutions and individuals concerned
should have unshaken faith in the observance of
Human Rights.
They all must strive for better protection and
promotion of Human Rights to make the lives of
human beings worthy of living with dignity and
grace.
Thank you Class!
