HUMAN RIGHTS – A BASIC IDEA WITH REFERENCES TO INDIA

 “Rights are those conditions of social life without which no man can live, in general, to be himself at his best”

……….. Laski.

 

MEANING OF HUMAN RIGHTS:

 

Human Rights are those inherent, inalienable, and basic rights of an individual which he possesses and enjoys in the world by virtue of being a human irrespective of birth, race, domicile, nationality, sex, age etc. without these rights, human life with dignity is not possible. The expression human rights are a 20^th century terminology for what has been traditionally known as natural rights or the rights of a man.

 

BASIS OF HUMAN RIGHTS:

 

The legal base of the modern concept of human rights is the slogan, “Liberty, Equality, Fraternity” of the French Revolution. The Universal Declaration of Human Rights adopted on December 10, 1948 declares, “All human beings are born free and equal in dignity and rights”. December 10 is observed as Human Rights Day every year. Almost all the rights envisaged in the Universal Declaration are enshrined in the Indian Constitution either as ‘Fundamental Rights’ or as ‘Directive Principle of State Policy (DPSP)’. Fundamental Rights offer to all citizens individually and collectively those basic freedom and conditions of life which alone can make life significant. The Directive Principle of State Policy instructed the states to provide to all citizens, men and women equally, an adequate means of livelihood, just and cultural opportunities. The Preamble to the Constitution mentions the essential individual rights as “freedom of thought, expression, belief, faith, and worship”.

 

ABUSE OF HUMAN RIGHTS:

 

Despite the advancement in civilization abuses of human rights by democratic governments and political killing have been increasing. Terrorists are always active to abuse the human rights of the general people, like-Mumbai Killing, attack in World Trade Centre, Flight high jacking, series bomb blasts, etc. Women are another vulnerable section of the society and are still harassed and subjected to torture for dowry.

 

MEASURE TO PROTECT HUMAN RIGHTS:

 

The Constitution of Human Rights Commission on November 1, 1993 is a landmark in the crusade to safeguard human rights. Human Rights Organization is States also actively working and taking measures for the protection of human rights. In 1998, the Supreme Court ruled that sexual harassment at workplace is an offence. In 1992, the National Commission was set up to safeguard women’s right. Such commissions and organizations should work more actively to end discrimination and promote socio-economic justice for all.

 

On January 8, 1994, the President of India gave his approval to the Protection of Human Rights Bill, which had already been approved by both Houses of Parliament. It was thus enacted as The Protection of Human Rights Act, 1993. Originally, Section 1(2) of the Act stated that it only applied to the union list and concurrent list in case of Jammu and Kashmir, and that it applied to all of India. Act 34 of 2019, on the other hand, removed this proviso, making this Act applicable to the entirety of India.

 

CONCLUSION:

 

Misuse of laws by authorities is widely recognized as the root cause of human rights violations and for tackling the problems of human rights violations in a democratic set up successfully, the police and bureaucrats should function in a transparent manner. Thus, Human Rights are the inalienable rights of man, the protection of which is the primary responsibility of the state.