BASIC HUMAN RIGHTS – AT A GLANCE

This article will be discussing about concept of Human Rights including International Human Right Law, UDHR, NHRC and its functions; and constitution of SHRC in light of the Human Rights Act, 1993

 

1. INTRODUCTION:

 

There are some basic rights granted to a person, by birth, which can be called as natural rights. There are some other rights granted by different statutes. A right is a privilege granted to the person who is entitle to it. Human rights are the rights inherent to all Human beings. Regardless of race, sex, nationality, language, religion or any other status.

 

2. HUMAN RIGHTS:

 

According to Section 2(d) of the Human Rights Act, 1993, “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.

 

Human rights are those rights which are believed to be inherent to all human beings, irrespective of their nationality, place of residence, sex, national or ethnic origin, colour, religion, language or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdepended and indivisible. Human rights are fundamental inalienable rights that one possesses just by virtue of the fact that one is human being. Although the government can pass laws to protect the human rights, everyone is entitled to human rights even if no legislation is enacted to protect them.

 

Some examples of human rights are – the right to life, the right to liberty and freedom, the right to the pursuit of happiness, the right to a fair trial and due process of the law, the right not to be tortured, the right to freedom of thought, freedom from slavery, servitude and forced labour, the right to freely exercise one’s religion and practice one’s religion and practice one’s religious beliefs without fear of being prosecuted for beliefs etc.

 

3. CHARACTERISTICS OF HUMAN RIGHTS:

 

The various characteristics of human rights are as follows:

 

Human rights are universal and inalienable rights: This means that everyone is entitled to human rights, and that those rights cannot be violated unless certain conditions are met and due process is followed. For instance, the Right to Liberty may be denied to a criminal.

 

They are indivisible and interdependent rights: This implies that without the other, one set of rights cannot be fully exercised. For example, if our social or civil rights is violated, it'll also affect other rights, like our political or cultural rights.

 

These are equal and non-discriminatory as all human beings are born free and equal in dignity and rights.

 

4. INTERNATIONAL HUMAN RIGHT LAW:

 

International human right law is the body of international law designed to promote and protect human rights at the international, regional, and domestic level. As a form of international law, International human right law is primarily based on treaties and agreements between the states giving them a binding legal effect between the parties. Enforcement of International human right law can occur on any of the following, a domestic, a regional or an international level. States that ratify human rights treaties commit themselves to respect those rights and ensure that their domestic law is compatible with international legislation. When domestic law fails to provide a remedy for human rights abuses, parties may be able to resort to regional or international mechanism for enforcing human rights.

 

5. UNIVERSAL DECLARATION OF HUMAN RIGHTS:

 

The Universal Declaration of Human Rights (UDHR) is declaration adopted by the United Nations General Assembly on 10 December 1948 at Paris. The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human rights are inherently entitled. The Declaration consists of thirty articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions, and other laws.

 

The following are the basic human rights proclaimed in the Declaration.

 

                   ·         Right to equality in dignity and rights.

             ·         Rights and freedoms without distinction of any kind, such as race, sex, language, religion, political or other opinion, natural or social origin, property, birth or other status.

                   ·         Right to life, liberty and security of persons.

                   ·         Right against slavery.

                   ·         Right against torture or cruelty

                   ·         Right to recognition everywhere as a person before the law

                   ·         Right to equality before law and equal protection of law

                   ·         Right to judicial remedies

                   ·         Right against arbitrary arrest, detention or exile

                   ·         Right to fair and public hearing

                   ·         Right to privacy

                   ·         Right to freedom of movement and residence

                   ·         Right to nationality

                   ·         Right to marry and to form a family

                   ·         Right to own property

                   ·         Right to freedom of thought, conscience and religion.

                   ·         Right to freedom of opinion and expression.

                   ·         Right to peaceful assembly and association

                   ·         Right to elect the representatives

                   ·         Right to equal access to public services

                   ·         Right to social security

                   ·         Right to work and to free choice of employment

                   ·         Right to equal pay for equal work

                   ·         Right to form and join the Trade Unions.

                   ·         Right to health

                   ·         Right to education

                   ·         Right to free participate in cultural life of the country.

 

6. NATIONAL HUMAN RIGHTS COMMISSION:

 

The Protection of Human Rights Act, 1993 provides for constitution of a National Human Rights Commission which consists of –

 

a)   A chairman who has been a Chief Justice of the Supreme Court;

b)   One member who is or has been, a judge of the Supreme Court;

c)   One member who is, or has been, the Chief Justice of a High Court;

d)  Two members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.

 

6.1. FUNCTIONS OF THE NATIONAL HUMAN RIGHTS COMMISSION:

 

As per provision of Section 12 of the Act, the following are the functions of the National Human Rights Commissions –

a)   Inquire, Suo moto or on a petition presented to it by a victim or any person on his behalf or on a direction or order of any court, into complaint of

i.    Violation of human rights or abetment thereof; or

ii.   Negligence in the prevention of such violation, by any public servant;

b)   Intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court;

c)  Visit, notwithstanding anything contained in any other law for the being in force, any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmate thereof and make recommendations thereon to the Government;

d)  Review the safeguards provided by or under the Constitution or any other law for the time being in force for the protection of human rights and recommend measures for their effective implementation;

e) Review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures.

f)   Study treaties and other international instruments of human rights and recommendations for their effective implementation;

g)   Undertake and promote research in the field of human rights;

h) Spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means;

i) Encourage the effort of non-governmental organisations and institutions working in the field of human rights;

j)    Such other functions as it may consider necessary for the protection of human rights.    

 

7. STATE HUMAN RIGHTS COMMISSION:

 

Section 21 of the Act provides for constitution of a State Human Rights Commission in the State by the State Government which shall consists of –

 

a)   A chairperson who has been a Chief Justice of High Court;

b)   One member who is, or has been, a judge of a High Court or District Judge in the State within a minimum of seven years experience as District Judge;

c)   One member to be appointed from amongst person having knowledge of or practical experience in matters relating to human rights.

 

8. CONCLUSION:

 

It can be concluded by saying that, human beings are rational beings. They by virtue of their being human possess certain basic and inalienable rights which are commonly known as human rights. Since these rights belong to them because of their very existence, they operative with their birth. Human rights, being the birth right, are, therefore inherent in all the individual irrespective of their caste, creed, religion, sex and nationality.

 

These rights are essential for all the individual as they are consonant with their freedom and dignity and are conducive to physical, moral, social and spiritual welfare. They are also necessary as they provide suitable conditions for the material and moral uplift of the people. Because of their immense significance to human beings; human rights are also sometimes referred as to fundamental rights, basic rights, inherent rights, natural rights and birth rights.