Q.1 What do you understand by Human rights?

Kindly trace their brief evolution and

relevance?

Ans. Human Rights has been a inseparable pillar in our socially vulnerable society since
the inception of United Declaration of Human Rights in 1948. Human rights are
considered as those basic rights which is their for every individual around the globe
irrespective of their origin, credo, sex etc. It is their due to the very existence of human
beings. By the virtue of their being human, they possess these basic, inalienable rights
which is referred to as human rights.

These rights become operative with human birth itself and are inherent to all human beings
as mentioned above. Profound lineage of human rights can be traced very deep in eternity.
World’s all major religion have a humanist perspective, although they perhaps have
different approach, but all the major religion of the world stands true to secure the basic,
inalienable rights. Human right derives its significance due to the very fact that it fosters
to safeguard the dignity and inherent right to free existence of a human being

The long tradition of human rights is linked to historic world events such as the French
Revolution of 1789. It has been one of the main political fights of the 19th and 20th
centuries, including in India where freedom fighters led the struggle for independence in
the name of human rights.

The memories of the horrors of the Second World War gave an impetus to the human
rights movement. In 1948, this resulted in the proclamation of the Universal Declaration
of Human Rights. The diversity of the origins of its authors reflected the universality of
the human rights and the fundamental freedoms set forth in the Declaration, regardless of
race, gender, religion or nationality.

Today it is more important than ever before to realise that promoting and respecting human
rights is linked to the goal of guaranteeing human security. Human security, democracy
and prosperity can only be achieved in societies where fundamental freedoms are
respected. As former U.N. Secretary-General Kofi Annan said, “Humanity will not enjoy
security without development; it will not enjoy development without security; and it will
not enjoy either without respect for human rights.”
Q.2 What remedies are available with a Hindu woman for seeking maintenance from her
husband under the perspective?

Ans. Under Indian law, the right to maintenance is civil in nature but it is also placed under the
criminal code. Under Hindu law, a wife has a right to be maintained during her life time as per
the provision of the Hindu Adoption and maintenance Act 1956. Under the section 18(1) of
HAMA ,1956 wife is entitled to maintenance by her husband for life time i.e. she will be given
maintenance until she dies, or her husband dies. Under section 18 of this act a Hindu wife is
entitled to live separately from her husband without cancelling her right to claim maintenance.
The grounds under which she can live separately are: -

1. Husband is guilty of desertion

2. The husband has treated her with cruelty.
3. The husband is suffering from a virulent form of leprosy.
4. The husband has any other wife living.
5. The husband keeps a concubine elsewhere.
6. The husband has ceased to be a Hindu by conversion to another religion.
7. If there is any other cause justifying living separately.

But there are two bars which will prevent a wife from claiming maintenance from her husband
i.e.

i. If she is unchaste or
ii. If she ceases to be a Hindu by conversion to another religion.
iii.

Q.3 Kindly draw a nexus between Human Rights and Fundamental rights in not more than 300
words?

Ans. Human rights and fundamental rights aim at creating a legal framework in which people
can live in serenity and in consonance with other individual to maintain equality and diversity
of the society. Both seek to secure individual’s freedom and dignity through their own ways.
Fundamental rights as enshrined in most of the constitutions of various countries around the
globe, taking the example of our own constitution it has been enshrined in the third part of the
constitution.
Human rights has a more holistic impact as it not enshrined in any constitution of a particular
country, but in the Universal Declaration of Human Rights which has been solemnly accepted
by more number of countries of the World. Both can be enforced by legal mechanism and
bodies although Universal rights can only be enforced by international bodies like ICJ
(International Court of Justice), ICC (International Criminal Court) etc.
The concept of Human Rights and Fundamental Rights trace similar lineage, and both originate
from the idea of natural justice, just and equal society. These rights are intrinsic for the well-
being of our societies and for maintaining the social fabric, so that a just and equal society can
be established.