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CHAPTER I HISTORY OF HUMAN RIGHTS

Introduction: Each and every state provides certain sights to its


citizen for protecting their liberty. The citizen, on this part, endeavourer to establish such a political system which, in this opinion, would best safeguard their sights and liberty of all the political systems that have appeared in human society, democracy has potential for providing the greatest amount of liberty to its people. It is for this reason that after the 2nd world war, the newly independent nations around the world accepted democracy as the system of Governance.

Embracing democracy on her independence in 1947, India has earned the reorganization of being the largest democratic country in the world. We often boast of this fact and arrest that with more than 50 year experience of Governance democratic norms and practices have become deep rooted in the Indian political system.1 It is pointed out support of this assertion that in India any party in power that attempts to curb the people liberty gets immediately

HAZARIKA BOLIN, Human Rights in India ( Socio Politico & Legal Dimensions) Page No-5

dethroned in the General election. Besides, unlike in the neighbouring countries, elections is the only Mechanism for Gaining power in India, both I theory as well as in practices, but an investigating mind will easily discover a different societal reality which strikingly contrasts with the democratic faade of India. Despite the enactment of an our increasing member of legislation to safeguard liberty, power bodies continue to do as they please, capitalizing on loop holes in the legislation & weakness in the enforcement mechanisms. Legislation for protecting womens rights has miserably failed to curb corrupt medical practitioner from capitalizing on the deep urge of many India couples for haring a male child the situation has come to such a stage that in certain cities female factures have been recovered from drains, Garbages, dump, and ever public toilets, ( The Telegraph, 8.2.02), and the sex ratio in these cities have become lop- sided.1 The practice of Sati continues even to day in many areas, despite all efforts made ever since to stop it. Minister of state must take initiatives to stop such in co practices against society. These and other reported incidents represent just the tip of the ice-berg.

HAZARIKA BOLIN, Human Rights in India ( Socio Politico & Legal Dimensions) Page No-5

The fact is that in India a woman leads a life of insecurity from The Tomb to tomb.

Likewise, in the areas of terrorism, stringent anti-terrorism Acts which put enormous power at the hands of the police & paramilitary forces have not diminished the intensity of the problem.

On the one hand we have humanitarian laws for protection & Rehabilitation of the refugees, while on the other hand we have frequent instances of unidentified gunmen attacking & killing the refugees even in corps provided by the standpoints of big dams, bridges & other developmental project continue to be left infirm in their socio economic stand points.1

To achieve the dual objective of promoting literacy and eradicating child labour, the India parliament should take initiative. It would henceforth be mandatory for the parents to send their words of school going age to school. But the facts remain that both child labour and denying schooling to children, are issues immediately selected to socio-economic

HAZARIKA BOLIN, Human Rights in India ( Socio Politico & Legal Dimensions) Page No-6

cultural and domestic factor which must necessarily be taken into proper consideration.

It was all these contrasting aspects of Indian democracy that promoted is to fight for rights of Human. It is not that the concept of Human Rights is of recent origin. In fact, Human Rights dates back to the days of antiquity. The concept of Universal brotherhood and fellow filings has their origin invasions religious orders. Christ never recognized any distinction between few and gentile. Buddhism preached the doctrine of nonviolence in deed & thought.1 Hinduism preached the doctrine of kinship. However, during the middle ages, for various reasons, these values come to be neglected and can be considered to have sunk to its nadir till the advent of modern times, for people continued to be averse to religious freedom. Colonization followed by religious conversion and slave trade neglected the values of Human Rights.2

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RAJKHOWA SUBHRAM, HUMAN RIGHTS ( Some reflections) Page-1 Ibid at Page -2

The modern concept of Human Rights can be said to have evolved in England in the form of the Magna larta.1215 the petition of Rights, 1672 Habeas Corpus Act, 1679 & the Bill of Rights, 1689. Other Significant landmark are the American Declaration of Independence & the French Revolution.1

MEANING OF HUMAN RIGHTS: Human beings are rational beings. They by virtue of their being human passes certain basis & inalienable rights which are commonly known as human rights. Since these rights belong to them because of their very existence, they become operative with their birth.2 Human Rights, being the birth right, are therefore, inherent in all the individuals irrespective of their cast, creed, religion, sex & nationality. These rights are essential for all the individuals as they are consonant with their freedom & dignity and are conducive to physical, moral, social and spiritual welfare. They are also necessary as they provide suitable condition for the material and moral uplift of the people. Because of their immense significance to Human beings; human rights are also sometimes

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RAJKHOWA SUBHRAM, HUMAN RIGHTS ( Some reflections) Page-1 DR. AGARWAL. H.O, INTERNATIONAL LAW & HUMAN RIGHTS, 16th Edition, page no-730

referred to as fundamental rights, basic rights, inherent rights, natural rights & birth rights.

Presently the vast majority of legal scholars and philosopher agree that easy human being is entitled to some basic rights. Thus, there is universal acceptance of human rights in principle in domestic and international plans. Human rights is a generic team and it embraces civil rights, civil liberties and social, economic and cultural rights. It is therefore difficult to give a precise definition of the term human rights. However, it can be said that the rights that all people have by virtue of being human as human rights.1 These are the rights which no one can be deprived without a grave effort to justice. These are certain freedom which should never be done certain which are supremely sacred. It is so because they may affect the human dignity. Thus, the idea of human rights is found up with the idea of human rights dignity.

DR. AGARWAL. H.O, INTERNATIONAL LAW & HUMAN RIGHTS, 16th Edition, page no-730

Human Rights are, therefore, those rights which belong to or individual as a consequence of being human as a means to human dignity. These are the rights which all new everywhere at all times ought to have, something of which no one maybe deprived without a grave effort to justice They are based on elementary human needs as elemental for sheer physical survival and health. Others are elemental for physical survival and health. Thus, Human rights can be perceived and enumerated . These rights are associated with the traditional concept of natural law. The Vienna Conference of 1993 again

emphasized that these is no difference between the two sets of rights by starting that All human rights are Universal, invisible & inter dependent & inter selected. The International community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis.1

The 2005 World Summit Outcome also States that: We affirm that all human rights are universal, individual, interested, inter dependent and mutually reinforcing and that all human rights must be treated in a fair and equal manner on the same footing and with the same emphasis. While the significance of national and regional peculiarities and various historical, cultural and religious backgrounds must be borne in mind, all states, regardless of their political, economic and cultural system, have the duty to promote and protect all human rights and fundamental freedoms.2

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DR. AGARWAL. H.O, INTERNATIONAL LAW & HUMAN RIGHTS, 16th Edition, page no-734 Ibid at Page -734