HUMAN RIGHTS LAW – MODULE 1

Class: SY LL.B.
Asst. Prof. Maitreyee Raut

Sr. Chapter Page No.

No.
1 Definition and Characteristics of Human Rights 1
2 Theories of Human Rights 3
3 History of Human Rights 6
4 History of Human Rights in India 14
5 Classification of Human Rights: First, Second and Third 20
Generation
6 Universal Declaration of Human Rights 22

1. DEFINITION AND CHARACTERISTICS OF HUMAN RIGHTS

All human beings are born free and equal in dignity and rights - Article 1 of
Universal Declaration of Human Rights.

‘Rights’ means something which a person is entitled to, given by the Law, privilege,
tradition or nature.

The expression, "Human Rights" is comparatively of recent origin as it formerly and

universally was recognised only after the formation of the United Nations in 1945,
which under its Charter enumerated one of the basic principal objects of the
reaffirmation of faith in fundamental Human Rights, in the dignity and worth of human
person, in the equal rights of men and women and nations large and small.

Human rights, is an umbrella term which includes all kinds of rights such as Civil,
Political, Social, Economic, Cultural and Religious.

1. Inherent in Nature: Human Rights, being the birth rights are, therefore, inherent in
all the individuals irrespective of their caste, creed, religion, sex and nationality.
Human rights are those minimal rights which every individual must have against
the state or public authorities by virtue of him being a member of human family,
irrespective of any other consideration.
2. Natural Rights: Human rights are not created by any legislature. They assume
the position of natural rights in human life.
3. Fundamental for Man's Existence: These are fundamental in nature and are
inevitable for existence of people. The Human Rights being eternal part of the
nature of human beings are essential for development of individual personality
and human qualities, the intelligence, talent and consciences and to enable them
to satisfy the spiritual and other higher demands. Being born as human beings,
persons possess certain basic and inalienable rights, which are commonly known
as human rights.

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4. Inalienable: Human rights cannot be transferred from one person to another, from
one generation to another, etc. Also because no one gives these rights and none
can take them away, these rights are inalienable. Undoubtedly, an individual is
entitled to these rights by his birth because of which often these rights are termed
as "birth rights".
5. Universal: Human rights are universal which means they belong to everyone, no
matter what their race, religion, caste, sex, economic status or place of birth is.
They are universal also because their core ideas are common to all religions,
faiths and moral codes and cross national and cultural boundaries. Moreover,
these rights belong not only to individuals but also to communities which gives
these rights a universal character. For example, a community of tribal people has
a right to speak its own language and preserve its way of life, provided these do
not themselves violate or alter the human rights of other individuals or
communities.
6. Interrelated and Indivisible: Human rights are called by various names and
sometimes separated into different categories like civil and political rights,
economic, social and cultural rights. Every right depends on another for its
fulfilment. No right can really be practiced without other rights. Thus, these rights
are called indivisible and interrelated. For example, the right to education is
classified as a social right but it would be impossible for all persons to get that
right if there was no right to equality or if there was no court to uphold that right.

Definitions:

a. Susan Moller Okin: Human right is a claim to something of crucial importance

for human life. According to this definition, whatever is important for human life to
sustain be given granted in the form of rights.
b. Louis Henkin has referred human rights as the idea of our time. Here, the author
says that human rights concept is a modern thing, which is developed recently.
c. Jurist Ronald Dworkin regards 'rights as trumps' that set limits on state action
whenever it encroaches on the individual's protected sphere. As per this
definition, rights are termed as restrictions on the State to prevent abuse of power
and thereby affecting individual rights.
d. National Human Rights Commission states that the human rights are those basic
entitlements and freedoms that make the lives meaningful. To be free from fear,
free from deprivation and right to have opportunity to achieve all that we are
capable of is a fundamental human aspiration. That is why human rights are
sometimes called "natural rights”.
e. Dr. Purohit says human rights are the basic values, which underlie that human
beings, born in any part of the world, are equal in dignity and rights. These are
the moral claims of persons, irrespective of their race, class, sex or nationality,
moral claims which are inalienable and inherent in all human individual by virtue
of their humanity alone. This is to say that Human Rights are rights which all

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 persons hold by virtue of the human condition. Such rights do not depend upon
grant or permission of any State Government; they are natural to the human
person. Likewise, when such moral claims of human persons are codified by a
state according to the law-creating processes of a society and granted to its
citizens, they are known as Fundamental Rights or legal rights of the citizens.

Purpose of Human Rights:

 No one has the right to abuse a person's rights, be it the Family, Society,
Community or State. No one can discriminate or treat anyone unfairly or unjustly.
 These rights are essential to develop human personality, at all stages of life.
 To establish institutions to promote/ uplift living conditions of human beings.
 To provide effective remedy, in case of violation of rights, not only against actions
of State but also acts of Private individuals.

2. THEORIES OF HUMAN RIGHTS

1. Theory of development of Natural Rights:
 It states that an individual enters into society with certain basic rights and no
government can deny these rights. The natural rights evolved out of the natural
law ‘that peoples are the creatures of nature’. The rights exist in their lives and
organize their society based on rules and principles laid down by nature.
 When the idea of individualism developed in the 17th century, the theory of
natural law was modified and focussed on the rights of individuals. It cannot be
violated by anyone or society because they are natural beings. Therefore, we
can clearly say that today's human rights are the child of ancient natural rights.
 The most notable expression of this doctrine is found in the writings of John
Locke (English Philosopher). John Locke argued that all individuals were gifted
by nature with the inherent rights to life, liberty and property of their own and
could not be removed or abolished by state.
 Two things are evident from his view of natural rights, one is the individual is an
autonomous being capable of exercising choice and the second is the
legitimacy of government depends not only upon the will of the people, but also
upon the government's willingness and ability to protect those individual natural
rights.
 Accordingly, human beings are rational and good by nature and they carried the
same rights they had enjoyed in earlier stages of society into political society and
important among them are freedom of worship, the right to a voice of their own
government and the right of property.

2. Theory of Social Welfare Theory/ Social Expediency Theory:

 The supporters of this theory says that law, custom and natural rights, all are
conditioned by Social Expediency.

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 Right is the creation of society, law, customs, traditions and yield to what is
socially useful or socially desirable.
 What is socially useful should have for its test ‘the greatest happiness of the
greatest number.’ The real advocators of this theory were Bentham and Mill.
They established the principle of greatest happiness of the greatest number and
made it for the measure of utility. But utility should be determined by
considerations of reason and experience according to them.
 Laski accepts utility as the basis of rights. He agreed that the test of right is utility
and the utility of a right is its value to all the members of the State. Rights are not
independent of society, but inherent in it. One's rights are built upon one's
contribution to the well-being of society.
 Rights are built upon their utility to the individual and the community. Utility is the
measuring rod of a particular right. The theory has its appeal in the sense of
justice and reason.
 Utilitarianism is a theory of morality that advocates actions that foster happiness
or pleasure and oppose actions that cause unhappiness or harm. When directed
toward making social, economic, or political decisions, a utilitarian philosophy
would aim for the betterment of society as a whole.

3. Legal Right Theory:

 As expounded by Jeremy Bentham, this theory says that rights are the creation of
the States, hence they are neither absolute nor inherent in the nature of man.
 These rights such as right to life, liberty or property are artificially created by the
law of the land. According to this theory Human Rights are recognised by the
States and hence protected by the State.
 According to this theory rights are created and maintained by the state. The state
is the only source of right and outside the state, an individual has no rights at
all and never claim rights against state.
 The political pluralists object this theory, because the state does not create rights
but it only recognizes them. One of the main exponents of this theory was
Austin.
 There is a lot of criticism about this theory because it does not provide an
adequate basis of rights. It might tell us the character of a particular state but it
does not tell us what rights need recognition.
 This theory will lead to despotic state and tyranny of laws. It does not provide a
basis to know what right ought to be ensured. Rights are not what the state
grants, but what the man needs for his self-development and what the state
should grant.

4. THEORY OF HISTORICAL RIGHTS

 According to this theory, rights are the product of history and originate in its
customs, which passed from one generation to another.

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 It gives emphasis to custom. They are considered fundamental to the growth and
development of man, because they are maintained by a long unbroken custom
and the generations have habitually followed them.
 The Glorious Revolution was simply a reaffirmation of the historic liberties of
English, had their heritage since the days of the Anglo Saxons. It found due
expression in Magna Carta, Petition of Rights and various other documents of
constitutional importance. (The chapter of Glorious Revolution in the British
history showcases how a dissatisfied Public dethroned a King, and replaced him,
and also earned certain rights in their favour.)
 It is to note that many of our rights are really originated in our primitive customs.
At the same time it does not mean the origin of all rights can be traced to
customs and traditions. When rights are rigidly tied to customs alone, we entirely
ignore the dynamic nature of society and the changing capacities of rights. Rights
change with the facts of time and place.

5. Idealistic Theory/Personality Theory:

 Idealism is a term with several related meanings. It comes directly from the Greek
"idealismos" which derives from the word (idea).
 Man has two facets: spiritual and material. When the emphasis is on realization
of spiritual life, it is called idealism.
 Idealist does not have considerations for material values of life.
 Idealism is a metaphysical theory that suggests that reality is primarily made up
of ideas and that the mind is a vital part of how we understand reality. It
emphasizes the spiritual or mental aspects of experience and rejects the idea of
material existence.
 The theory insists on the inner development of man, on the development of his
full potentiality and treats right of personality as a supreme and absolute right. All
other rights such as right to life, liberty and property are derived from fundamental
rights.

6. THEORY OF ECONOMIC RIGHTS

- It finds its inspiration in the teaching of Karl Marx. It rejects the concept of natural
and other rights, stated from time to time as an explanation of the nature of rights.

- Marx's idea is simple and even convincing too to certain extent. According to him
the State is powerful agency to uphold the particular type of social organisation
and law is a tool of the State that preserves and safeguards the interests of the
dominant group in the society'.

- He explained that political, social, religious and other institutions are determined
by economic components, which is essentially the mode of production. To each
stage of production in the development of society corresponds as appropriate
political form and an appropriate class structure. Every system of production lead
to the rise of two opposite classes -- the exploiters and the exploited.

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- Laski agrees with Marx's idea and maintains that the way the economic power is
distributed at any given time and place will shape the character of legal duties
which are imposed on that time and place. The economically powerful group in
society dominates controls, regulates the machinery of the government, and
occupies all the key positions of power.

- The laws are so made and the policies of the governing class are so devised and
formulated that they protect the interests of this group alone. Consequently, the
dogmas of equality before the law and other fundamental rights of the people are
only a cloak of inequality, i.e. slavery. Rights are, as such, neither the product of
human nature nor their origin can be traced to the ancient customs, or in their
inherent utility, nor are rights the result of external conditions essential to man's
internal and real development.

- The economic structure of society at a given period of time is the foundation on

which the political system of a country is built. In a capitalist society, the aim and
nature of rights are to promote and foster the interests and privileges of the
dominant economic group that owns productive forces. For the masses, rights
are the instruments of their enslavement.

- Karl Marx finally believes that rights can exist and flourish only in a classless
society where all are equal and no one is to be an exploiter. He ignored all talk of
rights in the capitalist society and regarded fundamental rights the pillars of
democracy and the fetish of bourgeois jurisprudence.

3. HISTORY OF HUMAN RIGHTS

1. Cyrus Cylinder:

In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia,
conquered the city of Babylon. But it was his next actions that marked a major
advance for Man. He freed the slaves, declared that all people had the right to
choose their own religion, and established racial equality. These and other decrees
were recorded on a baked-clay cylinder in the Akkadian language. This ancient
record has now been recognized as the world’s first charter of human rights. Its
provisions parallel the first four Articles of the Universal Declaration of Human
Rights.

2. Magna Carta: 1215 - The Great Charter

In 1215, after King John of England violated a number of ancient laws and customs
by which England had been governed, his subjects forced him to sign the Magna
Carta, which enumerated what later came to be thought of as human rights.

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 the right of the church to be free from governmental interference,

 the rights of all free citizens to own and inherit property and to be protected from
excessive taxes.

 the right of widows who owned property to choose not to remarry,

 It established principles of due process and equality before the law.

 It forbade bribery and official misconduct.

 Right to fair trial and justice

Widely viewed as one of the most important legal documents in the development of
modern democracy, the Magna Carta was a crucial turning point in the struggle to
establish freedom. It gave barons the right to declare war on the king if he did not
follow the document.

3. The Petition of Right: 1628

 The Petition of Right was made by the third Parliament during King Charles's
reign, in U.K.

 King Charles I had maintained a tumultuous relationship with the House of

Commons, which did not trust Charles and denied him taxes to finance his war
against Spain. After dismissing his second Parliament, he imposed a forced
loan, an effective tax wherein the monarch compelled gifts from his subjects and
arbitrarily arrested and imprisoned those who did not comply; quartered troops in
subjects’ houses as an economy measure.

 The third Parliament found this to be a violation of the spirit of the Magna
Carta, which provided that the monarch could not levy taxes without common
consent or imprison a free man without cause, and thus drafted the Petition (at
the suggestion of Sir Edward Coke) to reclaim the rights of Parliament and of free
men and to extract a recommitment from the crown to observe the rule of law.

 It asserted four principles:

a) No taxes may be levied without consent of Parliament,
b) No subject may be imprisoned without cause shown (reaffirmation of the
right of habeas corpus),
c) No soldiers may be quartered upon the citizenry, and
d) Martial law may not be used in time of peace.

 Charles I was compelled to accept the petition to continue receiving subsidies for
his policies, but he later ignored its principles. Nevertheless, the Petition of Right
came to be regarded as a constitutional document of the government of the
United Kingdom, alongside other monumental acts such as the Magna Carta and
the Bill of Rights (1689).

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4. The Bill of Rights (1689)

 The Glorious Revolution took place in England in 1688-89, to oust the King
James II (whose policies were biased and people lost trust into him, they
disapproved his outright power).

 His daughter Mary and her husband William replaced him as joint monarchs.
Both agreed to give more powers to the Parliament and entered into a settlement
called the Bill of Rights.

 Firstly, through the Bill, they condemned the acts of James II. They conferred
several rights such as

a. Freedom to elect members of Parliament, without the king or queen’s

interference

b. Freedom of speech in Parliament (Parliamentary Privilege)

c. Freedom from royal interference with the law

d. Freedom to petition the king

e. Freedom to bear arms for self-defence

f. Freedom from cruel and unusual punishment and excessive bail

g. Freedom from taxation by royal prerogative, without the agreement of

Parliament

h. Freedom of fines and forfeitures without a trial

i. Freedom from armies being raised during peacetimes

 It created a constitutional monarchy in England, meaning the king or queen

acts as head of state but his or her powers are limited by law.

 Under this system, the monarchy couldn’t rule without the consent of
Parliament, and the people were given individual rights. In the modern-day
British constitutional monarchy, the king or queen plays a largely ceremonial
role.

The English Bill of Rights encouraged a form of government where the rights and
liberties of individuals were protected. These ideas and philosophies penetrated into
the colonies of North America.

5. The American Declaration of Independence, 1776

The Continental Congress unanimously adopted the Declaration of Independence on

July 4, 1776. This founding document of the United States, announced the
separation of 13 British colonies from Great Britain Rule, condemning the injustices
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they committed on the inhabitants of these 13 colonies. It declared that all men are
created equal and endowed by the Creator three basic rights - life, liberty and pursuit
of happiness.

https://teachingamericanhistory.org/document/declaration-of-independence/

6. The Constitution of the United States of America (1787) and Bill of Rights
(1791)

 Written during the summer of 1787 in Philadelphia, the Constitution of the United
States of America is the fundamental law of the US federal system of government
and the landmark document of the Western world. It came into force in 1789.

 It is the oldest written national constitution in use and defines the principal
organs of government and their jurisdictions and the basic rights of citizens.

 Back then when the Constitution of USA was framed, it contained no guarantee
of inalienable rights such as freedom of speech, assembly and religion. It was
soon felt inalienable rights of man should be adopted as part of Constitution
which could serve as legal limitation on the powers of each of the organs set up
by the Constitution, empower the Courts of law to invalidate legislative and
executive acts that might transgress these inalienable rights and to give a
justifiable guarantee of individual rights.

 The first ten amendments to the Constitution—the Bill of Rights—came into

effect on December 15, 1791, limiting the powers of the federal government of
the United States and protecting the rights of all citizens, residents and visitors in
American territory.

 The Bill of Rights protects

a. freedom of speech,
b. freedom of religion,
c. the right to keep and bear arms,
d. the freedom of assembly
e. the freedom to petition.
f. prohibits unreasonable search and seizure, cruel and unusual punishment and
compelled self-incrimination.
g. prohibits Congress from making any law respecting establishment of religion
h. prohibits the federal government from depriving any person of life, liberty or
property without due process of law.
i. guarantees a speedy public trial with an impartial jury
j. prohibits double jeopardy.

7. The Declaration of Rights of Man and Citizens, 1789:

 In 1789, the people of France brought about the abolishment of the absolute
monarchy and set the stage for the establishment of the first French Republic.
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 Just six weeks after the storming of the Bastille, and barely three weeks after the
abolition of feudalism, the Declaration of the Rights of Man and of the Citizen was
adopted by the National Constituent Assembly as the first step toward writing a
constitution for the Republic of France.

 This declaration states that the preservation of natural rights of man was the aim
of every political association. The following rights and provisions are stated in the
declaration:

1. Equality before Law

2. Liberty, Property and Security

3. Freedom do anything that does not harm others

4. The Law is the expression of the general will.

5. Protection against arbitrary arrests,

6. Presumption of Innocence

7. Freedom to express and religion

8. Equal distribution of taxes among people

9. Right to ask a public official for an accounting of his administration.

The rights of women were raised, and slavery was abolished.

https://www.elysee.fr/en/french-presidency/the-declaration-of-the-rights-of-man-and-
of-the-citizen

https://www.humanrights.com/videos/documentary/what-are-human-rights.html

8. Abolition of Slavery

 In a system of slavery, a slave is considered property and is deprived of most

of the rights of free people. Slaves were often forced to work, and their
location of work and residence was dictated by their owner. They were often
treated as objects of the law, rather than subjects, and were not usually held
responsible for their actions.

 In August 1833, Parliament passed An Act for the Abolition of Slavery

throughout the British Colonies, converting enslaved people into apprentice
labourers and taking steps to protect their work and wellbeing.

 The act made the purchase or ownership of slaves illegal in most parts of the
British Empire, freeing more than 800,000 enslaved Africans. Children of
Slaves under six were freed immediately, but adults were forced into an
apprenticeship system for up to six years.

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  In United States, many northern states abolished their institution of slavery by
mid nineteenth century, although the southern states were very much
economically dependant on slave labour. Conflict and debates over the
expansion of slavery to new territories culminated in the southern states'
succession and the American civil war. During the reconstruction period,
immediately following the war, several amendments to the United States'
Constitution were made. These included the 13th amendment, banning
slavery; 14th amendment, assuring full citizenship and civil rights to people
born in the United States and the 15th amendment, guaranteeing African
Americans the right to vote.

9. International Humanitarian Law/ Laws of War

 The Battle of Solferino took place between the French and Austrian forces,
The French emerged victorious. Jean-Henri Dunant, who toured the battlefield
after the war ended, was motivated by the horrific suffering of wounded
soldiers left on the battlefield to begin a campaign that would eventually result
in the Geneva Conventions and the establishment of the International Red
Cross.

 His movement motivated the cause that there should some restrictions
imposed on the War for protection of innocent civilians and ameliorate the
disabled soldiers. Several International agreement and Conventions to create
a duty towards humanity, the do’s and don'ts in a war.

 These laws laid down responsibilities of the belligerent nations:

1. Persons not involved in war should be protected and treated humanely.

2. Not to injure or harm a surrendered enemy or who was combat de hors.

3. The wounded and sick be cared for by the party to the conflict which had them
in its power.

4. Captured combatants and civilians must be protected by party, they shall

have right to correspond with their families and receive relief.

5. No one shall be subjected to torture, corporal punishment or cruel/degrading

treatment.

6. Parties to conflict shall not have unlimited choice of warfare means and
methods.

7. They shall distinguish between the civilians and combatants.

8. Attacks to be directed solely against military objectives.

10. World War 1 and its impact

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  The First World War ran from July 28, 1914, till November 11, 1918. Also
called the Great War, it was a result of constant conflict between European
and other World countries. The war resulted in the defeat of the Central
Powers. It had a devastating impact on the world, killing an estimated 10
million soldiers and more than 20 million civilians. It also led to the fall of four
great imperial dynasties, the Bolshevik Revolution in Russia, and laid the
groundwork for World War II.

 Harsh treatment to the civilian population, forced labour, property was

burned and land snatched away.

 various epidemics along with starvation spread all over the globe which in
turn led to millions and millions of people dying all over.

 To add to this, the departure of many men altered families. Without the
primary bread earner, women were forced into the workforce in
unprecedented numbers. At the same time, industry needed to replace the
lost labourers sent to war. This aided the struggle for voting rights for women.
In other words, the world experienced massive disobedience towards the
human rights the one which was never probably thought of, violating various
rights such as that of life, property, liberty, etc.

12. World War 2 and its impact

 The World War I and II collectively had created mammoth violations of the
human rights. Again in World War II as in I, estimates suggest that some 60
million people died in the war including about 20 million soldiers and 40 million
civilians. It began from 1 Sept 1939 and ended on 2 Sept 1945.

 Many civilians died because of disease, starvation, massacres, bombing

and deliberate genocide. All the more, figures on the amount of total
casualties vary to a wide extent because the majority of deaths were not
documented. The usage of biological and chemical weapons also led to
violations.

 The Nazis were solely responsible for the killing of approximately six million
Jews as well as two million ethnic Poles and four million others who were
deemed "unworthy of life" as part of a programme of deliberate extermination.
Other groups singled out by the Nazis included LGBTQ individuals, the
physically and mentally disabled, Roma (gypsies), Poles and other Slavic
peoples, Jehovah’s Witnesses, and members of political opposition groups.

 Slavery and Forced labour rebounded due to poverty, loss of efficient

manpower and misery.

13. Nuremberg Trials:

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  Nuremberg Trials were started to prosecute prominent Nazi German leaders
for committing various crimes during the War.

 These Trials made three important contributions to international law:

a) They established a precedent that all persons could be held individually

accountable for their behaviour during times of war. Defendants could not
insulate themselves from personal responsibility by blaming the country,
government or military branch for which they committed the particular war
crime.
b) Individuals cannot shield themselves from liability for war crimes by
asserting that they were simply following orders issued by a superior in the
chain of command.
c) It clearly established three discrete substantive war crimes that were
punishable under international law: crimes against peace, crimes against
humanity and crimes in violation of transnational obligations embodied in
treaties and other agreements. Before the Nuremberg trials, these crimes were
not well-defined and persons who committed such crimes had never been
punished by a multinational tribunal.

 The outcome of these Trials helped draft important conventions and Laws.

14. Establishment of the United Nations Organization

 One of the significant outcomes of World War 2, the League of Nations was
found ineffective in stopping the grave consequences of Conflict. The United
Nations replaced it on 24th October 1945.

 The main objectives of the United Nations are the maintenance of

international peace and security, the promotion of the well-being of the people
of the world, and international cooperation to these ends.

 The Preamble of the UN Charter begins with words, “to save succeeding
generations from the scourge of war, which twice in our lifetime has brought
untold sorrow to mankind, and to reaffirm faith in fundamental human rights, in
the dignity and worth of the human person, in the equal rights of men and
women and of nations large and small…”

There are 6 main organs of the UNO, such as the General Assembly, The Security
Council, the Secretariat, the Economic and Social Council, the Trusteeship Council
and the International Court of Justice. All these organs have played a significant role
to promote and protect human rights and fundamental freedoms in the world.

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 4. HISTORY OF HUMAN RIGHTS IN INDIA

Ancient India

1. Vedas: There are four types of Vedas – Rigveda, Samaveda, Yajurveda, and
Atharvaveda. One of the best sources of Ancient Indian History is Vedic
literature. The ideas and practices of Vedic religion are codified by the Vedas and
they form the basis of classical Hinduism.
a. Right to Happiness: The Right of Happiness to be the highest fundamental right
of all humans. In Vedic texts there is a resplendent verse which illustrates the
concept of the well-being of all and wherein the seers are praying to deities to let
everyone in the world be happy; let all be free from infirmities and disease; let all
experience good; let no one be inundated by grief and suffering; let there be
peace, peace, and peace. During the Vedic period, it was the king’s dharma to
keep his subjects happy as in the happiness of his subjects alone lie the king’s
happiness.

b. Right to Equality: According to the Rig Veda, "Nobody is superior or inferior."

They're all brothers. Everyone ought to work toward the common good and
advance collectively. “Let your resolutions, hearts, and minds be one." Both men
and women had at par status in Vedic society. Vedic women had the right to
education. Apala, Ghosha, Lopamudra, Maitreyi, and Indrani were the eminent
women seers of the Vedic age who composed few hymns of Vedas. They had
the right to marry a person of their choice after attaining puberty, like the practice
of ‘Swayamvar’. Women even participated in wars.

c. Right to Education: Through ages education regarded as a means of equality

and potential instrument for social change. A man without education is equal to
animal i,e. he can be truly called "vidya Bihinah Pashuh”. The Gurukul system of
education was an ancient Indian tradition whereby students lived and learned
under the mentorship of a guru, or teacher, in secluded forests. Originating
around 1500 BCE, it combines academic learning with moral and spiritual growth
for holistic development. Key principles include personal mentorship, experiential
learning, and discipline, with values built on respect, self-reliance, and community
service.

d. Right to Protection: It is the basic responsibility of the state to ensure protection

to its individuals from insecurity and oppression. In Mahabharat, Rajdharma,
should emphasize such protection as an important responsibility of king or the
ruler. It has been said therein to punish wicked to protect Good; to enrich treasury
by fair means; to be impartial in the litigation and to protect the kingdom.

e. Right to Justice: According to ancient Scriptures, it is the duty of the King or

ruler to give/offer justice to the oppressed and those who are deprived. Narada

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 Muni has said that the king should try cases with great care, should decision
according to the Law and should adhere to the opinion of the Chief Justice. He
has very aptly observed, "The king should not delay in examining the witnesses.
A serious detect, namely, miscarriage of justice would result owing to delay in
examination of witnesses".

In ancient Indian Society, to properly manage of the Society, the work was divided
into 4 main categories – Brahman, Kshatriya, Vaishya and Shudra. The work was
assigned to people based on merits and aptitude of an individual. However, as time
passed, this division of work became rigid and instead of depending on an individual
capacity, a person’s profession depended on the family in which he was born. This
fallacy resulted into immense denial of basic rights such freedom, equality and
dignity to several people who were considered as the lowest in the Society.

2. The Concept of Dharma:

The basis of Human Rights is Dharma which is vitally concerned with humanity.
Dharma is one word which defines and covers totality of human experience and
existence. It derived from the root, Dhr meaning to uphold, to support, to nourish, to
integrate etc. The Law of Dharma in ancient India made an attempt at building an
organized social life wherein each individual realized his goals within the parameters
of social norms of morality.

In the Hindu ethics we come across four important goals of life (puruşārthas). They
are: artha, kāma, dharma, and mokşa. All these four goals are of immense value to
human individuals. The first three are absolutely necessary for good social life. Artha
and kāma are treated as base values and dharma is treated as a higher value.
Perfection in human life is the ultimate goal of every individual. Every individual
seeks qualitatively good life. It is not merely the longer duration of life which is
important but such duration is always needs to be qualitatively good.

3. Ramayana

In the Ramāyaņa it appears that Lord Rāma happened to say that if people of his
state are happy he is happy. The ruler is the upholder of order. His rule must be free
from vices and social evils. He is the guardian of his own people. At the time of
taking oath the ruler must categorically affirm that he will ensure all the steps
towards the protection of his people and never to act in an arbitrary manner. He must
be the true follower of dharma. A ruler who exercises power and enforces
punishment would get the praise of his people only when his actions are free from
any partiality. Such actions bring about universal peace and happiness. The ruler
also would become a role model to other rulers.

4. Kautilya’s Arthashastra:

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Kautilya beautifully sum up the concept of welfare state by saying that the happiness
of the state lies in the happiness of his subjects. Arthasastra refers the rights and
duties of rulers, ministers, priests, soldiers, people etc. The king’s duties in the
internal administration of the country are three fold raksha or protection of the state
from external aggressions, maintenance of law and order within the state and
Yogakshama or safeguarding the welfare of the people.
- The king shall protect agriculture from being harassed by fines, taxes and
demands for labor.
- The judges of the rank of dharmasthas were appointed to provide free legal aid in
cases involving the temple, Brahmins, ascetics, women, minors, elderly people,
sick people, orphans, and the poor, as well as expecting mothers and children.
The judge was obligated to deliver justice to such individuals at their residence.
- Allowed remarriage of a woman whose husband was dead, had become an
ascetic, or had left the country.

5. Buddhism:

Gautama Buddha taught to honour parents, brothers, sisters, children, relatives

and other persons in the society. If somebody hurts anybody physically or even
vocally, he may be treated as a person lacking the basic human qualities.
Buddha himself has suggested the people not to accept his words, simply
because they were the Buddha’s words, but only after duly examining them with
reason. Thus he provided freedom of thought and expression, to the people.
 Equality: all people are equal and should be treated with respect.
 Non-violence: Follow ahimsa, or non-violence.
 Rights of women: Women have the same rights as men.
 Education: Everyone should have access to education.
 Right to life: Everyone has the right to life, liberty, and security.
 Freedom from slavery: No one should be held in slavery or servitude.

6. The Mauryan Period:

After Kalinga war Asoka chakravarthi embraced Buddhism and followed Ahimsa.
He wanted to create a welfare state in which there would be no conflict among
the people regarding sect, religion, caste etc. For this purpose, he constructed
many roads. Trees were planted on both sides of the roads. The wells were dug
for the facility of cold water. Hospitals not only for men, but also for the animals
were opened in which the facilities of free medical service were given. In order to
face the danger of drought, flood and other natural calamities, the Mauryan
Government enforced both preventive and relief measures. Necessary
precautions were taken by the state for the protection of public property and
crops against fire.

7. Jainism:

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 One of the oldest religions called Jainism was established by Mahavira
(Vardhamana). He did not believe in castes, creed, rich and poor moreover any
gender discrimination. He suggested us to be truthful and honest. He said that in
every living being there is a spirit so he laid stress on vegetarianism and to avoid
injury to animals. His ideology was equality, self control, spiritual liberation and
non-violence. He stressed upon five principals which are-
- Ahimsa (non-violence)
- Satya (truth)
- Asteya (no stealing)
- Tyag (no property)
- Brahmacharya (virtuous life)
His life had a great impact on community. He advocated about universal
brotherhood of man and human rights. He visualized of a democratic society. He
stressed on the egalitarian society on the basis of non-violence to obtain a state
of equilibrium, social peace and excellence. Jainism had unqualified faith in
human rights.

Medieval India

1. The Bhakti Movement

The Bhakti and Sufi traditions too in their own unique ways popularized the idea
of universal brotherhood. It revived and regenerated the cherished Indian values
of truth, righteousness, justice, and morality. These values were rooted in
religion, humanitarian traditions and the unceasing struggle for freedom and
equality. The saints of these traditions were also preached a casteless, ethical,
anti-ritualistic, monotheistic and highly spiritual religion.

2. The Mughal Empire

The Mughal emperor Akbar, son of Humayun, with his policy of universal
reconciliation and tolerance inaugurated an era of wealthy traditions in state craft
proclamation of Din-i-Ilahi or universal religion, in which he incorporated the best
elements from all religions. His justice and loving traditions was followed by his
son Jahangir.

Modern India

Under the British rule, human rights and democracy were suspect and socialism was
an anathema. In the lndian cultural history, the British colonial period remains the
lndian equivalent of the 'Dark Ages'. Lord Macaulay rejected the ancient lndian legal
political system as 'dotages of brahminical superstition', and condemned ancient
legal heritage. Lord Wellesley condemned the Indians as vulgar, ignorant, rude and
stupid and Lord Cornwallis described as an axiom that every native of Hindustan is
corrupt. The English East lndia Company debarred lndians from high offices an
deprived them of their political, social and economic rights.

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1. 1857 Revolt: Demand for Freedom

Human Rights in the modern sense took shape during the course of British rule.
Resistance to foreign rule was manifested in the form of demand for fundamental
freedoms and civil and political rights for the people of India. The first attempt at a
national revolt against the East India company rule in 1857A.D. failed because the
whole country did not participate in the revolt. The proclamation of Queen Victoria on
1st November 1858 contained some principles of state policy, which were similar to
fundamental rights in nature.

2. Mahatma Jyotiba Phule and Savitribai Phule struggled to ensure that the girls
and the children from lower classes, who were denied Right to Education, go to
Schools established by them. They faced extreme resistance in this journey,
however they never gave up their movement of education. It is due to their efforts
people realised the importance of educating a girl child.

3. Raja Ram Mohan Roy was a vociferous campaigner against Sati. In Sati system,
after the husband dies, the widow voluntarily and sometimes even forcefully
made to die alive on the funeral pyre of her husband. He argued that the Vedas
and other ancient Hindu scriptures did not sanction Sati. He wrote articles in his
journal Sambad Kaumudi advocating its prohibition. He worked with the East
India Company administration to ban this practice.

4. Mahatma Gandhi organised the people of lndia under his leadership and
launched his non-violent struggle to achieve self-government and fundamental
rights for themselves.

5. Lokmanya Tilak advocated that "freedom was the birth right of lndians for which
they will have to fight."

6. The Constitution of lndia Bill 1895 known as the "Home Rule Document"
prepared by the lndian National Congress paved the way for a constitution
guaranteeing every citizens the basic human rights like freedom of expression,
inviolability of one's own house, right to property and equality before law.

7. The Madras Session of the Congress held in the year 1927 – demanded
incorporation of a 'Declaraton of Fundamental Rights' in any future constitutional
framework. A committee under Motilal Nehru was appointed by the National
Congress to study the fundamental rights. It is interesting to note that the
Constitution of the Republic of lndia, enacted in 1950, incorporated ten of the
nineteen rights enumerated in the Motilal Nehru Committee Report, 1928. The
rights emphasised by the Motilal Nehru Committee are as follows:
a. Personal liberty, inviolability of dwelling place and property
b. Freedom of conscience, and of profession and practice of religion

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 c. Expression of opinion and the right to assemble peaceably without arms and
to form associations
d. Free elementary education
e. Equality for all before the law and rights
f. Right to the writ of Habeas Corpus
g. Protection from punishment under ex-post facto laws
h. Non-discrimination against any person on grounds of religion, caste or creed
in the matter of public employment
i. Equality of right in the matter of access to and use of public roads, wells etc.
j. Freedom of combination and association for the maintenance and
implementation of labour and economic factors
k. Right to keep and bear arms
l. Equality of rights to man and woman

The Simon Commission, appointed by the British Government in 1927, however,

totally rejected the demands voiced by the Nehru Committee reports. In 1930 the
Congress Working Committee gave the clarion call for the attainment of 'Purna
Swaraj.'

8. The Karachi Session of the Congress in 1931 adopted a detailed programme of

fundamental rights.

9. The Government of India Act, 1935 was passed without any bill of rights much to
the disappointment of the Indian leaders. It was the 'Sapru Committee' of 1945
that subsequently stressed the need for a written code of fundamental rights and
the Constituent Assembly raised a forceful demand for the inclusion of human
rights in the Constitution.

10. The Indian Constitution was framed by the Constituent Assembly of India, which
met for the first time on December 9, 1946. The Constitution of India gave
primary importance to human rights. To quote Guha, "The demand for a
declaration of fundamental rights arose from four factors:
1) Lack of civil liberty in India during the British rule
2) Deplorable social conditions, particularly affecting the untouchables and women
3) Existence of different religious, linguistic, and ethnic groups encouraged and
exploited by the Britishers.
4) Exploitation of the tenants by the landlords

The Constituent Assembly incorporated in the Constitution of India the substance of

the right; proclaimed and adopted by the General Assembly in the Universal
Declaration of Human Rights. Further on l0th December 1948, when the Constitution
of India was in the making, the General Assembly proclaimed and adopted the
Universal Declaration of human Rights, which surely influenced the framing of India's
Constitution.

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 5. CLASSIFICATION OF HUMAN RIGHTS: FIRST, SECOND AND THIRD
GENERATION

Karel Vasak was a human rights expert who was born in Czechoslovakia and
studied law in France. During his studies in France Czechoslovakia was invaded by
the Soviet Union and that occupation. This caused Karel Vasak to remain in France
and acquire French nationality. He worked in the Council of Europe until he reached
the position of first secretary of the International Institute of Human Rights in France.
He was secretary of the Institute from 1969 to 1980. This experience made him an
expert of human rights.
In 1977 he wrote an article that exposed his idea of the 3 generations of human
rights. This model was based on the “three generations” model. His theory inspired
by the ideals of liberty, equality and fraternity.

1. The First Generation Rights:

 The first generation of human rights is civil and political rights.
 They are the initial form of natural rights. These rights developed during the
English Revolution of the 17th century and the French and American Revolution
of the 18th century. The origin of first-generation human rights comes from the
French Revolution as a rebellion against the domination of the King. It attributes
to the State to continuously respect the essential rights of the human being, such
as the right to life, liberty, equality, among others.
 The key theme underlying these rights is liberty.
 The first generation rights include the right to life, the right to liberty, and the right
to property and have expanded to include non-discrimination, freedom from
arbitrary arrest, freedom of thought and speech, freedom of religion, freedom of
movement, right to be treated with dignity, right to vote, etc.
 These rights are often seen as a manifestation of negative rights since they can
be enjoyed only when there is a restriction upon others. The State is required by
Law to restrain from abrogating the rights conferred on the citizens.
 The key documents to understand the content of the first generation of human
rights are Article 3 to Article 21 of the Universal Declaration of Human Rights and
the International Covenant of Civil and Political Rights of 1966 which came into
force in 1976.

2. The second generation human rights:

 includes economic, social and cultural rights.
 In the twentieth century, especially post World War II, second-generation rights began to
earn a greater prominence. The economy of countries was torn by war and there was
massive destruction as a result of the world wars. Therefore, the effort for economic,
social and cultural rights developed during the twentieth century.
 The rights rely on socialist assumptions and the underlying theme is equality which is in
contrast to first-generation rights and the notion of liberty. The second-generation rights

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 include the right to work, the right to health care, the right to education, the right to social
security etc.
 Therefore, these rights are seen as a manifestation of positive rights as they place a
claim on the state and a duty to oblige for action, for example, welfare provisions.
 The key documents to understand the content of second-generation rights are Article 22
to Article 27 of the Universal Declaration of Human Rights and the International
Covenant of Economic, Social and Cultural Rights of 1966.

3. The third generation of human rights:

 They emerged post 1945.
 These rights are concerned with social groups and society on the whole
rather than an individual. These rights are essential for people at the collective
level, for the benefit of the population, Society, community and nations.
 They are therefore seen as collective rights/ solidarity rights. Their objectives
are to promote solidarity between the peoples and citizens of the planet. As well
as the promotion of serene and profitable relationships that allow us to face the
new challenges to which Humanity is challenged.
 The underlying theme of the third-generation rights is fraternity. Usually, these
rights are shaped by the difficulties faced by the countries of the Global South.
 These rights include the right to development, the right to environmental
protection, right to breathe unpolluted air, the right to self-determination, the right
to peace, right to live in a cohesive and harmonious society, right to economic
development, right to benefit from world trade, etc.
 It is a response to global interdependence. No Nation can function in isolation,
they must work in cooperation to achieve progress. Individual states cannot
resolve problems in isolation from the international community.
 The Stockholm Convention of Human Environment of 1972 and the Earth Summit
of 1992 at Rio can be analysed to understand these rights.

Criticism:
1. Some countries, ideologies and like-minded people who focus their gaze on
collective human rights, ignoring the human being himself. By collectivizing
human rights, they cease to be “human” to be ambiguous entities. Human rights
are individual, not collective, and must be upheld for every man and woman.
2. Authoritarian regimes suppress freedom based on collective rights. As a result,
first-generation rights are abolished, for the “benefit” of second and third-
generation rights. That is why many critics of Karel Vasak deny the classification
because they give primacy to one or the other.
3. Those who wish to suppress freedom aspire to put all human rights on the same
level… But we are not really human if we are not free to exercise our humanity.

Conclusion:
These rights have been the result of the struggle that human beings have
undertaken for centuries. Today there are legislations to cover all human rights. It

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should be noted that in many countries they are respected. While in others rights
violations are committed daily. There is still a long way to go, and especially in the
fulfilment of these rights as such. Now, it remains from our spaces to ensure that
fundamental human rights are fulfilled. Taking into account that a real change will
occur from small actions, which together will form a better future for humanity.

6. UNIVERSAL DECLARATION OF HUMAN RIGHTS

The United Nations Organisation was established on 24th October 1945, and it gave
a Charter wherein objectives of this organisation were laid down. One of the
objectives was to reaffirm fundamental human rights and equal rights to men and
women, nations small and big. However, what human rights will the UNO safeguard
were not defined! Moreover, when the human rights are undefined, the meaning
becomes vague. There was no single right, which an individual can claim in case of
violation. Therefore, there was a need of a document that could outline what are
Human Rights for the all nations.
The credit of initiating the drafting of International Bill of Human Rights goes to the
representative of the Country Panama. He submitted a draft declaration of Human
Rights and Freedoms to the General Assembly of UNO, at its first session in 1946.
The General Assembly referred the draft to two committees, they gave certain
recommendations. Based on recommendations, the General Assembly referred the
matter to the Commission of Human Rights. This Commission was responsible to
prepare an International Bill of Human Rights. A drafting committee was formed for
this purpose.
The General Assembly adopted UDHR on 10th December 1948. Today, this day is
celebrated as the International Human Rights Day.
Features of UDHR:
- This document is neither binding on the member States nor it provides for its
enforcement.
- It has set a standard that ‘every individual and nation must promote respect for
these rights and freedoms, they must take progressive measures to secure
universal recognition and observance for people of Member States.
- This Declaration was adopted without a single dissent (negative Vote). It received
support of 48 member States present and voting, while 8 members abstained
from voting.
- Though it is non-binding in nature, it has now become a customary law – due to
continuous use and recognition of its contents like:
i. It has be repeatedly invoked by the United Nations Organisation and other
International Organisations,
ii. Used in Exchanges/ dealings between the Governments
iii. Is incorporated in treaties and the Constitution

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 iv. The National as well as International Tribunals apply the rights mentioned
in UDHR.
- It consists of a Preamble and 30 articles.
i. Article 1 and 2 are philosophical in nature, they defined how a human being
is born and what is he entitled to.
ii. Articles 3 to 21 deal with Civil and Political Rights.
iii. Articles 22 to 27 deal with Economic, Social and Cultural rights.
iv. Articles 28, 29 and 30 deal with important miscellaneous provisions.

Read Articles of UDHR: https://www.un.org/en/about-us/universal-declaration-of-

human-rights
Criticism of UDHR:
1. It is impossible to create Universal Rights that transcends different cultures
across the Countries.
2. This Declaration was criticised by the Islamic Countries like Pakistan, Sudan,
Saudi Arabia, Iran. A Muslim Country is regulated by the religious norms set forth
in the Sharia Law. Here, everyone is subordinate to the Sharia Law. It conflicts
with the Islamic Culture – wherein woman hold subordinate position (not equal as
men), people from other minority religion have inferior status. Unlike Right to
religion guaranteed under the UDHR, Islamic countries criminalises conversion.
In 2000, the Organisation of Islamic Countries passed ‘Cairo Declaration of
Human Rights’ – an alternative to UDHR in accordance with the Sharia Law.
3. Gender Activists claim that extra rights must be added in the UDHR to address
the issues of Women safety and empowerment.
4. The Declaration depends on the will of the Public, it is their discretion whether
they want to follow or not.
5. There is no hierarchy of rights given, there is no clarity as to which rights are non-
derogable, (the one without which the other human rights become meaningless.)
Liberal Western Countries support the rights that protect life, security and civil
liberties. While Socialist Countries, support rights that ensure Economic and
Social Development of people, which helps them raise their standard of living.
6. There is no acknowledgement in the UDHR regarding the changing needs of the
World and new issues of Women, LGBTQ Community, child safety and rights,
Cyber-crimes, War crimes that are affecting people largely.

Conclusion: The Universal Declaration of Human Rights is generally agreed to be

the foundation of international human rights law. Adopted in 1948, the UDHR has
inspired a rich body of legally binding international human rights treaties. It continues
to be an inspiration to us all whether in addressing injustices, in times of conflicts, in
societies suffering repression, and in our efforts towards achieving universal
enjoyment of human rights.

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