Introduction:

Human rights are as old as human civilization; but their use and relevance
have been well defined during the recent years. It has gathered more
importance in the post-second-world war period, particularly after the United
Nations Declaration of Human Rights (UNDHR) in 1948.
Meaning:
There is no precise definition of Human Rights. The Oxford Power Dictionary
(1993) defines human rights as the basic freedom that all people should
have. The human rights basically emerge out of human needs and
capabilities. In a simple language, human rights are meant for human beings
to satisfy their basic needs.
In a broader sense, the human rights are those rights to which every man
and woman inhabiting any part of the world should be deemed entitled by
virtue of having been born a human being (Kashyap). In other words, human
rights are those rights which are essential for a dignified and a decent human
living as well as human existence and adequate development of human
personality.
Human rights are held by all human beings and human rights exist as long as
human beings exist. Both are inalienable and cannot be separated. Precisely,
human rights imply availability of Such conditions which are essential for the
fullest development and realization of the innate characteristics which nature
has bestowed him/her with, as a human being. They are essential to ensure
the dignity of every person as a human being.

Man is gregarious and he loves staying together. Every human being, as a

social being, lives in a group in the society. As an individual, he has a right to
life and right to a decent living. As a social being, and an inseparable part of
the society/community, he too has other rights, like: right to freedom of
speech, expression, thought, belief and faith and right to move freely. Thus,
human rights are essential for the development of the human personality in
society, where he lives.
Types of Human Rights:
Human rights in general, may be of two types:
(a) Rights which are essential for the dignified and decent human existence,
and
(b) Rights which are essential for adequate development of human
personality.
Rights under the first category include right to fulfillment of basic human
needs like food, shelter, clothing, health and sanitation, earning ones livehood and the like.
The second category of human rights comprises of right to freedom of speech
and expression, cultural and educational rights.
Characteristics of Human Rights:
Human rights possess the following characteristics:
1. Inalienability:

Both human beings and human rights are inalienable and inseparable. One
can not stay without the other.
2. Comprehensiveness:
Human rights are comprehensive. They include socio-economic, civil, political
and cultural rights which are relevant for a decent human living.
3. Universality:
Human rights are universally applicable to one and all. These are meant for all
individuals of all nations, without there being any discrimination on grounds of
caste, class, colour, sex, creed, language and religion.
4. Justice ability:
These rights are also justiciable.
5. Non-absoluteness:
These rights are not absolute and there can be restriction imposed on these.
Development of the Concept Human Rights:
The concept of human rights was further strengthened with the emergence of
Magna Carta (1215) and Bill of Rights (England) 1689, following the glorious
Revolution of 1688. Unlike Thomas Hobbes (1588-1679) and John Locke
(1632-1704) talked of partial surrender of a few natural rights; Rights like right
to life, liberty and property were never to be given up as those were
inalienable rights. The basic concept of Lockes theory of natural rights was

that the citizens have always a legitimate right to overthrow a Government if it

failed to protect the citizens rights.
Almost a century there after came the American Declaration of Independence
(1776) which affirmed that all men are created equal and that they are
assured of several inalienable rights like right to life, liberty and the pursuit of
happiness.
Nearly a decade later, in 1789, came the famous French Declaration of
Rights of men and citizens as an outcome of the French Revolution, the same
year. It proclaimed in all clear terms that men are born free and they remain
free and equal in the enjoyment of rights of liberty, property, Security and
resistance to oppression.
THE UN and Human Rights:
Art. 55 of the united Nations Charter (1945) provides that the world body shall
promote universal respect for and observance of human rights and
fundamental freedom for all. In pursuance of the UNS Charter, which
provided for setting up of a Commission for promotion of human rights, a
Commission, headed by Mrs. Eleanor Roosvelt was constituted in 1946.
The Commission worked hard and finally presented before the U.Ns General
Assembly the draft declaration of human rights in September, 1948. After
several modifications in the draft, the Universal Declaration of Human Rights
(UDHR) was finally adopted unanimously on 10 December, 1948 by 48
member-states (with the abstention of eight states including the then Soviet
block nations. South Africa and Saudi Arabia).

Thus 10th day of December every year is being ceremoniously observed as

the Universal Declaration of Human Rights Day, all over the world. The
Universal Declaration of Human Rights which has been described as the
Magnacarta of mankind, runs into 30 Articles and it ensures every citizen of
the world social security and a decent standard of living.
In totality, the Declaration represents various cultural, traditional and
religious values which are stated below:
(1) Respect for human rights and dignity, tolerance, importance of the criteria
applicable to individual and group relations in social life.
(2) Observance and safeguarding of these criteria including contractual
obligations and so on. (Final Report of the Round Table Meeting on Human
Rights-reproduced in the UNESCO-Teaching of Human Rights-Vol. IV, 1985,
P-76)
Thus, U.Ns Declaration of Human Rights has ensured human rights and
fundamental freedom for all without distinction of race, colour, religion and
sex.
The UNDHR is based on the following four promises:
1. Individual is the bearer of rights
2. The State acts as the promoter and protector of rights
3. The rights include civil, political, economic, social and cultural aspects of all
human beings

4. The rights are universal.

In 1966, the U.N adopted two other instruments as supplements to the U.Ns
Human Rights Declaration of 1948. One is known as the International
Covenant on Economic, Social and Cultural Rights (ICESCR) and the other
one is known as the International Covenant on Civil and Political Rights
(ICCPR). More than two-third member-states of the UN have already ratified
these two covenants.
There is also a third one the Optional Protocol to the International Covenants
on Civil and Political Rights on the basis of which an aggrieved person is
entitled to enjoy the right to appeal. Thus, the UNDHR (i) accompanied by two
other covenants and the protocol as described is the International Bill of
Rights.
The highlights of the objectives of the UNDHR have been stated in the
opening line of the Declaration which reads as follows:
Recognition of the equal and inalienable rights of all members of the human
family is the foundation of freedom, justice and peace all over the world. In
brief, every individual has been ensured of a dignified living free from
brutality.
A few other documents have also supplemented the UNDHR and those
are:
(1) International convention on prevention of Punishment on crimes of
Genocide (1948),

(2) Supplementary convention on abolition of slavery, Slave trade, institutes

and practices (1956),
(3) Convention on Political Rights for women (1952),
(4) UNESCO convention against discrimination in Education,
(5) International convention on elimination of the forms of Discrimination
(1965) and
(6) Convention on suppression and punishment of Crimes of the apartheid
(1973).
Two Broad Categories of Human Rights Existing Under UNDHR:
The Universal Declaration of Human Rights has guaranteed two broad
categories of rights such as: (1) Civil and Political Rights (2) Socioeconomic and Cultural Rights.
The details are given below:
1. Civil and Political Rights include the following:
(i) Right to life, liberty and security of persons
(ii) Right to freedom from slavery and servitude
(iii) Right to freedom from inhuman torture or punishment

(iv) Right, without decimation, to Equality of Persons before law, equal

protection of law, right to judicial remedies, and right to freedom from arbitrary
arrest, detention or exile.
(v) Right to fair trial
(vi) Right to freedom of thought, expression, belief, faith, conscience and
religion
(vii) Right to freedom of speech and expression and peaceful assembly
(viii) Right to take in Government affairs, and equal access to Public Service,
right to vote
(ix) Right to freedom of movement and right of asylum
(x) Right to Nationality
2. Socio-economic and Cultural Rights cover the following:
(i) Right to work, equal pay for equal work and right to form trade unions.
(ii) Right to social security during old age, sickness, widowhood and
unemployment.
(iii) Right to marry and have family and right to property.
(iv) Right to preserve and propagate ones culture.
(v) Right to food, health and adequate standard of living.
(vi) Right to rest and leisure.

(vii) Right to participate in cultural life.

The Vienna Conference of 1993:
An International Conference on Human Rights was held in Vienna in June,
1993 to deal with new emerging issue like, (a) Universality of human rights
and (b) Application of non-selective standard.
An extract from the document agreed upon in the Vienna Conference is
given below for reference:
All human beings are universal, indivisible, interdependent and interrelated.
The International Community must treat human rights globally in a fair and
equal manner on the same footing and with the same emphasis.
While significance of national and regional particularities and various
historical, cultural and religious backgrounds must be borne in mind, it is the
duty of the State regardless of their political, economic and cultural system to
promote and protect all human rights and fundamental freedoms.
Often the human rights activists ask a question can infringement on
Sovereignty of a nation-State be permissible for protection of and safeguard
against human rights violation. The answer is always in the positive and the
supporting argument is that the treatment of a State towards her citizens is no
more private and it is the just and rational concern of the International
Community as a whole to ensure every citizens protection of and safeguard
against human rights.
Human Rights in Indian Context:

From the ancient days India has been committed to the ideals and doctrine of
human rights. In conformity with the UDHR, the Constitution of India, in Part
III, provides for sue types of Fundamental Rights ensuring equality, justice and
freedom to all citizens of India.
The Part IV captioned Directive Principles of State Policy also ensure Socioeconomic justice and rights. Indias fight for freedom from the clutches of the
British rulers was also viewed as a struggle for human rights.
Our six fundamental rights comprise both individual rights and social rights but
emphasis has been put on individuals right to equality of opportunity for all
including those belonging to the weaker and disadvantaged section of the
Society in the nature of Protective discrimination.
Articles 14, 15, 16, 17, 29, 38, 46, 330, 332, 334 and 335 dealing elaborately
with protective discrimination ensure an egalitarian social order. Abolition of
untouchability has been given a constitutional sanctity under Art 17 of the
Constitution and its practice in any form has been declared as a public
offence.
Art 15(4), Art 16(4) and Art 335 deal with reservation of seats for admission
into educational institutions and reservation of posts for appointment to
different services for the S.Cs and S.Ts as a mechanism to ensure and secure
social economic justice. Seats in the Union and States Legislatures have been
kept reserved for the S.Cs and STs. In the State of Orissa, 30% of seats have
been kept reserved for women in the rural and urban local bodies.
Safeguards against Violation of Human Rights in India:

The scope of violation of human rights is not uniform and consistent. It varies
from one country to another and time to time. The cases of violation of human
rights in India are exhaustive plenty as well as repetitive. It has taken several
forms, such as: murder, rape, prostitution, child and bonded labour, riotvictimisation, sexual harassment, domestic violence, Custodial violence,
Political violence, terrorist attack, communal violence leading to loss of lives
and property unemployment, poverty, illiteracy, ethinic hatred, genocide, group
and caste rivalry, starvation death, caste and social discrimination, gender
discrimination, exploitation of workers and excessive state action.
But here the two relevant questions arose:
(a) How to protect human rights from violation? and
(b) Through what mechanism. Can the human rights in India be safeguarded?
Since 1980s there has evolved a novel type of mechanism for the protection
of human rights of the poor, distressed, exploited and the disadvantaged
groups of people. This is popularly known as Public Interest Litigation (PIL) or
Social Action Litigation (SAL) or Social Interest Litigation (SIL).
The Supreme Court of India has not only recognised but also entertained such
litigations, enabling the public spirted citizens and the Social activists to fight
for protection and enforcement of human rights of the poor and the socially
and economically disadvantaged people who have no access to move the
Court on their own.

The Supreme Court of India with liberal interpretation and through the literal
use of the P.I.L. mechanism, has sought to protect human rights in the
following manners; such as:
1. By widening the horizon of human rights:
The scope of right to equality and the right to life and personal liberty have
caused wider areas like right to speedy trial, free legal aid, right to live with
dignity, right to earn livelihood, right to education, housing, medical care, clean
environment, right against fortune, sexual harassment, solitary confinement,
bondage, servitude exploitation and the like.
2. By democratizing access to justice through P.I.L. petition filed by Public
Spirited Citizens, and Social activists on behalf of the poor, disadvantaged
and weaker sections of the community.
3. By providing interim relief to the victims and aggrieved persons through
payment of compensation or through compensatory reliefs
4. By judicial-monitoring of State-run Institutions like Jails, Reformatory
homes, juvenile homes, mental asylums, Police Station and the like.
5. By advising new techniques of fact-finding:
In several cases of violation of human rights, the Supreme Court has
appointed Commissions of Inquiry or has deputed officers for investigation
and fact-finding. By exercising this new type of Investigative litigation, the
Supreme Court and the High Courts have sought the assistance of institutions

like NHRC, CBI and such other expert bodies and N.G.Os to investigate into
the violation of Human Rights.
National Human Rights Commission (NHRC) in India:
In pursuance of the protection of the Human Rights Act, 1993, Indias first
National Human Rights Commission was constituted on 29 September 1993,
with Honble Shri Ranganath Misra, the Ex. Chief Justice of India as its first
Chairperson.
The NHRC shall consist of one Chairperson and such other Members who
shall be appointed by the President of India. Former Chief Justice Honbe Shri
A.S. Ananda is leading the NHRC at present. The Chairperson must be a
former Chief Justice of the Supreme Court of India.
It has five members, of whom one must be a judge of the Supreme Court,
another must be a Chief Justice of a State High Court, and two others must be
chosen from among persons having knowledge of or practical experience in
matters relating to Human Rights. The Chairperson and other members of the
Commission shall hold office for a period of five years or till they attain the age
of 70 years, whichever is earlier.
The Commission enjoys autonomy from the method of appointment of its
members, their fixity of tenure and other statutory guarantees so assured to
them. The Commission also enjoys financial autonomy.
The President appoints the Chairperson and other members of the
commission on the recommendation of a multi- member body comprising the
Chief Justice of India, the Prime Minister, Home Minister, the speaker of the

Lok Sabha, Leader of the Opposition in the Lok Sabha and Rajya Sabha, the
Deputy Chairman of Rajya Sabha.
The Chairperson and the members of the Commission are removed from
office by the President on the grounds of proved misbehaviour and in capacity
on an inquiry conducted by the Supreme Court. The NHRC has also several
ex-officio members like the Chairpersons of the National Commission for SCs
and STs, chairperson of the National Commission for Women and the
Chairperson of the National Commission for Minorities whose services are
also effectively utilized in the common interest.
The Commission has its own investigating staff to investigate into complaints
of human rights violation. It can also make use of the services of any officer of
investigating agency of the Central or State Government. The Orissa State
Human Rights Commission has been recently constituted under the
chairmanship of justice Shri D.P. Mahapatra. A retired State Chief Secretary
Sr. SM Patnaik has been taken as one of its members.