Human Rights : An Essay

To live life with respect and dignity, each individual needs certain rights. These rights can be called by different names, as basic rights, rights of man, fundamental rights and so on; but in a broader perspective in the world, these rights are known as human rights. Thus, human rights are those rights which belong to humans by virtue of their being human beings. As these rights are concerned with their existence, they become operative with the birth of a human, whichever part of the world he may reside. Thus, human rights are the birth rights and are inherent in all human beings irrespective of their castes, sex, creed, religion, nationality, region and so on. These rights are essential as they are consonant with their freedom and dignity and are conducive to physical, moral, social and spiritual welfare. They are necessary because they create an environment in which people can develop their full potential and lead a productive and creative life in accordance with their needs and provide suitable conditions for the material and moral uplift of the people. In view of these characteristics, these rights are also known as inherent rights, natural rights and birth rights.

Despite wider acceptance that every human being has human rights, it is difficult to define them precisely. In general, we can take 'human rights' as a generic term which embraces civil rights, civil liberties and social, economic and cultural rights. In simple term, we can say that the rights that all people have by virtue of their being humans are human rights. They cannot be deprived of these rights because human dignity is intimately linked to them. Justice J.S. Verma has rightly observed that 'human dignity is the quintessence of human rights'.

Human rights are essential for all-round development of the personality of a human being in the society. They provide meaning and substance to human life. Keeping such great importance of human rights in the mind, it is necessary that they must be protected by the government.

Broadly, human rights are divided into two kinds : (1) civil and political rights, and (2) economic, social and cultural rights. These are very broad terms, and we should understand them.

By civil rights we understand those rights which help a human being have personal liberty and security, such as right to privacy, home and communication; right to own property; freedom from torture; protection against inhuman and degrading treatment; freedom of thought, conscience and religion; and freedom of movement from one place to another.

By political rights we mean the right of a human being to participate in the political process, like voting  in and contesting election for forming the government. Under these rights, a human being runs the government through the representatives he chooses by the right to franchise.

The nature of civil and political rights may seem to be different, but they aim at similar outcomes, so they are treated as one group because civil rights are obtained by the political process, while a political process can be realized only when civil rights are understood.

The human rights of the second group, known as economic, social and cultural rights, are related to the guarantee of minimum necessities of life to human beings. In the absence of these rights, the very existence of human beings is likely to be endangered. This group is inherent in rights like right to adequate food, clothing, shelter and standard of living; freedom from hunger; right to work; right to social security; right to physical and mental health; and right to education. As these rights need positive action from the governments, they are also called positive rights. These rights are basically based on the concept of social equality. They are very important to realize equality in the world, but they are slow in coming. A large portion of the world population is deprived of these rights.

At the international level, a number of covenants have been approved for human rights, the most famous of them being the Universal Declaration of Human Rights. President Truman of the United States stated about human rights thus : "We have good reason to expect the framing of the International Bill of Rights, acceptable to all the nations involved. The Charter is dedicated to the achievements and observance of human rights and fundamental freedoms. Unless we can attain these objectives for all men and women everywhere without regard to race, language or religion, we cannot have permanent peace and security."

Adopted on 10 December, 1948 by the United Nations, the Universal Declaration of Human Rights incorporates human rights divided into two categories, that we have studied above. These are (1) civil and political rights, which comprise 21 rights, and (2) economic and social rights, which comprise 7 rights. This declaration of human rights by the United Nations is one of its major achievements, as it has recognised the inherent dignity and equal and inalienable rights of all people in all nations.

So far as India is concerned, the rights mentioned in the Universal Declaration of Human Rights cannot be claimed as of right; the Government of India is not legally bound to abide by these human rights. However, our Constitution framers were well aware of the Universal Declaration, so they incorporated a majority of them in the Constitution of India.

The Constitution of India was brought into effect on 26 January, 1950, and the provisions of Fundamental Rights in it are greatly influenced by the Universal Declaration of Human Rights. The following human rights, as given in the Universal Declaration of Human Rights, have found expression under the Fundamental Rights in India :

·         Equality before the law.

·         Prohibition of discrimination.

·         Equality of opportunity.

·         Freedom of speech and expression.

·         Freedom of peaceful assembly.

·         Right to form associations or unions.

·         Freedom of movement within the territory.

·         Protection in respect of conviction for offences.

·         Protection of life and personal liberty.

·         Protection from slavery and forced labour.

·         Freedom of conscience and religion.

·         Remedy for enforcement of rights.