History & Development of Human Rights in India

INTRODUCTION

The idea of right began the beginning of the civilization on this earth. The
individual so as to live mirthfully, wants the rights to swish his/her life. From
the start of human history, the man struggled for his existence against nature
and for liberty and freedom though these struggles for achieving basic freedom.
This struggle paved the thanks for the idea of human rights. The most
distinctive feature of human rights is that it's difficult to outline however not
possible to ignore. Human rights denote all those rights that are inherent in our
nature and while not that humans can’t live. These rights are indispensable for
the human dignity that they can relish from birth to death.

MEANING

Human rights are ordinarily comprehended as "inalienable basic rights to which

an individual is naturally entitled simple on the grounds that she or he is a
human being”. Human rights in the expressions of A.A. stated, " are
worried about the poise of the individual, the degree of confidence that makes
sure about close to home character and advance human network". As indicated
by Scott Davidson, "The idea of human rights is firmly associated with the
insurance of people from the activity of State, Government or authority in
certain aspect of their lives, it is additionally coordinated towards making of
cultural condition by the state in which individual are to build up their fullest
potential”. Thus, from the above referred to definitions, it has been seen that
human rights are the fundamental part for the each human so as to live his/her
life to the fullest.

The Indian Perspective on Human Rights Human

Rights in Ancient Times

The concept of human right isn't from the western locale. It is the crystallization

of the values which are common for all mankind. The Joined
together Announcement of Human Rights (1948) did not come from the left
suddenly but it’s a point of reference on the way on which the concept of human
right is as of now voyaging for centuries. In reality, the dialect of human right is
the item of European nations but the concept of human rights is as old as the
Indian culture. The people communicated their concern towards human rights
and crucial freedom for all since the Vedic age.
In antiquated India, the follow of the concept of human rights can
be cleared back from the Vedas period of the fifteen century B.C. There are
wide run of stories, professions found which appeared the way to the concept of
human rights. In Vedas, human right is implied with the concept
of correspondence. The Constitution of equality of all as characterized within
the Vedas within the taking after words-No one is prevalent second rate all
should endeavour for the interest of all and ought to advance collectively.
Kautilya flawlessly entirety up the concept of the welfare state by saying that
the happiness of the state lies within the bliss of his subjects. Under the period,
the respectful and legitimate rights first formulated by Manu but too included a
number of financial rights. From the truth and stories, it is genuinely revealed
that the society beneath the Vedic period was well invigorated and organized
and committed towards human right. In fact, the significance of human rights
was well-bolstered by Jainism, Buddhism, and other minority religious
groups. No talk of human rights and their roots within the antiquated period
is cleared out without giving the reference of Ashoka. Ashoka inscribes, “All
men are my children and fair want for my children that they
may appreciate every kind of success and bliss within this world and within
the another, as too as I want the same for all men”. In fact, the ruler Ashoka
worked day and night for the assurance of human rights. It’s sad that the decline
of human rights was seen with the decay of the Mauryan Empire.

Human Rights in Medieval Times

As medieval period signifies the Muslim era in India. In the pre-Mughal period
the series of social, cultural, political and devout rights existed but with
the approach of Mughal, the Hindus were stressed badly. The concept of human
rights got misplaced within the dull. But with the passage of Akbar’s (1526-
1605) period, once again extraordinary respect given to the social, devout, and
political rights. In his devout approach, Din-E-Ilahi (divine religion),
he attempted to lecture the thought of secularism
and devout resistance. Additionally, Different religious movements like Bhakti
(Hindu) and Sufi (Islamic) made a surprising commitment to
the development of human rights which at times smothered by the other
Mughal Domains like Aurangzeb, Babar, Humayun, etc.

Human Rights in Modern India

This period begins with the approach of the British realm. The method of

Indian organization begun by the Britishers with the presentation of
the Regulating Act of 1773. Under it, Indians were suppressed by the Britishers
completely in setting to social, conservative, political & devout rights in all
the circle of life. They were told that they did not merit any
rights. Essential rights such as rights to life & job, right to flexibility, right to
expression, right to uniformity, right to lecture, etc were denied to them. In such
an air, the Indian pioneers & people feel that their rights had
been misplaced within the hands of the colonial run the show, so they thought
of diverting back to fight for their rights. Maybe the
primary express request for essentials rights appeared within the Structure of
India Charge 1895. The Charge guaranteed each Indian the proper to
expression, right to uniformity sometime recently law, right to property, right
to individual freedom, right to instruction, etc.
An arrangement of determination was passed between 1917 & 1919
for requesting gracious rights & correspondence. Another
major advancement was drafted by “Mrs. Besant ‘s Common riches of 1925.”
The Charge contained a list of seven essential rights –
 Liberty of person
 Freedom of conscience & free profession & practice of religion.
 Free expression of opinion.
 Free elementary education.
 Use of roads, public places, courts of justice & the like.
 Equality before the Law, irrespective of consideration of nationality.
 Equality of the sexes.

Human Rights in the Indian Constitution can be found in the Preamble of the
Constitution of India. In addition to it, Part III- related to fundamental
rights, Part IV-Directive Principles which together form the core of the
Constitution.

The Indian stand on human rights is quite different from other countries, as
India is signatories to many international treaties that work on human rights
protection and development, on the contrary a developed nation like U.S.A,
hasn’t ratified many of the International Human Rights Laws in various aspects
such as –
Following are the International Treaties that India has ratified for Human Rights
protection but the USA hasn’t.

 International Covenant on Economic, Social and Cultural

Rights (1966) Part of the International Bill of Human Rights, this is the
only covenant that requires governments to promote and protect such
rights as health, education, social protection, and an adequate standard of
living for all people. The ICESCR has been ratified by more than 150
 countries. President Carter signed the Covenant in 1977, but the United
States has yet to ratify it.

 Convention on the Elimination of All Forms of Discrimination

against Women (1979) The most comprehensive and detailed
international agreement that seeks the advancement of women, CEDAW
has been ratified by 185 countries. Although President Carter signed
CEDAW in 1980, today the United States is the only industrialized
country that has not ratified the treaty.

 Convention on the Rights of the Child  (1989) Protecting children from

physical and mental abuse and hazardous work, and giving children the
right to free primary education, the CRC has been ratified by 193
countries, making it one of the most widely adopted conventions.
President Clinton signed the CRC in 1995 but the United States has yet to
ratify it, one of only two countries in the world not to do so.

 International Convention on the Protection of the Rights of All

Migrant Workers and Members of their Families (1990) The Migrant
Workers Convention protects migrant workers and their families from
abuse and inhumane treatment in the countries where they work. No
industrialized, migrant-receiving country, including the United States, has
signed this treaty.

 Convention on the Rights of Persons with Disabilities (2006) The

CRPD is the first global convention that specifically addresses the human
rights of persons with disabilities. President Obama signed the treaty in
2009, but the United States has yet to ratify it.

 International Convention for the Protection of All Persons from

Enforced Disappearance  (2006) This Convention affirms that enforced
disappearances constitute a crime against humanity when practiced in a
widespread or systematic manner. The United States has not yet signed
this treaty.

SOME LANDMARK JUDGEMNETS

In Maneka Gandhi v. Union of India, the Supreme Court gave a new dimension
to Art. 21 and held that the right to live the right to live is not merely a physical
right but includes within its ambit the right to live with human dignity.
Elaborating the same view, the Court in Francis Coralie v. Union Territory of
Delhi, observed that: The right to live includes the right to live with human
dignity and all that goes along with it, viz., the bare necessities of life such as
adequate nutrition, clothing and shelter over the head and facilities for reading
writing and expressing oneself in diverse forms, freely moving about and
mixing and mingling with fellow human beings and must include the right to
basic necessities the basic necessities of life and also the right to carry on
functions and activities as constitute the bare minimum expression of human
self.

In Romesh Thapar v/s State of Madras, Patanjali Shastri,CJ, observed that

Freedom of speech & of the press lay at the foundation of all democratic
organization, for without free political discussion no public education, so
essential for the proper functioning of the process of popular government, is
possible. In this case, entry and circulation of the English journal Cross Road,
printed and published in Bombay, was banned by the Government of Madras.
The same was held to be violative of the freedom of speech and expression, as
without liberty of circulation, publication would be of little value.

In Indian Express Newspapers v/s Union of India, it has been held that the
press plays a very significant role in the democratic machinery. The courts have
duty to uphold the freedom of press and invalidate all laws and administrative
actions that abridge that freedom. Freedom of press has three essential elements.
They are:

1. Freedom of access to all sources of information,

2. Freedom of publication, and
3. Freedom of circulation.

Naz Foundation v. Govt of NCT of Delhi:- The Delhi High Court declared

Section 377 of IPC, which criminalizes Homosexuality in India, as
unconstitutional and violative of fundamental rights guaranteed under Article
14, 15 and 21 of the Constitution. Later on in Suresh Kumar Kaushal & Anr. V.
NAZ Foundation & Others, the Supreme Court of India struck down the
decision of Delhi High Court and held the Section 377 of IPC does not suffer
from any constitutional infirmity and has left on the legislature to deal with the
legality of the Section.

Legislation that require more amendments

There are certain area in our legislations which further needs some introspection
as they become loopholes or area where the Indian law or NHRC’s efforts are
worthless. Universal Periodic Review (UPR) of UN pertained to restrictions
presently placed against civil society, freedom of association, media freedoms,
and ratification of the UN Convention against Torture, India has no plans on
these advices. India’s carefreeness on human rights or democratic behavioural
norms are distressing UN, if un-noticed the concern about India will be
overtaken by concerns elsewhere Yemen, Syria, Myanmar. It is 20 years since it
signed the Convention against Torture but has not found the time to ratify it. It
has not reported to the UN Human Rights Committee, a requirement under the
UN Civil and Political Rights Convention since 1997, where the reporting cycle
is four years. India signed the Convention for the Protection of all persons from
Enforced Disappearance 10 years ago, it is yet to ratify it by passing a domestic
law. India last reported to the Committee on the Elimination of all forms of
Racial Discrimination 10 years ago. Supreme Court of India follows normal
procedure on the hearing on the government’s intention to deport Rohingya
refugees. UN high commission also commented on the climate of fear amongst
not only the minorities but among large numbers of citizen of India. Though
Constitution of India has enumerated various rights but there are large number
of people who are not even aware of these rights guaranteed by the Constitution
due to their vulnerable conditions and struggle of every day survival. These are
the people who are mostly victims of human rights violation but they cannot
think to approach court as they are more worried about their daily wages instead
of protecting their basic human rights. ii. Though Constitution enshrined duties
of the State under Part IV i.e. Directive Principles of State Policy to enacts laws
and to work for the welfare of the people of India in various spheres whereas
these directive principles are not enforceable in the Courts and one cannot
approach court if the Government does not enforce these principles.

Role of NGOs

Besides the government there are non-government entities which play an

important role in protection of human rights. NGOs are playing remarkable role
in the society. These organizations pickups the government’s deficits in service
and help in protecting rights of the people. NGOs are non-profit making
organisations ranging from small groups to international organizations having
branches all over the world. NGO is independent organization of state and
managed by group of private individuals and they draw strength from the people
who offer voluntary support to their causes. NGOs raise awareness among
people about their rights by imparting education and uplifting them. NGOs have
key role to play in planning, monitoring and evaluation of the process of the
protection of human rights. B.R.P. Bhasker points out that “in the field of
human rights, the role of NGO is particularly important as Government or their
agencies often become violators of the very rights they are committed to protect
and promote vast sections of the people who are illiterate and ill- informed, and
that makes it easy for rights violators to act with impunity. Against this
background human rights education assumes importance and this task is
primarily performed by NGOs”.

CONCLUSION

Human rights are fundamental crucial rights which

are fundamentally portion for the development of human being within
the nonattendance of which individual cannot live life with dignity. Constitution
of India ensures the elemental rights or human rights of the people, provisions
for the same have been made not as it were within the Articles of the
Constitution but in truth Prelude moreover talks around the
basic flexibilities and protection of the respect of the person. The
Indian Legal had indeed loose the rule of locus standi for the security of human
rights which clear the way for the development of the concept
of Open Intrigued Case.
Through open interest litigation different episodes of infringement of human
rights had been put some time recently the Courts. Courts ensured the rights
of ladies, laborers, children, detainees and so on. Thus judiciary is playing
a part of saviour of the human rights of the individuals so that each individual
can live with dignity.