HUMAN RIGHTS: A BRIEF INTRODUCTION

Image Source: skilledup.com

“All should live together in harmony, supporting one another, like the spokes of the wheel”.

— Atharva Veda

“There are things we never want to let go. But keep in mind that letting go isn`t the end of the world, it’s the beginning of a new life!”

       — His Holiness Sri Sri Ravi Shankar.

Change is reality, life is a series of natural changes, one should not resist such changes, or else it will only bring sorrow. We must let reality be reality and let the things flow in whichever manner they live. Law as such is very dynamic in nature. With the development and human foot stepping in 21st century, law should cater the present exigencies and uncertain probabilities to ensure a healthy balance.

Human rights are rooted in ancient thought and in the philosophical concepts of `natural law` and `natural rights`.  By virtue of their being human possess certain basic and inalienable rights and those are commonly known as human rights. Since these rights belong to them because of their very existence, they become operative with birth. Human rights, being the birth right, are therefore, inherent in all the individuals irrespective of their caste, creed, religion, sex and nationality. These rights are necessary as they create an environment in which people can develop their full potential and lead productive as well as creative lives in accordance with their needs and provide suitable conditions for moral upliftment of the people.

“……..It is the business of the state…..To maintain the condition without which a free exercise of the human faculties is impossible.”

                                                                                                                     — T.H. Green

The Constitution of India recognizes many fundamental freedoms contained in the International Covenant on Civil and Political Rights, including the right to life, equality, and freedom of expression, and the right to seek judicial redress for violation of these rights. Economic, social and cultural rights are not given automatic judicial protection, but are contained in the Constitution`s Directive Principles of State Policy( DPSPs) in the Part IV.

However, as the ultimate authority on constitutional law, the Supreme Court has taken an active role in developing the power of judicial review as an integral part of its work. These decisions are binding `on all Courts within the territory of India`, and `all authority, civil and judicial, in the territory of India shall act in aid of the Supreme Court of India`. Failure to do is punishable with Contempt of Court.

In the Directive Principles, however, one finds an even clearer statement of social revolution. They aim at making the Indian masses free from the passivity engendered by centuries of coercion by society. It is through the power of judicial review that the Supreme Court has been capable of expanding the scope of economic, social and cultural rights from DPSPs to rights enforceable before the Courts.

Comments

comments

Leave a Reply

Your email address will not be published. Required fields are marked *

Important Links to visit:
Home Page, About IILS, Law Courses, Contact IILS