Concept of Human Rights

Human rights are inherent entitlements possessed by individuals by virtue of being human.
These rights are universally and equally applicable to all people, enduring throughout time. As
stated in the quote, “All individuals are born free and equal in dignity and rights. They possess
reasoning and conscience and should treat each other with a sense of solidarity.” This
perspective aligns with the belief that humans hold a unique intrinsic value that distinguishes
them from lifeless objects. To infringe upon a human right would signify a failure to
acknowledge the inherent value of human existence.

The concept of human rights has evolved over history and has remained intertwined with legal,
cultural and religious practices. Many societies have upheld principles akin to the “golden rule”
– treating others as one wishes to be treated. The ancient texts of the Hindu Vedas, the
Babylonian Code of Hammurabi, the Bible, the Quran (Koran) and the Analects of Confucius
exemplify some of the earliest written sources addressing questions of responsibilities, rights
and duties.

Different countries ensure these rights through varying approaches. For instance, in India, these
rights are enshrined in the Constitution as fundamental rights, offering statutory guarantees.
Conversely, in the UK, these rights are established through legal precedent, with courts
establishing various principles through case law. Moreover, international law and conventions
also furnish specific safeguards for these rights.

What is the History of Human Rights in India?

The history of human rights in India can be divided into three stages: Ancient, Medieval and
Modern.

Human Rights in Ancient India

The history of human rights in India has deep roots within Indian political thinkers and
philosophers, dating back to ancient civilizations.

In antiquated India, legal principles were founded on Dharma, which aimed to promote the well-
being of all beings and prevent harm among them, as evident in Epics like Ramayana and
Mahabharata. The Bhagavad Gita emphasises righteousness as the core of Dharma. The
Upanishads regard Dharma as the fundamental underpinning of the entire universe. The Vedas
and Smritis advocate the concept of “Vasudhaiva Kutumbakam,” portraying the world as a
unified family. All four Vedas underscore equality and dignity for every human.

Buddha’s teachings played a significant role in safeguarding human rights. The renowned King
Ashoka effectively established a welfare state for his subjects, ensuring basic freedoms and
rights.
Consequently, it’s evident that ancient Indian literary works actively promoted and endorsed
human rights, liberty, freedom and equality for all individuals, regardless of discrimination based
on caste, creed, gender, sex or religion.

Human Rights in Medieval India

The Medieval period in India marks the era of Muslim rule. Before the Mughal rule, there were
existing rights related to society, politics, culture and religion. However, with the arrival of the
Mughals, the concept of human rights faced challenges. Nevertheless, during Akbar’s reign
(1526-1605), significant emphasis was placed on social, religious and political rights.

Akbar introduced a religious policy called Din-E-Ilahi (divine religion), which aimed to promote
secularism and religious tolerance. Moreover, religious movements like Bhakti (Hindu) and Sufi
(Islamic) played a crucial role in advancing the history of human rights in India. However, these
advancements were sometimes suppressed by other Mughal Emperors such as Babar,
Humayun and Aurangzeb.

Human Rights in Modern India

The British rule in India can be seen in the Modern period. During this period, the British
government of India not only restricted the freedom of its people but also built its foundation
upon exploiting the masses, causing economic, political, cultural and spiritual harm to India.

After enduring colonial rule, every Indian firmly believed that the recognition, safeguarding and
implementation of human rights were not only fundamental but also essential for leading a
civilized life.

Key constitutional provisions in India contribute to the history of human rights in India in modern
times. These include the Preamble, Fundamental Rights, Directive Principles of State Policy,
recently added Fundamental Duties, reservations for scheduled castes and tribes, and special
provisions for Anglo-Indians and other backward classes.

When examining human rights in relation to the Indian Constitution, it becomes evident that the
Constitution incorporates nearly all the human rights outlined in various international
agreements, covenants and treaties. Some of these include:

1. Universal Declaration of Human Rights, 1948

2. International Covenant on Economic, Social and Cultural Rights, 1976

3. International Covenant on Civil and Political Rights, 1976

4. Convention on the Prevention and Punishment of the Crime of Genocide, 1948

 5. International Convention on the Elimination of All Forms of Racial Discrimination, 1965

6. Convention on the Elimination of All Forms of Discrimination against Women, 1979

7. Convention on the Rights of the Child, 1989

8. Convention on the Rights of Persons with Disabilities, 2006

Development of Human Rights

The Human Rights in India originated long time ago. It can easily be recognized from the
principles of Buddhism, Jainism. Hindu religious books and religious texts like Gita, Vedas,
Arthasatra and Dharmashstra also contained provisions of human rights. Muslim rulers like
Akbar and Jahangir were also very much appreciated for his regard for rights and justice. During
the early British era, the people suffered a great violation of several rights and this led to the
birth of modern Human Rights jurisprudence in India.

On January 24, 1947, Constituent Assembly voted to form an advisory committee on

Fundamental Rights with Sardar Patel as the Chairman. Drafted list of rights were prepared by
Dr. B. R. Ambedkar, B. N. Rau, K. T. Shah, Harman Singh, K. M. Musnshi and the Congress expert
committee. Although there were few amendments proposed, there was almost no
disagreement on the principles incorporated. The rights in the Universal Declaration of Human
Rights were almost completely covered in the Indian Constitution either in Fundamental Rights
or Directive Principles of State Policy. Nineteen fundamental rights were covered in Motilal
Nehru Committee Report, 1928 out of which ten appear in the Fundamental Rights whereas
three of them appear as Fundamental Duties.

International Human Rights and Fundamental Rights (Part III of

COI)
India had signed the Universal Declaration on Human Rights January 01, 1942. Part III of the
Constitution India ‘also referred as magna carta’ contains the Fundamental rights. These are the
rights which are directly enforceable against the state in case of any violation. Article 13(2)
prohibits state from making any law in violation of the Fundamental Rights. It always provides
that if a part of law made is against the Fundamental Rights, that part would be declared as void.
If the void part cannot be separated from the main act, the whole act may be declared as void.

In the case of Keshvanand Bharti v. State of Kerela, the apex court observed: “The Universal
Declaration of Human Rights may not be a legally binding instrument but it shows how India
understood the nature of human rights at the time the Constitution was adopted.”
In the case of Chairman, Railway Board & Ors. v. Chandrima Das & Ors., it was observed that
UDHR has been recognized as Model code of conduct adopted by United Nations General
Assembly. The principles may have to be read if needed in domestic jurisprudence.

Provisions of Universal Declaration of Human Rights along with corresponding

provisions in Constitution of India are as follows:
 Statutory law
In addition to these constitutional provisions, various laws have been enacted by the
Indian legislature to safeguard and promote human rights. Some significant legislations
introduced by the union include:

1. Protection of Human Rights Act, 1993

2. National Commission for Minorities Act, 1992

3. National Commission for Women Act, 1990

4. Protection of Civil Rights Act, 1995

5. Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

6. Immoral Traffic (Prevention) Act, 1987

7. Bonded Labor System (Abolition) Act, 1976

8. Juvenile Justice (Care and Protection of Children) Act, 2000

9. Child Labor (Prohibition and Regulation) Act, 1986 and more.

India has also implemented numerous labour-related legislative measures to ensure

social security, significantly influenced by the standards set by the International Labor
Organization (ILO).

NHRC/ HUMAN RIGHTS ACT 1983

National Human Rights Commission, abbreviated as NHRC, is a public body which is
constituted for benefiting the citizens of the country. It has been playing vital roles since
its establishment on October 12, 1993.

Human Right's means the rights relating and including the right to life, liberty, equality
and dignity of the individual guaranteed by the constitution or embodied in the
International covenants and enforceable by courts in India.

NHRC was established after a thorough assessment of needs for establishing such
bodies in order to address the human rights related issues and by keeping in
consideration the ways and measures to apply for their protection. Thus, the Central
Government of India established the National Human Rights Commission of India in the
year 1993 under the Protection of Human Rights Act which itself was made effective in
the same year. NHRC was given a complete statutory basis by The Protection of Human
Rights Act, 1993 (TPHRA). NHRC since then is considered as a national human rights
institution.

NHRC is one of the important Commission for creating awareness and in promoting the
rights which have been given the key importance in the Act.

History:
The National Human Rights Commission was established on October 12, 1993. The
statute of NHRC is contained in the Protection of Human Rights Act, 1993, and further it
is in conformity with the Paris Principles, adopted at the first International workshop on
national institutions for the promotion and protection of human rights held in Paris in
October in the year 1991, and as endorsed by the General Assembly of the United
Nations in Resolution 48/134 of December 20, 1993. The NHRC is an embodiment of
India's concern towards the promotion and protection of human rights.

Composition of NHRC:
National Human Rights Commission is an independent body constituted by the Central
Government and consists of highly knowledgeable team to work in the areas of human
rights.

The composition of this Commission is:

1) A Chairperson who is a retired Chief Justice of India

2) One Member who is or has been a Judge of the Supreme Court

3) One Member who is or has been the Chief Justice of a High Court

4) Two persons having knowledge or practical experience in matters relating to

Human Rights.

The President appoints the chairperson and the members of National Human Rights
Commission, for which a committee nominates the names. This committee consists of
Chairperson, the Prime Minister and the members including Home Minister, Leader of
the Opposition in Lok Sabha, Leader of the Opposition in Rajya Sabha, Speaker and the
Rajya Sabha Deputy Chairman.

Further in addition to this, the Chairperson of the National Commission for Minorities,
the National Commission for the Scheduled Castes and Scheduled Tribes and the
National Commission for Women are deemed to be members of the National Human
Rights Commission for the discharge of specific functions laid down.

Removal of a Member of the Commission:

Section 5 of the Protection of Human Rights Act, 1993, lays down the procedures and
ground for the removal of any member of the Commission. Further, the President can
remove the Chairperson or any other member if he:

1. Is adjudged an insolvent; or

2. Engages during his term of office in any other paid employment outside the
duties of his office;

3. Is unfit to continue in office by reason of infirmity of mind or body; or

4. Is of unsound mind and stands so declared by a competent court; or

5. Is convicted and sentenced to imprisonment for an offence, which in the opinion

of the President involves moral turpitude[1].

Additionally, the Chairperson or any other member of the Commission can only be
removed from his office by the order of the President on the ground of proved
misbehavior or incapacity.

However, in these cases, the President is supposed to refer the matter to the Supreme
Court for conducting an inquiry. And if the Supreme Court, after the inquiry, upholds the
cause of removal and advises so, then the President can remove the Chairperson or a
member of NHRC.

Functions of NHRC:
The National Human Rights Commission has a very wide mandate and includes civil
and political rights, economic rights, social and cultural rights, and other group rights.
Section 12 of the Protection of Human Rights Act, 1993, lays down that the Commission
shall perform all or any of the following functions, namely:

1. Inquire, on its own initiative or on a petition presented to it by a victim or any

person on his behalf, into complaint of[2]:

2. Violation of human rights or abetment

3. or negligence in the prevention of such violation, by a public servant;

4. Intervene in any proceeding involving any allegation of violation of human rights
pending before a court with the approval of such court;

5. Visit, by intimating to the State Government, any jail or any other institution under
the control of the State Government, where persons are detained or lodged for
purposes of treatment, reformation or protection, in order to study the living
condition of the inmates and make recommendations thereon;

6. Review the safeguards by or under the Constitution or any law for the time being
in force for the protection of human rights and recommend measures for their
effective implementation;

7. Review the factors, including acts of terrorism that inhibit the enjoyment of
human rights and further recommend appropriate remedial measures on the
same;

8. Study treaties and other international instruments on human rights and make
recommendations for their effective implementation;

9. Spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights through
publications, the media, seminars and other available means[3];

10. Encourage the efforts of non - Governmental organizations and institutions

working in the field of human rights;

11. Undertake and promote research in the field of human rights.

12. Other functions considered necessary for promotion of human rights.

13. Responsibility of Government authority.

14. The Central Government or the State Government or any other Authority is
supposed to indicate its comments including actions that are taken on the
report/recommendations of the Commission within a period of one month in
respect of complaints against public servants other than members of the armed
forces.

15. In respect of complaints against members of the armed forces, the Central
Government has to indicate action taken on the recommendations within three
months to the Commission.

16. Issue of the one-year limitation period.

 17. Purpose - not to have another judicial body it is an institution which will give
primary focus on the allegation of violation of human rights and to provide
quicker redressal as compared to other redressal mechanisms. The court:
District Courts to the Supreme Court are always available to the people and the
Commission's role is not to replace these mechanisms.

Powers of Commission relating to inquiries:

While inquiring into complaints under the Act, the Commission shall have all the powers
of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular the
following, namely[4];

1. Summoning and enforcing the attendance of witnesses and examining them on

oath;

2. discovery and production of any document;

3. receiving evidence on affidavits;

4. requisitioning any public record or copy thereof from any court or office;

5. issuing commissions for the examination of witnesses or documents;

6. any other matter which may be prescribed.

Major Human Rights issues in India:

Despite India having the status of world's largest sovereign, secular, democratic
republic, human rights in India are considered as complicated issue due to the country's
large size and population, widespread poverty, lack of proper education, diverse culture.

Nobody can deny the humongous magnitude of human right violations that are taking
place in our country and are having huge effects on the being. The world's largest
democracy is plagued by widespread violations. Few major issues which are taken up
by NHRC are:

1. Custodial Torture

2. Right to Work and Labour Rights

 3. Arbitrary Arrest and Detention

4. Excessive Powers of the Armed Forces and the Police

5. Sexual Violence

6. Child Labour

7. Violence and discrimination against Women, Children

8. Lesbian, Gay, Bisexual, Transgender Rights

Conclusion:

If human rights commissions are to truly protect the human rights in India, it needs a
revamp. The efficacy and authority of the commissions will be greatly enhanced if their
decisions are made enforceable by the government as well. Misuse of laws by the law
enforcing agencies itself is often considered as the root cause of human right violations.

Therefore, in order to make the efforts of the commission more impactful, then the
weakness of laws are supposed to be removed and the laws that run contrary to the
human rights should be amended or repealed.

As Chairman Justice K G Balakrishnan has rightly pointed out, that in order to improve
and strengthen the human rights situation in India, the Human Right defenders, state
and non-state actors need to work in tandem.

Clearly, the NHRC, with special regard to children's rights, is considered to a great extent
a formidable entity. While, it enjoys formidable legal strength on its panel, it is limited as
it can only make recommendations, and cannot enforce its decisions.