Human Rights, Meaning, National Human Rights Commission

Human rights are those inalienable rights that pertain to an individual's life, liberty, equality, and dignity and are protected by the Constitution, embodied in international covenants, and enforceable in court. Human rights are imbibed in all human beings without discrimination based on race, sex, nationality, ethnicity, language, religion, or any other status. Freedom from slavery and torture, the right to life and liberty, the freedom of speech and expression, the right to employment and education, and many other rights are examples of human rights. 

Nature of Human Rights

An individual cannot be ethically, naturally, socially, or spiritually well without human rights. The basic nature of human rights can be described below. 

• Basis of Human Rights: The assumption behind human rights is that each person is unique and equally important, possessing intrinsic value. Therefore, we must get equal opportunities to be free and to realise our full potential. 
• Human rights are essential: Human rights are also essential because they create an atmosphere that is favourable to enhancing society's moral and physical well-being.
• Human rights advocates human dignity: The fundamental goal of human dignity is to treat everyone with respect, regardless of their gender, socioeconomic status, or other characteristics. 
  • For example - India enacted a law in 1993 to forbid the practice of an individual carrying human excreta. This law is known as the ‘Employment of Manual Scavengers and Dry Latrines (Prohibition) Act’. 
• Human rights are universal: These rights are inherent to all, regardless of nationality, sex, race, ethnicity, language, colour, religion, or any other status. 
  • They range from the most fundamental, the right to life, to those that make life worth living with dignity, such as the rights to food, work, health, life and liberty.
• Human rights are inalienable: ‘To be inalienable is to make something inherent. It demonstrates how our rights are innate and something we cannot give up or renounce. 
• Human rights are dynamic: Human rights are ever-evolving and contingent upon shifts in the state's political, economic, social, and environmental structures. 
  • For instance, under various government of India programmes, the right to receive medical care during illness has been expanded to include free medical care in public hospitals. 
• Human rights are never absolute: Humans live in a society that invariably establishes some limitations on the enjoyment of rights and freedoms. 
  • Human rights are those restricted privileges or prerogatives that subscribe to the common good.
  • These are restricted by the state through its legislation for certain matters. 
• Human rights restrain state power: Human rights imply that all citizens have rightful demands upon their society for certain freedoms and assistance. 
  • Thus, we could argue that the state's power is constrained by human rights. 
  • These may be in the form of restrictions on the powers of the state from violating the inalienable freedoms of individuals

Natural and Human rights

• Doctrine of natural rights: The political theorists of early modern Europe argued that the rights of men were derived from natural law. 
  • The notion that we are born with certain rights, is very powerful because it implies that no state or organisation should take away what has been provided by the law of nature. 
  • These are called natural rights and were used widely to oppose the exercise of arbitrary power by states and governments.
  • Thomas Hobbes, John Locke, Jean-Jacques Rousseau and Thomas Paine were the proponents of the doctrine of natural rights. 
• Doctrine of human rights: Later, the term “human rights” is used more than the term “natural rights”. 
  • This is because the idea of there being a natural law, or a set of norms that are laid down for us by nature or God seems less acceptable today. 
  • Rights are now seen as guarantees that human beings themselves provide, through a constitution, to lead a minimally good life. 

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a landmark document in the history of universal human rights. Drafted by important representatives with different legal and cultural backgrounds across the world, the Declaration was proclaimed by the United Nations General Assembly on December 10, 1948, in Paris, as a common standard of achievements for all nations and their people. 

• Two sets of rights: The UDHR covers two broad sets of rights. 
  • One is known as ‘Civil and Political Rights’. 
  • The other set of rights is known as ‘Economic, Social and Cultural Rights’.
• Enforceability: Although the UDHR is not legally binding, its main principles have acquired the status of standards over the years that should be respected by all States. 
• Universality: The UDHR sets out fundamental human rights to be universally protected, which has been translated into over 500 languages.
  • The power of the Universal Declaration is the power of ideas to change the world. It inspires us to continue working to ensure that all people can gain freedom, equality and dignity.
• United Nations Human Rights Council: The principal intergovernmental body in charge of human rights at the UN is the Human Rights Council. 
  • It was created by the General Assembly in 2006, and its mission is to enhance global human rights advocacy and protection.
  • The Council consists of 47 member States that provide a multilateral forum for addressing human rights violations and country situations. It offers suggestions on how to more effectively apply human rights in practice and react to emergencies involving human rights.
  • The Office of the High Commissioner for Human Rights (OHCHR) provides substantive, technical, and secretariat support to the Council.

Human Rights and India 

The Indian Constitution was drafted around the same time when the 1948 Universal Declaration of Human Rights by the United Nations came into force. India was among the other UN members who voted for its adoption by the General Assembly in 1948. However, the concept of human rights was already there in India. 

• Legacy of Human Rights: Ancient Indian texts like the Vedas, Upanishads and various Dharma Shastras contain teachings and references that resonate with the principles of human rights. The ancient scriptures emphasised the inherent equality and dignity of all individuals.
  • For example, the Rigveda contains hymns that advocate freedom of thought and expression. 
  • Upanishads encourage us to question, explore and seek spiritual truths independently. 
  • These texts guide the treatment of vulnerable groups such as women, children, and the elderly. 
  • The concept of justice and fairness is central to Indian literature.
  • India believes in the philosophy of “Sarve Bhavantu Sukhinah” which means “May all be happy and healthy”.
  • The concepts of non-violence and compassion are central to Indian philosophy and spirituality, propounded by Buddhism, Jainism and even the Asoka’s rock edicts. These were exemplified by figures like Gandhi. 
• Human Rights in Constitution: The Constitution of India, the highest law of the land, contains the civil and political rights as well as the economic, social, and cultural rights outlined in the UDHR in Part III and Part IV as "Fundamental Rights," and "Directive Principles of State Policy”. 
  • Also, the Constitution provides the spirit of human rights in its Preamble. 
• Various institutions: The real test of the human rights given by any constitution is in their actual implementation.
  • The judiciary is the main institution to safeguards these rights. 
  • Independent organisations like the People’s Union for Democratic Rights (PUDR), the People’s Union for Civil Liberties (PUCL), and other NGOs have been working as watchdogs against the violations of these rights. 
  • Further, the government established the National Human Rights Commission in 1993 to overall supervise human rights in India.
• National Human Rights Commission: The National Human Rights Commission (NHRC) was formed under the Protection of Human Rights Act (PHRA) of 1993 and as amended by the Protection of Human Rights (Amendment) Act of 2006.
  • The PHRA is aligned with the Paris Principles, adopted during the inaugural international workshop on national institutions for the advancement and defence of human rights that took place in Paris in October 1991 and endorsed by the United Nations General Assembly in 1993. 
  • India's commitment to promote and protect human rights is embodied in the NHRC.
  • Human rights are defined by the PHRA as the freedoms of life, liberty, equality, and dignity that are either enshrined in the Indian Constitution or international treaties and are upholdable in Indian courts.

Human Rights UPSC PYQs

Question 1: Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflect the principles and provisions of the Universal Declaration of Human Rights (1918)? (UPSC Prelims 2020)

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties 

Select the correct answer using the code given below:

1. 1 and 2 only
2. 2 only
3. 1 and 3 only
4. 1, 2 and 3

Answer: (d)

Question 2: Consider the following: (UPSC Prelims 2011)

1. Right to education.
2. Right to equal access to public service.
3. Right to food. 

Which of the above is/are Human Right/Human Rights under "Universal Declaration of Human Rights"?

1. 1 only 
2. 1 and 2 only 
3. 3 only
4. 1, 2 and 3

Answer: (d)

Human Rights FAQs

Q1. What are human rights?

Ans. Human rights are those that pertain to an individual's life, liberty, equality, and dignity and are protected by the Constitution, embodied in international covenants, and enforceable in court.

Q2. What is the nature of human rights?

Ans. Human rights are necessary, inalienable, universal, dynamic, essential for the gratification of aspirations, never absolute and restrain state power

Q3. What are the provisions for human rights in the Constitution of India?

Ans. In the Constitution of India, human rights are provided in the form of fundamental rights, as directives to the State and as fundamental duties.

Q4. What are international charters for the protection of human rights?

Ans. The most important global charters for the protection of human rights are the Universal Declaration on Human Rights and the UN Human Rights Council.

Q5. Which five human rights are the most crucial ones?

Ans. The freedom from slavery and torture, the right to life and liberty, the freedom of speech and thought, the right to employment and education, and many other rights are examples of human rights. Without exception, everyone is entitled to these rights.