HUMAN RIGHTS

HUMAN RIGHTS
Human beings are born equal in dignity and rights. These are moral claims which are
inalienable and inherent in all individuals by virtue of their humanity alone,
irrespective of caste, colour, creed, and place of birth, sex, cultural difference or any
other consideration. These claims are expressed and formulated in what is today
known as human rights. Human rights are sometimes referred to as fundamental
rights, basic rights, inherent rights, natural rights and birth rights.
Definition
Dr. Justice Durga Das Basu defines “Human rights are those minimal rights, which
every individual must have against the State, or other public authority, by virtue of
his being a ‘member of human family’ irrespective of any consideration. Durga Das
Basu’s definition brings out the essence of human rights.
The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as
“rights derived from the inherent dignity of the human person.” Human rights when
they are guaranteed by a written constitution are known as “Fundamental Rights”
because a written constitution is the fundamental law of the state.
Characteristics and Nature of Human Rights
Following are the characteristics of human rights:
1. Human Rights are Inalienable - Human rights are conferred on an individual due
to the very nature of his existence. They are inherent in all individuals irrespective of
their caste, creed, religion, sex and nationality.
2. Human Rights are essential and necessary - In the absence of human rights, the
moral, physical, social and spiritual welfare of an individual is impossible. Human
rights are also essential as they provide suitable conditions for material and moral
upliftment of the people.
3. Human Rights are in connection with human dignity - To treat another individual
with dignity irrespective of the fact that the person is a male or female, rich or poor
etc. is concerned with human dignity.
4. Human Rights are Irrevocable: Human rights are irrevocable. They cannot be taken
away by any power or authority because these rights originate with the social nature
of man in the society of human beings and they belong to a person simply because he
is a human being.
5. Human Rights are Necessary for the fulfilment of purpose of life: Human life has
a purpose. The term “human right” is applied to those conditions which are essential
for the fulfilment of this purpose. No government has the power to curtail or take
away the rights which are sacrosanct, inviolable and unchallengeable.
6. Human Rights are Universal – Human rights are not a monopoly of any privileged
class of people. Human rights are universal in nature, without consideration and
without exception. The values such as divinity, dignity and equality which form the
basis of these rights are inherent in human nature.
7. Human Rights are never absolute – Man is a social animal and he lives in a civic
society, which always put certain restrictions on the enjoyment of his rights and
freedoms. Human rights as such are those limited powers or claims, which are
contributory to the common good and which are recognized and guaranteed by the
State, through its laws to the individuals. As such each right has certain limitations.
8. Human Rights are Dynamic - Human rights are not static, they are dynamic.
Human rights go on expanding with socio-eco-cultural and political developments
within the State. Judges have to interpret laws in such ways as are in tune with the
changed social values.
9. Rights as limits to state power - Human rights imply that every individual has
legitimate claims upon his or her society for certain freedom and benefits. So human
rights limit the state’s power. These may be in the form of negative restrictions, on the
powers of the State, from violating the inalienable freedoms of the individuals, or in
the nature of demands on the State, i.e., positive obligations of the State; for e.g., six
freedoms that are enumerated under the right to liberty forbid the State from
interfering with the individual.
Thus, Human rights are norms that help to protect all people everywhere from severe
political, legal, and social abuses. Examples of human rights are the right to freedom
of religion, the right to a fair trial when charged with a crime, the right not to be
tortured, and the right to engage in political activity. These rights exist in morality and
in law at the national and international levels.

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Characteristics and Nature of Human Rights

Following are the characteristics of human rights:

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