MEANING OF HUMAN RIGHTS

Human Rights may be defined, as those minimal rights which every individual

must have against the state or other public authority by virtue of his being a

‘member of the human family’, irrespective of any other consideration. Bennett

says,3 “Human Rights include those areas of individual or group freedom that are

immune from governmental interference or that, because of their basic contribution

to human dignity or welfare, are subject to governmental guarantee, protections or

promotion.”

Human beings are rational beings. They by virtue of their being human possess

certain basic and inalienable rights which are commonly known as Human Rights.

Since these rights belong to them because of their very existence, they become

operative with their birth. Human Rights, beings the birth rights, are, therefore,

inherent in all the individuals irrespective of their caste, creed, religion, sex and

nationality.

These rights are essential for all the individuals as they are consonant with their

freedom and dignity and are conducive to physical, moral, social and spiritual

welfare. They are also necessary as they provide suitable conditions for the

material and moral uplift of the people. Because of their immense significance to

human beings, Human Rights are also sometimes referred to as fundamental rights,

basic rights, inherent rights, natural rights and birth rights. Human Rights are a

generic term and it embraces civil rights, civil liberties and social, economic and

cultural rights. However, it can be said that the rights that all people have by virtue

of being human are Human Rights. These are the rights which no one can be

deprived without a grave affront to justice.4

The Human Rights resemble to natural rights because they have not been created

by any legislative enactment. A civilized society or nation is bound to recognize

these inalienable rights. The legal obligation to protect them includes the legal

obligation to respect them. Members of the United Nations have committed

themselves to promote respect for and observance of Human Rights and

fundamental freedoms.5

International concern with Human Rights is not a modern idea but in fact, heir to

all the great historic movements for man’s freedom to the enduring elements in the

tradition of natural law and natural rights and in the most of the world’s great

religious and philosophies and the findings of contemporary science about

interrelations of simple respect for human dignity and other individual and

community values.6

Prof Louis Hen kin explained ‘Human Rights’ as …..Claims which every

individual has or should have, upon the society in which he or she lives.7

Human dignity is the essence of Human Rights. All those rights which are essential

for the protection and maintenance of dignity of individuals and create conditions

in which every human being can develop his personality to the fullest extent may

be termed as Human Rights.8 However, dignity cannot be defined exactly, but it

accords with justice and good society. In 1993 a world conference on Human

Rights was held it was stated in its declaration that all Human Rights derive from

the dignity and worth inherent in the human person and that the human person is at

the centre of Human Rights and fundamental freedoms. Gavison is of the view that

Human Rights are rights that belong to every person and do not depend on the

specifics of the individual or the relationship between the right-holder and the right

grantor. Moreover, Human Rights exist irrespective of the question whether they

are granted or recognized by the legal and social system within which we live.9

Thus, Human Rights are those rights which belong to an individual as a result of

being human being; Human Rights are those rights which belong to human as a

means to maintain the human dignity and honor. These are the rights which all men

everywhere at all times ought to have, something of which no one may be deprived

without a grave affront to justice. Section 2(a) of the protection of Human Rights

Act, 1993 says ‘Human Rights’ means the rights relating to life, liberty, equality

and dignity of the individual guaranteed by the constitution or embodied in the

International Covenants and enforced by courts in India.

A close scouting of the various definition shows that the Human Rights are

universal in nature, belong to all human beings at all times and at all places. They

do not depend on status of a person or gender or race. They neither differ with

history nor with the geography. It is the duty of the state to recognize, protect and

implement them