“The existence and validity of human rights are not written in the stars. The ideals concerning the conduct of men towards each other and the desirable structure of the community have been conceived and taught by enlightened individuals in the course of history. Those ideals and convictions which resulted from historical experience, from the craving for beauty and harmony, have been readily accepted in theory by man – and at all times, have been trampled upon by the same people under the pressure of their animal instincts. A large part of history is therefore replete with the struggle for those human rights, an eternal struggle in which a final victory can never be won. But to tire in that struggle would mean the ruin of society.”
-Albert Einstein
Development of Human Rights is a concept which is as old as the development of law itself. In 1215, the English Charter- Magna Carta whose author was King John was one of the earliest works on protection of Human Rights. Karl Marx related Human Rights with transformation of capital society to a class-less society.
In 1948, General Assembly of United Nations adopted Universal Declaration of Human Rights. India too is one of the countries which voted in favour of the Declaration. In Indian Constitution, Part III i.e. Fundamental rights have been interpreted to include Human Rights within their ambit. Article 21 has received the most widest and expansive interpretation. Following are some of the instances of the same
- In Satwant Singh Sawhney v. D Ramanathan AIR 1967 SC 1836, the Supreme Court held that freedom to go abroad is a basic human right under Article 14 of Universal Declaration of Human Rights.
- Bandhua Mukti Morcha v. Union of India AIR 1984 SC 802, while dealing with right of labourers, the Supreme Court observed, “The Court’s attempt is only to ensure observance of social and economicrescue programmes, legislative as well as executive, framed for the benefit of the have-nots and the handicapped and to protect them against violation of their basic human rights, which is also the constitutional obligation of the executive. The Court is thus merely assisting in the realisation of the constitutional objectives.”
- In State of Punjab v. Ramdev Singh AIR 2004 SC 1290, the Supreme Court held, “Rape is not only a crime against the person of a woman, it is a crime against the entire society…It is a crime against basic human rights, and is also violative of the victim’s most cherished of the Fundamental Rights, namely, the Right to Life contained in Article 21 of the Constitution of India, 1950.”
Therefore, Human rights being a field involving wider area, there still remains scope for even more interpretations and recognitions of Human Rights.
– By Roopali Mohan, 2nd Year, Vivekananda Institute of Professional Studies, New Delhi