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Introduction
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 [Link] claims are articulated 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 OF HUMAN RIGHTS
• 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.
• 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:
[Link] 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. Human rights are conferred to
an individual even after his death. The different rituals in different religions bear
testimony to this fact.
2. Human Rights are Essential and Necessary - In the absence of human rights,
the moral, physical, social and spiritual welfare of an individuaI 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. For eg. In 1993, India has enacted a law that
forbids the practice of carrying human excreta. This law is called Employment of
Manual Scavengers and Dry Latrines (Prohibition)Act.
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4. Human Rights are Irrevocable: Human rights are [Link] 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. As such human rights have similarities to moral rights.
[Link] Rights are Necessary for the fulfillment of purpose of life:Human life has a
purpose. The term “human right” is applied to those conditions which are essential
for the fulfillment of this purpose. No government has the power to curtail or take
away the rights which are sacrosanct, inviolable and immutable.
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 [Link] values such as divinity, dignity and equality which form the
basis of these rights are inherent in human nature.
[Link] 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. For eg. The right to be cared for in sickness has now been extended to include
free medical treatment in public hospitals under the Public Health Scheme, free
medical examinations in schools,and the provisions for especially equipped schools for
the physically handicapped.
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 [Link] may be in the form of negative restrictions, on the
powers of the State, from violating the inalienable freedoms of the individual
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or in the nature of demands on the State, i.e. positive obligations of the State. For eg. Six freedoms that are enumerated
under the right to liberty forbid the State from interfering with the individual
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