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Social Contract Theory & Human Rights

The Social Contract Theory, associated with Enlightenment philosophers like Hobbes, Locke, and Rousseau, explains the evolution of human rights as individuals form societies to protect inherent rights by surrendering certain freedoms. The National Human Rights Commission (NHRC) in India, established under the Protection of Human Rights Act, 1993, aims to protect and promote human rights through investigation and recommendations, although its effectiveness is hindered by lack of enforcement power and political pressures. Overall, while the NHRC serves as an important watchdog, it requires greater authority and autonomy to enhance its impact.

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Anshu Maurya
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27 views2 pages

Social Contract Theory & Human Rights

The Social Contract Theory, associated with Enlightenment philosophers like Hobbes, Locke, and Rousseau, explains the evolution of human rights as individuals form societies to protect inherent rights by surrendering certain freedoms. The National Human Rights Commission (NHRC) in India, established under the Protection of Human Rights Act, 1993, aims to protect and promote human rights through investigation and recommendations, although its effectiveness is hindered by lack of enforcement power and political pressures. Overall, while the NHRC serves as an important watchdog, it requires greater authority and autonomy to enhance its impact.

Uploaded by

Anshu Maurya
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd

Question: Discuss in detail regarding the " Social Contract Theory of the evolution of

Human Rights.”

Answer:

The Social Contract Theory plays a foundational role in explaining the evolution of human
rights. Originating during the Enlightenment, it is most notably associated with philosophers
like Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. According to this theory,
human beings originally lived in a "state of nature" without formal laws or political authority.
To ensure security, order, and mutual benefit, individuals collectively agreed to form a
society by surrendering certain freedoms and establishing a governing body—this agreement
is known as the "social contract."

In the context of human rights, the theory asserts that individuals possess inherent rights by
virtue of being human, and the legitimacy of any government depends on its ability to protect
these rights. Locke emphasized life, liberty, and property as natural rights that the state must
uphold. Rousseau, meanwhile, focused on general will and collective sovereignty. The Social
Contract Theory laid the philosophical groundwork for modern democracies and
constitutional governance, influencing documents like the U.S. Declaration of Independence
and the French Declaration of the Rights of Man and of the Citizen. It reframed the
relationship between citizens and the state, asserting that the protection of human rights is a
central purpose of political authority.

Question:

Discuss the constitution, powers and functions of national Human Rights Commission
and explain its effectiveness.

Answer:

The National Human Rights Commission (NHRC) is a statutory body established in India
under the Protection of Human Rights Act, 1993. Its primary purpose is to protect and
promote human rights, which include rights related to life, liberty, equality, and dignity.
Constitution:

The NHRC consists of a Chairperson—usually a retired Chief Justice of India—and four


members, including one woman, appointed by the President of India based on
recommendations from a committee including the Prime Minister and the Leader of
Opposition.

Powers and Functions:

The NHRC investigates complaints of human rights violations or negligence by public


servants. It can visit jails, review safeguards, recommend compensation to victims, and
promote human rights awareness. It can summon witnesses, demand documents, and call for
reports from government agencies but does not have judicial powers.

Effectiveness:

The NHRC has played a crucial role in highlighting human rights abuses and influencing
policy changes. However, its effectiveness is limited by lack of enforcement power, delays in
investigation, and sometimes political pressure. While it raises awareness and offers
recommendations, implementation depends on government cooperation, which is not always
guaranteed, limiting its impact.

Overall, the NHRC is an important watchdog but requires stronger authority and autonomy
for greater effectiveness.

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