ABSTRACT

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 INTRODUCTION

Human rights are a set of principles concerned with equality and fairness. They are not a
recent invention - ideas about rights and responsibilities have been an important part of
all societies throughout history. Since the end of World War II, there has been a united
effort by the nations of the world to decide what rights belong to all people and how
they can best be promoted and protected.

Human rights, a cornerstone of modern civilization, represent the fundamental rights and
freedoms inherent to all human beings. The concept of human rights has evolved over
centuries, influenced by philosophical, religious and legal traditions. Understanding this
evolution provides insight into the current framework of international human rights law
and its significance in safeguarding human dignity. India’s contributions to the
development of human rights add a rich layer to this historical narrative.

Every person has dignity and value. One of the ways that we recognize the fundamental
worth of every person is by acknowledging and respecting their human rights.

Human rights are a set of principles concerned with equality and fairness. They
recognize our freedom to make choices about our lives and to develop our potential as
human beings. They are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as a number of basic rights that people from
around the world have agreed are essential. These include the right to life, the right to a
fair trial, freedom from torture and other cruel and inhuman treatment, freedom of
speech, freedom of religion, and the rights to health, education and an adequate standard
of living.

These human rights are the same for all people everywhere, men and women, young and
old, rich and poor, regardless of our background, where we live, what we think or what
we believe. This is what makes human rights ‘universal’.

Human rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. Human rights include the right to life
and liberty, freedom from slavery and torture, freedom of opinion and expression, the

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right to work and education, and many more. Everyone is entitled to these rights,
without discrimination.

LITERATURE REVIEW

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RESEARCH METHODOLOGY

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 DEFINITION

Human rights, rights that belong to an individual or group of individuals simply for
being human, or as a consequence of inherent human vulnerability, or because they are
requisite to the possibility of a just society. Whatever their theoretical justification,
human rights refer to a wide continuum of values or capabilities thought to enhance
human agency or protect human interests and declared to be universal in character, in
some sense equally claimed for all human beings, present and future.

It is a common observation that human beings everywhere require the realization of

diverse values or capabilities to ensure their individual and collective well-being. It also
is a common observation that this requirement—whether conceived or expressed as a
moral or a legal demand—is often painfully frustrated by social as well as natural forces,
resulting in exploitation, oppression, persecution, and other forms of deprivation.
Deeply rooted in these twin observations are the beginnings of what today are called
“human rights” and the national and international legal processes associated with them.

Human Rights are the basic rights that a human being has as a virtue of being a human.
Human Rights Law deals with protection of the human rights.

Human rights are the basic rights and freedoms that belong to every person in the world,
from birth until death. These rights are universal and inherent to all human beings
regardless of nationality, ethnicity, religion, gender or any other status. Human rights
include a broad range of protections such as the right to life, liberty and security;
freedom of thought, expression and religion; and the right to work, education and an
adequate standard of living. They are interrelated, interdependent and indivisible,
meaning the improvement of one right facilitates the advancement of the others.

The concept of human rights rests on several key principles:

Universality and Inalienability: Human rights apply to everyone, everywhere and

cannot be taken away, except in specific situations according to due process.

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Interdependence and Indivisibility: All human rights are interrelated and indivisible.
The improvement of one right facilitates the advancement of the others. Likewise, the
deprivation of one right adversely affects the others.

Equality and Non-discrimination: Every individual is entitled to human rights without

discrimination of any kind.

Participation and Inclusion: All people have the right to participate in and access
information relating to the decision-making processes that affect their lives and well-
being.

Accountability and Rule of Law: States and other duty-bearers are answerable for the
observance of human rights. When they fail to observe these rights, aggrieved parties are
entitled to appropriate redress.

Human beings are described as rational beings and thus given certain basic rights since
birth. These rights are inherent in all human beings as they become operative at the birth
of a person. These rights govern the physical, moral, spiritual, and social welfare of a
person. They are also known as fundamental rights, basic rights, inherent rights, natural
rights, and birth rights.

Chief Justice of India, J.S. Verma rightly stated that “human dignity is the quintessence
of human rights.” All rights which are essential for the protection and dignity of an
individual and help him to develop his personality are termed human rights. D.D. Basu
defines human rights as the basic rights that every individual must have against the state
or any other authority, irrespective of any consideration. 1

One of the achievements of contemporary international law is that it recognizes human

dignity and honor. This has also been reflected through various declarations and
conventions adopted by the United Nations on human rights. The conventions have tried
to protect the rights of individuals at a national level by incorporating provisions into the
constitutions of the countries. Many non-governmental, regional, national and
international level organizations work to bring cases of violation of human rights to light
and try to prevent such occurrences.

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Maneka Gandhi vs. Union of India 1978 AIR 597, 1978 SCR (2) 621

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 MEANING AND SCOPE OF HUMAN RIGHTS

“Rights are those conditions of social life without which no man can seek in general, to
be himself at his best.”: -Laski.

Human rights are the most fundamental and basic rights that every person has right from
the second he/she took birth and it continues till he/she dies. Human rights cannot be
taken away from a person regardless of religion, caste or faith a person chooses to
believe in. However, human rights can be restricted to an extent. Human rights are the
pathway to getting justice. The are the protective laws. There are thirty Human rights
that are described in The Universal Declaration of Human Rights (UDHR).

Examples of Human Rights

The examples of human rights are:

 Right to equality (Article 1)

 Right to life, liberty and security (Article 3)
 Freedom from torture and degrading treatment (Article 5)
 Freedom from slavery (Article 4)
 Right to education (Article 26)
 Right to peaceful assembly and association (Article 20)
 Right to adequate living standard (Article 25)
 Freedom of Belief and Religion (Article 18)
 Freedom of Opinion and Information (Article 19)

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, color, creed, and place of birth, sex, cultural difference or any other
consideration. These claims are 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.

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The essence of human rights are brought to light and defined as “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.

Human rights are said to be possessed equally, by everyone. A conventional corollary of

this claim is that everyone has a duty to protect and promote the human rights of
everyone else. However, in practice, the onus for securing human rights typically falls
upon national governments and international, inter-governmental bodies. Philosophers
such as Thomas Pogge (1995) argue that the moral burden for securing human rights
should fall disproportionately upon such institutions precisely because they are best
placed and most able to effectively perform the task. On this reading, non-governmental
organizations and private citizens have an important role to play in supporting the global
protection of human rights, but the onus must fall upon the relevant national and
international institutions, such as the governments of nation-states and such bodies as
the United Nations and the World Bank. One might wish to argue that, for example,
human rights can be adequately secured by the existence of reciprocal duties held
between individuals across the globe. However, ‘privatizing’ human rights in this
fashion would ignore two particularly salient factors: individuals have a tendency to
prioritise the moral demands of those closest to them, particularly members of their own
family or immediate community; individuals’ ability to exercise their duties is, to a large
extent, determined by their own personal financial circumstances. Thus, global
inequalities in the distribution of wealth fundamentally undermine the ability of those in
the poorer countries to reciprocate assistance provided them by those living in wealthier
countries. Reasons such as these underlie Pogge’s insistence that the onus of
responsibility lies at the level of national and international institutions. Adequately
protecting and promoting human rights requires both nation-states ensuring the adequate
provision of services and institutions for their own citizens and the co-operation of
nation-states within international institutions acting to secure the requisite global
conditions for the protection and promotion of everyone’s human rights.

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What must such bodies actively do to adequately secure individuals’ human rights?
Does my daughter’s human right to receive an adequate education require the education
authority to do everything possible to assist and enhance my child’s education? Does it
require the provision of a world-class library, frequent study trips abroad, and employing
the most able and best-qualified teachers? The answer is, of course, no. Given the
relative scarcity of resources and the demands placed upon those resources, we are
inclined to say that adequately securing individuals’ human rights extends to the
establishment of decent social and governmental practice so as to ensure that all
individuals have the opportunity of leading a minimally good life. In the first instance,
national governments are typically held to be primarily responsible for the adequate
provision of their own citizens’ human rights. Philosophers such as Brian Orend (2002)
endorse this aspiration when he writes that the object of human rights is to secure
‘minimal levels of decent and respectful treatment.’ It is important to note, however, that
the duty ensure the provision of even minimal levels of decent and respectful treatment
cannot be strictly limited by national boundaries. The adequate protection and
promotion of everyone’s human rights does require, for example, the more affluent and
powerful nation-states providing sufficient assistance to those countries currently
incapable of adequately ensuring the protection of their own citizens’ basic human
rights. While some may consider Orend’s aspirations for human rights to be unduly
cautious, even the briefest survey of the extent of human suffering and deprivation in
many parts of the world today is sufficient to demonstrate just how far we are from
realizing even this fairly minimal standard.

National and international institutions bear the primary responsibility of securing human
rights and the test for successfully fulfilling this responsibility is the creation of
opportunities for all individuals to lead a minimally good life. The realization of human
rights requires establishing the conditions for all human beings to lead minimally good
lives and thus should not be confused as an attempt to create a morally perfect society.
The impression that many have of human rights as being unduly utopian testifies less to
the inherent demands of human rights and more to the extent to which even fairly
modest aspirations are so far from being realized in the world today. The actual
aspirations of human rights are, on the face of it, quite modest. However, this should not
distract from a full appreciation of the possible force of human rights. Human rights call
for the creation of politically democratic societies in which all citizens have the means

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of leading a minimally good life. While the object of individual human rights may be
modest, the force of that right is intended to be near absolute. That is to say, the demands
of rights are meant to take precedence over other possible social goals. Ronald Dworkin
has coined the term ‘rights as trumps’ to describe this property. He writes that, ‘rights
are best understood as trumps over some background justification for political decisions
that states a goal for the community as a whole.’ (1977:153) In general, Dworkin argues,
considerations of rights claims must take priority over alternative considerations when
formulating public policy and distributing public benefits. Thus, for example, a
minority’s possession of rights against discriminatory treatment should trump any and
all considerations of the possible benefits that the majority would derive from
discriminating against the minority group. Similarly, an individual’s right to an adequate
diet should trump other individuals’ desires to eat lavish meals, despite the aggregate
gain in pleasure these individuals would derive. For Dworkin, rights as trumps expresses
the fundamental ideal of equality upon which the contemporary doctrine of human rights
rests. Treating rights as trumps is a means for ensuring that all individuals are treated in
an equal and like fashion in respect of the provision of fundamental human rights. Fully
realizing the aspirations of human rights may not require the provision of ‘state of the
art’ resources, but this should not detract from the force of human rights as taking
priority over alternative social and political considerations.

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 NATURE & CHARACTERSTICS 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. 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 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. 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.

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. As such human rights have similarities to moral rights.

5. Human 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
exception. The values such as divinity, dignity and equality which form the basis of
these rights are inherent in human nature.

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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. 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 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.

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 EVOLUTION & HISTORICAL DEVELOPMENTS OF HUMAN
RIGHTS

The evolution of human rights is a complex and multifaceted process that spans
centuries, influenced by various philosophical, religious and legal traditions.
Understanding this historical development provides insight into how the modern
framework of human rights has been shaped and the significant milestones that have
contributed to its establishment.

Early Philosophical and Religious Foundations: - The roots of human rights can be
traced back to ancient civilizations and their philosophical and religious teachings. In
ancient Greece, philosophers such as Socrates, Plato and Aristotle pondered the nature
of justice and the role of individuals within society. These early thinkers laid the
groundwork for the concept of natural law, which posits that certain rights are inherent
by virtue of human nature.

Simultaneously, religious traditions played a significant role in shaping early human

rights concepts. For instance, Judeo-Christian teachings emphasized the inherent dignity
and worth of every individual, created in the image of God. Similarly, in ancient India,
Buddhist and Hindu doctrines advocated for compassion, non-violence and respect for
all living beings.

In India, the principles of Dharma in Hinduism and the teachings of Ahimsa (non-
violence) in Jainism significantly contributed to the early understanding of human
rights. The Buddhist emphasis on equality and compassion further enriched this
perspective. Ancient Indian texts like the Vedas, Upanishads and the Arthashastra of
Kautilya contain references to the duties of rulers and the rights of subjects, highlighting
an early recognition of the need for just governance and the protection of
individual rights.

The belief that everyone, by virtue of her or his humanity, is entitled to certain human
rights is fairly new. Its roots, however, lie in earlier tradition and documents of many

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cultures; it took the catalyst of World War II to propel human rights onto the global stage
and into the global conscience.

Throughout much of history, people acquired rights and responsibilities through their
membership in a group :-a family, indigenous nation, religion, class, community, or
state. Most societies have had traditions similar to the "golden rule" of "Do unto others
as you would have them do unto you." The Hindu Vedas, the Babylonian Code of
Hammurabi, the Bible, the Quran (Koran), and the Analects of Confucius are five of the
oldest written sources which address questions of people’s duties, rights, and
responsibilities. In addition, the Inca and Aztec codes of conduct and justice and an
Iroquois Constitution were Native American sources that existed well before the 18th
century. In fact, all societies, whether in oral or written tradition, have had systems of
propriety and justice as well as ways of tending to the health and welfare
of their members.

Ancient History of Human Rights

There are a number of examples from antiquity regarding notions of human rights.
Below are just some examples of individuals who in some form or another advocated or
protected human rights.

 Cyrus: The King of Persia in 539 before the common era, “Cyrus the Great, the
first king of ancient Persia, conquered the city of Babylon. But it was his next
actions that marked a major advance for Man. He freed the slaves, declared that
all people had the right to choose their own religion, and established racial
equality. These and other decrees were recorded on a baked-clay cylinder in the
Akkadian language with cuneiform script” (Human [Link], 2014). In fact,
“…this ancient record has now been recognized as the world’s first charter of
human rights. It is translated into all six official languages of the United Nations
and its provisions parallel the first four Articles of the Universal Declaration of
Human Rights” (Human [Link], 2014).
 Stoics: There were many thinkers in Greece that advocated for notions of human
rights. For example, “Greek philosophers, known as Stoics, developed the idea
that rights enjoyed by Greeks were universal rights, freedoms that humans
everywhere are entitled to simply because humans exist” (Payne, 2013: 46).
They saw these rights as deriving from a notion of “universal law” which they

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 saw as laws by the Gods, which they viewed as “natural laws” (Payne, 2013: 46).
The Stoics were not merely in Greece, but their ideas also had influence in
Rome, where many such as “Marcus Tullius Cicero, Lucius Annaeus Seneca, and
Marcus Aurelius” echoed this sentiment regarding rights (Payne, 2013: 46).
Here, due to its influence in Rome, “Roman law similarly allowed for the
existence of a natural law and with it–pursuant to the jus gentium (“law of
nations”)–certain universal rights that extended beyond the rights of citizenship.
According to the Roman jurist Ulpian, for example, natural law was that which
nature, not the state, assured to all human beings, Roman citizens or not”
(Weston, 2006: 17).
 Magna Carta: One of the other key historic human rights documents was the
Magna Carta, which was written in 1215. Interestingly, “after King John of
England violated a number of ancient laws and customs by which England had
been governed, his subjects forced him to sign the Magna Carta, which
enumerates what later came to be thought of as human rights. Among them was
the right of the church to be free from governmental interference, the rights of all
free citizens to own and inherit property and to be protected from excessive
taxes” (Human [Link], 2014). It also provided human rights for widows, as
well as calling for the complete human rights when charged with a crime (thus,
emphasized fair judicial process) (Human [Link], 2014). Moreover, it also
spoke out against government corruption (Human [Link], 2014).

Medieval History of Human Rights

The medieval period, spanning roughly from the 5th to the late 15th century, was
characterized by a complex relationship with concepts resembling human rights. While
modern human rights as we understand them today did not exist, certain ideas and
practices laid the groundwork for their development.

Key Aspects of Medieval Human Rights:

1. Natural Law: Philosophers like St. Augustine and St. Thomas Aquinas emphasized
the existence of a moral order inherent in the world, which suggested that certain rights
were derived from nature and could not be violated by earthly authorities.

2. Charters and Liberties: Documents like the Magna Carta (1215) established
fundamental legal rights for subjects against arbitrary rule, particularly for the nobility.

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This laid a foundation for the idea that individuals have certain rights that must be
respected by rulers.

3. Church Influence: The Catholic Church played a significant role in promoting

concepts of dignity and justice. Church doctrine often provided a moral framework for
the treatment of individuals, emphasizing care for the poor and marginalized.

4. Social Contracts: The emergence of towns and trade led to agreements between
rulers and subjects, where certain rights and responsibilities were defined. Town charters
often included protections for merchants and citizens.

5. Rise of Individualism: Late medieval thinkers began to explore the notion of

individual rights, influenced by humanism and the increasing emphasis on the
individual’s role in society.

6. Legal Frameworks: Canon law and customary law began to establish norms that
protected certain rights, such as the right to a fair trial and protection against unjust
punishment.

While medieval society was largely hierarchical and rights were often limited to certain
classes, the period laid important groundwork for later developments in human rights
thinking, especially during the Renaissance and Enlightenment. The evolution of these
concepts would ultimately contribute to the formulation of modern human rights in the
18th century and beyond.

Modern History of Human Rights

The modern history of human rights is a complex narrative that unfolds over several
centuries, shaped by philosophical, political, and social movements. Here’s a detailed
exploration of key developments:

1. Enlightenment Thought (17th-18th Centuries)

 Philosophical Foundations: Enlightenment thinkers like John Locke, Voltaire,
and Jean-Jacques Rousseau introduced ideas of individual rights and freedoms.
Locke’s theory of natural rights emphasized life, liberty, and property as
fundamental rights inherent to all humans.
 Social Contracts: Rousseau’s concept of the social contract suggested that
governments derive their legitimacy from the consent of the governed,

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 reinforcing the notion that individuals have rights that must be respected by
authorities.

2. American Revolution (1775-1783) and Founding Documents

 Declaration of Independence (1776): Drafted by Thomas Jefferson, it

proclaimed that all men are created equal and entitled to unalienable rights,
setting a powerful precedent for human rights.
 U.S. Bill of Rights (1791): The first ten amendments to the Constitution
enshrined specific civil liberties, including freedom of speech, religion, and
assembly, laying a legal framework for individual rights.

3. French Revolution and Its Impact (1789)

 Declaration of the Rights of Man and of the Citizen (1789): This document
asserted that all citizens are equal under the law and outlined fundamental rights,
including freedom of expression and property rights. It influenced subsequent
human rights documents worldwide.

4. 19th Century Movements

 Abolitionism: The movement to end slavery gained momentum, emphasizing

the inherent rights of all individuals regardless of race. Key figures like
Frederick Douglass and William Wilberforce advocated for the rights of enslaved
people.
 Labor Rights: The industrial revolution sparked the rise of labor movements,
which fought for the rights to fair wages, safe working conditions, and the right
to organize. The International Workingmen’s Association formed in 1864
promoted these rights.

5. Early 20th Century Developments

 Women's Suffrage: The fight for women's rights, particularly the right to vote,
gained traction. The suffragette movement in the late 19th and early 20th
centuries highlighted issues of gender equality and civil rights.
 Post-World War I: The League of Nations, established in 1920, aimed to
promote peace and cooperation, although it lacked a strong human rights
framework.

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6. World War II and the Birth of Modern Human Rights (1945-1948)

 Atrocities of the War: The Holocaust and other war crimes underscored the
need for an international commitment to human rights.
 United Nations Formation: In 1945, the UN was established with the goal of
preventing future atrocities.
 Universal Declaration of Human Rights (1948): Adopted by the UN General
Assembly, the UDHR articulated a broad range of rights, including civil,
political, economic, social, and cultural rights. It remains a foundational
document in human rights advocacy.

7. Civil Rights Movements (1950s-1970s)

 United States: The Civil Rights Movement sought to end racial discrimination
and secure voting rights for African Americans. Landmark legislation, including
the Civil Rights Act (1964) and the Voting Rights Act (1965), aimed to dismantle
systemic racism.
 Global Movements: Anti-colonial struggles in Africa and Asia emphasized self-
determination and the rights of colonized peoples. Leaders like Nelson Mandela
in South Africa became symbols of the fight against oppression.

8. Late 20th Century and Post-Cold War Era (1980s-1990s)

 International Human Rights Treaties: Key treaties emerged, including the

International Covenant on Civil and Political Rights (1966) and the International
Covenant on Economic, Social and Cultural Rights (1966), establishing legal
obligations for states.
 Rise of NGOs: Organizations like Amnesty International and Human Rights
Watch emerged, advocating for global human rights and monitoring abuses.
 Rwandan Genocide (1994) and the Balkans conflict highlighted the need for
international accountability for human rights violations.

9. 21st Century Challenges and Advances

 Globalization and Human Rights: Economic globalization raised questions

about labor rights, environmental justice, and corporate accountability.

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  Digital Rights: The rise of the internet has introduced new human rights
challenges, including privacy, freedom of expression, and the impact of
surveillance.
 Ongoing Struggles: Movements for LGBTQ+ rights, climate justice, and the
rights of refugees and migrants reflect the evolving landscape of human rights.
The #MeToo movement has also highlighted issues of sexual harassment and
gender-based violence.

The modern history of human rights is marked by significant achievements and ongoing
struggles. While the framework for human rights has expanded and become more
universally recognized, challenges remain in enforcing these rights globally. The
continuous evolution of societal values and the emergence of new issues will shape the
future of human rights advocacy.

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 INTERNATIONAL HUMAN RIGHTS LAW

International human rights law lays down the obligations of Governments to act in
certain ways or to refrain from certain acts, in order to promote and protect human rights
and fundamental freedoms of individuals or groups.

One of the great achievements of the United Nations is the creation of a comprehensive
body of human rights law—a universal and internationally protected code to which all
nations can subscribe and all people aspire. The United Nations has defined a broad
range of internationally accepted rights, including civil, cultural, economic, political and
social rights. It has also established mechanisms to promote and protect these rights and
to assist states in carrying out their responsibilities.

The foundations of this body of law are the Charter of the United Nations and
the Universal Declaration of Human Rights, adopted by the General Assembly in 1945
and 1948, respectively. Since then, the United Nations has gradually expanded human
rights law to encompass specific standards for women, children, persons with
disabilities, minorities and other vulnerable groups, who now possess rights that protect
them from discrimination that had long been common in many societies.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone document in the

history of human rights. Drafted by representatives with different legal and cultural
backgrounds from all regions of the world, the Declaration was proclaimed by the

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United Nations General Assembly in Paris on 10 December 1948 by General
Assembly resolution 217 A (III) as a common standard of achievements for all peoples
and all nations. It sets out, for the first time, fundamental human rights to be universally
protected. Since its adoption in 1948, the UDHR has been translated into more than 500
languages - the most translated document in the world - and has inspired the
constitutions of many newly independent States and many new democracies. The
UDHR, together with the International Covenant on Civil and Political Rights and its
two Optional Protocols (on the complaints procedure and on the death penalty) and
the International Covenant on Economic, Social and Cultural Rights and its Optional
Protocol, form the so-called International Bill of Human Rights.

Economic, Social and Cultural Rights

The International Covenant on Economic, Social and Cultural Rights entered into force
in 1976. The Committee on Economic, Social and Cultural Rights is the body of
18 independent experts that monitors implementation of the Covenant by its States
parties. Its Optional Protocol entered into force in 2013. The human rights that the
Covenant seeks to promote and protect include

 the right to work in just and favourable conditions;

 the right to social protection, to an adequate standard of living and to the highest
attainable standards of physical and mental well-being;

 the right to education and the enjoyment of benefits of cultural freedom

and scientific progress.

Civil and Political Rights

The International Covenant on Civil and Political Rights and its First Optional
Protocol entered into force in 1976 and the Second Optional Protocol came into force in
1991. The Human Rights Committee monitors the implementation of this multilateral
treaty and its Optional Protocols.

The Covenant deals with such rights as freedom of movement; equality before the law;
the right to a fair trial and presumption of innocence; freedom of thought, conscience
and religion; freedom of opinion and expression; peaceful assembly; freedom of
association; participation in public affairs and elections; and protection of minority

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rights. It prohibits arbitrary deprivation of life; torture, cruel or degrading treatment or
punishment; slavery and forced labour; arbitrary arrest or detention; arbitrary
interference with privacy; war propaganda; discrimination; and advocacy of racial or
religious hatred.

Human Rights Conventions

A series of international human rights treaties and other instruments adopted since 1945
have expanded the body of international human rights law. They include the Convention
on the Prevention and Punishment of the Crime of Genocide (1948), the International
Convention on the Elimination of All Forms of Racial Discrimination (1965),
the Convention on the Elimination of All Forms of Discrimination against
Women (1979), the Convention on the Rights of the Child (1989) and the Convention on
the Rights of Persons with Disabilities (2006), among others.

Human Rights Council

The Human Rights Council, established on 15 March 2006 by the General Assembly
and reporting directly to it, replaced the 60-year-old UN Commission on Human
Rights as the key UN intergovernmental body responsible for human rights. The Council
is made up of 47 State representatives and is tasked with strengthening the promotion
and protection of human rights around the globe by addressing situations of human
rights violations and making recommendations on them, including responding to human
rights emergencies

The most innovative feature of the Human Rights Council is the Universal
Periodic Review (UPR). This unique mechanism involves a review of the human rights
records of all 193 UN member states once every four years. The Review is a
cooperative, state-driven process, under the auspices of the Council, which provides the
opportunity for each state to present measures taken and challenges to be met to improve
the human rights situation in their country and to meet their international obligations

The Review is designed to ensure universality and equality of treatment for every
country and takes place during the sessions of the UPR Working Group which meets
three times a year. The UPR Working Group consists of the 47 members of the Council.

Special Procedures and Investigative Bodies

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The Human Rights Council also has special procedures that consist of independent
human rights experts who have the mandate to report and advise on human rights from a
thematic or country-specific perspective. These experts are not paid and are elected for
3-year mandates that can be extended for another three years. As of November 2023,
there are 46 thematic and 14 country mandates.

Since 2006, the Council has set up various investigative bodies to look into alleged
violations in specific countries. These have taken the form of fact-finding missions and
commissions of inquiry. In addition, there is one thematic body, the Expert Mechanism
to Advance Racial Justice and Equality in Law Enforcement

UN High Commissioner for Human Rights

The United Nations High Commissioner for Human Rights exercises principal
responsibility for UN human rights activities. The High Commissioner is mandated to
respond to serious violations of human rights and to undertake preventive action.

The Office of the High Commissioner for Human Rights (OHCHR) is the focal point for
United Nations human rights activities. It serves as the secretariat for the Human Rights
Council, the treaty bodies (expert committees that monitor treaty compliance) and other
UN human rights organs. It also undertakes human rights field activities.

Most of the core human rights treaties have an oversight body which is responsible for
reviewing the implementation of that treaty by the countries that have ratified it.
Individuals, whose rights have been violated can file complaints directly to Committees
overseeing human rights treaties.

Human Rights and The UN System

Human rights are a cross-cutting theme in all UN policies and programmes in the key
areas of peace and security, development, humanitarian assistance, and economic and
social affairs. As a result, virtually every UN body and specialized agency is involved to
some degree in the protection of human rights. Some examples are the right to
development, which is at the core of the Sustainable Development Goals; the right to
food, championed by the UN Food and Agriculture Organization, labour rights, defined

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and protected by the International Labour Organization, gender equality, which is
promulgated by UN Women, the rights of children, indigenous peoples, and disabled
persons

Human Rights Day is observed every year on 10 December.

The Universal Declaration of Human Rights turns 75

On 10 December 2023, the UN System celebrated the 75th Anniversary of the Universal
Declaration of Human Rights.

The OHCHR conducted a year-long commemoration, the Human Rights Initiative,

during which 150 Member States, NGOs, businesses and UN entities made pledges on a
wide range of human rights issues - from advancing women’s rights, and children’s
rights, to commitments on climate change, and empowering people with disabilities to
ensure legislative reforms.

The three main goals focus of the initiative were focused in universality, progress and
engagement under the leadership of UN Human Rights, together with its partners. The
75th Anniversary culminated in a high-level event in December 2023 that announced
global pledges and ideas for a vision for the future of human rights.

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 UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR)

Introduction

Every rational and reasonable individual understands the importance of law in society.
And with the increasing inequality and injustice over the years, protecting human rights
became essential. Thomas Hobbes was among the first who published a book in 1651
“Leviathan” in which he focused on power-sharing between the king and the natural
rights of the individual. Hobbes quite rightly believed that humans have liberty and have
natural rights which should be recognized and respected. He also distinguished between
Law and Right. According to Hobbes, law is an obligation which every individual need
to comply with and rights, on the other hand, means absences of obligation or privileges
that every individual should enjoy.

Similarly, John Locke advocated for the natural liberty and equality. According to him,
every man is born free and has rights and privileges. They have the right to protect their
life and liberty. He also believed that every individual has the right to protect his
property from any injury by the other members of the society.

It was after the 2nd world war enforcing Human Rights globally became the need of the
hour. Rights like freedom of speech and expression, freedom of every person to worship
God in his own way, freedom from want and freedom of fear, was included as human
rights and enforcing these rights became essential to safeguard every individual from

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barbarous act like wars, slave trade, discrimination, ill-treatment, etc. Traces of Human
Rights can be found, in the Universal Declaration of Human Rights and subsequent
treaties. Human Rights include security rights, equality rights, minority rights, social
rights, etc.

Universal Declaration of Human Rights (UDHR)

In 1946 UN Commission on Human Rights was constituted to form an International Bill

of Rights, this was done with aim to enforce Human Rights globally and give Human
Rights a global recognition. The drafting committee consisted of eight countries and
Eleanor Roosevelt headed the committee. The International bill consisted of Universal
Declaration of Human Rights (UDHR), ICCPR and ICESCR. The Universal
Declaration of Human Rights came into force on 10 December, 1948. It consists of 30
Articles in which, it covers civil, political, social and economic rights. Some of the
rights mentioned under UDHR were also adopted as “Fundamental rights” in the Indian
Constitution, which included rights like equality before law, prohibition of
discrimination, right to life and liberty, freedom of movement, etc. The Supreme Court
in Keshwananda Bharti vs. State of Kerala observed that “The universal Declaration
may not be legally binding instrument but India being a signatory member has
understood the nature and the importance of human rights at the time Constitution was
formed”.

UDHR is considered to be the most important document as it consists all the essential
rights and has been ratified by every country in the world. Practically no other
international instrument can claim this honour. In short, the UDHR has acquired a moral
and political significance. It provides rights which can be implemented both in present
and in the future. The Declaration is a yardstick by which to measure the degree of
respect for, and compliance with, international human rights standards everywhere on
earth.

UDHR has helped to form Other Treaties like:

 The International Convention on the Elimination of Racial Discrimination

(1965).

 The International Covenant on Economic, Social and Cultural Rights (1966).

 The International Covenant on Civil and Political Rights (1966).

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  The Convention on the Elimination of All Forms of Discrimination Against
Women (1979).

 The Convention Against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment (1984).

 The Convention on the Rights of the Child (1989).

Important Rights mentioned Universal Declaration of Human Rights (UDHR)

1) Right to Equality: - It is considered the most important right as it helps to create a

balanced society, a society where every individual is treated equally and it also enlarges
the scope of unity among its members. There are different articles under UDHR which
deals with equality, for example Article 1 of the UDHR provides that all the human
beings are born free and are equal in dignity and rights, Article 7 deals with equality
before law and equal protection against any discrimination, Article 10 provides that
every individual have equal opportunity for a fair and free public hearing by an
independent and impartial tribunal.

2) Right to Freedom: - Article 13(1), Article 19, Article 20(1), and Article 23(4) of the
UDHR protects rights like freedom of movement, freedom of speech and expression,
freedom of peaceful assembly, freedom to form association and union, respectively.
In Union of India vs. Association for Democratic Reforms and Another, the Supreme
Court held that “article 19 of universal declaration of human rights, 1948 (UDHR)
recognizes right to receive information, “everyone has right to freedom of opinion and
expression; this right includes freedom to hold opinions without interference and to
seek, receive and impart information and ideas through any area and regardless of
frontiers.” There is no gainsaying that without participation of citizens, democracy is
ineffective. To enable citizens to actively participate in governance information should
be made available”.

3) Right to Life and Liberty: - UDHR states that every individual has the right to life
and liberty. These rights are provided since the very birth of an individual and these
rights are inalienable.

4) Protection from Slavery or Slave Trade: - Slavery and slave trade were a major
issue. The Universal of Abolition of the Slave Trade in 1815 was the first to voice this
issue and since then 300 agreements were formulated to abolish slavery. In the

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19th century both England and USA had already passed legislation to outlaw slave trade.
In UDHR Article 4 clearly specifies “No one shall be held in slavery or servitude;
slavery and the slave trade shall be prohibited in all their forms”. Also, Article 5 of
UDHR protects from ill treatment, torture or cruelty or kind of punishment.

5) Freedom of Conscience and Religion: - Religion is considered one of the most

sensitive topics, and UDHR quite rightly has recognized that every individual has the
freedom to practice any religion of their own choice, Article 18 states that “Everyone
has the right to freedom of thought, conscience and religion; this right includes freedom
to change his religion or belief, and freedom, either alone or in community with others
and in public or private, to manifest his religion or belief in teaching, practice, worship
and observance”.

6) Remedy for enforcement of Right: - Article 8 of UDHR seeks that every individual
has the right to get an effective remedy by the competent tribunal. In Uppalapati Nirupa
Rani Another vs. Koganti Lakshmi, and Others, 2010 the Andhra Pradesh High Court
held that, “Article 8 of UDHR and Articles 3(a), 3(c) of ICCPR, Articles 14 and 21 of
Constitution read with Section 154 CrPC make it clear that, if a cognizable offence is
not registered and investigated, it would result in violation of human rights”.

UDHR also had to face its own share of criticism. As UDHR has no legal recognition,
enforcement of these rights became questionable. Michael Ignatieff said that “The West
now masks its own will to power in the impartial, universalizing language of human
rights and seeks to impose its own narrow agenda on a plethora of world cultures that do
not actually share the West’s conception of individuality, selfhood, agency, or
freedom” Country like Saudi Arabia abstained from the vote on the declaration, arguing
that Articles 16 and 18 (the rights for men and women to marry who they choose, and
the right to freedom of religion) were in opposition to Islamic faith and teachings which
emphasis patriarchal authority. UDHR does try to maintain peace and equality in the
society but we can’t deny that the society consists of different individual with different
mindsets, so sometimes it becomes difficult to be on the same page.

International Covenant on Civil and Political Rights (ICCPR)

International Covenant on Civil and Political Rights came into force on March 23, 1976.
Till 2019 it had 173 signatory countries. This covenant consists of 53 Articles and is

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divided into 6 parts. ICCPR protects rights like the right to life, liberty, fair trial,
freedom of speech and expression, etc.

The purpose of forming ICCPR was to recognize the inherent dignity of each individual
and undertake to promote conditions within states to allow the enjoyment of civil and
political rights. The main intention behind forming ICCPR was to strengthen the legal
bases of Human Rights. The fact that UDHR is not legally enforceable, and ICCPR on
the other hand, is legally enforceable; the signatory countries that have ratified this
covenant and now under the obligation to abide by the Articles mentioned under ICCPR
and any violation of these right are considered, as punishable offences. Any report, if
made by an individual or by an organization regarding of violation of any human rights
made by their state, shall be investigated. Article 28 of ICCPR states that there should be
a Human Rights Committee which shall perform different functions, like making
reports, enforcing the rights, etc. Article 40 and 41 of ICCPR indicates how the reports
are to be formed and to whom it should be submitted, and what are the things that
should be mentioned in the report.

ICCPR and Indian Constitution

 Article 1: - It provides that the states that the right to self-determination is

universal and calls upon States to promote the realization of that right and to
respect it.

 Article 2: - Each state party must respect and ensure that the rights provided
under this covenant is enforced and the rights are provided to each and every
individual of the state irrespective of their race, gender, caste, sex, language,
religion, political or other opinions. The article further provides that every
individual whose rights are violated should be provided with a suitable remedy.

 Article 6, 7 and 8: – Protecting the individual against any death penalty, in India
the death penalty still prevails. In Bachchan Singh v. the State of Punjab, the
Supreme Court observed that the provisions for the capital punishment under
section 302 IPC are not violative of Article 21 of the Indian Constitution, though
Article 72 of the Indian Constitution gives the President the power to grant a
pardon, remit or commute a sentence of any person convicted of any offence
under this law. Article 7 prohibits human degrading punishment, cruel treatment,
and Article 8 protects every individual against the slave trade or forced labor.

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 Article 9: - Protects the individual against arbitrary arrest or detention.

 Article 10: -States that no matter whether the person has committed the crime or
not he should be treated with respect and dignity. In Charles Shobraj v.
Superintendent, Central Jail, Tihar, New Delhi, AIR 1978, the apex court
recognized that the ‘right to life’ is more than mere animal existence or vegetable
substance. Even in prison, a person is required to be treated with dignity and one
enjoys all the rights specified in Article 19 and 21. Article 10 also provides that
the state should also set up juvenile prisons.

 Article 11: - Protects the individual against breach of contract, in Jolly George
Verghese v. Bank of Cochin, AIR 1980, it was held by the Supreme Court that to
cast a person in prison because of his poverty and consequent inability to meet
his contractual liability is a violation of Article 21 of the Constitution.

 Article 12: - It provides freedom of movement and freedom to reside anywhere

in the state and the right to travel to different countries. The Supreme Court
in Satwant Singh v. Assistant Passport Officer, New Delhi, AIR 1967, SC 1836,
held that the right to go abroad is a part of the ‘personal liberty’ within the
meaning of Article 21 of the Constitution, and consequently, no person can be
deprived of this right except according to procedure deprived of this right except
according to the procedure established by law. Again, in Maneka Gandhi v.
Union of India, AIR 1978, 597, the Supreme Court upheld the decision
of Satwant Singh’s case, the court held that no person can be deprived of his
right to go abroad unless there is a law made by the State prescribing the
procedure for so depriving him and the deprivation is affected strictly in
accordance with such procedure.

 Article 14: - It ensures that every individual is equal before the law. And every
individual has the right to a fair trial, conducted by an independent and impartial
tribunal. The article also provides that the press or public may be excluded
during the trial for maintaining morals, public order and security. Article 20 of
the Indian Constitution strongly supports the idea of fair trial, so that every
individual gets the opportunity to be heard.

 Article 18 and 19: - It establishes freedom of religion. Article 19 of ICCPR

provides freedom of speech and expression. In Secretary Ministry of Information

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 and Broadcasting, Govt. of India v. Cricket Association of Bengal, 1995, the
Supreme Court held that right to impart and receive information is a species of
the right to freedom of speech and expression.

 Article 21 and 22: - It states that every individual has the right of peaceful
assembly and shouldn’t be restricted to enforce their rights until and unless it is
in conformity with the law and doesn’t disturb the public order and security of
the society. Similarly, Article 22 states that every person has the right to form an
association and join trade union, again it should be in conformity with law and
shouldn’t violate the rights of others.

There are different rights mentioned under ICCPR which are similar to the rights
provided in the Indian Constitution, and they are:

i) Equality of Opportunity to public service- Article 25(c)

ii) Right to move freely within the territory of a state- Article 22(1)

iii) Protection in respect of conviction of offences- Article 15(1)

iv) Protection from prosecution and punishment- Article 14(7)

v) Not to be compelled to testify against himself- Article 14(3) (g)

International Covenant on Economic, Social and Cultural Rights (ICESCR)

On 3rd March 1976, ICESCR came into force, and as of 2019 it has 173 signatory
countries. It consists of 31 Articles which are divided in 5 parts. ICESCR majorly deals
with rights like, right to education, right to an adequate standard of living, right to
health, labour rights, etc.

ICESCR aims secure the social, economical and cultural rights of an Individual. There
are certain rights under ICESCR which are similar to the Indian Constitution, and they
are:

i) Equal pay for equal work- Article 7(a) (i),

ii) Safe & humane condition of work- Article 7(b),

iii) Maternity relief- Article 10(2),

iv) Right to work- Article 6(1),

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v) Opportunities to children- Article 10(3),

vi) Compulsory education to children- Article 13(2) (a), and so on.

Optional Protocols to ICCPR and ICESCR

Optional protocols to ICCPR: - There are 2 optional protocols to the International

Covenant on civil and Political Rights. The first Optional Protocol was enforced on 23
March 1976 by May 2020 it had 35 signatories and 116 states parties. The aim of
forming this protocol was to act as a complaint mechanism which would record and
address the complaint of individual whose rights under the Covenant has been violated.
Committees were set up to address the issues and provide suitable solution within 6
months to the relevant parties. The second protocol to the ICCPR focuses on abolition of
the death penalty. The parties to the second Optional Protocol have expressed their view
that the abolition of the death penalty contributes to the enhancement of human dignity
and progressive development of human rights.

Optional protocol to ICESCR: - It provides a medium to the aggrieved individual

who’s social, economical and cultural rights have been violated to present his complaint
in the international level and seek remedy. The optional protocol includes 3 procedures:

1. A complaints procedure

2. An inquiries procedure

3. An inter-State complaints procedure

Comparison Between UDHR and ICCPR

UDHR and ICCPR are considered as essential documents when it comes to Human
Rights. There are similarities between UDHR and ICCPR, for example, they consist of
similar rights like right to life, liberty, freedom of speech and expression, etc. Some
differences can also be found between UDHR and ICCPR. The first and the most
apparent difference is that UDHR is not legally binding but ICCPR binds each of its
signatory countries legally to the covenant, violation of the rights under the covenant is a
punishable offence. ICCPR is the most comprehensive document as compare to UDHR.
UDHR touches every aspect of human rights but ICCPR mostly focuses on civil and
political rights. However, irrespective of the fact that whether there are similarities
between the two or not, or whether one is overlapping the other, we can’t deny that these

32
rights are immensely important, not just in our present situation but also for our better
future.

Every individual is entitled to the basic human rights by birth. Human Rights are
inalienable and inherent rights. It is very essential to understand the importance of
human rights and one must acknowledge it. These rights form a quintessentially part of
every human being, and that is why every democratic country is working towards the
enforcement and protection of these rights. It is also an individual responsibility of every
human being to respect these rights and abstain from violating them.

Problems faced by International Human Rights

The human rights which form a very important and basic rights of human have been
vulnerable to many challenges some of which we will deal in the text below. Every law
which comes has to face some challenges in this emerging globalisation era, as at the
international level the enforcement mechanism has been weak due to the lacunae present
in the implementation of international law. Firstly, we shall discuss some challenges
which the human rights face in the era of globalisation.

1. Poverty and Global Inequities: - Poverty and global inequities have been the major
challenge for the implementation of human rights. Poverty has been prevalent in most of
the developing countries and the undeveloped countries. Due to poverty the people are
not well aware of their rights and become prey to various discriminations and other
things. Poverty is the state of the individual in which he or she is deficit of the most
basic amenities of life such as food, clothing and shelter. There have been various
reports that have suggested that poverty exists in various countries and no one have been
able to keep a check on that, the governmental authorities have failed and similarly the

33
international organisations have also failed in their approach to overcome this problem.
Poverty and inequities are a major challenge for the human rights as poverty and
inequities construct an obstruction on the path of the enforcement of human rights.

2. Armed Conflict: - Another major challenge before the implementation of human

rights have been the armed conflict within the nations. Most of the developing countries
such as India and Pakistan have armed conflict within them, which are a major concern
of the human rights. The armed conflict has led to the death of soldiers and civilians at
the borders of the countries, which have been immense violation of human rights and
pose a great challenge before the human rights. The nations in armed conflict are the
greatest violators of human rights as a lot of people mostly innocent and who are poor
people. Thus, armed conflict between the nations and within the nation also are also
major concern for the implementation of human rights.

3. Discrimination: - Discrimination is distinction between people be it on the basis of

caste, creed, colour, religion, etc. It is the most potent factor which has led to failure of
the growth of a state from times immemorial. It has been in existence in most of the
countries be it developing or developed, all major countries have witnessed some forms
of discrimination be it on the basis of caste por colour, but they have been in existence in
most of the countries from times immemorial. The governmental authorities have failed
to keep a check on discrimination and there have been various instances of it in recent
times too. So, one cannot negate that they are a major concern for human rights as they
are the most aggravated form of violation of human right that may exist, simply on the
basis of physical appearance or social relation.

4. Impunity: - Exemption from punishment or loss have also been a serious challenge
before the human rights as there have been various cases where the affluent members of
the affluent family have been exempted from punishments of their heinous crimes just
due to their relation with powerful men of the society. Impunity is the major concern and
poses a serious challenge before human rights in a developing country where we talk of
the supremacy of the law, or that the law is supreme, but still in this law-abiding world
such things happen where the needy gets devoid of justice it would be a serious insult of
human rights. So, the culprit must not be left unpunished should be the major concern of
the human rights.

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[Link]: :-Corruption has been the major concern for the human rights, it can be
defined as an overt act which must not have been performed. Corruption is involved into
say that something may have happened legitimately or something may not have
happened legitimately. It is the major drawback of the developing nations where power
gets exploited by some men on the eve of money or other benefits. It is that insect that
has had such adverse effect on the life of the people that the rights of the people have
been negated to the most extent and they get to face serious concern due to that. The
ambit of corruption cannot be defined in these pages as we may witness that it is
existence in every form be it in the developing nations or the developed nations. It has
degraded the growth of the nations in every aspect of human facet.

6. Democracy Deficits: - Democracy is the essence of sovereignty as said by various

scholars but we may find that in the real world it does not exists rather it looks good in
the books only. The essence of democracy is being lost in most of the countries and most
of the countries which have rulers as dictators, face a lot of negation of human rights.
The dictatorship or the excess powers in the hands of the governing authorities have
witnessed a lot of negation of human rights. The end of democracy is being witnessed in
most of the countries, it is not good to take name of the countries, but various news of
protest by various organisations have been witnessed in the present times in most of the
countries including India.

7. The Weakness of the Institutions: - The weakness of the institutions has been a
major challenge before the implementation of human rights. The weakness of the
various institutions of the governmental organisations be it be the police administration,
or other institutions working for the people. The weakness of the institutions has been
witnessed which pose a serious threat to the human rights, the authorities which have
been inscribed with power do not work with appropriate power what could be more
challenging or concern before the human rights.

8. Illiteracy: - Illiteracy is another major concern which has been seen as a serious
challenge before human rights. The lack of education and knowledge leads people not to
approach to their rights and leads to their deteriation. Due to lack of knowledge the
people are not able to approach the courts and get devoid of justice, it is such a major
concern that is unexplainable. Illiteracy is prevalent in most of the developing countries

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and the undeveloped countries where people do not have knowledge to approach the
appropriate authorities in times of need.

9. Lack of Power to the Media: :-the media plays an important role in this
revolutionised world, where every single thing gets captured and gets telecasted in the
real world from the reel world. But we have witnessed that when the cases of human
rights violation by affluent members of the society are involved the media which has
grown as a potent weapon also remains silent and does not cover the matter. Until, the
case becomes a much famous case the media also does not pay attention to the various
cases which involve poor people or the needy. The media is also run by the people in
government which keep a control on the it and keep a powerful hand on the media.

10. Failure of the Non-Governmental Organisations: - The non-governmental

organisations have also failed in their work toa much larger extent, whatever be the
reason of their failure, but it is to be found that that they too have failed too a much large
extent in their work whatever may bet their work. It may be due to the control of the
corrupt authorities over their work or lack of authority in various field of their work, but
it cannot be negated that they too have failed in their work whatever may be their
reason.

Apart from these challenges there are various challenges for the human rights, which
lead to elation of the human rights in this civilized world. Though the human rights have
been in existence from a long time but still there are many challenges which are paved
in the path of human rights. These challenges are only of a simple nature which every
nation face be it be the developing or the developed but still there are many more
challenges which are paved in the path of human rights.

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HUMAN RIGHTS IN INDIA

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