Open Course Political Science Module 1

V SEMESTER U.G. PROGRAMME-CBCSS

OPEN COURSE -POLITICAL SCIENCE
COURSE IV. HUMAN RIGHTS IN INDIA
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Module I
I. Meaning of Human Rights.
II. Evolution of Human Rights.
III. Approaches to Human Rights.
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HUMAN RIGHTS

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 consideration. These 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.

Definitions

• The United Nations Centre for Human Rights defines Human Rights as
“those rights which are inherent in our nature and without which we cannot
live as human beings”
• The Universal Declaration of Human Rights which adopted on Dec.10th
1948, defines human rights as “rights derived from the inherent dignity of
human person”
• The Protection of Human Rights Act 1993 states” Human Right means rights
relating to life liberty, equality and dignity of the individuals guaranteed by
the constitution or embodied in the International Covenants and enforceable
by courts in India.”
• D.D Basu defined human rights “are those minimum rights which every
individual must have against state or other public authority by virtue of being
a member of human family, irrespective of any other consideration”.
• Dr. Upendra Baxi while attempting to describe human rights says that for
the first time in recent history, we move from conceptions of rights as
resources for individuals against state power to a conception of human rights
as species rights as well.
• Subhash C Kashyap opined that human rights are those “fundamental rights
to which every man inhabiting any part of the world should be deemed
entitled by virtue of having been born a human being”.
• Justice Ranganath Misra, the first chairman of the National Human Rights
Commission of India, has observed that “it is an obligation which all of us have

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to perform. Man, wherever he lives, whatever religion he professes, whatever

food he takes, is a member of one family. All of us must learn to live like a
member of one family. The whole world is one family. We will be able to
develop the culture of human rights. In the absence of Human Rights,
individuals and families are disintegrating in the modern era. It is a challenge
to human progress. We should all be prepared and united to face the
challenge of the indiscipline. Everyone must realize the what is prescribed by
law is not for next man, or the man to follow, but for you”.

Meaning 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 e.g. 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 fulfilment of purpose of life:

Human life has a purpose. The term “human right” is applied to those conditions
which are essential for the fulfilment 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 eg. Six freedoms that are
enumerated under the right to liberty forbid the State from interfering with the
individual.

EVOLUTION OF HUMAN RIGHTS

The concept of human rights has gradually evolved over the past several centuries.
It is immaterial whether you call these rights as inherent rights fundamental rights
or by some other name. Human rights as conceived in the last few decades of the
twentieth century are justiciable claims on behalf of all men to corporate action.
They are owned to the individual by the state as well as by the organized social and
economic groups which are the centre of power and authority

The genesis of the concept of human rights can be traced to the emergence of the
classical liberalism. Classical liberalism made a passionate defence of the principles
like competitive individualism, private property market ethics etc. It cherishes the
legalization of individual liberty, its development and human progress through the
functioning of the above principles. The idea of the rule of law, limited government
and individualism characterized the seventeenth and eighteenth century anti-
nationalist school of political liberalism.

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There is no clear-cut theory regarding the origin of human right. There exist
different viewpoints regarding the origin of human right. Some scholars trace the
origin of human rights to religious tradition. Another argument is that human right
is highly indebted to the enlightenment. The necessary condition for enlightenment,
which combined to bring an end to the Middle Ages in Europe, includes scientific
revolution, rise of mercantilism, launching of maritime exploration of the globe, the
consolidation of the nation states and emergence of middle class. All these
contributed the development of human rights.

It is also said that the roots of the rights can be traced in the Babylonian Law.
Babylonian king Hammurabi issued a set of laws called Hammurabi’s code. In India
the dharma of Vedic period created the moral basis for human rights. Human rights
are also based on the concept of Natural Law and Natural Rights.

The origin of the concept of natural law can be traced to the stoics. Stoic thinkers
postulated a cosmopolitan philosophy, guided by the principle of equality of all men
and universal application of natural law based on reason. In the evolution of human
rights this concept of natural law played a prominent role. Cicero was the strong
supporter of the stoic theory of natural law. Romans applied the stoic concept of
natural law in the formation of body of legal rules for the administration of justice.
They developed this body of rules on the basis of customs and by the application of
reason.

The concept of human right was conspicuous in ancient Greece and in India. The
ancient Kings in India cared for the welfare of the people. The rights of people are
mainly recognized and protected by moral and spiritual dictates and the whole thing
got derived from natural law which was the ruling law

In the evolution of human rights, the modern school of natural law, led by Hugo
Grotius made great contributions. He made natural law and that natural law theory
got transformed into the natural rights theory.

• Natural Rights Theory

Proponents of natural rights explained that natural rights are rights belonging to a
person by nature and because he was a human being, not by virtue of his citizenship
in a particular country or membership in a particular religious or ethnic group.
Thomas Hobbes (1588- 1679), John Locke (1632-1704), Jean Jacques Rousseau (1712-
1778) are the three main thinkers who developed the natural rights theory. John
Locke who urged that certain rights are ‘natural’ to individuals as human beings,
having existed even in the ‘state of nature’ before the development of the societies
and emergence of the state. Rousseau is regarded as the greatest master of Natural
Law School. He proclaimed that men are bestowed with inalienable rights of liberty,
equality and fraternity. His concepts became the basis for the French Declaration of
the Rights of Man and of the citizen. The American Independence Movement of 1776
and the French Revolution of 1789 were inspired by the ideal of natural rights and

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both movements were sought to challenge governments that curtailed the natural
rights of the people.

In addition to the contributions of the above three thinkers, we may make a mention
of Thomas Paine (1731-1809). Thomas Paine, an American revolutionary thinker
developed the doctrine of natural rights without linking it to Rousseau’s social
contract theory. He held that rights are natural because they were bestowed upon
man by God himself.

• Development of Human Rights

The human rights which we are enjoying today is developed though varies stages.
The important landmarks in the development of human rights are the following
documents and struggles:

• Magna Carta of 1215

• Influence of Social Contract Theory
• English Bill of Rights of 1689
• American Declaration of Independence of 1776
• American Bill of Rights of 1791
• French Declaration of the Rights of Man of 1789
• The Bolshevik Revolution of Russia of 1917
• Universal Declaration of Human Rights of 1948
• International Covenants on Human rights.

Each of these declarations and the movement referred above, have made important
contributions in advancing the concept of human rights. However, being product of
their own time and specific circumstances, they lack totality of concept and were
narrow in their scope and application. For instance, in the Greek political system,
rights existed only for the ‘citizens’ and not for the majority who were referred to
as “aliens” and “slaves”. Magna Carta yield certain concessions only for the feudal
lords (not for common man), though it set limitation to arbitrary rule and laid the
foundation for the rule of law. The American Declaration followed by constitutional
amendments or Bill of Rights contain fairly exhaustive guarantees for the rights of
man. But in practice their application was largely confined to those who constituted
what was abbreviated as WASP (white, Anglo-Saxon, and protestant). Slavery
continued to be a part of system; the blacks of African origin were referred to as
“Negro” not as man. It was in 1864 that slavery in America was legally abolished
after a bitter civil war which threatened the unity of the United States.

While American and the French Declarations set the seal on the basic principles of
freedom of thought, human dignity and democratic government, the countries
undergoing rapid industrialization has experiencing the need for more social justice
and economic security. The Bolshevik Revolution in Russia (1917) went a step
further. It emphasized that economic and social rights were as important as the civil
and political rights.

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History of Human Rights in India

Evolution of Human Rights in India can be traced back to the fifteenth century B.C
from Vedas. It is to be noticed that India embedded the concept of human rights
from the time immemorial and the same rights were discovered by the west later.
The wide range of stories and judicial pronouncement showed the concept of human
rights and in Vedic period human rights were deemed to be “equality”.

• Ancient Period

There are several Vedas which throw light on human rights. The famous Vedic
quote “let everyone be happy, let everyone free from all ills” which expected the
king not only to protect the lives of the people also to promote human well-being
and prosperity. Kautilya had pleaded with the king to protect the rights of the
people and also the dignity of the people. Arthasastra not only dealt with civil and
political rights formulated by Manu but also included several economic rights for the
people.

Buddhism and Jainism protected the moral order and dignity of the people. After
Buddha, Ashoka policy of non-violence made him protect the Human rights which
include equality, fraternity, happiness and liberty of the individuals. People enjoyed
many rights in the Hindu Empire. Ashoka secured freedom from hunger, disease,
deprivation and prohibit torture and inhuman treatment of the prisoners.

The ancient period developed the common ideas to enlarge unity and harmony
irrespective of race, colour, language, religion, gender etc. Most of the Vedas and
Smritis stated that the whole world was one family. The ancient jurisprudence
abundantly encouraged freedom, equality and liberty for all people.

• Medieval India

Medieval India was popularly known as the Muslim period or Muslim era. During
the Pre-Mughal period, Hindus were forced to adopt their culture and religious
practices. But, in later Muslim period it is considerably changed and modified to its
form. During the rule of Akbar, the great, he brought many changes towards the
Hindus to practice their own religion. It can be clearly seen that “Human Right policy
of universal reconciliation and tolerance” was followed by the ruler and the same
was followed by his son Jahangir.

The right of an accused to be released on bail existed during the Mughal period,
similarly, the accused can be acquitted on the benefit of the doubt. Bhakti
movement emerged in India, it regenerated truth, righteousness, justice and
morality.

• British Period

The modern developments of human rights in India emerged during the British
period. The torture made by the British against Indians induced the Indians to protest

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against the rule of Britishers and encouraged the freedom fighters for the freedom
movement to safeguard their liberties and fundamental rights and freedoms. The
national movement emphasised by Gandhiji not only to free India from foreign rule
but also to abolish the practice of Sati, untouchability, Harijan’s rights etc.

The movement is for the fundamental freedom and civil and political rights for the
people. The objective of the Indian national congress, in the beginning, is to secure
liberties, human rights of non-discrimination on grounds of race, colour etc.

Raja Ram Mohan Roy and Ishwar Chandra Vidyasagar stood against the violence
against women in India including ‘sati pratha’, child marriage and other outbreaks
of violence. They criticised discrimination made against women. Vidyasagar took
several efforts to remove legal obstacles for widow remarriage through legislation
in 1856 and also played a vital role in promoting education for girl children.

Gandhiji launched Non-violent struggle to emphasise self-governance and

fundamental laws for themselves. Jyotiba Phule founded “satyashodhak samaj” to
ensure equality among the oppressed class and promote the education of girls.
Likewise, Arya samaj and Ramakrishna mission in 1899 were struggling for promoting
education for all the sections of the society. Human rights and basic fundamental
freedoms are the only things for the Indians to fight against the Britishers.

The proclamation of Queen Victoria on 1st November 1858 declared the secular
nature of the state and non-interference in religious practices.

In the Constitution of India Bill 1895, the Indian national congress demanded to insert
basic human rights for the people including freedom of speech and expression, right
to equality, right to free education etc. Indian National Congress in 1927 set up a
committee to draft “Swaraj Constitution” on the basis of the declaration of rights.

In 1927, a committee was set up under the chairmanship of Pt. Motilal Nehru. The
committee suggested 19 fundamental rights be incorporated in the constitution of
India. The Constitution of India 1950 incorporated 10 fundamental rights suggested
under the committee. In 1946 Jawaharlal Nehru passed the objective resolution
which contained most of the human rights and it guaranteed safeguard for
minorities, backward classes, tribal people, oppressed and other classes in the
country.

In 1945, Sapru committee asked for the written codes for fundamental rights and
after several debates, the fundamental rights and directive principles of state policy
were incorporated in the Indian constitution.

India got its independence on August 15, 1947, but it was incomplete and on 10th
December 1948, when the constitution of India was in making the Universal
Declaration of Human Rights was adopted.

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Classification of Human Rights

Human rights are generally classified into three. They are;

1. The First-Generation Rights

2. The Second-Generation Rights
3. The Third-Generation Rights

Some Human Rights have evolved and developed as a reaction to oppressive

institutions, policies and practices of the rulers. These are the first-generation
rights. The second and third generation rights are concerned to be responses to the
economic and political oppression that was the by-product of colonialism and
industrial capitalism. Karel Vasek, a former director of Human Rights and Peace
Division of the UNESCO was the major proponent of the classification of rights in to
three generations. He stated that civil and political rights constitute the first-
generation rights. Social, economic and cultural rights constitute the second-
generation rights. The group rights, such as the right to development and
environmental rights formed the third generation of rights.

The first-generation rights i.e., civil and political rights provide for certain basic
Rights guarantees for an individual in relation to state; they involve the inviolability
of the individual against any invasive action by the state. These are distinct from
second generation rights, which generally require action by the state to provide
certain basic needs or amenities to the individual. In other words, civil and political
rights demand freedom from coercive action by the state against an individual; while
economic, social and cultural rights necessitate certain actions and provisions by the
state in order for it to fulfil its obligations.

First generation articles are included in the Articles 3 to 21 of the UDHR while Article
22 to 27 deal with second generation rights.

Demands have come from some developing countries to focus on some group rights,
as it is claimed that their societies are less individualistic than western countries.
Consequently, third generation rights have been developed to provide for the
relation between individuals and the state. Third generation Rights include: the right
to self-determination, right to development, right to participate in and benefit from
the common heritage of mankind and the right to a healthy environment; amongst
many other collective rights.

Civil and political rights cannot be enjoyed in the absence of basic social economic
and cultural rights. The interdependence of the rights must be acknowledged and
provided for so as to ensure a better life. In short, we can say that first generation
rights are related to liberty; second generation rights to equality; and third
generation rights are related to fraternity.

The World Conference on Human Rights of 1993, proclaimed the Vienna Declaration
and Programme of Action. That declaration asserted that ‘all human rights are

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universal, indivisible, interdependent, and inter-related. The declaration also stated

that human rights and fundamental freedom would have to be respected and
promoted by all states irrespective of their political, economic and cultural systems.
In the international level, under the initiatives of the UN different Covenants were
signed to maintain the different categories of rights. They are:

The International Covenant on Civil and Political Rights

The UN prepared International Covenant on Civil and Political Right in 1966, contains
a lot of civil and political rights. The various rights contained in this covenant are,
mainly civil and political rights, which are not new rights. These are the rights that
had; developed in course of a long period of time since the time of Greek city states
and concretized in the form of Magna Carta of 1215, the Bill of Rights of the
American Declaration of Independence and the French Declaration of the rights of
man and of the citizen. These rights were also included in the European Convention
on Human Rights and in Inter- American and African instruments. It also manifested
in the constitutions of many countries.

The International Covenant on Economic Social and Cultural Rights

The international covenant on economic social and cultural rights signed in 1966.
These are Second Generation rights. As the main source of the origin of the civil
and political rights is considered to be the American and French revolution so
economic and social rights are considered to be originated in the Russian Revolution
of 1917 and in the Paris peace conference of [Link] significance of the Paris peace
conference was the establishment of the International Labour Organization which
laid emphasis upon the concept of social justice by proclaiming that “ peace can be
established only if it is based upon social justice.”, and that “the failure of any
nation to adopt humane conditions of labour is an obstacle in the way of other
nations which desire to improve the conditions in their own countries”. The former
American President Roosevelt was the first man who put a hope for an instrument
dealing with the economic and social rights. In his message to congress in 1944,
President Roosevelt referred to the four essential freedoms, i.e.

• freedom of speech and expression,

• freedom of any person to worship in his own way,
• freedom from want,
• freedom from fear to which he looked forward as the foundation of future
world.’

Freedom from ‘want’ it may be argued, formed the basis on which the concept of
economic and social rights was formulated. He stated that “people who are hungry
and out of job are the stuff of which dictatorships are made”. In his opinion, true
individual freedom cannot exist without economic security and independence.

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Collective Rights –Third Generation Human Rights

Louis B Sohn has argued that individuals are also members of such units, groups or
communities as a family, religious community, social club trade union, professional
association, racial group, people, nation and state. Therefore, that international
law not only recognizes inalienable rights of individuals but also recognize certain
collective rights exercised jointly by individuals who are grouped in to larger
communities including people and nation. Karel Vasak says the collective rights can
be realized only “through the concerted efforts of all the actors on the social scene;
the individual, the state, public and private bodies and the international
community”. The effective exercise of collective rights is a precondition to the
exercise of other rights political or economic or both. The most cherished belonging
to the third-generation rights is the right to self-determination, the right to
development and right to peace.

APPROACHES TO HUMAN RIGHTS.

Approaches are the method for analysing the concept. Approaches are the analyses
of any idea or social phenomena by the use of a particular theory or intellectual
principles. Historical background, social cultural conditions, social and economic
system, ideology, government and its relations to the people all these considerably
influenced in the origin and development of the human rights. There are mainly
three approaches to the study of human rights. They are:

• Western or Liberal approach.

• Marxian or Socialist approach.
• Third World approach.

Western or Liberal Approach

The Western approach is also known as the liberal democratic approach. It is based
on the idea of liberalism which defences the principles of competitive individualism,
private property, and market ethics. It cherishes the individual liberty, development
and human progress through the functioning of the above principles. The liberal
approach is based on the natural law and natural rights view of human rights. The
advocates of liberal approach agree with the Locke’s understanding on the natural
rights of life, liberty and property. They argue the duty of the government is just to
maintain law and order so that everybody will get a chance to enjoy their rights.
Liberal approach prefers a minimum or night watchman state.

Thomas Hobbes, John Locke, J.S, Mill were the ardent advocates of the liberal
approach. The main principles of the liberal approach are the personal liberty,
private property, open market, open competition; It laid emphasis for the creation
of a good society and state based on personal liberty.
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Characteristics

• It gave more importance to the individual liberty. It also laid stress on the
Civil and Political Rights.
• The civil rights are made by the state and implemented through the laws
made by the state.
• Those who are not ready to obey these laws, shall be punished,
• Rights are person centred and useful for creating a welfare state.
• It believes in an economic system where there is free trade commerce and
competition.
• It states that rights are static not changes.
• The liberal approach is against the important human right principles like
economic equality and social justice.
• Every individual has the natural and inalienable rights

The liberal approach was subject to severe criticism by the conservatives, who
considers the natural rights as a useless metaphysical abstraction. They argued that
the real right of men was social not natural. It also criticized by the universalism of
natural rights theory, for its failure take into account national and cultural diversity.
Utilitarian only recognized legal rights, thereby denounce natural rights theory.
Marxist criticized liberal approach because for considering man has a being separate
from community and nature which man has an instinctive relationship and for its
unconditional support for the right to private property.

Marxian or Socialist Approach

The Marxist approach of the human rights can be seen in the writings of Karl Marx,
the Engels and Lenin. The Marxian approach gives more importance to the social
rights than the individual rights. It states that the personality development is
possible only through the society. Therefore, more importance should be given to
the social rights rather than the individual rights. Therefore, the duty of the state
is to guarantee the civil and economic rights to its citizens. According to Marx
personal rights and personal liberty makes a man more selfish and exclude him from
the society. Therefore, social rights should be given priority.

The developing and underdeveloped nations believe in the Marxian approach to the
human rights. According to Marx natural rights are not seen in history therefore they
are the creation of the human mind. The natural right theory is made for the
protection of the interest of the bourgeoisie. Marx state that man is a social animal
and therefore they should utilize their abilities qualities and work for the society.
To achieve the social good the people should do their duties and responsibility to
the society. At the same time, it is the duty of the state to provide social welfare
and development to the people.

Marx maintained that inequality existing in the society due to the existence of the
classes. In a capitalist society, there is no equal enjoyment of rights. The capitalist

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will enjoy all the rights and majority working class is deprived of the rights and they
are exploited. Therefore, only in a classless society the people can enjoy the rights
in its full meaning. The rights can be existing and succeed in a society where there
is social economic liberty and equality. The marginalized section can prevent the
exploitation and develop their condition through creation of new rights in the
society.

The Marxian approach does not consider religion, culture, morality, customs
traditions etc. as integral components of human rights. They argue that full
realization of individual’s development is possible only within the context of society.
The approach envisages freedom as freedom through the society not freedom from
the society. The importance of the Marxist approach is that it emphasized that socio,
economic rights in a society. The important criticism against this theory is that it
gives emphasis on society rather than the individuals.

Third World Approach

The approach of the Third World countries on human rights was not very different
from the western concept. But since most of the Afro-Asian, Latin American
countries were under colonial rule there were human rights violations in that part
of the world. The nationalist movements in all these countries were for the
protection of their basic rights. Among the Third World countries, India was the
pioneer in the formulation of the concept of the human rights. In India a large
section of people such as Harijans, Girijans and landless labours have not only
suffered economic exploitation but have been subjected to all sorts of exploitation.
However, with the independence of the country, the framers of the constitution
formulated programmes for the welfare of those who were neglected.

The Third World countries never agree with the universality of the human rights.
They believe that the universality of the human right is the impositions of the
western countries. They give importance to state since the people relay on state for
the fulfilment of their basic needs. This approach considers rights as culturally
relative, not as universalistic. The third world countries have their own problems,
values and culture. Therefore, they give more importance to the socio- economic
equality and development. For this purpose, they believe the individual liberty may
be limited.

The diverse socio-cultural matrix of developing countries does not permit them to
approach the promotion and protection of human rights in a through and unified
way. The developing countries are faced with tremendous problems of state
building, economic reconstruction and regional, sub regional and ethnic conflicts.
These conflicts are making threats to the nation. Even with the third world there
remains a sharp disagreement on the exact scope and nature of the basic human
rights and on the treatment of the substantive human rights and the methodology of
protecting the human rights. Human rights are illusory to the large sections of
populations of the third world countries. In the process of pursuing socio-economic

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goals the developing countries do not show the desired respect to civil and political
rights.

In the Third World, the perspective applied to each concept and reality of human
rights varied with prevailing social philosophy, culture, ideology and historical
tradition. Understandably in the case of former colonies the emphasis will lie as
much on civil and political rights and the third-generation rights, with a somewhat
decisive inclination in favour of community interest, where in the context of
community interest, where social and economic progress and development are
regarded as of primary importance.

Human Rights violation is a common feature in most of the third world countries.
The criminalization of politics and lack of accountability has become common in
these countries. The brutalization of state power is reflected in the form of state
repression. Judiciary, press, human rights activists and non-governmental
organization etc. gives some relief to the people. There is an extremely close nexus
between human rights and peace, freedom national self-determination economic
cultural and technological development.

Third world approach theory believes in the Human Rights Trade Off theory and gives
primary to economic development over human rights. The theory stands to postpone
human rights for the sake of development. The slogan of the third word is that
“development first and rights second”. The argument is that human rights can be
realized in the long run, if we dedicate the short run to development. So, the states
are blind towards the grave human rights violation persuaded in the name of
development. The negative response of the Indian state towards the Narmada
Bachavo Andolon, a movement for protecting the rights of the marginalized who are
the victims of the development project is an example to show the third world’s
approach to human rights.

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