12 CORE COURSE -PAPER IX - PS.5 B03.

EVOLUTION OF HUMAN RIGHTS

The idea of Human Rights is as old as social life itself. Even
from the ancient time it was recognized that for human life,
values are essential. Isolate these values and living becomes
meaningless. Among values which a man cherishes most are
rights, which he can enjoy as an individual. In the recorded
history ofmankind, he has fought for these rights whenever they
have been challenged. Let us examine the various stages in the
evolution of Human Rights.
1. Origin of Human Rights- The roots of the rights of
man can be traced to as far back as the Babylonian laws.
Babilonian King Hummurabi issued a set of laws called
Hammurabe's codes. In India, the Dharma of Vedic period
created the moral basis for human rights. Human Rights are
also based on the philosophical concepts of "natural law"
and "natural rights". The origin of the concept of natural
law can be traced to the stoics. In the evolution of human
rights this concept of natural law played a prominent role.
The concept of human rights were conspietdus in ancient
Greece and India. In Greek city states there was freedom
of speech and also equality before law. In ancient India
even the King was not considered to be above law.
The King
was enjoined upon to look after the welfare of his
people
and guaranteed them some rights.The epic
'Ramayana
narrates that even the lowest of low' had a right to criticize
the King with impunity. In the epic 'Mahabharath, revolt
against the King was treated justified(The Vedic Rishis
always prayed for the well being of everyone in
society
The Rishis conceived the whole world as one family. The
ancient Kings in India cared for the welfare of their
people.
The rights of people were mainly recognized
and protected
by moral and spiritual dictates and the whole thing got
derived from natural law which was the
ruling law
 HUMAN RIGHTS 13

In the evolution of human rights, the modern school of

natural law led by Hugo Grotius (1583-1645) a Dutch jurist,
made great contributions. He made natural law a product
of enlightened rational thoughts. The natural law theory
got transformed into the natural rights theory.
2.
2. Natural Rights Theory:. Thomas Hobbes (1588-1679),

John Locke (1632-1704), Jean Jacques Rousseau (1712-

the
1778) are the three main thinkers who developed
natural rights theory. Rousseau is regarded as the greatest

master of natural law school. He proclaimed that men are

bestowed with inalienable rights of liberty, equality and
the French
fraternity. These concepts became the basis for
declaration of the Rights of Man and of the citizen.

above three
In addition to the contributions of the
we may make a mention of Thomas
Paine (1731-
thinkers,
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 bestowd upon man by God
himself.)
Human Rights:- Today talks of
no one
3. Development of
natural rights. The reference is always to human rights.
So
Human Rights change from generation to generation.
action has been
they can be enjoyed only when specific
taken to promote them.

LANDMARKS IN THE DEVELOPMENT OF HUMAN

RIGHTS:
The important landmarks on man's approach to his rights
are asfollows:

a) The Magna Carts o 1215

b) English Bill of Rights /689
 14
cORE COURSE PAPER -PS5
Fmt do cana.
BO03
Þrnaple t a
m6 American Declaration of
Independence wA hota
(791 American Bill of Rights
French Declaration of
Rights of Man and of the Citizen
14 Universal Declaration of Human
Rights
g International Covenants on Human Rights.
1 The Magna Carta:- The human rights were
well-defined manner for the first time theexpressed in a
(or the Great Charter). The main themeby Magna Carta
of the Magna Carta
was
protection against the arbitrary acts by the
charter guaranteed basic civil King.
63 clauses of the The
abso l posen rights to citizens, and protected the barons and legal
taxes. The King was from unjust
compelled
because the barons refused to
to grant the charter,
pay heavy taxes unless the
King signed the charter.
2 The English Bill of
Rights:- By the end of the 17t
the British Parliament
declared its supremacy over century,
Crown in clear terms. The the
the Parliament on 16h English Bill of Rights
(enacted by
December 1689) declared that the
King has no overriding
authority.
3 American Declaration of
colonies to revolt Independence: The first
against the motherland England
were the thirteen
-

States of America. These

independence from their mother country onStates declared
4h July
The U.S. Bill of 17L
on 17th
Rights:- The U.S. Constitution became law
September 1787. However, the main defect of this
constitution was the omission of a
Bill of Rights. James
Madison proposed as
many as twelve amendments in the
form of a Bill of
State legislatures.
Rights. Ten of these were ratified by the
These ten constitutional amendments
came to be known as
the Billof Rights.
 HUMAN RIGHTS
np wt Rights
ofMan
and ofs
Tho
ofthe revolution. he
Declaration French
of the the 4h
the nightof
Frehch
The was a
product
1789. On
bo citizen:
This
c l i m a x in the
ancient

reached its swept away

revolution Assembly abolished
National and
1789, the and the
clergy, was
August nobility revolution

of the of the
privileges The slogan
feudalism
and serfdom.
fraternity.
liberty,equality
and 17th August
1789,
citizen:- On
Man and of the of Man and of
Rights of the Rights
proclaimed
the National
Assembly
f o r m u l a t e d in
17 articles.
were
citizen. The rights Human
the Rights:-The
Declaration ofHuman Charter
6.
6.
TheUniversal
terms till the U.N.
expressed in pious Charter
contains
Rights were 1945. The U.N.
into force on 26th June humann
came of
promotion and protection
the
provisions for charter lies in the
fact that
importance of the
rights. The document which
recognized
first international
it was the freedom.i
for human rights and fundamental
respect
Universal Declaration of Human
the
7. Adoption of Human Rights was
The Universal Declaration on
Rights:-
of the United Nations on
adopted by the General Assembly
1948. The declaration is not a legally binding
10th December of
document. It is an ideal for allmankind. In the words
standard of
Eleanor Roosevelt,
it proclaims "a c o m m o n
and all nations". In its final
achievement for all people
list of civil, political, economic, social
form,it comprises ofa entitled.
and cultural rights to which all persons are
on Human Rights:- To meet the
8. International Covenants
two international
demand for a legally binding document,
16th
approved by the General Assembly
on
covenants were
on
are (1) International covenant
December 1966. These
and (2) International covenant on
civil and political rights
econdmic, sociaB and eulturalrights.
 Caiwt r
16 CORE COURSE - PAPER IX- PS.5 BO3.
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DHR&phts
Optional Protocols:- There are two optional protocols to
the international covenant on civil and political rights. The
two international covenants, together with the universal
declaration and the optional protocols, comprise the
international bill of Human Rights. Thus, international
bill of Human Rights is a collective term for four
major international instrument. The international bill
of Human' Rights represents a milestone in the
history
of Human Rights. It is a modern Magna Carta of Human
Rights.
IMPORTANCE OF HUMAN RIGHTS
Over the past sixty years, the individual human being has
gradually acquired an increasing number of internationally
recognized human rights and obligations. It has been appreciated
greatly that without human rights, humanity can not progress.
The twentieth century witnessed mass deprivation of human
values and rights in the two world wars and also in several
local wars thereafter. In the later part of the twentieth
century
there has been an upsurge of not only specific recognition of
civil liberty within the nation but also on international
plane.
The political movement in the wake of industrial revolution
of Europe and general wave of freedom movement in 19th
and 20th centuries culminated in the laying of foundation.for
making the Universal Declaration of Human Rights by the
United Nations General Assembly in 1948. The United Nations
charter has declared that the purpose of United Nations is "to
achieve international co-operation in solving international
problems of an economic, social, cultural or humanitarian
character and in promoting and encouraging respect for
human rights and for fundamental freedom for all without
distinction as to races, sex, language or religion". On the
national level, the experience of more than six decades of the
working of the Indian Constitution has reinforced the idea
 HUMAN RIGHTS | 17
of human rights including civil liberties as being
In our constitution the sacrosanct.
as "fundamental
political and civil rights are termed
rights and enshrined in part III which
includes (1) right to equality (2)
to life and
right to freedom (3) right
personal liberty (4) right to freedom of religion
(5) cultural and educational rights (6)
right to property
(the 44th amendment has deleted this right and re-enacted
it in Article 300A as
constitutional right) (7) right against
exploitation and (8) right to constitutional remedies.
Essentially, the concept of human rights underlines the
point that every human being is entitled to enjoy certain basic
conditions of civilized life irrespective of the socio-economic
and political system he lives in. In the life of
every individual
there is a core element without which, human life
would have
no meaning. This core element constitutes human
rights.
Human rights are in the first instance, moral
rights and they
derive their strength on ethical grounds. Human rights are
inconceivable without the primary right of freedom ofthought
and expression, which recognizes dignity and individuality of
every human and derives its justifiability from moral and ethical
considerations. The very concept of human rights embodies the
essence of human values and values of any civilized society. The
protection of human values can not be properly performed with
the help of law courts and police unless the "value system" of
the society are conducive to pay proper respect to human dignity
and basic human rights.
The 'core' human rights include (1) the right to respect for
human life and dignity (2) the prohibition of serfdom, slavery,
bonded labour and torture (3) the protection from arbitrary
deprivation of liberty and (5) the prohibition of discrimination
based on racist, religious, casteist or similar reasons. There
should be no compromise on the point of observing and
protecting these 'core' human rights, irrespective of the nature