UNIVERSITY OF CALCUTTA
NAME: Ritoraj Mukherjee
College Roll No.: 74
University Roll no.: L02/LLB/201199
University Registration Number: L02-1111-0066-20
Examination: B.A L.L. B (5 YEARS COURSE)
Subject: Human Rights Law and Practice
Paper: IV
Semester: VIII
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Human Rights Law and Practice
Project: Historical Development of Human Rights Law
Index Table
❖ What are Human Rights?
❖ Evolution and Historical Development of
Human Rights
❖ Early Philosophical and Religious
Foundations
❖ Medieval Contributions
❖ 19th and Early 20th Century
Developments
❖ The United Nations and the Universal
Declaration of Human Rights
❖ Post-UDHR Developments in India
❖ Contemporary Challenges and Future
Directions
❖ Conclusion
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What are 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:
1. Universality and Inalienability: Human rights apply to everyone, everywhere and
cannot be taken away, except in specific situations according to due process.
2. 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.
3. Equality and Non-discrimination: Every individual is entitled to human rights
without discrimination of any kind.
4. 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.
5. 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.
Evolution and Historical Development 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.
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Early Philosophical and Religious Foundations
The roots of human rights can be traced back to ancient civilisations 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 emphasised 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.
Medieval Contributions
During the medieval period, the notion of human rights continued to evolve, particularly
through the influence of religious and philosophical thought. The Magna Carta, signed in
1215, is a landmark document in this regard. Although primarily a political agreement
between King John of England and his barons, the Magna Carta enshrined certain
fundamental liberties, such as the right to a fair trial and protection from arbitrary
imprisonment.
Theologians like Thomas Aquinas further developed the concept of natural law during this
period. Aquinas argued that human beings possess inherent rights derived from divine law,
which should inform the laws created by human societies. His work provided a moral
foundation for the later development of human rights theories.
In India, the medieval period saw the influence of Islamic jurisprudence with the
establishment of various Sultanates and the Mughal Empire. The principles of justice and
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protection of individual rights under Islamic law contributed to the region’s legal and human
rights traditions. Akbar the Great, a Mughal emperor, implemented policies of religious
tolerance and promoted social reforms that emphasised the protection of individual rights
and freedoms.
The Enlightenment and the Birth of Modern Human Rights
The Enlightenment era (17th and 18th centuries) marked a pivotal shift in the development
of human rights. Philosophers such as John Locke, Jean-Jacques Rousseau and Voltaire
championed individual liberties and the idea of social contracts. Locke’s theories of natural
rights, including the right to life, liberty and property, were particularly influential.
The American Declaration of Independence (1776) and the French Declaration of the Rights
of Man and of the Citisen (1789) were revolutionary documents that enshrined these
Enlightenment principles. They articulated the belief that all individuals possess inherent
rights that governments must respect and protect. These declarations laid the groundwork
for modern constitutional democracies and the rule of law.
19th and Early 20th Century Developments
The 19th and early 20th centuries witnessed significant advancements in the recognition
and protection of human rights. The abolition of slavery, driven by moral and humanitarian
arguments, was an important milestone. The 13th Amendment to the United States
Constitution (1865) and the Slavery Abolition Act in the British Empire (1833) exemplified
this progress.
Simultaneously, the labour movement emerged, advocating for workers’ rights and better
working conditions. This period also saw the women’s suffrage movement gain momentum,
culminating in the 19th Amendment to the U.S. Constitution (1920) and the Representation
of the People Act in the UK (1918), granting women the right to vote.
The horrors of World War I and the subsequent formation of the League of Nations further
highlighted the need for international cooperation to protect human rights. Although the
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League’s Covenant did not explicitly mention human rights, it established principles of
justice and respect for international obligations.
In India, the 19th and early 20th centuries were marked by the struggle against British
colonial rule and the quest for independence. Leaders like Mahatma Gandhi emphasised
non-violence and civil disobedience as means to achieve political and social rights. The
Indian National Congress, founded in 1885, played a pivotal role in mobilising the masses
and advocating for civil liberties and political rights.
The United Nations and the Universal Declaration of Human Rights
The aftermath of World War II and the Holocaust underscored the urgent need for a global
framework to protect human rights. The founding of the United Nations (UN) in 1945
marked a significant step toward this goal. The UN Charter affirmed the organisation’s
commitment to promoting human rights and fundamental freedoms for all.
In 1948, the UN General Assembly adopted the Universal Declaration of Human
Rights (UDHR), a landmark document that enumerates civil, political, economic, social and
cultural rights. Drafted under the leadership of figures such as Eleanor Roosevelt, the UDHR
set a global standard for human rights protection. It proclaimed that “all human beings are
born free and equal in dignity and rights” and outlined specific rights, including the right to
life, liberty and security; freedom of thought, conscience and religion; and the right to work,
education and an adequate standard of living.
India, as a founding member of the United Nations, played an active role in the drafting of
the UDHR. Indian leaders, including Hansa Mehta and M.C. Chagla, contributed significantly
to the formulation of the declaration, ensuring that it reflected a universal and inclusive
vision of human rights.
Post-UDHR Developments in India
The UDHR inspired numerous international treaties and conventions aimed at protecting
human rights. The International Covenant on Civil and Political Rights (ICCPR) and the
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International Covenant on Economic, Social and Cultural Rights (ICESCR), both adopted in
1966, together with the UDHR, form the International Bill of Human Rights.
In India, the adoption of the Constitution in 1950 marked a significant milestone in the
country’s commitment to human rights. The Indian Constitution enshrines fundamental
rights, including the right to equality, freedom of speech and expression, protection from
discrimination and the right to life and personal liberty. These rights are justiciable, meaning
individuals can seek legal redress if their rights are violated.
Several landmark Supreme Court judgments have further strengthened human rights in
India. The Kesavananda Bharati case (1973) established the doctrine of the basic structure
of the Constitution, ensuring that certain fundamental principles cannot be amended.
The Vishaka case (1997) led to guidelines for the prevention of sexual harassment in the
workplace, underscoring the protection of women’s rights.
Contemporary Challenges and Future Directions
Despite significant progress, numerous challenges persist in the realm of human rights, both
globally and in India. Issues such as inequality, discrimination, armed conflicts and
environmental degradation continue to threaten human rights worldwide. Additionally, the
rise of digital technologies and the internet has introduced new complexities, including
concerns about privacy, surveillance and cyber rights.
In India, challenges such as caste-based discrimination, gender inequality, religious
intolerance and violations of the rights of marginalised communities remain pressing issues.
The protection of freedom of speech and expression, as well as the right to privacy, are also
areas of concern.
The ongoing struggle for human rights necessitates a multifaceted approach involving
governments, international organisations, civil society and individuals. Grassroots
movements and advocacy campaigns play a vital role in raising awareness and pushing for
change. The principles of universality, indivisibility and interdependence of human rights
must guide these efforts.
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Conclusion
The evolution and historical development of human rights markes humanity’s recognise for
dignity, justice and equality. From ancient philosophical and religious foundations to the
modern international human rights framework, this journey reflects the collective aspiration
for a world where every individual enjoys fundamental freedoms and protections.
India’s contributions to the development of human rights, through its philosophical
traditions and legal frameworks, add a rich dimension to this narrative. As we navigate
contemporary challenges, the commitment to upholding and advancing human rights
remains as important as ever. By learning from the past and addressing present issues, we
can strive towards a more just and equitable future for all.
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References
• Human Rights Law and Practices by Dr. S.R Myneni
• [Link]
• [Link]
human-rights/
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