HUMAN RIGHTS

Lexicon meaning of te term 'human rights' is: "claims asserted or those which should be or sometimes stated to be those which are legally recognised and protected to secure for each individual the fullest and free development of personality and spiritual, moral and other independence". The protection of Human Rights Act, 1993 defines Human Rights as "the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India." Briefly speaking, 'human rights' are globally recognised as those rights of individuals which have been considered to be very basic for their full physical, mental and spiritual development. These rights are derived from the dignity and worth inherent in the human persons. [Valsamma Paul Vs. Cochin University, AIR 1996 SC 1011]. The recognition of these rights has been a result of man's long struggle for the realisation of his human values. The idea of some basic rights of men may be traced in many ancient legal systems. 
In Hindu system of law, which has the oldest pedigree of any known sstem of 'jurisprudence' there was no concept of rights. Law laid down only duties for all classes of men in the society and the ruler. It was called 'dharma'. Everybody including the ruler was bound by 'dharma'. One great function of the ruler of the state was to enforce the observance of law. It incorporates the concept of rule of law. The duties of the king towards his subjects included a number of functions or acts which may be termed as rights of men. These could not be changed by any authority. The State was enjoined to promote security and welfare of all members of society. The idea of equality before law even-handled justice, special protection of women, children and learned men were some of the important features of that system.
In West, the idea of rights of men emerged out of the concept of natural law. The instability of political institutions and frequent changes of governments and arbitrariness tyranny of law in small city States of Greece led the philosophers to think and speak of some immutable and universal principles. They preached "the need of orderly maintaining of a social status quo and of the security of social institutions and sought some theory of authority in an ideal politically organised society. They sought an ideal which would serve for adjusting  relations and ordering conduct by rule and principle and should impose bonds of reason upon those who applied, and upon those who were subject to the rule". The immutable and universal principles conceived by them and believed to be superior to the law of the land were termed as 'nature law'. Subsequently, philosophers in Rome and elsewhere interpreted natural law differently. However, the exisence of a law superior to the law of the land was recognised. In the hands of philosophers of later ages, 'natural law' became the main plank or rights of men. Religion also contributed to the evolution of the idea of rights of men. Jew-philosophy developed the idea of importance of individul. It considered man as an individual with his own mission in life to fulfil. The scriptures set out a moral code. It lays down the principle of brotherhood of men and includes references to personal freedoms. Christianity further developed this philosophy. It preached all men are equal and every person is significant. Every individual has an eternal future and unlimited attainments. God has given to every individual an enormous gift of freedom and wished his full growth and development. These principles are incorporated in the Ten Commandments and in other scriptures. Some principles which state the equality of human being are: "Thou shalt love thy neighbour as thyself". "The stranger that dwelth with you shall be as one born among you and thou shall love him as thyself".
The main human rights can be summed up as follows:

• Right to life, liberty and security of person.
• Right to be not to be held in slavery or servitude.
• Right against subjection to torture or to cruel, inhuman or degrading treatment or punishment.
• Right of equality before law.
• Right to have remedy by the national tribunals for acts violating the fundamental rights.
• Right against arbitrary arrest, detention or exile.
• Right to have equality to a fair and public hearing in civil or criminal matters.
• Right to be presumed innocent until proved guilty according to law.
• Right to be not held guilty under expost  facto penal law.
• Right to privacy, family, home or correspondence.
• Right to freedom of movement and residence within the state.
• Right to a nationality.
• Right to marry and have a family to men and women of full age, without any discrimination and to protection of family.
• Right to own property.
• Right to freedom of thought, conscience and religion.
• Right to freedom of opinion and expression.
• Right to freedom of peaceful association and assemly.
• Right of equal access to public service in one's country.
• Right to social security.
• Right to work.
• Right to equal pay for equal work.
• Right to just and favourable remuneration.
• Right to form and to join trade unions.
• Right to rest and leisure.
• Right to a standard of living.
• Right to education.
• Right to freely participate in the cultural life of the community.
• Right to the protection of the moral and material interests.

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C.S. CHAKRAVARTHY
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Secunderabad-500017,
Andhra Pradesh, India
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