Human Rights

Hon. Yogesh Saxena, Advocate, High Court Chamber No. 139, India


The concept of Human rights relates in its immemorial antiquity from the time of inception of the Human being .Human rights advocacy is not an encroachment upon the national sovereignty , but is an ultimate aim of state craft .The rights of men are assets to humanity and a liability of the State. Man has created the concept of state to preserve his natural rights. The journey of human rights jurisprudence could be traced starting from individual liberty and reaching towards the concept of human entitlement. The path of human rights does not run smooth and straight every day we stumble against the irrationality . Reason is rushed to one side and rights are trodden under foot . The idea of universal human rights in under assort from strong cultural political , religious and ethnic pressures , this is because of monstrous fiction which by inspiring false idea and vain expectation into man destined to travel in the obscure walk of laborious life serves only to exaggerate and embitter that real inequity can never be removed .

Society is becoming more complicated. The democracy brings with it evils of its own system . It is difficult to search a really devotes person amongst the majority. Psychological reconciliation amongst fellow citizens to utilise every potential energy and to maintain co-ordination between fellow citizens. Civilisation begins in order , grows with liberty and ultimately perish in chaos , civil liberty are better and save as long as its enforcement do not bother others existence . Administrative system and judicial institutions are considered for vacillation of the purposes. There is always a conflict between opinion and rivalry of the interest. Time has come to expose the falsehood and fallacies through discussions in order to avert its global devolution. The remedy is speech, not enforced silence. The ship of progress is equipped with moral strength. We cannot remain silent spectator by observing the gradual disintegration of every institution in a democratic society. However , our potential will prove the power to save them and to resist against evil disasters . There is no steady advance towards higher condition of progress. The opinion persists to subordinate personal interest to social interest as the vested interest are always motivated to usurp power through any means even at the cost of its own interest. Sincerity is now slave of destructive activities and human rights are passing through the state of psychological retardation. Attitude of the public is mainly consist of denouncing the receptive norms. Moral damage is more terrible. The individual human rights enforcement is inadequately persists and thus the existing remedies are required to fresh appraisal. The entire fabric of the society is scattered and shattered , which is existing with galloping corruption. The proper assessment of legal and social condition is essential. Reason obeys itself while ignorance submits to whatever is dictated to it . Freedom does not mean abuse nor liberty is a license . The survival of the human rights and individual freedom requires obedience, endeavour, honesty , truthfulness, sacrifice , discipline and character . Implementation of the strong idea requires steadfast wisdom. Such idea should burst every chain , which tends to paralyse its efforts to push forward. Most of the people tends to see nothing nor inclined to observe. They do not take the notice of evil consequences as the simplest and the cheapest attitude is apathy. The ensuring success is mostly understood at the beginning due to strong contrast of public opinion.

The concept of fundamental law and fundamental rights are the of spring of the natural rights . This stands above the positive Las created by the political sovereign . The philosophical foundation of Human right has got tremendous power and vigour . Human rights is legitimacy of democratic political order which is enshrined in most of the constitution of different countries. Rene cassin at Colloguim has defined Human rights as “the science of human rights relates in the light of human dignity for the full advancement and development of personality of human being . Thus the human rights are such written instructions which starts from Magna-Charta -1215 , Petition of rights -1688. The French declaration of rights of citizens -1989 proclaim the natural and imperceptible rights of Man’s liberty ,property, security and resistance to oppression.

The preamble so incorporated has inspired the various constitution of the world to include certain basic human rights through court of law. The object of human rights jurisprudence is to human state agencies and to make state accountable to use of power only for human good . In A.I.R.1957 SC page 620 it has been laid down that human rights have always under pinned the common wealth. The evolution of empire into commonwealth was itself a testimony of most basic human rights -self determination .

The powerful repudiation due to the diversification from the sense of family concept between people has become one of the major threat to human rights and they have transcending the difference of race religion , language and culture . In Canada under section 11 there is right of the citizens against ex-post-facto law. In China 1982 under 42 there is the incorporation of the rights to work while in U.S.S.R 1977 under Article 75 -2 there is the right to protection by the courts against encroachment on the citizen owner and reputation along with other rights . In west Germany the citizens has right to development of personality under section 2 (1) of their constitutional -1949. These rights although being recognised on principle under the ambit of the expression life , but they are still not been recognised as that of fundamental rights under our constitution . These rights are required to be effectively protected to achieve the principles of internationally recognised human rights as to achieve the ultimate goal of rule of law under the society .No society can be considered truly democratic if its citizens are denied possibility of vindicating their legal rights as enshrined under section 2(d) of the Human Rights Act,1993. Human rights reiterated the need to explore the possibility of establishing the promotion and protection of human rights . The attendant special significance after the Vienna convention 1993 by which strong public opinion was created for safeguarding for human rights . Human rights are aspirations of the common people for peaceful coexistence. Iran has set-up on International Islamic human rights commission .

The nature of the crime, the circumstances of the crime should be so revealing that if the criminal is managed to escape , he may provide a great terror to the society and in such circumstances the life imprisonment is not an adequate sentence. In such case , after due care and cautions if the sensitiveness of the crime is accepted by a judge , the death sentence may be awarded. Although , life once lost cannot be brought back up by the human efforts.

In India Human rights group must be created for promotion , prosperity and global stability . The police beatings arrests and execution without trial and mass killing have been reported . This is the crime against humanity , there should be conscious , awareness of such rights amongst have naught and to achieve at the cost of the domestic legislation should be made in conformity with the international standard of such Human rights . The expensive nature of the procedural aspect of praying perform justice is a real stumbling block in achievement of justice.

However, all kinds of courts -even the Supreme Court -sometimes rejecting petition on gross violation of human rights , directly the persons concerned to file individual complaints for alleged offences in the ordinary forums situated in different jurisdictions. One can easily find in almost all the states in the Indian union and in the union itself are of excessive force and preventative steps resulting in death and destruction of ordinary people . Protects and struggle for bringing about social changes which are only natural in an iniquitous system are invariably met by the authorities voluntarily, resulting in violation of the dignity and rights of individuals. It is not therefore surprising that the Director general of Police is trying to justify cover upto the burning down of hamlets of the tribal on the ground of such people giving shelter and good to naxalites.

Human rights dies in harness , but the outcome of the death becomes glory to fortified the concept of Human conscience. An urge may lead to big surge . Hell and heaven both exists in a society only the truth remains without any virtue , not with any voice. It is said that where the science ends , religion begins ; where the religion ends spiritualism starts ; where the spiritualism ends , a reality survives. These are the realities of the life in the process of evolution . the creative acts of the genius are always remain the subject matter of criticism as they are usually confronted with optionally stupidity of other fellow citizens. There is a delicate balance between public duty and personal honour . The numerical majority leads to the destruction of benevolent leadership . The human progress do not originate in the composite brains , but it is by the wisdom of the individual personality .

By destroying nature, environment, man is committing matricide, having in a way killed Mother Earth. Technological excellence, growth of industries, economical gains have led to depletion of natural resources irreversibly. Indifference of the grave consequences, lack of concern and foresight have contributed in large measures to the alarming position. In the case at hand, the alleged victim is the flora and fauna in and around Kudremukh National Park, a part of the Western Gates. The forests in the area are among 18 immediately recognized “Hotspots” for bio-diversity conservation in the world.

‘Environment’ is a difficult word to define. Its normal meaning relates to the surroundings, but obviously that it is a concept which is relatable to whatever object it is which is surrounded. Einstein had once observed, “The environment is everything that is n’t me”. About one and half century ago, in 1854, as the famous story goes the wise Indian Chief of Seattle replied to the offer of the great. White Chief in Washington to by their land. The reply is profound. It is beautiful. It is timeless. It contains the wisdom of the ages. It is first over and the most understanding statement on environment. The whole of it is worth quoting as any extract from it is to destroy its beauty. “How can you buy or sell the sky, the warmth of the land? The idea is strange to us. If we do not own the freshness of the air and the sparkle of the water, how can you buy them?Every part of the earth is sacred to my people. Every shining pine needle, every sandy shore, every mist in the dark woods, every cleaning and humming insect is holy in the memory and experience of my people. The sap which courses through the trees carries the memories of the red man.The white man’s dead forget the country of their birth when they go to walk among the stars. Our dead never forget this beautiful earth, for it mother of the red man. We are part of the earth and it is part of us. The perfumed flowers are our sisters, the horse, the great eagle, these are our brothers. The rocky creats, the juices in the meadows, the body heat of the pony, and man-all belong to the same family.So, when the Great Chief in Washington sends word and he wishes to buy our land, he asks much of us. The Great Chief sends word he will reserve us a place so that we can live comfortably to ourselves. He will be our father and we will be his children. So we will consider your offer to buy our land. But it will not be easy. For this land is sacred to us.This shining water moves is the stream and rivers is not just water but the blood of our ancestors. If we sell you land, you must remember that it is sacred, and you must teach your children that is sacred and that each ghostly reflection in the clear water of the lakes tells of event and memories in the life of people. The water’s murmur is the voice of my father’s father.The rivers are our brothers, they quench our thirst. The river carry our canoes, and feed our must remember, and teach your children, that the river are our brothers, and yours and you must hence forth give the kindness your would give any brother.

We know that the white man does understand our ways. Our portion of land is the same to him as the next, for he is a strange who comes in the night and takes from the land whatever he needs. The earth is not his brother but his enemy and when he has conquered it, he moves on. He leaves his father’s graves behind, and he does not care.There is on quiet place in the white man’s cities. No place to hear the unfurling of leaves in spring or the rustle of in insect’s wings. But perhaps it is because I am a savage and do not understand. The clatter only seems to insult the ears. And what is there in life if a man cannot hear the lonely cry of the whippoorwill or the arguments of the frogs around a pond at night? I am a red man and do not understand. The prefers the soft sound of the wind darting over the face of a pond, and the smell of the wind itself, cleansed by a mid-day rain, or scented with the pinon pine.

The air is precious to the red man, for all things share the same breath-the beast, the tree, the man, they all share the same breath. The white man does not seem to notice the air he breathes. Like a man lying for many days, he is numb to the stench. But if we sell you our land, you must remember that the air is precious to us, that the air shares its spirit with all the life it supports. The wind that gave our grandfather his first breath also receives the last sign. And if we sell you land, you must keep it apart and sacred as a place where even the white man can go to taste the wind that is sweetened by the meadow’s flowers. What a man without beasts? If all the beasts were gone, man would die from a great loneliness of spirit. For whatever happens to the beasts soon happens to man. All things are connected.You must teach your children that the ground beneath their feet is the ashes do our grandfathers, so that they will respect the land. Tell your children that the earth is rich with the lives of our kin. Teach your children what we have taught our children, that the earth is our mother. Whatever befalls the earth befalls the son of the earth. If man spit upon the ground, they spit upon themselves. This we know: The earth does not belong to man, man belongs to the earth. This we know: All things are connected like the blood which unites one family. All things are connected.

Whatever befalls the earth befalls the sons of the earth. Man did not wave the web of life; he is merely a stand in it. Whatever he does to the web he does to himself. Even the white man, whose God walks and talks with him as friend to friend cannot be exempt from the common destiny. We may be brother after all. We shall see. One thing we know, which the white man may one day discover-our God is the same God. You may think now that you own him as you wish to own our land; but you cannot. He is the God man, and his compassion is equal for the red man and the white. This earth is precious to him, and to harm the earth is to heap contempt on the creator. The white too shall pass perhaps sooner than all other tribes. Contaminate your bed and you will one night suffocate in your own waste. But in your perishing you will shine brightly, fried by the strength of the God who brought you this land and for some special purpose gave you dominion over this land and over the red man. That destiny is a mystery to us, for we do not understand when the wild buffaloes are slaughtered, the wild horse are tamed, the secret corners of the forest heavy with scent of many men and the view of the ripe hills blotted by talking wires. Where is the thicket? Gone, where is the eagle? Gone. The end of living and the beginning of survival.” It would be hard find out such dawn to earth description of nature. “Nature hates monopolies and knows no exception. Environment is polycentric and multi-facet problem affecting the human existence. The Stokholm Declaration of United Nation on Human Environment, 1972, reads its Principle No. 3, inter alia, thus:

“Man has the fundamental right to freedom, equality, and adequate condition of life. In an environment of equality that permits a life of dignity and well being and bears a solemn responsibility to protect and improve the environment for present and future generations.”