Definitions of Human Rights & Its Enforcement System PART-3

Definitions of Human Rights & Its Enforcement System:- 

In connection with it, The Constitution of India is salient with respect to the definition of Fundamental rights as human rights. In this respect, the definition of human rights has also not been found in the Universal Declaration of Human Rights 1948. But with regard to this, many definitions of Human Rights have been propounded but some major are follows:- Under section 2 (1) (d) of The Protection of Human Rights Act 1993:- Human Rights mean the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution of India or embodied in the International Covenants and enforceable by Courts in India. Hon’ble Justice J.S. Verma, Menka Gandhi v. Union of India:- “All those rights which are essential for the protection and maintenance of dignity of individual and create conditions in which every human being can develop his personality to the fullest extent may be termed human rights” David P. Forsythe:-“However dignity has never been precisely defined on the basis of consensus, but it accords roughly with justice and good society” World Conference on Human Rights Declaration 1993, Vienna: - “All Human Rights derive from the dignity and worth inherent in human person and that the human person is the central subject of human rights and fundamental freedoms” Maurice Cranston:-“Human rights are, therefore those rights which belong to an individual as a consequence of being human as a means to human dignity. These are the rights which all men everywhere at all times ought to have something of which no one may be deprived without a grave affront to justice.” According to Marry Robinson:- the rights of each person relating to their protection of fundamental freedoms and to get the same individually and collectively on National and International level called human rights.

Human Rights means the protection of human values, generally the enjoyment of whole resources as right for the personal development of person are called human rights, before origin of the state human used to claim for personal security of the rights. In today’s context, the state gives security of reasonable opportunity for the human development hence human security is called human rights. Harrald J. Laskee stated that: -the rights are such conditions of social life without the same no person or human can develop generally the personality. Human rights, the right in which we some hope to others and also others some hope to us.

In the atmosphere of hope, all worthwhile rights are the condition of social welfare thus human rights, the rights which are claimed by each person for fulfilling the essential works. The society hopes of such claims. These claims are co-exhaustive of others hence human rights are the social conditions. Justice Holms Explaining the Natural Law said that: -the rights purely are the minimum certain conditions of the statement of inductive, without these we cannot make our life better. Fawcett Explained: -“Human rights’ are sometimes called fundamental rights or basic or natural rights of individuals. As fundamental or basic rights, they are the rights which can not be taken away by any legislative Act of the Government and which are often set out in a Constitution. As natural rights, they are seen as belonging to men and women by their very nature”. Dr. S.K. Kapoor Expressed that:-“Human Rights may be regarded as those fundamental and inalienable rights which are essential for life as human being. Human Rights are the rights which are possessed by every human being, irrespective of his or her nationality, race, religion, sex etc. simply because he or she is a human being. Human Rights thus are those rights which are inherent in our nature and without which we can not live as human being.” Acharya Dr. Durga Das Basu:-“Human Rights are those minimum rights which every individual must have against the state or other public authority by virtue of by being a ‘member of the human family’, irrespective of any other consideration.” Hon’ble Justice J.S. Verma, the Chief Justice of India: -“Human Dignity is the quintessence of Human rights” “Human Rights denote all those rights which are inherent in our nature and without which we can not live as human beings.” In this regard, the Preamble of Universal Declaration of Human Rights, 10 December, 1948 reveals about the concept of human rights as:-“…the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world..” “…faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom..” “…this Universal Declaration of Human Rights as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.” “..that human rights should be protected by the rule of law..,”