A Glimpse of the Universal Declaration of Human Rights

Introduction:

Human beings are born free. They are adorned with rationality and conscience. The only thing we bring since birth with us is the basic “HUMAN RIGHTS”. Human rights are nothing but the collection of rights of life and liberty, freedom of opinion and expression, work and education, and many more that human beings are entitled with. Human Rights are not given, bestowed, and granted by any other external authority. Man himself is the source of these rights. Human beings should have access to all those rights regardless of caste, creed, race, and financial status.

But how to protect the Human rights legally?

There must be a sincere strategy and protocol to conquer the violations of human rights and to affirm the rights globally to the mankind. With this idea and notion, UNIVERSAL DECLARATION OF HUMAN RIGHTS originated.

What is UDHR?

The Universal Declaration of Human Rights (UDHR) is the declaration approved by the United Nations General Assembly in 1948 at Palais de Chaillot, Paris. This declaration furnished meticulous protection to all individuals against injustice and violations of human rights.

It codifies specific rights, civil, political, economic, and social as well as cultural. It emphasizes the right to equal pay for equal work, the right to form and join trade unions, right to health care, right to life and liberty, the right to freedom of work and education, adequate rest, etc.

Historical Background of UDHR

The global community for the first time acknowledged the importance of human rights soon after the Second World War after experiencing the merciless torture of the prisoners. So with the end of the war world leaders decided to guide the UN Charter with a set up to protect the rights of every individual everywhere. The document they considered, and which would later become the Universal Declaration of Human Rights, was taken up at the first session of the General Assembly in 1946.[1]

 Canadian expert John Peters Humphrey was the main drafter to the UDHR and Director of the UN secretariat and division of Human Rights. The membership of the commission was designed to be broadly representative of the global community with representatives of the countries like Australia, Belgium, Chile, China, Egypt, France, India, Iran, Lebanon, Panama, Philippines, UK, US, USSR, Uruguay, and Yugoslavia. Among the above authors, John Humphrey provided the initial draft which became the working text of the Commission. The final was made after numerous reviews and procedures. It was drafted by Cassin and was given to the Commission on Human Rights.

It was first proposed in September 1948, after planning for a couple of years with over 50 member States participating in the final drafting.

India also played a pivotal role in adopting the declaration. The contribution of India was a part of a broader strategy to influence the entire structure of the UN so that it could become a global body to serve all nations equally

Objectives of UDHR

The main aim of UDHR is to exhort members of the commission to promote basic human rights including social, civil, and economic rights, and to ensure that these are the part of the “foundation of freedom, justice, and peace in the world”. Its goal is to comprehend human dignity and impart equal rights to the human being. The other significant objectives of UDHR are as follows:

• To bring connectivity among countries in all sectors of human rights. It aims to promote cooperation by identifying the country’s common strengths and opportunities which will help reduce poverty and improve the quality of life for people whilst developing a cognitive society and enhancing community and people empowerment;
• To draw the countries together as a single community, enabling them to interact with the rest of the world more efficiently and contributing more towards maintaining mutual peace and prosperity;
• To enhance the power of the trading within country and increasing the bargaining power of Asian countries to step forward in the competitive market and, in turn, improves the country’s economic diligence in the world trade market.[2]

Did the freedom struggles kick start the activism of Human Rights in India?

We all know India has a broader history of freedom fighting for 200 years. The tortures and merciless work the protestants were given by the British in the jail, was violative of human rights. Even the guiltiest of guilties should not be treated like that the advanced creed BRITISH did to the Indian rebellions. Those acts scampered the rebellions outside the jail and the leadership like the Indian National Congress to raise their voices against the British for violating basic HUMAN RIGHTS of the prisoners. 

Also after the adoption of the UDHR in 1948, the Indian leadership by INC framed the human rights concern.

The significant ideas and extent of visions between Indian and the UN were a well-designed tenet that was formulated by Jawaharlal Nehru and Mahatma Gandhi.[3]

Right now, the HUMAN RIGHTS COMMISSION of India (NHRC) is acting actively to promote and protect Human rights that are guaranteed by the Constitution of India. Right from the right of the victim of any mishap to the right of the accused, they work vigorously to protect the rights of the citizens.

Constitutional Framework to Protect The Human Rights

The Protection of Human Rights Act was enacted to do the needful for the protection of the basic human rights of the citizens. Section 2(d) of the act defines Human Rights as “the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the Internal Covenants and enforceable by courts in India”.[4]

The Constitution of India provides adequate provisions to ensure the basic human rights of the citizens irrespective of gender, caste, religion, creed, etc.

There are basic or fundamental rights prescribed in the Indian Constitution. They are as follows:

1. RIGHT TO EQUALITY: Article 14-18 of the Indian Constitution prevents discrimination or inequality based on GENDER, CASTE, RELIGION, CREED, etc. It promotes equality of opportunity in matters of employment and prohibits the state from discriminating based on religion, caste, race, sex, or anything.
2. RIGHT TO FREEDOM OF RELIGION: As the Preamble of India itself defines the State to be Secular, it is crucial to add the RIGHT TO FREEDOM OF RELIGION in Article 25 of the written Constitution. It ensures secularism in the state and the right of the citizen to perform, propagate and practice the religious rites of their own choice. It also binds the state not to impose any official religion.[5]
3. RIGHT AGAINST EXPLOITATION: In a third world country like India, people from rural areas or economically weaker sections often get victimized by child labor, forced labor, and most dangerously by human trafficking. Article 23 and 24 prohibit these acts and make these a punishable offense in the eyes of Law. So that people working for bread don’t have to waste his manpower without proper remuneration and the children would not be victimized in the child labor system.
4. RIGHT TO CONSTITUTIONAL REMEDIES: Article 32 of the Constitution ensures the citizens of the state to move to the Supreme Court of India for the protection of their fundamental rights if it has been violated. The Apex Court has the discretionary power to award compensation to the affected one.

These are basic constitutional frameworks that the citizens of India are entitled to. Other than this, provisions from different enactments are also there to assure firmly the rights guaranteed to the human being.

UDHR in International Relations

International relation (IR) is the arena where different states get associated and interdependent. It determines the types of relationships the states share.

Now the question may arise how UDHR is associated with IR.

The answer will be the mechanisms of the declaration. With the adoption of the UDHR, they had also set up some mechanisms; two of which are International Law and Humanitarian intervention. Both are associated with International relations.

International relations mainly represent common values and rules among the states and humanitarian intervention analyzes how states incorporate with the trending ideas of human rights.[6]

Since is the main actor of the international relation, so for the existence of the IR, the relation between the states with a humanitarian approach is important.

Also, both international law and humanitarian intervention are the only things that can emphasize how states are dealing with state sovereignty and human rights.

Moreover, the mass media pays much attention to human rights questions and aspects worldwide so their keen eyes always remain on international relations and humanitarian approaches between the states.

If we see human rights as a mechanism to advance states’ credibility then international is a very important part there as it deals with the integrity between the fellow states too.

Success of UDHR in ensuring Basic Human Rights

70 years of UDHR thereon, and it gained the touchstone. It has been ratified by every country. It kept no stone unturned to promote a “common standard of achievement for all people and nation”. It made rudimentary for every organ of the states to respect these rights and freedom enshrined in the declaration.

The scenario the world faced during the slavery system or freedom struggles got a drastic change. People speak for their rights, raise their voice for their rights, and get integrated for the same. Besides Government different NGOs, voluntary organizations are also working heedlessly for imparting basic human rights and fights against the violation of human rights as well.

This aspect would not get this much sincerity without the declaration. It acted as the BEGINNING NOTCH to the entire activism On HUMAN RIGHTS issues.

In India, in cases like Mary Roy v. State of Kerala, human rights stood superior to personal law. In this case, the court held that no personal law can stand ultra vires to Gender inequality and the Right to reside in any part of the country under Article 15 and Article 21 of the Constitution.

Not only this, HUMAN RIGHTS’ activism expanded their territory for the rights of the transgender which was quite a neglected issue in India. In Selvi v. State of Karnataka, 2010, the Supreme Court of India held that brain mapping, narcotic tests without the consent of the individual or in a forcibly, is violative of Article20(3).

Conclusion

Human beings are the maker of their fate. Depending upon racial criteria, religion, language, and socio-cultural practice they are identified to be of separate community. In terms of rights to be enjoyed by them are almost identical and protected by law in more or less the same way of enactment. Enjoying lawful rights becomes a practice by an individual as well by a nation. Whenever in course of roaming or immigration an individual or a group, for education, employment, or traveling enters / enter into a foreign country, they are to follow and maintain some norms of behavior during their stay as prescribed by that foreign country. All the countries should take care of the outsiders as a guest and should maintain a HUMANITARIAN APPROACH. Most important is to build up global fraternity and human unity across the globe on human rights ensuring lawful liberty and human dignity.

Naturally International Standard of Human Rights is very much needed.

Though not legally bounded but Universal Human Rights Declaration is of paramount significance for the same.

Exactly, it reveals to be a historical milestone for worldwide human bonding.

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References:

[1] United Nations, History of the Document, un.org https://www.un.org/en/sections/universal-declaration/history-document/index.html.

[2] Puja Mondal, Human Rights: Objective and Universal Declaration Of Human Rights, Yourarticlelibrary.com  https://www.yourarticlelibrary.com/essay/human-rights-objectives-and-universal-declaration-of-human-right/30223.

[3] id

[4] The Protection of Human Rights Act, 1993, No. 10, Acts of Parliament, 1993 (India).

[5]Toppr, Introduction to Human Rights and Fundamental Rights, toppr.com (Sept. 2019) https://www.toppr.com/guides/civics/the-indian-constitution/rights-and-fundamental-rights/.

[6] Lawteacher, Human Rights In International Relations, lawteacher.net, (Jul. 16, 2019) https://www.lawteacher.net/free-law-essays/international-law/human-rights-in-international-relations-international-law-essay.php.