Development Of Human Rights

HISTORICAL DEVELOPMENT OF HUMAN RIGHTS:

INDIAN CONTEXT

Tarsem Sharma

Article I, Universal declaration of Human Rights 1948 states, 'All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in spirit of brotherhood. '

It is quite remarkable that the nation of human rights has played a significant role in western history and in international relations since 1945, and yet, no one has been able to definitively settle the question about the origin and true nature of these rights. The origin of the concept of human rights is found in theology, philosophy and law. The concept of natural rights was developed first to articulate Christian theories of wealth and poverty

The history of fundamental human rights goes back to the days of Magna Carta in the sphere of domestic legislation in England. However, the real foundation of Human Rights in constitutional law actually dates back to the 17th century. The Magna Carta was followed by Petition of Rights in 1628 and Bill of Rights In 689. This led to revolutions in England. But the road to fundamental rights was strengthened by the American and French Revolutions and which led to importance of individuals in nation building. The Bill of Rights in the form of Declaration of Rights of Man marked a landmark in the development of rights of man. In the 19th century it became part of law of nearly all European

But commission is simply an investigative and recommendatory body. After making enquiry, it recommends to the appropriate authorities to take action against the person who violates the human rights or recommend the government to provide interim relief to the victim. The commission does not have powers of prosecution. The National Human Rights Commission therefore does not have teeth. The only benefit which the victim gets is that after the investigation, if it is established that the violation of human rights has taken place, it can recommend to the courts to initiate proceedings. The victim do not require the intervention of courts to initiate investigation.

It is true that no national institution or Human Rights Commission, howsoever effective it might be can provide food, shelter, clothing, education and health facilities to the wanting millions, A culture of human rights needs to be achieved by ensuring access to free primary education or all, by organizing training facilities, courses or seminars and initial training of human rights obligation to prosecutors, members of judiciary, public officials, armed forces and