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Do you think this is right? The creator who createdthe world and all the creatures in this universe breathedlife into human beings as well as serpents. The snakeis one of the heirs of this property, it has inherited theearth along with the rest of the creation. It is anundeniable fact that God's creation live together.Shouldn't we acknowledge this fundamental truth ofoneness or brotherhood. But is it practicable? Theserpent's sting is venomous and often leads to death.Hail serpent -you have no claim over my two acres ofland, get away with you, at once.

But whither shall you go? The land owners in thevicinity will not spare you. Even the major part ofthis terrestrial globe is broken up by each and everyone, mainly the human race that has established itssupremacy, leaving the lower animals to their fate.

(Bhoomiyude Avakasikal,Vaikom Muhammed Basheer)

Doesn't the extract given above indicate that all living beings havetheir right to live on earth?

All living beings including man have natural rights.

What are rights?Rights are opportunities available to each for the growth anddevelopment of their personality. Like all other living creatures

HUMAN RIGHTS

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human beings too have inherited the rightto live and thrive on earth. A variety ofactivities have been undertaken the worldover for the protection of not only theenvironment but also the endangeredspecies among flora and fauna. Which arethe cruicial times during which man has toface major challenges and threat to his life

and property? We have already noticed inthe previous chapters the agony and traumaundergone not only by the soldiers but alsocivilians including women and children atthe time of war. Are there other disasters inaddition to war that lands man in deeptrouble and sorrow? Have a look at the newsclippings.

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• Haven't the people in these news clippings inherited the right to livepeacefully?

- Who is responsible to ensure their security and right to life?

- Identify and discuss the factors that impede their progress in life.

Human RightsThe world is composed of people withdifferent political, social, economic andreligious backgrounds with a lot ofdivergences among them. Each individualhas a right to lead a dignified life in asituation of his own choice. Their humanrights can be protected only by providingcongenial life situations and opportunities.

Those inherited rights which guaranteeliberty and which can never be nullified byothers can be termed human rights. Forexample the right to express one’s views ina fearless manner and the right to enjoy purebreathing air and drinking water are humanrights.

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Human Rights: Origin andEvolutionThe notion of rights is as old as humancivilization. Humans could have expressedlonging for freedom and claim of equalrights for natural resources from the verybeginning of social life. In situations ofdenial of such freedom and claims, strugglesmight have taken place. The success in suchstruggles can be accounted as steps towardprogress of human rights.

Consider the observations of eminentthinkers, regarding rights and freedomduring the freedom struggle in the UnitedStates of America. 'The Government and statehave no aim beyond the interests of thepeople who have created the state and thegovernment and who live under the same'.

Britain attempted to control through acolonial rule, those who migrated to America(the new land) for freedom and peacefulliving. This prompted the colonial peopleof America to strive for independence from

colonial rule. Representatives of the peopleassembled at Philadelphia in July 1776 anddeclared independence of the colonies. Thisdeclaration of independence established thefreedom and rights of settlers in the coloniesof America. The Constitution that wasadopted consequently protected the humanrights of the Europeans who had migratedto America and setteled down there.

The French revolution and consequentdeclaration of human rights took place in thesame century. Louis XVI, the autocratic rulerof France dissolved the French Parliamentand denied the rights of the French. As aresult of this under the collective leadershipof the commoners the National Assemblywhich gave design to the Declaration ofIndependence of Man was formed in 1789.Equality, liberty and fraternity which servedas the foundation of the French revolutionprompted world nations to frameconstitutions that ensured basic humanfreedom.

The French revolution and American war of independence played a role inensuring equality. Examine what they are?

The struggle of people, against autocraticand authoritarian rulers, have helped themto protect their rights. The Russianrevolution is another example in this context.The socialist government that assumedpower in the post revolutionary period wasprepared to implement the programmes of'food for the hungry', 'land for the tiller'. Thesocialist system of government in whichpeople had representation started

functioning in Russia instead of theauthoritarian rule of the Tsars.

This ensured the rights of the labourers andpeasants. The idea that political power isbased on human will and not on divine willstarted gaining prominence in the world bythis time. The philosophic notions ofThomas Hobbes, John Locke, and Rousseauprovided impetus to the concept of humanrights.

• Discuss to what extend the above cited struggles and revolutions influencedthe protection of human rights.

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Cyres (syrus)

About 2500 years ago Cyres the emperor ofPersia made a proclamation which astonishedhis people. The release of slaves and the right tolive in perfect freedom was declared in Persiawhich had been steeped in slavery and slavetrade. His proclamations pertaining to humanrights were recorded and buried under the earthin a cylinder, shaped like a drum, and made outof clay. This was discovered by archaeologistsin later times and the contents prove hisinclination towards human rights.

The national movement for independence inIndia was able to unite the people over andabove the influence of divisive forces ofcaste, religion and regional sentiments.Movement for independence in Indiaupheld the political and economic freedomof the people of India. The Constitution ofindependent India includes these rights. ThePreamble of the Constitution of India bindstogether the ideals of democracy,secularism, socialism and republic. TheConstitution itself is dedicated to the

people of India to ensure the rights of eachand every citizen.

Universal Declaration ofHuman RightsThe two world wars which resulted in harshcruelties and violation of human rightsmarked a decisive turning point in thecontext of human rights. The autocraticsuppressive and authoritarian Fascist andNazi regimes of Italy and Germany indulgedin frightening genocide. During the timesof war human lives lost its value and thoseaffected by the war had to struggle throughpain and agony. The United Nations wasformed at this juncture with the twin aimsof preventing the outbreak of another worldwar and establishing world peace andsecurity.

The formation of United Nations was anadded inspiration to the concept of humanrights. A peaceful living atmosphere hadbeen a major concern even at the time of theformation of the UN, since democracy hadnot become a reality even after the 2nd worldwar. Efforts along these lines, howevercontinued in most countries and thisprompted the UN to make the declarationof Universal Human Rights.

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December 10Universal Human Rights Day

The UN proclaimed the Universal Declara-tion of Human Rights on December 10, 1948.This declaration contains the basic freedom andrights of human beings. Hence December 10,is observed as universal human rights day.

According to this declaration all humanbeings are entitled to the right to live inperfect freedom without discrimination of

Certain rights that included in the UniversalDeclaration of Human Rights are givenbelow.

• The right to live freely and (the right) toenjoy personal security.

• Freedom/Liberation from slavery.• Equality before law and equal protection

of law.• Protection from arbitrary arrest,

confinement (imprisonment) and forcedexile.

• Right to be an innocent till offence orcrime is legally established.

• Right to travel and settle any where inthe country.

• Right to participate, directly or throughrepresentative in the government of thenation

• Right for the adults to marry and to setup a family.

• Individual and collective right to (earn)property.

• Right to expression of opinion and ideasand equal pay for equal work.

• Right to special protection formotherhood and childhood.

• Right to education.

any kind based on caste, race, religion,language, nationality, faith, culture andgender. The UN exhorts all the nations ofthe world to adopt measures to ensure theabove.

Note the preamble of Universal Declarationof Human Rights.

All men are born free and are equal in statusand rights. They are endowed with intelligenceand conscience and obliged to promote the spiritof common brotherhood amongst all men.

Do the ideas suggested by the revolutions and struggles we have learnedearlier reflect in the preamble of the Universal Declaration of Human Rightscited above? Discuss.

Universal Declaration of Human Rights isregarded as the theoretical base of humanrights. The covenants among states (of theworld) regarding civil and political rights

(1966) as well as economic and culturalrights (1966) are also accepted as the basicdocuments of human rights.

The Universal Declaration of Human Rights (UDHR) has proven that worldwars and struggles for freedom helped enhance the personal status of the individual.Discuss.

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Can a declaration of human rights alone ensure opportunity for dignified life topeople? What other requirements are needed for creation of such a condition?Analyse.

Rights of Children

Look at the picture. Don't they too haverights? Such depictions raise certainquestions.

• Do you hold that children are moresubjected to violations of human rights?

• Do women and children have specialrights? Why do they have special rightsunlike others?

• Does poverty lead to denial of humanrights?

Such questions and discussions generatednew thoughts the world over. And as aresult of these and in continuation ofdeclaration and covenants on human rights,under the auspices of the UN, customs andpractices relating to the rights of childrenevolved. It is known as the Convention onthe Right of the Child (1989). This wasproclaimed by the UN on November 20th,1989 and through this proclamation UNdirected governments of member states (ofUN) to ensure the rights of children. Thisproclamation of 1989 exhorts parents andsociety to ensure the development of the

personality of the child focusing affection,freedom, peace and equanimity andcompassion.

Some of the rights of children• Protection for the personality of the child• Right not to be separated from parents• Right to health• Protection from discrimination• Right to education• Protection from harmful substances like

psychotropic drugs

There are laws in India for protecting therights of the child. Our Constitutionguarantees such rights to the child. The lawsmentioned below are related to such rightsof the child.

• Right to Education Act• Prevention of Child Labour Act•

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o New born (baby) died due to lack ofmedicine and proper medical care.

o A child of 12 years denied theopportunity to attend school and madeto work in match factory.

o Brutal punishment by teacher to childfor not completing home work.

o Police torture of boy serving asdomestic help accused of theft.

o Increase in the number of abandonedchildren reaching 'AMMATHOTTIL'.

• Have rights been violated in the abovesituations?

• Which are the rights that have beenviolated in each of the above situations?

• Who is responsible for the violation ineach of the above situations?

• Are there measures available to ensurerights at appropriate levels of violations?What are they?

• What can society do to prevent suchviolations (of right)? Prepare a list ofyour suggestions.

Rights of WomenWhich are the different ways in which rightsare denied to women in our society?

Aren't the following like neglect of women,discrimination in matters relating to food,dress and other life conditions at home, at

place of work, harassment at public placesand travel, violaton of human rights ofwomen?

The UN has highlighted the dignified statusof women in order to end discrimination ofwomen. Action programmes have also beenframed for this purpose. The UN conventionof 1979 enjoins the following as responsi-bilities of governments.

• Gender equality.

• Government shall not practice anydiscrimination against women.

• Individuals, associations ororganizations and institutions shall notattempt discrimination against women.

• Initiate procedures to end discriminatoryrules and customs against women.

• Abandon all discriminatory laws againstwomen.

In compliance of the proclamation by the UNIndia has enacted laws and implementedthem. Some of them are given below:

• Protection of Women from DomesticViolence, Act - 2005.

• Protection at place of work (2010 lawpassed by parliament).

Are discrimination against women caused by social conventions? Discuss.

You might have witnessed such scenesOften.

• Don't they require protection andsupport?

• Don't these come under the perview ofhuman rights?

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Protection and support (allowances) duringold age are envisaged as human rights. Suchprotection is ensured through rules andprogrammes in our country too.

• What measures are adopted in ourcountry toward this? Find them out anddiscuss their effectiveness.

Rights in IndiaRights guaranteed by our Constitution havebeen discussed in previous classes. Youmay recollect the same.

Which are the rights guaranteed to citizensand individuals by our Constitution?

Indians have experienced for long theimpositions of colonial rule and the

prolonged struggles against colonialdomination. This experience (might)have made us support the UniversalDeclaration of Human Rights in theUN. The chapters (and articles) onFundamental Rights and DirectivePrinciples of State Policy are relatedto human rights.

Regional human rights covenants are made by stateswith similar social, political and geographicalconditions. The European Convention on HumanRights is of such nature. This convention isqualified by its features like prohibition of capitalpunishment and protection of full human rightsfor aliens in the European soil. Regional humanrights conventions exist in Africa and America.

What are the fundamental rights in our Constitution? Are the FundamentalRights and Directive Principles related to Universal Declaration of HumanRights by UN? Discuss and find out.

Are all human rights fundamental rights?

Right to citizenship and right to franchise arenot included as fundamental rights in theConstitution of India. But these areguaranteed as rights by the Constitution. Allhuman rights are not included in the list offundamental rights. Human rights havewider scope than fundamental rights. Forinstance the claim to pure drinking water,pure air, unpolluted environment aretreated as human rights, but these are notspecified as fundamental rights in theConstitution.

Human rights-present statusSome of the news reports discussed in thepresent are given here. Observe.

Aung San Suu Kyi

Aung San Suu Kyi is the popular leader whodirects the struggles for freedom and democraticrights in Myanmar. She was kept under housearrest for long years by the military regime.

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Racial riots in KirgistanKirgistan is a new state formed after the collapse of the former SovietUnion. In 2010 the people of the Kirgistan ousted the ruler heading agovernment of gross misrule. But the Kirgs who are in the majority ofpopulation organized riots and genocide against the minority Uzbeks.

Narmada Bachao AndolanThe Sardar Sarovar Projectin Narmada river posesthreat to the tribals engagedin conventional work forliving. People of the areaagitated under MedhaPadkar seeking protection fortheir place of living, work,cultivable land, forest andwater sources.

Erom Shanu SharmilaThe increased level of secession-ism in militancy in Mizoramempower the armed forces toarrest without a warrant, shootat sight and to demolish build-ings under the Armed ForcesSpecial Powers Act. Againstthe indiscriminate use of thisAct by the army Erom shanusharmila is on hunger strikefor the last 10 years.

• The above given are some news reports discussed in recent times.

Are there violations of human rights traceable in these news reports? What are therights that have been violated? Who violated these rights? Examine.

There are certain rights reserved for thosewho are evicted when land is acquired fordevelopment purposes. Which are the rightsthat are violated when eviction is effectedfor common good of society? Discuss in thelight of news report on Narmada BachaoAndolan.

Development activities always violate thehuman rights of a section of people. Do youhave any such instance in your area wherefor promoting the gains of majority rights ofminority groups are denied? What are they?Are all such reported incidents violations ofhuman rights? Examine.

Denial of rights of men occur at differentplaces like service arrangements, military,police, local bodies, educational institutionsetc. You are aware that in case fundamentalrights are denied citizens have the choice toapproach the judiciary. What if human rightsare violated? How can they be protected?Discuss.

Human Rights CommissionThe Human Rights Protection Act came intoexistence in 1993 for protecting humanrights. Accordingly national level and statelevel human rights commissions were

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JusticeK.G. Balakrishnan

constituted to ensure protection of humanrights.

National Human RightsCommission

National Human Rights Commissioncomprises a Chairman and four members.Also, the Chairpersons of National MinorityCommission, National Scheduled CasteCommission, National Scheduled TribeCommission, National Commission forWomen are ex-officio members of the NationalHuman Rights Commission. Chairperson ofthe National Human Rights Commission willbe a retired Chief Justice of Supreme Court ofIndia.

Which are the problems that allow us theright to approach the human rightscommission?

Look at some of the powers of thecommission.

• Protection of right of citizen

• Review the laws that are opposed tohuman rights

• Reforms of administrative arrangements

• Prevent atrocities in prisons

• To prevent violations of human rights ofSC and ST population

• Protection of the rights of women andchildren

State Human Rights commission

Human Rights commission functions at thestate level, as it works at the national level, forthe protection of human rights. State HumanRights commission consists of a Chairpersonand Two members. Chairperson of thecommission will be retired Chief Justice of theHigh Court.

Analyse news reports about a problem in which Human Rights commissionsintervened recently.

Human Rights and OrganizationsVoluntary organizations canplay a very significant role inprotecting human rights. Theytry to expose many instancesof violations of human rights.They also promoteprogrammes that make full

attainment of humanr i g h t sp o s s i b l e .

These voluntary organizations help thegovernments to prevent violation of humanrights. In situations like eviction in the nameof development, pollutions etc. theseorganizations hold agitations.

Human Rights Watch, AmnestyInternational, Global Watch, America Watch,Asia Watch, Africa Watch are well knownhuman rights organizations in theinternational level.

• People's Union for Civil Liberties (PUCL)

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• People's Union for Democratic Rights(PUDR)

• Citizen for Democracy (CFD)

• People's Council for Social Justice (PCSJ)

are human rights organizations functioningat the national level. Such organizations orbranches of such organizations arefunctioning at the regional level. Which arethey? Enquire.

The Picture given above is that of an agitation. Why is the right to agitate counted as a humanright? Discuss.

Rights of ConsumerDo you take note of the quantity and weightof things that you purchase from shops? Theseller or the producer record these detailson the cover in which goods are packed andsupplied. And they charge the price as giventhere. There are instances in which goodsand services do not provide the quality thatis advertised. Does the consumer has a rightto complain in such a situation and to getgoods and services of a definite quality?

How can this right be established orrealized?

The right of the consumer is the right of thebuyer to get the proper measure, weightand quality of the goods and services forwhich he pays the cost. For purposes ofprotecting these rights consumer disputesredress forum at disctrict level andconsumer disputes redress commissionfunction at state and national levels.

Which all affairs relating to consumer rights are intervened and solved byconsumer redress forum? Discuss after collecting details.

Rights and DutiesHuman rights begin from wherefundamental rights end. Human rights arerelated to individuals and society. All rightshave corresponding duties too. It is the dutyof others to make possible the rights of aperson. That means it involvesaccommodating others. The right of a personto propagate ideas cannot be hindered byothers. Human rights are inviolable but they

are not unrestricted. Society and individualshave to impose certain restrictions on theexercise of rights. Such restrictions can beconsidered as duties, and this is based onthe value norms of society. Human rightsbecome true and meaningful when thehuman rights of others are accepted.

The table that follows indicates rights andduties in a democratic system. Complete thetable.

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Rights Duties

• Freedom of speech • Grant the freedom of speech of others

• Right to vote /franchise •

• Right to conduct propaganda •

• • Consider the opinion of others

• Right to form organizations and •work as a member

ActivitiesLook at the picture given here.

Mother and daughter are walkingback after collecting water for dailyuse from a distant place.

• Can this be seen as a humanrights issue?

• What is the violation of human rights in this? Establish youropinion.

• The rights, violation of rights of women and children and relatedsituations are cited in the lessons, as noticed by you. Why is it thatin our society the rights of women and children are more violated?Is it because of the limited defining of rights?

• Why society is not able to ensure these rights for them? Organize a seminar in yourclass and discuss.

• You are invited to make a speech about the significance of human rights in the contextof universal human rights day. What advice will be included in your speech? Preparea note on speech.

• Why has violation of human rights become extensive in the period of highly developedworld scenario? Can the reason for this be attributed to the insufficiency of laws inthe respective nations? Or is it due to the absence of creating awareness? Are thecustoms in society responsible for this? What are the other reasons that can be located?Find out Prepare a note.

• When Human rights are discussed it becomes clear that human rights are made acover for misuse of the idea of human rights. Can the promotion of selfish interestsunder the cover of human rights violation be prevented? Organize a debate.

• Who is the Chairperson of the State Human Rights Commission? Prepare an analyticalnote on an issue intervened by the State Human Rights Commission.