PHILOSOPHICAL PERSPECTIVE
Asst.Prof. Jameer Ilahi Momin
Arts and Commerce College, Satara (M.S.). Email- [email protected]
Introduction – The concept of ‗Human Rights‘ has been widely discussed in the 20th century throughout the world. This particular ‗Thought‘ of ‗Human Rights‘ is related to and originated due to the two World Wars and their devastating and inhuman effect as well as their massive destruction happened in the 20th Century. In the year 1945 America used Atomic Bombs against Japan and destroyed entirely the two beautiful cities ‗Nagasaki‘ and ‗Hiroshima‘. It caused great loss to entire ‗Humanity‘. Approximately more than 10 million innocent people died because of this ruthless bombing. The cruel massacre of more than 6 million Jews by Hitler and his Nazi followers is also a matter of concern as far as protection of ‗Human Rights‘ is concernd. Fascism of Mussolini of Italy and Nazism of Hitler of Germany had shown utter disregard for the right of every Human Being to ‗Live‘ with dignity and peacefully. Hitler was and is guilty of the most inhuman atrocities, especially against the Jews. In the Communist Regime of United States of Soviet Russia (USSR) too, individual freedom was given scant regard. All these incidents and Global Events of annihilation and butchery gave rise to the Noble concept of ‗Human Rights‘. (Reference- Aggarwal J.C.,‗Education for Values, Environment and Human Rights‘,(2008) ISBN : 978-81-7541-252-1, SHIPRA PUBLICATIONS, Delhi, page-236.)
Philosophical Foundations and Underlying Principles of „Human Rights‟- Every ‗Man‘ and ‗Woman‘ on this ‗Earth‘ has ‗Basic‘ and ‗Fundamental‘ ‗Right‘ to ‗Live‘ his or her ‗Life‘ ‗Freely‘ and ‗Fearlessly‘. Human Rights, as commonly understood, are the rights that every human being is entitled to enjoy freely irrespective of his or her Riligion, Race, Caste, Sex and Nationality, etc. Because of being a Human Being some Rights are inherent. (Reference- Aggarwal J.C.,‗Education for Values, Environment and Human Rights‘,(2008) ISBN : 978-81-7541-252-1, SHIPRA PUBLICATIONS, Delhi, page-236.) The essence of ‗Human Rights‘ comes from some root Principles and Philosophical Assumptions which we can call, „Philosophical Foundations‟ and „Underlying Principles‟ of „Human Rights‟. They are as follows-
Human Rights embody the fundamental values of ‗Human Civilizations‘.
All Human Beings are Born Free and Equal in Dignity and Rights.
People are different, and so are their Cultures.
People live in different ways and Civilizations also differ, but all this Diversity should not be the basis of Discrimination.
People speak in variety of Languages with different accents and intonation styles.
People are guided by different Religions and Faiths.
People are born with different colours, and many traditions influence their lives with varying colours and shades.
People dress differently and adapt to their Environment in different ways.
People express themselves differently.
In the various corners of this world, Music, Literature and Art reflect different ‗Ways of Expressions‘ and ‗Styles‘.
But despite these differences, all people have one single common attribute; they are all human beings- nothing more, nothing less. ‗Nobody‘ is ‗Inferior‘ or ‗Superior‘ to ‗Anybody‘. Thus ‗Human Rights‘ have emerged as the most powerful concept of our age which has its origin in the major events of 20th century. It has become, in the opinion of former UN Secretary General Boutros-Ghali, a Common
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Language of Mankind and Ultimate Norm of all Politics. Adopting this language allows all people to understand others and to be the authors of their own history. According to Prof. Abdulrahim P. Vijapur, ―Today everyone talks of ‗Human Rights‘, demands them and struggles for their Recognition, promotion and protection‖. Since 1948, the United Nations has adopted more than 100 human rights documents, declarations, principles, and conventions, covering the entire gamut of human rights – relationships-interactions. These, inter alia, deal with Rights of Women, Racial or Religious Discriminations, Migrant Workers, Children, Refugees, Prohibition of Genocides, Slavery, Tortures, Stateless Persons and their Problems, Minorities, Right to Development and Peace, etc. Among all the documents of United Nations on ‗Human Rights‘, three are the most important and basic documents. They are :- 1. The universal Declaration of Human Rights (UDHR) adopted on 10th December 1948, 2. The International Covenant on Economic, Social and Cultural Rights and 3. The International Covenant on Civil and Political Rights adopted in 1966. These three documents together are called ‗The International Bill of Rights‘ meaning the first International Bill in Human History. Hence, December, 10 is celebrated as Human Rights Day throughout the World. The universal Declaration of Human Rights, The International Covenant on Economic, Social and Cultural Rights and The International Covenant on Civil and Political Rights at some points and instances recognize various ‗Human Rights‘ separately as well as universally under the broad title ‗ The International Bill of Rights‘. They are as follows –
Right to Life and Right to Liberty and Security of Person
Right to Protection against Slavery
Right to Protection against Torture and Cruel and Inhuman Punishment
Right to Recognition as a Person before the Law
Right to Equal Protection of the law
Right to Access to Legal Remedies for the Violation of Rights
Right to Protection against Arbitrary Arrest and Detention.
Right to Hearing before an Independent and Impartial Judiciary
Right to Presumption of Innocence
Right to Protection against Ex-Post- Facto-Laws
Right to Protection of Privacy, Family and Home
Right to Freedom of Movement and Residence
Right to seek Asylum from Persecution
Right to Nationality
Right to Marry and found a Family and Right to own Property
Right to Freedom of Thought, Conscience and Religion
Right to Freedom of Assembly and Association
Right to Political Participation
Right to Social Security
Right to Work under Favourable Conditions
Right to Free Trade Unions
Right to Rest and Leisure
Right to Food, Clothing and Housing
Right to Health Care and Social Service
Right to Special Protection for Children
Right to Education and Information
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Right to Self - Determination
Right to Humane Treatment when detained and imprisoned
Right to Protection against Arbitrary Expulsion of Aliens
Right to Protection against Advocacy of Racial and Religious Hatred
Right to Protection of Minority Culture.etc.
(Reference - Jack Donnelly, ―International Human Rights‖, Westview Press.)
Historical Background and Origin of Rights – Human Rights did not get recognition overnight or only in the latter half of the 20th Century. There are many sources of Human Rights. World‘s Major Religions, Religious Philosophies and Faiths also spoke about and advocated ‗Human Rights‘. The Ancient Vedic Indian Philosophy, Jainism, Buddhist Philosophy, Roman and Greek Philosophy, Judaism, Christianity, Islam and even Paganism also show inclination and glimpses of ‗Human Rights‘. Especially the Preaching and Practicing Philosophy of Siddharth Gautama who is well known as Gautam Buddha propounded the ‗Noble Principles‘ of Humanity, Fraternity, Universal Brotherhood, Empathy, Compassion, Justice, Equality and Equity. Also the Constitution of Madina recognized the Rights of Religious minorities, especially the Jews and Christian. Many Quranic Injunctions and Prophetic Traditions elaborate ‗Human Rights‘. Political Movements and Great Revolutions are other important sources of human rights. Noteworthy and Important landmarks such as ‗Magna Carta‘ (1215), ‗The Petition of Rights‘ (1628) and ‗The Bill of Rights‘ (1689) in England; ‗The French Declaration of the Rights of Man and of the Citizen of 1789 and American Bill of Rights of 1791 gradually elaborated Important Civil and Political Rights. The October Revolution of Soviet Russia in 1917 brought to forefront the Social, Economic and Cultural Rights. In fact, the list of ‗Human Rights‘ is continuously becoming longer with the Socio-Political and Economic Movements and Revolutions.
Meaning of Human Rights-
There is an Earnest need to discuss some important questions and issues: -
What is the importance of Rights?
Why do we need these Rights?
How can we define Rights?
Which is the most appropriate term for Rights?
Whether terms such as ‗Natural Rights‘, ‗Civil Rights‘, ‗Political Rights‘ and ‗Fundamental Rights‘ convey same or different meanings?
We can certainly explore answers to these vital questions. ‗Human Rights‘ are those Conditions of Life that allow us to fully develop and use our Human Qualities of Intelligence and Conscience and to satisfy our Spiritual and Natural Needs. We cannot develop our ‗Personality‘ in the absence of Rights. They are ‗Fundamental‘ to our ‗Nature‘: without them we cannot live as Human Beings. To deny human beings their Rights is to set the Stage for political and Social Unrest, Wars and Hostility as well as Antagonism between the groups and between the States as well as between the groups in Nations. Also this kind of ‗Denial of Human Rights‘ leads to urgent demands for better life and larger freedom. Human Rights, far from being an abstract subject for Philosophers; Political Scientists and Lawyers, affect the daily lives of everyone-Man, Woman, Child and Adults too. (Reference – Prof. Vijapur Abdulrahim P. , „Human Rights‟, Chapter in Edited Book by Kidwai A.R., ‗New Directions in Higher Education‟, ISBN-978-81-309-2754-1, Viva Books Private Limited, New Delhi- 110 002, Page-203, 204) Thus ‗Human Rights‘ are Universal moral Rights; they belong to everybody because they are Humane in Nature. By definition, they are not earned, bought or inherited. They are ‗Inherent‘ in ‗Human Dignity‘. They are ‗Inalienable‘ Human Rights are essential for peaceful, harmonious, all-round and progressive enrichment, enhancement, and empowerment of
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Mankind on the earth. That is why, ‗Education of Community‘ and ‗Awareness about Human Rights‘ through Formal, Informal and Non-Formal Mechanisms of Education is of utmost importance.
Right to Education- A Basic Human Right As Dr. Juhi Gupta rightly says that ‗Everybody‘ has the Right to Education, which has been recognized since the Universal Declaration of Human Rights (UDHR) in 1948. The Right to Free and Compulsory Primary Education, without any kind of discrimination and of ‗Good Quality‘, has been reaffirmed in all the major International Human Rights Conventions. Many of these same instruments encourage, but do not guarantee, Post –Primary Education. These Rights have been further elaborated to address issues like ‗Quality‘ and ‗Equity‘ as well as ‗Equality‘ moving forward the issues of what the Right of Education means, and exploring how it can be achieved. As a minimum : States must ensure that basic education is available, accessible, acceptable and adaptable for all i.e. (4 A Scheme). The Right of Underprivileged, Deprived Classes and Oppressed Masses to Education is one of the most Critical of all the Rights – because education plays an important ‗Role‘ in enabling the Underprivileged and Deprived Masses as well as Oppressed Classes in securing other vital rights to live with due ‗Human Dignity‘. Offering Skill based Quality Education to the Underprivileged and Deprived Masses as well as Oppressed Classes is the only sure way of giving them much greater power- of enabling them to make genuine choices over the kinds of lives they wish to lead. This is not a ‘luxury‘. ‗The Convention on the Rights of the Child‘ and ‗The Convention on the Elimination of All Forms of Discrimination against Women‘ establish it as a 'Basic Human Right‘. That the Underprivileged and Deprived Masses as well as Oppressed Classes might have the chance of healthier and happier lives should be the sole reason enough for promoting their education at all the levels. The aim of education is always to turn the individual into a good human being with robust health, sound intellectual and mental growth, fine sensibilities, moral and spiritual development so that he or she will have harmonious relations with the other members in the society and will be useful to the society. In other words all education is aimed at making a student ―a complete human being‖. To become a complete human being is never ending process and not at all restricted to Urban Citizens or to the members of Upper Class Society only. But in our Nation the Youths in Rural Area and each and every Child from Underprivileged and Deprived Masses as well as Oppressed Classes have also equal right to all round development. In that sense the term ‗Education‘ is all inclusive. Social-Psychological-Mental- Moral and Mental Health through Quality Education are the prime aspects of the process of General Education.
The Role of Constitution of India in Promotion of „Human Rights‟ and „Social Justice‟-
Preamble to the Constitution of India is a brief introductory statement that sets out the guiding purpose and principles of the document, and it indicates the source from which the document derives its authority, meaning, ‗the people‘. The hopes and aspirations of ‗the people‘ as well as the ideals before our nation are described in the preamble in clear words. It may be considered as the heart and soul of Constitution. The preamble can be referred to as the preface which highlights the entire Constitution. Preamble to the Constitution of India indeed shows a way of life, which recognizes liberty, equality and fraternity as the principles of life and which cannot be divorced from each other: Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor can liberty and equality be divorced from fraternity. Without equality, liberty would produce the supremacy of the few over the many. Equality without liberty would kill individual initiative. Without fraternity, liberty and equality could not become a natural course of things. Thus these principles are interlinked with one another. The Fundamental Rights and the Fundamental Duties as well as Directive Principles enshrined in our Indian Constitution have their origin in the ‗Noble Concept of Human Rights‘.
Education is power. It constitutes the foundation of all the multi- dimensional socio, cultural and economic development of any country. It can be well achieved by Promoting the ‗Human Rights
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