ABSTRACT
In 1945, a new world order emerged from the ruins of World War II, and respect for human rights became one of the United Nations' top priorities alongside peace, security and development. The Universal Declaration of Human Rights, promulgated in 1948, provided the framework for many international human rights treaties. Almost all national laws are now affected by these treaties. It is widely recognized that human rights and fundamental freedoms are the birthrights of all human beings. The main purpose of this research is to examine the historical development of human rights and analyze philosophical thinking. To conduct this study, data from several human rights articles, books, and related documents were collected as qualitative papers.
This article has been written by our Intern Akansha Chakraborty from NEF Law College, Guwahati.
INTRODUCTION
When World War II appeared to be drawing to a close, world leaders began making plans to ban war and establish lasting peace. The Charter of the United Nations provides, as one means of doing so, to promote universal respect for and observance of human rights and fundamental freedoms by all without distinction of race, sex, language or religion. On December 10, 1948, the United Nations General Assembly adopted and proclaimed the Universal Declaration of Human Rights. This declaration created for the first time a common legal standard for all peoples and all nations without discrimination. Human rights are almost innate rights, and they cannot be exercised, protected or claimed at all. It is also a fact that life cannot develop unless human rights are guaranteed. In this respect, all countries follow international human rights instruments.
THE SALIENT FEATURES OF HUMAN RIGHTS
The salient features of human rights distinguish them from other rights. They are as follows-
I. Inherent: The best feature of human rights is that they are inherent and natural. No one earns it by a certain reputation. It is not at the mercy of individuals or social systems. II. Irreplaceable: Human rights cannot be given, exchanged or transferred. It's too much for anyone. It could not be snatched and handed over, stolen, or stolen.
III. Universality: Universality is a fundamental value of human rights. Everyone is entitled to all the rights and freedoms described in this Statement.
IV. Equality: Human rights are related to the equal use of opportunities and resources for all. Justice, rule of law and non-discrimination are human rights philosophies.
V. Feasibility: A key feature of human rights is their feasibility or effectiveness. In other words, human rights should never be viewed as a hypothetical or abstract concept. It is shaped by social values, norms, cultures and institutions.
HISTORICAL PERSPECTIVE
The belief in the sanctity of human life has ancient precedents in many of the world's religions, but the idea of ​​human rights, that is, humans have a set of inalienable rights simply because they are human. The idea that there is a human being originated in the period of early modern Renaissance humanism. Previously, writs of habeas corpus were enshrined in the Magna Carta of 1215 AD. The European Wars of Religion and the 17th-century English Civil War gave rise to liberal philosophies, and the belief in human rights became a central concern of European intellectual culture during the 18th-century Age of Enlightenment.
The idea of ​​human rights was at the heart of the American and French revolutions that ushered in an era of democratic revolution throughout the nineteenth century and paved the way for the introduction of universal suffrage. After the war, there were human rights movements for special interest groups, such as feminism and African-American civil rights. The human rights of members of the Eastern bloc and workers' rights in the West emerged in the 1970s. The movement was quickly paralyzed when social activism and political rhetoric were placed high on the world agenda in many countries. Moyn argues that in the 21st century the human rights movement has expanded beyond its initial anti-totalitarianism to include many cases of humanitarian and social and economic development in developing countries. Human rights seem to be a modern concept. But the concept's origins take us to the distant past. It can be said, therefore, that human rights have appropriated a demanding legal and orderly existence by a long detour. The chronological history of human rights can be viewed in three stages after development and recognition.
THE MIDDLE AGES
The period from the 5th to the 15th century is moderately estimated as the Middle Ages, a barren age of human rights. Christianity had both positive and negative effects on the new socioeconomic and political structures of the time. Concepts such as "all men are equal to God" and "all men must be obedient to the rule of law" were established by Christianity and succeeded in bringing about equality.
MAGNA CARTA
The most important medieval step in promoting human rights was taken with the passage of the 'Magna Carta'. It was the most famous written human rights document of the Middle Ages. This was a constitutional act adopted by King John in 1215 AD and adopted by Edward III. was declared. The Magna Carta required the King to waive certain rights, respect certain legal processes, and accept that the King's will may be bound by law. There are 63 Articles including the preamble, of which Articles 39 and 40 are very important.
Article 39 No honorary citizen shall be arrested, imprisoned, disqualified, deported, or harmed in any way. Nor will we take action against him or cause others to take action, except on the basis of the good judgment of his colleague or common law.
Article 40: To none will we sell, to none will we refuse or delay right or justice.
INFLUENCE OF MAGNA CARTA
Magna Carta was the first document guaranteeing people's freedom. It influenced many common laws and other documents such as the United States Constitution and the Bill of Rights and is considered one of the most important legal documents in the history of democracy. Almost every basic principle of the British Constitution could be tested against the Magna Carta.
THE PETITION OF RIGHTS
The Petition of Rights is an important British constitutional document that establishes certain freedoms that the King must not violate. A petition passed on June 7, 1628, including restrictions on extra-parliamentary taxation, forced recruitment of soldiers, imprisonment without cause, and the application of martial law. After a dispute between Parliament and Charles I over the conduct of the Thirty Years' War, Parliament refused to provide subsidies to support the war effort, and as a result Charles I was granted "the Those who collected "forced debts" and refused to pay were arbitrarily detained. Additionally, the state of war in the country has led to the forced confinement of soldiers in private homes and the imposition of martial law over large parts of the country.
BILL OF RIGHTS
The Bill of Rights was passed by Congress on December 16, 1689. This was a restatement of the Declaration of Rights presented to William and Mary by Parliament in March 1689, urging them to become co-sovereigns of England. It limits the powers of sovereigns, establishes parliamentary rights, regulates freedom of expression in parliament, the requirement for regular general elections, and the right to petition the monarch without fear of reprisal. It restored the liberty of Protestants to bear arms for their defence within the rule of law, and disarmed James II of England as "a Protestant and an unlawful baptist at the same time." Some good subjects" were denounced. These concepts of rights mirror those of the political thinker John Locke and quickly became popular in England. It also establishes, or in the opinion of its drafters, repeats, certain constitutional requirements of the King to obtain the consent of those represented in Parliament. The Bill of Rights established certain fundamental rights for all. These rights apply today in all Commonwealth jurisdictions, not just England and Wales.
The International Charter of Human Rights is thus a milestone in the history of human rights, a veritable Magna Carta that marks humanity's arrival at a critical stage, the conscious appropriation of human dignity.
HUMAN RIGHTS IN INDIA
The Universal Declaration of Human Rights (UDHR) is a milestone in the history of human rights. The 30 articles of the Declaration were adopted by the United Nations General Assembly in 1948 and over time have been incorporated into national laws and international treaties. UDHR's core values ​​of human dignity, fairness, equality and non-discrimination apply to everyone everywhere. India, like all countries, has its own National Human Rights Commission, the guardian of human rights in India. The NHRC was given a legal basis by the Protection of Human Rights Act 1993 (TPHRA).
FUNCTIONS AND POWERS OF THE NHRC
The functions of the National Human Rights Commission (NHRC) under section 12 of the Human Rights Protection Act 1993 include complaints of human rights abuses or investigations of negligence in preventing human rights abuses by government officials. The Commission also reviews human rights treaties and international instruments and makes recommendations to governments for their effective implementation. It can investigate complaints related to human rights violations in India. It can intervene in any legal process involving allegations of human rights violations. In addition, recommendations can be made to the authorities based on their observations. It can review constitutional provisions protecting human rights and propose necessary remedial measures. It has the power to recommend appropriate measures to both the central and state governments to prevent human rights abuses in India. The President of India receives annual reports from the NHRC and submits them to both houses of the Parliament.
NHRC RESTRICTIONS Its recommendations are non-binding. Human rights violations committed by private individuals cannot fall within the jurisdiction of the NHRC. It has no authority to penalize agencies that fail to implement recommended orders. It has also limited jurisdiction over military-related matters. It faces other problems such as excessive incidents/complaints, inadequate resources and bureaucratic manipulation.
CONCLUSION
Despite the legislative deficiencies, the UDHR and NHRC have made significant contributions to bringing human rights approaches to our country's legislation, policies and programs. It is no exaggeration to say that the NHRC has done a fair job of promoting and protecting human rights as watchdogs. Its contributions in India include investigating suspected violations, conducting public investigations, exercising consultative jurisdiction, providing advice and assistance to governments, raising awareness, facilitating interactions, and other state and international human rights. It went beyond its expected role of interagency exchange and better coordination to publish its annual report. It was important to strengthen human rights justice in our country. The NHRC also set the agenda for a rights-based approach internationally. In the age of globalization, NHRC has a key role to play in enabling all sectors of society to participate productively in expanding opportunities. By ensuring equal opportunities and protecting citizens from discrimination and omission, the NHRC will provide a level playing field for all citizens and help shape a country that protects citizens from discrimination. The performance of a national institution needs to be evaluated not only in terms of its success in achieving its stated objectives but also in terms of the constraints under which it has operated.
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