Essays

The right to live and exist, right to equality including equality before law, non-discrimination on grounds of' religion, race, caste, sex or place of birth and equality of opportunity in matters of employment, right to freedom of speech and expression, assembly association movement, residence, right to practice any profession or occupation, right against  exploitation prohibiting all forms of forced labour, child labour and trafficking in human beings, right to freedom of conscience, practice and propagation of religion and right to legal remedies for enforcement of the above are the basic human rights.

These rights and freedoms are the very foundation of democracy. Obviously, in a democracy the maximum number of the freedoms and rights are enjoyed by the people. Besides there are political rights which include to contest an election and to vote freely for a candidate of one's choice. Human rights are a benchmark of developed and civilized society. But rights cannot exist in vacuum. They have their corresponding duties. Rights and duties are the two aspects of the same coin. Liberty never means license. Rights pre-suppose a rule of law where each and every one in the society follows a code of conduct and behavior for the good of all.

It is the sense of duty and tolerance that gives meaning to rights. Rights have their existence on the principle of live and let live. For example, my right to speech and expression involve 5 my duty to allow others to enjoy the same freedom of speech and expression. Rights and duties are inextricably interlinked and interdependent. A perfect balance: is to be maintained between the two. Whenever there is imbalance, there is chaos. A sense of tolerance, propriety and adjustment is a must for enjoyment of rights and freedoms.

Human life sans basic freedoms and rights is meaningless. Freedom is the most precious possession without which life would become intolerable, a mere abject and slavish existence. In t his context the famous and oft-quoted lines of Milton from his Paradise Lost come to mind: "To resign is worth ambition though in hell/Better to resign in hell, than serve in heaven." But then liberty cannot survive without its corresponding obligations and duties. An individual is a part of society in which he enjoys certain rights and freedoms only because of Fulfillment of certain duties and obligations towards others. Thus, a freedom is based on mutual respect for each other's rights. A fine balance is to be maintained between the two or there, would be anarchy and bloodshed.

The human rights can best be preserved and protected in society steeped in morality, discipline and social order. No freedom can be ever thought of without its corresponding obligation. The rights and freedoms of an individual must be adjusted to those of others so that an individual does not become a social nuisance.

Violation of human rights is most common in totalitarian and despotic states. In the theocratic states there is much persecution and violation in the name of religion and the minorities suffer the most. Even in democracies violation and infringement of human rights and freedoms is wide- spread. The women, children and the weaker sections of the society are victims of these transgressions and violence.

The U.N. Commission on Human Right’s main concern is to protect and promote human rights and freedoms in the nations of the world. In its various sessions held from time to time in Geneva, it adopts various measures to encourage world-wide observations of these basic human rights and freedoms.

It calls on its member states to furnish information regarding measures complied with the Universal Declaration of Human Rights whenever there is a complaint of violation of these rights. It reviews human rights situations in various countries of the world and initiates remedial measures when required. It was much concerned and dismayed at the apartheid being practiced in the South Africa till recently.

The Secretary General then declared, "The United Nations cannot tolerate apartheid. It is a legalized system of racial discrimination violating the most basic human rights in South Africa. It contravenes the letter and spirit of the United Nations Charter. That is why over the last forty years my predecessors and I have urged the Government of South Africa to dismantle it."                    

Now apartheid is no more in that country but diere are other forms of apartheid being blatantly practiced world-wide for example Sex-apartheid is most rampant. Women are subject to abuse and exploitation. They are not treated equally; they are paid less than their male counter parts for the same kind of jobs. In employments, promotions, possession of property etc. they are most discriminated against.

Similarly, the rights of the children are not observed properly. They are abused and exploited. They are forced to work hard in very dangerous situations. Sexually they are assaulted and exploited, sold and bonded for labour.

The commission has found that religious persecution, torture, summary executions without indicial trials, intolerance, slavery like practices, kidnapping political disappearance etc. are being practiced even in so called most advanced countries and societies. The continued acts of extreme violence, terrorism and extremism in various parts of the world like Pakistan, India, Iraq, Afghanistan. Palestine, Somalia, Algeria, Lebonan, Chile, China, Burma etc. by the Governments, terrorists, religious fundamentalists, mafia outfits etc. is a matter of grave concern for the entire human race.

Violation of freedoms and rights by terrorist groups backed by states is one of the most difficult problems being faced by the society. For example, Pakistan has been openly collaborating with various terrorist groups indulging in extreme violence in India and other countries. In this regard the U.N. Human Rights Commission in March 1995 in Geneva adopted a significant resolution which was co sponsored by India focussing on gross violation of human rights perpetrated by terrorist groups backed by some states. The resolution expressed its solidarity with the victims of terrorism and proposed that a U.N. Fund for victims of terrorism be soon established

The Indian Delegation on this occasion recalled that according to the Vienna Declaration also terrorism is nothing but the destruction of human rights for which it shows total disregard for the lives of innocent man, women and children. The delegation further argued that terrorism cannot be t reacted as a mere crime because it is systematic and wide-spread in its killings of civilians. Violations of human rights, whether by states, terrorists. Separatist groups, armed fundamentalists or extremists, is condemnable. Such acts of violation should be categorically condemned regardless of their motivation, in all its forms and manifestations wherever and by whomever they are committed as acts of aggression aimed at the destruction of human rights, fundamental freedoms and democracy threatening the pluralistic civil societies.

The Indian delegation also underlined with concerns about the growing connection between terrorist groups as well as the consequent commission of serious crimes including rape, torture, arson, looting, murder, kidnappings, blasts,: extortions etc.

Violation of human rights and freedoms give rise to alienation, dissatisfaction, frustration and acts of terrorism. The governments run by very ambitious and self-seeking people often use repressive measures and find violence and terror as an effective means of control and obedience from the masses. But state terrorism, violence and transgression of human freedom is a very dangerous strategy. In the background of all world revolutions there has been this strategy.

Whenever there has been systemic and widespread state persecution and violation of human rights, there broke out rebellion and the revolution took place. The French, American, Russian and Chinese Revolutions are growing examples of human history. The first war of India's Independence in 1857 v/as a result of a long and systematic oppression of the Indian masses. The rapidly increasing discontment, frustration and alienation with the British rule gave rise to strong national feelings and demand for political privileges and rights. Ultimately the Indian people under the leadership of Mahatma Gandhi made Bruisers to leave India bag and baggage and the country became free and Independent.

The human rights and freedoms ought to be preserved at all cost. Their curtailment degrades Imman life. Human rights may be reshaped according to the political needs of the country but they should not be distorted out of shape. Tyranny, regimentation etc. are inimical of humanity and would be resisted effectively and unitedly. The sanctity of human values, freedoms and rights must be preserved and protected.

Human Rights Commissions may be established in all the countries to take care of human freedoms and rights. In cases of violation of human rights, affected individuals should be properly compensated and it should be ensured that these do not take place in future. These commissions can become effective instruments in percolating the sensitivity lo human rights down to the lowest levels of the governments and administrations. The formation of National Human Rights Commission in October, 1993 in India is really commendable and should be followed by other countries.