BHR – CHAPTER – 1 – NOTES

Objectives of Basic Human Rights

• Understand the history of human rights.
• Learn to respect others caste, religion, region and culture.
• Be aware of rights as Indian citizen.
• Understand the importance of groups and communities in the
society.
• Realize the philosophical and cultural basis and historical
perspectives of human rights.
• Make students aware of their responsibilities towards the nation.

Introduction:
• Became more popular after World War – II, where millions of people
lost their lives.
• United Nations – took pledge for Universal respect and freedom for
all.
• Human Rights are Law:
Law: Collection of rules which are used to organize the life between
humans.
Law = Moral Principles.
• In case of violation of Law, sanctions can be imposed at individual,
national or international level.

Human Rights is applied to:

• Promote dignity of human beings.
• To all human beings irrespective of religion, social origin, nation etc.,
Human Rights can be of TWO types:
i) Civil and Political rights: Protection against abuse of Power. Ex:
Right to Vote etc.,
ii) Economic, Social and Cultural Rights: Help individual to live a
decent life and fulfill their essential needs. Ex: Right to work, right to
health etc.,
• Fundamental rights that belong to every person simply by being a
human being.
History: Nazi atrocities against few group of people.
• United Nations Organization formed in 1945 to maintain peace and
promote human rights.
• More Human Rights: Life and Liberty / Slavery / Privacy / Education /
Work / Leisure.
• Language: No Discrimination
• Education to all.
• Human rights are Universal and interrelated.
• Applicable to all nations.
Human rights are indivisible and highly interrelated

Evolution of Human Rights

 We must recognize our ancestors and elders, whose shoulders we
are standing upon.
 Emergence of caste, ethnicity, resurgence of religious
fundamentalism, linguistic perspectives, escalating level of violence
in various walks of public life.
 High amount of corruption, gender based discrimination, violence
against tender age children, use of money and muscle power in
elections by political parties for their selfish needs.
 Lack of proper basic needs ( such as food, clothing and shelter),
inadequate health care, malnutrition, poor infrastructural facilities,
illiteracy,
 Inefficient use of science and technology etc., clearly leave strains on
the working of the constitution as a functional democracy.
 To bring back the glory of the nation and to revive the ancient
culture, various government and nongovernmental organizations
(NGOs), scholars, philanthropists (who promote the welfare of
society) stressing a need for values, morals, ethics and the concept
of dharma through human rights.
 Ancient Indian society was highly structured and well organized with
fundamental rights and duties not only to individuals but also to
classes, communities and castes clearly mentioned.
 The concept of Dharma was the rule of the Law.
 Even kings have to obey and took pledge to act according to
“dharma opposed to politics”.
 King shall provide the orphan, the aged, the infirm (physically and
mentally not strong) and helpless with maintenance.
 Treat with kindness to helpless mothers and children they gave birth
to.
 Global society is like a family – “Giving and Sharing”
 Not a market place where everything is brought and sold.
 The main concept of human rights is ‘Respect for human personality
and its worth’ regardless of color, race, gender, religion or other
considerations.
 Human rights have political, social and economic considerations.
 Social and economic rights are primary while civil and political rights
are higher.
  There exists a wide gap between precept (theory)and practice
between principles and their application.
 Each society has to evolve its own model of implementation and
protection which may be best suited to its needs rather than
borrowing foreign models.
 Equality of opportunity in trade and business.
 Slaves were herded as animals in dark cages of ships and sold to
elite society in Europe and America.
 If 50% of stock reached the destination alive, the average was
considered not bad.
 In recent history, incidents of Hiroshima, Nagasaki, Vietnam, Iraq
etc., show cruelty towards human rights.
 National and international gangsters or terrorists use human rights
as a weapon against lawfully constituted democratic governments in
the third world countries.
 Conflicts arise and Human rights all over the world are threatened
by:
i) Excessive concentration of wealth with few countries. It is observed
that in 30 years (1960 to 1990), the rich 20% of the world have increased
income and consumption to 86% while the poorest 20% had their share
reduced to 1%.
ii) Racial discrimination, restrictive trade practices.
iii) The growing gap between developed countries and poor developing
countries.
iv) The most powerful countries using stick of human rights in their trade
war to bar the entry of more competitive goods from developing
countries.
 Human rights education needs to start at the primary level : in
teaching the child to respect itself and adult society.
These teachings should be practiced with also, merely telling stories to
child related to values will not help.
 • Fundamental rights that belong to every person.
• Education is included in Human Rights recently.
It is a tool to transform theory and practical
applications into every day “ Social Practice”.

Human Values:
• These are the virtues that guide us to take into account human
element, when one interacts with other human beings.
• Simply feelings for other human beings.
• Gives us a feeling of bonding, comfort, power, security, friendship,
honesty, fairness, respect etc.,
• Truth, Honesty, Loyalty, Love, Peace etc., are basic inherent values.
• These are considered as Universal, Timeless & Eternal applying to all
human beings.
Ex: A Person gives more importance to his brother than his Job. Here
job has less value compared to his brother.
• Human values guide towards right path giving sense of Peace and
Rightness.
There are Five Human Values:
i) Right Conduct ii) Peace iii) Truth iv) Love v) Non-Violence.

Human Rights and Duties: Origin:-

• Discovered in 555 -529 BC, from the reign of Cyrus the Great.
• Modern Human Rights from English bill of rights (1688), American
declaration of Independence (1776), French declaration of rights of
Man (1789).
• Legal Process – From Universal Declaration of Human Rights 1948
(UDHR).
Contribution of American Bill of Rights:
Adopted in 1971
• Freedom of Religion: Free from government influence or
compulsion.

French Revolution:
 Major event in history and has a big effect on the world today.
 In 1789, French people removed absolute monarchy and brought
republic – based on equality and liberty.
 Three classes were there – Clergy, Nobility and Peasants.
 Majority of them (Nearly 96%) were Peasants and they lacked
Political and Economic Power.
 These things made people to question the authority of king and
overthrow the monarchy.

Introduction:
• Freedom of Speech, Press, Petition etc.,
• PRIVACY: Free of unwarranted and unwanted government intrusion
into personal and private affairs, papers and possession.
• DUE PROCESS of LAW: Treated fairly by government whenever the
loss of liberty or property is at stake.
• Equality before the Law: Equal before law regardless of social status.
• Human being is a Social animal.
Personal Life ----- Right
Social Life ----- Duties
Rights of Citizen:
• To Vote and hold public office.
• To say what you want in speech or writing.
• To practice your religion.
• To a fair trial.
• To be protected by your government.
• To privacy in your home and private life.
 Duties of Citizen:
• Obeying the Law.
• Defending your Country.
• Paying taxes.
• To uphold and protect the sovereignty, unity and integrity of India.
• To safeguard public property and not to use violence.

Torture Example:
• The United States used torture on a large scale against terrorism
suspects, claiming that suspects had given up their rights
• At the same time their prisoners were also denied
the Right to a Fair Trial and the Right to be Considered Innocent until
Proven Guilty.
• Human beings every where demand Individual and Collective well
being.
• However their demands or rights are denied through exploitation,
denial or oppression etc., in many countries of the world.
• Therefore Basic Human Rights become popular.
• Human rights abuse can be in the form of political imprisonment,
discrimination, disappearances, extra judicial killings, torture,
arbitrary killings and arrest etc.,

The Basic Concepts:

 Man is a Social Animal. He/She cannot live without Association i.e.,
lead a Group Life.
 Man has many needs like social, mental and physical needs for
fulfillment.
 He cannot fulfill these needs without living in a Group called
‘Society’.
 One cannot be ‘Normal’ in isolation.
 Self development of human and his mind is possible only by living in
Society.
 The Society shapes our attitudes, beliefs, morals, ideals and thereby
shapes ‘individual personality’.

Introduction – Culture, Society

• CULTURE: Binds a particular society together, includes its manners
and morals etc.,
• Humans evolve and adapt primarily through culture rather than
changes in anatomy or genetics.
• Cooking, shelter, clothing, jewellery, art, architecture, music, dance,
ritual, religion etc., are said to be cultural (Material) and found in all
human societies.
• Mythology, Philosophy, Literature are intangible cultural heritage of
the society.
• High Culture – of Social Elite, Low Culture, Popular Culture or Folk
Culture of the lower classes.
• SOCIETY: A group of people who have learned to live and work
together. Society is a Macro system and within the society, culture
refers to the way of life is followed by the group.

Group
 It is in our nature to identify with – Family, Town, City, State,
Country and so on.
 Human have strengths, weaknesses etc and depend on each other
for security, guidance and so on.
 We live in groups to share & help each other.
 We have to learn from one another, practice good things set
standard values of behaviour.
 Life can be easier, when people can depend on each other for
various things.
 Person (Individual): Most complex and Many definitions are there.
 Science: Humans as higher animals, anatomy and physiology,
dissection, DNA etc.,
 Religion: Who is Person? Is he a spark of the divine or a fallen
creature from heaven?
 Finally social philosophy asks how “human beings “can become
“human person”.
 Possession of rights makes Human being a human person.
 All humans are equal and independent, will not harm another in his
life, health, liberty or possessions.
 In Indian context, human beings to human person are by fulfilling
Dharma and obligations (responsibilities).

Rights of Working People

• Worker is Protected at work and safety to be the first priority.
• Providing Health and accident claims.
• Pay, Hours of work, Holidays , disciplinary and grievance procedure
etc.,
• Minimum wages act rules must be implemented.

Rights of Exploited People

• India is source, destination and transit country for men, women and
children for – Forced Labor & commercial exploitation.
• Held in debt bondage and forced in –brick kilns, rice mills,
agriculture and factories. Nearly 20 to 65 Million Indians.
• Women and girls are trafficked with the country for the purpose of
commercial exploitation, forced marriages etc.,
• Children are subjected to forced labor, domestic servants, beggars
and agricultural workers.
• Also as armed combatants by some terrorist groups.
• To take care of the human rights of these people, Government of
India has come up with Immoral Trafficking Prevention Act (ITPA).
• Penalty under ITPA ranges from 7 Years to life imprisonment for
grave crimes.
• Also India prohibits bonded labor and forced labor (Bonded Labor
Abolition Act, Child Labor Act, The Juvenile Justice Act).
• Indian authorities also use Sections 366(A) and 372 of the Indian
Penal Code prohibiting kidnapping and selling minors. 10 Years
imprisonment and fine, if found guilty.

Religion
• Set of beliefs held by a group of people.
 Beliefs about the world and the people in it and their purpose.
 These beliefs are often linked to God and spirits.
 There are many religions such as Buddhism, Hinduism, Islam,
Jainism, Christianity etc.,
 Religion is a matter of faith or belief based on conviction rather than
scientific evidence.
 Faith is portrayed through the use of rituals which are formal,
ceremonial behaviors and are sacred.
 Religion helps: a) Provides social cohesion and social harmony.
b)Social control to enforce religious based morals and norms and
control society.
 Beliefs and rituals are two main components of religion.
 Religion is a complex phenomenon. It includes complex of emotions,
feelings and attitudes towards mysteries and complexities of life.
 The meaning of religion in much wider than that is used in religious
books and scriptures.
 Religion – Institutionalized systems of belief, symbols, vales and
practices that provide people solution to their questions of ultimate
being.
 Social Problem
 A social problem disrupts the balance of the society.
 Some are poor, unemployed, poor health, divorce and many have
family problems.
 They drink too much alcohol and commit crime.
 If few people are not getting job, we can say them as lazy, but when
millions are out of work, it is termed as social problem.
 Individual problems are somehow related to social problems, hence
there should be a social mechanism to solve such problems.

Social and Communal Conflicts

 When two or more group of people opposes each other.
 May be due to sharing of resources or power etc.,
 According to Karl Marx – Common causes are lack of common
understanding, poor communication skills, unclear or unfair
expectations and so on.
 Reservation – a example of conflict theory. Earlier few castes in
society were suppressed, after lots of struggle succeeded and few of
them grew socially and economically.
 The cycle of conflict would repeat, unless true socialism is instituted
to achieve peace.

Communal Violence
 Involves people belonging to different religious communities
carrying unfriendly feelings, wild anger etc.,
 Generally there is no leadership during communal riots, which can
control and prevent the situation.
 It is based on merely hatred, enmity and revenge.
 Few political parties tolerate and few encourage.
  Political parties and leaders take a different attitude than collective
stand against negative impulses.
 It disrupts peace and stability through statements and threatens the
unity of India.

Social Harmony
 Creating social awareness against all unwanted things by uniting
people can solve many social problems.
 Concrete and effective measures for the inclusion of the
downtrodden in social, economic and political process.
 Avoiding unnecessary conflicts among political rivals can improve
social harmony.
 Poverty and Violence go hand in hand. It is observed that violence is
more in poorer countries.
 Martin Luther King said “Peace is not absence of violence, but the
presence of justice”.

Rural Poverty and Un-employment

Reasons:
 Poor Infrastructure, insufficient road connectivity – hindrance for
accessing markets.
 Hence rural areas become isolated and urban areas benefit.
 Shortage of power supply, old agricultural equipment results in
fewer yields of crops.
 Access to markers, health and educational facilities can be improved
by proper up gradation in road and rail connectivity.
 Land reforms, Use of technology, education helps in reducing rural
poverty and unemployment.
 Bonded Labor
 Global Phenomenon for past thousands of years.
 Bonded laborers are still being exploited – carrying burden of
neglect, suffering and frustration.
 Lakhs of adult males, females as well as children are suffering under
its burden.
 It is an agreement between a ‘Creditor and Debtor’.
 The debtor mortgages his services for a specified period of time
because of economic compulsions.
 Mainly economic, however social and religious factors support the
custom.
 In 1976 Govt. of India has brought Bonded Labor (Abolition) Act.

Causes:
 Economic causes include extreme poverty, inability to find work for
livelihood, inadequate size of land to support family
 Lack of alternative small scale loans, natural calamities like drought,
floods etc.,
 Absence of rains, drying of wells, constant rising prices
 High expenses on occasions like marriage, death, birth of child
lending to heavy debts.
 Corruption among government officials.
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