SugandhGandotra
“Human Rights are not a privilege conferred by the government. They are every human beings entitlement by virtue of his humanity.”
– Mother Teresa
Every year on 10th December, Human Rights Day is celebrated worldwide to mark the adoption of the Universal Declaration of Human Rights, a futuristic global pledge for all. Its importance can be understood from the fact that it is the most translated document in the world. This is the platinum year for the Human Rights Day celebration with the theme ‘Freedom, Equality and Justice for All’. 75 years ago, the world united to adopt this document which emerged from a turbulent era filled with wars, genocides, nuclear tracks and economic instability. Despite these challenges, nations came together to make a solemn promise to protect and advance the rights of every individual. In 1993, as the Cold War thawed and the Internet expanded rapidly, the Vienna Declaration and Programme of Action played a vital role in reinforcing human rights principles. Both these Declarations have been beacons of inspiration, igniting meaningful changes globally.
This landmark document mentions certain guaranteed rights that are inherent to every person, irrespective of race, class, gender, nationality, ethnicity, language, religion, or any other status. All humans are entitled to these basic rights and freedoms. The purpose of this day is to enhance knowledge of the universality and indivisibility of human rights. It is a commitment to uphold dignity, equality and justice, and a rejection of discrimination, oppression, and violence.
Article I of the United Nations Universal Declaration of Human Rights (UDHR) states,
“All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood”.
It is the duty of the state to respect the inherent worth of every individual and protect and promote these rights. The human rights culture requires a pattern of shared attitudes, values and behaviors that influence government policy-making, decisions and practices which is more than just meeting the minimum standards of law laid down in any Constitution. The people should not only be aware of their rights but should also be able to claim their rights.
Movements like Black Lives Matter, # Me Too, Fridays for Future, indigenous activism and women’s protests have empowered individuals to stand up and challenge injustices. Young people have been active participants in embracing the language of human rights to voice their concerns. Even the courts in some countries have held the wrongdoers accountable and have recognized the right to a healthy environment. The idea of a human rights-based economy is getting traction, offering a way to tackle global inequalities and aligning with the SustainableDevelopment Goals.
Disputes regarding climate change, hate speech, the reduction of space for civic engagement and the governance of the latest technologies need an answer rooted in human rights principles. We can overcome these supposedly insurmountable conflicts by embracing the universal language of human rights, a language that ensures freedom, equality and justice for all.
In India, human rights originated in the religious text of Vedas which lay down the rules and regulations to be followed in a society as per the law of God. No human being was deprived of his basic rights. In modern jurisprudence, all rights in UDHR are covered in the Indian Constitution by way of fundamental rights or directive principles of state policy. The fundamental rights are mentioned separately to mark their worth as inalienable rights as compared to other legal or moral rights. These rights are fundamental as they are basic human rights protected by our Constitution. Mainly, Articles 14,19 and 21 of the Constitution envisage human rights being fundamental to its core. Article 21 provides for the right to live with human dignity as a basic right. Various precedents show that power cannot be used arbitrarily and rights of individuals have to be addressed timely by the courts.
In the case of KeshvanandaBharti v. State of Kerela, 1973 SC, the apex court observed: “The Universal Declaration of Human Rights may not be a legally binding instrument but it shows how India understood the nature of human rights at the time of the adoption of the Constitution.” In another case of,Justice K.S. Puttaswamy (Retd.) &Anr. v. Union of India &Ors, 2017 SC, the Court heldthat,’the right to privacy was integral to freedoms guaranteed across fundamental rights, and was an intrinsic aspect of dignity, autonomy and liberty’. Thus, in the pursuit of peace, justice and equality we discover common moral ground, despite the conflicts that may divide us. We need to stand by the constitutional principles as an undercurrent running through all the decisions that are being made to reach the ends of justice.
Human rights champions like Greta Thunberg, Nelson Mandela, Mother Teresa, Malala have set examples for us to raise our voices for the injustices around us and make this world a better place to live in. Their contributions have paved the way for new generations to continue working to reach the goals of fraternity, follow equitable principles and understand the importance of seeing the world as one family.
We not only require recognition and protection of human rights but also require active promotion and defense of these rights. If we stand united, there is a lot of potential to create a more peaceful and sustainable future for our planet. As we all celebrate the 75th anniversary, we must remember that it is not just a historical document but a living testament to our shared timeless guide.Together, we can envision a future where every human’s rights are safeguarded, and conflicts are resolved through education, dialogues and advocacy. Therefore, on this Human Rights Day, let’s believe in our rights and stand up for our fellow human beings to ensure peaceful living.
The time for Human Rights is NOW.
(The author is an advocate with Jammu, Kashmir and Ladakh High Court)
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