The study and exploration of Human Rights and Human Rights Law
has of late become a matter of serious concern both in lay man circles and in
judicial circles and Human Rights law is going to form a major input of
Jurisprudence. Many judgments made by courts could today involve
Human Rights in the ultimate analysis and could influence judgments.
Basically Human Rights involves Humans and a special field of
study under it covering Women’s Rights, Child rights and
rights of the disabled. Constitution is the ultimate law of
the country and in various articles guarantees various
forms of rights that add up to dignified living.
A right is a duty of the State and Duty is the right of a state.
In other words Human Rights is something the State must provide and
Duties are something that individuals must perform towards the State.
What is Human Rights basically ? It has two
components. First is the basic supply of requirements of individuals by the
State and secondly it is to ratify or measure any misuse of State machinery to
the detriment of any individual. Both these components add up to Human Rights
Law. Civilized societies have higher order understanding and implementation of
What are basic necessities of an Individual. Some of these are
discussed in the Maslows Need Hierarchy. At the fundamental level is
the biological needs like food and water and the like which must be provided by
the State mechanism. The next level is the Security needs.. it would
involve shelter and the protection of an
individual’s personal belongings. The next level is affiliation
needs like the right to make purposeful associations and friendships and other
legally approved associations like Marriage..Next comes ego needs..the need to
own possessions of any kind and finally Actualization needs..the
right to express oneself in various forms and mannerisms. State has
to provide these basic inputs. In many cases in Courts Human rights form an
intrinsic component and also the basis on which judgments can be
made and challenged.
The second component of Human Rights is to protect the
individual from the excesses of the State.State cannot exercise wrongful
confinement of individuals, forced disappearances,torture both of a physical
and mental kind,criminal intimidation so on and so forth. Such situations come
under the Human Rights regime and can be deliberated so.
Under Human Rights come certain special provisions
for women ,child and the disabled.Women have certain special rights under
certain conditions and the subject matter would need a separate discussion.
Under Child rights come children and infants who have an intrinsic right to be
fed. They need not pay consideration for food but must be given food of
adequate quality for free.Children must be given their right to express
themselves. So is rights of disabled.Rights of disabled is in the form of
reservations or specialized provisions.
The above is in a nut shell what Human Rights are all about and
the subject continues to grow vociferously with time and would be an area of
serious concern of Human Beings around the globe.