MEANING & ORIGIN OF HUMAN RIGHTS

 MEANING

 The term Human Rights denotes all those rights which are inherent in their nature and without which we cannot live as human beings.  Human Rights being eternal part of the nature of nature of human beings.

“Human rights” are rights inherent to all human beings, regardless of our nationality, residence, sex, sexual orientation and gender identity, national or ethnic origin, color, religion, language or any other status. We are all equally entitled to our human rights without discrimination.

 

This is the modern concept of our fundamental rights but it was not always this way. The belief that everyone, by virtue of her or his humanity, is entitled to certain human rights is fairly new and is something stemming from an evolution of the consideration of human dignity over the last centuries. Its roots lie in earlier tradition and documents of many cultures.

 

According to Prof. Herald Laski “rights are those conditions of social life without which no man can seek in general to be himself at his best”.

 

In view of Dr.B.R.Ambedkar, “Fundamental Rights are the gift of law. They are essential for human beings. They are inalienable and enforceable by the State.” His theory of Fundamental Rights is related with the political democracy which rests upon four „premises‟ which could be stated as under.

 

The Term "Human Rights" denotes all those rights which are inherent in their nature and without which we cannot live as human beings. The Human Rights being eternal part of the nature of human beings are essential for the development of individual personality and human qualities, the intelligence, talent and consciences and to enable them to satisfy the spiritual and other higher demands.

Human Rights are derived from the principle of Natural Law. They are neither derived from the social order nor conferred upon the individual by the society.Human rights are the rights that a human being has in virtue of whatever characteristics he has that are both specifically and universally human.

ORIGIN OF HUMAN RIGHTS IN RELIGION

 

The origin and development of Human Rights has been on two bases, the first is the National and the second is International.
 On the National base, the conception of human rights got its breed to originate and develop in the form of religion in different countries and in different times. The conception may be felt to originate in the ideas of Mercy, Kindness and Pity on human beings in various scriptures

 

ISLAM

The origin of human rights can be traced back to the last sermon of the Holy Prophet (peace be upon him) delivered on the ninth day of Zul Hijjah (10 AH) in the Uranah Valley of Mount Arafat, where he emphasized on all kinds of rights for all, including women’s rights and a person’s right to life and property, etc.

“O people, just as you regard this month, this day, this city as sacred, so regard the life and property of every Muslim as a sacred trust. Return the goods entrusted to you to their rightful owners. Hurt no one so that no one may hurt you.”

Islam believes in five pillars. The five pillars of Islam are:

1. Belief in one God;

2. Belief in the angels;

3. Belief in the prophets;

4. Belief in the day of judgement and

5. Belief in Quran (the timeless knowledge of God).

The law also orders men to perform good works and rejects those which are reprehensible. The Muslims are enjoined to adopt right behaviour and desist from taking wrong action. The Quran also identifies the desirable qualities in male and female and assigns them the same responsibilities. The Quran also states that both men and women can enter Paradise, the work of both sexes will be rewarded, and both men and women will be rewarded according to their deeds.

CHRISTIANITY

According to Christianity, human being is the crown creation of God. He has been given absolute freedom, but constantly abuses it. Christ is the Saviour and makes atonement for the sins of people. He elevates humanity and mitigates the ignorance of the people. According to the scriptures, man is created in the image of God. Man is first of all a creation of God and is dependent on God in both being and action. He is creature composed of body and soul and has been made in the image and likeness of God. In order to bring fulfillment, the image of God in himself, the man must realize his destiny and achieve happiness. The moral duty of man is to respond to the good in the law of God, which ultimately brings happiness.

SIKHISM

Human Rights study is primarily based on the Adi Granth; the scripture of the Sikhs-which is an embodiment of monotheism, universalism, humanism, tolerance, freedom and equality. The social values which have been enshrined and practiced by Guru Nanak are man centered and provide infrastructure for the maintenance and growth of man from a natural-being to a spiritual-being. Similarly, the discrimination on the basis of caste and its vehemently creed discarded. Sikhism regards all religions as various paths of union with God. Guru Angad, second in the line of Sikhism was deeply concerned with the contemporary socio-political milieu and developed a path of justice, equality, security and individual rights. Guru Amardas, the third Guru of the Sikhs, protested against pilgrimage tax (jazia) on his visit to Haridwar. The Guru branded it as a jabar (atrocity) and did not pay the tax; subsequently, the tax was exempted by the state officials. The economic exploitation has been condemned by Guru Arjan Dev, the fifth Guru of the Sikhs. He had to sacrifice his life for the struggle of the precious human right of freedom of worship and hospitality to all visitors, which was not liked by the then Mughal emperor Jahangir and he was put to death under the orders of Jahangir in 1605.

HINDU

In old Hindu Scriptures, the individual existed as a citizen of the state and he has both rights and obligations. These rights and duties were expressed in the terms of duties (Dharma) .... duties to oneself, to one's family, to other fellowmen, to the society and the world.

The concept of Dharna which was always governed the Indian society is much more comprehensive then the modern concept of human rights. 'One of the chapter in the Gita is dedicated to Karmayoga, i.e. the Yoga of works, which "expounds the necessity for the performance of work (duty : that which out to be done) without any selfish attachment to results, with a view to securing the welfare of the world, with the realization that agency belongs to the modes of prakrti (nature) or to God himself."

In Buddhism there are two major sector i.e. Hinayana and Mahayana. 'Hinayana or the lesser Vehicle confined its idea of salvation to a selected few, but Mahayana or the Greater Vehicle extended salvation to a much large number of people.'

Hinayana's Art believes in personal salvation but Mahayana Bodhisattva wants salvation for all. So Hinayana is individualistic and Mahayana is Universal. The eightfold path of Buddhism is the path of morality, meditation and wisdom.

These also indicate human rights and it may be elaborated as under:

1. Right thought with pure mind, devoid of lust, ill will and cruelty;

2. Rights understanding of the impermanence of life;

3. Right speech avoiding falsehood, calumniation, hard words and gossip;

4. Right action not to commit murder, the sexual misbehavior, avoid false speech and intoxicants and to practice charity, purity, generosity, honesty, truthfulness and self-discipline;

5. Right vocation, not to harm or injure others.

6. Right effort, preventing vices and imbibing virtues;

7. Right mindfulness with awareness of the correct functions of body and mind; and

8. Right concentration for the disciplined meditation.

BUDDHIST

The Buddhist period reveals that people were equal in all fields of their life. Man has been the central problem of Buddhist Philosophy that gives a sense of purpose leading to a greater understanding of the concept of progress in human evolution. Every person is enjoined upon to treat others just as he or she has a love and attachment for himself or herself.

JAINISM

The word Jainism is derived from 'Jina' which means 'Conqueror' one who has conquered his passions and desires. It is applied to the liberated souls who have conquered passions and desires and karmas and obtained emancipation. Karma is the link which united the soul to the body. Right faith (Samyak Darshana, right knowledge (Jnana) and right conduct (Charita) are the three Jewels (Tri-ratna) of Jainism and all these three forms are the path of liberation.

Jainism talks about five vows (Vrata) to indicate its general character. They are in case of the ascetic

1. not to injury any living being (ahinsa),

2. not to utter falsehood (satya),

3. not to steel (asteya)

4. to lead celibate life (brahmacharya) and

5. to renounce the world (aparigraha). Buddhism and Jainism both strongly believed in Ahinsa Parmo Dharma i.e., non-injury to all living beings, therefore, they did not wage wars. The historical responses came from Buddhism and Jainism both which emphasized on the principles of equality, non-violence and denial of materialistic pleasures.