Human Rights: A Concept Beyond The Propaganda, Can Be A Saviour Of World In Corona Crisis
Human rights: A Concept Beyond The Propaganda
Generally, we hear this word during news channel debates, where human right activists argue for rights of the accused more than rights of the victim; and a general trend has become that human rights are a concept to support the accused/criminals. Is it so? Have we really understood it? Or this saviour of humanity has been misrepresented before the common man.
Concept Of Human Rights
Human beings are rational beings. By virtue of being human they possess certain basic and inalienable rights, these are commonly known as “Human Rights”. They become operative since a person's birth. These rights are inherent in every human being. These are not provided by anyone or anybody for a particular qualification or as a reward to someone. Everybody is entitled to these rights without any kind of specific criteria or differentiation. That’s why these rights are known as inherent, a birthright for every human being.
Objective Of These Rights
These rights are essential for every individual as they are inconsonant with their freedom and dignity. These rights are necessary for the fullest development of every human being. These are essential for this world to maintain an order of humanity and peace. The scars of world war-2, made the world realise that without securing human rights of every individual irrespective of his nationality, race, caste and gender we cannot maintain peace and harmony and we could be at the doorstep of an another World War.
Origin
This concept is as old as human civilisation. If we see the trajectory of human Rights, almost in every religion we can find it’s traces in the terms of good Karmas, equal treatment for all, and the compassionate behaviour towards everyone.
In present context the term “Human Rights” is developed by the world level organisations like United Nations and by the combined efforts of world leaders like American President Roosevelt and Britain’s ex Prime Minister Churchill after Second World War to maintain peace and harmony. Later on by the adoption of the Universal Declaration of Human Rights by the United Nations in 1948 it has got recognition and importance worldwide. Further through many convention and constitutions it has found a proper place in legal manner in almost every democracy of the world, but its true implementation is still far away.
In present context the term “Human Rights” is developed by the world level organisations like United Nations and by the combined efforts of world leaders like American President Roosevelt and Britain’s ex Prime Minister Churchill after Second World War to maintain peace and harmony. Later on by the adoption of the Universal Declaration of Human Rights by the United Nations in 1948 it has got recognition and importance worldwide. Further through many convention and constitutions it has found a proper place in legal manner in almost every democracy of the world, but its true implementation is still far away.
Misguided Concept: A Tool For Defence Argument
If we see the use of concept through a layman’s perspective it is like whenever any criminal is in the legal web of which there is no escape, there are certain groups that come forward as his saviour for the sake of human rights. And there is a general perception that Human rights are deviced to favour criminals only. Even once a headline from a famous English paper the Sunday telegraph described human rights as criminals right. Is it truly so?
All people have different ways to see human rights. For example for one it is a humanly justified demand to rectify all sorts of injustice; for others, it is no more than a slogan to be treated with suspicion, or even hostility. For Lawyers it is considered as an art, of representing their client for the sake of defence. However it is a shield and a sword as well, depending upon circumstances. Every lawyer whether from the victim's side or accused’s side want to use it as an favour from judicial system for his client.
Whenever any brutality is done in terms of crime against humanity, the defence lawyer come up with “Human Rights Card” as his last weapon.
But is he doing something against law? Does by invoking defence of human rights by the criminal this great tool will loose its shine? No. It will not. Because human right is above all the differentiations. It is universal in approach, ever expanding in trends and non discriminatory in nature. It cannot be different for an accused or the victim, it is same for all human beings.
Then what about victims? Don’t they have human rights? Yes ofcourse they do have. Then where is the problem? Why is this concept misunderstood? It is so because we are lacking in its true application. When a crime is done the first person who gets deprived of his human rights is the victim, and further when an accused is harassed without being proved guilty is again a deprivation of human rights. That the accused also deserves a proper judicial trial, a right to putforth his defence and show his innocence. However if after a legal trial the law holds him guilty he deserves to be punished but as a human.
Human rights cannot be against a victim, how can it be? The very soul of this concept is to save any human being from becoming a victim. It is about providing every person a right to life, liberty, freedom of expression and basic necessities for a dignified life. It is about treating a human as a human and nothing more or nothing less; treating all with equality.
The Supreme Court has said in landmark case of “Destruction of Public and Private Properties versus state of A.P.AIR 2009. That if we lay too much of emphasis on protection of their(of the hardened criminals) fundamental rights and human rights, such criminal may go scot free without exposing any element or iota of criminality with the result the crime would go unpunished and in the ultimate analysis the society would suffer.
Our Apex court has shown stringent views while granting death punishment to Nirbhaya case offenders, denying any mercy plea on the ground of human rights. Similarly in Indian penal code we have death penalty as punishment for many heinous crimes. However there is conflict of views regarding death penalty among many thinkers or jurist; but it is a reminder that whenever brutality crosses its limits, and an offender becomes a demon there is no human rights card available to him.
Today when we are at verge of the biggest crisis in the history of humanity. Our approach of treating all with equality and dignity, having compassion for all and respect for everyone’s basic rights can save the world. As per Indian Vedic scripture the earth can survive in worst conditions also, even if there is minimum humanity left because that’s what is holding this world. Now the time has come when we must understand the concept behind misconceptions i.e. human rights. It’ is nothing but the right of every human being to be treated like human. So come forward show your compassion to the world, be a duty bound citizen, fulfil your responsibilities and become a human above everything.
Stay safe! Stay home! Stay aware!
Whenever any brutality is done in terms of crime against humanity, the defence lawyer come up with “Human Rights Card” as his last weapon.
But is he doing something against law? Does by invoking defence of human rights by the criminal this great tool will loose its shine? No. It will not. Because human right is above all the differentiations. It is universal in approach, ever expanding in trends and non discriminatory in nature. It cannot be different for an accused or the victim, it is same for all human beings.
Then what about victims? Don’t they have human rights? Yes ofcourse they do have. Then where is the problem? Why is this concept misunderstood? It is so because we are lacking in its true application. When a crime is done the first person who gets deprived of his human rights is the victim, and further when an accused is harassed without being proved guilty is again a deprivation of human rights. That the accused also deserves a proper judicial trial, a right to putforth his defence and show his innocence. However if after a legal trial the law holds him guilty he deserves to be punished but as a human.
Judicial Approach
Our judiciary has always played a significant role to protect human rights through its judgement and guidelines.Human rights cannot be against a victim, how can it be? The very soul of this concept is to save any human being from becoming a victim. It is about providing every person a right to life, liberty, freedom of expression and basic necessities for a dignified life. It is about treating a human as a human and nothing more or nothing less; treating all with equality.
So we have to understand when we talk about an accused’s human rights, we are not denying same to the victim. Human rights is about giving an accused a deserving punishment as per the established law only after he has been proved guilty. As an offender has every right to be tried and punished in accordance with the law and any punitive action taken outside the ambit of law is illegal. Besides, no matter how heinous the crime be, and howsoever dangerous be the criminal, he or she has every right to a fair trial.
The Supreme Court has said in landmark case of “Destruction of Public and Private Properties versus state of A.P.AIR 2009. That if we lay too much of emphasis on protection of their(of the hardened criminals) fundamental rights and human rights, such criminal may go scot free without exposing any element or iota of criminality with the result the crime would go unpunished and in the ultimate analysis the society would suffer.
Our Apex court has shown stringent views while granting death punishment to Nirbhaya case offenders, denying any mercy plea on the ground of human rights. Similarly in Indian penal code we have death penalty as punishment for many heinous crimes. However there is conflict of views regarding death penalty among many thinkers or jurist; but it is a reminder that whenever brutality crosses its limits, and an offender becomes a demon there is no human rights card available to him.
True Implementation Of Human Rights Is Need Of The Hour
It’s true implementation is not in the court-trials or where crime is done but it lies in treating all vulnerable people who have been denied these rights such as poor, disabled, stateless-person, displaced person, women, children etc with equality and dignity on daily basis. Human right is about treating unequals with equality and respect. In present context even if we treat our fellow countrymen who are suffering from covid-19 or have been suspected of it, also those who are treating them i.e. our doctors, policemen, and all other corona worriers and frontline workers fighting this battle with respect and dignity; we will be successful in implementation of human rights.
As once our former Chief Justice Shri J.S. Verma has rightly mentioned that ”Dignity is the quintessence of all the human rights” which means that human rights is mainly about everyone’s right to a dignified life. It cannot be implemented through conventions and laws, but through understanding of its true meaning and it’s importance by all the humans.
Article 1 of UDHR states that “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 sprit of brotherhood”.
As once our former Chief Justice Shri J.S. Verma has rightly mentioned that ”Dignity is the quintessence of all the human rights” which means that human rights is mainly about everyone’s right to a dignified life. It cannot be implemented through conventions and laws, but through understanding of its true meaning and it’s importance by all the humans.
Article 1 of UDHR states that “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 sprit of brotherhood”.
Stay safe! Stay home! Stay aware!
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Comments
Keep it up ....👍
Mam keep sharing
Very well written