HISTORICAL DEVELOPMENT OF THE CONCEPT OF HUMAN RIGHT

 Core Definition and Concept

• Definition (India): Section 2(d) of the Protection of Human Rights Act, 1993, defines Human Rights as the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in International Covenants and enforceable by courts in India.
• Primary Aim: Initially, the goal was to put restrictions upon the authoritarian power of the State.
• Natural Rights: These are certain rights that cannot be violated at any time by the State, such as the right to security.

II. Key Rights Discussed

• Right to Security: Considered the primary Human Right, essential for the existence of Society or the State.
• Right to Equality (Art. 14, Constitution of India): Means no human being is higher or lower in the eyes of the LAW, prohibiting discrimination on grounds of religion, race, or caste, and mandating equal treatment for minorities and between males and females.
• Right against Exploitation (Art. 23, Constitution of India): A right that often remains "merely on paper" due to issues like refusal to employ females (addressed by the Equal Remuneration Act, 1976), unequal property rights for women (under Hindu and Muslim Law), and widespread child labor.
• Supreme Court Rulings (Art. 21 - Right to Life): The Supreme Court has expanded the meaning of Article 21 to include the Right to Health, Right to Environment, the Right to Life, and the Right to Live with Dignity.
• Right to Education: Though not originally a Fundamental Right in the Constitution, it was declared one by the Supreme Court in the 1993 Unnikrishnan case.

III. Historical Development (National & International)

Document/Event	Date	Location	Key Contribution
Magna Carta	1215	England	Protected rights of Lords (later citizens), notably Article 39: protection from imprisonment/exile except by lawful judgment.
Petition of Rights	1628	England	Parliamentary declaration: no taxation/indebtedness without Parliament's permission; no arbitrary imprisonment; no martial law in peacetime.
Habeas Corpus Act	1679	England	Ensured the validity of a prisoner's sentence is expeditiously heard.
Bill of Rights	1689	England	Condemned the King's power to suspend laws without Parliament's approval; aimed to expand benefits of Habeas Corpus to non-criminal charges.
Declaration of Independence	1776	USA	Declared certain inalienable Human Rights.
French Revolution	Late 18th Century	France	Declared, "All men are born free, they remain free and they have equal rights."
Universal Declaration of Human Rights (UDHR)	December 10, 1948	International (UN)	Framed to universally accept natural Human Rights across all States.

IV. Current Challenges in India (Concrete Numbers)

The text highlights that Human Rights often remain "merely on paper" due to severe economic and social issues:

• Poverty: Nearly 30 crores (300 million) of people are living below the poverty line.
• Other Issues: Acute problems of economic inequality, unemployment, a high rate of child mortality, and vast prevalence of child labor.