Definition of Human Rights Under Protection of Human Rights Act 1993

Definition of Human Rights

Under Section 2(1)(d) of the Act, "human rights" are defined as the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.

Concept of Human Dignity

The concept of human rights is built on the simple yet profound idea that every person is born with a set of inherent rights, regardless of their nationality, residence, sex, national or ethnic origin, color, religion, or any other status. These are not "gifts" from a government; they are entitlements that belong to you simply because you are human.

At its heart, the concept of human rights is about Human Dignity. It suggests that a person’s life has intrinsic value that must be respected by the state and other individuals. Without these rights, it is argued that a person cannot fully develop their physical, mental, or spiritual potential.

Characteristics of Human Rights

In international law and political philosophy, human rights are defined by several distinct "hallmarks." These characteristics ensure that rights are not treated as optional or selective.

1. Inherent (Inborn)

Human rights are not earned, bought, or inherited. They are "inherent" because they are part of the very nature of a human being. You possess them from the moment of birth until the moment of death.

2. Universal

This is perhaps the most famous characteristic. Universal means these rights apply to everyone, everywhere, at all times. Whether you are in New York, Tokyo, or a remote village, your human rights remain the same.

3. Inalienable

"Inalienable" means they cannot be taken away, sold, or given up. Even if a person commits a crime or lives under a dictatorship, their fundamental rights (like the right to be free from torture) still exist, even if they are being violated.

4. Indivisible and Interdependent

You cannot "pick and choose" which rights to follow. Human rights are a package deal.

• Indivisible: You cannot take away one right without compromising the others.

• Interdependent: The improvement of one right (e.g., the right to education) usually facilitates the advancement of others (e.g., the right to work or political participation).

5. Imprescriptible

Human rights do not have an "expiry date." They do not disappear over time, even if they are not exercised for a long period.

6. Non-Discriminatory

Human rights must be applied without prejudice. This ensures that equality is the baseline for all interactions between the state and the individual.