Human Rights Under Democracy
- Part 2 -

Dr. Koijam Manihar Singh *

Civil and political rights are substantially covered under the Fundamental Rights enshrined in the Indian Constitution. But the economic rights-right to work, right to adequate standard of living including food, clothing and housing, right to health care and right to education are yet to be protected by the Government of India.

Economic rights are of crucial importance to the survival of the vast impoverished and oppressed people. Some non-Western countries are taking seriously the protection of these rights, for instance, the South African Constitutional court in its judgment given on 4th October, 2000 held that the country must provide access to housing, health, sufficient food and water and social security to all those unable to support themselves and their dependants.

It is true that despite extensive constitutional and statutory safeguards, serious human right abuses are taking place. This is evident from the number of complaints of human rights violations which are received by the National and State Human Rights Commissions.

Article 5 of the Universal Declaration of Human Rights (1984) specifies that no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.

At the Vienna World Conference on Human Rights it was considered essential to protect and promote human rights as a matter of priority for the citizens of the international community. Human rights education, training and public information were considered essential for the promotion as well as achievement of stable and harmonious relations among various communities and also for fostering mutual understanding, tolerance and peace.

Since then there is a call for inclusion of education related with human rights, humanitarian law, democratic principles and the rule of law as subjects of study in the curricula of various academic institutions either in formal or in non-formal settings, so that, inculcation of democratic values and faith therein, sense of tolerance and patience, sustainable development and social justice in real sense may be possible to be obtained.

Human rights are those requirements that allow us to develop, to the fullest extent and satisfy our basic human needs. They are ideals based on humanity's increasing and persistent demand for dignity, respect, justice, protection and freedom for decent human existence.

The underlying concepts of human rights are related with:

1. recognition of the fundamental equality and dignity of all,
2. consideration of cultural diversity as a fundamental human value and
3. ensuring fundamental equality without any discrimination.

Thus human rights may either be related with fundamental freedom (of speech, religion and assembly), legal rights, egalitarian rights (regarding employment, education, housing and service without discrimination) or economic rights (adequate living standard with adequate food, clothing, shelter, earning a living by working, having own property, to contact gainfully with others etc.).

Under a democratic set-up it is the human rights education which may raise awareness about the human rights, protects from any sort of discrimination, unfair treatment and provides democratic structure, values as well as individual freedom.

It contributes towards the development of global and wide perspectives, insights into the idea of international society and community. It helps to make all human beings human rights-literate. In ensures essential respect for human rights in a democratic and multi-cultural society where tolerance and patience are inevitable for all.

It protects from infringement of rights of racial, ethnic and religious groups in any country or area through inculcation of global awareness and mutual understanding among the citizens. It ensures the probability of acceptance of global citizenship in all region of the world to protect humanity based culture and democratic responsibilities. It is possible to remove the fear of war in future through eradication of human rights abuses, social injustice, human selfishness and self-orientedness.

In this decade of Human Rights Education (1999-2009) the sole responsibility of implementation of human rights education and teaching of human rights are of teacher educators in general and academic administrators in particular, who may think over the matter seriously now as the time has come when we are no more in a position to keep our future citizens unaware of their rights if we really desire to maintain the democratic structure of our nation in the twenty first century.

In spite of repeating the same old story to our ignorant masses, it will be better enough to motivate them towards having at least some basic knowledge and information regarding their democratic rights. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedom under democracy.

It may be said that there are two distinct theories on rights. One theory regards rights as privileges granted by the State or recognised by the society, and the other regards them as inherent in human beings as rational and moral.

Actually, however, we find that certain rights are transferable, for instance the right to property; and certain others are non-transferable, though even the latter depends upon the law or the constitution of a State. Article 21 of the Indian Constitution states in this respect, "No person shall be deprived of his or her personal liberty except according to procedure established by law".

Since the beginning of history, an endless stream of human beings has subscribed to the theory of natural rights and less resolutely fought against the prevailing legal systems to defend the principles of natural justice, equality and liberty.

Alcidamus, the sophist, wrote,

"God made all men free; nature had made no man slave". In the Republic it was written, "There is, in fact, a true law, namely, right reason which is in accordance with nature, applies to all men, and is unchangeable and eternal. To invalidate this law by human legislation is never morally right, nor is it permissible ever to restrict its operation; and to annul it wholly is impossible."

In every democracy certain fundamental rights, like freedom of speech, freedom of association, freedom of press, freedom of conscience and such other freedoms are guaranteed. It also implies adult franchise, periodic elections, a parliament, a cabinet and an independent judiciary.

An individual rarely makes use of the rights guaranteed in a constitution. We need not have any opinions as most of the opinions in the world are ready-made. We never use the right of association; for, such an attempt needs riches, and riches are not easy to be acquired, Our freedom of speech is limited to the four walls of a drawing-room, and that too is mostly used for scandals and for vilifying the follies and peccadilloes of the next-door neighbour.

The changes that are being brought about by the impact of technology are leading to one more encroachment on man's life, that is his privacy. No modern democratic State functions without the right statistics. A statistical investigator can come and knock at the door an any fine morning in order to enquire whether anybody had any pre-marital relations, or not.

This is after all, essential for a modern State because it contemplates to legalize abortion and such others. It cannot legislate in vacuo; it needs statistics. But what about the man who has been asked to dole out the information? If a man refuses to give the information he is dubbed as anti-social and if the number of such people is more the entire society would be called primitive.

Yet, there are considerable numbers of people in the democracies of the world who think such an enquiry to be an outrageous affair. Apart from this, the personal realm of the individual is being fast eroded by ever so many influences. Noise is the chief among them. Not only the supersonic jets, but also the neighbour, who switches on his radio, prevents us from having sound sleep.

In slightly less developed countries which belong to the world of democracy the wireless set is by far the greatest menace. The moment one acquires a radio set, one's immediate objective is to impress the neighbour by turning the volume full throttle, and that too, when it is blaring out some cacophony-either the blaring of some commercial radio or the dim-witted talk of a popular politician, thus infringing others right to privacy.

Thus we must be aware of it.

To be continued ....

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* Dr. Koijam Manihar Singh , M.Sc (Maths), M.A. (Econ.), LLB., P.G.D.C.A., Ph D,D.Sc. (th.s), FIMA(U.K, Ch. Maths, (Eng.), FAAAS (U.S.A), FRAS (London). He was the Principal (Retd.), for Ideal College, Imphal.
This was published by DIPR Manipur on the eve of Khongjom day 2009.
This article was webcasted at e-pao.net with due permission and courtesy from DIPR Manipur on 24th July 2009.

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