Documente Academic
Documente Profesional
Documente Cultură
BY
Mr. Ravindra Dinkar Bodke
ROLL NO - 56
UNDER GUIDANCE OF DR. RASHMI OZA
LLM GROUP - IV HUMAN RIGHTS
(SEM IV)
PROJECT SUBMITTED TO
DEPARTMENT OF LAW
UNIVERSITY OF MUMBAI
FEBURARY 2020
“A Study on Development of Human Rights from Natural
Rights”
Introduction
Human rights, also known in various terms as ‘natural rights’, ‘fundamental rights’ etc. have
been in vogue since olden times. The Human Rights issue came to limelight only after its
drastic violation became frequent to the worst magnitude. As a significant salient feature,
fundamental rights cannot be taken away by any legislature or any act of government. The
history of human rights covers thousands of years and draws upon religious, cultural,
philosophical and legal developments throughout the recorded history. It seems that the
concept of human rights is as old as the civilization. This is evident from the fact that almost
at all stages of mankind there have been a human rights documents in one form or the other
inexistence. Several ancient documents and later religious and philosophies included a variety
of concepts that may be human rights. Notable among such documents are the Edicts of
Ashoka issued by Ashoka the, Great of India between 272-271 BC and the Constitution of
Medina of 622 AD, drafted by Muhammad to mark a formal agreement between all of the
significant tribes and families of Yathrib (later known as Medina). However, the idea for the
protection of human rights grew after the tragic experiences of the enforcement and
enjoyment of human rights is closely connected with the changing of the present position of
the individuals from the object to the subject of international law as also with the total
disarmament and the disbanding of the standing armies of all the nations of the world. Any
program for the promotion of human rights must include reorganization of the present state-
system which stresses the national sovereignties. In other words, there must be an accepted
system of a ‘World Federal Government’ so that the mankind may live in peace and
prosperity, free from all wars, all wants
thus, paving the way for enjoyment of Human Rights as and when these become a reality for
the lowest of the low. So long as the nations of the world do not accept this program, the
talk of human rights is mere demagogy. It would be wise to remember that “There is
something in human history like retribution; and it is the rule of historical but by the offender
himself two world wars. Prior to the world war, there was not much codification done either
at the national or the international levels for the protection and implementation of human
rights. History teaches that in the ‘state of nature’1 man was free and could take away
whatever he can. His mania for acquisition is kept under check by the fear of retaliation and
injury by the external factors. This appears to be at odds with the cry raised in support of
Human Rights.
The need of this study was finding out how Human Rights which are Important part of Indian
Constitution and in an individual’s, life were Discover and what was history behind
formation of Human rights. Therefore, this study will shed some light on Formation of
Human Rights and
It’s History in India
Scope of research is limited to social and legal aspects only. It is limited to India. It will take
into consideration the Formation of Human Rights in India. This research will prove to be a
good source to understand the nuances of the Dalits Struggles in India.
Hypothesis:
The concern for human rights became popular particularly in the twentieth century, though it
had its roots in different forms since the time immemorial. It is not static but a part of
continuing dialectic process through which progress in the field might be manifested. In 539
B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered the city of
Babylon. But it was his next actions that marked a major advance for Man. He freed the
slaves, declared that all people had the right to choose their own religion, and established
racial equality. These and other decrees were recorded on a baked clay cylinder in the
Akkadian language with cuneiform script Known today as the Cyrus Cylinder, this ancient
record has now been recognized as the world’s first charter of human rights. It is translated
into all six official languages of the United Nations and its provisions parallel the first four
Articles of the Universal Declaration of Human Rights
AIMS AND OBJECTIVES
RESEARCH METHODOLOGY:
The study is primarily doctrinal and not empirical. It employs descriptive method with
critical analysis and evaluation of judicial decisions on matters of Human Rights and legal
aspects. There will be extensive use of the sources from the library and the internet.
In the course of analysis, original sources such as judicial decisions of Supreme Court of
India & other courts, and other report of high-power commissions will be referred. For the
purpose of critical appraisal of the role of judiciary, pertinent secondary sources such as
juristic writings, studies conducted by eminent scholars will also be referred. Standard form
of citations and references will be used while writing the thesis.
SCHEME OF THE CHAPTERIZATION:
This research will be presented in seven chapters namely-
Chapter I: Introduction
Chapter II: Historical background of Development of Human Rights
Books of authors.
Law journals.
Judicial decisions.
Internet.
All India reports.
Newspapers articles.
Media reports.
Magazines.
Report of law commissions