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The Constitution Of India 1949
Maneka Gandhi vs Union Of India on 25 January, 1978
I. C. Golaknath & Ors vs State Of Punjab & Anrs.(With ... on 27 February, 1967
Article 1 in The Constitution Of India 1949
Article 21 in The Constitution Of India 1949

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Central India Law Quarterly
The Concepts Of Human Rights
THE CONCEPTS OF HUMAN RIGHTS (HISTORICAL & JURAL DEVELOPMENT) Dr. Rajkishore Pathak· A- I. Conceptual Development The word "human rights" rot the international flavour only after the league of Nations and United Nations charter was framed otherwise primarily it was the subject of domestic. Jurisprudence 1 of States with various understandings and misunderstandings. What should be the nature of human rights is still a matter of debate among different sets of countries. Just after the Universal Declaration ot Human Rights 1948 and its adoption by a large number of States.2 The cold war started and sharp ideological. deferences emersed about the nature of human rights. The Westem view essentially based on liberalism with its emphasis on freedom of speech, right to a fair trial, right to political participation and so on where as the Non-Western perception was that there could be in a . given society alternative conception of human dignity that might be sought through devices other than human rights. Cultural difference are responsible for such fundamental deviation even from Universal Human Rights standard. Nowadays China is the most forceful advocate of this approach to the human rights problem. Secondly, western looks"for this civil and political rights in human rights. Whereas Non-Western insist on right to education and above all right to development. Difference between two point of views is so wide ·enough" that some of the western countries even refuse to recognize 'development' as a Human Rights.3 2. This was the reason behind adopting two covenants spearately namely Covenant on Economic. Social and Cultural rights 1966 and the Convention on Civil and Political Rights 1966 which indicated the distinction had to be drawn between two different classes of Fundamental Rights. The social an(f economic right although they appear in the Universal Declaration, to be less universal in the sense that they constitute Standards to be attained depending upon the level of economic Reader in Law, Dean Dayal Upadhyay. Gorkhpur University gorakhpur. 1. For details see "Human Rights and United Nations· by .Subhash Chandra Khare. Metropolitan Book Co. Pvt. Ltd. New Delhi 1997. 2. Universal Declaration of Human Rights adopted by the General Assembly on Dec. 10.1948 by 48 votes on 8 abstentions the Universal Declaration of Human Right. 3. See. V.N. Godgil. Times of India. 234 CENTRAL INDIA LAW QUARTERLY [2000 development of each country and they -requ.ire positive action from the Government whereas civil and political rights are concern of European Social Charter.f j' 3. If we trace the history of individual rights we see that the primitive society's rights were absolute and inherent in- them. it was neither guaranteed nor imparted to them by any one. It can be said thatthey had enjoyed almost all the civil and pt;litical rights but theis absolute right had made them like anintals. This abSolutefr'eedbm became curse for them. Consequence was the emergence of the concept of "Social contract theory". The peoplelhemselves agreed to contribute their freedoms to a "common will..··which could protect them from ': the barbaric consequences of absolute freedom. As the primitive man had no notion of Fundamental a Rights even though he did have number of freedoms which 'no civilized man can ever think of but in a society where refinement did not exist. These freedoms indicated his clOseness to other animafs. ·In other words; in the IJnmttive ~oCietv which was purely unorqanized, these freedOms had· no meaning and no relevance. I he tact ot the matter is that, in that society the social need tor liberty and freedom did not exist. 4. It is unique teatureot the history ot the development ot pol/tical nstitutions ~t1~t the progress towards and organiZed society was not a fTlV.$:",nent towards the attainment of Rights, Fundamental or otherwise. Bat towards the suppression of the absolute unrestricted and anarchic treedoms ot the primitive man. It we take a hurried look at the teudal society-.We may find that there was a total negation of the Fundamental Rights of men and oitizens, there In the social structure was based on a relationship of tenure organized in a hierarchical gradation and at the top ot the pyramid stOOd the sovereign; but even . thechiet and lords exercised almost total control over the Iiteahd liberty of there tenants. In other wOrds,the right were confined only to a few privilezed persons and the majorityofthe people had no right of freedOn'lS. Thesovereigflhad not merely the 'absolute'law making power but also the enforcement of the iawdepencieci 9nhis whimsand fancy. in the worcis of Henry Maine "there was a change from status to contract." It also meant the victory of . the free contract indispensable to indusirialand capitalist society Which . ! · · · 1 4. ~ee. <3rUStlaran Varanclam Human Htghts:t:OnStituttonal Ma