“Human Rights, Development, Challenges and Democracy”

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“Human Rights, Development, Challenges and Democracy”
By:
Hardik Sharma, Aniket Rajpurohit
Institute of Law
NIRMA University

Mailing Address:
C-302, ICB Park,
Near Gota Circle,
Ahmedabad

Contact No:
(M) 09752562689, 08460699456
E-mail ID:
Hardiksharma212@gmail.com
11bal080@nirmauni.ac.in

Abbreviations and Acronyms

CEDAW - Convention on the Elimination of all Forms of Discrimination against Women ICCPR - International Covenant on Civil and Political Rights ICESCR - International Covenant on Economic, Social and Cultural Rights JJ – Juvenile Justice

NCM – National commission for minorities
NCW – National Commission for Women
NGO - Non-governmental organization
NHRC – National Human rights commission
OVW – Office on Violence against Women
PCMA – Prohibition of Child Marriage Act
PIL – Public Interest Litigation
UDHR - Universal Declaration of Human Rights
UN - United Nations
WHO – World Health Organization.

Human Rights, Development, Challenges and Democracy

Abstract
The protection of Human rights act, 1993 of India, in section 2(d) defines Human rights as the “the right relating to life, liberty, equality and dignity of the individual, guaranteed by the Constitution or embodied in the international covenants, enforceable by courts in India”. The paper deals with the conce[pt and history of human rights that how human rights were officially recognized after II world war by United Nations with the primary goal of bolstering international peace and preventing conflict established a Commission on Human Rights and charged it with the task of drafting a document spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter. The Government of India did realize the need to establish an independent body for promotion and protection of human rights. The establishment of an autonomous National Human Rights Commission (Commission) by the Government of India reflects its commitment for effective implementation of human rights provisions under national and international instruments. The paper contains the major issues of violation of human rights prevalent in India and how the menace of these violations can be curbed through certain responses and strategies.

Introduction
Every human being has certain interests which he seeks to exercise in the form of entitlements. These claims, liberties, powers and immunities are described under the homonym ‘rights’. These rights do not owe their existence to any law. They are gifts nature. Thomas Jefferson declared that all men are created equally and they are endowed with certain inalienable rights to life, liberty and pursuit of happiness. These rights of men and women compendiously came to be accepted as ‘Human Rights’. These are ‘irreducible minima’ which belong to every member of human race when pitted against the state or other public authorities or group, gangs and other oppressive communities. They are inviolable and cannot be legitimately denied or abrogated by any power of the state. Human rights are those minimum rights against public authority or state or person, which are available to every person by virtue of being a member of human family. They have their origin from natural law which is superior to manmade law. The protection of Human rights act, 1993 of India, in section 2(d) defines Human rights as the “the right relating to life, liberty, equality and dignity of the individual, guaranteed by the Constitution or embodied in the international covenants, enforceable by courts in India” One of the very first documents, which recognized certain human rights which were to be protected by the sovereign was the ‘Magna Carta’, which was signed by King John of England on 15th June, 1215. The Magna Carta was subsequently reaffirmed by king Edward III in 1354, whereby a further undertaking was given on behalf of the sovereign that no person would be prejudiced by any state action or be harmed, except in due process of law,...
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