1

CHAPTER I

INTRODUCTION

1.1.0 CONCEPT OF HUMAN RIGHTS

The term ‗Human Rights‘ is comparatively recent in origin but the concept of

‗Human Rights‘ is not new. It is as old as the history of human civilization itself.1

Therefore, the origin of human rights can be traced to the doctrine of ‗Natural Law‘,

which has culminated into the concept of ‗Fundamental Rights‘ in the modern legal

system. During the dawn of civilization, these rights were inherent in the doctrine of

natural law. Throughout the centuries, there has been a close connection and

interdependence between the idea of ‗natural laws‘ and the idea of the ‗natural rights‘ of

man.2 The natural rights being inherent in the human personality are not given to the

people by the state. In fact, a state or states are not capable of creating human rights by

law or by convention, they can only confirm their existence and give them protection. At

this level, these natural rights command only ‗respect‘. But, for their realization, when

these rights are protected or guaranteed by the ‗positive action‘ of a State, they are known

as basic legal rights or fundamental rights in the modern legal system.

Human Rights are those minimal rights, which make the living man on this earth

human. Human Rights are the entitlement of every individual in all parts of the world by

virtue of his being member of the human family, irrespective of any other consideration.

Therefore, these equal and inalienable rights of all members of the human family are the

foundation of freedom, justice and peace in the world and disregard and contempt for

human rights have resulted in barbarous acts which have outraged the conscience of

mankind.3

The Dictionary of the English Language describes ‗Human Rights‘ as ‗the right to

the fulfillment of such vital needs as food, shelter, health care and education and the,

1 Gahrana, Kanan ―Human Rights : A Conceptual Perspective‖, Journal of the Indian Law Institute,

p. 367. 2 Singh, Daljit : Human Rights and Judiciary in India : Contemporary Interface, Amritsar Law

Journal. pp. 9-10. 3 Rao, Digumarti Bhaskara : Human Rights Education, p. 489.

2

right to enjoy civil and political liberties'.4 The concept of Human Rights in its expanded

connotation now encompasses what are called ‗third generation‘ rights which includes

right to self-determination, the right regarded as belonging to people rather than

individuals, the right to sovereignty over natural wealth and resources of the country and,

the right to development as well as rights of disadvantaged groups to special protection.

The Lexicon Universal Encyclopedia describes the expression ‗Human Rights‘ as

basic political and social conditions – variously defined, to which every individual is

entitled as human being. Originally they were called natural rights or the rights of man,

and included the rights to life, liberty and pursuit of happiness as cited in the U.S.

Declaration of Independence. Over the years the concept of human rights has been

broadened to include rights to social benefits such as social security, rest and leisure and

education.5 Human Rights have to be interpreted with some degree of relativity to ensure

fairness to all and the interests of society as a whole. In this respect, the general principles

which temper the impact of substantative human rights in their individual application are

vitally important in determining the ultimate scope of human rights protection.

The U.S. Department of State, in January 1978, released an official U.S.

Government definition of Human Rights as freedom from arbitrary arrest and

imprisonment, torture, unfair trial, cruel and universal punishment, and invasion of

privacy, right to food, shelter, health care and education, and freedom of

thought, speech, assembly, religion, press, movement and participation in

government.6 Human Rights clubbed with the realization that without guaranteeing

economic social and cultural rights, full enjoyment of civil and political rights was not

possible led to the inclusion of economic, social and cultural rights, popularly described

as 'second generation' rights. These 'second generation' rights place a more positive duty

on governments to act in order to ensure the realization of these 'rights.

The Protection of Human Rights Act, 1993 came into existence on 28th

September, 1993 defined 'Human Rights' to mean the rights relating to life, liberty,

equality and dignity of the individual guaranteed by the constitution or embodied in the

4 The New Lexicon Webster‘s Dictionary of the English Language, p. 471.

5 Ibid., pp. 297-98.

6 Gautum, Ashwani Kant: Human Rights and Justice System, p. 6.

3

international covenants and enforceable by courts in India.7

In other words, all rights are

given by the people to themselves & the sanction behind them is the constitution & the

law of the land and not any natural, divine or immutable commandment or endowment.

Establishment of Human Rights culture demands elimination of all kinds of

exploitation, not only at the hands of the state, but also by members of civil society.

"The foundational norm governing the concept of human rights is that of respect for

human personality and its worth, regardless of colour, race, sex, religion or other

considerations.‖8 These rights are essential for the adequate development of the human

personality and for human happiness.

D.D. Basu defined human rights, "as those minimum rights which every

individual must have against the state or other public authority by virtue of his being a

member of human family, irrespective of any other consideration".9 Human rights do not

lay a separate set of rights for men and women, rich and poor, higher caste or lower

castes; they are equal for all and include access to basic human needs : life, food, shelter,

work, leisure, education, liberty, without bias or discrimination.

After these preliminary considerations we may come straight to the meaning of

human rights. Human Rights, as we have seen comprise rights of individual or groups in

a society in all spheres of life from conception upto the last breath i.e. from birth to death.

That implies all those rights that every individual must have by virtue of his being a

member of the human family irrespective of any other consideration. These rights allow

us to fully develop and use our human quality, our intelligence, our talents and our

conscience and to satisfy our spiritual and other needs. They are based on

mankind‘s increasing demand for a life in which the inherent dignity and worth of each

human being will receive respect and protection.

So human rights, whether recognized or not, belong to all human beings at all

times and in all places. These are the rights which are solely by virtue of being human,

irrespective of any distinction.

7 Iyer, Krishna, Justice, V.R. : Human Rights and Human Wrongs, p. 144.

8 Nautiyal, Annpurna: Fifty Years of Human Rights, p. 3.

9 Reproduced, Rajawat, Mamta: Burning Issues of Human Rights, p. 33.

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1.2.0 HISTORICAL DEVELOPMENT OF HUMAN RIGHTS

The new phrase ‗Human Rights‘ was adopted only in the 20th

century from the

expressions previously known as ‗Natural Rights or Right of Men‘. Introducing the

concept of Human Rights it can be said that Human Rights is a 20th

century name for

what has been traditionally known as natural rights or, in a more exhilarating phrase, the

rights of men. The Greek thinkers developed the idea of ‗natural law or natural right.‘

They said man possesses ―insight‖ and this insight reveals to him the goodness and

badness of things and makes him know the absolute and eternal values. These rights find

a prominent place in the modern human rights jurisprudence.10

According to Greek

Philosophy, the laws of nature are unwritten. Human beings are born with human rights,

which are inalienable.

The stoic philosophers formulated the theory of natural law after the break down

of the Greek City States. The central notion of the stoic philosophy was that the

principles of natural law were universal in their nature. Their application was not limited

to any class of persons of certain states, rather it applied to everybody everywhere in the

world. They believed in the universal brotherhood of man and they related what they

considered to be the ‗innate reason‘ of man to cosmic order.11

Roman lawyers followed the stoics closely in stressing the fundamental

resemblance and equality of men stemming for their common possession of reason and

from their capacity to develop and to attain virtue notwithstanding differences in learning

and ability. Roman law has allowed the existence of natural law and with it pursuant to

the law of nations. The influence of ‗Natural law‘ was also found in the institutes, where

justice was defined as the ‗perpetual desire of giving to every man what is due to him‘.12

In the Middle Age, great philosopher Thomas Aquinas reaffirmed that the ‗natural

law‘ is higher than positive laws and it should be obeyed by all. According to him, any

order or authority which contravened the natural law, could be disobeyed, for ‗unjust

laws have no moral validity‖.13

10

Gautam, Ashwani Kant : Human Rights and Justice System, p. 38. 11

Daes, Irene A. : Status of the Individual and Contemporary International law, p. 15. 12

Jaswal, P.S. (Dr.) : Human Rights and the Law, p. 5. 13

Salfra, Jacob E. and James E.I Goulke : Encyclopedia Britannica, p. 656.

5

The great scholars like Hobbes and John Locke of England provided the

necessary wings to the movement of freedom and liberty. They were supporters and

believers of individual freedom and equality of men. Locke opined that certain rights are

apparently available to a person as a human being only, because they existed in the state

of nature before human kind entered civil society and the main rights of those were the

right to life, liberty and property.14

The theory of Social Contract which was propounded by Rousseau, survived the

conception of human rights. ‗He stressed on the natural rights by emphasizing that the

sole justification of the state was to guarantee the natural rights of man, of freedom and

equality.‖15

He gave the slogan ‗Liberty, Equality and Fraternity.‘

The theory of natural rights entered into the realm of constitutional realism with a

revolutionary document, i.e., The American Declaration of Independence. The fathers of

the American Constitution like John Adams, Jefferson etc. were convinced that there

existed natural rights. These rights could be restrained or repealed by human laws and it

was the function of the courts to defend human rights as recognized and sanctioned by

the constitution, against any violation by the state. The declaration held these truths to be

self-evident; that all men are created equal; that they are endowed by their Creator with

certain inalienable rights; that among these are life, liberty and pursuit of happiness.‖16

Legal theory of rights is a reaction against the theory of natural rights. Advocates

of this theory argue that the idea of natural law and natural rights is abstract and

ridiculous. Hence, the existence and enjoyment of fundamental rights of an individual

could be better maintained and practised by the State rather than by the individual

himself. Thomas Hobbes, John Austin, and Jeremy Bentham are the main propounders of

this theory.17

According to them, rights are purely utilitarian concepts and thus rules and

regulations are necessary for the identification and protection of the same. Towards this

end, every individual has to sacrifice certain rights and freedoms for the general welfare

of the society.

14

Anand, V.K. : Human Rights, p. 4. 15

Gautam, Ashwani Kant : Human Rights and Justice System, p. 41. 16

Reproduced, Jaswal, P.S. (Dr.) : Human Rights and the Law, p. 7. 17

Ray, Arun : National Human Rights Commission of India : Formation, Functioning and Future

Prospects, Vol. 1, p. 47.

6

This theory has been severely criticized on the ground that law alone does not

create rights. Rather, it recognises and protects them. Custom, tradition and morality also

have a basis for rights. However, the truth in this theory lies in the fact that it enables

individuals to demand certain specific and recognized rights as granted and guaranteed by

the State.18

Theorists of anti-utilitarian Theory of Rights who strongly argue that the priority

of the well-being of the majority as stated by the utilitarians is not the prime objective of

the state. Amongst them Dowrkin, Nozic and John Rawls are the leading ones.19

They

hold the view that the welfare of the majority might lead to detrimental consequences as

far as the welfare of a particular person or a group of persons is concerned. So there has

to be proper reconciliation between the well-being of the majority and individual well-

being for the better enjoyment of social and individual rights. Today, the demand for

right to development on international fora is perhaps the manifestation of this theory.

The Legal Realist theory of rights is of recent origin. It mainly originated in USA

with the expansion of regulatory "activities followed by president Roosevelt's "New Deal

Policy‖.20

A group of jurists such as Karl Liewellyn, Roscoe Pound and others discussed

the point as to what law does, rather than what law is, in a highly complex and

industrialized society. These theorists did not propound a common theory of rights.

Rather, they considered rights as the end product of both the interaction of prevailing

moral values of the society as well as the broad-based international values. So human

rights, as they argue, are nothing but a manifestation of an ongoing process rather than a

theoretical debate. This kind of a new approach to the concept of rights does away with

the problems relating to the abstract nature of the concept. In other words, it questions the

shortcomings and ineffectiveness of the existing laws but does not prescribe any solution

in the form of super-value of a human being.

Rights, according to Karl Marx are simply a bourgeois concept and a product of

bourgeois capitalist society primarily designed to maintain and reinforce the predominant

position of the ruling class.21

This theory of rights is very simple and to a certain extent

18

Ibid., p. 47. 19

Ibid., p. 48. 20

Ibid., p. 48. 21

Rajawat, Mamta : Burning Issues of Human Rights, p. 58.

7

convincing too. He regards the state as a coercive agency to uphold the particular type of

social organization and law is a tool of the State that perpetuates and safeguards the

interest of the dominant group in the society. Marx firmly believes that rights can exist

and flourish only in a classless society where all are equal and no one is an exploiter.

Social and economic rights are thus the main concern of this theory. However, the

contribution of Marxist thought to the development of international concern on economic,

social and cultural rights has been found in the international Convenant on Economic,

Social and Cultural Rights (ICESCR) in 1966.22

This theory, however, does not include

religion, customs, tradition and morality as integral components of human rights.

We can say that there is not a single theory which can adequately explain the

origin and nature of rights. Each theory is the product of its own time and in conformity

with the genius of the people with whom the propounders of the theory were associated.

There is some element of truth in all such theories. But there is one eternal truth which

cannot be ignored: that individual good and social good go together. Society is an organic

unit and welfare of the community is built upon the welfare of the individuals; both go

hand in hand.

Inspired by the American Declaration of Independence, the French National

Assembly, in 1789, formulated the Declaration of the Rights of Man. The remarkable

thing that occurs with adoption of this declaration is that the inviolable, natural law

human rights are set forth in a state document and thus in so far as that goes, incorporated

in national positive law. The French Declaration of the Rights of Man and of the citizens

issued by the Constituent Assembly asserted that ―men are born and remain free and

equal in rights, social distinctions can be based only upon public utility.‖23

The problem of slavery and slave trade flourished till the beginning of the

nineteenth century in almost all the parts of the world.24

Owing to this problem the

industrial revolution divided the society into two categories, i.e. capital class and labour

class. The labour class was being exploited by their rich masters and the gulf between the

rich and the poor class kept on widening. There was no law to regulate the working

22

Ray, Arun : National Human Rights Commission of India : Formation, Functioning and Future

Prospects, Vol. 1, p. 49. 23

Reproduced, Basu, D.D. (Dr.) : Human Rights in Constitution Law, p. 45. 24

Gautam, Ashwani Kant : Human Rights and Justice System, p. 45.

8

conditions of this class. So new laws like social security, social welfare and

compensation for the working class were framed and enacted all over the world.

Different religions also talk about human rights. The Indian tradition has been

found pluralistic in all aspects, yet the dominant culture emerged from early Hindu

thoughts. The sources of early humanitarian laws of the Bharata-Varsha25

are found in

Shrutis (text); (four Vedas - Rigveda; Yajurveda; Samaveda; and Atharvaveda); and the

Smritis viz. Dharma-sutras26

left by Gautama, Baudhayana, Apastamba Harita, Vishnu

and Dharma-shastras.

The Upanishadic legal experts started with pure philosophy and enunciated the

principles that truth is the one reality and law and order are its different phases. The word

'Rita' is replaced by 'Dharma' though the conception is the same. The conceptions of 'Rita'

to 'Dharma' (law and order) are intimately connected and tend to merge in each other for

law in scientific sense of sequence and coexistence is another name for order and

harmony.27

About 5000 years ago, the ancient Indian philosophers and thinkers expounded a

theory of higher moral law over and above positive law embodying certain values of

universal validity like Dharma (righteousness), Artha (wealth), Kama (desires) and

Moksha (salvation), with a view to establishing a harmonious social order by striking a

balance between inner and outer, spiritual and material aspects of life.28

The concept of

Dharma which has always governed the Indian society is much more comprehensive than

the modern concept of human rights. Unlike modern theories, which stress only on the

rights of the individual, this concept dealt both with rights as well as duties. The

emphasis was laid upon the duties of every individual, be a king or a common man and

performance of duties by every person was the way to ensure enjoyment of rights by

every individual.29

However, the primitive Aryans had no such organized state and system of

administration. We find that they wanted order everywhere and the projection of this idea

into all departments of human life. They valued the norm of humanity and conceived the

25

Rapson, E.J. : The Cambridge History of India : Ancient India, p. 271. 26

Banerji, Chandra:Dharma-Sutra : A Study in their origin and Development, p 2. 27

Bhatia, H.S. : Vedic and Aryan India : Evolution of Political, Legal and Military Systems, p. 85. 28

Mohanty, Jagannath : Human Rights Education, p. 3. 29

Gupta, Nidhi: "Human Rights in India, Indian Socio Legal Journal, p. 99.

9

notion that order dwells amongst men, in truth, in noblest places.30

Vedas are the most

ancient or the first, religious book of mankind revealed in Aryavarta, the Great Land of

Aryans.31

The Rigveda cites three civil rights, that of tana (body), skridhi (dwelling place),

and jibhasi (life).32

The idea of equality was germane to the Vedas. Truth liberty and the

whole world is certainly one family, has been preached and pressed in the Vedic

literature.33

The Smriti-jurists believe that the law arose out of agreement

(Samayacarikah) and according to Haradatta, Dharma consisted of customs settled by

human agreements.34

The epic Mahabharata (5000 B.C.)35

described the civil liberty of

the individual in a political state.

The best known ancient Indian treatise, Arthashastra, authored by Kautilya (326-

29IB.C.) on the subject of the principles of law and government, treats of the 'duties' of a

king towards his subject rather than of divine 'prerogatives'.36

It may be appropriate to mention here that Kautilya's Arthashastra not only

affirmed and elaborated the civil and legal rights formulated by Manu but also added a

number of economic rights.37

According to Kautilya, "Law is a royal command enforced

by sanction".38

Similarly, Shantiparva prescribes that the king may be punished if he does

not follow the path of Dharma.39

In Buddhism there are two major sectors i.e. Hinayana and Mahayana. Hinayana

or the Lesser Vehicle confined its idea of salvation to a selected few, but Mahayana or

the Greater Vehicle extended salvation to a much larger number of people. So Hinayana

is individualistic and Mahayana is Universal.40

The eight paths of Buddhism spell the path of morality, meditation and wisdom.

They also indicate human rights and elaborated as under:

30

Bhatia, H.S. : Vedic and Aryan India: Evolution of Political, legal and Military Systems, p. 85. 31

Anand, V.K. : Human Rigits, p. 2. 32

Gautam, Ashwani Kant : Human Rights and Justice System, p. 49. 33

Anand, V.K.: Human Rights, p. 2. 34

Reproduced, Bhatia, H.S. : Vedic and Aryan India: Evolution of Political, Legal and Military

Systems, P. 131 35

Roy, Brajdeo Prasad: Political Ideas and Institutions in the Mahabharata, p.231. 36

Antonova, K: A History of India, pp. 46-47. 37

Kashyap, Subhash C. : Human Rights and Parliament, p. 20. 38

Bhatia H.S: Vedic and Aryan India: Evolution of Political, Legal and Military Systems, p. 130. 39

Khanna, D.P. : Reforming Human Rights , p. 77. 40

Kohli, Surinder Singh : Sikhism and Major World Religions, p. 72.

10

1. Right thought with pure mind, devoid of lust, ill will and cruelty;

2. Right understanding of the impermanence of life;

3. Right speech avoiding falsehood, calumny, harsh words and gossip;

4. Right action not to commit murder and sexual misbehavior, avoid false speech

and intoxicants and to practice charity, purity, generosity, honesty, truthfulness

and self-discipline;

5. Right vocation, not to harm or injure others;

6. Right effort, preventing vices and imbibing virtues;

7. Right mindfulness with awareness of the correct functions of body and mind; and

8. Right concentration for the disciplined meditation.41

The Buddhist period reveals that people were equal in all fields of their life. Man

has been the central problem of Buddhist philosophy that gives a sense of purpose

leading to a greater understanding of the concept of progress in human evolution. Every

person is enjoined upon to treat others like his kin who deserve the same love and

attachment as he himself.

The word Jainism is derived from 'Jina' which means 'conqueror'; one who has

conquered his passions and desires. It is applied to the liberated souls who have

conquered passions and desires and obtained emancipation.42

Karma is the link which

unites the soul to the body. Right faith (Samyak Darshana), right knowledge (Jnana) and

right conduct (Charita) are the three Jewels (Tri-ratna) of Jainism and all these three

forms are the path of liberation. Jainism talks about five vows (Vrata) to indicate its

general character. They are in case of the ascetic

1. not to injure any living being (ahinsa),

2. not to utter falsehood (satya),

3. not to steel (asteya)

4. to lead a celibate life (brahmacharya) and

5. to renounce the world (aphrigraha).

41

Ibid, p. 106. 42

Sharma, Chandradhar (Dr.): Indian Philosophy, p.51.

11

Buddhism and Jainism both strongly believe in Ahinsa Parmo Dharma i.e., non-

injury to all living beings, therefore, they do not wage wars. They both emphasize on the

principles of equality, non-violence and denial of materialistic pleasures.43

Islam believes in five pillars. The five pillars of Islam are:

1. Belief in one God; 2. Belief in the angels; 3. Belief in the Prophet; 4. Belief in the

day of judgment and 5. Belief in the Quran (the timeless knowledge of God).44

The law

also orders men to perform good actions and rejects those which are reprehensible. The

Muslims are enjoined to adopt right behaviour and desist from taking wrong action. The

Quran also identifies the desirable qualities in men and women and assigns them the

same responsibilities. "The Quran also states that both men and women can enter

Paradise, the work of both sexes will be rewarded, and both men and women will be

rewarded according to their deeds".45

According to Christianity46

, human being is the crown creation of God. He has

been given absolute freedom, but he constantly abuses it. Christ is the Saviour and makes

atonement for the sins of the people. He elevates humanity and mitigates the ignorance of

the people. According to Christian scriptures, Man was created in the image of God. Man

is first of all a creation of God and is dependent on God in both being and action. He is a

creature, composed of body and soul and has been made in the image and likeness of

God. In order to bring fulfillment' the image of God in himself, man must realize his

destiny and achieve happiness. The moral duty of Man is to respond the good in the law

of God, which ultimately brings happiness.

Sikhism regards all religions as various paths to seek union with God. Guru

Angad, the second in the line, Sikhism was deeply concerned with the contemporary

socio-political milieu and developed a path of justice, equality, security and individual

rights. Guru Amardas, the third Guru of the Sikhs, protested against pilgrimage tax

(jazia) on his visit to Haridwar. The Guru branded it as a jabar (atrocity) and did not pay

the tax. Subsequently, the tax was exempted by the state. The economic exploitation was

condemned by Guru Arjan Dev, the fifth Guru of the Sikhs. He had to sacrifice his life

43

Ibid., p.55 44

Kohli, Surinder Singh; Sikhism and Major World Religions, p. 89. 45

Dawood, N.J. (Translator) : The Koren, p. 18. 46

Methew P. John : Christianity, p. 35.

12

for the struggle for precious human rights of freedom of worship and hospitality to all

visitors, which was not liked by the then Mughal emperor Jahangir and he was put to

death under the orders of Jahangir in 1605.47

No doubt, Human Rights is believed to be 20th

century idea but some ascribe their

origin to the French Declaration of the Rights of Man and citizen of 1789. However,

Englishmen, consider their Magna Carta of 1215 as the foundation of their liberties.

'Modern historians credit the origin of the concept to Magna Carta of 1215 A.D.48

The

term Human Rights was introduced in the United States Declaration of Independence in

1776. 'The Declaration of American Independence, drafted by Jefferson in 1776, said -

we hold these truths self evident; that all men are created equal; that they are endowed by

their Creator with certain inalienable rights; that among these are life, liberty and the

pursuit of happiness'.49

The first documented use of the expression 'human rights' is found in the Charter

of the United Nations, which was adopted at San Francisco on 25 June, 1945. The 'Four

Freedoms Speech' as enshrined in the discourse of President Franklin D Roosevelt of

America i.e. (i) freedom of speech and expression; (ii) freedom of every person to

worship God in his own way; (iii) freedom from want; and (iv) freedom from fear are

know well known.50

It is abundantly clear that the four freedoms as enshrined in the

speech of President Roosevelt had a tremendous effect in the framing of the United

Nations Charter.

On 10 December 1948, the General Assembly of the United Nations approved

and proclaimed the Universal Declaration of Human Rights. This Declaration of 1948 is

the only International official document where the human rights, of which the Charter of

the United Nations speaks, are set forth. It is a milestone in the history of the human

rights movement. 'The Universal Declaration of human rights consists of a Preamble and

30 articles setting forth the human rights and 18 fundamental freedoms to which all men

and women, everywhere in the world, are entitled without any discrimination.‘51

47

Kaur, Surinder : The Interface between Religious and Human Rights Education in the Sikh

Scriptures, pp. 16-17. 48

Gautam, Ashwani Kant: Human Rights and Justice System, p. 57. 49

Ibid., p. 58 50

Ibid., p. 60 51

Ibid., p. 61

13

No doubt, the adoption and proclamation of Universal Declaration of human

rights by the General Assembly of the United Nations was a good achievement in the

field of human rights development. Out of the 30 articles in the Universal Declaration of

human rights, there are some articles, i.e., Article 3, Article 5, Article 9 and Article 12

which speak about the direct involvement of executive not only in the protection of

human rights but also in their violations. They relate to the rights to life, liberty, security

of person, freedom from torture, from cruelty, inhuman or degrading treatment, freedom

from arbitrary arrest, detention, etc.

It was the San Francisco Conference held from 25th

April to 26th

June, 1945 at

which the Charter of the United Nations had emerged incorporating numerous provisions

providing for promoting and encouraging respect for human rights and fundamental

freedom for all without distinction as to race, sex, language or religion. On 10 December,

1948 the General Assembly of the United Nations adopted the Universal Declaration of

Human Rights with the object of achieving the 19 mission of raising the standards of

rights of human beings of all civilised and member nations of the world. The United

Nation's effort over the last four decades had effective impact in all countries of the world

including India in accepting and recognising human rights. The year 1968 was celebrated

by the General Assembly as the International Year for Human Rights. India has

cooperated with the United Nations in protecting and promoting human rights and

fundamental freedoms. Every article of the Universal Declaration is reflected in the

Indian Constitution. 'The Fundamental Rights and the Directive Principles of State Policy

covered almost the entire field of the Declaration. The first set of rights enunciated in

Articles 2 to 21 of the Declaration are incorporated under the Fundamental Rights -

Article 12 to 35 of the Constitution and the second set of rights enunciated in Articles 22

to 28 of the Declaration are incorporated under Directive Principles - Article 36 to 51 of

the Constitution. This led to the realization that human rights have a significant role to

play in the national context.'52

The Indian Constitutional format in respect of human

rights was remarkable as a significant and unique attempt at conflict resolution for the

delicate balance it sought to achieve between political and civil rights on the one hand

52

UGC Plan IX Approach to Promotion of Human Rights Education (HRE) in Universities and

Colleges (1998), p. 9.

14

and social and economic rights on the other or between the individual rights and social

needs.

Commissions were also constituted at international level as well as national level

for the protection and promotion of human rights. International Commission was

appointed on 16 February, 1946, consisting of 9 members. 'Then it was increased to 18

members and at present it consists of 21 members'53

. The National Human Rights

commission was constituted in October 1993 under the Human Rights Ordinance of 28

September 1993, which was subsequently called the Protection of Human Rights Act,

1993.54

NHRC is an 8-member body: a chairperson (a former Chief Justice of India), a

present or former Chief Justice of a State High court, two members from among the

persons having knowledge of human rights, and the chairpersons of the National

Commission for women, the National Commission for the Scheduled Castes and

Scheduled Tribes and the National Commission for Minorities. Appointment of the

chairperson and other members (except the last three) is made through a process of

consultation encompassing even the leaders of opposition of both houses of parliament.55

There is an enabling provision in the Act for State Human Rights Commission to

be constituted by the respective State Governments. The State commission shall consist

of:

a) a chairperson who has been a Chief Justice of a High Court;

b) one member who is, or has been, a Judge of a High Court;

c) One member who is, or has been, a District Judge in that State;

d) Two members to be appointed from amongst persons having knowledge of, or

practical experience in, matters relating to human rights.56

There are also a number of NGOs, at both national as well as international level

performing useful work in the monitoring and implementation of human rights. Among

the international NGOs, the Amnesty International (AI), the Human Rights Watch Asia

(HRWA) and the International Commission of Jurists (ICJ) are prominent in the field of

civil and political rights.

53

Jayapalan, N; Women and Human Rights, p. 143 54

NCERT Human Rights-A Source Book, p. 173. 55

Ibid., p.174. 56

Ibid., p. 182

15

So all these NGOs perform useful work in various fields of human rights such as

social welfare, old age care, health and community, medicine, assistance to depressed

classes, women's welfare, child welfare, senior citizens and so on.

Thus United Nations has played a great role in developing human rights

consciousness. Today human rights is becoming an important component of any civilized

legal system. 'The NHRC's Chairman Mr. Justice Venkatachaliah, the then Chairman of

the National Human Rights Commission had expressed the viewpoint that illiteracy was

responsible for most human rights violations. National aims and human rights could be

protected by promoting literacy'.57

But unless these rights percolate to the last man in the

country, they have no value. And most powerful and suitable method available is

education. Education has been the complete development of the individuality of the child

so that he could make original contribution to human life according to the best of his

capacity. It is a process of growth in which the individual is helped to develop his talents,

powers, interests and ambitions.

1.3.0 CONCEPT OF EDUCATION

Education is the most important invention of mankind. It is a never ending

process of inner growth & development. Education is holistic in character. Education is

just like an artist who moulds the raw material the child into a better, pure & noble

person. It makes our life progressive, cultured & civilized.

In the words of T.P.Nunn, "Education is the complete development of the

individuality of the child so that he can make an original contribution to human life to the

best of his capacity."58

That person is completely developed who has powers of

understanding, observation and objectivity. Such a person can adapt himself to the ever-

changing social environment.

Education is a process of growth in which the individual is helped to develop his

talents, powers, interests & ambitions. Therefore, education should aim at developing the

innate potentialities & unique individuality of each child according to his nature. It is the

57 Puri, Arti : Human Rights Education as an instrument to promote human rights culture : A Study;

A Term Paper; Dec. 1999, p 8. 58

Bhatia, K.K. and Narang, C.L. : Philosopical and Sociological Bases of Education, p.9.

16

development of innate powers of man, which according to Pestalozzi is, "natural,

harmonious and progressive."59

The success of any educational programme depends upon the extent to which our

objectives have been achieved. Education transforms the behaviour of a person from

'instinctive behaviour' to 'human behaviour'.

It is a process of social function carried on by and in society for its own sake. A

man without education is equal to animal. Notions of individual freedom and liberty and

of dignity of person, which are the most cherished values of a free society governed by

the rule of law, would sound as empty words to those who are illiterate and ignorant

about them. Education means knowledge which leads to liberation from ignorance. The

fundamental purpose of education is to transfigure the human personality into a pattern of

perfection through a systematic process of the development of the body, the enrichment

of the mind, the sublimation of the emotions and the illumination of the spirit. Mahatma

Gandhi has aptly remarked, "By education I mean an all round drawing out of the best in

child and man- body, mind and spirit."60

Without education man does not know how to

make the best of himself.

Education is regarded as the potential instrument of national development.

Education mainly and basically deals with improvement of human resources. It is through

education that a nation transmits its heritage, recreates its culture, strengthens its

economy and conserves its values. It is the means of promoting "individual excellence".

It is due to such immense importance that education has been enunciated as one of

the fundamental human rights. The Charter of Human Rights framed by the United

Nations Organisation in 1948 declares :

1. Everybody has the right to education. Education shall be free, universal and

compulsory, at least during the elementary and fundamental stages. Technical and

professional education shall be generally available and higher education shall be

equally accessible to all on the basis of merit.

2. Education shall be directed to the full development of the human personality and

to the strengthening of respect for human rights and fundamental freedoms. It

59

Reproduced in Swain S.K. & Pradhan, N: Human Rights Education: Journal of Educational

Research and Extension, p.318. 60

Bhatia, K.K. and Narang, C.L. : Philosophical and Sociological Bases of Education, p. 7.

17

shall promote understanding, tolerance and friendship among all nations, racial

and religious groups and shall further the activities of the United Nations.61

Education has crucial relevance to both development and quality of life, but it is

not easy to forge meaningful links and interaction between education and other sectors of

the economy and the social organisation. It is essential for alleviation of poverty,

reduction of economic planning and training educational service, internal components of

the human resource development.

Education is the most important single factor in achieving rapid economic

development and technological progress and in creating a social order founded on the

values of freedom, social justice and equal opportunity. The Education Commission,

(1964-66) described education as a key input to development and emphasised that in a

world based on science and technology, it is education that determines the level of

prosperity, welfare and security of the people. On the quality and number of persons

passing out of our schools and colleges will depend our success in the great enterprise of

national reconstruction whose principal objective is to raise the standard of our people.62

Education is a vital element for individual self fulfillment and development of

society. It is also considered an important instrument of social mobility, equality and

empowerment both at the individual and collective level. Education is a power which

imbibes the values of tolerance, solidarity and co-operation. Education that liberates

minds from the thralldom of obscurantism, bigotry and narrowness and nurtures

democratic values and promotes a societal transformation based on human rights culture.

True education enables man to enlighten the mind with divine knowledge. Swami

Vivekanand says, "Education is the manifestation of divine perfection already existing in

man." Man is endowed with great potentialities and capabilities. The true education

induces in the mind, the service of mankind.63

Education, training and public information are essential for the promotion and

achievement of stable and harmonious relation among communities and for fostering

mutual understanding, tolerance and peace. States are required to eradicate illiteracy and

should direct education towards the full development of the human personality and the

61

Ibid., pp. 318-319 62

Ibid., p. 318 63

Ibid., p. 7.

18

strengthening of respect for human rights and fundamental freedoms. It has called on all

States and institutions to include human rights, humanitarian law, democracy and rule of

law as subjects in the curricula of all learning institutions in formal and non- formal

settings.

1.4.0 HUMAN RIGHTS EDUCATION

Human rights education is education about human rights and for human rights

which focuses on imparting knowledge of human rights, developing skills necessary to

exercise these rights and right attitudes and values to protect other's rights. Therefore, it

requires participation of all human beings of all age groups from all walks of life.

Learning about human rights is largely cognitive, including human rights history,

documents, and implementation mechanism. All segments of society need to understand

the provisions of the UDHR and how these international standards affect governments

and individuals. They also need to understand the interdependence of rights, both civil

and political and social, economic, and cultural. Human rights should be the "4th

R," a

fundamental of everyone's essential education, along with reading, writing, and

"Arithmetic."

Education for human rights means understanding and embracing the principles of

human equality and dignity and the commitment to respect and protect the rights of all

people. It has little to do with what we know; the "test" for this kind of learning is how

we act.

Human rights education develops essential human qualities and accord respect

and protection to the inherent dignity & worth of each human being. The all round

development of individual's personality and universal peace and harmony can be

promoted through suitable human rights education.

The human rights education is important for the rising generation as much as the

latest technology and knowledge. The new technology is making human machines which

are self centered and egoistic. The very purpose of the human rights education is to create

in the minds of the recipients more healthy outlook towards their life and humanity at

large. It is to develop a positive attitude towards the dignity, virtue, and humans- and thus

towards human rights. It is to develop fully and use our-human qualities, intelligence,

talents and conscience in order to satisfy our spiritual and other needs.

19

While human rights education may receive its definition as it is embedded in

global education, moral education, or civic and social education, its specificity is further

refined as students look at the international agreements from the Universal Declaration of

Human Rights to the Helsinki Accord and the follow-up conferences.

The stark incidents of terrorism, torture, and other acts of violence around the

globe which confront students and teachers alike today also give definition to human

rights education. The list of violations dramatically corroborates the excesses of human

cruelty towards other human beings.

Mass movement for human rights education must be pursued actively and pursued

forward some more each year, there should be more gains to report and people should be

able to enjoy with others the fruits of these gains. Learning is not an end in itself, but

rather the means of ending violations of human rights and building a culture of peace

based on democracy, development, tolerance and human respect.

No nation can be successful in educational field if they are not producing human

of character. It is important in this fast moving world that our future generation is given

the right nutrition. Today the demand is for one's own life needs-the supremacy of "I"is

rising- forgetting about the duties and asking only for their rights. Human rights

education not only promotes rights of the self but realises one's duties also.

It will not be inappropriate to say that present world is increasingly involved in

blatant inhuman acts and vagaries but is showcasing the same without any shame. Gross

and flagrant violations of human rights have created a necessity for such efforts at the

national and international levels where human rights can be promoted and protected. The

need is to make people realise the importance of human rights and while enjoying their

rights, they would give due respect to the rights of the other human beings. That is the

area which has been neglected not only at the national level but also at the international

level, which demands human rights education that is the real need of the society and

which can promote respect for these rights.

The 21st century is the century of global interdependence and interaction where

human rights education is very much required. Globalisation has redrawn the world's

economic map. New centres of vigorous growth based on world trade, have emerged on

the Pacific Kim. All in all, globalization, which dictates that every country must be able

20

to claim some special advantages in order to participate in the development of

international economic relations makes the disparity between winners and losers in the

development game even more marked.

These disparities tend to be exuberated by another aspect of globalisation. The

establishment of science and technology networks that link up research centres to major

business enterprises the world over. But researches or business people in the poorest

countries may find themselves excluded, with the result that the knowledge gap widens.

Moreover the crime ratio has increased globally. The case with which information

and money now cross frontiers facilitates the illegal trade in drugs, arms, nuclear

materials and even human beings, as well as the establishment of terrorist and criminal

networks and the spread of money laundering.

The present world scenario of active vulnerability, intolerance, prejudices, has

raised an important question i.e. "How can human rights be reconciled with the clash of

cultures that has come to characterize our times?" Human rights education is one of the

primary sources. It is a source for self-expression and inculcates a sense of group

belonging. The global strategy of education ensures that all citizens get the benefit of

development and the fundamental rights of education. The basic objective of 21s1

century

is to promote human dignity, fundamental rights and also usher new order of peace and

prosperity for all mankind. The vision of the decade is that by the end of the century, all

humanity will become human rights literate, and participate in the decisions that

determine our lives.

The human fortune lies neither in scientific or technological advancement nor in

the acquisition of the material comforts rather it lies only in assimilation of virtues and

qualities.

It will be closing our eyes to realities if we do not realise the serious challenge

that the present trends of parochialism, racialism, linguism, communalism and egoism

pose. Humanism is lost somewhere. It is only in the past few years that the importance of

education in relation to human rights has attracted the attention of policy-makers,

educationists and education planners.

In 1996, the International Commission on Education for the 21st Century, which

included educationists, philosophers and policy makers from all parts of the world, drew

21

up document on the essential role of education throughout life for the future development

of individuals and nations. It emphasised that education had 'a treasure within' and

developed a vision of education for the 21st century based on four pillars i.e. (1) Learning

to know (2) Learning to do (3) Learning to be (4) Learning to live together.

Learning to live with others means the development of an understanding of other

people in a spirit of pluralism, respect lor differences and peace. All these four pillars as

identified before are essential for the sound development of persons, communities or

individual nations. The fourth pillar is of a different nature. Its omission may result in the

inhibition of all other educational, healthcare and development efforts. To live is to live

together. Therefore the ability to live together is undoubtedly one of the most important

for human development.64

Human rights education may be defined as "training, dissemination and

information efforts aimed at the building of a universal culture of human rights through

the imparting of knowledge and skills and the moulding of attitudes and directed at

the strengthening of respect for human rights and fundamental freedoms;

the full development of the human personality and the sense of its dignity;

the promotion of understanding tolerance gender equality and friendship among

all nations, indigenous peoples, and racial, national, ethic, religious and linguistic

groups;

the enabling of all persons to participate effectively in a free society;

the furtherance of the activities of the United Nations for the maintenance of

peace.

The mass approach towards gaining a base for furthering the education in human

rights is possible thus by implementing some of the following steps:

Multimedia approaches as feasible including radio and television, newspapers,

journals, bulletins, magazines, community centres with their available facilities

and resources.

Translation of human rights material into regional language for wider public

reach.

64

Kaur, Surinder: The Interface Between Religious and Human Rights Education in the Sikh

Scriptures, pp. 228-29

22

Giving feedback to the press.

Undertaking human rights education projects.

Collaborating with others to join this venture.

Our modern advancement and sophistication will be of little avail if our

educational system fails to produce ideal men and women, full of faith in practical life.

Human rights education will remain a dream and a mirage unless some concrete

steps are taken to foster it. Realising the magnitude of the problem, the NHRC's

Chairman Mr. Justice Venkatachaliah had expressed the viewpoint that illiteracy was

responsible for most human rights violations. National aims and human rights could be

protected by promoting literacy'.65

But unless these rights percolate to the last man in the

country, they have no value. And most powerful and suitable method available is

education. Education has been the complete development of the individuality of the child

so that he could make original contribution to human life according to the best of his

capacity. It is the process of growth in which the individual is helped to develop his

talents, powers. interests and ambitions.

Human rights education creates awareness of human rights among the people of

India of all age groups, all sections and strata, literate as well as illiterate, with a view to

developing right attitudes and values especially equality, freedom, dignity, fraternity,

justice and tolerance. Human Rights Education sensitizes people regarding the norms and

values of the human rights movement, make people treat human rights as an inspirational

model for ethical conduct and increase people's awareness about the sources of violation

of rights by dominant individuals, groups and sections within the society and culture and

by the state and power-wielding groups. It removes inter-group prejudices that cause

intolerance, hatred and hostility. Human Rights Education familiarises people with the

legal and institutional measures that exist for protection of rights of the individual person,

and for weak and vulnerable groups like children, women, minorities, refugees and

migrants and senior citizens. It produces specialists, scholars and researchers in the field

of Human Rights and trains educators who would be involved in developing curriculum

courses, materials and teaching methods in the area of human rights.

65

Puri, Arti: Human Rights Education as an Instruments on Promote Human Rights Culture: A

Study; A Term Paper, p. 8.

23

1.5.0 HUMAN RIGHTS EDUCATION AND CURRICULUM

Human rights Education works best when woven into the fabric of existing

curriculum, its a way of thinking about the world, not just subject matter to cover.

The term curriculum is derived from a Latin term "Currie" which means race-

course or the body of courses etc. Webster‘s Third New International Dictionary defines

curriculum as follows:

(i) The whole body of courses offered by an educational institution or one of its

branches;

(ii) Any particular body of courses set for various majors (such as engineering);

(iii) All planned school activities including courses of study for organised play,

athletics, dramatics, clubs, etc;

(iv) (a) General education and breeding; and

(b) A work schedule.66

The above definition provides a traditional view of the concept of curriculum

which implies that the curriculum means only the subjects taught or offered in a training

course.

In a majority of the developing countries, curriculum is regarded as a list of topics

to be taught; a collection of syllabi from the Department of Education or University of

the state and text-books in a given school, college or university. But as the purpose of

education broadened and educators became more aware of educational problems and

processes, the very concept of curriculum changed.

The following definitions of curriculum, by various educators' reflect the modern

concept.

Edward A Krug refers to curriculum as "all means employed by the school to

provide students with opportunities for desirable learning experiences."67

Ronald C. Doll,

Hovold Rugg, Jaweson and Hicks corroborate the above concept of curriculum.

K. G. Saiyidain defines curriculum as "primarily an aid in the process of adjusting

an individual to the environment in which he functions from day to day and the wider

environment in which he will have to organise his activities later."68

66

Reproduced in Kalra, R.M. and R.R. Singh : Curriculum Construction for Youth Development,

p.11. 67

Krug Edward A, Administering Curriculum Planning, p. 4. 68

Saiyidain K.G., Problems of Educational Reconstruction, p. 171.

24

Alberty and Alberty refer to curriculum".........as the sum total of student activities

which the school sponsors for the purpose of achieving its objectives."69

The above definitions of curriculum suggest that it is a total process through

which an individual learns. This incorporates the 'course content' as one of its major

components. However, it may be pointed out that the course content is not the

curriculum—it is merely a suggested curriculum.

Kimball Wiles aptly describes the meaning of curriculum lucidly in the following

manner:

"The word curriculum is an abstraction. It means different things to

an individual, the parent, the teacher, the college professor and the

lay community member. Much of the confusion is encountered

when some people consider curriculum as only the formal syllabus

of the school, some others visualise it as happenings in the learning

situations, and some others envisage it as what happens to learners

and the taught. The formal curriculum consists of the units of

credit that are offered, the courses that are made available to

students, the syllabi for these courses, the bibliographies and

material used, and the evaluation devices that are selected."70

Anderson refers to curriculum ".........as the whole of the interacting forces of the

total environment provided for pupils by the school and the pupils' experiences in that

environment."71

This definition of curriculum refers to life itself, and offers a framework

of general aims and values, gives suggestions for setting learning priorities and outlines

some content sequences.

Carleton Washburne defines curriculum as follows:

".......enough to include any material or activities that will affect

the learning, development, attitudes, or behaviour of the

individual."72

It implies that curriculum does not depend entirely

69

Reproduced in Kalra, R.M. and R.R. Singh : Curriculum Construction for Youth Development,

p.12. 70

Ibid., p. 12. 71

Ibid., p.12. 72

Washburne, Carleton: Thirty Eight Year Book of the National Society for the Study of Education,

p. 4.

25

on the extrinsic constructs. But theory plays an important part in

the categorisation and classification process. However, this

definition suggests that the curriculum must help the teacher in

accounting for the following questions:

1. How to organise learning activities in order to produce the desirable environment

for optimum learning?

2. How to utilise instructional materials to achieve the desired objectives?

3. How to evaluate an individual's performance, so as to determine the outcome of

instructional materials?

The above questions are subsumed in the definition of curriculum by Gwyn. J.

Minor which is as follows:

"The curriculum is the means for attaining the aims of philosophy

of education. Being a means to the end, and not an end in itself, it

usually follows and reflects educational trends and changes in

philosophy."73

E.M. Draper suggests another dimension to curriculum: "The curriculum is

defined today as the total learning experience which pupils have, in and out of learning

institutions, under the guidance of the faculty."74

This definition widens the role of the trainer. It implies that the trainer must be

aware of the many ways in which an individual learns, and the conditions, experiences

and procedures that best promote learning and growth. This also implies that the teacher

has training in the diagnostic and presumptive approach, experience in the

individualisation of instruction and a fair understanding of the continuous progress

system of organisation.

In other words, the teachers should be familiar with the techniques of teaching

their pupils to think, to create new combinations from original data; to create and develop

fresh, meanings and to examine various possibilities.

Summarising the above views concerning the definition of curriculum, one may

infer that the concept of curriculum deals with the three Ws of society, i.e. What, Why

73

Minor, Gwyn J.: Curriculum Principles and Social Trends, p. 51. 74

Reproduced in Kalra, R.M. and R.R. Singh : Curriculum Construction for Youth Development,

p.13.

26

and When? What —What is to be taught to a learner? It implies quantum of knowledge

based on societal needs, to be imparted in a specific time.

'Why—Why is this knowledge to be given? This suggests a rationale for imparting the

quantum of knowledge, its methodology and its evaluation.

When —When is this knowledge to be imparted? This suggests a sequence of the

curriculum.

Thus curriculum can be defined as all those experiences of the individual for

which an institution is responsible. It is concerned with What should be experienced. It

also deals with Why, When and How a particular learning should take place and the

atmosphere in which this learning is to occur. The curriculum deals with human

relationships in the local environment; it refers to the values, norms and goals of the

community, society and the nation.

The basic approach to human rights education in schools is to integrate it into

various subjects and not treat it as a separate area of study. It also requires multi-

disciplinary approach. The National Curriculum Framework For School Education

(NCFSE) (2000) recommends the integration of various curricular concerns: The 'panic

approach' of including new and temporal curricular concerns may often lead to an over

loading of the curriculum. At a time when concerns such as 'literacy', 'family system',

'neighbourhood education', 'environmental education', 'consumer education', 'tourism

education'. ' AIDS Education', 'human rights education', 'legal literacy', 'peace education',

'population education', 'migration education', 'global education' and 'safety education' are

making a case for separate place in the school curriculum. The best approach would to

integrate these ideas and concepts, after a careful analysis in the existing areas of

learning. Appropriate strategies for this integration may be suitably carved out in the

detailed subject curricula.75

While undertaking research work, data is collected from both primary sources of

information and secondary sources of information.

The primary sources include the actual information received from the individual

directly concerned with the problem of study. From the point of view of the present

75

Panda, Pranti (Dr.): Responsiveness of School and Teacher Education Curriculum Towards

Human Rights Education in India. Paper Published in the Souvenir of International Conference p.

94.

27

problem the primary source of information is Universal Declaration of Human Rights

(UDHR) the curriculum prescribed by Indian Council for Secondary Education (ICSE),

Central Board of Secondary Education (CBSE) and Punjab Secondary Education Board

(PSEB) from VI to X standard in the subjects of Languages and Social Studies only.

The Secondary sources of information includes all types of published and

unpublished, public or private documents and other such types of information. In the

present study. Available relevant literature, books written by various authors, papers

published in various journals related with the problem, Secondary sources are Human

Rights Commission constituted at International level, National level and State level for

the protection and promotion of human rights and various other Commissions like

National Commission for Women, National Commission for Minorities, National

Commission for the Scheduled Castes and Scheduled Tribes and Sikri Committee, NGOs

working at both national as well as international level performing useful work in the

monitoring and implementation of human rights. Among the international NGOs, the

Amnesty International (AI), the Asia Watch, America Watch and Hotline and the NGOs

at National /Regional level are People‘s Union for Civil Liberties (PUCL), People‘s

Union for Democratic Rights (PUDR) and last but not the least role of Mass Media.

These Secondary sources are shown in the flowchart in chapter III.

1.6.0 NEED AND IMPORTANCE

There is a dire need of education directed at preaching and promoting human

rights education. Human Rights education is a global concern today, when the nations are

witnessing communal clashes and ethnic conflicts in various regions of the world. Human

rights education focuses on the attitude of tolerance, respect and solidarity and develops

individual awareness about the ways and means by which human rights can be translated

into social and political reality.

Respect for human rights is an attitude of mind. The enactment and enforcement

procedure will not in themselves ensure that ordinary people's rights are actually

respected. No enactment or legal right can be effectively enforced unless the person on

whom it has been conferred is aware of it. So the matter of human rights awareness is a

matter of utmost importance.

28

Education is directly concerned with human beings. Human Rights and value

education can alone create Human Rights Culture and balance between individuals and

communal rights. Education alone can inculcate human rights values and respect, not

only among functionaries, but in the entire population. In the changing dimensions of

time many commissions have come up for safeguarding the rights but are not sufficient

enough towards the protection of human rights. Education and awareness through

education is one area, which demands our concentrated attention and it should be within

the reach of every citizen of the nation.76

In developing curriculum for schools and colleges, targets should be specified.

The students at the school are of tender age and their mental faculties are still growing.

On the other hand the college students are adult learners and need different types of skills

for learning. Therefore, the educational planners while seeking to democratize the

curriculum development at both school and college level, need to adopt radically

different strategies.

Justice Ranganath Mishra, made a fervent plea to the University Grants

Commission and various State Government to introduce Human Rights, as a subject in

the academic curriculum in universities, colleges and schools.77

World bodies like the

United Nations and several of its associate organizations, at the global level, and the

National Human Rights Commission, at the national level, have been stressing the

importance of including human rights education in the curriculum. The Universal

Declaration of Human Rights emphasized that education everywhere, should promote

understanding, tolerance and friendship among all nations, social or religious groups.

The role of the teacher should be that of a model of democracy who through their

methods of teaching be able to play the role of a ‗friend, philosopher and guide‘.

The need and importance of the present work becomes more clear, when we think

of the challenges to the modern education. There is no doubt that the present state of the

human rights literacy and the level of awareness and sensitivity to human rights in our

country is very poor, particularly among the educated elite of the society. Obviously

76

Mohanty, Jagannath: Human Rights Educations, p. 12. 77

The Hindustan Times: Even Criminals have Human Rights says Ex CJ, October 4, 1999, p. 5.

29

something is needed to tackle this problem. The investigator believes that it is possible if

human rights education is introduced in our schools and colleges.

Thus, the purpose of introducing human rights education is to bring about change

in the mindset of the recipients and thus eventually generate a positive and healthy

attitude towards human rights.

1.7.0 JUSTIFICATION OF THE STUDY

The present study, "An Evaluative Study of Human Rights Education in the

Curriculum of School Education in Punjab" is justified because human rights is a global

concern today. It is only in the last few years that the importance of education in relation

to human rights has attracted the attention of national policymakers, educationists and

education planners.

Human Rights Education Awareness is highly relevant in present scenario of the

world caught in ethnic, conflicts, threat of life, liberty and property. There is no doubt,

that the level of human rights literacy and the level of awareness and sensitivity to human

rights in our country is very poor.

We celebrate human rights day every year on 10th

December and this should not

be the only source which our children should know about human rights. The young mind

needs enlightenment rather than intellectual information about the human rights. Thus

there is a urgent need that 'Human Rights Education' should be included in the school

curriculum as a subject. Moreover there is need to create awareness through the stories,

poems, which are to be produced for introduction in the curriculum. The basic approach

to human rights education in schools is to integrate it into various subjects and not treat it

as a separate area of study. It also requires multi disciplinary approach because attitudes

of children today are becoming inhuman, intolerant, uncompromising. Thus there is need

to create a role model by teachers and society on the whole so that the heart of the human

should not become the heart of the devil.

The promotion and protection of human rights in a plural society like India has its

own context and specificity, societal violation of human rights have necessitated the

introduction of HRE at all level of school education and teacher education. The

appreciation of values of Human Rights should move beyond declarations and become a

reality and way of life. The Human Rights Education in India has crossed only the

30

preliminary milestones towards the journey of achieving the objectives of Human Right

Education. There are many more milestones to go by developing a holistic plan of actions

with clean objective of HRE, functional and composite curriculum framework on HRE

for different stages of school education, well-defined teacher education curriculum,

training policy for teachers and teacher educators, developing self learning package -

containing material on general awareness, skill development, transactional strategies etc.

for self reading and a sound research support for strengthening HRE at all levels of

education would go a long way in achieving objectives of Human Rights Education in

India.

1.8.0 STATEMENT OF THE PROBLEM

"AN EVALUATIVE STUDY OF HUMAN RIGHTS EDUCATION IN THE

CURRICULUM OF SCHOOL EDUCATION IN PUNJAB"

1.9.0 DELIMITATION OF THE PROBLEM

The present study will be confined to the evaluation of the curriculum of ICSE,

CBSE and PSEB from VI to X standard, prescribed for the academic session 2008-2009

in the subjects of languages and social studies i.e. history and civics only.

1.10.0 DEFINITION OF THE TERMS

In every language words have usually different shades of meanings and multiple

uses, which may make the research work ambiguous and obscure. To avoid this all the

technical terms used in the title are defined. In the present research work, the terms used

in the statement of the problem have an intelligible and exact meaning as given below.

1.10.1 Evaluative Study

The term evaluative study stands for appraising set of learning experiences

provided to the students studying at different grade levels.

1.10.2 Human Rights Education

Human rights includes the right to life, liberty and security of person, recognition

everywhere as a person before the law, freedom of movement, freedom of thought,

conscience and religion, freedom of peaceful assembly and association, and freedom to

take part in Government.

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In consonance to this, human rights education means building a climate within the

classroom (and also out of class) where the students consciously respect each other's

rights. This type of education also constructs future scenarios in which human rights

situation is greatly improved and respected.

1.10.3 Curriculum

It is a general over-all plan of the content or specific materials of instruction that

the school should offer the student by the way of qualifying him for graduation or

certification or for entrance into a professional or a vocational field. In the context of the

present study curriculum stands for the curriculum of languages and social studies i.e.

history and civics only.

1.10.4 School Education

In the context of present study, school education denotes classes from VI to X.

1.10.5 Punjab

The term Punjab covers all the schools working under different boards of

education viz., ICSE, CBSE and PSEB.

1.11.0 OBJECTIVES

The present study has been taken with the following objectives:

1. To study and identify the quantum and nature of information available in the

curriculum of different school boards pertaining to Human Rights Education.

2. To study and compare the available information of different school boards on

Human Rights Education.

3. To study and compare the available information on Human Rights of different

school boards with the information available from other sources.

4. To study and categorise the information on Human Rights Education available in

the curriculum of different school boards.

5. To study the role played by curriculum of school education in Punjab in

inculcating Human Rights awareness.

6. To study and devise a programme of action on Human Rights Education for the

curriculum of school education.

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1.12.0 CHAPTERIZATION

The Thesis is thematically divided into the following seven chapters:

CHAPTER-I

This chapter is introductory in nature. It includes concept of human rights in the

historical perspective, its development and impact on the present scenario. It include

concept of education and human rights education in the curriculum. This chapter further

elaborates the need and importance, justification, statement of the problem, delimitation

of the problem, definitions of various terms, objective of the study and chapterisation.

CHAPTER-II

This chapter comprises review of the related literature. The whole material is

studied under different heads i.e. Ph.D. Theses, M.Phil. Dissertation and M.Ed./M.A.

Dissertation.

CHAPTER-III

This chapter includes method and procedure with the help of descriptive and

historical method, the investigator has done analytical study of the school curriculum. So

the researcher has collected data from two major sources of information i.e. (a) Primary

sources (b) Secondary sources. The primary source of the present study is the Universal

Declaration of Human Rights (UDHR). The most important source of the present study is

the curriculum prescribed by ICSE, CBSE and PSEB from VI to X standard in the

subjects of languages and social sciences only, for the academic session 2008-2009. The

researcher has also used secondary sources to collect data. In the present study, the

secondary sources of information include Human Rights Commissions i.e. International

Commission, National Commission, State Commission and Other Committees and

Commission on Human Rights, NGOs and Mass Media. The secondary source of

information includes all types of published and unpublished, public or private document.

These sources are described in proper details in chapter III. This chapter further

elaborates statistical analysis and various illustrative mechanism used.

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CHAPTER-IV

The researcher has explained in detail human rights education. All human rights

viz. Right to freedom of Religion, Cultural Rights, Right to Basic Necessities, Right to

Justice, Right Against Racial Discrimination, Right to Education, Right to the People to

Resist Oppression, Right to Equal Pay (Non-Exploitation), Equal Right for Women,

Right to Work, Right to Honest and Productive means of Earning, Right to Marriage and

Family, Freedom of Information and Expression, Right about Social and International

Order, Right for Standard of living Adequate for Health and Well Being, Right for

Peaceful Assembly and Association, Right Against Child Labour, Right to Equality,

Right to Freedom have been discussed in detail. To analyze the extent of inclusion of

Human Right in the existing school curriculum of ICSE, CBSE and PSEB respectively

from classes VI – X of textbooks of Languages and Social Studies. The researcher has

examined he different text books of the different subjects and analysed that in how many

chapters there is a provision for HRE. From the list of topics, percentage of chapters

which include topics related to Human Rights out of total chapters of the book are

calculated and average of the percentage for each subject is calculated.

CHAPTER-V

The fifth chapter is devoted to the findings and conclusion of the research work.

Along with the conclusion the investigator has also given suggestion for further research

work on the basis of the findings.

CHAPTER-VI

Programme of action forms the sixth chapter. Aims, Curriculum, Co-curricular

activities, Methodology for Human Rights Education and Role of Teacher are discussed

in detail. The investigator has gone through all the recommendations of different

committees and commissions and has also considered constitutional provision. It also

devises to form a sound system of education on the basis of this information.

CHAPTER-VII

The seventh chapter is the summary of the whole research work, which in short

provides a brushing up of the work done.

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BIBLIOGRAPHY

A detailed bibliography has also been given at the end of the thesis so that it

becomes a ready reference for future researchers and the various sources of information

which have helped the investigator in finding, and justifying the problem.

APPENDICES

1. Universal Declaration of Human Rights.

2. Human Rights in the Indian context.

3. Comparative chart showing Correspondence of Different Articles of Universal

Declaration of Human Rights with the Provisions of Constitution of India

4. Subject Wise Representation of various human rights as observed in chapters of

various text books of ICSE, CBSE and PSEB of classes VI-X

5. Page Wise Original Punjabi/Hindi Version of Italicised words/phrases/sentences

has been given in the form of appendix at the end of the thesis.