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.
4
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.
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