Abstract
Human rights are inherent and inalienable fundamental rights, inevitable to mankind. They are not gained easily rather they aspire the complex journey of upholding these rights for persons of all diversities irrespective of their differences and have embarked on the struggles of many decades of numerous countries, classes and persons across the world. This abstract briefly discusses the advent of human rights which finally served as the basis of UDHR and then summarizes India’s progress, development and challenges in this domain. A strong foundation has been laid by incorporating UDHR principles in Part III and IV of the Constitution of India. These rights are not only written but also reinforced by the state through statutory advancement for securing social, political and economic justice. It encompasses labor welfare provisions, advancement of women, various gender laws for breaking the chains of patriarchal setup and social discrimination, juvenile laws, protection of infants and children’s rights, laws against social discrimination, and many more. Notable judicial advancements which have a significant role in recognizing human rights such as the recognition of privacy as a fundamental right, decriminalization of homosexuality, recognizing the identity of LGBTQ+ community and many others are also discussed in this paper. Nonetheless, several challenges are still there such as artificial intelligence, data privacy, intellectual property rights, restriction of free speech, weak enforcement of environmental and gender laws. The state has implemented various schemes and laws like the Right to Education Act (2009) and the National Rural Employment Guarantee Act (2005), yet poverty and inequality remain pervasive. The rights of marginalized groups need to be protected. This abstract presents India’s perspective on human rights in wholesomeness while tracing its development through statutes and judicial pronouncements while highlighting the challenges and the need for reforms. Hereby, through this paper the above themes are discussed and explored in depth.
Keywords: Human rights, Environmental right, gender, privacy, data protection etc.
Introduction and Historical Context of Human Rights:
Introduction & Meaning:
Human rights- inevitable and bedrock for the mankind, existed since immemorial time existence of a human which compile some basic freedoms which make his life worth as a true human being. Justice Krishna lyer noted – “ultimately humanity has a commitment to history to make human rights a viable reality.” Human rights are rights we have simply because we exist as human beings – they are not granted by any state. “These universal rights are inherent to us all, regardless of nationality, sex, national or ethnic origin, color, religion, language, or any other status. They range from the most fundamental – the right to life – to those that make life worth living, such as the rights to food, education, work, health, and liberty. (What are human rights?, 2025)Human rights are inalienable means they cannot be taken away, except in specific situations and according to due process, For example, the right to liberty may be restricted if a person is found guilty of a crime by a court of law” (What are human rights?, 2025)
According to the official website of the United Nations- “All human rights are indivisible and interdependent. This means that one set of rights cannot be enjoyed fully without the other, For example, making progress in civil and political rights makes it easier to exercise economic, social and cultural rights. Similarly, violating economic, social and cultural rights can negatively affect many other rights. (Human Rights, n.d.)The principle of universality of human rights is the cornerstone of international human rights law. This means that we are all equally entitled to our human rights. This principle, as first emphasized in the UDHR, is repeated in many international human rights conventions, declarations, and resolutions.” (What are human rights?, 2025, p. 2)
Historical Context and Advent of Human Rights:
Birth of human rights for the first time in history is traced in 539 BC when Cyrus the Great vanquished the head of Babylon and freed all the slaves and declared their right to opt their religion and thereby established equality among all despite racial parity existed earlier. These declarations becomes the first inspiration of UDHR, written on a clay- cylinder famously known as Cyrus Cylinder. (Sutto, 2019) Signing of the historic document the Magna Charta by King John in England laid another pivotal foundation for growth of human rights in 1215. Its promulgation represents a watershed moment in world history for defining Rule of Law and liberties of the people. . This document restricted the arbitrary power of king to levy heavy taxes on the common people of England and established that rule of law would be followed by the king while with public affairs of the country. It also safeguarded people from arbitrary arrest and action of the king. Later its concept was represented by the English Bill of Rights[1] that was signed by William III and Mary II. It shifted the authority from the king to Parliament and set the stage for constitutional monarch. This evolution gradually increased after the Revolution[2] that articulated the provisions which ignited the French Revolution. Thereby in France, rule of King Louis XVI; was abrogated and democracy was established. This document asserted the phrase “all men are born free and equal in rights” which was later incorporated in Article 1 of the UDHR. The period surrounding the Declaration marked the birth of civil and political rights. These rights known as ‘first-generation rights’ which limited the power of kings and protect citizens from abuse of various state rulers. (Sutto, 2019)
[1] in 1689
[2] French Revolution 1789