(This article was originally published in a law magazine ‘INSIGHTS’ under the aegis of Govt: Law College, Thrissur)
Exordium
to the treatise
Human
rights, the patois of the humanity are defined as the rights, which every human
being is entitled to enjoy and to have cosseted. All civilizations and cultures
have in the past developed some conceptions of rights and principles that ought
to be esteemed and some of these rights and principles have been considered to
be universal in nature. The struggle for acknowledgement of human rights and struggle
against political, monetary, social and cultural oppression and repression
against injustice and inequalities have been a vital part of the histories of
all human societies. In succinct, human rights are as archaic as Homo sapiens
but their current characterization is coterminous.
The
human rights are no heuristic bequest of the west as some scholars aver. They
refute with noetic assertiveness that the antique world, be it oriental or
Babylonian, Greek or Roman had no notion of human rights. Actually the west
soaked thinkers are blissfully innocent of the basic principles of dharma,
artha, Kama and moksha enclosed in Vedas and puranas and of the precepts of the
Buddhism more than 2500 years ago prescribing karuna( compassion),
samatha(equity) and pragna(enlightened discernment). Snub about the west and
east. Let us however not fail to remember the universality of human values
which links the past with the present. Human rights, springs from the spiritual
nidus nourished, with a sagacity of balance, by contentment, which is sustained
by prerequisite for all of basic material needs and other provision, which make
for euphoria and ecstasy in life.
Devout
human rights
Legal
systems were influenced by religions and faiths. Rights cannot subsist devoid
of legal order. Philosopher-kings, rulers who established religions and
emperors who adopted and adapted religions and radiated enlightment, augmented
and amplified human heritage through the centuries. Names of Hammurabi,
Justinian, Augustus, Ashoka, Manu, Muhammad etc are some of a swarm that left
behind system of justice surviving in the jurisprudential history of humankind.
Hence it is pertinent to scrutinize the religious pedigrees of human values.
The
term dharma signifies upholding and sustaining of humanity in all its coherence
and consistency. It is saturated with the notion of truth and rectitude. Hindu
pleased with the prospects of egalitarian goodness, economic fair deal and
secular nondiscrimination in the society. Overall, the continuum of legal
cogitation covered by dharma did shield and safeguard human rights.
Siddhartha
renounced and relinquished his princedom becoming Buddha and preached eight
fold path and his incandescent leadership gained scores of cliques and cohorts
including emperor Ashoka. The edicts of Ashoka emblazoned and extolled in the
rock pillars, bear the testimony to the noble ruler’s recognition of humanism.
Commiseration for all creation and veneration for all creation and veneration
for all life- these are the source and strength of human rights. Ashoka, for
historians of human rights was sui- generis beacon light from this perspective.
Ahimsa,
tolerance, clemency, humility and humbleness for living creatures, are the root
and fruit of human rights. Vardamana Mahaveera, the architect of Jainism, nobly
nourished these values. He crutched humanitarianism and kindness on its
followers, making ahimsa the premier therapeutic principle and exalted humanity
and divinity in living beings, with cosmic vision and action.
The
right to modesty, self-expression and other freedoms even for the destitute and
despised and for those branded, as harlot was integral to the cannon of Jesus.
He propounded and proliferated the epistle of adoring, caring and sharing on
one hand and contended against roman pharisaism and majestic Caesarism on the
other. In his visionary empire there was to be no property, no privilege, no
pride and precedence but only love, liking, loyalty towards human beings. It is
imperative to perceive in this context that Jesus, the messiah, and Barabbas,
the burglar was brought before Pontius Pilate, the roman judge; and Jesus was
sentenced to crucifixion whilst Barabbas was pardoned off although culpable. We
today reside in a planet of Judas Iscariot who betrayed Christ in return of
thirty pieces of silver; we today abide in a Barabbasque cosmos with human
justice nailed on the cross with human justice nailed on the cross. Cannot we
corroborate Christ?
Islamic
bigotry speaking generally has the fury and ferocity that has frightened the
enlightened world and operated asphyxiate human rights and gender justice. Yet,
Islam and founding clairvoyant, Muhammad has done much to encourage reverence
for human rights. He forbids all shameful deeds, prejudice, mutiny, female
infanticide, promiscuity and intoxication. Equality, status of women, the right
of less privileged- the shibboleths of our age- was reflected in the prophets’
message. It is fair to conclude that Islamic principles emphasized humanitarian
comity.
Saga
of human rights odyssey
The
human rights odyssey had faced many exigent adventures and has challenging
adventures to confront. Reality is rebellious but verbalization is only
liberation. Subsequent paragraphs are of blood blemished cataclysmic past
making human rights the first martyr.
Columbus,
cook, Clive and copious other buccaneers, bootleggers, navigators, traders and
military administers have by their invasions, voyages and ventures completely
changed the direction and dimension of human history. About 5 centuries ago
humanity witness the world phenomenon of colonialism and annihilation of
millions of humans and their human rights. These explorers in hunt of trade and
colonies inaugurated the epoch of conquest and capture, denying to native
populace the basic rights to be human. The influx of Vasco da Gama at Calicut who came via the Cape of Good Hope was a hope for
Europe and hopelessness for Asia. Eventually
Portuguese espoused terror campaign and plagiarized the Indian earth, ether and
eddy. One European after another occupied India through trade and trickery
coupled with Caucasian control and cathedral control. Decimation and diffusion
of native population through monstrous and meretricious maneuvers were the
process in vogue used to dehumanize and demonize the weak and meek by the British.
In sum, Hitler was not the opening monopolist of throng violation of human
rights. Every Europeans were his ancestors and associates.
Many
countries of Africa have affluent resources
and therefore, their people were subjugated and their possessions and property
purloined and plundered. The pattern of oppression and suppression were same.
On the foundation of thralldom were the edifices of the colonial kingdoms where
the colonial kings infringed all prerogatives of the aborigines. Salvation from
slavery, from dust to dawn –that is the saga of Homo sapiens in its momentous
move forward.
Empires
and eons were established and experimenting in autocracy and plutocracy, revolt
and revolutions, serene and sanguinary made history. The locomotion of
civilization was fuelled by many motivations but the governing potentiality, as
dialectical materialism divulges, was ultimately the production and apprehension
of material possession and prosperity. Eugene V. Debs articulates: “the master
class had always brought a war and the subject class has always fought the
battle. The master class has had all to gain and nothing to loss and the
subject class has had all to loss and nothing to gain”.
After
loads of victimization and victories, straddling long centuries, the globe has
plunged into a dire disaster of W.W.1. It was the weariest, bloodiest, most
tragic episode up until then. This macro war tore and mar nations, stunned
statesmen and shaken the conscience of human kind. Then the trauma of the
holocaust W.W.II that beheld vista of melancholy and mourn, the like of which
no eyeball had perceived and no heart conceived. The bombing on Hiroshima and Nagasaki
startled and shocked the inner feeling of Homo sapiens as both the city goes
down in the world victimology as the macabre felony on humanity creating a
cicatrix in history.
We
are the legatees of great cultures drenched in of noble values. We have great masters
like Leonardo da Vinci whose intellect is incredible, Albert Einstein, unique
as humanist and scientist, Mahatma Gandhi, a marvel of all time in the cause of
non-violence. Horde of other superlative power houses has illumined the artery
of advancement leading kindly light amidst the encompassing gloom. But the
brutalities done by Franco, Tojo, Hitler, Mussolini, Stalin, Polpot and other
butchers of populations have eclipsed our cosmos making solicitous statesmen
ask: quo vadis humanity?
Prevalent
penumbra
The
global gendarmerie, U.S.
proclaiming war on Vietnam, Cambodia, Afghanistan,
Iraq
and other countries has become a threat to the unique planets unity and
tranquility. The pandemic crypto-terrorism perpetrated by various terrorist
groups are breaching barriers and borders, bombing towers and temples,
slaughtering and shooting innumerable immaculate innocents, hijacking and
making hostages, which all have today become ubiquitous. Since all these, the
world resembles an amphitheatre where a tragic play is on.
More
awesome is the ascending third world nuclear menace. The threshold nuclear
powers like Pakistan and India skipping to join the nuclear club ignoring the
people’s poverty and paucity and switching their meager resources for vile
nuclear tests. Arms industries burgeon today while the right to life has no
place in the budget. It needed Amartya Sen to advise India of the ethical economics of
investment in human beings.
The
eminent enemy of common people’s human rights ‘G-8 Multinational incorporated’
is now globally governing which detriments humans all kinds of rights. Globalization
is a grisly glorification, liberalization lashing the poor to utilize all
assets and privatization leeching populace to siphon profits. What a voodoo
overlooking the human rights of the descamisado?
Media
must be independent and impartial. However, due to plentiful pulls and
pressures media is dependent today. Newspapers and views-papers promote big
business, mute the interest of the masses and dooms democratic basics. Media
spotlights on the small things of the big peoples and big things of the small
peoples. The adivasis, bonded labour, children under torture, disabled people
etc, any where do not move the pen or print whereas love story of an actress
and an actor, sojourn in altitudinal zone by politicians, trivial hurt to
cricketers are all big issues to be wrote and published. There is a news famine
information drought despite numerous press, publishers and T.V. channels.
Communal
violence, a foe of human rights is a common act up surging in many parts of the
world. In India,
the friction between the Hindus and Muslims in few places is becoming hotter
ensuing in riots and rape, arson and assassination, pogrom and persecution.
Rife testimonies are the nefarious Godra carnage and Marad massacre, such
iniquity is a vulnerability to the unity and secularity. Hence, everyone be
aware and beware.
Omega
peroration
The
remedies for the malady of flouting human rights in direct and indirect ways
are by extending education, economic and social reformation, vigilant
government, political purification, expansion of health and medical services
etc. preventive measures for buttressing human rights are population control,
restriction on narcotic drugs and alcoholism, prevention of atrocities, control
of violence, control on social evils, abolition of corruption, stringent
punishment for violation human rights etc. if these are duly pursued, human
rights cannot be insulted, ignored, injured or invaded by anybody.
If
human rights are to triumph executives must be sensitized, legislatives
ethicalised and judges rationalized. To emphasis on judiciary judges and
justices, Olympian of judiciary, must give justice and judgment without fear or
favour, neither with affection or aversion nor with taste or temptation.
Justice can never be gratis where justices are not gratis. Equal justice beyond
pressure or purchase is the product; effortless entrée to the humblest and the
hated and easy finality without exorbitant appellate procrastination is the
process.
The
seven wonders of the ancient world, the seven wonders of the middle ages and
seven natural wonders of the world makes human kind realize the oneness of its
fabulous estate. However, the nifty and natty wonder which humanity loiter for
ages is the actualization of human rights in local and global level which
everyone everywhere could enjoy. Cannot we step forward and collectively make
it realize? Cannot we stand for the cause of human rights by hoisting our voice
and noise? Cannot we call crucified Christ, the pictogram of human rights and
human justice and corroborate him?
