Introduction

Every individual must have some rights against the state or other public authority by virtue of his being a member of the human family and such rights are, Human Rights, the concept of human rights is as old as ancient doctrine of natural rights based on natural law.

Human Rights as are commonly known now are of recent origin. They emerge from post-second world war International Charters and conventions, the first documentary us of the expression ‘Human Rights’ is to be found in the charter of the United Nations, which was adopted after the second world war at San Francisco on 25th June, 1945. This Charter was later developed by different agencies and organs. The U.N. General Assembly in December, 1948, by adopting the universal Declaration of Human Right, took concrete steps by way of formulating the various human rights. It was t be followed by an International Bill of Rights which could be binding on the covenanting parties. Universal Decelerations of Human Rights was not legally binding covenant and U.N. had no machinery for its enforcement the deficiency was sought to the removed by the U.N. General Assembly by adopting in December, 1965 two Covenants for the observance of human rights-

• The Covenants on Civil and Political Rights,
• The Covenants on Economic, Social, and Cultural Rights.


The first one formulated legally enforceable rights of the individual and the second one was addressed to the states to implements them by legislation. The two covenants came into force in December, 1976, after the requisite number of member states ratified the. Many states ratified the covenants subsequently at the end of 1981. These covenants are, therefore, legally binding on the ratifying states.

India being a party to the said covenants, the president of India promulgated the protection of Human Rights Ordinance, 1993 under article 123 of the constitution of India on 28th September, 1993 to provide for the constitution of a National Human Rights commission, State Human Rights Commissions in States and Human Rights courts for better protection of human rights and for matters connected therewith or incidental thereto. To replace this ordinance the protection of Human Rights Bill, 1993 was introduced in the Lok Sabha.