Cultural Discourse on Human Rights- An Indian Perspective

Authors

  • Sindhu VijayaKumar Assistant Professor School of Law University of Mysore

Keywords:

: human life, justice, law, projective approach, transformation approach.

Abstract

Bharat the land of holistic culture has always given importance to life and its potentiality. However we frequently connect life with freedom. Should the life be a life without freedom or life with freedom, more often to ask, what is the circumference of right? If freedom is to be ascertained as circumferences of right, then this leads to absolutism which can create a chaos and disorder, nonetheless, human right is defined as natural inalienable right, the paradigm is where to place this right, whether within the circumferences of freedom or within the realm of life. Many believe that human right has just a nominal performance in identifying the assimilated galaxy of rights, but the crux of the theory is that human rights has astonishingly surpassed its ability in interpreting and redeeming the justice-right from time to time. Human right as a concept is fundamentally interpreted by the judicial civilization of various countries. These understanding have been unique when interpreting various dimensions of legal rights as well. This research paper attempts to understand the observation of various cultures on human rights and it explores the aspects of human belief system which preaches and propagates the virtuosity of human right. The paper seeks to investigate not just the theoretical spectrum of human right but suggest with a dictum that how impressively the concept can help in redeeming the socio-economic justice to mankind. Cut-crossing the cultural, religious, linguistic and racial difference it makes us to belief that suffering of any one single individual at the corner of world reckons the conscious of mankind; because every man is connect to each other as spirit of one consciousness of being human.

References

1. Joshi International law and human rights (2016). Eastern Book Company 3rd Edition.
2. Daniel Moecklin, SangeetaShah & Sandesh SivaKumaran (2010). International Human Rights Law Oxford University Press.
3. John Witte, Jr. and Johan D. van der Vyver (1996).Religious Human Rights in Global Perspective, Martinus Nijhoff publishers. Volume I.
4. Konow, J. (2003). Which Is the Fairest One of All? A Positive Analysis of Justice Theories. Journal of Economic Literature, 41(4), 1188-1239.
5. Henry J.Steiner& Philip Alston (2000). International human rights in context Law politics and Morals, Oxford University Press. 2nd edition
6. Julius Stone (2009). Social Dimension of Law and Justice, Universal Law Publishing Co.
7. Arvind P. Datar (2001). Datar on constitution of India, Wadhwa &Company Nagpur, India. 1st edition
8. Ian Brownlie (2008) Principles of public International Law, Oxford University Press. 7th Edition
9. Justice Palok Basu (2012) Law relating to protection of Human Rights, Modern Law Publication. 2nd Edition.

Downloads

Published

2021-07-13

Issue

Section

Articles