Human Rights: Concept and meaning

1. HUMAN RIGHTS & RIGHT TO
FREEDOM OF SPEECH &
EXPRESSION
Navpreet Kaur Bagh
University Institute of Media Studies
Chandigarh University

2. The concept of H R is derived from the concept of Man as a person & his
relationship with an organized society, which cannot be separated from
Universal Human Nature. So H R being essential for all round
development of personality of Individuals in society & should available
to all individuals. Because these are the Essence of Meaningful life.

3. Meaning of Human Rights These Rights are also called THE RIGHTS OF MAN.
 H R means those conditions of life, which allow mankind to
develop and use their Human qualities of intelligence &
conscience & to satisfy their spiritual needs.
 Acc. to J.S.Verma (chief justice of India),” All those Rights
which are essential for the protection & maintenance of
Dignity of Individuals & create conditions in which every
human being can develop his Personality.

4. Meaning of Human Rights
 Acc. to International Covenants :- H R or
Fundamental Freedom are legally recognized & protected to
secure for each Individual , the fullest & freest development of
Personality & Spiritual , moral & other Independence.

5. Declaration of Human Rights
 The Universal Declaration of Human Rights was adopted &
proclaimed by General Assembly of United Nations on
dec10,1948.
 it has 30 Articles which have the explanation of Civil, Political ,
Economic, Social & Cultural Rights of all human beings.

6. Brief Explanation of Articles of Declaration
 ARTICLE(1) :-Right to live independently with self dependence
& spirit of Brotherhood.
 ARTICLE(2) :- No place for any Discrimination of race, color, sex
, language, religion etc.
 ARTICLE(3) :- Right to life, liberty,& security of a person.
 ARTICLE(4) :- Freedom from slavery or servitude.

7.  ARTICLE(5) :-Prohibition against torture, inhuman or degrading
treatment or punishment.
 ARTICLE(6) :- Equality before Law.
 ARTICLE(7) :- Recognition as person before law.
 ARTICLE(8) :- Effective Remedy before National Tribunal .
 ARTICLE(9) :- Freedom from arbitrary rest , detention or exile .

8.  ARTICLE(10) :- Right to a fair & public hearing by an independent &
impartial tribunal .
 ARTICLE(11) :- Presumption of innocence until proved guilty in a
public trial .(Para 1)
Freedom from S E X- S post facto law.
ARTICLE (12) :- Right to privacy , family ,home & correspondence .
ARTICLE (13) :- Right to freedom of movement & residence with in the
border of State (Para 1) .
Right to leave any country including his own and to return to his
country (Para 2) .

9.  ARTICLE (14) :- Right to seek & enjoy in other countries asylum
from perciquestion .
 ARTICLE (15) :- Right to nationality
 ARTICLE (16) :- Right to marry to found a family .
 ARTICLE (17) :-Right to own property .
 ARTICLE (18) :- Right to freedom of thought , conscience &
religion .
 ARTICLE (19) :- Right to freedom of opinion & expression .

10.  ARTICLE (20) :- Right to freedom of peaceful assembly &
association .
 ARTICLE (21) :-Right to participate in Government of country .
 ARTICLE (22) :- Right to social security .
 ARTICLE (23) :- Right to work & free choice of employment .
 ARTICLE (24) :- Right to rest & leisure .

11.  ARTICLE (25) :- Right to a standard of living adequate for the
health of person & his family .
 ARTCLE (26) :- Right to education .
 ARTICLE (27) :- Right to participate in cultural life.
 ARTICLE (28) :- Right to good social & international order .

12. Kinds of Human Rights
 Civil & Political Rights
 Economic, Social & Cultural Rights

13. Civil & Political Rights
 From Article 2-21 of the Declaration of H R.
 Civil Rights:- Are referred to those Rights which are related to the
protection of The Right To Life & Personal Liberty. These are
essential for person to live a dignified life.
 Political Rights:- these Rights allows a person to participate in
the Government of State.

14. Nature of these Rights
 These both Rights are may be different in nature but they are
inter related. They imply security of every human being without
any discrimination of Race, Color, Sex, language, Religion,
Political, National or Social origin, Property, Birth etc.

15. Economic, Social & Cultural Rights
 Sometimes these are called The POSITIVE RIGHTS.
 These are from Article 22-27 of the Declaration.
 These Rights are based fundamentally on the concept of Social
Equality.
 In the absence of these Rights the existence is likely to be indene.

16. Right to Freedom of Speech & Expression
 Background :- India got Independence in 1947 after
approximately 200 years from British rule.
 Then India got its Constitution on Jan26,1950 after a period of 2
years 11 months & 18 days.
 And with the gaining of Independence FREEDOM OF SPEECH
& EXPRESSION was recognized as Fundamental Right and
was included in Indian Constitution under Article19 (1) (a) .

17. It is said in Article 19 (1) (a) that All
citizens shell have the Right to
Freedom of Speech & Expression.

18. Meaning of Right to Freedom of Speech &
Expression
 It is said that the meaning of speech & expression cannot be
represented by any figure, symbol, letter etc.
 But in nutshell the Right of free speech & expression is one which
it is for the public interest that individuals possess, and, indeed,
they should exercise without impediment, so long as no wrongful
act is done.

19. Explanation
 Acc. to the SUPREME COURT , The Right to Freedom of
Speech & Expression is a Natural Right which a human being
acquires on birth, therefore it is a basic Human Right.
 This basic right is also recognized by the UNIVERSAL
DECLARATION OF HUMAN RIGHT (1948).
 In the preamble of Indian constitution people had declared their
Liberty of thought & expression.

20. The Right includes some specific
things
 Right to voice one’s opinion
 Right to seek information & ideas
 Right to receive information
 Right to impart information etc.

21. Restrictions on Freedom of
Expression
 Acc to Article 19 (2) the State can impose reasonable
restrictions on this Right in the interest of:-
(a) Severity & integrity of India
(b) Friendly relations with the foreign states
(c) The security of state
(d) Public order

22. (e) Decency or Morality
(f) Contempt of Court
(g) Defamation
(h) Incitement to an offence