PERSPECTIVE                                                   

Human Rights Under Democracy

The question is whether a charter of rights cramps the powers of the Government and thus creates difficulty for the functioning of an effective Government. The question is linked with the question as to why and for what purpose we need a Government.  Whatever might have been the notion in the primitive stage of mankind and during the subsequent periods of history, the modern view is that the aim of a good Government is to bring about security, welfare and happiness of the people. Of  all  the  various  forms  of  Government, democratic  Government with a bill of  rights  comes nearest  to  the ideal for the attainment  of  those  objectives. There can indeed be no genuine democracy where the citizens do not enjoy rights and civil liberties like free these attributes of a State, we can have no freedom from fear.

Base of Democracy.--In Maneka Gandhi v. Union of India, Bhagwati, J. observed as follows:--

``Democracy  is  based  essentially  on  free  debate  and   open discussion, for that is the only corrective of Government  action in  a  democratic set up. If democracy means Government of  the people, by the people, it is obvious that every citizen must  be

entitled to participate in the democratic process and in order to enable  him  to intelligently exercise his  right  of  making  a choice,  free  and  general  discussion  of  public  matters   is absolutely essential.''

Democratic values.--The need to foster idiom of expression, equality before law and a provision that no one shall be deprived of his life or liberty without the authority of law.  Experience also tells us that in the absence of a climate of discipline and adherence to democratic values cannot be overemphasized if court wants to preserve and give long life to civil liberties and human rights.  Freedoms guaranteed by Constitution cannot be absolute. They have to be subject to reasonable restrictions for the sake of their own survival. Liberty, if allowed to degenerate into license, is suicidal, for it then poses the greatest threat to liberty itself. The worst enemies of liberty are  those  who abuse their liberty, for in the atmosphere of disorder and  chaos created  as a result of the abuse of liberty comes the  man  with the  sword  on horse-back with scant regard for  liberal  values.

Discrimination on ground of gender--Illegal.--In Valsamma Paul v. Cochin  University, the  Supreme Court has held as under at page 1020  of  AIR 1996 SC :--

``Human Rights are derived from the dignity and worth inherent in the human person. Human rights and fundamental freedoms have been reiterated   in the Universal Declaration of  Human   Rights.

Democracy,   development and respect for human   rights   and fundamental   freedoms are inter-dependent and   have   mutual reinforcement.  The human rights for women including girl child are, therefore, inalienable, integral and individual part of the

Universal human rights. The full development of personality  and fundamental   freedoms  and  equal  participation  by  women   in political, social and economic and cultural life are concomitants for  national  development,  social  and  family  stability   and   growth--cultural,   social   and   economical.   All   forms   of discrimination on grounds of gender is violative of fundamental freedoms and human rights.''

Dwindling     popularity    gives    rise    to     authoritarian Government.--Instances have, however, not been lacking when, despite a bill of rights, democratic regimes have turned into authoritarian Governments. Quite often this happens when persons elected  through  democratic process find  powers  slipping  from their  hands because of some exigencies of the moment or  because of their dwindling popularity on account of the failure of  their policies.  It is in such situations that people elected through democratic process look for alibis and seek extraordinary powers to continue in office. Such moments can well prove to be the twilight of freedom, civil liberties and human rights.

Freedom,    civil   liberties   and   human    rights--Importance of.--Freedom, civil liberties and human rights call for an enlightened nation and a vigilant people. Loss of these values inevitably follows lack of vigilance. Experience should teach us to be on the guard against insidious erosion of liberties and covert curtailment of rights. The people, it is said, never give up their liberty but under some illusion. Men born to freedom are naturally alert and would be immediately called to action to repel frontal assault on their liberties and rights by evil-minded persons. The greatest danger is when liberties are nibbled away  in  bits  and  parts and rights  are  abridged  slowly  and gradually  under cover of objects ostensibly beneficent  and  by men apparently well-intentioned. There is in the world of today a high-powered salesmanship in ideas. The art of propaganda had by no means its origin in this century, but during the Second World War it acquired new dimensions. By raising a smoke-screen of catchwords, by whipping up our passions on some monetary  issues, an  attempt  is  made  quite often  to  cloud  our  thinking  and hyponotise   our  mental  faculties.  Slogans are   coined   and euphemistic expressions created to confer respectability upon and seek justification for acquisition of more powers.  It  is  at moments like these that we need the sentinels to make us aware of the danger which underlies the disposition to take the  immediate for  the  eternal,  the  transitory for  the  permanent  and  the ephemeral  for  the  timeless.  This  necessarily  calls  for   a determined  resistance  to  the  hypothecation  of  the  thinking process.  It also postulates a free trade in ideas. No one can under-rate the importance of this trade for the health and growth of the society.  It is for the fraternity of the Press, the members of the Bar, the legislators and the enlightened sections of the community to make a vital and significant contribution in the carrying on of this trade. And it is also for them to act as watchdogs and sentinels of qui vive of cherished values.  Unless the  enlightened  sections  of  the  community  are  prepared  to discharge the above function and undertake that role, even at the cost of some risk, the future of civil liberties and human rights would  remain  bleak.

Freedom of expression.--In Handyside v. United Kingdom, The European Court while dealing with Article  10  of  the European Convention of Human Rights about freedom of  expression held as follows :--

``The Court's supervisory functions oblige it to pay the utmost attention to the principles characterizing   a   `democratic society'. Freedom of expression constitutes one of the essential foundations of such a society, one of the basic conditions for its progress and for the development of every man.  Subject  to Article  10(2),  it is applicable not only  to  `information'  or `ideas'  that are favorably received or regarded as  inoffensive or  as a matter of indifference, but also to those  that  offend, shock or disturb the State or any sector of the population.  Such are the demands of that pluralism, tolerance and broad-mindedness without which there is no `democratic society'.  This  means, amongst  other  things,  that  every  `formality',   `condition', `restriction'  or  `penalty'  imposed  in  this  sphere  must  be proportionate to the legitimate aim pursued.''

Freedom  of propagation of ideas.--In Romesh Thappar v. State  of  Madras, this Court  held  that the  freedom  of  speech  and  expression  includes  freedom   of propagation  of ideas and this freedom is ensured by the  freedom of  circulation.  It  pointed  out that  freedom  of  speech  and expression are the foundation of all democratic organisations and are  essential  for the proper functioning of  the  processes  of democracy.   

Saurabh Awasthi & Shyam Ji Mittal MBA-IT (IInd Sem.), IIIT, Allahabad.