Learn about Human Rights, Human Rights Day, UDHR, HRC, UHRI, and NHRC with clear polity, history, and ethics insights useful for UPSC prelims and mains.
Human Rights and Human Rights Day: A Detailed Analysis for Polity, Governance, History, and Ethics
Human rights form the moral and legal foundation of modern governance. They define the minimum standards necessary for individuals to live with dignity, liberty, and equality. For UPSC aspirants, understanding human rights is essential as it connects multiple pillars of the syllabus—Constitution, governance, UN institutions, statutory bodies, ethics, and world history.
This article provides a clear and analytical understanding of concepts such as the UDHR, Human Rights Day, the Human Rights Council, UHRI, NHRC, and India’s human rights framework.
What Are Human Rights?
Conceptual Understanding
Human rights are universal, inalienable, and indivisible rights that belong to every person simply because they are human. They transcend nationality, religion, class, gender, and identity.
UN Definition
The United Nations explains human rights as rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. These include:
- Right to life and liberty
- Freedom from slavery and torture
- Freedom of thought, opinion, and expression
- Right to work, education, and equal protection
These rights apply without discrimination.
Definition Under the Protection of Human Rights Act, 1993 (India)
Section 2(d) of the Act defines human rights as rights relating to life, liberty, equality, and dignity guaranteed by the Constitution or embodied in international covenants (ICCPR & ICESCR, 1966) and enforceable by courts in India.
Human Rights and Sustainable Development Goals (SDGs)
Human rights and SDGs reinforce each other:
- Human rights demand equality, non-discrimination, health, education, livelihood, justice, and sustainability.
- SDGs can be achieved only when human rights of all people—particularly the vulnerable—are guaranteed.
Thus, human rights act as both the foundation and outcome of sustainable development.
Human Rights Day and the Universal Declaration of Human Rights (UDHR)
What is Human Rights Day?
Human Rights Day is observed annually on December 10, marking the adoption of the UDHR by the UN General Assembly in 1948.
Theme for 2025: Human Rights, Our Everyday Essentials.
What is the UDHR?
The Universal Declaration of Human Rights is a landmark document that outlines fundamental freedoms and rights for all people.
Key features:
- Adopted on December 10, 1948, in Paris, in response to the atrocities of World War II.
- Contains a Preamble + 30 Articles on civil, political, economic, social, and cultural rights.
- Articles affirm equality, liberty, fair trial, freedom from torture, right to asylum, freedom of religion and expression, and right to education.
- Drafted by a committee chaired by Eleanor Roosevelt.
- Over 50 nations participated; 8 abstained but none voted against.
- Most translated document in the world (500+ languages).
- Not legally binding, but forms the moral and legal foundation of international human rights law.
Significance for UPSC
- A major part of GS-II (International Relations + Rights Issues).
- Important for Ethics paper (universal moral principles).
- Provides conceptual base for essays on rights, freedom, or justice.
Human Rights Council (HRC)
Overview
The Human Rights Council is the UN’s principal intergovernmental body promoting and protecting human rights globally.
Key features:
- Established in 2006, replacing the Commission on Human Rights.
- Composed of 47 Member States elected for 3-year terms.
- Meets at the UN Office in Geneva.
Functions
- Conducts the Universal Periodic Review (UPR) of all UN Member States.
- Passes resolutions on human rights concerns.
- Holds special sessions during crises.
- Appoints Special Rapporteurs and independent experts.
- Can authorize inquiries into grave violations.
Importance for UPSC
Questions often relate to:
- Its mandate
- Structure and functions
- UPR mechanism
- India’s participation
Universal Human Rights Index (UHRI)
What is UHRI?
A centralized digital repository that compiles all human rights recommendations from:
- Treaty Bodies
- Special Procedures
- Universal Periodic Review (UPR)
Purpose
- Helps States and stakeholders implement human rights recommendations.
- Supports analysis of recurring, unresolved human rights issues.
- Facilitates monitoring of groups at risk of being left behind.
- Useful for NHRIs, NGOs, civil society, academia, and governments.
UPSC Importance
Relevant for:
- GS-II (Governance + International Bodies)
- Prelims (match the following, institutional functions)
- Ethics (accountability mechanisms)
National Human Rights Commission (NHRC) of India
Establishment
- Established on 12 October 1993 under the Protection of Human Rights Act, 1993, amended in 2019.
Mandate and Functions
NHRC investigates complaints of human rights violations or government negligence.
It may:
- Recommend prosecution or action against guilty public servants.
- Approach the Supreme Court/High Courts for necessary directions.
- Recommend interim relief to victims or families.
- Conduct suo motu investigations.
- Promote human rights literacy.
- Engage with NGOs and civil society.
Investigative Powers
- Has its own investigative division headed by a Director General of Police.
- Can use central or state investigation agencies.
- Has involved NGOs in some investigations.
Autonomy and Appointment
- Ensured through fixed tenure, appointment mechanisms, and financial independence (Section 32).
- Chairperson and members are appointed by the President on recommendation of a high-level committee including PM, Speaker, Home Minister, opposition leaders, and Deputy Chairman of Rajya Sabha.
State Human Rights Commissions
- Chairperson and members appointed by the Governor on recommendation of a similar state-level committee.
India’s Human Rights Framework
According to nhrc.nic.in, India’s human rights framework is rooted in:
Constitutional Principles
- Fundamental Rights (Part III)
- Directive Principles of State Policy (Part IV)
- Fundamental Duties (Part IVA)
Judicial Mechanisms
- Supreme Court & High Courts enforce rights through writs, public interest litigations, and landmark judgments.
- Judiciary has expanded human rights through an evolving interpretation of Article 21.
Statutory and Constitutional Bodies
Key institutions include:
- NHRC, NCW, NCPCR
- NCSC, NCST, NCM
- NCBC
These institutions protect vulnerable groups and strengthen human rights governance.
Public Interest Litigations (PIL)
PILs have addressed issues related to:
- Child labour
- Environmental protection
- Migrant workers
- Healthcare access
- Prison reforms
Ethics Perspective on Human Rights
Human rights represent universal moral principles rooted in:
- Human dignity
- Equality
- Social justice
- Non-discrimination
- Fairness
They form the ethical foundation for public administration and governance.
Relevance in Ethics Paper (GS-IV)
Human rights help illustrate:
- Ethical dilemmas
- Rights-based approaches
- Accountability of public servants
- Case studies involving vulnerable groups
- Principles of compassion, justice, and integrity
Practice Question (Prelims)
Q. With reference to Human Rights and related institutions, consider the following statements:
- Human Rights Day is observed on December 10 to mark the adoption of the Universal Declaration of Human Rights by the UN General Assembly.
- The Universal Declaration of Human Rights (UDHR) is a legally binding treaty on all UN Member States.
- The National Human Rights Commission (NHRC) in India is established under the Protection of Human Rights Act, 1993.
- The Human Rights Council (HRC) conducts the Universal Periodic Review of human rights performance of all UN Member States.
Which of the statements given above are correct?
(a) 1, 3 and 4 only
(b) 1 and 2 only
(c) 2, 3 and 4 only
(d) 1 and 4 only
Answer: (a)
