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B.

Ed
PROGRAMME
Paper : Peace and Value Education
Course Code : BED 15402
Semester : 4th

Directorate of Distance Education


University of Kashmir
Hazratbal, Srinagar
Course Prepared By

Unit 1st & 2nd

Dr. Habibullah Shah Dr. Zia ul Haq Rafaqui


Assistant Professor (Education) Assistant Professor (Education)
Directorate of Distance Education Department of Education, South Campus
University of Kashmir University of Kashmir
Srinagar Srinagar

Unit 3rd & 4th


Mr. Javeed Ahmad Puju
Assistant Professor (Education)
Directorate of Distance Education
University of Kashmir
Srinagar

Programme Co-ordinator

Habibullah Shah
Assistant Professor (Education)
Directorate of Distance Education
University of Kashmir
Srinagar

Course Co-ordination Team

• Prof. Neelofar Khan


• Mr. Showkat Rashid Wani
• Mr. Habibullah Shah
• Mr. Javaid Ahmad Puju
• Dr. Syed Ishfaq Ahamd Bukhari

Published By

Prof. (Dr.) Neelofar Khan


Director
Directorate of Distance Education
University of Kashmir, Srinagar
Year of Publication: 2018
ISBN:

© Directorate of Distance Education


University of Kashmir Srinagar
Course Code: BED 15402 Peace and Value Education

Unit I Introduction of Peace Education

i) Meaning concept and need of peace education ii) Peace as a


universal value iii) Aims and objectives of peace education iv)
Role of social agencies: Family, Religion, Mass Media,
Community, School, NGO’s, Government agencies in promoting
Peace Education. v) Current status of Peace Education in present
scenario.

Unit II Peace Education and its Challenges

i) Peace Education for national and international


integration. ii) Challenges to peace- Stress, Conflict,
Crimes, Terrorism, Violence and Modernization
iii) Democracy and Peace, Secularism and Peace and
Culture and Peace.

Unit III Sources and Classification of Values


i) Nature and sources of Values, Biological, Social,
Psychological and Ecological. ii) Classification of
Values into various types, Material, Social, Moral and
Spiritual Values. iii) Role of Education in realizing these
values

Unit IV Human Rights and Fundamental Rights

i) Historical Background of Human Rights. ii)


Fundamental Rights as included in Indian Constitution.
iii) Human Rights Protection in Indian Constitution.
CONTENTS

Lesson No. Theme Page No

1. Introduction to Peace Education 1-16

2. Peace Education and its Challenges 17-26

3. Classification of Values 27-65

4. Human Rights and Fundamental Rights 66-118


BED—15402

UNIT I

LESSON NO: 01 INTRODUCTION OF PEACE EDUCATION

Lesson Structure

1.0 Introduction

1.1 Objectives

1.2 Meaning Concept and Need of Peace Education.

1.3 Peace as a Universal Value.

1.4 Aims and Objectives of Peace Education.

1.5 Role of Social Agencies in Promoting Peace Education.

1.6 Current status of Peace Education.

1.7 Let us Sum Up

1.8 Check Your Progress

1.9 Suggested Readings

1.0 Introduction:
Peace education is a new field, since its issue in the south Asian countries took
place at the Conference on Curriculum Development in Peace Education organized by
UNESCO in January 2001 at Colombo where educationists from India, Pakistan, Bhutan,
Maldives and Sri Lanka gathered and unanimously agreed upon the fact that peace
education should be an inbuilt portion of general instruction in their own states—South
Asia at large. Reading this your mind will be no doubt wondering and posing a genuine
question—“Is it really necessary to study peace education, even though we were taught in
previous semesters that whole education is for peace?, isn’t it already in the curriculum?”.

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These queries are genuine, but I have one general question for all of you “Is our system of
education really producing a peaceful young generation” this question will obviously lead
you towards the need and importance of this subject in the contemporary world. So we
shall begin our interaction with peace education by understanding its meaning, concept
followed by its scope and the role of various social institutions in maintaining peace.

1.1 Objectives:

Dear students, after reading this lesson, you should be able to:
• Define the concept of Peace Education
• Understand its aims, objectives and need of peace education.
• Understand the role of various social agencies in maintaining and promoting
peace.

1.2 Meaning Concept and Need of Peace Education:

Peace research as developed in the Western countries has managed to create a


number of definitions for this ambivalent concept; but, being more complex, peace
education or its equivalent in different sections of the world show a great diversity. Here I
will try to provide a worldview of this concept:

• For European, who learned through two World Wars how tragic it is
for people to hate each other, an education for "international
understanding" is peace education.
• For the Indian, it is in the great tradition of Satyagraha and non-
violence of Gandhi.
• For the Japan, Peace Education consists of a collective effort to keep
the lessons of Hiroshima and Nagasaki alive.
• And in the United States, the long decade of muddling through a war
experience in Vietnam lends education for peace a different tone—
Internal Interracial conflicts play a role.

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A plethora of theories, definitions and practices are brought up to outline the very
concept of Peace Education and also everyone learns the fact that both “peace” and
“education” are the notions without any real substance; it is relatively diverse to find a
general correspondence about what Peace Education actually is. Peace in itself is a broad
concept with practical and spiritual connotations. It can infer a state of inner calm or the
end of conflict. “Peace is what you imagine it is or wants it to be. Peace has been
understood to mean the absence of conflict or violence and contrariwise as the presence
of states of mind and of society such as harmony, accord, security and understanding.
Peace education is an approach of getting rid of the conflicts and violence done by
injustice, inequality and human rights violations, and implementing the ways and means
of reducing the same through appropriate educational activity and learning tactics by way
of producing responsible global citizen to attain and spread the peace in the cosmos.
Thus, peace education is a goal of education.

Definition of the Peace Education:

There is no universally accepted definition of Peace Education. Based on diverse


perceptions and approaches, there are copiously definitions available. Here I will try to
present some of the noteworthy definitions:
• Webster defines peace “as a state of quiet or tranquility, freedom from
disturbance or agitation, calm repose”.
• Peace education is an attempt to respond to problems of conflict and violence
on scales ranging from the global and national to the local and personal. It is
about exploring ways of creating more just and sustainable futures — R.D.
Laing (1978)
• Peace education is holistic. It embraces the physical, emotional, intellectual,
and social growth of children within a framework deeply rooted in traditional
human values. It is based on a philosophy that teaches love, compassion, trust,
fairness, co-operation and reverence for the human family and all life on our
beautiful planet — Fran Schmidt and Alice Friedman (1988)

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• Peace education is skill building. It empowers children to find creative and


non-destructive ways to settle conflicts and to live in harmony with
themselves, others, and their world...... Peace building is the task of every
human being and the challenge of the human family —Fran Schmidt and Alice
Friedman (1988)
• According to Albert Einstein “Peace is not merely the absence of war, but the
presence of justice, of law, of order – in short, of government.
• According to Freire (2006) “Peace education is a mechanism for the
transformation from a culture of violence to a culture of peace through a
process of “conscientisation”
• Betty Reardon defines “Peace Education is the attempt to promote the
development of an authentic planetary consciousness that will enable us to
function as global citizens and to transform the present human condition by
changing the social structures and patterns of thought that have created it”.
• “Peace Education is an attempt to respond to problems of conflict and violence
of scale ranging from the global and national to the local and personal. It is
about exploring ways of creating more just and sustainable futures. Laing. R.
D. (1978).
• According to John Dewey “Peace education is grounded in active citizenship,
preparing learners for assiduous participation in a democracy, through
problem – posing and problem – solving education, and a commitment to
transformative action in our societies.”
• Peace education in UNICEF refers to the process of promoting the knowledge,
skills, attitudes and values needed to bring about behavior changes that will
enable children, youth and adults to prevent conflict and violence, both overt
and structural; to resolve conflict peacefully; and to create the conditions
conducive to peace, whether at an intrapersonal, interpersonal, intergroup,
national or international level. This definition represents a convergence of

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ideas that have been developed through the practical experiences of UNICEF
peace education programmes in developing countries.
From the above definition, it can be agreed that in the absence of elements such as
tolerance, understanding, empathy, cooperation there cannot be peace. Whatever strategy
or educational system helps to raise the above said entities among the individuals could
be known as peace education. As such there is no universally accepted definition, but the
basic concepts embedded in the above definitions are that peace education is a remedial
measure to protect children from passing through the ways of violence in society. It aims
at the total development of the child and attempts to inculcate higher human and social
values in the psyche of the child. In essence, it seeks to build up a lot of behavioural skills
necessary for peaceful living and peace building from which the whole of humanity will
benefit.

Need of Peace Education:

The Center for Peace Education in Miriam College and other groups have pressed
out the need of educating for peace is both a practical alternative and an ethical
imperative. Educating for peace will give us in the long run the practical benefits that we
seek. It is required to establish an expected panorama to construct a vital volume of
people who will demand for and address the needed personal and structural changes that
will transform many problems that relate to peace into nonviolent, humane and ecological
alternatives and solutions. To exemplify, we experience that war has been a core
foundation of the worldwide security system then and today. It has adversely affected
countless generations and has likewise contributed to the rationalization of violence in so
many facets of life, has given birth to horrendous phenomena such as wartime rape and
sex-slavery, ethnic cleansing and genocide. There is widespread belief that war is
inevitable and is accepted as a logical way to follow the alleged national interests. The
war carries with it a host of other elements: amassing armaments, increasing military
forces, inventing more sophisticated and destructive weapons, developing espionage
skills and technology, willingness to subordinate human rights and the use of torture on

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enemies, etc. Peace education challenges the long-held belief that wars cannot be
avoided. It can transform the idea of inevitability of war to discover that other alternatives
exist and that there are ways by which violent conflict can be forestalled. Political
advocacy of nonviolent resolution of conflict is a central ingredient of peace education
and you can hardly conceive of the benefits that will be reaped when this becomes the
prevailing outlook and value in our world!
Educating for peace is ethical, imperative, and believing the negation of life and well-
being caused by all sorts of ferocity is an imperative part of the education system. The
ethical systems of the major world faith traditions have articulated principles that inspire
the struggle for peace. These ethical principles include the integrity and value of life, not
just human life but also other forms of life in nature; respect for human dignity;
nonviolence; justice; and love as a social ethic. These are the principles that are highly
encouraged for actualization because they are expected to convey us to the common good.
Thus, there is a clarion call to have a system of education that will help us to inculcate
these values in our culture and the peace education becomes one of the ways to achieve
them.

1.3 Peace as a Universal Value:

Universal Values are the values whose importance are unanimously agreed
upon—Sacredness of human life, peace, human dignity, etc. Peace, together with
freedom, equality and justice, is one of the most desirable values in almost every society.
It has become a universal symbol—a master concept that connotes a general, positive
state that includes all the positive qualities that are cherished and aspired to by human
beings. Peace seems to be an "umbrella concept", a general expression of human desires,
that which is good, that which is ultimately to be pursued. Mankind will always be
heading for goals, some of them very concrete, some of them more abstract and diffuse,
and "peace" seem to be one of the terms that is used for this generalized goal. Peace has
the advantage of expressing global, collective concerns. To fulfill this function the
concept must not be too specific, if so, then the term could no longer serve a general

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purpose. As stated earlier, peace is an abstract concept writing about it is to write about
everything and also about nothing; it is neither precise nor sufficiently vague to be
discarded completely as a subject of serious inquiry; the closer one approaches it the more
does it recede—and it is frighteningly important. In the light of world advocates of peace
education, peace can be attributed to Presence of cooperation, Freedom from fear,
Freedom from want, Economic growth and development, Absence of exploitation,
Equality, Justice, Freedom of action, Pluralism, Dynamism etc. One may now ask
whether there is a logical contradiction inherent in these values, and the answer is
probably no. All these values can be discussed at the individual, national, intra-national as
well as at the international level of nations. These attributes of the Peace aptly make it a
universally accepted and a cosmopolitan value.

1.4 Aims and Objectives of Peace Education:

1. The field of peace and conflict studies aspires to construct a population that can
independently analyze their situation, prevent physical or structural violence and
promote elements of positive peace—equality, respect, sustainability, and other.
2. It aims to teach students about past conflicts, how they have been addressed, and
how to settle them peacefully.
3. It aims to equip the students with accomplishment of peace building and conflict
resolution, encourage them to think through various complex realities.
4. It aims to acquire a more future orientated perspective, identify and envision
alternative futures which are just and sustainable.
5. It aims to engage in active and responsible citizenship, both in the local, national
and global community, and on behalf of present and future generations.
6. It aims to stimulate creativity, critical thinking, and participatory learning
methods, with the result being actions that help create a more just, sustainable and
peaceful world.
7. Peace education as a practice aims to confront and resist violence to transform
societies toward cultures of peace.

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In view of the above mentioned aims and objectives, the peace education is a call
for an inclusive approach to mutual coexistence and a holistic way of living. It applies to
the contents of all curricular, at every level in the education system.

1.5. Role of Social Agencies in Promoting Peace Education:


According to international communication on education "The aim of the education
is to transform a person into a complete man. Right education leads to refinement of
conduct. Good intellect alone can lead to happiness in the family, prosperity to the nation
and peace in the world.”
• Role of Family:
Families remained the “default” way of human organization throughout history.
The reason for this is quite meek as the life initiates in the family and our world is the
family–infancy, childhood and then into adulthood. Thinkers from Plato to Max Weber
have lamented the strength of familial and kinship ties. Confucius describes family as the
most important unit of society and ensured the strength of a nation built on the values
taught first and foremost in the family. According to him, lessons learned in the family
did not end in the family; he attributed family life as the “school of love and virtue” and
suggested that the feelings of love and care that we experience for our family members be
extended out to others in society. Family is the first social organization that provides the
immediate proximity from which the kid can learn his behaviour and is regarded as the
cornerstone of society, universal social institution, the first home of citizenship and the
mother as a first and most important teacher of the child. From mother, he/she would take
values of life—truthfulness, happiness, peace, justice, etc., which are instilled in
children’s thoughts, feelings and actions and they function as ideals and standards that
govern their actions in their life. Social standards and customs set by a family provide the
emotional and physical basis for a child. Family is the foundation on which values are
built. The value system practiced in the family gets imbibed automatic by younger family
members. The family, shapes the child’s attitude towards people and society, and helps in
mental growth in the child and supports his ambitions and values. Blissful and cheerful

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atmosphere in the family will develop the love, affection, tolerance, and generosity. A
child learns his behaviour by modelling what he sees around him. Family plays a major
role in helping a child socialize and has great influence and bearing on the progress of the
child. Society needs healthy families that can work for the good of a greater community.
Thus, family is the natural place to start when seeking global peace.
• The Role of Religion:
Religion is a primary way of life rather than theories about the origin of the world.
Religious beliefs are not scientific propositions, but encounters with mystery and
expressions of human needs that form ways of life, ways of working, ways of responding
to the strange world in which we see ourselves. Religions are ways of being in the world
which produce significant claims and demands upon people and while they are concerned
with socialization they primarily function to address questions of ultimate meaning at a
bodily and temporal level in which human beings make sense of their experience. In other
words, religions are responses to the human encounter with what is beyond us, encounter
with mystery, paradox, and the overwhelming force and wonder of there being anything
at all. Religious beliefs cannot be boiled down to simple beliefs or propositions about the
world, but are visceral responses to the human condition and expressions of what might
be called the will to meaning. Some of the claims of religion sound absurd to modern
ears, but religions continue to hold great power over billions of people who cannot simply
be dismissed as irrational or deluded. As such no religion in the world preaches violence,
conflict or terrorism. Every though all the religion unanimously advocates and preaches
peace and peaceful co-existence of all citizens. Let us here discuss the concept of peace in
the light of two major religions of the world.
In Christianity, Jesus Christ is known and referred to as the prince of peace. He
taught, commanded, and demonstrated the significance of peace and “his name will be
called wonderful, counsellor, mighty God, everlasting father, prince of peace” (Isaiah 9:
6-7). Islam also calls for the quest for peace, tolerance and kindness which is a state of
physical, mental, spiritual and social harmony. Other virtues of Islam are that Muslims
were urged to imbibe the spirit of kindness and forgiveness and further enjoined to live in

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harmony and peace with fellow human beings, Repel evil with that which is better and
show perseverance with patience.
These values and virtues were practically demonstrated by the Holy Prophet
Muhammad (S.A.W). He used non-violent methods to resist those who persecuted him.
He never resorted to violence or force unless as a defensive mechanism. Peacemaking,
negotiation and dialogue are considered more effective than aggression and violent
confrontations.
As discussed, the concept of Peace in the light of two major religions, it could be
considered that peace is paramount importance to any meaningful development and
religious teachings can provide the needed peaceful atmosphere if used in the right
perspective.
• Role of Media: Cinema, Television and Radio
In contemporary times the mass media have acquired greater importance at all
strata of society, and today’s computer revolution advocates their utility to a large extent
in the home and the community. Their tremendous popularity places them in competition
with written and oral tradition, and poses a threat to the latter. Such a great success
highlights the specific features of messages broadcasted by these media. These could
indeed go to peace, but, like everything else, they can be exploited and maltreated, and
therefore create the opposite result. Cinema, television and radio provide a presence
which breaks down the barriers isolating one human group or individual from another.
For a Bakerwal residing aloof in the remote mountainous terrains engaged with the
grazing of goats, the transistor radio acts as a link with the outside world. Television
provides company for lonely old people, and the telephone offers emergency services for
those in physical or mental distress. These media also have an immediacy which
annihilates distance in time and space, therefore causing the planet closer-knit and
fostering world unity. Illiterates of all ages now have direct, immediate access to the
messages broadcast by radio and television, and these novel means of communication
have made information instantly more democratic. They get a broad range of experience
to those whose creation is determined by such factors as illness, isolation, poverty or

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ignorance. Irrespective of their social background, children tend to exist in a universe that
is temporarily restricted by their immaturity; the arrival of video has suddenly forced
back the bounds of that universe. These media are attractive because of their liveliness
and vitality; they likewise possess a potential effectiveness that has not even been fully
worked. Media no doubt has an unparalleled power of suggestion which makes a deep
impression on the psyche, and often causes the other medium to seem feeble and boring
in comparison. In India, children and adults alike are enthusiastic cinemagoers. India has
brought out a great many films of varying quality, and popular screen stars enjoy an
immense following. The characters they play provide models of conduct/behaviour, and
influence people’s self-image. Thus, mass media can be best utilized as a means of
propagating the message of peace effectively.
• Role of Community and the Schools:
Children in a classroom are the representatives of the society, they are the
members of a small society that represents the heterogeneity of the larger society outside
and exerts a tremendous influence on their moral development. The teachers of a school
serve as the role model to students and play a major role in inculcating their ethical
behaviour. The peers at school diffuse boldness, cheating, lying, stealing, and
consideration for others. Though there are conventions and regulations, the educational
institution tries to instill in children, both in a formal and in an informal manner. They
play a major role in developing ethical behaviour in children. The children are
encouraged to be accountable for their own actions and should learn to honour and treat
others kindly. Teachers being the first role model(s) for the children outside the family.
When they understand the model showing concern for others, motivating them for their
good deeds and cooperating and helpful with their academic issues, the children discover
them by observing and imitate it with fellow peers. The children are taught basic morals
and values in school. They should be taught by stressing the idea through many activities,
stories and fibs, which will advance them to engage in more helping behaviours.
Teacher(s) also appreciate the children for developing pro-social behaviour, especially for
any specific action they have done to help others. With the accomplishment of these

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universal qualities these children become the paradigm of revolution when they get
diffused in the larger society outside the schools. Thus, it is the duty of schools to produce
those products that are first socially acceptable and besides with a rational set of mind.
• The Role of NGO’s and Government Agencies:
A government is an organization or a group of people governing a prearranged
community, while as Non-government organizations (NGOs) are formal organizations of
masses who are engaged in activities that are not primarily for their own benefit. The term
"NGOs" is sometimes used interchangeably with "grassroots organizations," "social
movements," "major groups," and "civil society,”. NGOs are mostly acknowledged as
organizations which work parallel to government machineries. Their members are usually
individuals and private connections, rather than states, and they may be formally
established networks of other systems. NGOs and governments traditionally have
different ethnic and institutional mindsets, and sometimes different objectives.
Governments inevitably tend to concentrate on large and long-term macro issues, while
NGOs tend to gravitate to more socially based short-term micro issues, eg., governments
may determine their main function in a conflict as contributing to an overall agreement
between warring parties while as NGOs, on the other hand, tend to expect at the weak
spots and the consequences of peace agreements. NGOs frequently display impressive
creativity in solving practical problems, and act as an important part in paving the way for
the implementation of conflict resolution measures. Although Non-governmental
organizations (NGOs) have been contributing to different phases of peace studies, viz.,
human rights, gender discrimination, environment, etc. they do not impact education
adequately at the school layer. The NGO sector is gaining importance in the framework
of official assistance, rehabilitation and reconstruction programs and makes important
contributions as they act as facilitators between polarized communities and the
governmental setup. NGOs, aim the substitution or reparation of the infrastructure and the
material resources damaged by a calamity, they strengthen administrative, social and
economic administrations of the affected communities and contribute to reestablish
psychological well-being. They orient themselves, towards those projects that allow the

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affected population to overcome by themselves the situation, which kicks to a great extent
to increase the capacities of the citizenry to be self-sufficient and to be capable to move
on by themselves.
In conclusion, we can suppose that the NGOs at times are simply better than
nothing, a structure for local action, communication, and dispensing resources when no
other structures exist. They provide a mechanism that might work where the Government
has failed.

1.6 Current Status of Peace Education:


Peace education in its modern form is a relatively new subject which continues to
develop and expand to this day. John Dewey, Maria Montessori, and Paulo Freire are
considered to be three major thinkers in this area. Peace education at present has its roots
in academia and the field of peace studies. Peace education as beginning in nineteenth
century Europe with many intellectual efforts emphasizes learning about violent conflict,
evolving into socialist political thought, and spreading to the United States and elsewhere
before World War I, Scholars then began to study war and started trying to educate the
public about its dangers. More and more people tried to persuade each other and their
governments to use mediation instead of war to solve international conflicts. In the early
1900s, women became an especially active part of this modern peace education
movement. Maria Montessori is one example of an influential mid-20th century theorist
who found new connections between peace and education. Other peace educators at that
time, such as Herbert Read, began encouraging the use of art and students' creativity to
promote peace, while as Paulo Freire, focused on training students for critical analysis
and reform of society. International organizations, including various United Nations
bodies, as well as many non-governmental organizations, have been raised in influence
and importance since the end of World War I, and have contributed greatly to the
movement to achieve global peace. Peace studies became a more serious academic
subject soon after World War II. The menace of nuclear war throughout the Cold War
encouraged many scholars to devote their studies to creating a sustainable peace. With the

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Convention on the Rights of the Child (CRC), created in 1989, peace education and
human rights education took on new importance, as this type of education came to be
seen as a fundamental right that all children should have.
International organizations of all types, along with local teachers and
communities, felt renewed pressure to provide peace education to all students as part of
their core study; this provision became an explicit duty for everyone in society, and
especially for those involved in formal education. The United Nations (UN) General
Assembly in 1999 declared 2000-2010 as the International Decade for Promotion of a
Culture of Peace and Nonviolence for the Children of the World. The last five decades
have witnessed several significant advocacies for education for peace. The UNESCO
recommendations on education for international understanding, peace, human rights, and
fundamental freedoms (1974) and UNESCO’s 1994 action plan for education for peace,
human rights, and democracy, endorsed by 144 countries, are two of the prominent
landmarks. Since 1990s, peace education scholarship from around the world has provided
an even greater variety of perspectives on the practice and its goals, some have
emphasized minimizing masculine aggression, domestic violence, and militarism; others
have sought to foster empathy and care in students; and many have argued that critical
thinking and democratic pedagogy are vital. Teachers and others have shaped their
programs to address the needs and goals of their communities. ASPnet was launched by
UNESCO in 1953 to promote international understanding and peace. As of 2003, ASPnet
includes 7500 institutions ranging from nursery schools to teacher training institutions in
170 countries. The network is dedicated to the pursuit of peace, liberty, justice, and
human development. An innovative pilot project on “peace and disarmament education”
is being implemented in four countries: Albania, Niger, Peru, and Cambodia, by the UN
Department of Disarmament Affairs (UNDDA) and The Hague Appeal for Peace (HAP).
The Centre for Research on Education for peace (CERPE) at the University of Haifa,
Israel, are some of the noteworthy institution which has been functioning since 1998 and
serves as an interdisciplinary and international forum for the scholarly study of education
for peace. The Earth and Peace Education Associates International (EPE), New York, is

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yet another organization which promotes basic values related to peace, viz., sustainability,
non-violence, social justice, intergenerational equity, and participatory decision-making.
Besides these, a number of other organizations around the world are working for peace.
With respect to south Asia institutions that contribute in the development of peace
education are Pak institute of Peace Studies, The Lakshmi Mittal South Asia Institute,
Mahatma Gandhi Institute Of Education For Peace And Sustainable Development,
Gandhian ideas of peace, the Gandhi Peace Foundation, Gandhi Smriti and Darshan
Samriti, Gandhian Institute of Studies, and Jaipur Peace Foundation being prominent
institutions that are working for the promotion of peace.
Thus, the trend in recent appears to be one of moving toward an expanding
informal network of activists, scholars, teachers, and others that draw on each other's
work to improve their understanding and promotion of peace. New participants join the
movement every day, and peace education continues to evolve in its theory and in its
practice.

1.7. Let us Sum up:


In this unit, you have learnt the concept of peace and the meaning of peace
education its various aims and objective. We also tried to understand the role of various
social agencies like family, religion, school etc in promoting the Peace Education.

1.8. Check Your Progress:


1 Define the concept of Peace Education and why is it needed?
2 Explain the aims and objectives of the peace education?
3 Enumerate the role of various social agencies in promoting Peace?

1.9. Suggested Readings:

Kamali, M. H., (2013) Peace as a Universal Islamic Value, ICR 4.2 IAIS Malaysia
Noddings, N (2012) Peace Education how we come to love and hate war
Emerita, Stanford University, Cambridge University Press.

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UNESCO. (2005) Peace Education Framework for Teacher Education


B-5/29, Safdarjung Enclave, New Delhi – 110029
Panday, S. (2004) Peace Education Self-Instructional Package for Teacher Educator,
NCERT, New Delhi
David Smock, (2002) Ed., Interfaith Dialogue and Peacebuilding Washington, D.C.:
United States Institute of Peace.
Galtung, J. (1969) Violence, Peace, and Peace Research, Journal of Peace Research, Vol.
6, No. 3.

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UNIT II

LESSON NO: 02 PEACE EDUCATION AND ITS CHALLENGES

Lesson Structure

2.0 Introduction

2.1 Objectives

2.2 Peace Education for National and International Integration

2.3 Challenges to Peace—Stress, conflict, crime, terrorism, violence and


modernization.

2.4 Democracy, Secularism, Culture and Peace.

2.5 Let us Sum Up

2.6 Check Your Progress

2.7 Suggested Readings

2.0 Introduction:
After the through understanding of Peace education as discussed in the previous
chapter, we can suppose that the seeds of Peace education have started sprouting all over
the globe. These developing buds have to confront a lot of calamities in order to deliver
the fruits of peace and prosperity universally. Hither, in this chapter will shall try to
enumerate the role of peace education in maintaining the national and international
integrity and will also deliberate on several challenges that prove obstacles in maintaining
universal peace.

2.1 Objectives:

Dear students, after reading this lesson, you should be able to:
• Define the concept of National Integrity.

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• Identify the role of Peace education in maintaining the national and


international peace and unity.
• Understand the role of various value systems in maintaining and promoting
peace.

2.2 Peace Education for National and International Integration:

National integration becomes an important component for any nation with socio-
cultural, religious, linguistic and geographical diversities and, for every nation to promote
national integration peace education acts as a universally accepted tool. Peace education
as specified in first unit is the cognitive operations of gaining the values, knowledge,
developing the attitudes, skills, and behaviours to synchronize with oneself and all other
creations. And for a country like ours, (PE) it is still more necessary as we know, India is
a very large country having the second biggest population in the world. A unique feature
of our country is the diversity which occurs in diverse forms, shapes and sizes—religion,
region, culture, language, costume, climate, food habits, etc. Despite all these alterations
India is one united and firm political entity. We have to co-exist with each other
peacefully, respect the sentiments of this diversity which is only possible when the term
national integration is realised in true sense. The Constitutional Preamble described India
as a Sovereign, Socialist, Secular, Democratic, Republic nation and assure to all its
citizens the liberty of thought, expression, belief, religion and worship.
National Integration is the institution of a tactile sensation of oneness where the
diversities are recognised and respected by imbibing a sense of nationhood. Thither is a
certain level of consistency in the diverse efforts to conceive the notion of internal
consolidation. In prospect of promoting national integration in November 1960, the
Education Ministers of all the States met to deliberate this issue and the problem of
National Integration was considered in all its gravity, then a commission was founded
under the leadership of Dr. Sampurnananda for promoting internal and emotional unity in
the nation. The Committee urged that the purpose of teaching should not be merely to
contribute or exchange knowledge, but also to bring close to the all round growth of the

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personality of the students. Through the medium of education, the qualities of sacrifice
and tolerance should not be evolved in the student behaviour so that, the feeling of
national unity may be fostered.
The Values of peace and prosperity are deeply rooted in Indian philosophy and
culture, and are ingrained in every tradition. Educational institutions play a substantial
part in the advancement of these values. The Vedas and Upanishads form the source of
inspiration for these values. In the Vedic period, the Guru insists his Sishya to follow
certain values throughout his life—Socialist, Secular, Democratic, Justice, Liberty,
Equality, Fraternity, Dignity of the individuals and integrity of the nation are the ideal
ones. Our values in life must draw their inspiration from these ideals. Most of the students
try to follow the teachers’ viewpoints as it is very easy to transform the children. Teachers
should be the role model for children even in their personal life. They should not be
limited towards their own religion, caste and creed. The real purpose of education can be
carried out by teachers alone. Hence it is the duty of every teacher to pass on proper
education to coming generation, so, that coming generations will be risen up with good
values which will help for the National Integration and Peace in our land.

2.3. Challenges to Peace:

The highest objective for any education is to inculcating peace and exhibiting
moral values among every individual of the society. The foundation of peace and moral
values are nurtured in the family, which is further being enhanced at the school as read in
chapter one. Peace is a broad concept with practical and spiritual significance. It can
allude a state of inner calm and end of conflicts. Peace not only means the absence of
war, but also a complete absence of violence of any forms, such as conflicts, threat to life,
social deprivation, discrimination, tyranny, exploitation, poverty, injustice, etc. Peace
education deals with the executing number of ways and means of reducing these conflicts
through appropriate teaching and learning tactics. Thus helping in producing responsible
global citizen to attain and spread the peace in the world. Therefore, peace education is an
important goal of modern education system. Today the word has achieved an adequate

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level of material progress, and there are lots of factors that influence the procurement of
peace. Here in this unit we shall identitify some of them:

Stress:

In psychological terms stress is a tactile sensation of strain and pressure, modest


quantities of emphasis may be felicitous, beneficial, and even good for health. Stress in
positive direction may help in improving performance and may also play a major role in
incentive, adaptation, motivation and reaction to the environment. Nevertheless,
extravagant amounts of stress, may lead to harm. Stress can be external and linked to the
environment, but may also be demonstrated by internal perceptions that cause an
individual to experience anxiety or other negative emotions surrounding a situation, such
as pressure, discomfort, etc., which they then deem stressful. Humans perceive things as
threatening or experience stress, when they do not conceive that their resources for coping
with the problem are enough for what the conditions call for. When people consider the
demands being put on them exceed their ability to cope, they then perceive stress. Any
such kind of stress may block in developing inner as well as outer peace in any person.
Stress could be a major challenge in the development of peace in an individual as well as
the society also. Strategies to overcome these inner and outer stress should be inculcated
in the learner's mind by showing him the right direction.

Conflict:

Conflict exists whenever estranged activities occur, activities that are contrary to
another, it prevents, blocks, or interferes with the occurrence or effectiveness of the
second activity. Conflict resolution involves recognizing particular difference to manage
dispute which is really a challenging job. There are different types of theoretical
explanations of conflict management practiced in the field of peace education. Conflict
basically arises from disputes among the peoples over values, motivations, perceptions,
thoughts, or desires. Sometimes these alteration look trivial, but when a conflict triggers
strong feelings, deep personal and relational problems arise. It is very difficult to point

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out the causes of conflict manifestation in an individual’s mind. The conflict often gets an
internal conflictual dynamic which makes peaceful, constructive and non-violent
settlement difficult or unacceptable. Conflict resolution processes help in apprehending
violence, ensuring student and introducing disciplinary measures. Peace education helps
to recognize where and why conflict occurs, and also offers skills to supervise work and
also aids in minimizing conflict. Further, the inclusion of conflict resolution principles in
the peace education helps student’s in better understanding of the academics and the real
world.

Terrorism:

Sending a political message through the use of violent acts is known as the
terrorist, its menace is spreading like a disease and causing serious effects throughout the
world. No continent, no nation in this world is secured from this a threat for whole
humanity. It does not matter what are the intentions of these terrorists, but the innocent
civilians suffer the ultimate consequence of this. In the last few years, terrorism has been
overpowering and creating many devastating problems in various countries that are facing
this evil challenge. It has greatly affected the economy of the nation and disturbing the
lives of the common peoples, especially the youths which are most susceptible to this
radicalism as they are not only the future of their nation but also the future of this world
and have to face the aftermath of this terrorism in terms of financial crisis and peace.
Peace is an essential component of our lives, without it this world is incomplete. To
ensure world peace, all the nations are working hard by taking effective initiatives to
eliminate terrorism permanently. The whole world must shake hands and come together
in eliminating terrorism.

Violence:

World Health Organization defines Violence as “the intentional use of physical


force or power, threatened or actual, against oneself, another person, or against a group or
community, which either results in or has a high likelihood of resulting in injury, death,

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psychological harm, mal-development, or deprivation,". Education Based on life skills


that lead to Violence Prevention and Peace Building promotes the growth and
development of knowledge, skills, attitudes and values needed to bring about behavioural
change that will enable children, youth and adults to prevent conflict and violence, both
overt and structural; resolve conflict peacefully; and make the circumstances conducive to
peace, whether at an intrapersonal, interpersonal, intergroup, national or international
level.

Modernization:

The world is experiencing rapid alterations in each and every aspect because of
the application of science and technology. The velocity and the direction of this change
(modernization) is constantly ascending, every society tries to reach a higher standard
every day. In this process, societal development, moral ethics, equipment, passion and
many such qualities play a really significant part. The process of modernization is
incomplete without science and technology and it is not in any way that each and every
aspect of modernization will be safer. Modernization may give rise to bureaucracy and
authorization and has some adverse effects on culture, society and the individual. Peace
education is a potent driver of development against these negative effects. Using these
modern developments as an important tool for the protection and advancement of peace
around the macrocosm is the responsibility of every planetary citizen. Peace education,
thus forms a vital element in education and it helps the learner to grow and develop as
full-fledged responsible global citizens. It constitutes the foundations from which they
can build a just society. Peace education highlights the need to sensitize the nation’s
young mind through the knowledge of common cultural heritage. Therefore, there is a
greater need of integrating peace education into the education system to overcome the
above mentioned challenges and in the development of a peaceful society.

1.4 Democracy and Peace:


Democracy is contemplated as the finest strain of government in which all
individuals participate consciously. In a democratic setup people endure the sovereign
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power in determining their destiny. So in democracy the masses are the ultimate source of
power and success and failure of the nation depends completely on their wisdom,
consciousness and vigilance. Democracy has been defined as ‘the Government of the
people, by the people, and for the people’. It is the lone form of Government in which the
will of the people is reflected in the jurisdiction and legislations.
Conflict resolution and the public participation are the two important issues of Indian
democracy with reference to education, democracy being the best system available for
managing conflicts without having expedient to violence. Education is the hallmark of
democracy and illiteracy cripples democracy, illiteracy limits participants to cast their
vote during elections. Such a democracy cannot be a government of the people, by the
people, or for the people. Literacy in itself is not, nevertheless, sufficient to facilitate
democratic participation. Pacification is a major prerequisite for democracy and violence
disables all, exclude those who wield power. During conflicts or wars, citizens’ rights get
deactivated people can be empowered only in a country where peace reigns. Education
for peace is a powerful and necessary means for this purpose. It is believed that
democracy and peace are mutually linked, and that democracy leads to peace. Democracy
helps in providing benefits to the people for their welfare and happiness. Democracy and
peace are a historic pledge, which is gained through global movements and institutions,
than a settled pattern which can be identified with the established democratic nation-states
and their collaborations.
In the relationship of democracy and peace, the dominance is given to democracy to push
the states to peace. Democracy produces peace by claiming that it is peace that produces
democracy. The fostering of democratic participation and governance is the only way to
replace the authoritarian structures of power which were created by and which have, in
the past, sustained the culture of war and violence. The indispensable foundations for the
realization of social and people-centred sustainable development for the achievement and
sustenance of peace and security among the nations forms an important part of a
democratic nation. The eminence need to be on democratic participation, since
governments have gained their power through political systems that bear the name

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"democracy" but which allow very little participation by the ordinary citizen. In fact, the
actions of governments are often so secretive and confidential, that citizens are not even
capable to participate in the knowledge of what their government is managing. The
democratic system, if followed properly helps in maintaining mutual peace among
nations.

Secularism and Peace:


“Peace education is a mechanism for the transformation from a culture of
violence to a culture of peace through a process of “conscientisation”. It is a progression
of teaching encounters, drawn from people, the desire for peace, nonviolence substitutes
for managing conflict, and skills for critical analysis of structural systems that produce
and legitimate injustice and inequality. The term "secularism" was first applied by the
British writer George Jacob Holyoake in 1851, identifying it as the principle of the
detachment of government institutions and people’s authorization to represent the state
from religious institution. In simple words, secularism means no discrimination against
anybody in the name of religion. Exhibition of secularism is affirming the right to be free
from religious rule and teachings, or, in a state declared to be neutral on matters of belief,
from the imposition by government of religion or religious practices upon its people.
Another disclosure of secularism is the view that public activities and decisions,
especially political ones, should be uninfluenced by religious beliefs and practices.
India bears the second highest population in the world and is also recognized for
its secular ideology to people of diverse communities and religious belief. This view has
led to ongoing peace and harmony amongst all, mutual harmony, is the first idea to focus
and bring all the cultures together and keep the life of oneness in diversity. This oneness
is possible when a secular approach to all the religions and communities is sustained by
the citizens of India. Thus secularism plays an important role in bringing peace and
harmony amongst all.

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Culture and Peace:


Culture is the total way of life, social behaviour and the norms found in human
societies. It is seen as a key concept in anthropology, covering the range of phenomena
that are transmitted through social learning in human societies. Culture denotes the way
groups do things, group(s) may have different culture and is passed on to the next
generation by learning. Culture is seen in scripture, religion, writing, music, clothing,
cooking’s etc. According to United Nations Resolutions 1998, “culture of peace is an
integral approach to preventing violence and violent conflicts, and an alternative to the
culture of war and violence based on education for peace, the promotion of sustainable
economic and social development, respect for human rights, equality between women and
men, democratic participation, tolerance, the free flow of information and disarmament”.
This culture of peace can only be implemented by means of an education oriented
towards inner peace, understanding—solidarity and tolerance, participatory
communication, sustainable economic and social development, nonviolence, International
Peace and Security. Promoting a culture of peace is the heart of all religions, national and
international governance, and all the educational system. Right from the beginning all
missionaries are striving hard to reach the goal of encouraging a culture of public security
through various schemes. The focal areas such as promoting inner peace, understanding,
tolerance, solidarity, participatory communication, democratic participation, gender
equality, sustainable economic and social development, non- violence, international peace
and security are the ultimate goal of teaching peace education to the individuals. As a
result, peace should be more and more recognized as the cornerstone of all people’s daily
life, both in terms of prevention and reconciliation, especially in situations characterized
by social and economic unrest, cultural or religious hostility, post-conflict situations,
contested electoral processes, and other kinds of violence-prone environments.
Addressing these situations through activities at the global, regional, national and local
levels, a culture of peace has the potential to result in everyday peace, a peace crafted by

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all members of societies. It is leading and practicing peace to the fabric of daily life,
peace understood by people holding out in the material universe.

1.5. Let us Sum up:


In this unit, you have learnt to identify the role of peace education in maintaining
and promoting the nation and international integration. We have also discussed various
challenges to peace and the role of various value systems in maintaining peace and
prosperity.

1.6. Check Your Progress:


1 Define the role of Peace Education in the promotion of national integrity?
2 Identify various challenges to peace?
3 Enumerate the role of Democracy, secularism and culture in promoting Peace?

1.7. Suggested Readings:


Barash, P. David (2000). Approaches to Peace, oxford university press, New York.
Castro. L. N and Galace. J. N. (2008) Peace Education: A Pathway to a Culture of Peace.
Centre for Peace Education, Miriam College, Philippines.
Gulati, S and Pant, D (2010) Ways to Peace A resource book for teachers. NCERT—New
Delhi
Reardon, Betty, (1988) Comprehensive Peace education. Educations for Global
Responsibility, New York: Teachers College Press.
Salomon, G. (2015) Handbook on Peace Education, Psychology Press, Tylor & Francis.

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UNIT III

LESSON NO: 03 SOURCES AND CLASSIFICATION OF VALUES

Meaning
‘Value’ comes from the Latin word ‘valere’, which means to be of
worth, to be strong. The dictionary gives the following meaning: relative worth
utility or importance, degree of excellence, something intrinsically valuable. Value
literally means something that has price, something precious, dear and worthwhile; hence
something one is ready to suffer and sacrifice for; if necessary one is ready to die for it.
Generally, value has been taken to mean moral ideas, general conceptions or orientations
towards the world or sometimes simply interests, attitudes, preferences, needs, sentiments
and dispositions. But sociologists use this term in a more precise sense to mean “the
generalized end which has the connotations of rightness, goodness or inherent
desirability”.
These ends are regarded legitimate and binding by society. They define what is important
worthwhile and worth striving for. Sometimes, values have been interpreted to mean
“such standards by means of which the ends of action are selected”. Thus, values are
collective conceptions of what is considered good, desirable, and proper or bad,
undesirable, and improper in a culture.
Definitions-
1. According to M. Haralambos (2000), “a value is a belief that something is good
and desirable”.
2. For R.K. Mukerjee (1949) (a pioneer Indian sociologist who initiated the study
of social values), “values are socially approved desires and goals that are
internalized through the process of conditioning, learning or socialization and
that become subjective preferences, standards and aspirations”. A value is a
shared idea about how something is ranked in terms of desirability, worth or
goodness.

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3. The dictionary of education (1959) defines values, “as the things in which
people are interested- things they want to desire to be or become: feel as
obligatory, worship or enjoy.
4. Kane states, “Values are the ideals, beliefs, or norms which a society or the
large majority of a society’s members holds.”
Familiar examples of values are wealth, loyalty, independence, equality, justice, fraternity
and friendliness. These are generalized ends consciously pursued by or held up to
individuals as being worthwhile in them. It is not easy to clarify the fundamental values
of a given society because of their sheer breadth.
Generally, value has been taken to mean moral ideas, general conceptions or orientations
towards the world or sometimes simply interests, attitudes, preferences, needs, sentiments
and dispositions. But sociologists use this term in a more precise sense to mean “the
generalised end which has the connotations of rightness, goodness or inherent
desirability”.
These ends are regarded legitimate and binding by society. They define what is important
worthwhile and worth striving for. Sometimes, values have been interpreted to mean
“such standards by means of which the ends of action are selected”. Thus, values are
collective conceptions of what is considered good, desirable, and proper or bad,
undesirable, and improper in a culture.
According to M. Haralambos (2000), “a value is a belief that something is good and
desirable”. For R.K. Mukerjee (1949) (a pioneer Indian sociologist who initiated the
study of social values), “values are socially approved desires and goals that are
internalized through the process of conditioning, learning or socialization and that
become subjective preferences, standards and aspirations”. A value is a shared idea about
how something is ranked in terms of desirability, worth or goodness.
Familiar examples of values are wealth, loyalty, independence, equality, justice, fraternity
and friendliness. These are generalized ends consciously pursued by or held up to
individuals as being worthwhile in themselves. It is not easy to clarify the fundamental
values of a given society because of their sheer breadth.

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Nature of Values- Keeping in view the meaning and definitions of values, the nature of
values can be summarized as under;
1. Values are the standards or guidelines for an individual’s life.
2. Values are influenced by an individual’s experiences, desires and specific
situations.
3. Values are the standards or guidelines for a nation that guide it’s polices.
4. Values steer our life’s journey.
5. Values are not static, they are dynamic in nature.
6. Values are modes of organizing conduct.
7. Values are acquired sub-consciously in many ways.
8. Values posses both cognitive and effective dimensions.
9. Values can be structured and restructured through processes of reflective thinking.
10. Values animate an individual. They move him around in his environment as they
define its attractive and repelling sectors.
11. Values energize individuals to action.
12. Values are organized into value system. The total number of values that constitute
an individual’s value system in the very large.
13. The value of a thing is an account of the fact that the thing has the power to satisfy
our desires.
14. Anything has a value if it relates to the purpose of an individual which he has in
his life.
15. Anything which has utility has value.
16. Values are felt sometimes partly and sometimes wholly.
17. Values are helpful for survival.
18. Anything which is helpful in organizing society is called value.
19. Values are influenced by emotions.
20. Values are derived from several sources.
21. Values are not feelings, but they are concepts.
22. Values are express feelings but they are more than feelings.

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23. Values exist in the mind, and, are independent of Public affirmation.
24. Values are absolute but they are dimensional. That is, values are criteria for
judging the degree of goodness of badness, Tightness or wrongness.
25. Values are concepts heavily weighted with emotions and influence the child’s
selection from variable modes, means and ends of action.
26. Values are primarily, ethical, social and subjective. Therefore, they are strong
dispositions of human behaviour than concepts with less heavy emotional
weightage.
27. Values are based on respect for human dignity. They assume that personal
integrity is the nucleus around which ethical community and global stewardship
resolve.
28. Values are the very essence of human life.
29. Values are essential for a fair and equitable community which reflects our respect
as well as responsibility for the global environment.
30. Values are cross-cultural and are essential for the development of community and
global citizenship.

Characteristics:
Values may be specific, such as honoring one’s parents or owning a home or they may be
more general, such as health, love and democracy. “Truth prevails”, “love thy neighbor as
yourself, “learning is good as ends itself are a few examples of general values. Individual
achievement, individual happiness and materialism are major values of modern industrial
society.
Value systems can be different from culture to culture. One may value aggressiveness and
deplores passivity, another the reverse, and a third gives little attention to this dimension
altogether, emphasizing instead the virtue of sobriety over emotionality, which may be
quite unimportant in either of the other cultures. This point has very aptly been explored
and explained by Florence Kluchkhon (1949) in her studies of five small communities
(tribes) of the American south-west. One society may value individual achievement (as in

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USA), another may emphasise family unity and kin support (as in India). The values of
hard work and individual achievement are often associated with industrial capitalist
societies.
The values of a culture may change, but most remain stable during one person’s lifetime.
Socially shared, intensely felt values are a fundamental part of our lives. Values are often
emotionally charged because they stand for things we believe to be worth defending.
Often, this characteristic of values brings conflict between different communities or
societies or sometimes between different persons.
Most of our basic values are learnt early in life from family, friends, neighborhood,
school, the mass print and visual media and other sources within society. These values
become part of our personalities. They are generally shared and reinforced by those with
whom we interact.
Sources of Values
Generally, value has been taken to mean moral ideas, general conceptions or orientations
towards the world or sometimes simply interests, attitudes, preferences, needs, sentiments
and dispositions. But sociologists use this term in a more precise sense to mean “the
generalized end which has the connotations of rightness, goodness or inherent
desirability”.
These ends are regarded legitimate and binding by society. They define what is important
worthwhile and worth striving for. Sometimes, values have been interpreted to mean
“such standards by means of which the ends of action are selected”. Thus, values are
collective conceptions of what is considered good, desirable, and proper or bad,
undesirable, and improper in a culture.
There are several sources of values in the society. Some of the important sources of
values are as under:
1) Family sources- The most important source which influences the value system of
an individual is his family. Some values are inculcated in a person from the
childhood and remain in his mind throughout his life. The child rearing practices

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the parents adopt shape the personality of the human being. Family is the most
influential factor in the individual’s learning of social behavior, values and norms.
2) Social sources- Out of all the social sources of value inclination, school plays the
most important role in developing the value system of an individual. The child
learns the basic discipline from the school. Moreover, the interactions with the
teachers, classmates and other staff members in the schools and colleges make the
child inculcate values important to the teaching-learning process. Other social
sources which may develop values in the individual are Religious, Economic and
Political institutions of the society.
3) Personal sources- Personal traits such as intelligence, ability, appearance and
educational level of the person determine his development of values. For example,
if a person is highly intelligent, he will understand the values faster. If he is highly
educated, high values will be inculcated in him by his school and college.
4) Cultural sources- It includes everything that is learned and passed on from one
generation to another generation. Culture includes certain beliefs and other
patterns of behaviour. An individual is a participant in social culture, group
culture and organizational culture. Thus, he is known as a composite of many
cultural elements. Culture is based on certain implicit vales. For example, whether
a person is co-operative, friendly or hostile depends upon to which culture he
belongs to. Individual relationships are different in different cultures and within
certain groups of society also. Whether, the individual values are money making
or doing service to the mankind again depends upon his cultural background.
5) Religious sources- Individuals, generally, receive strength and comfort from their
religion. Religion comprises of a formal set of values which are passed on from
generation to generation. Advancement in technology has under viewed faith in
traditional religious beliefs and values.

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Types
Values can be classified into two broad categories:
(1) Individual values:
These are the values which are related with the development of human personality or
individual norms of recognition and protection of the human personality such as honesty,
loyalty, veracity and honor.
(2) Collective values:
Values connected with the solidarity of the community or collective norms of equality,
justice, solidarity and sociableness are known as collective values.
Values can also be’ categorized from the point of view their hierarchical
arrangement:
(1) Intrinsic values:
These are the values which are related with goals of life. They are sometimes known as
ultimate and transcendent values. They determine the schemata of human rights and
duties and of human virtues. In the hierarchy of values, they occupy the highest place and
superior to all other values of life.
(2) Instrumental values:
These values come after the intrinsic values in the scheme of gradation of values. These
values are means to achieve goals (intrinsic values) of life. They are also known as
incidental or proximate values.

Importance and functions of values:


Values are general principles to regulate our day-to-day behaviour. They not only give
direction to our behaviour but are also ideals and objectives in themselves. Values deal
not so much with what is, but with what ought to be; in other words, they express moral
imperatives. They are the expression of the ultimate ends, goals or purposes of social
action. Our values are the basis of our judgments about what is desirable, beautiful,
proper, correct, important, worthwhile and good as well as what is undesirable, ugly,

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incorrect, improper and bad. Pioneer sociologist Durkheim emphasised the importance of
values (though he used the term ‘morals’) in controlling disruptive individual passions.
He also stressed that values enable individuals to feel that they are part of something
bigger than themselves. Modem sociologist E. Shils (1972) also makes the same point
and calls ‘the central value system’ (the main values of society) are seen as essential in
creating conformity and order. Indian sociologist R.K. Mukerjee (1949) writes: “By their
nature, all human relations and behaviour are imbedded in values.”
The main functions of values are as follows:
1. Values play an important role in the integration and fulfillment of man’s basic impulses
and desires in a stable and consistent manner appropriate for his living.
2. They are generic experiences in social action made up of both individual and social
responses and attitudes.
3. They build up societies, integrate social relations.
4. They mould the ideal dimensions of personality and range and depth of culture.
5. They influence people’s behaviour and serve as criteria for evaluating the actions of
others.
6. They have a great role to play in the conduct of social life.
7. They help in creating norms to guide day-to-day behaviour.

Human Values: Meaning, Nature and Types


Meaning of Human Value:
Human values have been employed in so distinctively different ways in human discourse.
It is often said that a person has a value or an object has a value. These two usages have
been explicitly recognized by writers in various disciplines such as Charles Mortris in
Philosophy, Brevster Smith in Psychology and Roibin Williams in Sociology.
If one wants to know the origin of the term ‘VALUE’, it may be stated very firmly that
the term ‘VALUE’ comes from the Latin word ‘VALERE’ which means ‘to be of worth’.

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Whereas, the concise Oxford Dictionary defines the term VALUE’ as the ‘worth,
desirability or utility of a thing’.
In fact, it is difficult to define values, for they are as comprehensive in a nature as our
human life. Somewhere, some other dictionary states that Value is that which renders
anything useful, worthy or estimable. It is price, worth or importance of a thing’.
Value is a concept explicit or implicit distinctive of an individual or characteristics of a
group of those desirable traits which influence the selection from available modes and
ends of action. In fact value is an abstract term which is commonly regarded as an
economic conception. In the words of john Dewey value means primarily to price to
esteem to appraise to estimate. It means the act of cherishing something holding to clear
and also the act of passing judgment upon the nature and amount of its value as compared
with something else. According to Rokech value is an enduring belief a specific mode of
conduct or an end state of existence along continuum of relative importance. Values are
part and parcel of philosophy. Hence aims of education are naturally concerned with
values. All education is in fact very naturally value oriented. Each educational goal
whether origination in a person a family a community a school to an educational system
is believed to be good. Good is intended to mean here avoidance of bad.
If possible objective is not good then there is no reason for pursuing. But again, the
same question spurts out, and when the question ‘what is a value?’ spurts out; we know
something of its religion, philosophy and ideology.
The guiding social aims and beliefs which are regarded as the important aspects of
a culture, then, the different aspects of culture are also ‘valued’ by the people; and the
ideas lying behind which they think worthwhile, are called as VALUES! A value is a
preference as well as conception of the preferable. According to Kluckohn a value is a
conception of the desirable and not something “merely desired”.
Values are defined as something which are desirable and worthy of esteem for
their own sake. Human values are defined as those values which help man to live in
harmony with the world.

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Values that may be included in the general definition of human values are love,
brotherhood, respect for others including plants and animals honesty, sincerity,
truthfulness, non-violence, gratitude, tolerance, a sense of responsibility, cooperation,
self-reliance, secularism and internationalism.
The Shaver’s definition consists of three elements:
(i) Values are concepts, not feelings.
(ii) Values exist in the mind independently of self-awareness or public affirmation.
(iii) Values are dimensional rather than absolute categories.
Truly speaking, making an attempt to define the term ‘VALUE’ is really a
difficult task. Yet, we have, so far, come across many definitions given by the eminent
people. And, we now get one more definition as given by Paker which reads as follows
‘Value is the assuagement of desire”.
But Perry, interprets the term VALUE’ in terms of ‘interest’ or ‘object of interest’,
whereas R. M, Williams defines value as “mode of organising conduct” or “the principles
that guide human action”.
We have already seen that the term VALUE’ stands for ‘worth’. However, still
more perfectly, it may be said that the term VALUE’ stands for ‘intrinsic worth’.
Whatever is actually liked, prized, esteemed, desired, approved or enjoyed by any one, is
valuable. An interdependent, accepted or consistent set of value is called Value-System’.
Education is capable of developing strong and abiding values. At all times,
education has built on value-system, conducive to the development of physical,
intellectual, moral and spiritual life. In activates the latent capacities of the individual
enabling him or her to recognise ‘truth’, ‘duty’ and ‘goodness’.
One may go on adding lines after lines and write pages after pages about
VALUE’. But truly speaking, a full, detailed description of value and also value-
education would entail a study in itself.
There are corroborating findings by many researchers, and when we try to analyse
and then study the entire description of such researchers, one may come to the conclusion
that value is really a forceful tool for the cultivation of social good, and, values are the

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very essence of human life! It is that system which aspires the people for leading good
life.
With regards to this, it is better to quote a statement given by Radhakrishnan Commission
which runs as follows:
“If we exclude spiritual training in our institutions, we would be untrue to our whole
historical development”.

How can we practice all five human values in a practical way?

1. Truthfulness: speak honestly with co-workers and customers.


2. Righteousness: keep your agreements with your manager and co-workers, as well
as customers.
3. Inner Peace: practice equanimity, even in crises, in times of profit or loss, and in
times of praise or blame.
4. Love: listen generously and compassionately to others rather than being
judgmental.
5. Non-Violence: find win-win solutions to problems, rather than winning at
another’s expense.

The term ‘VALUE’ covers the entire domain of the development of integrated
personality through various- capacities such as:
(a) Values of health,
(b) Values of courage,
(c) Values of clarity,
(d) Values of honesty,
(e) Values like kindness, politeness etc.
It is the children who relish observing the habits of their peer group, their teachers, their
parents and then classify them into two groups Good and Bad. Their direction is always
roaming m the outer world. This habit pollutes their minds. By gathering the evils of

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others, the mind is transformed into a newspaper which prides itself on descriptions of
vice and wickedness.
Hence, children have to be saved from this malignant influence, and it is the teacher who
should be ever eager to cleanse their minds. Since mind is the only instrument available
for preserving and enhancing the genuine human qualities our students have to be taught
to desire the good and get themselves detached from bad.
If the mind is shattered, it is very difficult to reshape it into a whole. An iron plate when
broken into pieces can be welded into our piece. So the teachers have to strengthen the
minds of the students with good faith. Now, this can be well done by teachers in general
and a well-trained teacher (who has come out from a Teachers’ Training College) in
particular.
Hence, it is the responsibility of the teacher-educators to give proper training to their
pupil-teachers. The academic environment of today is not conducive to the young
generation. It is filled with vices.
Educationists have been labouring to work out suitable curriculum that would help
development of values in the unripe minds. The urgent need is therefore to give education
a ‘value orientation’ which has been well-recognised by all.
Values, can, after all, be caught and taught. When a boy wants to learn to ride a cycle, he
must undergo training. Elaborate lectures on ‘how to ride a cycle’ would never put him on
the saddle and help him move. So too is with values. They cannot be just taught by the
teachers.
But they could be inculcated by examples, by training and self-training. Values are
neither skills nor proficiencies to be developed on the same lines that has normally been
done for skill, proficiency development, etc. in the learners.
Here, once again it may be stated that Teachers’ Training Colleges have to teach this
aspect to the teacher-trainees so that when they actually enter into the teaching profession,
they will have a correct understanding as to how values can be brought into the process of
learning and academic curriculum.

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This is now entirely the responsibility of the teacher educators. It is felt, therefore, that the
main aim of the teacher-educators is to teach to their pupil-teachers about the values of
the present day world. In fact, the whole purpose must be value-teaching, and the need for
this can lever be overlooked. While every aspect of man’s life has values, education
having the greatest impact of man has the greatest value.
Therefore, the job of a teacher-educator should not be just to pump the knowledge in their
pupil- teachers from a vessel floating up in the air into empty vessels lying below!
Every attempt has to be a sincere attempt. It is rightly said:
Good teachers make good schools,
Good schools make good students,
Good students make good citizens,
Good citizens make good nation.
Hence, value-education and devoted teachers are the backbones of the entire education
system which can claim to prepare a complete man in the future.

Meaning of Moral Values – Moral values are set of principles which help us evaluate
what is good and what is bad!
Moral values are a set of some precious values which help us in becoming a good human
being. These values involve a lot of factors like morality, respecting others, helping
others, loving others, etc.
We can attain the right and virtuous behavior if we follow the moral values with complete
honesty. Reading moral stories is a good way to learn about moral values.
Also read: Importance of Moral Values in Student Life
Benefits of good Moral Values?

• When we love and respect others, when we work with honesty and when we do
ONLY what is right, we obviously transform ourselves into a better human being.
• Moral values help in shaping the character and personality of an individual.
Moral values also earn you respect.

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• Moral values are essential for human relationships at all the levels of life. Be it
our family, workplace or society, moral values are required everywhere in order to
work smoothly and in a cooperative manner.
• Moral values help us differentiate between good and bad, right and wrong. Hence,
the decision power of an individual gets improved, naturally.
• Moral values help you in finding out the true purpose of your life. Once we start
following the path of life through moral values, we start realizing the true purpose
our life. We become unselfish, dedicated, loving and caring for others.
• Moral values are set of principles guiding us to evaluate that what is right or
wrong. It builds the personal character, governs behavior and choices of a person
as well as helps his/her to justify decisions, goals, and actions all through the life.
Moral values are something that teaches us good virtues including honesty,
truthfulness, kindness, integrity, helpfulness, compassion, respectfulness, love,
respect for others, hard-work, co-operation, forgiveness, etc.
• Moral values should be taught to everyone especially the younger generations
from childhood by the parents at home and teachers in the schools. Future of any
student depends on the moral values imparted to him during the student’s life.
Thus, lessons regarding moral values should be well implemented and taught to
the students in school and colleges. Teaching those moral values in the schools
should not be neglected in any condition as it is not good for the individual,
society or country. How a person without knowing moral values can be able to
distinguish the differences between right and wrong. We have provided here some
simple and easy essays on various moral values topics to the students. You can
select any of the topics given below to get essays about what you have been
assigned for:
Classification of Values:
Values may be classified as:
1. Aesthetic Values
2. Social Values

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3. Moral Values
4. Spiritual Values.
1. Aesthetic Values:
Aesthetics is the study of values in the realm of beauty. Aesthetic values are those which
give people happiness and pleasure. Some philosophers opine that aesthetic values are
confined to the artistic excellence. Even then it is difficult to assess because they are
likely to be subjective and personal. A particular work of art may evoke different opinion
from different people. It is because there is no such universal standard or criterion to
validate aesthetic values.
2. Social Values:
Man is a social being. He lives in the society. He cannot be separated as independent
entity. Child develops social consciousness through active interaction with social
experiences. The society, in which he plans and prospers, has certain ideals, values,
behaviour, code and faith that influence the growth and mode of thinking of an individual.
To enjoy social values, he desires to promote an enjoy association with his family, friends
and community. Education can have significance only when it makes individual realize
his relationship with the society.
3. Moral Values:
Moral concerns to the principle of right ay wrong. It relates to some standard, code and
conduct. The values relating to the conduct of a person are called moral values. So moral
values refer to the behaviour of man towards man in the home, in society, in economic
fields and in the life of outside world. Generally, man is not born moral. He possesses
certain impulses. Education enables him to control these animal impulses through the
development of higher values of life, worthy interest, lofty ideals and noble ideas.
Moral values should be inculcated from very early childhood. At home, physical habits
and mental attitudes are formed in the children which lead to the development of moral
values. Good manners are important for cultivation of moral values. Good manners help
us to refine our behaviour by removing the harshness in our words.

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4. Spiritual values:
Moral values effect the relationship between man and man. Spiritual values effect the
individual in his relation with himself Man does not live by bread alone. He needs inner
peace and happiness. Not material things but spiritual values can provide him real solace
and pleasure in life.
The greatest tragedy is that our students getting education in school and colleges are
losing their higher ideals of life and they are living in a spiritual vacuum. If the aim of
education is self-realization, then the first towards its attainment will be to understand the
nature of the child and after correct scrutiny, try to know well his basic tendencies,
capacities and abilities.
After this educational activities and programmes should be so organised that the basic
capacities and abilities are developed to the fullest extent and the child is able to realize
his self completely.
Absence of spiritual values has caused damage to man beyond repair. Lack of spiritual
values has resulted in confusion, disaster, destruction, aggression, selfishness and hatred.
Education has to humanize the humanity. For this, spiritual values are to be imparted at
every level from the home to the culture, from the common school to the university, if we
at all need to see a better-world tomorrow.
Value Education:
Meaning, Objectives and Need
The very purpose and main function of education is the development of an all round and
well-balanced personality of the students, and also to develop all dimensions of the
human intellect so that our children can help make our nation more democratic, cohesive,
socially responsible, culturally rich and intellectually competitive nation.
But, nowadays, more emphasis is unduly laid on knowledge-based and information-
oriented education which takes care of only the intellectual development of the child.
Consequently, the other aspect of their personality like physical, emotional, social and
spiritual are not properly developed in providing for the growth of attitudes, habits,
values, skills and interests among the pupils. It is here that we talk in terms of value-

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education. A complete description of what value-education is, could entail a study in


itself.
There are corroborating findings, by many researchers. After analysing and studying the
descriptions (about value-education) of such researchers the definition of value-education
may be started as follows:
Value-education is a many sided endeavour and in an activity during which young people
are assisted by adults or older people in schools, family homes, clubs and religious and
other organisations, to make explicit those underlying their own attitudes, to assess the
effectiveness of these values for their own and others long term well-being and to reflect
on and acquire other values which are more effective for long term well-being.
Value- education, is thus concerned to make morality a living concern for students.
Hence, what is needed is value-education. Despite many educators and educationists
description regarding value-education, it cannot be denied that continuing research will
continue to making the description of value- education more adequate.
According to C. V. Good “Value-education is the aggregate of all the process by means
of which a person develops abilities, attitudes and other forms of behaviour of the
positive values in the society in which he lives.”
Objectives of Value-Education:
Traditionally the objectives of value-education were based on religion and philosophy.
There was no secular value-education; but in today’s modern world, this has been taken
as very much essential.
Accordingly, the objectives for value-education may be taken up as follows:
1. Full development of child’s personality in its physical, mental, emotional and spiritual
aspects,
2. Inculcation of good manners and of responsible and cooperative citizenship.
3. Developing respect for the dignity of individual and society.
4. Inculcation of a spirit of patriotism and national integration.
5. Developing a democratic way of thinking and living.
6. Developing tolerance towards and understanding of different religious faiths.

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7. Developing sense of brotherhood at social, national and international levels.


8. Helping pupils to have faith in themselves and in some supernatural power that, is
supposed to control this universe and human life.
9. Enabling pupils to make decisions on the basis of sound moral principles
10. Evolving the evaluation criteria on value-education.
11. Suggesting measures for better utilisation of value-education.
12. Finding out the interests of pupils in relation to different aspects and activities of
value-education.
13. Clarifying the meaning and concept of value-education.
Need For the Inculcation of Value-Education:
Again and again, like a boomerang, the question that bursts out is “where have the values
gone?’ While making an attempt for answering this question, one notices a conscious and
conspicuous shifts in the latter-day educational philosophy from a cognitive to kinetic
development of the pupil.
A wide range of values of moral, aesthetic and social nature that have evolved during the
marathon march of the human civilisation is posing before us a crisis of priorities: which
of these values is to be cultivated and what is the appropriate stage of doing so?
Hence, the issue becomes all the more jumbled when it comes to fixing up of the
responsibilities: who is to inculcate values? — parents, leaders, the affluent, the business
tycoons, thinkers, artists, teachers? The easy and obvious answer is — “the teacher is the
prime inculcator of values because the young are under his or her formal care”.
Whatever may be the answer! Really speaking, it is not enough just to know about values,
because values have to be practiced. Our country is undergoing radical, social changes.
So, the students who are the future citizens of tomorrow have to be oriented to respond to
and adjust with these social changes satisfactorily by equipping them with desirable skills
and values.
The Modern India has committed to the guiding principles of socialism, secularism,
democracy, national integration and so on. These guiding principles should be
emphasised in the educational system and suitable value; are to be included in the

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students for promoting equality, social justice, national cohesion and democratic
citizenship.
With these aims in view, radical reforms in the present lop-sided education are to be
introduced and all attempts need to be made for developing well-integrated personalities
for our individuals. Hence, the need for inculcating desirable values.
India is known for its rich cultural and spiritual heritage, and the need for a value-system
through education has been felt and recognised through centuries. Value system play an
important role in any decision making process. In fact, every human action is the
reflection of personal and social values.
Modern age of science and technology has created many evils. Violence, immorality,
egoism, self-centeredness, frustration are rampant everywhere. The world has already
experienced the horrors of modern wars during WORLD WAR I and II.
It has been the victim of passions and evils like violence, jealousy, national superiority
and arrogance. That is why, in spite of wonderful, scientific achievements the world is a
place of violence, gloom and unease.
In the midst of material prosperity, a large section of humanity is under the grip of
immorality, poverty and corruption. Thus, man has been the monarch of entire world.
Now, such unsatisfactory situations have arisen due to crises of values.
Hence, inculcation of desirable values in the student is felt essential to find out the
answers to such questions as:
a. What exactly is the wrong thing that is existing in today’s entire educational system?
b. How can international harmony and peace be promoted?
c. How can social justice and also fellow-feeling be ensured in the modern world?
d. Which things can be considered to be the most important causes for the outburst of
crises that is seen or witnessed by all of us today?
e. How can mankind carve out for itself a preferred future of peace and prosperity? etc.
The Kothari Commission has very rightly observed “the expanding knowledge and
growing power which is places at the disposal of modern society must, therefore, be

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combined with the strengthening and deepening of the sense of social responsibility and a
keener appreciation of moral and spiritual values”.
Now, looking at today’s situation which is developing very fast, it is equally important for
us to give a proper value-orientation to our educational system. Hence, after India gained
Independence, continued attempts have been made for inculcation of right values in the
students at different stages of education.
Accordingly, the National Conference On Minimum Curriculum Standards for primary
stage organised by NCERT (National Council For Educational Research and Training) in
July 1970, emphasized the importance of inculcating in the students moral and spiritual
values which form a part of our culture viz., honesty, kindness, charity, tolerance,
courtesy, sympathy and compassion.
The National Seminar on Primary and Work-oriented Education organized by NCERT in
November, 1976, in the context of International Education Year recognized the relevance
and importance of the Gandhian Values in reforming education.
Dr. M. T. Ramji, in his book entitled as ‘VALUE ORIENTED SCHOOL EDUCATION’
has mentioned that in the context of modern India which is moving towards
industrialization and technology, we need education that is based on spiritual, moral and
social values.
According to him, the important spiritual, moral and social values which form part
of the Indian Cultural Heritage are:
1. Courage
2. Truth
3. Universal love
4. Respect for all religions
5. Dignity of manual work
6. Service
7. Purity
8. Courtesy
9. Peace and

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10. Joy
All these values are to be taught in Primary and Secondary Schools and it is imperative on
the part of the teachers as well as teacher educators to understand the school situation and
also the potentialities of school activities in promoting the values in schools.
In a paper entitled— “EDUCATION IN THE FIFTH YEAR PLAN, 1974-
79”, brought out by the Ministry of Education and Social Welfare, Government of India, t
is pointed out — ‘Perhaps, the most significant need of hour is to transform the
educational system with a view to cultivating the basic values of humanism, democracy,
socialism and secularism….’
It is in the above quoted context, it may be stated firmly that the teachers, teacher-
educators and administrators should try their best to promote value-oriented education in
schools. Hence, it is essential to generate adequate awareness among the people through
mass media as well as different types of school organisations.
The schools can definitely play an important role in inculcating desirable values in the
pupils through effective organisation of different, curricular and co-curricular
programmes. Now, such a task must necessarily be the joint responsibility that is to be
shouldered by all teachers and not just the assigned duty of one or two teachers.
Such “a growing concern over the erosion of essentials and an increasing cynicism in the
society has brought to focus the need for readjustments in the curriculum in order to make
the system of education a fore full tool for cultivation of social and moral values”.
According to Bertrand Russell, “Broadly speaking, we are in the middle of a race between
human skills as to means and human folly as to ends. The human race has survived owing
to ignorance and incompetence, but given knowledge and competence combined with
fully, there can be no certainty of survival. Knowledge’s is power for evil as much as for
good. It follows that, unless men increase in wisdom as much as in knowledge, increase
of knowledge will be increase of sorrow.”
Love, compassion, sympathetic joy and even mindedness have obviously an unbalanced
scope like wisdom and require a long, strenuous training and dedication of creative
imagination and intuition. Such training in the East has been both emotional and

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intellectual. In the West, little attention has been paid to the cultivation and training of
moral feeling, imagination and intuition.
In countries where there was but one official religion, the church, temple or mosque could
provide the necessary authority to impose a common moral code on schools. But in most
countries there are number of religions and cultures which, from time to time may have
come into conflict. To assume peace and national unity, mostly countries have established
secular public education system.
Our population during the Post-Independence period has increased in terms of culture and
religion; slowly we are beginning to see the richness and diversity of cultures, which is an
asset to our nation, and to understand that diversity is valuable in its own right.
Thus, we see on the one hand in the history of education the demand for an education
which aims at developing social cohesion and respect for common values, but on the
other, an education that is respectful of the dignity of every individual and every cultural
identity. But the question is — “Can education promote unity in diversity, and if so,
how?”
And — Mahatma Gandhi, long ago has answered — “I do not want my house to be
walled in on all sides and my windows to be stuffed. I want the culture of all the lands to
be blown about my house as freely as possible. But I refuse to be blown off my feet by
any”. GandhiJI remained an inspiration to all who wanted to support a vision of unity. He
had understood the value of cultural diversity.
Today, we all are living such a society where we find anxiety-stricken parents, frustrated
jobless degree holders, teachers strikes, dowry deaths, attraction of students towards
private coaching classes, inability of our teachers to keep control over the overcrowded
classes, etc. etc.
On account of the said circumstances, there is very much a strongly felt need to develop
value-education policies and programmes which will seek to eliminate all types of
discrimination in education.
For this a planned action will be such where rights of minorities will be taken care of,
where intellectual understanding will be promoted, where there will be tolerance for other

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religions. It is better to state in one sentence that we need to place the melting pot model
by a mosaic, rich in diversity but nonetheless having a clear unifying pattern based on
‘global ethics’.
The matter that has been discussed so far, brings out adequately the need for value
education which will lead to the regeration of values that have been lost in the process of
search of knowledge, power and material progress during this century and preceding
ones.
It is because of this, it seems, Kothari Commission has rightly stressed — “A National
System of Education that is related to life, needs and aspirations of the people cannot
afford to ignore this purposeful force — viz. VALUE”.
The National Policy on Education of 1986 has very strongly recommended the need
for value-education due to the following reasons:
1. Tremendous advance in science and technology’ has resulted in a complete change in
the lifestyle of the people.
2. Science and technology is being used to produce weapons of mass destruction
endangering the very existence of the human race instead of using it for the betterment of
human life.
3. Erosion of traditional values.
4. Life in the future is going to be faster and more complex. The student of today have to
face such moral situations in future, in which, instead of depending on others, they may
be required to take their own decision.
5. The present youth has special problems. It has started to question the conduct of elders
— especially political leaders. They do not see the relevance of the values preached.
The above discussion stresses again and again the importance of the need of value-
education. Value-education involves exposing students to a whole series of values in their
complete totality. I helps to bring about an improvement in the child’s thoughts, ideas
attitudes, interests, emotions, sentiments, personality and character.
Really speaking, value-education influences all aspects of a person’s growth and
development. Thus, value- education consequently, is an integral part of education which

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cannot be separated from the educational process. Value-education has to be placed,


therefore, at the centre of the educational endeavour.
Schools should be induced to create a climate of values which should run various
activities and would be conducive to the promotion of values among students, teachers,
parents and educational administrators. Programmes of value- education should
incorporate values of integral personality in all its dimensions — physical, vital,
intellectual, aesthetic, ethical and spiritual.
The question now jumps up — How exactly the implementation of such value-education
could be done in schools and what are the various activities to be undertaken in different
classes? The process of valuing is what we go through when we make judgement about
things, events and people that we encounter in our day-to-day life.
SPIRITUAL DEVELOPMENT
The Education Reform Act refers to a dimension of human existence which is termed the
'spiritual' and which applies to all pupils. The potential for spiritual development is open
to everyone and is not confined to the development of religious beliefs or conversion to a
particular faith. To limit spiritual development in this way would be to exclude from its
scope the majority of pupils in our schools who do not come from overtly religious
backgrounds. The term needs to be seen as applying to something fundamental in the
human condition which is not necessarily experienced through the physical senses and/or
expressed through everyday language. It has to do with relationships with other people
and, for believers, with God. It has to do with the universal search for individual identity -
with our responses to challenging experiences, such as death, suffering, beauty, and
encounters with good and evil. It is to do with the search for meaning and purpose in life
and for values by which to live.

There are many aspects of spiritual development.

o Beliefs - The development of personal beliefs, including religious beliefs; an


appreciation that people have individual and shared beliefs on which they base

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their lives; a developing understanding of how beliefs contribute to personal


identity.
o A sense of awe, wonder and mystery - Being inspired by the natural world,
mystery, or human achievement.
o Experiencing feelings of transcendence - Feelings which may give rise to belief
in the existence of a divine being, or the belief that one's inner resources provide
the ability to rise above everyday experiences.

Search for meaning and purpose - Asking 'why me?' at times of hardship or suffering;
reflecting on the origins and purpose of life; responding to challenging experiences of life
such as beauty, suffering and death.

o Self-knowledge - An awareness of oneself in terms of thoughts, feelings,


emotions, responsibilities and experiences; a growing understanding and
acceptance of individual identity; the development of self-respect.
o Relationships - Recognising and valuing the worth of each individual; developing
a sense of community; the ability to build up relationships with others.
o Creativity - Expressing innermost thoughts and feelings through, for example,
art, music, literature and crafts; exercising the imagination, inspiration, intuition
and insight.
o Feelings and emotions - The sense of being moved by beauty or kindness; hurt
by injustice or aggression; a growing awareness of when it is important to control
emotions and feelings, and how to learn to use such feelings as a source of
growth.
Most people can relate to these things, but they differ in their interpretation of them and
in the meaning they ascribe to them. Some people attribute these experiences and feelings
to physical, sociological or psychological causes. Others find explanations for them in the
teachings of their religion and indeed there is evidence to suggest that the majority of
people in Britain have some belief in God.

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Spiritual development in an educational context

Spiritual development is an important element of a child's education and fundamental to


other areas of learning. Without curiosity, without the inclination to question, and without
the exercise of imagination, insight and intuition, young people would lack the motivation
to learn, and their intellectual development would be impaired. Deprived of self-
understanding and, potentially of the ability to understand others, they may experience
difficulty in co-existing with neighbours and colleagues to the detriment of their social
development. Were they not able to be moved by feelings of awe and wonder at the
beauty of the world we live in, or the power of artists, musicians and writers to
manipulate space, sound and language, they would live in an inner spiritual and cultural
desert.

The notion that pupils will develop spiritually raises the expectation that this is an area in
which pupils can make progress. Whilst not advocating a model of linear progression, the
steps to spiritual development might include:

o Recognising the existence of others as independent from oneself;


o Becoming aware of and reflecting on experience;
o Questioning and exploring the meaning of experience;
o Understanding and evaluating a range of possible responses and interpretations;
o Developing personal views and insights;
o Applying the insights gained with increasing degrees of perception to one's own
life.

MORAL DEVELOPMENT

Moral development, like spiritual development, cannot be defined by one simple


statement. It involves several elements.

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o The will to behave morally as a point of principle - This attitude is fundamental


to moral development.
o Knowledge of the codes and conventions of conduct agreed by society - both
non-statutory and those prescribed by law.
o Knowledge and understanding of the criteria put forward as a basis for
making responsible judgements on moral issues.
o The ability to make judgements on moral issues - as they arise by applying
moral principles, insights and reasoning.
A moral issue is one which involves people in making a decision on the basis of what is
right and wrong. The decision will often require actions which, it is hoped, will promote
goodness and minimize evil. Children need to know the difference between right and
wrong although very young children will often not distinguish between the contexts in
which words such as 'right' and 'wrong' are used. Sometimes for example, the word
'wrong' will refer only to socially unacceptable behaviour (it's wrong to poke your tongue
out), while at other times a moral absolute is involved. Nevertheless, children need to be
introduced from an early age to concepts of right and wrong so that moral behaviour
becomes an instinctive habit.

Personal morality combines the beliefs and values of individuals, those of the social,
cultural and religious groups to which they belong, and the laws and customs of the wider
society. Schools should be expected to uphold those values which contain moral
absolutes.

School values should include:

o telling the truth;


o keeping promises;
o respecting the rights and property of others;
o acting considerately towards others;
o helping those less fortunate and weaker than ourselves;

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o taking personal responsibility for one's actions;


o self-discipline.
School values should reject:

o Bullying;
o Cheating;
o Deceit;
o Cruelty;
o Irresponsibility;
o Dishonesty.
Young children rarely have the ability or experience to make their own decisions as to
what is right and wrong. Therefore they should grow up knowing which of these things
are acceptable and which are not. Young people will inevitably question why things are
as they are, and will test the boundaries as did previous generations. But there need to be
boundaries - some form of value system which provides the help and support to enable
children to come to their own judgments.

In addition to absolute values such as these, children become aware as they grow older
that life constantly throws up situations where what is right or wrong is not universally
agreed. Society permits, even if it does not promote, a range of behaviour which is
considered wrong by some, often many, of its members. Examples would include
drinking alcohol, smoking and gambling as well as divorce, abortion and what are called
blood sports. Pupils have to make up their own minds on these and other issues, some of
which will arise as part of the planned curriculum and some as a result of immediate
events. The task of schools, in partnership with the home, is to furnish pupils with the
knowledge and the ability to question and reason which will enable them to develop their
own value system and to make responsible decisions on such matters.

Moral development in an educational context

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Moral development in schools builds on the child's experience in the home. There needs
to be an insistence that pupils behave in an acceptable fashion towards staff and towards
each other. All schools have rules about these matters with sanctions to ensure that they
are observed. These rules provide an early opportunity for pupils to become aware of and
accept that an effective and just society is based on the assumption that certain rules are
acceptable to a wide range of individuals. Pupils learn that there are consequences for
themselves and others of infringing the rules of the community. As they get older, pupils
should come to an understanding of why rules are important, and should act upon them
from conviction, rather than simply from fear of getting into trouble. Pupils also learn the
more difficult lessons: that rules are interpreted differently by different people, that
sometimes allowances are made for people who break rules and sometimes not.

Morally educated school-leavers should be able to:

o distinguish between right and wrong;


o articulate their own attitudes and values;
o take responsibility for their own actions;
o recognise the moral dimension to situations;
o understand the long and short-term consequences of their actions for themselves
and others;
o develop for themselves a set of socially acceptable values and principles, and set
guidelines to govern their own behaviour;
o recognise that their values and attitudes may have to change over time;
o behave consistently in accordance with their principles.

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ROLE OF SCHOOL IN PROMOTING SPIRITUAL AND MORAL


DEVELOPMENT?

There are three areas of school life in which opportunities arise for spiritual and moral
development. They are the ethos of the school, all subjects of the curriculum and
collective worship.

The ethos of the school reflects the values and attitudes which characterise the
community, the atmosphere of the school, the quality of relationships, and the way in
which the school helps pupils to deal with conflict, loss, grief or difficulties. The ethos of
the school reflects the values which the community intends to promote. These values
determine behaviour throughout the school and particularly in the classroom. Every
school claims to value academic excellence and achievement of potential. Therefore
expectations governing classroom behaviour should be directed towards provision of a
positive working environment. Probably all schools state that it is their aim to develop in
young people a sense of respect for others regardless of race or creed. Therefore they
should treat with sensitivity the views of people in the school who express their
spirituality in the terms of different religious traditions. Schools should also be aware of
the religious backgrounds of their pupils and should be sensitive in their response to
pupils who have a religious faith.

The knowledge and understanding essential to both spiritual and moral development, and
the ability to make responsible and reasoned judgements should be developed through all
subjects of the curriculum. In most aspects of the curriculum pupils should encounter
questions about the origins of the universe, the purpose of life, the nature of proof, the
uniqueness of humanity and the meaning of truth. They should be encouraged to reflect
on the possibility of certainty, and to question the often exaggerated view of the
infallibility of science as the only means of understanding the world, and the equally
exaggerated view of the inadequacy of religion and philosophy. Moral issues will arise,
for example, in science (issues of life and death), geography (environmental issues) and

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history (development of tolerance). In particular, schools should ensure that all pupils
receive Religious Education which promotes spiritual and moral development in the light
of the teachings of the great world religions. For schools teaching an agreed syllabus in
line with ERA, most attention should be given to Christianity which has contributed so
forcibly to the spiritual and moral values of this country whilst also introducing pupils to
the other major religions in our community.

Religious Education has a particularly important part to play in pupils' spiritual and moral
development. Most Agreed Syllabuses require pupils to be challenged by the ultimate
questions of life and death such as, 'Who am I?', 'What's wrong?' 'What's the remedy?',
'Are there absolutes of right and wrong?' Pupils should be encouraged to address such
questions elsewhere in the curriculum, but it is in Religious Education where they should
be explicitly required to do so. They must be free to respond to such questions or not, and
their response cannot be pre-determined. However, informed responses to such questions
can only be made in the light of knowledge and understanding of the wisdom of others.
Pupils should be challenged by hearing the claims to truth offered by people with a
different religious or philosophical perspective on life. The spiritual and moral
development of pupils implies the need for a variety of learning experiences which
provide opportunities for pupils to:

o discuss matters of personal concern;


o develop relationships with adults and peers;
o develop a sense of belonging to a community;
o be challenged by exploring the beliefs and values of others while deepening their
knowledge and understanding of their own faith or beliefs;
o discuss religious and philosophical questions;
o understand why people reach certain decisions on spiritual and moral issues, and
how those decisions affect their lives;
o experience what is aesthetically challenging;
o experience silence and reflection.
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Collective worship should offer pupils opportunities to explore and share beliefs;
consider the importance of prayer, meditation and silence; consider the relevance of ideas
and beliefs to their own lives; think about the needs of others and develop a sense of
community; and appreciate the importance of religious beliefs to those who hold them.
Collective worship also offers an opportunity to re-affirm, interpret and put into practice
the values of the school. It provides a time to celebrate the various achievements of
members of the community that are held to be of worth.

Value-Oriented Education in India


Life is, day by day, becoming complex and complicated. Crisis in character and loss of
values are reflected now in every sphere of human life. Standards of moral and social life
of our people are gradually declining. The norm of family, society, politics, professional
ethics, secularism, democracy etc. is going down and coming under strain.
Wide-spread disturbance, chaos, confusion and dislocation in life have become common
phenomena. Belief in higher ideal is no more found. Corruption is rampant. Contradiction
in living is the order of the day. We well-realize the deteriorating conditions of the system
of values and ethics in our daily life.
Different Commissions and Committees in our country have expressed their deep concern
over the declining hold of values in human life and they emphasized on providing value-
oriented education. The NPE, 1986 has categorically stated, “The growing concern over
erosion of essential values has brought to focus the needs for readjustment in the
curriculum in order to make education of forceful tool for the cultivation of moral and
social values.”
Meaning:
Values signifies that quality of an individual or things which makes that individual or
thing important, respectable and useful. But from philosophical or educational point of
view, values signifies neither a thing nor an individual, but a thought or a point of view.
As such, anything which is useful to an individual becomes valuable to him.

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From this point of view, values refer to objects that we cherish or desires and consider
them desirable and worthy of acquisition. These may be material objects like food,
clothing, shelter etc. and abstract qualities and ideas like truth, beauty, goodness, peace,
happiness etc. These values have intrinsic worth for human beings.
Education has the greatest value. It is concerned with values that satisfy the designs,
wants and aspirations. Educational values are related to those activities which are good,
useful and valuable from the point of view of education.
According to Adams, Education is bi-polar process which has two parts:
(a) The teacher and
(b) The child.
The teacher employs various strategies to achieve the desired change in the child in order
to modify the behaviour of the child. He performs all those activities, because he thinks
them as valuable for the purpose in view. In the same manner the child participates only
in those activities which he considers useful and valuable to him. And educational values
become aims of education.

Need and Importance of Value-Oriented Education:


Many people believe that only remedy for all maladies in the society, is the generation of
high ideals and values in man. For this, education can serve the purpose best. If the future
is to be saved from colossal crisis, value-oriented education to children is the best
possible way.
Tremendous explosion of knowledge in science and technology has changed the life-style
of people. Peace and tranquility in mind is no more found. The world today faces a
catastrophe threatened with global nuclear holocaust due to the invention of deadly
weapons. In this circumstance, awakening of moral consciousness is need of the hour.
It would enable the youths to learn to use science and technology for peace and prosperity
of mankind. So value Education should find a place in the curriculum for the
development of human consciousness.

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In order to live happily in the complex and complicated society, a sense of self-
confidence and pride is essential for an individual. So de-culturasation, de- humanisation
and alienation should by all means be avoided. Therefore, immediate efforts must be
made through education to develop values in the students for realisation of their full
potential and to develop self-confidence.
Different problems in youth are increasing day by day. Although they learn many good
values and qualities from their books and learn from their teachers, but in practical field
they have little relevance. So they become frustrated and have lost faith in society. Many
youths are now addicted to drugs and intoxicants.
Therefore, it is highly essential to inculcate good values in the youths in order to help
them to adopt right life pattern. In the circumstances stated, there is a clarion-call of
drastic change in the very outlook of man. So education as an organised system, can help
to develop moral, aesthetic, scientific and spiritual values in education.
Educational Strategies for Value-Oriented Education:
Aims and Objectives:
1. To develop total personality.
2. To make the child aware of the right values, to feel the proper emotions and to
internalize values in words and deeds.
3. To develop in children moral, aesthetic, cultural and spiritual values.
4. To enable the students to understand and appreciate the values of democracy,
secularism, equality & scientific attitude.
5. To develop in child the habits like truthfulness, tidiness, punctuality, honesty etc.
6. To develop character and morality in children.
7. To encourage the students to become progressive and responsible citizens in their
personal and social life.
8. To make them liberal in thought and practice.
9. To enable them to rise above prejudices based on religion, language, caste and sex.
10. To develop right attitude towards self, society, religions etc.

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Methods of Imparting Value – Oriented Education:


Different methods have been adopted and suggested by different people for inculcating
values. Considering all the techniques, we can categories all these broadly into three;
namely.
(a) Direct Method
(b) Indirect Method
(c) Informal or incidental method.
(a) Direct Method:
It means that value education should be imparted directly to the students in the classroom.
It emphasizes on systematic, planned and deliberate instruction in different value to
children. For this, separate periods are allotted in the time-table. In the class-room, the
teacher can explain, discuss and illustrate values through stories, biographies of great
men, moral dilemmas, real life situations. Here students get ample opportunities to have
direct interaction with the teacher.
(b) Indirect Method:
Value education can be imparted indirectly through existing curricular and co-curricular
activities without separating the period in the time-table.
(i) Curricular activities:
All the prescribed text-books are reservoirs of values. Values are inherently woven in all
subjects. Values like free enquiry, scientific temper, commitment to truth etc. can be
developed in children through teaching of science. In geography, values like appreciation
of diversities, interdependence of people of various regions etc. can be taught. In teaching
of mathematics, logical thinking, precision and neatness can be developed. SUPW
programmes in school develop work value and love for manual work.
(ii) Co-curricular activities:
Values like co-operation, team- spirit, fellow-feeling, tolerance; democratic living,
secularism etc. are cultivated through proper organisation of different co-curricular
activities. Games sports NCC, NSS, Red Cross, Boy Scouts, Girl guides. Field trips,

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Study-tour, Hiking etc. provide ample opportunity to boys and girls to come nearer to the
pursuit of common goals and higher values.
Through organisation of picnic and feast, students should be explained about values of
good food and how to keep utensils neat and clean. National days, festivals of India,
anniversaries of great-men of India, develop value of national integration.
Different co-curricular activities generate value consciousness potential through actual
living and doing. Moreover, conducive and congenial school environment radiate values
in children. Good school setting, dedicated and ideal teacher, cordial relation between
teacher and taught, management and employees, parents and teachers, good school
community relation-in a word the ethos of the school, can help generate values in
children.
Role of Teacher:
Role of teacher is very significant in cultivating moral, social and spiritual values in
children. The ideal personality of the teacher is very much influencial on moral
development of the students. Teacher is considered as friend, philosopher and guide. So
teacher’s personal activities and behaviours have tremendous bearing on students.
That is why, the teacher should establish and maintain clear standards of behaviour and
encourage his pupils to behave towards himself, towards one another and towards the
entire community in a desirable way.
Most of the practical programmes suggested for inculcation of social, moral and spiritual
values in children depend on the sincerity and resourcefulness of teacher in the process of
implementation. Therefore, the duty of the teacher is to see that all activities and
programmes are undertaken in true spirit and directed towards the goal.
Teacher is a model to the pupil. In past the teacher was regarded as preceptor, the pupil as
disciple. Teacher, through his noblest activities and exemplary services influenced the
personality of the child. Teacher’s personality should be ideal to make the child pay him
utmost reverence. Teacher is the embodiment of Brahma, Bishnu and Maheswar.
In the process of inculcation of democratic, social, moral and spiritual values in
education, the role of the teacher cannot be neglected at all. Thus, the teacher through

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different activities like instruction, rapport and organisation of curricular and co-
curricular activities will be able to instill value-consciousness in children.

Role of School and Teachers in Inculcation of Values


In ancient societies, religion had a dominating influence in every sphere of human
activity. Result was, the content of education was more or less religious in nature. Besides
mental training, moral training was emphasized to a great extent. Learners had to undergo
rigorous character training and value-education during their stay in Gurukuls or Ashrams.
Much stress was on spiritual development of the teachers. Thus, The Entire Education
System Was Primarily Value Oriented! But as the days passed by, there was a gradual
erosion of values and the so-called modern education entered inside the modern world.
Character training and value-education started getting ignored. Materialism, cutthroat
competition, influence of Western Culture, etc. contributed a lot which resulted in all
kinds of value-crisis.
Newspapers were full of news like rape of minor children, kidnapping, forgery, gang-rape
of girls/women, thefts, murder, killing of brides for dowry, etc. Vices like drinking,
drugging, gambling etc. are now on increase. Thus, by all such quoted facts it is seen that
a factor called ‘CONTENTMENT’ has started losing the ground! Corruption has entered
in all walks of life.
Based on the above quoted facts one can understand the strong need for the education in
human values. The process of inculcating values must start right from the primary
education level. In other words, Education in Human Values need to be incorporated as
an integral component of the entire educational system.
After all this discussion, the question that now jumps up like a boomerang is “What is
vale?” Literally, value means something that has a price, and is precious. In a given
situation, a person may have a number of alternative responses. However, he or she
chooses one which is guided by his or her values.
A value is an emotional attitude which motivates a person directly or indirectly to act in
the most desirable way preferred by him or her. Without values, one floats like a piece of

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drift wood in the swirling waters of a river. Values control and guide human behaviour.
Value is a norm. It is an abiding goal. For progress, values are needed. In our philosophic
tradition, we come across the widely accepted concept of value

Role of Education in Realizing the Values


The prime concern of education is to evolve the good, the true and the divine in man so as
to establish a moral life in the world. It should essentially make a man pious, perfect and
truthful. The welfare of humanity lies neither in scientific or technological advancements
nor in acquisition of material comforts. The main function of education is to enrich the
character. What we need today more than anything else is moral leadership founded on
courage, intellectual integrity and a sense of values. Since education is a powerful
instrument of social change and human progress, it is also a powerful tool to cultivate
values in an individual. Therefore all the educational institutes have greater responsibility
to impart learning and cultivation of values through education. For inculcating values
many educationists have suggested different ideas such as:
i) Promoting selflessness, cooperative spirit, spirit of sharing.
ii) Developing self-respect, awareness of self-growth, one’s uniqueness,
self-confidence.
iii) Cultivating respect for property, one’s own and that of other.
iv) Understanding the contribution of home towards the physical,
emotional, cultural and spiritual development of young people.
v) Imparting clear direction on cleanliness, punctuality, use of refined
language, courtesy, proper manner, respect for elders.
vi) Knowing of surroundings –visiting slums, villages, hospitals,
orphanages, old people’s homes.
vii) Becoming aware of the need of the others.
viii) Promoting civic scene, awareness of oneself as a member of a
community, civic duties.
ix) Awareness of one’s strength and weakness, and also those of others.

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x) Love of friends, classmates, and the not so fortunate.


xi) Seeking to realize one’s potentialities and talents, disciplined learning in
academics, sports, cultivating the scientific temper.
xii) Independent thinking, not blindly following others.
xiii) Exposure to great personalities.
xiv) Knowledge of the Constitution, rights, and duties.
xv) Knowing the provision to promote human dignity and justice,
patriotism, national integrity, international understanding.
xvi) Protection of environment.
xvii) Dissemination of cultural heritage.
xviii) Modifying human behavior through values.
xix) Knowing one’s village/city, state, country.
xx) Promotion of equality and justice for all the citizens.
xxi) Prayer of various religions.
xxii) Awareness of good point in other religions.
xxiii) Appreciating the useful views of others and their cultural
traditions.
xxiv) Propagation of value philosophy.

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UNIT IV

LESSON NO: 04 Human Rights and Fundamnetal Rights

Introduction:
After the Universal Declaration of Human Rights by the UN General Assembly on
December 10, 1948, the concept of Human Rights assumed a signifzcance of its own
though earlier than this, International Labour Organisation in 1920 also initiated the
Conventions on the rights of workers to form unions and organisations, abolition of
forced labour and right to collective bargaining.
The UN Charter in 1945 affirmed faith in the fundamental human rights and appointed a
Commission on Human Rights under Mrs. E. Roosevelt. This declaration was the
outcome of the latter’s deliberations A.A. Said aptly remarked “The concept of Human
Rights may be difficult to define but impossible to ignore”. The Human Rights are
concerned with the dignity of the individual—the level of self esteem that secures
personal identity and promotes human community.
The human rights as proclaimed by the UN Assembly find their origin in the concept of
natural rights as espoused by political philosophers like Locke and Paine. Vincent holds
“Human rights are the rights that everyone has and everyone equally by virtue of their
very humanity. They are grounded in our appeal to human nature “.

Human rights are commonly understood as being those rights which are inherent in the
mere fact of being human. The concept of human rights is based on the belief that every
human being is entitled to enjoy her/his rights without discrimination. Human rights
differ from other rights in two respects. Firstly, they are characterised by being:
▪ Inherent in all human beings by virtue of their humanity alone (they do not
have,e.g., to be purchased or to be granted);
▪ Inalienable (within qualified legal boundaries); and

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▪ Equally applicable to all.


Secondly, the main duties deriving from human rights fall on states and their authorities
or agents, not on individuals.
One important implication of these characteristics is that human rights must themselves
be protected by law (‘the rule of law’). Furthermore, any disputes about these rights
should be submitted for adjudication through a competent, impartial and independent
tribunal, applying procedures which ensure full equality and fairness to all the parties, and
determining the question in accordance with clear, specific and pre-existing laws, known
to the public and openly declared.
The idea of basic rights originated from the need to protect the individual against the
(arbitrary) use of state power. Attention was therefore initially focused on those rights
which oblige governments to refrain from certain actions. Human rights in this category
are generally referred to as ‘fundamental freedoms’. As human rights are viewed as a
precondition for leading a dignified human existence, they serve as a guide and
touchstone for legislation.
The specific nature of human rights, as an essential precondition for human development,
implies that they can have a bearing on relations both between the individual and the
state, and between individuals themselves. The individual-state relationship is known as
the ‘vertical effect’ of human rights. While the primary purpose of human rights is to
establish rules for relations between the individual and the state, several of these rights
can also have implications for relations among individuals. This socalled ‘horizontal
effect’ implies, among other things, that a government not only has an obligation to
refrain from violating human rights, but also has a duty to protect the individual from
infringements by other individuals. The right to life thus means that the government must
strive to protect people against homicide by their fellow human beings. Similarly, Article
17(1) and (2) of the ICCPR obliges governments to protect individuals against unlawful
interference with their privacy. Another typical example is the Convention of the
Elimination of All Forms of Racial Discrimination (CERD), which obliges states to
prevent racial discrimination between human beings. State obligations regarding human

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rights may involve desisting from certain activities (e.g.,torture) or acting in certain ways
(e.g., organising free elections).

Human rights are moral principles or norms that describe certain standards of human
behaviour, and are regularly protected as legal rights in municipal and international
law. They are commonly understood as inalienable fundamental rights "to which a person
is inherently entitled simply because she or he is a human being", and which are "inherent
in all human beings" regardless of their nation, location, language, religion, ethnic origin
or any other status. They are applicable everywhere and at every time in the sense of
being universal and they are egalitarian in the sense of being the same for everyone. They
are regarded as requiring empathy and the rule of law and imposing an obligation on
persons to respect the human rights of others, and it is generally considered that they
should not be taken away except as a result of due process based on specific
circumstances for example, human rights may include freedom from unlawful
imprisonment, torture and execution

The doctrine of human rights has been highly influential within international law, global
and regional institutions. Actions by states and non-governmental organisations form a
basis of public policy worldwide. The idea of human rights suggests that "if the public
discourse of peacetime global society can be said to have a common moral language, it is
that of human rights". The strong claims made by the doctrine of human rights continue
to provoke considerable scepticism and debates about the content, nature and
justifications of human rights to this day. The precise meaning of the term right is
controversial and is the subject of continued philosophical debate while there is consensus
that human rights encompasses a wide variety of rights such as the right to a fair trial,
protection against enslavement, prohibition of genocide, free speech or a right to
education, there is disagreement about which of these particular rights should be included
within the general framework of human rights; some thinkers suggest that human rights
should be a minimum requirement to avoid the worst-case abuses, while others see it as a

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higher standard. Many of the basic ideas that animated the human rights
movement developed in the aftermath of the Second World War and the events of the
Holocaust, culminating in the adoption of the Universal Declaration of Human Rights in
Paris by the United Nations General Assembly in 1948. Ancient peoples did not have the
same modern-day conception of universal human rights. The true forerunner of human
rights discourse was the concept of natural rights which appeared as part of the
medieval natural law tradition that became prominent during the
European Enlightenment with such philosophers as John Locke, Francis
Hutcheson and Jean-Jacques Burlamaqui, and which featured prominently in the political
discourse of the American Revolution and the French Revolution. From this foundation,
the modern human rights arguments emerged over the latter half of the 20th
century, possibly as a reaction to slavery, torture, genocide and war crimes, as a
realisation of inherent human vulnerability and as being a precondition for the possibility
of a just society.

Human Rights are commonly understood as „inalienable fundamental rights‟ to which a


person is inherently entitled simply because she or he is a human being. Human Rights
are thus conceived as universal and egalitarian. At the international level human rights
have become a movement. It can be studied through many ways which is called as the
constituents of Human Rights. They may be civil rights, political, economic, cultural,
social rights. They are also called somewhere Fundamental Rights. Being a humankind
one must have some rights from birth and hence they are the birth rights of every human
being. They are also the rights of freedom to everyone irrespective of caste, creed, sex,
region, colour, profession, etc.

CONCEPT OF HUMAN RIGHTS

Human Rights is a 20th century term for what had been traditionally known as „Natural
Rights‟ or in a more appealing 179 phase, the „Rights of Man‟. The notion of „Rights of
Man‟ and other such concepts of human rights are as old as humanity. These rights of
men had a place almost in all the ancient societies of the world, through they were not

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referred to by that time. The term „Human Rights‟ is comparatively of recent origin. But
the idea of human rights is as old as the history of human civilization. Human Rights are
deeply rooted in the historical past. The history of mankind has been firmly associated
with the struggle of individuals against injustice, exploitation and disdain. Broadly
speaking, „Human Right‟ means right to life, liberty, equality and the dignity of an
individual irrespective of caste, creed or sex. Human rights are always natural. Universal
Declaration of Human Rights states, this term signifies the rights which belongs equally
to every individual. It envisages that all human beings are born free, equal in dignity and
rights and are entitled to enjoy all rights. According to Prof. Herald Laski “rights are
those conditions of social life without which no man can seek in general to be himself at
his best”. In view of Dr.B.R.Ambedkar, “Fundamental Rights are the gift of law. They are
essential for human beings. They are inalienable and enforceable by the State.” His theory
of Fundamental Rights is related with the political democracy which rests upon four
„premises‟ which could be stated as under.

1) “ The individual is an end in himself. ” All the institutions either social or political are
the instruments to serve the end of the individual. An individual is not for the state; but as
an ideal citizen must serve the common interest embodied in the state. The „end‟ or the
welfare of the individual includes the development of his physical, mental and material
abilities which could be able to enhance his pursuit of happiness.

2) “That the individual has certain inalienable rights which must be guaranteed to him by
the Constitution.” This means no person or authority should encroach, abridge or abrogate
the rights of the individual in the society. There is no better guarantee of those rights
other than the Constitution.

3) “That the individual shall not be required to relinquish any of his Constitutional rights
as a condition precedent to the receipt of a privilege.” According to Dr.B.R.Ambedkar,
“the rights of the individual being inalienable and constitutional, no one could be required
to relinquish any right at the cost of any privilege. However, rights of individual be
abridged or abrogated only with due process of law.”

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4) “That the state shall not delegate powers to private persons to govern others.”
According to him, the state would be supreme and powerful to govern the people. There
would not be any intermediary or private person like hereditary ruler or Jahagirdar. All
the individuals would be legally equal and enjoy equal treatment under the state.

History of Human Rights:

The roots of human rights can be traced to the Babylonian laws. The Babylonian King
Hammurabi issued a set of laws to his people called „Hammurabi’s Codes‟, which
contained fair wages, protection of property and charges against them to be proved at
trial. Greek philosopher Plato, Aristotle and Roman philosopher Cicero advocated the
natural law, natural rights and human rights. According to Cultural dictionary human
rights can be defined as „freedom from arbitrary interference or restriction by
governments.‟ The term encompasses largely the same rights called civil rights or civil
liberties but often suggests rights that have not been recognized. The origin of human
rights also can be credited to era of Renaissance Humanism in the early modern period.
Prior to this habeas corpus had been explained in the Magna Carta of 1215 A.D. The
European wars of religion and the civil wars of 17th century England gave rise to the
philosophy of liberalism and belief in human rights became a central concern of European
intellectual culture during 18th century „Age of Enlightenment‟. The idea of human
rights lay at the core of the American and French 181 revolutions A.D.1776 & A.D.1789
respectively which paved the way for the advent of universal suffrage. The World Wars
of the 20th century led to the Universal Declaration of Human Rights. A declaration for
religious tolerance on an egalitarian basis can be found in the „Edicts of Ashoka‟, which
emphasize the importance of tolerance in public policy by the government. The slaughter
and capture of prisoners of war was also condemned by Ashoka. According to historian
John Esposito, Prophet Muhammad condemned female infanticide, exploitation of poor,
usury, murder, false contracts and theft. He also incorporated Arabic and Mosaic laws and
customs of the time into his divine revelations. The Constitution of Medina (Charter of
Medina) established the security of the community, freedom of religion, security of

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women. The modern sense of human rights can be traced to Renaissance Europe and
Protestant Reformation, as also the disappearance of the feudal authoritarianism and
religions conservatism that dominated the Middle Ages. According to Jack Donnelly, in
the ancient world, “traditional societies typically have had elaborate systems of
duties….conceptions of justice, political legitimacy and human flourishing that sought to
realize human dignity, flourishing or well-being entirely independent of human rights.”
Then Magna Carta (1215) was related to General Charter of Rights. The statue of Kalisz
(1264) gave privileges to the Jewish minority in the Kingdom of Poland. In 1525, in
Germany, the Peasants put their „Twelve Articles‟ i.e demands towards the „Swabian
League‟ in the German peasant’s war. In Britain in 1683, the English „Bill of Rights‟ or
Act Declaring the Rights and Liberties of the Subject and settling the „Succession of the
Crown‟ and the Scottish Claim of Right each made illegal a range of oppressive
governmental actions. Next traces of human rights found in the revolutions of 1776
(American Revolution) and 1789, French Revolution leading to the adoption of the
United States Declaration of Independence and the French Declaration of Rights of Man
and of the Citizen respectively both of which established certain legal rights.
Additionally, the Virginia Declaration of Rights of 1776, encoded into law a number of
fundamental civil rights and civil freedoms. These were then followed by developments
in philosophy of human rights by philosophers such as Thomas Paine, John Stuart Mill
and G.W.F Hegel during 18th and 19th centuries. The term human rights probably came
into use sometime between Paine's „The Rights of Man‟ and William Lloyd Garrison’s
1831 writings in „The Liberator‟ in which he stated that he was trying to enlist his readers
in „the great cause of human rights‟. In the 19th century human rights became a central
concern over the issue of „slavery‟. In Britain William Wilberforce worked towards it
and the result was that Britain passed Slave Trade Act,1807 and „Slavery Abolition Act,
1833. In America Northern States already abolished slavery and Southern states did it
later. In the 20th century we find many such human rights movements in one form or
another such as labour unions and their rights for labour in North America. The Women’s
rights movements also were started in many countries. In India Mahatma Gandhi‟s

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movement to free the natives and Dr.B.R.Ambedkar‟s movement of liberation of


Depressed Classes within Hindu Community are also noteworthy so far as the Human
Rights are concerned. The establishment of the International Committee of the Red Cross
the 1864 Libber Code and the first of the „Geneva Conventions‟ in 1864 laid the
foundations of International Humanitarian Law. The huge losses of human life and gross
abuses of human rights that took place during World Wars developed the modern human
rights instruments. The League of Nations was established in 1919 and its goals included
disarmament, preventive war through collective security, settling disputes between
countries through negotiation and diplomacy and improving global welfare. Enshrined in
its Charter was a mandate to promote many of the rights later included in the Universal
Declaration of Human Rights. At the 1945 Yalta Conference, the Allied powers agreed to
create a new body i.e United Nations that now make up international humanitarian law
and international human rights law.

Philosophy of Human Rights:

The philosophy of the human rights attempts to examine the underlying basis of the
concept of human rights and critically looks at its content and jurisdiction. Several
theoretical approaches have been advanced to explain law and why human rights have
became a part of social expectations. One of the Western philosophies of human rights is
that they are a product of a natural law, stemming from different philosophical or
religious grounds. Other theories hold that human rights codify moral behavior which is a
human social product developed by a process of biological and social evolution as held by
David Hume. Human rights are also described as a sociological pattern of rule setting as
theorized by Max Weber. These approaches include the notion that individuals in a
society accept rules from legitimate authority in exchange for security and economic
advantage as according to John Rawls as a „Social Contract‟. The two theories that
dominate contemporary human rights discussion are the 'Interest theory' and the 'Will
theory'. Interest theory argues that the principal function of human rights is to protect and

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promote certain essential human interests, while Will theory attempts to establish the
validity of human rights based on the unique human capacity for freedom.

Classification of Human Rights:

Human rights can be classified and organized in a number of different ways. At an


international level the most common categorization of human rights has been to split
them into civil and political rights and economic, social and cultural rights. Civil and
Political Rights are enshrined in Articles 3 to 21 of the „Universal Declaration of Human
Rights‟ (UDHR) and in the „International Covenant on Civil and Political Rights
(ICCPR). Economic, social and cultural rights are enshrined in articles 22 to 28 of the
Universal Declaration of Human Rights (UDHR) and in the International Covenant on
Economic, Social and Cultural Rights (ICESCR). KarelVasak generations. categorized
the human rights into three i) First – generation civil and political rights (right to life and
political participation). ii) Second – generation economic, social and cultural rights (right
to subsistence) and iii) Third – generation solidarity rights (right to peace, right to clean
environment). Out of these three generations the third generation is the most debated and
lacks both legal and political recognition.

Development of Human Rights:

Before we study Universal Declaration of Human Rights we have to know certain


documents declaring rights of man such as Magna Carta, Bill of Rights, US Declaration
of Independence, French Declaration of the Rights of Man and of the Citizen. 10.2.4.1
The Magna Carta, 1215:- The Magna Carta was issued on 15 June, 1215 also called
Magna CartaLibertatum or the Great Charter of the Liberties of England originally in
Latin and translated into vernacular French as early as 1219 and later on it was modified
by time to time. The 1215 charter required King John of England to proclaim certain
liberties and accept that his will was not arbitrary. For example by explicitly accepting
that no „freeman‟ (non-serf) could be punished except through the law of the land, a right
which is still in existence in England. 10.2.4.2 The Bill of Rights, 1689:- The Bill of
Rights or the Bill of Rights 1688 is an Act of the Parliament of England passed on 16

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December 1689. This lays down limits on the powers of sovereign and sets out the rights
of Parliament and rules for freedom of speech in Parliament, the requirement to regular
elections to Parliament and the right to petition the monarch without fear of retribution. It
reestablished the liberty of the protestants to have arms for their defense within the 185
rule of law as Papists were both armed and employed contrary to law.

US Declaration of Independence, 1776

The Declaration of Independence was a statement adopted by the continental Congress


on July 4, 1776 which announce that the American Colonies, then at war with Great
Britain regarded themselves as independent states and no longer a part of the British
Empire. It contained that all men are created equal that they are endowed by their Creator
with certain unalienable Rights, that among these are Liberty and the pursuit of
Happiness. This view was notably promoted by Abraham Lincoln, who considered the
Declaration to be the foundation of his political philosophy and argued that the
Declaration is a statement of principles through which the United States Constitution
should be interpreted. It has worked for the rights of marginalized people throughout the
world.

The Declaration of the Rights of Man and of the Citizen, 1793

It is a fundamental document of the French Revolution defining the individual and


collective rights of all the estates of the realm as universal. Influenced by the doctrine of
„natural right‟, the rights of man are held to be universal. It was adopted during the
French Revolution in 1789, but after modifications it was adopted in 1793. This
declaration is in the spirit of natural law which does not base itself on religious doctrine
or authority. According to this, „Men are born and remain free and equal in rights. And
hence, the role of government is to recognize and secure these rights. They are liberty,
property, security and resistance to oppression.

1. History of the concept

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2. Although ideas of rights and liberty have existed in some form for much of
human history, there is agreement that the earlier conceptions do not closely resemble
the modern conceptions of human rights. According to Jack Donnelly, in the ancient
world, "traditional societies typically have had elaborate systems of duties...
conceptions of justice, political legitimacy, and human flourishing that sought to
realize human dignity, flourishing, or well-being entirely independent of human rights.
These institutions and practices are alternative to, rather than different formulations of
human rights". The history of human rights can be traced to past documents,
particularly Constitution of Medina (622), Al-Risalah al-Huquq (late 7th to early 8th
century), Magna Carta (1215), the Twelve Articles of Memmingen (1525), the English
Bill of Rights(1689), the French Declaration of the Rights of Man and of the
Citizen (1789), and the Bill of Rights in the United States Constitution(1791).
3. The modern sense of human rights can be traced to Renaissance Europe and
the Protestant Reformation, alongside the disappearance of the feudal authoritarianism
and religious conservativism that dominated the Middle Ages. One theory is that
human rights were developed during the early Modern period, alongside the European
secularization of Judeo-Christian ethics. The most commonly held view is that the
concept of human rights evolved in the West, and that while earlier cultures had
important ethical concepts, they generally lacked a concept of human rights. For
example, McIntyre argues there is no word for "right" in any language before
1400. Medieval charters of liberty such as the English Magna Carta were not charters
of human rights, rather they were the foundation and constituted a form of limited
political and legal agreement to address specific political circumstances, in the case of
Magna Carta later being recognized in the course of early modern debates about
rights. One of the oldest records of human rights is the statute of Kalisz (1264), giving
privileges to the Jewish minority in the Kingdom of Poland such as protection from
discrimination and hate speech. Samuel Moyn suggests that the concept of human
rights is intertwined with the modern sense of citizenship, which did not emerge until
the past few hundred years.

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4. 16th–18th century.
5. The earliest conceptualization of human rights is credited to ideas about natural
rights emanating from natural law. In particular, the issue of universal rights was
introduced by the examination of extending rights to indigenous peoples by Spanish
clerics, such as Francisco de Vitoria and Bartolommeo de Las Casas. In the Valladolid
debate, Juan Ginés de Sepulveda, who maintained an Aristotelian view of humanity as
divided into classes of different worth, argued with Las Casas, who argued in favour
of equal rights to freedom from slavery for all humans regardless of race or religion.
6.
7. 17th-century.
8. English philosopher John Locke discussed natural rights in his work, identifying
them as being "life, liberty, and estate (property)", and argued that such fundamental
rights could not be surrendered in the social contract. In Britain in 1689, the
English Bill of Rights and the Scottish Claim of Right each made illegal a range of
oppressive governmental actions. Two major revolutions occurred during the 18th
century, in the United States (1776) and in France (1789), leading to the United States
Declaration of Independence and the French Declaration of the Rights of Man and of
the Citizen respectively, both of which articulated certain human rights. Additionally,
the Virginia Declaration of Rights of 1776 encoded into law a number of
fundamental civil rights and civil freedoms.

Declaration of the Rights of Man and of the Citizen approved by the National Assembly
of France, August 26, 1789

We hold these truths to be self-evident, that all men are created equal, that they are
endowed by their Creator with certain unalienable Rights, that among these are Life,
Liberty and the pursuit of Happiness.

These were followed by developments in philosophy of human rights by philosophers


such as Thomas Paine, John Stuart Mill and G.W.F. Hegel during the 18th and 19th

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centuries. The term human rights probably came into use some time between Paine's The
Rights of Man and William Lloyd Garrison's 1831 writings in The Liberator, in which he
stated that he was trying to enlist his readers in "the great cause of human rights".
Although the term had been used by at least one author as early as 1742.

19th century

In the 19th century, human rights became a central concern over the issue of slavery. A
number of reformers, notably British Member of Parliament William Wilberforce,
worked towards the abolition of the Atlantic slave trade and abolition of slavery. This was
achieved across the British Empire by the Slave Trade Act 1807, which was enforced
internationally by the Royal Navy under treaties Britain negotiated with other
nations, and the Slavery Abolition Act 1833. In the United States, all the northern states
had abolished the institution of slavery between 1777 and 1804, although southern states
clung tightly to the "peculiar institution". Conflict and debates over the expansion of
slavery to new territories constituted one of the reasons for the southern
states' secession and the American Civil War. During the reconstruction
period immediately following the war, several amendments to the United States
Constitution were made. These included the 13th amendment, banning slavery, the 14th
amendment, assuring full citizenship and civil rights to all people born in the United
States, and the 15th amendment, guaranteeing African Americans the right to vote.
In Russia, the reformer Tsar Alexander II ended serfdom in 1861, although the freed serfs
often faced restrictions of their mobility within the nation.

Many groups and movements have achieved profound social changes over the course of
the 20th century in the name of human rights. In Europe and North America, labour
unions brought about laws granting workers the right to strike, establishing minimum
work conditions and forbidding or regulating child labour. The women's rights movement
succeeded in gaining for many women the right to vote. National liberation movements in
many countries succeeded in driving out colonial powers. One of the most influential

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was Mahatma Gandhi's movement to free his native India from British rule. Movements
by long-oppressed racial and religious minorities succeeded in many parts of the world,
among them the Civil Rights Movement, and more recent movements, on behalf of
women and minorities in the United States.

The establishment of the International Committee of the Red Cross, the 1864 Lieber
Code and the first of the Geneva Conventions in 1864 laid the foundations
of International humanitarian law, to be further developed following the two World Wars.

20th century

The World Wars, and the huge losses of life and gross abuses of human rights that took
place during them, were a driving force behind the development of modern human rights
instruments. The League of Nations was established in 1919 at the negotiations over
the Treaty of Versailles following the end of World War I. The League's goals included
disarmament, preventing war through collective security, settling disputes between
countries through negotiation and diplomacy, and improving global welfare. Enshrined in
its charter was a mandate to promote many of the rights later included in the Universal
Declaration of Human Rights.

At the 1945 Yalta Conference, the Allied Powers agreed to create a new body to supplant
the League's role; this was to be the United Nations. The United Nations has played an
important role in international human-rights law since its creation. Following the World
Wars, the United Nations and its members developed much of the discourse and the
bodies of law that now make up international humanitarian law and international human
rights law. Analyst Belinda Cooper argued that human rights organizations flourished in
the 1990s, possibly as a result of the dissolution of the western and eastern Cold War
blocs. Ludwig Hoffmann argues that human rights became more widely emphasized in
the latter half of the twentieth century because it "provided a language for political claim
making and counter-claims, liberal-democratic, but also socialist and post colonialist.

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THE STANDARD CONCEPT OF HUMAN RIGHTS The notion of human rights in


general-as moral principles by which we can judge the legal acts of state-has its roots in
the Greek notion that there is a transcendental stan

THE CONCEPT OF HUMAN RIGHTS

Standard of justice by which we measure the justness of particular laws and states. This
view is articulated in the distinction between universal law and particular laws; and the
related distinction between natural or divine law (that which is inherently and absolutely
just) and positive law (that which is articulated in the form of actual laws). Particular law
is that which each community lays down and applies to its own members: this is partly
written and partly unwritten. Universal law is the law of nature. For there really is, as
every one to some extent divines, a natural justice and injustice that is binding on all men,
even on those who have no association or covenant with each other. There are unwritten
laws of justice which are not enforced, but exist permanently and without change.
Written laws change often; universal laws--"the law of nature"-do not. One may break a
particular law and not act unjustly, if it is an unjust law which does not fulfill its true
purpose, which is to do justice." Aristotle refers to Sophocles' Antigone, who describes
natural law as follows: Not of to-day or yesterday it is, But lives eternal: none can date its
birth. The distinction between law (the acts of state) and justice (the ideal by which we
judge the goodness of the state), or between particular laws and universal law, is the
foundation of the notion of human rights. It is the basis for the moral claim by which we
can justify passing judgment on a state's actions-given that the state is the source of law,
the state by definition determines what is legal and what is not. The only moral
justification by which those who are outside a state can pass judgment on the validity of
its acts lies in the claim of a higher standard, or a universal law, or a conception of justice,
against which the acts and laws of a particular state can be measured. Thus, "human
rights" by definition are not concerned about ordinary crimes, which are offenses against
the state. Rather, the conception of human rights necessarily concerns acts (or failures to
act) of the state; and necessarily makes the claim that an act or policy which may be legal

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is nevertheless unjust. This moral claim in turn provides a standard by which to judge the
acts of a sovereign government to be "criminal" in some sense and justifies the
"punishment" of other states, as well as interference in their internal policies. The concept
of human rights which is currently the standard or dominant concept is one which has
been articulated in approximately the same form in international law and diplomacy, by
NGOs and in philosophical and theoretical literature. The dominant concept of human
rights entails: the right to be free from what are often called "atrocities," such as torture
and genocide; and political and civil rights, including elections and judicial process and
freedom of thought, speech and press. The dominant concept of human rights does not
include economic rights, such as the rights to food, shelter and employment. If by "human
rights" we refer to those elements which constitute the minimal conditions for human life,
then we have a problem: not being tortured or killed is essential for human life, but
running for political office is not. Thus, it is not clear that we can justify placing civil and
political rights in the same category as the right not to be subject to atrocities. On the
other hand, food and shelter are minimal conditions for life. So how did this dominant
concept of human rights come to be formulated? In the twentieth century, the Nuremberg
trials at the end of World War II were perhaps the first significant attempt to articulate
and enforce (or rather penalize violations of) principles of human rights. At Nuremberg,
from 1946 to 1949, the Nazis were prosecuted by the Allied tribunal for war crimes,
crimes against peace and crimes against humanity. "War crimes" involved the violation of
the rules of war, such as blanket bombing in civilian areas, gratuitous attacks on civilian
populations of other nations and mistreatment of prisoners of war. "Crimes against peace"
consisted of waging a war of aggression, or waging war in violation of treaties.
Germany's "crime against peace" was its military aggression against sovereign nations.
For both "crimes against peace" and "war crimes" there was some precedent, albeit
tenuous, for the notion that a tribunal could legitimately claim jurisdiction over claims
brought for these two types of crimes since they involved the violation of explicit
conventions and treaties. However, the extermination of German Jews, gypsies,
communists and other groups constituted neither a war crime nor a crime against peace. It

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was only under the third category, "crimes against humanity," that a cognizable claim
could be made against a state for violence done to its own citizens by its officials in
accordance with its own laws. "Crimes against humanity" included genocide,
enslavement, torture and racial or religious persecution

Characteristic Features of Human Rights:


The Characteristic Features of the Concept of Human Rights are Enumerated
Below:
i. They are essential for every human being. They cannot be categorized as
the preserve of one particular nation but are in fact the possession of
mankind as a whole.
ii. Just like that of moral rights the element of their enforcement lies in the
individual’s conscience.
iii. They cover legal rights which are safeguarded by the law of the land. They
also comprise fundamental rights which are included in the
constitution of a particular country. As such, they are accorded special
treatment as regards their amendment and forms of rights—social,
economic and political—which enable a person to lead a life of dignity
and live in peace and security.
iv. The human rights are universal. They are provided to members of the
human society as a whole whether or not some section of them are
aware of them or not. The uncivilized Negroes of Somalia or LTTE of
Sri Lanka who are always involved in civil war also cannot be
deprived of them.
v. If human rights are infringed in any part of the world, besides persuasion,
even force by alien powers—the votaries of the human rights is
permissible, for their enforcement. The International Community, for
example, was within its rights to restrain Saddam Hussain of Iraq from

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suppressing the rights of the Kurds. In the recent past, the International
Community led by USA and UK (after 13th December attack on
World Trade Centre in New York) had determined to fight out
terrorism to the end so that tormented humanity may no longer suffer
at the hands of the terrorists and lose right to life and property. They
must enjoy peaceful living—the genuine right, of every individual.
vi. The Human Rights are not unbridled. They are to be restricted in the
interest of public peace, political security, morality and social decency.
Each state has its own cultural standard and norms of civilization, in
the light of which reasonable restrictions are indispensable. This shows
that human rights are not limitless. They have to function within
boundary of civilized norms and cultural legacy of a country.
Concept Neither Easily Definable Nor Universally Acknowledgeable:
It may however be emphasized that the concept of human rights neither is easily definable
nor universally acknowledgeable. It has been varying from time to time, place to place,
and people to people. Even in a particular society, its variation has been discernible from
one segment to another. Hence the real meaning of Human Rights has never been
constant.
Instead, it has been evolving with the passage of time and has been under perpetual drifts
owing to varying social and economic conditions. However their foundational norm—
respect for human personality and dignity, regardless of color, race, sex, religion or other
consideration—has been everywhere and every time the same.
We may agree with the views of S.C. Kashyap, “human rights may be said to be those
fundamental rights to which every man or woman inhabiting any part of the world should
be deemed entitled merely by virtue of having been born a human being”.

Keeping in view the multinational and international craving for the human rights Fenberg
has described them as “moral rights of a fundamentally important kind held equally by all
human beings unconditionally and unilaterally” Friedman portray growing popularity of

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the concept of Human Rights in the words. “No development has been more important for
the development of human rights than the trend towards internationalism.

Human Rights in India:


The concept of Human Rights is not the exclusive preserve of the Western countries. In
India, the ancient concept of Dharma included the concepts of rights, freedoms and
duties. However, the prevalence of caste system deprived a section of people the privilege
of enjoying certain rights and freedoms on equitable and equal basis. Though the Hindu
epics idealized the caste system, yet they also prescribed obligation of the rulers towards
all sections of people.
Rights During British Era:
The Indian National Congress, espoused the cause of basic rights for the Indian masses
since its inception in 1885. The moderate nationalists like Gokhale and Dada Bhai
Naoroji criticized the British rule for keeping the Indian people deprived of the rule of
law as it prevailed in England.
In 1897, another moderate S.N. Banerjee denounced the British Imperialists on the plea
that the British who boasted of Magna Carta and Habeas corpus denied the Indian people
the right to personal liberty. The extremists like Tilak talked of ‘Swaraj’ as Indian’s birth
right.
With the emergence of Gandhi on the Indian political horizon the Congress leaders in one
tune started opposing tooth and nail oppressive laws like Rowalt Act of 1919 and strongly
stood for the rights of the Indians who were forced to lead the lives of salves.
All great leaders like Moti Lai Nehru, Madan Mohan Malviya, Jawaharlal Nehru,
Subhash Chandra Bose, Sardar Patel and Maulana Azad emphatically denounced the
British Imperialists for the curtailment of people’s basic freedoms and unleashing reign of
terror whenever people raised their voice against curbs of freedoms and inhuman
injustices.

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CLASSIC AND SOCIAL RIGHTS


One classification used is the division between ‘classic’ and ‘social’ rights. ‘Classic’
rights are often seen to require the non-intervention of the state (negative obligation), and
‘social rights’ as requiring active intervention on the part of the state (positive
obligations). In other words, classic rights entail an obligation for the state to refrain from
certain actions, while social rights oblige it to provide certain guarantees. Lawyers often
describe classic rights in terms of a duty to achieve a given result (‘obligation of result’)
and social rights in terms of a duty to provide the means (‘obligations of conduct’). The
evolution of international law, however, has lead to this distinction between ‘classic’ and
‘social’ rights becoming increasingly awkward. Classic rights such as civil and political
rights often require considerable investment by the state. The state does not merely have
the obligation to respect these rights, but must also guarantee that people can effectively
enjoy them. Hence, the right to a fair trial, for instance, requires well-trained judges,
prosecutors, lawyers and police officers, as well as administrative support. Another
example is the organization of elections, which also entails high costs.
On the other hand, most ‘social’ rights contain elements that require the state to abstain
from interfering with the individual’s exercise of the right. As several commentators note,
the right to food includes the right for everyone to procure their own food supply without
interference; the right to housing implies the right not to be a victim of forced eviction;
the right to work encompasses the individual’s right to choose his/her own work and also
requires the state not to hinder a person from working and to abstain from measures that
would increase unemployment; the right to education implies the freedom to establish and
direct educational establishments; and the right to the highest attainable standard of health
implies the obligation not to interfere with the provision of health care.
In sum, the differentiation of ‘classic’ rights from ‘social’ rights does not reflect the
nature of the obligations under each set of rights.

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CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS

Civil rights
The term ‘civil rights’ is often used with reference to the rights set out in the first eighteen
articles of the UDHR, almost all of which are also set out as binding treaty norms in the
ICCPR. From this group, a further set of ‘physical integrity rights’ has been identified,
which concern the right to life, liberty and security of the person, and which offer
protection from physical violence against the person, torture and inhuman treatment,
arbitrary arrest, detention, exile, slavery and servitude, interference with one’s privacy
and right of ownership, restriction of one’s freedom of movement, and the freedom of
thought, conscience and religion. The difference between ‘basic rights’ and ‘physical
integrity rights’ lies in the fact that the former include economic and social rights, but do
not include rights such as protection of privacy and ownership.
Although not strictly an integrity right, the right to equal treatment and protection in law
certainly qualifies as a civil right. Moreover, this right plays an essential role in the
realization of economic, social and cultural rights.
Political rights
In general, political rights are those set out in Articles 19 to 21 UDHR and also codified
in the ICCPR. They include freedom of expression, freedom of association and assembly,
the right to take part in the government of one’s country and the right to vote and stand
for election at genuine periodic elections held by secret ballot.

Economic and social rights


The economic and social rights are listed in Articles 22 to 26 UDHR, and further
developed and set out as binding treaty norms in the ICESCR. These rights provide the
conditions necessary for prosperity and wellbeing. Economic rights refer, for example, to
the right to property, the right to work, which one freely chooses or accepts, the right to a
fair wage, a reasonable limitation of working hours, and trade union rights. Social rights

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are those rights necessary for an adequate standard of living, including rights to health,
shelter, food, social care, and the right to education.

Cultural rights
The UDHR lists cultural rights in Articles 27 and 28: the right to participate freely in the
cultural life of the community, the right to share in scientific advancement and the right to
the protection of the moral and material interests resulting from any scientific, literary or
artistic production of which one is the author.
The alleged dichotomy between civil and political rights, and economic, social and
cultural rights
Traditionally it has been argued that there are fundamental differences between economic,
social and cultural rights, and civil and political rights. These two categories of rights
have been seen as two different concepts and their differences have been characterized as
a dichotomy. According to this view, civil and political rights are considered to be
expressed in very precise language, imposing merely negative obligations which do not
require resources for their implementation, and which therefore can be applied
immediately. On the other hand, economic, social and cultural rights are considered to be
expressed in vague terms, imposing only positive obligations conditional on the existence
of resources and therefore involving a progressive realization.
As a consequence of these alleged differences, it has been argued that civil and political
rights are justifiable whereas economic, social and cultural rights are not. In other words,
this view holds that only violations of civil and political rights can be adjudicated by
judicial or similar bodies, while economic, social and cultural rights are ‘by their nature’
non-justifiable.
Over the years, economic, social and cultural rights have been re-examined and their
juridical validity and applicability have been increasingly stressed. During the last
decade, we have witnessed the development of a large and growing body of case law of
domestic courts concerning economic, social and cultural rights. This case law, at the

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national and international level, suggests a potential role for creative and sensitive
decisions of judicial and quasi-judicial bodies with respect to these rights.
Many international fora have elaborated on the indivisibility and interdependency of
human rights. As stated in the 1993 Vienna Declaration and Programme of Action: ‘All
human rights are universal, indivisible and interdependent and interrelated. The
international community must treat human rights globally in a fair and equal manner, on
the same footing, and with the same emphasis.’ The European Union (EU) and its
member states have also made it clear on numerous occasions that they subscribe to the
view that both categories of human rights are of equal importance, in the sense that an
existence worthy of human dignity is only possible if both civil and political rights and
economic, social and cultural rights are enjoyed. In their Declaration of 21 July 1986,
they affirmed that ‘the promotion of economic, social and cultural rights as well as of
civil and political rights is of paramount importance for the full realization of human
dignity and for the attainment of the legitimate aspirations of every individual.’
The so-called Limburg Principles on the Implementation of the ICESCR also indicate that
a sharp distinction between civil and political rights on the one hand and economic, social
and cultural rights on the other is not accurate. These principles were drawn up in 1986
by a group of independent experts, and followed in 1997 by the Maastricht Guidelines on
Violations of Economic, Social and Cultural Rights. Together, these documents provide a
clear explanation of the nature of the state party obligations under the ICESCR. The same
can be said of the 1990 General Comment 3 of the UN Committee on Economic, Social
and Cultural Rights on the nature of states parties’ obligations in relation to the ICESCR.
Fortunately, continuous declarations at the international level on the indivisibility and
interdependency of all rights have finally been codified by way of the recently adopted
Optional Protocol to the ICESCR. States parties to the Optional Protocol will recognize
the competence of the Committee on Economic, Social and Cultural Rights to receive and
consider individual and collective complaints alleging violations of economic, social and
cultural rights set forth in the ICESCR. The Committee will also be empowered to request
interim measures to avoid possible irreparable damage to the victims of the alleged

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violations and, where it receives reliable information indicating grave or systematic


violations, it shall conduct an inquiry which may include a visit to the state party.
The adoption of the Optional Protocol on the 60th anniversary of the UDHR, on 10
December 2008, represents an historic advance for human rights. Firstly, economic,
social and cultural rights - historically demoted to an inferior status with limited
protection - are now finally on an equal footing with civil and political rights. Secondly,
through an individual complaints procedure the meaning and scope of these rights will
become more precise, facilitating efforts to respect and guarantee their enjoyment.
Thirdly, the existence of a potential ‘remedy’ at the international level will provide an
incentive to individuals and groups to formulate some of their economic and social claims
in terms of rights. Finally, the possibility of an adverse ‘finding’ of the Committee on
Economic, Social and Cultural Rights will give economic, social and cultural rights
salience in terms of the political concerns of governments; which these rights largely lack
at present.

Cairo Declaration of Human Rights in Islam

The CDHR was signed by member states of the OIC in 1990 at the 19th Conference of
Foreign Ministers held in Cairo, Egypt. It was seen as the answer to the UDHR. In fact,
the CDHR was "patterned after the UN-sponsored UDHR of 1948".The object of the
CDHR was to "serve as a guide for member states on human rights issues. CDHR
translated the Qur'anic teachings as follows: "All men are equal in terms of basic human
dignity and basic obligations and responsibilities, without any discrimination on the basis
of race, colour, language, belief, sex, religion, political affiliation, social status or other
considerations. True religion is the guarantee for enhancing such dignity along the path to
human integrity. On top of references to the Qur'an, the CDHR also referenced prophetic
teachings and Islamic legal tradition

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Universal Declaration of Human Rights.

The Universal Declaration of Human Rights (UDHR) was adopted by the United Nations
General Assembly in 1948, partly in response to the atrocities of World War II. It is
generally viewed as the preeminent statement of international rights and has been
identified as being a culmination of centuries of thinking along both secular and religious
lines Although the UDHR is a non-binding resolution, it is now considered by some to
have acquired the force of international customary law which may be invoked in
appropriate circumstances by national and other tribunals.[citation needed] The UDHR
urges member nations to promote a number of human, civil, economic and social rights,
asserting these rights as part of the "foundation of freedom, justice and peace in the
world." The declaration was the first international legal effort to limit the behaviour of
states and press upon them duties to their citizens.

...recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the
world.

The UDHR was framed by members of the Human Rights Commission, with former First
Lady Eleanor Roosevelt as Chair, who began to discuss an International Bill of Rights in
1947. The members of the Commission did not immediately agree on the form of such a
bill of rights, and whether, or how, it should be enforced. The Commission proceeded to
frame the UDHR and accompanying treaties, but the UDHR quickly became the
priority. Canadian law professor John Humphrey and French lawyer René Cassin were
responsible for much of the cross-national research and the structure of the document
respectively, where the articles of the declaration were interpretative of the general
principle of the preamble. The document was structured by Cassin to include the basic
principles of dignity, liberty, equality and brotherhood in the first two articles, followed
successively by rights pertaining to individuals; rights of individuals in relation to each
other and to groups; spiritual, public and political rights; and economic, social and
cultural rights. According to Cassin, the final three articles place rights in the context of

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limits, duties and the social and political order in which they are to be realized. Humphrey
and Cassin intended the rights in the UDHR to be legally enforceable through some
means, as is reflected in the third clause of the preamble:

Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to


rebellion against tyranny and oppression, that human rights should be protected by the
rule of law.

Some of the UDHR was researched and written by a committee of international experts
on human rights, including representatives from all continents and all major religions, and
drawing on consultation with leaders such as Mahatma Gandhi. The inclusion of civil,
political, economic, social and cultural rights was predicated on the assumption that all
human rights are indivisible and that the different types of rights listed are inextricably
linked. This principle was not then opposed by any member states (the declaration was
adopted unanimously, Byelorussian SSR, Czechoslovakia, Poland, Saudi
Arabia, Ukrainian SSR, Union of South Africa, USSR, Yugoslavia.); however, this
principle was later subject to significant challenges.

The Universal Declaration was bifurcated into treaties, a Covenant on Civil and Political
Rights and another on social, economic, and cultural rights, due to questions about the
relevance and propriety of economic and social provisions in covenants on human rights.
Both covenants begin with the right of people to self-determination and to sovereignty
over their natural resources. This debate over whether human rights are more fundamental
than economic rights has continued to the present day. The United States declared after
the World Food Summit that a right to be free from hunger does not give rise to any
international obligations which has been interpreted as a negative duty.

The drafters of the Covenants initially intended only one instrument. The original drafts
included only political and civil rights, but economic and social rights were also
proposed. The disagreement over which rights were basic human rights resulted in there
being two covenants. The debate was whether economic and social rights are aspirational,
as contrasted with basic human rights which all people possess purely by being human,

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because economic and social rights depend on wealth and the availability of resources. In
addition, which social and economic rights should be recognized depends on ideology or
economic theories, in contrast to basic human rights, which are defined purely by the
nature (mental and physical abilities) of human beings. It was debated whether economic
rights were appropriate subjects for binding obligations and whether the lack of consensus
over such rights would dilute the strength of political-civil rights. There was wide
agreement and clear recognition that the means required to enforce or induce compliance
with socioeconomic undertakings were different from the means required for civil-
political rights.

This debate and the desire for the greatest number of signatories to human-rights law led
to the two covenants. The Soviet bloc and a number of developing countries had argued
for the inclusion of all rights in a so-called Unity Resolution. Both covenants allowed
states to derogate some rights. Those in favour of a single treaty could not gain sufficient
consensus.

Universality of human rights


In the last fifty years the principle of universality has become central to the interpretation
of human rights law. The recognition and protection of fundamental rights had already to
some extent been codified before Second World War, albeit primarily in national law, and
especially in national constitutions. It was, however, only after the Second World War
that politicians and civil society alike came to realize that national schemes for the
protection of human rights did not suffice. Since then, human rights have found their way
into a wide range of regional and global treaties.
The entry into force of the UN Charter on 24 October 1945 marked the formal
recognition of human rights as a universal principle, and compliance with human rights
was mentioned in the Preamble and in Articles 55 and 56 as a principle to be upheld by
all states. In 1948, it was followed by the adoption of the UDHR, and in 1966 by the
ICESCR and the ICCPR and its First Optional Protocol

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The UDHR specifies over thirty rights. It regards the protection of these rights as a
common standard to be ultimately achieved. Several governments and scholars maintain
that a number of human rights in the UDHR have the character of jus cogens (a
peremptory norm, which states are not allowed to derogate from; a rule which is
considered universally valid). Its universality is underlined by the fact that in 1948 it was
formulated and agreed upon not only by Western states, but also by representatives from
countries such as China, the Soviet Union, Chile, and Lebanon. It was moreover adopted
without any objection: no votes against and only eight abstentions.
As noted above, during the 1950s and 1960s, more and more countries became
independent and joined the UN. In doing so they endorsed the principles and ideals laid
down in the UDHR. This commitment was underlined in the Proclamation of Teheran of
1968. The Proclamation was adopted by 85 states, of which more than 60 countries did
not belong to the Western Group. The Proclamation stated: ‘The Universal Declaration of
Human Rights states a common understanding of the peoples of the world concerning the
inalienable and inviolable rights of all members of the human family and constitutes an
obligation for the members of the international community.’
The Vienna Declaration and Programme of Action, the results of the 1993 Second World
Conference on Human Rights (which was attended by 171 states), once more endorsed
and underlined the importance of the UDHR. It stated that the UDHR 'constitutes a
common standard of achievement for all peoples and all nations’, using the language of
the Declaration itself.
The universality of human rights has been, and still is, a subject of intense debate,
including in anticipation of, during and after the 1993 World Conference on Human
Rights. The Vienna document itself states that the universal nature of human rights is
‘beyond question’. It also says: ‘all human rights are universal’; adding, however, that
‘the significance of national and regional particularities and various historical, cultural
and religious backgrounds must be borne in mind’. This national ‘margin of
appreciation’, as it is called, does not, however, according to the Vienna document,

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relieve states of their duty to promote and protect all human rights, ‘regardless of their
political, economic and cultural systems’.

The Human Rights Agreement


With the goal of establishing mechanisms for enforcing the UDHR, the UN Commission
on Human Rights proceeded to draft two treaties: the International Covenant on Civil and
Political Rights (ICCPR) and its optional Protocol and the International Covenant on
Economic, Social and Cultural Rights (ICESCR). Together with the Universal
Declaration, they are commonly referred to as the International Bill of Human Rights.
The ICCPR focuses on such issues as the right to life, freedom of speech, religion, and
voting. The ICESCR focuses on such issues as food, education, health, and shelter.
Both covenants trumpet the extension of rights to all persons and prohibit discrimination.
As of 1997, over 130 nations have ratified these covenants. The United States, however,
has ratified only the ICCPR, and even that with many reservations, or formal exceptions,
to its full compliance. (See From Concept to Convention: How Human Rights Law
Evolves).
Subsequent Human Rights Documents
In addition to the covenants in the International Bill of Human Rights, the United Nations
has adopted more than 20 principal treaties further elaborating human rights. These
include conventions to prevent and prohibit specific abuses like torture and genocide and
to protect especially vulnerable populations, such as refugees (Convention Relating to the
Status of Refugees, 1951), women (Convention on the Elimination of All Forms of
Discrimination against Women, 1979), and children (Convention on the Rights of the
Child, 1989). As of 1997 the United States has ratified only these conventions:
• The Convention on the Elimination of All Forms of Racial Discrimination
• The Convention on the Prevention and Punishment of the Crime of Genocide
• The Convention on the Political Rights of Women
• The Slavery Convention of 1926

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• The Convention against Torture and Other Cruel, Inhuman or Degrading


Treatment or Punishment
In Europe, the Americas, and Africa, regional documents for the protection and
promotion of human rights extend the International Bill of Human Rights. For example,
African states have created their own Charter of Human and People’s Rights (1981), and
Muslim states have created the Cairo Declaration on Human Rights in Islam (1990). The
dramatic changes in Eastern Europe, Africa, and Latin America since 1989 have
powerfully demonstrated a surge in demand for respect of human rights. Popular
movements in China, Korea, and other Asian nations reveal a similar commitment to
these principles.

9. Modern Human Rights Movement

The conquest of the Americas in the 15th and 16th centuries by Spain, during the Age of
Discovery, resulted in vigorous debate about human rights in Colonial Spanish America.
This led to the issuance of the Laws of Burgos by Ferdinand the Catholic on behalf of his
daughter, Joanna of Castile. Fray Antonio de Montesinos, a Friar of the Dominican
Order at the Island of Hispaniola, delivered a sermon on December 21, 1511, which was
attended by Bartolomé de las Casas. It is believed that reports from the Dominicans in
Hispaniola motivated the Spanish Crown to act. The sermon, known as the Christmas
Sermon, gave way to further debates from 1550-51 between Las Casas and Juan Ginés de
Sepúlveda at Valladolid. Among the provisions of the Laws of Burgos were child
labor; women's rights; wages; suitable accommodations; and rest/vacation, among others.

Several 17th- and 18th-century European philosophers, most notably John Locke,
developed the concept of natural rights, the notion that people are naturally free and
equal. Though Locke believed natural rights were derived from divinity
since humans were creations of God, his ideas were important in the development of the

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modern notion of rights. Lockean natural rights did not rely on citizenship nor any law of
the state, nor were they necessarily limited to one particular ethnic, cultural or religious
group. Around the same time, in 1689, the English Bill of Rights was created which
asserted some basic human rights, most famously freedom from cruel and unusual
punishment.

In the 1700s, the novel became a popular form of entertainment. Popular novels, such
as Julie, or the New Heloise by Jean-Jacques Rousseau and Pamela; or, Virtue
Rewarded by Samuel Richardson, laid a foundation for popular acceptance of human
rights by making readers empathize with characters unlike themselves.

Two major revolutions occurred during the 18th century in the United States (1776) and
in France (1789). The Virginia Declaration of Rights of 1776 sets up a number of
fundamental rights and freedoms. The later United States Declaration of
Independence includes concepts of natural rights and famously states "that all men are
created equal, that they are endowed by their Creator with certain unalienable rights, that
among these are life, liberty and the pursuit of happiness". Similarly, the
French Declaration of the Rights of Man and Citizen defines a set of individual and
collective rights of the people. These are, in the document, held to be universal not only
to French citizens but to all men without exception.

19th century to World War I

Declaration of the Rights of Man and of the Citizen approved by the National Assembly
of France, August 26, 1789

Philosophers such as Thomas Paine, John Stuart Mill and Hegel expanded on the theme
of universality during the 18th and 19th centuries.

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In 1831 William Lloyd Garrison wrote in a newspaper called The Liberator that he was
trying to enlist his readers in "the great cause of human rights" so the term human
rights probably came into use sometime between Paine's The Rights of Man and
Garrison's publication. In 1849, a contemporary, Henry David Thoreau, wrote about
human rights in his treatise On the Duty of Civil Disobedience which was later
influential on human rights and civil rights thinkers. United States Supreme Court Justice
David Davis, in his 1867 opinion for Ex parte Milligan, wrote: "By the protection of the
law, human rights are secured; withdraw that protection and they are at the mercy of
wicked rulers or the clamor of an excited people."

Many groups and movements have managed to achieve profound social changes over the
course of the 20th century in the name of human rights. In Western Europe and North
America, labour unions brought about laws granting workers the right to strike,
establishing minimum work conditions and forbidding or regulating child labour.
The women's rights movement succeeded in gaining for many women the right
to vote. National liberation movements in many countries succeeded in driving
out colonial powers. One of the most influential was Mahatma Gandhi's movement to free
his native India from British rule. Movements by long-oppressed racial and religious
minorities succeeded in many parts of the world, among them the civil rights movement,
and more recent diverse identity politics movements, on behalf of women and minorities
in the United States.

The foundation of the International Committee of the Red Cross, the 1864 Lieber
Code and the first of the Geneva Conventions in 1864 laid the foundations
of international humanitarian law, to be further developed following the two World Wars.

Between World War I and World War II

The League of Nations was established in 1919 at the negotiations over the Treaty of
Versailles following the end of World War I. The League's goals included disarmament,
preventing war through collective security, settling disputes between countries through
negotiation, diplomacy and improving global welfare. Enshrined in its Charter was a

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mandate to promote many of the rights which were later included in the Universal
Declaration of Human Rights.

The League of Nations had mandates to support many of the former colonies of the
Western European colonial powers during their transition from colony to independent
state.

Established as an agency of the League of Nations, and now part of United Nations,
the International Labour Organization also had a mandate to promote and safeguard
certain of the rights later included in the UDHR:

After World War II

The Geneva Conventions came into being between 1864 and 1949 as a result of efforts
by Henry Dunant, the founder of the International Committee of the Red Cross. The
conventions safeguard the human rights of individuals involved in conflict, and follow on
from the 1899 and 1907 Hague Conventions, the international community's first attempt
to define laws of war. Despite first being framed before World War II, the conventions
were revised as a result of World War II and readopted by the international community in
1949.

The Geneva Conventions are:

I. The Geneva Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field was adopted in 1864. It was significantly
revised and replaced by the 1906 version, the 1929 version, and later the First
Geneva Convention of 1949.
II. The Geneva Convention for the Amelioration of the Condition of Wounded, Sick
and Shipwrecked Members of Armed Forces at Sea was adopted in 1906.[48] It
was significantly revised and replaced by the Second Geneva Convention of 1949.
III. The Geneva Convention relative to the Treatment of Prisoners of War was
adopted in 1929. It was significantly revised and replaced by the Third Geneva
Convention of 1949.

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IV. The Fourth Geneva Convention relative to the Protection of Civilian Persons in
Time of War was adopted in 1949.

In addition, there are three additional amendment protocols to the Geneva Convention:

I. Protocol I (1977): Protocol Additional to the Geneva Conventions of 12 August


1949, and relating to the Protection of Victims of International Armed Conflicts.

II. Protocol II (1977): Protocol Additional to the Geneva Conventions of 12 August


1949, and relating to the Protection of Victims of Non-International Armed
Conflicts.

III. Protocol III (2005): Protocol Additional to the Geneva Conventions of 12 August
1949, and relating to the Adoption of an Additional Distinctive Emblem.

All four conventions were last revised and ratified in 1949, based on previous revisions
and partly on some of the 1907 Hague Conventions. Later, conferences have added
provisions prohibiting certain methods of warfare and addressing issues of civil wars.
Nearly all 200 countries of the world are "signatory" nations, in that they have ratified
these conventions. The International Committee of the Red Cross is the controlling body
of the Geneva conventions.

FUNDAMENTAL AND BASIC RIGHTS

Fundamental rights are taken to mean such rights as the right to life and the inviolability
of the person. Within the UN, extensive standards have been developed which,
particularly since the 1960s, have been laid down in numerous conventions, declarations
and resolutions, and which bring already recognized rights and matters of policy which
affect human development into the sphere of human rights. Concern that a broad
definition of human rights may lead to the notion of ‘violation of human rights’ losing
some of its significance has generated a need to distinguish a separate group within the

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broad category of human rights. Increasingly, the terms ‘elementary’, ‘essential’, ‘core’
and ‘fundamental’ human rights are being used.
Another approach is to distinguish a number of ‘basic rights’, which should be given
absolute priority in national and international policy. These include all the rights which
concern people’s primary material and non-material needs. If these are not provided, no
human being can lead a dignified existence. Basic rights include the right to life, the right
to a minimum level of security, the inviolability of the person, freedom from slavery and
servitude, and freedom from torture, unlawful deprivation of liberty, discrimination and
other acts which impinge on human dignity. They also include freedom of thought,
conscience and religion, as well as the right to suitable nutrition, clothing, shelter and
medical care, and other essentials crucial to physical and mental health.
Mention should also be made of so-called ‘participation rights’; for instance, the right to
participate in public life through elections (which is also a political right; see above) or to
take part in cultural life. These participation rights are generally considered to belong to
the category of fundamental rights, being essential preconditions for the protection of all
kinds of basic human rights.

OTHER CLASSIFICATIONS
Freedoms
Preconditions for a dignified human existence have often been described in terms of
freedoms (e.g. freedom of movement, freedom from torture and freedom from arbitrary
arrest). United States President Franklin D. Roosevelt summarized these preconditions in
his famous ‘Four Freedoms Speech’ to the United States Congress on 26 January 1941:
▪ Freedom of speech and expression;
▪ Freedom of belief (the right of every person to worship God in his own way);
▪ Freedom from want (economic understandings which will secure to every
nation a healthy peace-time life for its inhabitants); and

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▪ Freedom from fear (world-wide reduction of armaments to such a point and in


such a thorough fashion that no nation would be able to commit an act of
physical aggression against any neighbour).
Roosevelt implied that a dignified human existence requires not only protection from
oppression and arbitrariness, but also access to the primary necessities of life.
Civil liberties
The concept of ‘civil liberties’ is commonly known, particularly in the United States,
where the American Civil Liberties Union (a non-governmental organization) has been
active since the 1920s. Civil liberties refer primarily to those human rights which are laid
down in the United States Constitution: freedom of religion, freedom of the press,
freedom of expression, freedom of association and assembly, protection against
interference with one’s privacy, protection against torture, the right to a fair trial, and the
rights of workers. This classification does not correspond to the distinction between civil
and political rights.
Individual and collective rights
Although the fundamental purpose of human rights is the protection and development of
the individual (individual rights), some of these rights are exercised by people in groups
(collective rights). Freedom of association and assembly, freedom of religion and, more
especially, the freedom to form or join a trade union, fall into this category. The collective
element is even more evident when human rights are linked specifically to membership of
a certain group, such as the right of members of ethnic and cultural minorities to preserve
their own language and culture. One must make a distinction between two types of rights,
which are usually called collective rights: individual rights enjoyed in association with
others, and the rights of a collective.
The most notable example of a collective human right is the right to self-determination,
which is regarded as being vested in peoples rather than in individuals ( Articles 1 ICCPR
and ICESCR). The recognition of the right to self-determination as a human right is
grounded in the fact that it is seen as a necessary precondition for the development of the

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individual. It is generally accepted that collective rights may not infringe on universally
accepted individual rights, such as the right to life and freedom from torture.
First, second and third generation rights
The division of human rights into three generations was first proposed by Karel Vasak at
the International Institute of Human Rights in Strasbourg. His division follows the
principles of Liberate, equality and Fraternity of the French Revolution.
First generation rights are related to liberty and refer fundamentally to civil and political
rights. The second generation rights are related to equality, including economic, social
and cultural rights. Third generation or ‘solidarity rights’ cover group and collective
rights, which include, inter alia, the right to development, the right to peace and the right
to a clean environment. The only third generation right which so far has been given an
official human rights status - apart from the right to self determination, which is of longer
standing - is the right to development.
The Vienna Declaration confirms the right to development as a collective as well as an
individual right, individuals being regarded as the primary subjects of development.
Recently, the right to development has been given considerable attention in the activities
of the High Commissioner for Human Rights. Adoption of a set of criteria for the periodic
evaluation of global development partnerships from the perspective of the right to
development by the Working Group on the Right to Development, in January, 2006,
evidence the concrete steps being taken in this area. The EU and its member states also
explicitly accept the right to development as part of the human rights concept.
While the classification of rights into ‘generations’ has the virtue of incorporating
communal and collective rights, thereby overcoming the individualist moral theory in
which human rights are grounded, it has been criticized for not being historically accurate
and for establishing a sharp distinction between all human rights. Indeed, the concept of
generations of rights is at odds with the Teheran Proclamation and the Vienna Declaration
and Programme of Action, which establish that all rights are indivisible, interdependent
and interrelated.

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Fundamental Rights – Nature, Scope and importance

India guarantees set of rights considered essential for protecting human dignity which is
known as Fundamental Rights. The Fundamental Rights, as embedded in the Indian
Constitution, ensure equal and fair treatment of the citizens before the law. The rights that
are basic to the advancement of the human race are called Fundamental Rights. All other
rights are derived from these rights as direct implications or application of their
principles. It is an accepted belief among the philosophers that these rights are nothing
but “natural human rights”, which distinguish between humans and animals and which
have been so instrumental in bringing humans from the stone age to the present age.
Among all, the right to life and liberty is considered to be the most basic.

The history of legally enforceable fundamental rights probably starts from Magna Carta,
which was a list of rights extracted from Kind John by the people of England in 1214
AD. This was followed by the “Bill of Rights” in 1689 in which Englishmen were given
certain civil and political rights that could not be taken away. Later on the French
compiled the “Declaration of the rights of Man and of the Citizen” after the French
Revolution in 1789.

The most important advancement in history of fundamental rights occurred when the
USA incorporated certain fundamental rights in the form on “Bill of Rights” in their
constitution by the way of first 10 amendments. These rights were deemed to be beyond
the vagaries of politics. The protection by the constitution meant that these rights could
not be put to vote and were not dependent on the whims of politicians or of the
majority. After this, nearly all democracies of the world have given a constitutional
sanctity to certain inalienable rights available to their citizens.

Fundamental Rights are the basic rights of the people and the charter of rights contained
in Part III of Constitution of India. It guarantees civil liberties such that all Indians can

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lead their lives in peace and harmony as citizens of India. These include individual rights
common to most liberal democracies, such as equality before law, freedom of
speech and expression, religious and cultural freedom and peaceful assembly, freedom to
practice religion, and the right to constitutional remedies for the protection of civil
rights by means of writs such as habeas
corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. Violation of these rights
result in punishments as prescribed in the Indian Penal Code or other special laws, subject
to discretion of the judiciary. The Fundamental Rights are defined as basic human
freedoms that every Indian citizen has the right to enjoy for a proper and harmonious
development of personality. These rights universally apply to all citizens, irrespective
of race, place of birth, religion, caste or gender. However, in case of fundamental rights
violation, Supreme court of India can be approached directly for ultimate justice
per Article 32. The Rights have their origins in many sources, including England's Bill of
Rights, the United States Bill of Rights and France's Declaration of the Rights of Man.

The Fundamental Rights are not absolute and are subject to reasonable restrictions as
necessary for the protection of public interest. In the Kesavananda Bharati v. State of
Kerala case in 1973, the Supreme Court, overruling a previous decision of 1967, held that
the Fundamental Rights could be amended, subject to judicial review in case such an
amendment violated the basic structure of the Constitution. The Fundamental Rights can
be enhanced, removed or otherwise altered through a constitutional amendment, passed
by a two-thirds majority of each House of Parliament

Need for Fundamental Rights


1. Rule of Law – These rights are a protection to the citizens against the govt. and
are necessary for having the rule of law and not of a govt. or a person. Since
explicitly given by the constitution to the people, these rights dare not be

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transgressed by the authority. The govt. is fully answerable to the courts and is
fully required to uphold these rights.
2. First fruits of the freedom struggle – After living in subjugation for such a long
time, people had forgotten what is meant by freedom. These rights give people
hope and belief that there is no stopping to their growth. They are free from the
whims of the rulers. In that sense, they are first fruits of the lengthy freedom
struggle and bring a sense of satisfaction and fulfillment.
3. Quantification of Freedom – Even citizens in gulf countries or communist
countries are free. Then how is our freedom different from theirs? The list of
fundamental rights is a clear measurement for how free we really are. As an
example, every Indian citizen in free to practice a religion of his choice, but that is
not so in the gulf countries. Our right to speech and expression allows us to freely
criticize the govt. but this is not so in China.

Fundamental Rights in India.

Technically speaking, the rights specified in Part III (Art 12 to 35) of the constitution are
the fundamental rights available to the citizens of India. In the case of Menaka Gandhi vs
Union of India AIR 1978, J. Bhagvati has said that these rights represent the values that
are cherished by the people of this country since the vedic ages and are calculated to
protect the dignity of individual and to create conditions in which every human being is
able to develop his personality to the fullest. These rights are necessary for a human being
for attaining full social, intellectual, and spiritual status.

These rights can be grouped into 6 categories –


1. Articles 14-18 Right to Equality – Art. 14 ensures that all citizens are treated
equally. It enshrines the principle of “Equality before law and Equal protection of
law”. However, this brings us to an important question. Should people living in
unequal circumstance be treated equally? In Indian Constitution, the answer is a
resounding no. We have adopted the mantra of “equal treatment under equal

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circumstances”. This is reflected in Art 15, which, while prohibits the state from
discriminating between the citizens only on the grounds of Caste, Race, Religion,
Sex, and Place of Birth or all of them[ Art 15(1) ], also allows the state to make
special provisions for Women and Children [Art 15(3)] and for Backward classes
[Art 15(4)]. Art. 16 takes the same principle further to employment in govt. jobs.
Art. 17 abolishes untouchability and Art. 18 abolishes various titles such as Rai
Bahadur that used to be given in the British rule.
2. Articles 19-22 Right to Freedom – A citizen of India is given freedom of Speech
and Expression, freedom of Assembly, freedom of Association, freedom of
Movement, freedom of Residence, and Freedom of Profession and Occupation
through Art. 19.
20 gives protection with respect to conviction of offenses. This includes the
principles of
• Ex-post facto law: A person can only be with charged with an offence of an action
if the said action was illegal as per the law of the time when the action was
committed.
• Double jeopardy: A person cannot be charged with the same crime if he has
already been produced before the court and a verdict has been pronounced.
• Self- incrimination: A person will not be forced to testify against himself.

Art. 21, which is the most important and diverse of all the rights to freedom, is the
Protection of Life and Personal Liberty. SC in Menaka Gandhi v Union of India AIR
1978 was a landmark case that gave wide interpretation of this right. In this case the SC
held that his right is not only about having any kind of life but a life of dignity. The
freedom is not just physical but mental as well as spiritual. This encompasses
several rights such as right to travel abroad (Satvant Singh v Ass. Passport Office AIR
1967) and right to pollution free water and air (Subhash Kumar v State of Bihar AIR
1991). Further, Constitution Amendment Act 86, 2002 makes free and compulsory
education to children under 14 a fundamental right.

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Art. 22 gives protection from illegal arrest or detention. It provides that a person must be
informed of the grounds of arrest as soon as possible, be allowed to speak to a lawyer of
his choice, and be produced before a magistrate within 24 hrs. of detention.
3. Art 23-24 Right Against Exploitation – Under Art. 23, the govt. has banned trade
in human beings. This includes flesh trade and forced work or work without pay
(begar system).
24 prohibits children from being employed in factories and hazardous conditions.
4. Art 25-28 Freedom of Religion – Unlike several countries of the world, we are
free to practice, profess, and propagate any religion under Art. 25. Art. 26 allows
us to establish and maintain institutions for religious and charitable purposes. It
also gives the right to manage our own religious matters. Art. 27 provides tax
benefits for promotion of religion and art. 28 prohibits religious teaching in govt.
and govt. aided schools.
5. 29-30 Cultural and Educational Rights – Art. 29 allows any section of citizens
living anywhere in India who have a distinct language, script, or culture, to
preserve the same. Art. 30 allows minorities to establish and maintain educational
institutions. To prevent discrimination, however, art 29(2) prohibits them from
discrimination in admissions only on the grounds of religion, race, caste,
language, or any of them.
6. Art 32 Right to Constitutional Remedies – Dr. Ambedkar, the chief architect of
our constitution, has said that Article 32 is the soul of our constitution. All the talk
of rights is useless if there is no recourse against their transgression. Under this
article, a citizen is free to go to the Supreme Court for violation of his rights.

Fundamental rights in Indian constitution


The Fundamental Rights are not absolute and are subject to reasonable restrictions as
necessary for the protection of public interest. In the Kesavananda Bharati v. State of
Kerala case in 1973, the Supreme Court, overruling a previous decision of 1967, held that

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the Fundamental Rights could be amended, subject to judicial review in case such an
amendment violated the basic structure of the Constitution. The Fundamental Rights can
be enhanced, removed or otherwise altered through a constitutional amendment, passed
by a two-thirds majority of each House of Parliament. The imposition of a state of
emergency may lead to a temporary suspension any of the Fundamental Rights, excluding
Articles 20 and 21, by order of the President. The President may, by order, suspend the
right to constitutional remedies as well, thereby barring citizens from approaching the
Supreme Court for the enforcement of any of the Fundamental Rights, except Articles 20
and 21, during the period of the emergency. Parliament may also restrict the application
of the Fundamental Rights to members of the Indian Armed Forces and the police, in
order to ensure proper discharge of their duties and the maintenance of discipline, by a
law made under Article 33. The fundamental rights of Indian citizens are as under:

Right to Equality
The Right to Equality is one of the chief guarantees of the Constitution. It is embodied in
Articles 14–16, which collectively encompass the general principles of equality before
law and non-discrimination, and Articles 17–18 which collectively further the philosophy
of social equality. Article 14 guarantees equality before law as well as equal protection of
the law to all persons within the territory of India. This includes the equal subjection of
all persons to the authority of law, as well as equal treatment of persons in similar
circumstances. The latter permits the State to classify persons for legitimate purposes,
provided there is a reasonable basis for the same, meaning that the classification is
required to be non-arbitrary, based on a method of intelligible differentiation among those
sought to be classified, as well as have a rational relation to the object sought to be
achieved by the classification.
Article 15 prohibits discrimination on the grounds only of religion, race, caste, sex, place
of birth, or any of them. This right can be enforced against the State as well as private
individuals, with regard to free access to places of public entertainment or places of

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public resort maintained partly or wholly out of State funds. However, the State is not
precluded from making special provisions for women and children or any socially and
educationally backward classes of citizens, including the Scheduled Castes and Scheduled
Tribes. This exception has been provided since the classes of people mentioned therein
are considered deprived and in need of special protection. Article 16 guarantees equality
of opportunity in matters of public employment and prevents the State from
discriminating against anyone in matters of employment on the grounds only of religion,
race, caste, sex, descent, place of birth, place of residence or any of them. It creates
exceptions for the implementation of measures of affirmative action for the benefit of any
backward class of citizens in order to ensure adequate representation in public service, as
well as reservation of an office of any religious institution for a person professing that
particular religion.
The practice of untouchability has been declared an offence punishable by law under
Article 17, and the Protection of Civil Rights Act, 1955 has been enacted by the
Parliament to further this objective. Article 18 prohibits the State from conferring any
titles other than military or academic distinctions, and the citizens of India cannot accept
titles from a foreign state. Thus, Indian aristocratic titles and title of nobility conferred by
the British have been abolished. However, awards such as the Bharat Ratna have been
held to be valid by the Supreme Court on the ground that they are merely decorations and
cannot be used by the recipient as a title.
Right to Freedom
The Right to Freedom is covered in Articles 19–22, with the view of guaranteeing
individual rights that were considered vital by the framers of the Constitution, and these
Articles also include certain restrictions that may be imposed by the State on individual
liberty under specified conditions. Article 19 guarantees six freedoms in the nature of
civil rights, which are available only to citizens of India. These include the freedom of
speech and expression, freedom of assembly without arms, freedom of
association, freedom of movement throughout the territory of our country, freedom to
reside and settle in any part of the country of India and the freedom to practice any

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profession. All these freedoms are subject to reasonable restrictions that may impose on
them by the State, listed under Article 19 itself. The grounds for imposing these
restrictions vary according to the freedom sought to be restricted, and include national
security, public order, decency and morality, contempt of court, incitement to offences,
and defamation. The State is also empowered, in the interests of the general public to
nationalize any trade, industry or service to the exclusion of the citizens.
The freedoms guaranteed by Article 19 are further sought to be protected by Articles 20–
22. The scope of these articles, particularly with respect to the doctrine of due process,
was heavily debated by the Constituent Assembly. It was argued, especially by Benegal
Narsing Rau, that the incorporation of such a clause would hamper social legislation and
cause procedural difficulties in maintaining order, and therefore it ought to be excluded
from the Constitution altogether. The Constituent Assembly in 1948 eventually omitted
the phrase "due process" in favour of "procedure established by law". As a result, Article
21, which prevents the encroachment of life or personal liberty by the State except in
accordance with the procedure established by law, was, until 1978, construed narrowly as
being restricted to executive action. However, in 1978, the Supreme Court in the case
of Maneka Gandhi v. Union of India extended the protection of Article 21 to legislative
action, holding that any law laying down a procedure must be just, fair and
reasonable, and effectively reading due process into Article 21. In the same case, the
Supreme Court also ruled that "life" under Article 21 meant more than a mere "animal
existence"; it would include the right to live with human dignity and all other aspects
which made life "meaningful, complete and worth living". Subsequent judicial
interpretation has broadened the scope of

Right against Exploitation


Child labour and Begar is prohibited under the Right against Exploitation. The Right
against Exploitation, contained in Articles 23–24, lays down certain provisions to prevent
exploitation of the weaker sections of the society by individuals or the State. Article 23
prohibits human trafficking, making it an offence punishable by law, and also
prohibits forced labour or any act of compelling a person to work without wages where he

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was legally entitled not to work or to receive remuneration for it. However, it permits the
State to impose compulsory service for public purposes,
including conscription and community service. The Bonded Labour system (Abolition)
Act, 1976, has been enacted by Parliament to give effect to this Article. Article 24
prohibits the employment of children below the age of 14 years in factories, mines and
other hazardous jobs. Parliament has enacted the Child Labour (Prohibition and
Regulation) Act, 1986, providing regulations for the abolition of, and penalties for
employing, child labour, as well as provisions for rehabilitation of former child labourers.

Right to Freedom of Religion

The Right to Freedom of Religion, covered in Articles 25–28, provides religious


freedom to all citizens and ensures a secular state in India. According to the Constitution,
there is no official State religion, and the State is required to treat all religions impartially
and neutrally. Article 25 guarantees all persons the freedom of conscience and the right to
preach practice and propagate any religion of their choice. This right is, however, subject
to public order, morality and health, and the power of the State to take measures for social
welfare and reform. The right to propagate, however, does not include the right
to convert another individual, since it would amount to an infringement of the other's
right to freedom of conscience. Article 26 guarantees all religious denominations and
sects, subject to public order, morality and health, to manage their own affairs in matters
of religion, set up institutions of their own for charitable or religious purposes, and own,
acquire and manage property in accordance with law. These provisions do not derogate
from the State's power to acquire property belonging to a religious denomination. The
State is also empowered to regulate any economic, political or other secular activity
associated with religious practice. Article 27 guarantees that no person can be compelled
to pay taxes for the promotion of any particular religion or religious institution. Article 28
prohibits religious instruction in a wholly State-funded educational institution, and
educational institutions receiving aid from the State cannot compel any of their members
to receive religious instruction or attend religious worship without their (or their
guardian's) consent.

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Cultural and Educational Rights


The Cultural and Educational rights, given in Articles 29 and 30, are measures to protect
the rights of cultural, linguistic and religious minorities, by enabling them to conserve
their heritage and protecting them against discrimination. Article 29 grants any section of
citizens having a distinct language, script culture of its own, the right to conserve and
develop the same, and thus safeguards the rights of minorities by preventing the State
from imposing any external culture on them. It also prohibits discrimination against any
citizen for admission into any educational institutions maintained or aided by the State, on
the grounds only of religion, race, caste, language or any of them. However, this is
subject to reservation of a reasonable number of seats by the State for socially and
educationally backward classes, as well as reservation of up to 50 percent of seats in any
educational institution run by a minority community for citizens belonging to that
community.
Article 30 confers upon all religious and linguistic minorities the right to set up and
administer educational institutions of their choice in order to preserve and develop their
own culture, and prohibits the State, while granting aid, from discriminating against any
institution on the basis of the fact that it is administered by a religious or cultural
minority. The term "minority", while not defined in the Constitution, has been interpreted
by the Supreme Court to mean any community which numerically forms less than 50% of
the population of the state in which it seeks to avail the right under Article 30. In order to
claim the right, it is essential that the educational institution must have been established
as well as administered by a religious or linguistic minority. Further, the right under
Article 30 can be availed of even if the educational institution established does not
confine itself to the teaching of the religion or language of the minority concerned, or a
majority of students in that institution do not belong to such minority. This right is subject
to the power of the State to impose reasonable regulations regarding educational
standards, conditions of service of employees, fee structure, and the utilization of any aid
granted by it.

Right to Constitutional Remedies

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The Right to Constitutional Remedies empowers citizens to approach the Supreme Court
of India to seek enforcement, or protection against infringement, of their Fundamental
Rights. Article 32 provides a guaranteed remedy, in the form of a Fundamental Right
itself, for enforcement of all the other Fundamental Rights, and the Supreme Court is
designated as the protector of these rights by the Constitution. The Supreme Court has
been empowered to issue writs, namely habeas
corpus, mandamus, prohibition, certiorari and quo warranto, for the enforcement of the
Fundamental Rights, while the High Courts have been empowered under Article 226 –
which is not a Fundamental Right in itself – to issue these prerogative writs even in cases
not involving the violation of Fundamental Rights. The Supreme Court has the
jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of
any violation, award compensation as well to the affected individual this right cannot be
suspended, except under the provisions of Article 359 when a state of emergency is
declared.

Scope of Fundamental Rights

Widest Possible Interpretation – SC in A K Gopalan v State of Madras AIR 1950 had


held that the various rights given under part III talk about different things and are not be
interlinked. This view, however, has been rightly rejected by the SC in Menaka Gandhi v
Union of India AIR 1978 case. In this case, J Bhagvati said that the role of SC should be
to interpret these rights in the widest possible manner and it should not attenuate these
rights by being confined to their narrow definition. All these rights are not mutually
exclusive and form an integrated theme of the constitution. J Beg said that their waters
must mix to form a grand flow of unimpeded and impartial justice. Thus, any law that
takes away the life or liberty of a person, must also satisfy the test of reasonableness
under art. 14.
Natural Justice and Due Process

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In Menaka Gandhi’s case, SC has held that any law that takes away the life or liberty of a
person under art. 21, must be just, fair, and reasonable. It must satisfy the principle of
natural justice, which is a basic component of fair procedure under Art. 21. While Art 21
does not contain the “due process” clause of the American Constitution, the effect is the
same because natural justice is a distillate of due process i.e. natural justices can only be
delivered through due process.

Absoluteness of Fundamental Rights

“Your freedom ends where my freedom starts” is a well-known saying. The constitution
gives you the right to propagate your religion. But does that mean you should force me to
hear religious activities over the loudspeaker? The constitution gives you the freedom of
speech and expression. But does that mean you can publish and sell pornography freely in
open market?
These things clearly tell us that no right is absolute. Indian Constitution also takes the
same stand and specifies the limits of these rights. These rights extend only until they do
not affect security of the state, public order, and social decency. The constitution allows
reasonable restrictions to be placed on these rights. SC in A K Gopalan v State of Madras
1950 has also held that Fundamental Rights are not absolute. Suspension of Fundamental
Rights

Indian Constitution was written after a thorough analysis of existing constitution of the
world. The framers of the constitution have incorporated the good things from all the
places. As such it is more fair and consistent than religious books. It is for the foresight of
the framers of the constitution that the country is integrated and has progressed. While the
framers had thought about a lot of things, the one thing that they probably missed was the
safeguards against the degrading morality of politicians.

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Relationship between the Fundamental Rights, Directive Principles and


Fundamental Duties

The Directive Principles have been used to uphold the Constitutional validity of
legislations in case of a conflict with the Fundamental Rights. Article 31C, added by the
25th Amendment in 1971, provided that any law made to give effect to the Directive
Principles in Article 39(b)–(c) would not be invalid on the grounds that they derogated
from the Fundamental Rights conferred by Articles 14, 19 and 31. The application of this
article was sought to be extended to all the Directive Principles by the 42nd Amendment
in 1970, but the Supreme Court struck down the extension as void on the ground that it
violated the basic structure of the Constitution.The Fundamental Rights and Directive
Principles have also been used together in forming the basis of legislation for social
welfare. The Supreme Court, after the judgement in the Kesavananda Bharati case, has
adopted the view of the Fundamental Rights and Directive Principles being
complementary to each other, each supplementing the other's role in aiming at the same
goal of establishing a welfare state by means of social revolution. Similarly, the Supreme
Court has used the Fundamental Duties to uphold the Constitutional validity of statutes
which seeks to promote the objects laid out in the Fundamental Duties. These Duties have
also been held to be obligatory for all citizens, subject to the State enforcing the same by
means of a valid law. The Supreme Court has also issued directions to the State in this
regard, with a view towards making the provisions effective and enabling a citizens to
properly perform their duties

Human Rights in India and its protection


In India the idea of human rights is not a contribution of western countries. These rights
are a common heritage of glorious past. Of course, the enjoyment of these rights was not
open to all segments of the society. There was no uniform application of these freedoms
as the society was a caste-ridden hierarchical one. Throughout the period of liberation
movement, Indians fought for the protection of their human rights such as political
freedom and right of self-determination.

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After independence, the constitution of India was formulated with a guarantee of


fundamental rights and freedom. In conformity with the United Nations Declaration of
Human Rights, Part III of the Indian Constitution provides six types of Fundamental
Rights. All citizens are made equal in the enjoyment of rights and opportunities. At the
same time special care is taken for protecting the interests of the weaker sections of the
society through the policy of protective discrimination. There is reservation of seats for
these weaker sections in the legislature and employment in government jobs.
The Constitution of India not only provides six fundamental rights to citizens but also has
made them enforceable. The cases of the violation of human rights are alleged to be
plenty which have taken different forms in different times. The examples are communal
violence, caste rivalry, starvation death, exploitation of workers, domestic violence,
custodian violence, sexual violence, social discrimination etc. For the eradication of these
violence’s, a democratic polity, parliamentary form of government and an impartial and
independent judiciary have been established.
India has been committed to ensure the protection and preservation of these rights.
Judiciary has been separated from the executive. With the power of judicial review, the
Supreme Court is empowered to strike down any law of the legislature and any order of
the executive if they violate the fundamental rights of the people.
With the right to constitutional remedies, a citizen can move to court for getting the
enforcement of the fundamental rights. For the eradication of poverty, hunger, disease,
unemployment, illiteracy etc., India is committed to realize economic development
through socio-economic planning. It has adopted the principle of economic liberalisation
and world economy with its New Economic Policy of 1991 and has become the member
of World Trade Organisation (WTO) in 1995.
Since 1980s, new types of mechanisms have been evolved for the protection of human
rights of the poor, exploited and other disadvantaged groups of people. The system of free
legal aid for the poor, the creation of Fast Track Courts and Special Courts for the speedy
trial of cases, and the system of Public Interest Litigation are designed for the protection
of the rights of the people.

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The Supreme Court of India is recognizing Public Interest Litigations to a great extent. It
enables social activists and conscious citizens to appeal for the protection of the human
rights of the weaker sections of the society. The judiciary has been activated with these
Public Interest Litigations and directing various governmental and private bodies to
ensure the rights of the people. The Judiciary also orders for the appointment of Inquiry
Commissions to investigate and report regarding the cases of violation of human rights.

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