Dynamics of Human Rights in a Federal Polity: The Indian Experience (Essay‪)‬

Human right is the equal right of all humans to define their individual and collective identities. The promotion and protection of human rights in contemporary Indian plural society cannot be simply reduced to the universal principle of human rights. The contemporary views on human rights are viewed in widely accepted Western modern traditions and liberal democracy which accord primacy to universality of rights, principle of equality and individual as the claimant of rights. (1) These serious concerns of the western human rights opinions negate or at least reduce the possibilities of expression and articulation of cultural pluralism, the contesting idea of group differentiated rights and community as the focus of rights and justice. The principle of universal applicability of rights and its prime concern for individual freedom and liberty is restricted by the demands of cultural plurality and specificity of community. The idea of individual liberty and the principle of equality have been important in many respects, but in its ultimate analysis they contradict the interests of the community and claims of rights of the groups. Therefore, the promotion and protection of human rights along the western line and liberal democracy appears as a complex problem. The redressal of the minority specific problems, their specific cultural identity and rights and their accommodation in a just manner call for a shift from reductionist conception of rights to the group and community sensitive approach to human rights. (2) At the same time, it, however, does not mean negation of the certain basic human rights of individuals such as right to life and liberty, equality and right to nondiscrimination which have been conceptualized and advanced through different human rights declarations, conventions and covenants.