Role of Public Interest Litigation in Development of Human Rights Jurisprudence
| Vol-4 | Issue-5 | May 2019 | Published Online: 15 May 2019 PDF ( 176 KB ) | ||
| Author(s) | ||
| Pawar Archna Adhik 1; Dr. D. K. Upadhay 2 | ||
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1Research Scholar, Department of LAW, Madhav University, Rajasthan (India) 2A.P., Department of LAW, Madhav University, Rajasthan (India) |
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| Abstract | ||
The idea of rights that are human, although often traced to western society is neither completely western in origin or very modern. It's the crystallisation of values or maybe moraise that're the common heritage of humanity. In India, values have been contained in as soon as inside the Rig Veda to the 3 civil liberties of Tana (body), Skridhi (dwelling house), and also jibasi (life). Long before Hobbes, the Indian epic Mahabharata described the civil liberty of the person in a political State. Ancient Indian culture was a very organized and well structured affair with the basic rights and also duties not just of people but also of classes, castes and communities obviously laid down. The idea of Dharma, the supreme law that governed the sovereign and also the subject alike massaged the basics active in the principle of rights, freedoms and responsibilities. Very long before the 2nd century B.C., there's mention of the law and elective kingship of nature that actually kings must follow on pain of deposition. Furthermore, kings have been needed to take a pledge never being arbitrary and also to act based on ―whatever law there's and whatever is determined by ethics but not opposed to politics. Kautilya, the writer of the political treatise, Arthashastra, not merely affirmed and elabourated the legal and civil rights initially developed by Manu but additionally included a selection of financial rights. While categorically asserting that an Arya can't ever be put through slavery, he ordains that ―the king shall give the orphan, the infirm, the aged, the afflicted and helpless with maintenance; he shall offer subsistence on the helpless expectant mothers and to the kids they give birth to. In the early time, private ownership in farm land wasn't realized. Ground couldn't be produced a personal property while by a decree on the King. Recognizing the institution of personal property as well as the individual's proprietary rights over different types of money, the Arthashastra claims that ―lands might be confiscated from people who didn't cultivate them and also provided to others. |
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| Keywords | ||
| Fundamental Rights, Human Rights, PIL etc. | ||
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