Prof. Ali A. Firdausi (Jamia hamdard)
New Delhi: Though incompatible by nature, religion and human rights have always been widely discussed. Ironically, the human rights given by religion is confined to its followers only, where as the universal human rights are inalienable and are common to every human being, without any favors or biases. To understand their specific domains we have to discuss them, separately.
RELIGION
Incidentally this word has a very recent origin. It was only during 19th century that this word came into usage to denote the grouping of people, based on their allegiance to certain types of collective faith. The expressions such as Buddhism or Hinduism were founded only only in 19th century. Religion in its present usage is a western terminology, otherwise, Hinduism was a codified Dharma or Astha and Islam was Deen. The word religion is derived from religare or religio, both having Latin and old French Latin origin, respectively. Their meaning being to bind or having obligations.
By definition, religion is ‘self validation of a society by means of myth and rituals'( Emile Durkheim). It is also a system of symbols, by means of which the believers orient themselves in society with reference to ordinary and extraordinary powers, meaning and values (CL Albanese). Or else, in words of EB Taylor, it’s a belief in spiritual being. Religion has its own strict code of conduct, specific rituals and several myths and strong feel of ‘we’ versus ‘they’. All religions work within defined boundaries and have the following characteristics:
1. Belief in supernatural beings;
2. Sacred & profane (against religion)
Objects, Places and Time;
3. Rituals focused on Sacred objects,
places;
4. Prayers and other forms of
communication!
5. Moral Code with Supernatural origin; and
6. A social group bound by the above.
The elements of religion, therefore, are myths & stories, Sacred Texts, Symbols, rituals and ethics and morality.
HUMAN RIGHTS
By definition human rights are moral principles that describe standards of human behavior and these principles are protected as natural and legal rights and they belong to every individual from birth until death. They’re based on shared values such as dignity, fairness, equality, respect and independence.
The history of human rights has its roots in set of laws called Hammurabi’s Code. Hammurabi was a Babylonian king. Greek philosopher Plato, also advocated for universal standards of ethical conduct. The Roman thinker, Cicero, laid down the foundations of natural law and human rights in his book, The Law.
However, the focus on the rights of a common man started from the Magna Carta Libertatum, the Great Charter, of 1215 when the king of England agreed to give away some of his vital rights. This was followed by Petition of Rights in UK (1628), American Declaration of Independence (1778) and the French Declaration of the Rights of Man and of Citizen (1789). The term ‘right of man’ was used by you Thomas Paine, while translating the French Declaration, in English.
In recent times Lady Eleanor Roosevelt, wife of Franklin D Roosevelt, former President of America (1933–45), suggested in1945, that the term ‘Right of Man’ should be changed to ‘Human Rights’.
The devastating effects of the second World War prompted the world to ensure peace, social justice and security to every citizen. This thinking resulted in establishment of United Nations Organization (UNO) on 24th October 1945, with 51 countries as its member. Presently, the number of member countries is 193.
UN DECLARATION OF UNIVERSAL HUMAN RIGHTS (UDHR)
This important document was approved by the UN General Assembly on 10th December, 1948. The 3rd UN Session was held at Palais De Chaillot in Paris and was presided over by Lady Eleanor Roosevelt. The Resolution No 217 was passed without any opposition but eight countries, six from the Russian Block, South Africa and Saudi Arabia abstained, while Yemen and Honduras failed to vote or abstain. The rest 48 countries voted in favour of the Resolution.
This Resolution include 30 Articles and a few sub sections. These Articles, irrespective of religion, race, gender, region and language are applicable to every human being, anywhere in the world. Some of the universal provisions on the human rights, as enshrined in the Resolution are:
— Right to life, equality and dignity;
— Right to liberty, security, family and
privacy;
— Freedom of religion and freedom to
manifest religion in teaching, practice
and worship;
— Freedom to change and choose religion;
— Freedom of expression and movement; &
— Freedom to participate in cultural life of
the community.
Article II ensures that these rights are for everyone.
Based upon the above paragraphs the emerging characteristics of universal human rights are as follows:
1. Universal HR is inherent and not granted
by anyone;
2. It’s fundamental, as life without human
rights is meaningless;
3. It’s inalienable and it cannot be taken
away or given;
4. Rights are indivisible as everyone is
entitled to freedom, security and decent
standard of living;
5. Rights are universal irrespective of
origin, race, sex, status, religion and
political orientation; and
6. They’re interdependent as the fulfillment
of one can not be had without the
realization of others.
The basic elements of UHR, therefore,
include right to life, liberty, without discrimination, privacy, freedom of thought and social protection.
Before we go back to our initial discussions on religion and UHR, I would like to add some of the highlights of Indian Constitution, resembling UDHR.
INDIAN CONSTITUTION
The builders of Indian Constitution had the benefits of having UDHR with them. Our Constitution, therefore, is the most progressive and inclusive in its character. Its Preamble is, globally, the best. It guaranteed justice, library, equality, promotion of fraternity and assured dignity of every individual. It gives fundamental rights such as freedom, equality and the right to constitutional remedies to every Indian. Its Directive Principles are the guidelines for effective governance of States. Indian Constitution has not mentioned name of any religion, even once. Thus, our Constitution has ensured all the human rights, mentioned in the UDHR.
CONCLUSION
The human rights given by the religion are by nature NOT UNIVERSAL. For example, the religious leader will decide whether X can marry Y or not. Can a person eat beef / pork or not. Can a lender ask for interest on money he lends to anybody. Should people drink liquor or not. Khap Panchayat prohits marriage between boy and girl belonging to same clan. A Muslim cannot marry a Hindu without conversion, otherwise, the children will be illegitimate.
Religion has a fixed boundary which doesn’t allow any crossing the line of its control. The human rights has its boundary of other kinds. As John Stuart Mill, supposedly, said ‘my right to swing my fist ends where your nose begins’.
Ibrahimic religions believe in afterlife and the hell for others and heaven for themselves. Brahmins don’t eat in Shudra’s house. Many Hindus call Muslims as Mlechh, unclean, Asur. Only upper caste Hindus are twice born and can wear sacred thread.
There are many moral issues where religion acts as gate keeper. These include homosexuality, Section 377, Rights of LGBT and so on.
Finally, religion and UHR are like a railroad track, always moving parallel but never join hands. The topical discussions on religion and human rights is, therefore, just ornamental and so will it, always, remain.
Prof. Ali A. Firdausi (Jamia hamdard) (aafirdausi@yahoo.com)