Chapter-1
INTRODUCTION
1.1
Preamble
Human rights are the natural rights of human beings. No scholar, thinker or religion till now has
defined or explained human rights in a way acceptable to all. However, contrary to what its
critics say, it is certainly not some kind of imaginary right or abstract longing. It is also not a
panacea or a solution to the problems and the follies prevalent in society. Human rights is
another name for the inalienable rights that humans are born with and can utilize without any
hindrance. From embryo to birth and from birth to death, a human being has the right to enjoy
fundamental rights without any obstructions and without any fear or threat from anyone: this is
the premise of "human rights." These natural and inalienable rights, acquired by humans on the
very basis of their birth on this earth, can be broader and more extensive than the constitutional
limits of a country. Hence, human rights are taken as rights that are universal, indivisible and
inalienable and bound up with human existence.
The concept of human rights is not the outcome of any one particular age. It is a compendium of
natural, civil, political, economic, social and cultural rights, that are the creation of the human
mind and are the embodiment of the history of human civilizations. There is no doubt that there
is no artificial division between all these rights and that they are complementary to each other.
New dimensions have been added to the concepts of human rights with the development of
human civilization, and with every stage of civilization the feelings towards these rights have
extended and undergone changes. Human rights are universally applicable to human beings all
over the world.
Looking at the definition of human rights in national laws, they have been taken as a group of
rights mentioned in a particular document. The Human Rights Commission Act of 1997 has
defined human rights as "the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the constitution and other prevailing laws as well as the rights embodied in
international treaties related to human rights to which Nepal is a State party."
Although the prevalent concept of human rights seems to be highly influenced by the religious,
social, political and intellectual traditions of western countries, it is nonetheless not an outcome
of a particular period, society, culture, religion, territory and political value and system. There
are plenty of references to human rights in oriental mythologies. In ancient times the political
system and all other matters were governed by religion. Since religion also included the law,
human rights and issues related to duty were guided by religion. Although human rights may be
defined in various ways, one has to say that human rights in essence means that, keeping human
values and human dignity as its centre point, it is the right necessary for living in accordance
with such dignity. The history of the development process of human rights is a compendium of
the experiences of the ages, contributions of various scholars, and national and international
efforts in this regard. The history of continuous resistance, rebellion and movement against
injustice, cruelty, repression and exploitation from ancient times is also the history of the
human rights movement.