HUMAN RIGHTS, defined as the basic rights and freedoms inherent to all individuals, have evolved considerably in both scope and application in the modern era. Contemporary societies have increasingly acknowledged the importance of human rights not just in terms of civil and political liberties, but also economic, social, cultural, and environmental dimensions. Yet, the realization of these rights remains uneven, particularly in regions grappling with conflict, marginalization, and identity-based exclusions.
It is also imperative to note that the concept of human rights, though formally codified in modern times, is indeed as ancient as human civilization itself. The idea that individuals possess certain inherent rights and dignity has existed in various cultures, philosophies, and legal systems for thousands of years. Following is a brief overview tracing the historical evolution of human rights concepts:
1. Ancient Civilizations and Early Codes
- Hammurabi’s Code (c. 1754 BCE, Babylon): This is one of the earliest legal codes. It established laws based on justice and fairness, though hierarchical in nature.
- Ancient Indian Philosophy (Vedas, Upanishads): These philosophies emphasized on dharma (duty and justice), the sanctity of life, and human dignity.
- Confucianism (China): This school of thought promotes respect for human life, moral governance, and social harmony.
- Athenian Democracy: Athenians introduced the idea of citizen participation, freedom of speech, and equality before law, though limited to male citizens.
- Roman Law: The Romans developed the concept of natural law — rights based on reason and common human nature.
2. Religious and Philosophical Traditions
- Buddhism & Jainism stressed non-violence, compassion and intrinsic value of all beings.
- Confucianism believes in harmony between humans, justice, respect for one’s elders, loyalty to one’s family and friends which guide personal conduct, social relations, and governance, reflecting Confucius’ vision for a harmonious society.
- Christianity promoted the idea that all humans are created in the image of God, thus equal in dignity.
- Islamic Teachings emphasized justice, dignity, and the protection of orphans, women, and the poor.
3. Medieval to Enlightenment Period
- Magna Carta (1215, England): This Carta asserted the rights of nobles against the king, laying a foundation for legal rights.
- Natural Rights Philosophy (17th–18th Century): Thinkers like John Locke, Rousseau, and Montesquieu argued for inherent rights to life, liberty, and property.
4. Modern Milestones
- American Declaration of Independence, 1776: It asserted that “all men are created equal” with unalienable rights.
- French Declaration of the Rights of Man and of the Citizen, 1789: It proclaimed liberty, property, and security as fundamental rights.
- Abolitionist and Suffragette Movements, 19th Century: They extended rights discourse to slaves and women.
5. United Nations and the Codification of Rights
The atrocities of World War II led to the international community’s resolve to protect human
dignity, culminating in:
- Universal Declaration of Human Rights (UDHR), 1948
- International Covenant on Civil and Political Rights (ICCPR, 1966)
- International Covenant on Economic, Social & Cultural Rights (ICESCR, 1966)
The United Nations (UN) defines human rights as follows:
“Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination.” This definition is based on the Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly on 10 December 1948, which is considered the foundational international document on human rights.
Key Features of UN Human Rights:
- Universality: Apply to all people, everywhere, at all times.
- Inalienability: Cannot be taken away, though they may be restricted under certain legal conditions.
- Indivisibility: Civil, political, economic, social, and cultural rights are all equally important.
- Interdependence and interrelatedness: The fulfillment of one right often depends on the fulfillment of others.
- Equality and Non-Discrimination: All individuals are entitled to human rights without discrimination of any kind.
Understanding Human Rights in Contemporary Societies
1. Evolution and Expanding Scope
- First-generation rights: Civil and political rights (e.g., right to life, freedom of speech, rule of law).
- Second-generation rights: Economic, social, and cultural rights (e.g., education, health, housing).
- Third-generation rights: Collective and solidarity rights (e.g., environmental justice, indigenous rights, right to development).
2. Emerging Dynamics
- Intersectionality: Recognition of how gender, ethnicity, caste, and class affect the experience of rights.
- Globalization and Digital Rights: Access to internet, data privacy, and digital expression as human rights.
- Environmental Rights: Right to a clean and safe environment gaining prominence due to climate change.
- Security vs. Liberty: Struggles to balance counter-terrorism and national security with fundamental freedoms.
The Human Rights Landscape in North East India
North East India represents a compelling case study in this context. A region rich in ethnic diversity and cultural heritage, it has long experienced political instability, developmental neglect, and human rights violations — making it a microcosm for understanding the emerging dynamics of human rights in complex and contested spaces. Some of the important parameters to study the human rights landscape in North India are given below:
1. Geographic and Socio-political Context
North East India now comprises of eight states, which otherwise, the region was popularly known earlier as Seven Sisters. The eight states are – Assam, Arunachal Pradesh, Meghalaya, Manipur, Mizoram, Nagaland, Tripura, and Sikkim and are home to over 200 ethnic groups. The region is mostly landlocked and isolated from the rest of the country. It shares a long porous international border of 5,182 kilometres (3,220 mi) (about 99 per cent of its total geographical boundary) with several neighbouring countries such as China to the north, Myanmar to the east, Bangladesh to the south-west, Nepal to the west, and Bhutan to the north-west. The region is marked by the following characteristics:
- Ethnic nationalism and insurgency movements.
- Demand for autonomy, special status or even secession.
- Heavy militarization and deployment of security forces.
- Border disputes between North Eastern states and even international border disputes.
- Immigration from across the international borders especially from Bangladesh, Myanmar and Nepal.
- Widespread allegation of racial discriminations from mainland Indians.
- Frequent eruptions of ethnic conflicts.
2. Key Human Rights Challenges in the Region
a) Armed Conflict and Militarization
- Prolonged presence of the Armed Forces Special Powers Act (AFSPA) has led to widespread allegations of:
- Extrajudicial killings
- Torture and custodial deaths
- Sexual violence
- Enforced disappearances
- No punitive actions to the armed forces for violation of human rights
- Excessive use of forces in many instances where civil authorities could have intervened
b) Displacement and Land Rights
- Infrastructure projects (mega dams, highways, mining) and counter-insurgency
operations often lead to:
- Forced evictions
- Loss of ancestral land
- Disruption of traditional livelihoods
c) Cultural Marginalization and Identity Politics
- Indigenous communities often face:
- Lack of recognition of customary laws
- Imposition of dominant cultural narratives
- Infringement on language and religion
d) Gender and Human Rights
- Women face compounded vulnerabilities due to:
- Conflict-related violence
- Lack of political representation
- Underreporting of gender-based violence
- No right to inherit ancestral property except in Meghalaya
e) Developmental Exclusion
- North East India remains behind national averages in:
- Healthcare infrastructures & access to higher education
- Employment opportunities
- Connectivity and mobility
- Industrial development
- Institutions of national importance
Case Studies:
Case 1: Manipur – AFSPA and (i) Oinam Incident (ii) Ms. Irom Sharmila’s Protest
- The Oinam incident of 1987 and the Operation Bluebird launched by the Indian Security Forces that followed was a glaring example of human rights violations. This operation caught the attention of the world regarding the abuse of AFSPA. During the Operation, 27 persons were murdered and many more subsequently died as a result of severe torture. Three women were raped and five sexually assaulted while two women were forced to give birth in the open ground in front of Jawans. 340 persons were tortured and 125 houses were burned down, 172 houses, 10 churches and 6 schools were dismantled. All paddy fields were destroyed by cattle because villagers were grouped together in concentration camps for days.
- The killing of 10 civilians in Malom (2000) led activist Ms. Irom Sharmila to begin a 16-year hunger strike against Armed Forces (Special Power), Act, 1958 (AFSPA). This Act of the Indian Parliament grants special powers to the Indian Armed Forces to maintain public in disturbed areas. Her protest highlighted the brutality of state power and brought global attention to human rights violations in the region.
Case 2: NRC-CAA Debate in Assam
- The National Register of Citizens (NRC) and Citizenship Amendment Act (CAA)10 raised fears of statelessness and exclusion, particularly among indigenous and tribal communities.
- Concerns over ethnic identity, land rights, and demographic change intensified social unrest and human rights discourse.
- The indigenous people of North East do not want the region to be a dumping ground for foreigners.
- The debate on NRC-CAA was more pronounced in Assam even though other Northeastern states have also witnessed similar discourse on the issue.
Case 3: Indigenous Rights and Sixth Schedule in Meghalaya, Assam, Tripura and Mizoram
- The Sixth Schedule11 provides constitutional autonomy through Autonomous District Councils. The provisions of the Sixth Schedule are provided under Articles 244(2) and 275(1) of the Indian Constitution.
- This Sixth Schedule is applicable in all the Autonomous District Council of Meghalaya, some districts of Assam, Tripura and Mizoram.
- Despite legal safeguards, issues like land alienation, ill-governance persist.
- State Governments’ interference to the functioning of ADCs is rampantly reported.
Positive Developments and Human Rights Advocacy
1. Role of Civil Society
- Local NGOs, student organizations, and women’s groups play a critical role in:
- Documenting abuses
- Raising awareness
- Promoting indigenous rights
- Organizing protest against any oppressive law or actions of the state or nonstate actors
- Filing lawsuits in the Courts (both High Courts & Supreme Court) against various cases of human rights violations
- Publicity in both print & electronic media against cases of human rights violations
2. Judicial Interventions
- The Supreme Court has occasionally questioned the blanket use of AFSPA and emphasized the importance of human rights accountability (e.g., Extra Judicial Execution Victim Families Association case in Manipur). The Supreme Court pronounced a landmark judgment regarding alleged extrajudicial killings in Manipur, ordering a thorough inquiry into any allegation of excessive or retaliatory force by security forces resulting in death. The court established that such force was not permissible, even in areas under the Armed Forces Special Powers Act (AFSPA)
3. Rise of Youth and Digital Activism
- Social media has empowered young voices to challenge injustice, express dissent, and demand accountability.
- However, there have been instances of suppressing the freedom of expression and free journalism by the State agencies in the name of maintaining law and order.
4. International Pressure
- UN bodies and human rights watchdogs like Amnesty International and Human Rights Watch have spotlighted the region’s issues, contributing to policy debates.
- There were instances of western countries including United States of America and European countries raising concerns about human rights issues in North East and India in general.
Policy Recommendations
1. Repeal or Review AFSPA: Replace security-centric laws with rights-respecting frameworks.
2. Strengthen Local Governance: Empower Autonomous Councils with greater financial and legislative autonomy.
3. Other Autonomous District Councils in North East such as in Manipur may be upgraded with the provisions of Sixth Schedules for more effective local self-governance.
4. However, in the recent past more voices are emerging stating that the provisions of Sixth Schedules are not sufficient to meet the aspirations of the indigenous people. The Government may have to initiate constitutional amendments to address the genuine aspirations of the indigenous people in North East to ensure that their rights are protected.
5. Promote Inclusive Development: Ensure tribal and local communities are
stakeholders in development projects.
6. Preserve Cultural Rights: Support mother tongues, traditional institutions, and indigenous customs.
7. Protect Women’s Rights: Enact special protections and promote gender-sensitive policing and justice mechanisms.
8. Enhance Legal and Institutional Support: Establish regional human rights
commissions and legal aid services.
9. Build infrastructures and establish institutions of national importance for overall growth of the region.
10. Natural resources available in the region should be utilized in such a manner that they benefit the indigenous people of the region.
Conclusion
Human rights in contemporary societies are no longer confined to mere constitutional guarantees. They must be lived realities that respond to the evolving needs of diverse populations. In the North East, historical neglect, conflict, and identity struggles continue to challenge the full realization of these rights. However, grassroots activism, judicial engagement and increasing political awareness are reshaping the narrative. The path forward requires a human rights-centric governance model — one that upholds justice, autonomy, and dignity for all communities, especially those living at the margins. While the formal legal articulation of human rights is relatively modern, the values of dignity, justice, equality, and freedom have deep roots in ancient civilizations and moral philosophies. What the modern human rights movement has done is to unniversalize, codify, and legally protect these age-old ideals in an inclusive global framework.
The author is a social worker and researcher and can be reached at <mathiupuang@gmail.com>.
(This is not a Ukhrul Times publication. UT is not responsible for, nor does it necessarily endorse its content. Any reports or views expressed are solely those of the author or publisher and do not necessarily reflect those of Ukhrul Times.)
References:
Bakshi P.M., The Constitution of India, 14th Edition, Universal Law Publishing, Gurgoan,
2017.
Basu Durga Das Introduction to the Constitution of India, 27th Edition, LexisNexis, Gurgoan,
2024.
With special reference to the provisions of Sixth Schedule elaborated under Articles 244(2)
and 275(1) of the Indian Constitution.
Special Provisions under Article 371 Series in respect of many North Eastern states.
Amnesty International Reports on India, 2024.
Human Rights Watch Reports on AFSPA, 2008
Human Rights Report on India, 2024
Baruah Sanjib, India Against Itself: Assam and the Politics of Nationality, Oxford, U.P. New
Delhi, 1999.
Supreme Court judgments on Manipur extrajudicial killings (2016).
UN Special Rapporteur reports on indigenous peoples’ rights (2024)
Newspapers’ reportages
Special references to various judgements by Supreme Court and High Courts
Bezbaruah Committee Report of 11th July, 2014.
Mathiupuang Gonmei
Thank you so much for publishing this article on Human Rights. It is sincerely hoped that the article would throw some lights regarding human rights and it’s ramifications in the present day society.