Book review: Subhash Sharma,Human Rights: Text and Context

Globally, the issue of human rights has historically been a significant one. In both developed and developing countries it continues to remain a contentious one. Given its subject then the book Human Rights: Text and Context by Subhash Sharma is a timely volume as it takes a holistic view of this subject. Divided into five sections, that is, Human Rights: Evolution, Perspectives and Context; Human Rights and Child Labour; Human Rights and the Exclusion of Dalits; Human Rights and Terrorism; and Human Rights and Governance, the volume overall consists of 11 chapters.

The introduction outlines five basic propositions: that human rights are essential to all humans, irrespective of their class, caste, race, sex, place of birth, status, religion, job and so on; that these are given to all simply because everyone is born a human; that the core values of such rights are dignity, equality liberty, security, fraternity and freedom from fear and hunger; that these rights are universal, indivisible and inalienable; and that because these rights are legally and constitutionally mandatory, one may seek legal redressal if they are being infringed by the state or its institutions.

What follows the introduction is a comprehensive analysis of three sets of theories: globalist versus localist; unilateralist versus multilateralist and market ideology versus religious fundamentalism. After deliberating on these perspectives in detail, the author favours the position taken by local multi-lateralists, those who favour regulated markets and the secularists, while he rejects unequivocally market and religious fundamentalism.

Well before the Universal Declaration of Human Rights of 1948, the author traces the history of human rights in the West from the days of the Magna Carta in 1215 which was a legal pact between King John of Britain and feudal lords that for the very first time recognised the rights of citizens. This covenant included various provisions, such as unless there was a legal reason a free person could not be arrested arbitrarily; the rights of widows, protection from unjust taxes, right to property, and the rights of an accused person. Later in 1225, the right to a fair trial and justice was also included in the Magna Carta. Further in the Writ of Rights (1627) and the Bill of Rights (1688) more provisions to protect human rights were incorporated in Britain. Globally, during the eighteenth century, the author mentions three notable milestones in the history of human rights: the declaration of Independence by the Second Continental Congress on 4 July 1776, the French Revolution in 1789 and the American Jurisprudence and Bill of Rights in 1791. But the author does pinpoint that the French Revolution has provided rights and freedoms only to the free male citizens of France, and not to women and ‘black’ slaves.

The author cites many instances in great detail to show that the idea of human rights had its origin in both eastern and western worlds, countering the notion that human rights was only of western origin. Many developing countries played a role in the evolution of human rights in the ancient period. For instance, in 1700 bce in the city-state Babylon, the Hammurabi Code included elaborated provisions for justice and due punishment for the guilty. In ancient India, too, the Rig Veda talked of everyone as brothers, equal––no person being socially high or low. Again, in the Atharva Veda, we find the concept of Vasudhaiva Kutumbakam (the earth is one family) that was prevalent during the Vedic period. Kautilya’s Arthashastra also mentions that the king is happy only when the people are happy. Similarly, two Indian rulers, Ashoka and Akbar, made it a point to protect human rights through legal orders. Eras later, the historical Lahore session of the Indian National Congress in 1929 that passed a resolution for India’s Independence and its Karachi session in 1931, both enacted twenty important resolutions for the protection of various economic, social and political human rights. The author has also analysed UN’s eight Millennium Development Goals (2000–2015), and later UN’s Sustainable Development Goals (2015–2030)––all based on principles of equality, dignity and sustenance for all.

Usefully, four generations of human rights have been demarcated in the book: the first, consists of civil and political rights; the second, covers social, economic and cultural rights; the third, consists of the right to development, to self-determination, to refugee, to food and to health; and the fourth, the right to peace, clean environment, information and transparent and accountable governance. Using this framework of generations, Sharma has expressed his concern regarding the violence used by extremists and terrorists, even by the state machinery. There is, he says, a difference between insurgency and terrorism. While terrorists target civilians more, insurgents target government offices and security forces; and while terrorists have trans-national networks, insurgents have local/territorial operations. He also discusses various theoretical perspectives regarding causes of terrorism; for instance, he points out the ten postulates of the K. P. S. Gill doctrine that affirms that counter-terrorism is not a mere law and order problem. During its days of turmoil, Punjab saw a convergence of three factors: an offensive police, supplementary manpower and political manpower in 1992. Sharma rightly points out that the interventionist role of the state has increased due to the financial crisis in the United States in 2008, increasing terrorist and extremist activities and the global unemployment rate.

The author has also taken up the issue of human rights and governance by examining corruption in the three wings of the government: the legislature, executive and judiciary. India unfortunately ranks 87th in the world’s corruption perception index (CPI) while Denmark ranks first (2010). The author says, that among the main causes of corruption are the colonial legacy of bakhshish, a decline in moral values, the compulsions of electoral politics, liberalisation, more discretionary powers given to the executive, a lack of awareness among people and cumbersome procedures in administration. The worst victims are usually poor people who are coerced into giving bribes even for genuine utilities/services. Therefore, there is a need for the eradication of corruption from public life, otherwise the human rights of common people will continue to be violated in worse forms.

This book fills a huge gap between a theoretical perspective and empirical evidence on human rights. Various case studies/examples have enriched this study significantly. General readers, students, teachers and various NGOs will certainly benefit from this book in different ways. Its approach enhances its readability and it is hoped that it will carve out its own space in the arena of academia soon. However, the price of this useful volume is perhaps on the high side, but on this point the publisher has, as always, the last word.