By Moulana Abdul Raheem Qureshi,
The kind of reflection of the word ‘Right’ and ‘Rights’ that comes in our minds nowadays, was never found in the olden ages. In the past many civilizations emerged and collapsed; many kingdoms came into existence, rose to power, declined and disappeared. Among those civilizations and kingdoms, natural rights were found but not human rights among the relationships. The biggest reason for this was, there was lack of human equality among those civilizations; Human beings and their own citizens were divided into different groups, in the past, few groups were totally denied of rights. In Greek civilization the slaves were treated in par with animals, they did not have any rights. In Egyptian civilization those people who did not have any relation with the ruling class were the victims of every kind of torture, and they were not entitled to any kind of protest. The situation was some what better in Roman Empire, but with the expansion of Roman Empire, differences arose between Roman citizens and general people of Rome, and a number of those type of people emerged who were denied all kinds of rights.
From the history, one more thing that comes before us is the thought of rights for human beings, emerged with the propagation and preaching of Christianity in Roman Empire. With the spread of Christianity, the interest for the study of Bible emerged and restriction on the killing of human beings written in Ten Commandments, which were given to Prophet Moses, brought great changes. The order “THOU SHALT NOT KILL”, invoke a sense of respect towards human beings and human life. The Christian courts which were established under the churches and the rules established by them, created a sense of dignity and respect towards human life. During this process, the churches underwent tremendous difficulties and pressure by the ruling class and landlords and some times had to bow their heads before the privileges of these people. Even then, the concept of respect for human life became the part of civil society. But, the feeling of high and low class among the society was not able to overcome.
Whenever there is discussion on the rights of human beings, the declaration of Britain’s Magna Carta is presented as a historical event and milestone; whereas neither any right has been given to common citizen of Britain nor said anything about them in this declaration. This declaration protects the rights of landlords and elites and limits the customary rights of British kings. The subject of this declaration is neither the human being nor the common citizen; but the landlords, elites and kings. For the emergence of the concept of human rights and human beings, human history had to travel a long journey, between two great world wars and after this, the question of human rights and the concept of these thoughts arose.
In the definition and formation of rights, those rights are also talked about which are now called as ‘minority rights’. Here the word minority does not mean political minority but the group of people who are permanently in the status of minority. Between this minority and majority, there is such a kind of difference, which is permanent, and this base of difference becomes their identity. This difference may be in the shape of race, colour, and religion, which becomes the unique culture and their life style. Therefore for the existence of their identity, culture and life style, they need constitutional and legal protection. With the development of theory of human rights, they were allowed to continue and develop their language, racial identity, religion and culture, which were accepted as rights of minorities and these rights are called as minority rights. Now that the period has almost changed, where it was necessary to adopt the majority culture, language, religion and belief of a particular country for the sake of citizenship. Even in USA, only the Anglo-Saxons of Europe were permitted to land, settle and get citizenship, whereas even the whites of Europe were not allowed, later this type of thinking slowly erased. USA declared itself as ‘melting pot’ and opened the doors for non- Saxons; in Canada, in the region of Cuba where French culture and language existed, they adopted the policies of cultural pluralism. Even though after these changes, non-whites such as Africans and Asians are still prohibited in different parts of the world and in the colonies of Europe; In Australia and Europe, whites have permission to settle, whereas quota is allotted for non- Europeans. Still the whole world has not accepted cultural pluralism and discrimination based on race, colour, language and religion exists. Generally, it is thought that the minority rights will be completely respected and imposed when the world state is established which would respect these rights. This is a kind of dream that is impossible to be fulfilled.
In case of minority rights one thing should be kept in mind that the rights are not for a single man, it is for the whole community. These rights are nothing but assurances and safeguards. The trend to accept their rights and to give capacity for their laws and to include sections is developing, and it is considered as a quality of a civilized state. For the practical implementation of minority rights the atmosphere of tolerance and mutual co-existence is necessary. If the tolerance does not exist, then all the assurances will go in vain. To promote the tolerance of race, colour, creed, sex, language, religion, culture and faith, to live with the minority groups, to respect their rights, and to work together for the development of the country and its people, it is necessary to improve the sensitivity, emotions, theories and practical implementation. Without creating this type of atmosphere, the practical implementation of minority rights is very difficult. For this it is necessary to take strict action against those who are promoting intolerance so that the tolerance and the indifferences among the race, colour, language, culture, religion, faith, and nature becomes the important properties of culture. Every state, society and group should try to achieve this target; only then, the world will see the complete respect of minority rights in practical manner. It should always be kept in mind that the minority rights is the obligation of the majority; where the majority fulfills these responsibilities and practically shows the tolerance and co- existence, only then positive circumstances of minority rights could be created.
For practically applying minority rights, one more thing is worth considering that the human rights
which are called as fundamental freedoms and fundamental rights, without them this right cannot take practical shape. Without fundamental rights and fundamental freedom, which all the citizens and individuals possess, without those minorities rights are totally meaningless. Among these fundamental rights, first right is the right to life. There is a saying that “If there is life, there is world”; lots of meaning and explanation is hidden in it. From the core of this right, another right i.e. Right to security comes in. without this right, is getting minorities rights possible? Where right to life has not been accepted and where security and development is not guaranteed, there minorities and people relating to minority community will always have sword hanging on their heads and they will live in the shadow of fear. Right to life also includes that every person should be given fair chance of developing their personalities and talents by developing, preserving and protecting their present culture. Right to life is not just to keep relation between body and life but also to make life aim full till the end, develop physical personality and give every possible chance to enjoy life, in this right one can live a descent life as a member of civil society and also chance should be there to take life to the suitable standard and make it independent. Because of being first among all rights and the base of other rights and to assure the right to life, proper security and safeguards are needed. To give meaning to minority rights, all should be benefited by these rights including minorities.
The same thing can also be said of right to equality where it is first condition for system of justice and compulsory condition to develop the human personality. Here the explanation is important that, right to equality is not just equality in the eyes of law and before the court, but also includes equality in expressing and developing personality. To get the benefits of these chances no conditions and restrictions should be implemented on the basis of caste, creed, colour, language, religion and sex, including minorities, all should be given the chance.
In case of minority rights basic rights and independence cannot be neglected. Minorities will find good atmosphere to maintain their culture, religion and belief where every one including minorities will have basic rights and basic independence. In this movement it becomes important to check basic rights and independence at world level.
Moulana Abdul Raheem Qureshi is Secretary, AIMPLB
Courtsey:Civil Liberties Monitoring Committee India
[Photo by theglobalindian.com]