Wednesday, January 28, 2009

The Human Rights and Self-Governance


After the mutiny of 1857, when Indian intellectuals started gathering up and knitting up a base for the development of Individual against Society, the sounds of Self-governance started to evolve from the farms and streets of Indian society. It was the first evidence that the imaginary of society was loosing grips over the Individual, and Individual was struggling for his Independence, his own freedom. That was the importance of Bal Ganga Dhar Tilak's call for self-governance. When he said "Swaraj Mera janmsiddh Adhikar hai" (Self-governance is my birth right), He obviously did not mean that he wanted to take power away from British rulers to become the ruler of India himself. He strictly meant that he recognizes no government over him, and self-governance of his own life on his own voluntary terms is his birth right.

Before talking of "Birth Right" we must understand the term "Right" what does it mean.

A right is the moral standard, which allows a man's freedom to act in a social premise.

There can be only one fundamental right and that is, a man's right to own his life to be free of any obligation to not to be a birth-slave to anybody. All other rights are just the consequences or results of this fundamental right, the right of an Individual to own his life. Life is a self-generated actions, the right to own one's life is to self-governance oneself, to be free to take all the actions required by the nature of a thinking man to support, progress, aspire, fulfil and enjoy his own life. Such is the meaning of Self-Governance, or Swaraj. As Bal Gangadhar Tilak stated, it is a birth right.

Self-governance means freedom of action, freedom from any sort of physical coercion, compulsion or intrusion by other men, or society. Thus, the right of freedom, of Self-Governance means a moral allowance of a positive kind for an Individual to act freely on his voluntary judgment, for his chosen goals, by un-coerced choice. His actions cannot be restrictive to other individual of the society, as all have this right of Self-Governance.

Every other consecutive rights of the right of self-governance are the rights of actions to lead a free life. Freedom of speech, expression, and even the right to property, is the right of action. Right to property is not a right to an object, it is a right to act to earn that object, or to create it.

In 1947, there happened a shift of ruling power from British government to a democratic government of India, chosen by the will of political freedom. Thus, Indians acquired a political right on 15th of August 1947.

Political freedom means the freedom to gather or attach with any political party freely without any physical coercion. It certainly was the first step towards the Individual Freedom, the sovereignty and Self-Governance of an Individual.

Yet, India was not freed, it remained under an amendable constitution based on which, the government rule was applied on Individuals, neglecting their Birth right of Self-Governance and making up a social right base instead of Individual Right base, hence forcing the Individual to sacrifice for the so-called imaginary good of imaginary society.

  1. Right to equality
  2. Right to freedom
  3. Right against exploitation
  4. Right to freedom of Religion
  5. Cultural and educational rights
  6. Right to constitutional remedies

Right to equality certifies that the state cannot discriminate against anyone on the basis of caste, creed, colour, sex, religion or place of birth. Yet, constitution itself provided powers to the state to discriminate people on the basis of caste and sex by allowing state to divide people and rule over them by playing "reservation game". Since India never accepted an Individual's right to property, he always remained a slave of government, and hence government became a legitimate owner of whatever a Man earns or produce, he has no right on whatever he creates. First, he needs permission to create and then a permission to enjoy his creation. (see here)

There is a right to freedom, yet it is bound with emotional restrictions. Since there is no property right, No one can say or express anything, which may hurt societal emotions, there is censorship which only government can enforce.

Thus, even after gaining Independence from foreign rulers, Indian were enslaved with the majority rule of society where every Individual is enforced and coerced to "sacrifice" his life. No one got any right to Self-Governance which Bal Gangadhar Tilak aspired as their Birth Right. While the socialist leaders of India kept increasing the list of various rights to delude Individuals. It became a collectivist tyranny.

Collectivist rulers do not enslave a country by confiscating its values, material or moral. The collectivists proceed through internal corruption, to make Individual sacrifice his existence and to suffer. It provides a fake sense of "rights". In the cloud of these rights, the fundamental right of Self-Governance is negated and mystified.

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