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The India Constitution guarantees basic fundamental
rights to all its citizens. Yet, in reality a number
of these rights do get violated. International and
local observers have frequently accused the Indian
Army of human rights violations in Jammu and Kashmir;
the police have been accused of custodial deaths and
false encounters with terrorists. Areas prone to communal
violence also report human rights violations by the
authorities.
Legislations
to counter terrorism, such as Terrorist and Disruptive
Activities (Prevention) Act (TADA) and Prevention
of Terrorism Ordinance (POTA) have been receiving
flak from human rights activists who have cited many
incidents when these laws have been misused by the
authorities to cover up their own lapses.
Apart
from these, sections of society who are vulnerable
to their rights being violated are indigenous tribals,
women and children. Fortunately, there are now a fair
number of local organizations that keep a strict vigil
on such violations. There are numerous public interest
litigations in Indian courts, which have taken up
cudgels against human rights violations in India.
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The National Human Rights Commission (NHRC) of India
is an autonomous commission constituted by the Government
of India to protect human rights in India under the
Protection of Human Rights Act of 1993 is
a common year starting on Friday and marked the Beginning
of the International Decade to Combat Racism and Racial
Discrimination (1993-2003)
Years:
1990 1991 1992 - 1993 - 1994 1995 1996
Decades:
1960s 1970s 1980s - 1990s - 2000s 2010s 2020s
Centuries:
19th century - 20th century - 21st century
1993 in aviation
1993 in film
1993 in literature
1993 in music
1993 in sports
1993 in television
1993 in Canada
Chapter
II of the Act says "The Central Government shall constitute
a body to be known as the National Human Rights Commission
to exercise the powers conferred upon, and to perform
the functions assigned to it, under this Act." Functions
As per the act, the following functions shall be
performed by the NHRC:
inquire,
suo moto or on a petition presented to it by a victim
or any person on his behalf, into complaint of
violation of human rights Human
rights (natural rights) are rights which
some hold to be "inalienable" and belonging to all
humans; according to natural law. Such rights are
believed, by proponents, to be necessary for freedom
and the maintenance of a "reasonable" quality of life.
Inalienable
rights cannot be bestowed, granted, limited, bartered
away, or sold away (eg, one cannot sell oneself
into slavery). Inalienable rights can only be secured...or
violated.
or abetment thereof or
negligence in the prevention of such violation, by
a public servant
intervene
in any proceeding involving any allegation of violation
of human rights pending before a court with the approval
of such court
visit,
under intimation to the State Government, any jail
or any other institution under the control of the
State Government, where persons are detained or lodged
for purposes of treatment, reformation or protection
to study the living conditions of the inmates and
make recommendations thereon
review
the safeguards provided by or under the Constitution
of India The Constitution of India,
the world's lengthiest written constitution (with
395 articles and 8 schedules) was passed by the Constituent
Assembly on November 26, 1949. It has been in effect
since January 26, 1950, which is celebrated as Republic
Day in India.
The
constitution of India draws extensively from Western
legal traditions in its outline of the principles
of liberal democracy. It
or any law for the time being in force for the protection
of human rights and recommend measures for their
effective implementation
review
the factors, including acts of terrorism
- Terrorism
is a tactic of violence that targets civilians,
with the objective of forcing an enemy to favorable
terms, by creating fear, demoralization, or political
discord in the attacked population.
- "Terrorism"
is a pejorative characterisation of an enemy's
attacks as conforming to an immoral philosophy
of violence, in a manner outside of warfare, or
prohibited in the laws of war that
inhibit the enjoyment of human rights and recommend
appropriate remedial measures
study
treaties and other international instruments on human
rights and make recommendations for their effective
implementation
undertake
and promote research in the field of human rights
spread
human rights literacy among various sections of society
and promote awareness of the safeguards available
for the protection of these rights through publications,
the media, seminars and other available means
encourage the efforts of non-governmental organisations
A Non-Governmental Organization (NGO)
is an organization which is independent from governments
and their policies. Generally, although not always,
these are non-profit organizations that gain at least
a portion of their funding from private sources. Because
of the negative definition, (the implication that
an NGO is anything that is not government), many NGOs
now prefer the term Private voluntary organization
(PVO).
and institutions working in the field of human rights
such
other functions as it may consider necessary for the
protection of human rights in India.
Powers
The Commission shall have power to require any person,
subject to any privilege which may be claimed by that
person under any law for the time being in force, to
furnish information on such points or matters as, in
the opinion of the Commission, may be useful for, or
relevant to, the subject matter of the inquiry and any
person so required shall be deemed to be legally bound
to furnish such information within the meaning of section
176 and section 177 of the Indian Penal Code.
Website
http://nhrc.nic.in/
- Contains all cases of human rights violations and
action taken in India since 1993.
preview not available. Click the link
for more information.
The Constitution of India
Fundamental Rights and the Directive Principles of
the State Policy - Part-III and Part-IV - Basic Structure
of the Constitution.
Entire gamut of civil and political rights
- as in International Covenant on Civil and Political
Rights - covered under The Constitution - Part-III
- enforceable by the Judiciary.
Protection and promotion of human rights
specially the weaker and vulnerable sections of society
- paramount concern.
Other
Constitutional/Systemic Arrangements
Parliamentary Democracy - Balance of Power among Legislature,
Executive and Judiciary - Strong and Independent Judiciary.
| INTERNATIONAL
COVENANTS/ CONVENTIONS/ TREATIES |
[Ratified/
Acceeded/ Signed by India]
- The
Universal Declaration of Human Rights (UDHR)
|
- The
International Covenant on Economic, Social
and Cultural Rights (ICESCR) – Ratified
on 10th April, 1979
|
- The
International Covenant on Civil and Political
Rights (ICCPR) – Acceded on 10th April,
1979
|
- The
International Convention on Elimination of
all forms of Racial Discrimination –
Ratified on 3rd December, 1968.
|
- The
Convention on Rights of the Child.
|
- The
Convention on Elimination of all Forms of
Discrimination Against Women – Signed
on 30th July, 1981.
|
- Convention
against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment –
Signed on 8th October, 1997.
|
- International
Covenant on Suppression and Punishment of
the Crime of Apartheid – Acceded to
on 22nd September, 1977.
|
- The
Convention on the Prevention and Punishment
on the Crime on Genocide – Ratified
on 27th August, 1959.
|
- Convention
on the Non-Applicability of Statutory Limitations
to War Crimes and Crimes against Humanity
– Signed on 12th January, 1971.
|
- Slavery
Convention ratified 18th June, 1927.
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- Protocol
amending the Slavery Convention signed at
Geneva on 25th September, 1926
|
- Supplementary
Convention on the Evolution of Slavery, Slave
Trade and Institutions and Practice similar
to Slavery – Ratified on 23rd June,
1960.
|
- Convention
for the Suppression of the Traffic in Persons
and of the Exploitation of the Prostitution
of others – Ratified on 9th January,
1953.
|
-
Convention
on the Political Rights of the Women –
Ratified on 1st November, 1961.
|
- Convention
on the Nationality of the Married Women -
Signed on 15th May, 1957.
|
EMPHASIS
AND STEPS ON HUMAN RIGHTS |
Several recent enactments for protection
of weaker sections.
Child Labour (Prohibition and Regulation) Act, 1986.
The National Commission for Minorities
Act, 1990.
The National Commission for Women
Act, 1990.
The National Commission for Scheduled
Castes and Scheduled Tribes (Constitution
65th Amendment Act, 1990.
Protection of Human Rights Act, 1993.
The National Commission for Backward
Classes Act, 1993.
Persons with Disabilities (Equal
Opportunities, Protection of Rights and Full Participation)
Act, 1995.
Special Institutional Arrangements
- established by law for weaker & vulnerable sections
- look into grievances/complaints - make recommendations.
National Commission for Women.
National Commission for Scheduled
Castes and Scheduled Tribes.
National Commission for Minorities.
National Commission for Safai Karmacharis.
National Human Rights Commission.
Advice to the State Governments -
set up - State Human Rights Commissions - nominate
Human Rights Court in each district.
Ten State Governments already set
up Commission - Assam, Himachal Pradesh, Jammu &
Kashmir, Kerala, Madhya Pradesh, Manipur, Punjab,
Rajasthan, Tamil Nadu, West Bengal.
Exclusive Human Rights Cell in MHA - 1993 - coordinate
and implement the policy matters on Human Rights.
Strict Directives to Armed and Para
Military Forces - allegations/complaints looked into
- inquiries made promptly - firm action against the
guilty.
Armed, Para Military, and Police
- Emphasis on Training/Orientation - efforts of State
Governments - supplemented - funds under modernisation
of police programme.
Transparency in matters dealing with
Human Rights.
Open and transparent policy in human rights matters.
State of J&K - large scale militancy and violence
in early 1990 - no restrictions imposed on outsiders/foreign
visitors/journalists - no prior permission required.
June, 1995 - Memorandum of Understanding with the
International Committee of the Red Cross - humanitarian
grounds - unrestricted access to all jails/detention
centres in Jammu & Kashmir - meet detenues - so
far 252 visits to 44 detention places - met 5,621
detenues - many of them more than once.
1995 - UN High Commissioner for Human
Rights - Mr. Jose Ayala Lasso invited - three day
visit to J&K and Punjab - J&K - met the Governor,
leaders of political parties, military officials,
Hurriat leaders, members of public, bar councils and
NGOs - Punjab - met the Chief Minister and members
of human rights organisations - expressed appreciation
of India’s policy of transparency and openness
in protection and promotion of human rights - appreciated
that no restrictions placed on his travel/meetings
- appreciative of the work of NHRC.
1996 - Special Rapporteur of the
UN Commission of Human Rights on Religious Intolerance
- Mr. Abdalfattah Amor invited - visited the States
of J&K, Uttar Pradesh, Punjab, Maharashtra - met
Government officials, members of the public, NGOs,
Members of NHRC- detailed interaction on related issues.
During 1998 - about 80 foreign diplomats, 122 foreign
journalists, and 6,039 foreign tourists visited.
15th to 17th February, 1999 - Ms.
Mary Robinson, UN High Commissioner of Human Rights
- attended the Seventh Asia Pacific Workshop of Regional
Cooperation for Promotion and Protection of Human
Rights - hosted by the Government of India - met the
Prime Minister, the Home Minister, the External Affairs
Minister and Chief Justice of India - extensive interaction
with Chairman and Members of NHRC - interacted with
women’s organisations/NGOs active in the field
of human rights - statement at the end visit - a host
of national remedies available within the country
for the redressal of violation of human rights - praised
NHRC - a role model for National Human Rights Institutions
not only within the region but in other parts of the
world - conviction - political leadership in India
can tackle alleged human rights violations.
2000 - The UN Special Rapporteur on violation against
women visited India to study the position of trafficking
in women and girls. A nodal officer has been appointed
in this Ministry to coordinate issues relating to
the legal framework required to effectiveely tackle
the problem of trafficking in women.
50th Anniversary of The Universal Declaration of Human
Rights
National
Action Plan prepared - National Committee
under the Chairmnaship of the Home Minister - Secretaries
from various Ministries and Departments, representatives
of Universities/NGOs - based on the principle - enhance
human rights awareness, develop human rights education
at school and university levels, strengthen capacities
of National Institutions, act as a catalyst to encourage
interaction among various sections of the society.
During the year of celebration, starting from 10th
December, 1997, various activities were undertaken.
A National Committee - Chairmanship
of the Home Minister - set up and a National Plan
of activities drawn.
Created a logo for celebration of 50th Anniversary
of UDHR - released by the Home Secretary.
UDHR Logo printed on computerised
railway reservation tickets.
A radio jingle/spot on UDHR for broadcast through
All India Radio produced.
A wall-hanger containing the Articles of UDHR printed.
AIR & Doordarshan - coverage of various functions
on human rights at National and State level - special
programmes on various facets of human rights - quickies,
spots, plays, documentaries, quiz, panel discussions,
poetic symposia and captions.
A first day cover on UDHR designed and issued on 5.3.98.
A special commemorative postage stamp
released - postal stationery carrying the message
"All Human Rights for All" printed and released
- 16.11.1998 - sale all over India.
Department of Telecommunication - special provisions
for out of turn allotment of telephone - senior citizens
and physically handicapped persons.
Preference given - allotment of STD/ISD
PCO to handicapped, SCs/STs, Ex-Servicemen, War Widows,
dependents of freedom fighters, Charitable Institutions,
hospitals.
Telecom network in the tribal areas
improved.
Stress on the subject of human rights - items presented
during Youth Parliament Sessions by institutions participating
in various Youth Parliament Competitions.
Reorientation of School Syllabus - infuse elements
of Human Rights - undertaken by NCERT.
Work relating to curriculum framework for school textbooks
in progress.
Primary school textbooks in Hindi
- chapters on Human Rights issues relating to health,
environment, physically handicapped, dignity of labour.
Secondary stage - basic framework of various courses
and textbooks - promote an understanding of the various
aspects and dimensions of Human Rights.
Higher secondary stage - specialised
study of subjects of students’ choice - framework
of each subject - relevant aspects and dimensions
of Human Rights included.
School textbooks under review - delete references
which might disrupt communal harmony.
February, 1998 - compilation of the
text of major historical, International and National
documents/treaties - "Manav Adhikar-Srot Granth"
- brought out in Hindi - important documents on human
rights made available to Hindi readers - first time.
A three-day workshop for teachers
- September, 1998 - evolve programmes that schools
may take up as a part of the celebration of the 50th
Anniversary of UDHR.
An All India Essay Competition for
Students on the subject of Human Rights organised
- essays invited from students of secondary and higher
secondary classes - Hindi, Urdu or English - cash
prizes awarded by the Prime Minister to the winners
in the closing function of UDHR on 10th December,
1998.
A folder-cum-poster prepared - historical
background and perspective of Human Rights through
visuals and full text of UDHR.
Steps initiated - University Grants
Commission - introduce Human Rights education in Universities
and Colleges - grants for starting courses and research
work - organising workshops, seminars, symposia -
allocation Rs.15 million per annum - Master’s
Course in 10 Universities, Diploma Course in 25 Universities
& Certificate Course in 5 Universities supported.
National Council for Teacher Training -
modules in Human Rights for teachers’ education
- already translated in Hindi - translation in other
Indian languages underway.
Teaching aids - charts, posters, audio/video programmes
- for elementary and secondary level teachers training
developed.
A monograph series on Human Rights
and Indian values for teachers’ education published
by NCTE in November, 1997.
Indira Gandhi National Open University - seminars
and workshops on Human Rights education - proposes
to produce course material and video/audio visual
programmes on Human Rights for distance learning.
National Book Trust organised a book
stall in the World Book Fair during 7-14th Febraury,
1998 on the subject of Human Rights.
A special package envisaged by NBT
- printed material, video and audio-visual programmes
for neo-literates.
Publication of the books on Human Rights
- NBT - Questions and answers by Leah Levin - special
programme for rural readers - a book on Civil Rights
in Punjabi - neo-literates - a book entitled "Badlao
Ka Adhikar" in various Indian languages.
National Literacy Mission - topic
on literacy and human rights included for discussion
in the Second Asia Regional Literacy Forum held during
9-13 February, 1998.
Scheme - formulated by the Ministry of Health and
Family Welfare - creation of awareness and affording
certain rights to HIV positive persons under the National
AIDS Prevention and Control Policy.
Seminar organised - Ministry of Home
Affairs - 16th November, 1998 - Vigyan Bhavan - "Respect
for Human Rights by the Para-Military Forces in a
Conflict Situation".
Sub-Regional Workshop of South Asian countries on
Human Rights Education in schools - jointly organised
by NHRC with an NGO of Japan - 15-18 October, 1998
- New Delhi - delegates from Sri Lanka, Bangladesh,
Nepal, Pakistan and India participated.
Seminar on "Protection of Human Rights:
A Critique" - organsised by the Indian Social
Institute - New Delhi - collaboration with NHRC -
13-14th November, 1998.
MHA wrote to all the Ministries/Departments to review
Statutes/Acts under their administrative control to
bring them at part with the international human rights
standard.
MHA requested all the States/UTs to celebrate the
occasion in a befitting manner - suggested that the
week starting from 04.12.98 be celebrated as Human
Rights Week all over the country.
The Lok Sabha Secretariat brought out a publication
entitled "India and Human Rights".
To mark the closing of the 50th Anniversary of the
UDHR, a function was organsied at Siri Fort Auditorium
on 10th December, 1998 - brochure entitled "50th
Year of Human Rights" released by the Prime Minister
at the function - exhibition of books, materials and
paintings prepared by the inmates of Tihar Jail organised.
UN
Decade on Human Rights Education
The
Coordination Committee Chaired by the Union Home Secretary
- Secretaries from other Ministries and Departments
- set up to draw a National Action Plan. As a part
of this programme a comprehensive action plan to spread
Human Rights education and generate mass awareness
about human rights is under preparation. Steps have
been taken to sensitise the Police and Central Para-Military
Forces towards human rights values. Prasar Bharati
has agreed to allot a 30 minutes slot, on first Monday
of every month for telecasting programmes on human
rights. Programmes on human rights were telecast on
3.7.2000, 7.8.2000, 4.9.2000, 2.10.2000, 6.11.2000,
4.12.2000, 1.1.2001 and 5.2.2001 on DD-I.
Watchdog
Mechanism
Free and vibrant press/media - large number
of NGO - actively pursue the promotion and protection
of human rights - watchdog mechanism to ensure the
preservation of rights of individual - fixes accountability
on the Government agencies.
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