International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
A Panorama of the Role of Literature in Preservation of Human Rights Dr. Poonam Rani Gupta, Associate Professor, Dept. of English Studies and Research, B. D. K. Girls (P.G.) College, Baluganj, Agra, U.P.
Abstract: The talk of human rights can never be completed without the mention of female rights and there psyche. In the later decades of the same century has witnessed the rise of feminism with strong protest against the atrocities inflicted upon the female folk in the contemporary society. Feminism has grown from Kamala Markandaya, Anita Desai, R.P. Jhabvala and Nayantara Sahgal to pave way for Shobha De, Shashi Deshpande, Nina Sibal, Anees Jung, Raji Narsimhan, Bharati Mukharjee and others. These newer female voices have highlighted the interior landscape of the emancipated woman’s sensibility and her psychological pragmatism. Modern woman has now acquired substance and an unconventional character and has paved way for a new dimension of the Indian novel in English. The novelists of today have begun to delineate the psychology of the characters and the complex environs which has greatly affected them. Key words: psychological, pragmatism, Feminism,
“I hold that literature must have a social purpose. It must place before the reader something from the society’s point of view. Art is not necessarily for art’s sake. Purposeless art and literature which is much in vogue does not appear to me as a sound Judgment”.─ Bhabani Bhattacharya
‘Human Rights’ are those rights which Stanford Encyclopedia of Philosophy and belong to an individual as a consequence Human Rights defines human rights as: of being a human being. ‘Civil liberties’ Human rights are moral principles are ‘the rights guaranteed to citizens or or norms, which describe certain residents of a country or territory as a standards of human behavior, and are matter of fundamental law’. It is birth regularly protected as legal rights in right inherent in all the individuals municipal and international law. They irrespective of their caste, creed, religion, are commonly understood as inalienable sex and nationality. Human Rights, fundamental rights "to which a person is essential for all round development of the inherently entitled simply because she or personality of the individual in society he is a human being. and therefore, ought to be protected and be made available to all individuals. In State responsibility towards serious sense of speaking ‘Human Right’ provide basic amenities means the right of life, liberty, equality It is the primary duty of every country and the dignity of an individual and state to provide the right of adequate irrespective of caste, creed and sex. food, health. These rights should be used
www.ijar.org.in 1 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] by every citizen without considering sex, confronting in day to day life. They religion, caste, class or sect. Violation of accept the reality as it is presented before human right has become very common in them. They see the society and its world. Newspapers, T.V. channels inform development with an ironic detachment us that every day and every moment, and accept reality ungrudgingly. Human Rights are being violated. The Writers’ perception protection and preservation of these human rights is a great challenge for The writers of Indian writing in English every country. Cases of domestic violence, are keenly aware of the fundamental traditional practices, female genital problems which the poor, the mutilation, son preference, sexual downtrodden, the children and the harassment, prostitution and trafficking feminine folk are forced to face in day to violence against women migrant workers, day life. The novelists like Mulk Raj custodial violence against women, come Anand, R.K.Narayan, Raja Rao, Bhabani in the category oh violation of human Bhattacharya, Manohar Malgonkar, Ruth rights. Literature has substantially Prawar Jhabvala, Anita Desai, Chaman contributed to the protection of human Nahal, Arun Joshi, Salman Rushdie, rights. Literature can inspire us to Amitav Ghosh, Kamala Markendeya, change our world and give us the Nayanatara Sahgal, Arundhati Roy, and comfort, hope, passion and strength that several others have made their we need in order to fight to create a contribution in the presentation of better future for us. The literary creation human rights issues. such novels, plays, short-stories, poems The heroes of R.K. Narayan etc., attempt to mirror the realities of present the ironies of life and the society. heroines expose the deprivation of From time immemorial literature common house-wives who are denied has substantially contributed to the equal rights in their day to day life. Mulk protection of human rights. The chief Raj Anand is a great humanist and his goal of literature has always been to prime concern is human predicament in relate human rights and to combine the the contemporary society. Manohar literary driving force with the motivation Malgoankar presents the pathetic life of for action, what is a fundamental and the labourers of tea-plantation of Assam. integral element of the struggle for Kamla Markandaya highlights pitiable protection of human rights. The conditions of peasants of India. Anita literature which deals with the human Desai shows the denial of social justice to predicament, thus, directly or indirectly, women. Khuswant Singh and Salman promotes values of human rights. Indian Rushdie draw attention towards sexual Writing in English is no exception to this. abuse of children. Thus, literature carries The literary creations in Indian Writing the human experience which reaches the in English are the mirror of society. All heart of those who have been treated writers of various genres specially the improperly by denial of basic human novelists are fully aware of this priority. rights. Present paper is an attempt to The Indian novelists in English are explore how far human right issues are keenly aware of the fundamental dealt in Indian English literature. incongruities which life and world are
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The early decades of the twentieth Tagore translated some of his Bengali century witnessed the rise of many works into English which helped in writers whose literary manifesto was to laying the foundations of the Indian write for social, political and economic English novel. His novels are mostly purpose. The purpose was not only to novels of ideas. He adopted the novel throw light upon the social evils and genre to depict the inner changes in the malpractices prevailing in the society in lives of characters in relation to time and those days but also to employ their space. Tagore’s influence is all pervading, writings to the cause of social as seen in the novels of his successors amelioration. The proliferation of Mulk Raj Anand, R.K. Narayan and score literature in Indian English manifests of others. Sarath Chandra and Prem itself multifariously encompassing almost Chand carried the novel a little further every aspect of Indian social life. In the by extending its range and demonstrated last one hundred years or so, this the plight of average and below average staggering branch of literature has people. Their preoccupation was with the blossomed like a fragrant flower and has downtrodden and the destitute. Their become golden gate for the world to see realistic and bold depiction of the misery India through. of the lower classes foreshadows the best fiction of Mulk Raj Anand in English. The most important figure on the literary scene in the pre and post In the 1930s the indispensable trio independent India was Rabindranath of the gigantic Indo – Anglian writers Viz. Tagore, a multifaceted genius, and Noble Mulk Raj Ananad, R.K.Narayan and Raja Prize winner. He concentrated not only Rao and a few other Indian novelists on the social evils but also on the began to write in English about the atrocities inflicted upon the Indians by atrocities inflicted upon the weaker the Britishers. He exhorted the Indians sections of the society. Mulk Raj Anand is for their human rights through his an Indian English novelist who depicts thought provoking works. He exerted a the lives of the poor peasants, women and tremendous influence on the minds of the the downtrodden in his novels. Mulk Raj people with the choice of his themes. He Anand, who is famous chiefly as a writer directly dealt with the public and human of sociological novels incorporates some right issues. Tagore started by first of the most glaring social evils like imitating Bankim Chandra Chatterjee, untouchability, exploitation of labourers till he found his own choice with Choker and poor workers, position of women etc. Bali (1908). To Tagore goes the credit of to arouse the social conscience. In fact, nurturing the infant genre at its most there is hardly any ugly or depressing important stage of growth. He brought a aspect of the Indian social life which has new force into the form as embodied in not been attacked by Anand in his Gora (1923), The Home and The World fictional world. They have made a sincere (1919), Binodini (1959), The Wreck attempt to articulate the subdued (1919), Four Chapters (1950) and feelings and suppressed emotions of their Farewell My Friend (1956). Tagore’s countrymen. His most popular novels Untouchable Coolie novels helped the Indians to rediscover (1935) and (1936) themselves and also created a new examine the problems of poverty, ill- awareness about their culture and rights. treatment and exploitation of the poor by
www.ijar.org.in 3 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] the rich. His major novels reveal his basic about India that had appeared till then. It concern for the downtrodden. The deals with the problem of untouchability, characters he chooses for his novels are along with other issues like freedom the reflections of the people from the life struggle, toddy drinking and labour around him. He himself acknowledges, wages. Inspired by Gandhian ideals, Moorthy and his supporters work for the All these heroes as the other men and betterment of the untouchables at the women, who had emerged in my novels social and economic level. The and short stories, were dear to me reactionary forces also seem to be active because they were the reflections of real to sabotage their progressive work. But, people I had known during my childhood as the untouchables join hands with and youth. They were flesh of my flesh Gandhians, the reactionary forces do not and blood and obsessed me in the way in succeed in their attempt. As the narrator which certain human beings obsess an is able to recollect the past and the artist’s soul. And I was doing no more present and to visualize the charge in the than what a writer does when he seeks to future, there is a suggestion of social interpret the truth from the realities of change as a probable remedy for the life (Sinha 28). problem of untouchability. His novels They were genuine novelists for have mythical background and whom the art of fiction was an end in metaphysical treatment of characters. itself and not just a means of Through his experiments with languages communicating other kinds of truth. and form, has given the Indo-Anglian Particularly the three writers who were novel a distinctly Indian preoccupation distinguished not only for their own work with metaphysical question. but “[…]as the inaugurators of the form Thus, the literary works of the itself, since it was they who defined the 1930s and the 1940s reflected the area in which the Indian novel in English progressive philosophy of the writers. was to operate drew the first models of its They were vocal about injustice, cruelty characters and themes and elaborated its and exploitation that the masses faced. particular logic. Each used his own They raised their strong voice against the version of an English freed from the injustice that was prevalent in the foggy taste of Britain transferred to a contemporary society. Mulk Raj Anand’s wholly new setting of brilliant light and Untouchable, Coolie and Two Leaves and brutal heat” (Sinha 62). Indian English Bud took the creative imagination from fiction is rich and varied with a wide historical romances to social realism. range of themes-social, historical, G.V. Deseni’s All about H. Hatterr to it romantic, detective, rural, psychological, further to the psychological probing into freedom movement, partition, cross individual personality. cultural conflict etc., The Fifties was a period of socially The third of the trio, Raja Rao is the conscious novels such as Kamala most individualistic of Indian creative Markandaya’s Nectar in a Sieve (1954), writers in English and the most conscious K.A. Abbas’s Inquilab (1955) and R.K. of the dignity of his vocation. His first Narayan’s The Guide (1958) which were novel Kanthapura (1938) was hailed by imbued with didactic rumblings in the E.M. Forster as the finest of its kind agonized psyche of the characters.
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Nayanatara Sahgal’s A Time to be Happy variety and abundance of ideas in the (1958) traced the development of work of the old stalwarts, there existed a nationalist movement and the contrast plethora of works by younger novelists offered by the old devoted nationalists illuminating the milky way of Indian with young pragmatic mercenaries. literature in English presenting the problems of human rights. The later fifties and the sixties showed the development of psychological In the novel, The Moors Last Sigh, novels which highlighted the Indian Rushdie highlights corruption in human right issues under the onslaught Churches where the sex starved young of the cultural influences of the west, priest sometimes endeavour to exploit the while Manohar Malgonkar’s A Bend in innocent girls. Rushdie also reacts the Ganges (1964) was an attempt on the sharply against sexual abuse of minor terrorist movement in India. Bhabani children at other level. He shows as to Bhattacharya’s Shadow from Ladakh how Uma Saraswati, an art student of (1966) and R.K. Narayan’s The Vendor of M.S. University, Baroda, was sexually Sweets (1967) gave a perspective analysis abused when she was a minor child by an not only of the historical process of social uncle (Father’s Colleague). She came changes in India after Independence but from a respectable Gujrati Brahmin also deal with the growing problem of family, but had been orphaned at young human rights. age. Her mother, a depressive, had hanged herself when Uma was just The Seventies was a decade of the twelve and her father, driven mad by the writers’ strong protest against the tragedy, had set himself on fire. Uma had political tyranny and autocratic been rescued from penury by a kind tendencies. An attempt was made to ‘uncle’, actually not an uncle, but a portray and project the scenario which teaching colleague of his father, who paid was trying to stifle democracy and curb for her education in return for sexual freedom. Political consciousness of the favours (so not’s kindly’ either). people was awakened by referring to the period of emergency. The fictionalized The talk of human rights can never world of the period was given due be completed without the mention of prominence so that the same sort of female rights and there psyche. In the happenings may not take place again. A later decades of the same century has new lease of life with renewed pledges is witnessed the rise of feminism with promised through the fictional projection strong protest against the atrocities f the futuristic vision vis-a-vis socio- inflicted upon the female folk in the politico-economic situation affecting the contemporary society. Feminism has practice of human rights in modern grown from Kamala Markandaya, Anita India. Desai, R.P. Jhabvala and Nayantara Sahgal to pave way for Shobha De, The nineteen eighties was a Shashi Deshpande, Nina Sibal, Anees fruitful period with Salman Rushdie Jung, Raji Narsimhan, Bharati getting the Booker Award for Midnight’s Mukharjee and others. These newer Children and Vikram Seth stirring the female voices have highlighted the Indian mind with the publication of A interior landscape of the emancipated Suitable Boy. Alongside the richness, woman’s sensibility and her psychological
www.ijar.org.in 5 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] pragmatism. Modern woman has now Khushwant Singh in the later acquired substance and an period also deals with various human unconventional character and has paved rights problems. His first novel, Train to way for a new dimension of the Indian Pakistan (1956), is one of the finest novel in English. The novelists of today novels of Indo-Anglian fiction. It present have begun to delineate the psychology of real pictures of communal violence the characters and the complex environs erupted during partition of India. In the which has greatly affected them. novel, ‘The Company of women’ (1999), he highlights the sexual abuse of Kamla Markandey is also keenly children. Molly in the novel explains as to aware of various social issues. Her novel, how she was sexually exploited by her Handful of Rice (1996), shows the near relative and says; “it was my own importance of rice in the life of poor uncle, my mother’s younger brother, a people. Nectar in a Sieve (1954) good twenty years older than me. Beast! highlights the peasant’s problem existing Took advantage of poor, innocent me” during the colonial rule during pre- (Singh 229). Another character, independence days. Indian farmers Shushantika, also admits that she was cultivate rice fields standing in knee-deep sexually exploited while she was a minor water and sweating in the scratching rays and says, of the sun. For these peasants, rice is just like nectar, the valuable gift of God which I was sixteen. Nothing romantic about gives them eternal life. They produce rice the deflowering. My own uncle, my with great labor but they are unable to father’s younger brother. This usual retain it in their houses. Just like water, thing, you know a close relative whom which cannot be stored in a sieve, rice you trust. It seemed harmless enough at slips down through the fingers of first kissing and cuddling, that sort of peasants and disappears in the corn-bins thing. Then he thought he’d me worked of landlords and money lenders. Nectar in up and started playing with my breasts a Sieve (1954) is also a touching tale of and stroking my crotch (Singh 267). millions of helpless women living in rural Violence against Women in the India. The heroine, Rukmini, represents family occurs in every state or in every the pitiable conditions of unprivileged country. It has long been private mater and helpless women of rural India, who but it becomes the tragedy of public are unrewarded for their labor. They matters. For instance Chettair’s family continue to put up with injustice, from the novel Ladies Coupe by Anita inequality and inhuman treatment Nair, Ammu, her mother from The God throughout their life as if it is their of Small Things , Rose Mona from Rich destiny. Rukmani and her peasant family Like Us. In many countries women fall face every conceivable problem brought victim due to traditional practices that on them by cruel and unjust social order. violate their human rights. There are The novelist not only shows the many harmful customs deeply rooted in miserable life of common rural masses the tradition and culture of the society. but wants to hit also at the unjust Indian women are often considered as existing social and economic order of appendixes of their male relative or rural Indian society. husbands. In the novel ‘Ladies Coupe’ Akhila’s friend Karpagam satirizes
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Manu’s laws. “Who made these laws To conclude we can say that the anyway? Some man who could not bear writers of Indian writing in English have the thought that in spite of his death, his always been keenly aware of various wife continued to be attractive to other happenings of society. They never miss to man” (Ladies Coupe 25). Most of Anita react against the denial and deprivation Nair’s characters experience the burden of human rights and civil liberties such as of tradition related to the role of women inequality, exploitation, discrimination, and civil liberties in Indian society. untouchablity and also denial of human rights etc. The literary creations of Sahgal and Arundhati Roy show the Indian writing in English presents socio- miseries and sufferings of women. Their political situation of society and some of miseries are beyond imagination. They the writers may, therefore, be regarded are bound to live miserable life. The as the “human rights activist behind armless beggar, who is proof of Rose’s mask” for their presentation in the murder, narrates how eight policemen course of expression of creative urge. sexually insult five women from his village. They were exploited by References policemen. Velutha in the novel The God Anand, Mulk Raj. Untouchable. New of Small Thing was crushed to lump by Delhi : Penguin Books, 2001. policemen only because he loves a high caste woman. The treatment which Anita Nair, Ladies Coupe. New Delhi : Ammu gets in the police station is also Penguin Books, 2001. the best example of violation of human Iyengar, Srinivasa. Indian Writing in rights. Inspector Thomas Mathews stared English. Bombay: Asia Publishing at Ammu’s breast as he spoke. He said House, 1962. the police knew all they needed to know and the Kottayam police didn’t take Nickel, James and Leif Wenar. Stanford statements from veshyas or their Encyclopedia of Philosophy, illegitimate children. Human Rights, NY: Retrieved August 14, 2014. Rape is a weapon to subjugate women. The women is safe nowhere. Singh Khushwant. Train to Pakistan. Rape can occur anywhere. For example in New Delhi: Roli Books, 2006. the novel Ladies Coupe Mariakalanthu is Sinha, K.N. Mulk Raj Anand. New Delhi: raped by Chettiar’s nephew, Murugesan. Kalyani publishers, 1995. He makes her an unmarried mother. She becomes the victim of rape at the time of S. K. Panigrahi, Caste in India-A pongal. He catches her and raped Historical Perspective. New Delhi: brutally. She says, “I felt him tear into Cyber tech. Publications, 2000. me, filling me with a great anguish, and Wikipedia.Org/wiki/Human_rights_ the tears began to rain. Thick viscous literature. tears that slid into me. Pale transparent tears that squeezed themselves out from my tightly scrunched up eyes” (Ladies
Coupe 63).
Conclusion
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Human rights- A constitutional mandate
Dr. Ghouse Mohiddin, Professor of Political Science, P.G. Courses, Sir CRR College, Eluru. Abstract: The British colonial rule in India affected the common man, children, women, laborers, workers, peasants, either directly or indirectly. The police and the security forces were used as basic tools to suppress the rights of the individuals. In this context the national movement in India incorporated in its values issues of democracy, universal franchise, freedom of the press, education, etc. It took these issues to the people and educated them about their political and economic rights. In fact national movement took up the battle for human rights in a variety of ways. The British colonial rule in India affected the common man, children, women, laborers, workers, peasants, either directly or indirectly. The police and the security forces were used as basic tools to suppress the rights of the individuals. In this context the national movement in India incorporated in its values issues of democracy, universal franchise, freedom of the press, education, etc. It took these issues to the people and educated them about their political and economic rights. In fact national movement took up the battle for human rights in a variety of ways. Key words: common man, children, women, laborers, workers, peasants Introduction Human Rights and India People are general, whether living in the The concept of human rights in the developed, developing or under existing form is of recent, post Second developing world, cherish the enjoyment World War origin. In India concern for of rights in one form or the other. The human dignity, opposition to exploitation rights are the claims of the individual and injustice and inequality has been a recognized by the society and enforced by part of her civilizational traditions. We the state. These rights are moral, legal, have a long tradition of acceptance of political, and economic in nature and a contrary view-points, tolerance towards combination of all these rights is termed others, non-violence, love and as human rights which all men and compassion, religious universalism and women should enjoy. Today these basic an emphasis on the brotherhood of all rights are even recognized by the men. Colonial oppression and opposition international community. The Indian to it and contact with the west in the constitution which was enforced in 1950 modern period brought in India a new showed its full respect to the Universal understanding of human rights. During declaration of Human Rights. In the third this period while the social reformers led part of the constitution, they have given the intellectual movement and the most elaborate description of the contributed to the human rights basic rights of the Indian citizens. In the situation, the freedom movement remaining of this chapter, we will study produced great champions of human about the India's role relating to human rights. The British colonial rule in India rights. affected the common man, children, women, laborers, workers, peasants,
either directly or indirectly. The police www.ijar.org.in 8 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] and the security forces were used as basic restrictions. The economic and social tools to suppress the rights of the rights are also made basic to the individuals. In this context the national governance of the country through movement in India incorporated in its provisions in part 4, that is the Directive values issues of democracy, universal principles of state policy. This part seeks franchise, freedom of the press, to make these rights substantive by education, etc. It took these issues to the enjoining on future governments to bring people and educated them about their in conditions of social and economic political and economic rights. In fact justice. national movement took up the battle for Apart from Constitutional human rights in a variety of ways. provisions and statutes the Indian Human rights concerns after Government has also set up several independence institutions under different acts of parliament to give effect to these The leaders of the Nationalist provisions of human rights of all persons. movement, who now entered the Most important of these is the National constituent Assembly to draft a new Human Rights Commission [NHRC]. constitution for India, were committed to the cause of the Human Rights. In the National human rights commission constituent Assembly the moving spirit [NHRC] behind the rights was the adherence to The Indian Government the principle of human equality and established the NHRC on 12 October, dignity which was denied to Indians 1993. It has eight members a during the colonial rule. Also as a founder Chairperson (a former chief justice of member of the United Nations India was India), a present or a former judge of the in the forefront in accepting the Supreme Court, a present or a former principles of Universal Declaration of chief justice of a High court, two Human Rights. members from among those persons who At the same time Framers of the are knowledgeable in the area of Human Indian constitution made a remarkable Rights, and the chairpersons of the contribution by laying down an elaborate National Commission for women, set of rights for the people. They sought National Commission for SCs and STs, to achieve a delicate balance between, and the National Commission for Civil and Political Rights on the one Minorities. NHRC has been assigned hand, and Social and Economic Rights on broad powers and functions. It can the other. The makers of the inquire on its own or on a petition Constitution believed in giving equal presented to it by a victim or any person importance to the two sets of rights as a on his behalf into complaints of: cardinal tenet of philosophy underlying (1) Violation of or abetment to it. The political and civil rights are made violation of human rights; fundamental by the provisions of part 3 of the constitution. This part assures the (2) Negligence by a public servant in people equality and freedom. Rights in the prevention of such violation. these parts are judicially enforceable, even though subject to reasonable
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To perform its functions, the such other functions as it may consider NHRC has been given the following necessary for the promotion of human authorities. rights. It may intervene in any In addition to NHRC, there are also proceeding involving any allegation of National Commissions for Women, violation of human rights pending before Scheduled castes and Tribes, Minorities a court with the approval of such court. and other Backward castes. Their functions include protection and It may visit, under intimation to promotion of rights of these specific a state government, any jail or any other categories and suggest measures for their institution under the control the state welfare so that they can better exercise government concerned, where persons their rights. are detained or lodged for purposes of treatment, reformation or protection, to International covenants and activities study the living conditions of the inmates As already mentioned India is a and make recommendations thereon. signatory to the Universal Declaration of It may review the safeguards Human Rights and has acceded to the provided by or under the Constitution or international covenants i.e. International any law for the time being in force for the Covenant on Civil and Political Rights protection of human rights and (ICCPR) and International Covenant on recommend measures for their effective Economic, Social and Cultural Rights. It implementation. has also accepted and ratified most other major conventions and covenants of the It may review the factors, UN and its specialized agencies- like including acts of terrorism that inhibit International Labor Organization (ILO) the enjoyment of human rights and India has also been participating in the recommend appropriate remedial UN Commission for Human Rights, both measures. as a member and as an observer. It It may study treaties and other played a leading role in opposing violation international instruments on human of human rights on grounds of color and rights and make recommendations for race. You have already read in an earlier their effective implementation. chapter India’s contribution in struggle against colonialism, apartheid, racial It may undertake and promote discrimination, etc., which were gross research in the field of human rights; violations of the basic values of human spread human rights literacy among rights. various sections of society and promote awareness of the safeguards available for At international level, there also the protection of these rights through has been debate with regard to publications, the media, the seminars and importance of specific human rights. The other available means. western thinking in general has been that civil and political rights are more It may encourage the efforts of important. India's position however, is non-governmental Organizations and that civil and political rights and social, institutions working in the field of Economic and Cultural rights both are human rights. It may also undertake equally important. Equally important are www.ijar.org.in 10 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] rights of the people as a group and Reference countries for example Right Bela Bhatia and Jean Dreze, “Campaign Development. India, while in rural India”, Transparency wholeheartedly supporting the cause of International Working Paper (Berlin, 19 human rights, has always opposed the September 1998). politicization of Human Rights in international relations, where some Commonwealth Human Rights Initiative, powers have been trying to use the “Development on right to information in pretext of human rights violation for India”, available at: interfering in the internal affairs of other http://www.humanrightsinitiative.org/pro countries. grams/ Conclusion Sanjay Kapoor, “India’s fight to know”, Asiaweek Magazine, vol. 26, No. 30 (4 From the above it becomes clear that August 2000). India's response to the issue of human rights has been one of commitment. “Poverty and the right to know: using Fundamental rights and Directive information to demand equity and principles of state policy provided in the justice”, proceedings of a Brookings Constitution of India contain a number of Forum, 28 October 2004, Brookings rights provided in Universal Declaration Institution, includes presentation and of Human rights. India is also a signatory remarks by Aruna Roy, Founding to this Declaration as well as most of the Member, Mazdoor Kisan Shakti International conventions and covenants. Sangathan (Rajasthan, India), available It has also joined hands with the at: http://www.brookings.edu/comm/ international community in the task of events/20041028.htm promotion and protection of Human Aruna Roy and Nikhil Dey, “Fighting for Rights throughout the world; it has the right to know in India”, available at: played a leading role in the fight against http://www.freedominfo.org/ colonialism, apartheid racial discrimination and exploitation. As far as implementation of commitment to
Human rights is concerned, India record is better than compared to many other developing countries. Most significant aspect of this is continuation and consolidation of democracy. However, there are some violations of human rights by state machinery, police, security forces and non-state actors like terrorists and fundamentalists. As such, India, must evolve herself as a leading example for the developing countries in terms of respect for human rights.
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Human Rights Education – Need of the Hour
Dr.K.V. Krishnam Raju, Associate Professor, SRKR Engineering College, Bhimavaram
Abstract According to the United Nations, education is a right to which all human beings are entitled. Since2000, the UN has been promoting the Millennium Development Goal to achieve free universal primary education for all, regardless of gender, by 2015. If the UN is correct to suggest that education is both a human right in itself and an indispensable means of realizing other human rights, then there is an important need to question the role that governments should play to support the institutional reforms necessary to achieve basic primary education for all. Moreover, there is an important need to question the role all individuals should play to ensure that the institutional structure dedicated to the provision of basic primary education is set up not only to provide children with access to a vague notion of education but to a notion of basic education that can provide children with the freedom to do something with that education once they have obtained it. In this paper the author explores the issue of human rights and its importance in the modern society. The significance of human rights education is explored. The author discusses the ways in which human rights could be incorporated in the school curriculum. Key words: human rights, inalienable, indivisible
Introduction: be assured of at least his rights to life, liberty and security of person. Human suffering and misery in the remotest part of the world invariably Since December 10, 1948, the affects the whole family of man. Man has signing of the Universal Declaration of to suffer, not only when the part of the Human Rights by the United Nations world in which he is residing is visited by sixty-seven years ago, the common people natural calamities like earthquakes, in most developing countries are still famines, floods, diseases etc., but suffering from denial and abuse of the occasionally also at the hands of men rights. Human Rights were first driven mad by power political, economic articulated in 1948 in the Universal or social. In both types of situations Declaration of Human Rights. The response from the rest of humanity is meaning of human rights is those rights spontaneous. In the former case, it takes that belong to every individual man, the form of efforts to bring relief to the woman, boy, girl, infant or elder simply stricken. But whenever man has been because he or she is a human being. The made to suffer at the hands of other men, UDHR has a complete statement that the conscience of humanity has been covers economic, social, cultural, political outraged, and the cry has gone round for and civic rights. These rights apply to all some sort of guarantees to afford people everywhere. Arbour and Johnson protection to him against the tyranny of refer to human rights as the sum of his fellow human beings, so that he can individual rights and collective rights laid www.ijar.org.in 12 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] down in state constitutions and enjoy all rights and they should not be international law. Human rights are denied any right. Despite the based on the principles of respect, dignity documentation of the need to respect and and equality. These rights are enshrined uphold human rights, Amnesty in many international human rights International (2009) reports that there is treaties such as the UDHR.1 still gross violation of human rights in most parts of the world. Amnesty The human rights are universal International (2009) reports that there is and inalienable, indivisible, torture and abuse in at least 81 countries, interdependent and interrelated. Human unfair trials in at least 54 countries and rights are universal, meaning that no one restrictions in freedom of expression in at has to earn or deserve human rights. The least 77 countries. This paints a gloomy universality comes about from the picture of the upholding of human rights; realization that everyone is born with as such violations are inconsistent with and possesses the same rights regardless contents of the UDHR, which many of race, country, colour, gender, religious, countries have ratified.2 Vulnerable cultural or ethnic background. Human groups such as women and children are rights are inalienable in the sense that also marginalized in many ways, further they can never be taken away from an showing violation of their rights. A sure individual. By virtue of born as a human way of ensuring that people are aware of being one cannot lose these rights. Thus, their rights so that they can stand for no person may be divested of his or her them is to teach them about their rights. human rights save under clearly defined Teaching of human rights also ensures legal situations. Indivisibility means, one the nurturing of appropriate values cannot be denied a right because one consistent with the promotion of human decides that it is less important or non- rights. essential. Universal Declaration of Human Rights: The human rights are interdependent because all rights: The Universal Declaration of political, civil, social, cultural and Human Rights was adopted on the belief economic, are of equal importance and that human rights are common to every none can be fully enjoyed without others. being. According to Vieira de Mello the Human rights are interdependent in that, declaration recognizes that the “inherent all human rights are part of a dignity of all members of the human complementary framework because each family is the foundation of freedom, human right entails and depends on justice and peace in the world” and is other human rights. Violating one such connected to the recognition of the right affects the exercise of other rights. fundamental rights to which every For example, the right to life presupposes human being aspires.3 The idea of human respect for the right to food and good rights as we know them today emerged standards of living. stronger after the Second World War. As a result of the experiences of the Second The defense of economic and World War, the international community social rights presupposes freedom of vowed not to allow atrocities and turmoil expression, assembly and association. In that had been witnessed in the war to this regard, all human beings should occur again. So the world leaders decided www.ijar.org.in 13 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] to complement the United Nations (UN) Nations Declaration on Human Rights Charter on a roadmap to guarantee the Education and Training. The United rights of individuals everywhere. Nations Declaration on Human Rights Contemporary international human Education and Training states that, rights were marked with the Universal “….human rights education Declaration of Human Rights which led comprises all educational, training, to the codification, at international level, information, awareness raising and of human rights. learning activities aimed at promoting The UN has played a leading role universal respect for and observance of in defining and advocating human rights. all human rights and fundamental Article 1 of the Charter of the United freedoms. Human rights education Nations declares “promoting and contributes to the prevention of human encouraging respect for human rights rights violations and abuses by providing and for fundamental freedom for all persons with knowledge, skills and without distinction as to race, sex, understanding, and by developing their language or religion.” It also proclaims attitudes and behaviours to empower that “all human beings are born free and them to contribute to the building and equal in dignity and rights. They are promotion of a universal culture of endowed with reason and conscience and human rights” (United Nations should act toward one another in a spirit Declaration on Human Rights Education of brotherhood.” and Training 2011: paragraph 1). At the world Conference of The United Nations, therefore, Human Rights held in Vienna, Austria in has deliberate plans for all signatories to 1993, 171 countries reiterated the the UDHR to put in place educational universality, indivisibility and measures to sensitize the populace on interdependence of human rights. They human rights. Awareness of rights allows reaffirmed the importance of promoting common people to defend their rights and respect for human rights through of importance is the inculcation of a education and recommended a culture of human rights as part of social, framework for action (Vienna Declaration political and economic life. Similarly, and Programme of Action, paragraph 33, according to Flowers “human rights part I). They adopted the Vienna education is all learning that develops the Declaration and Programme of action. knowledge, skills and values of human Since 1994, the United Nations Decade rights.”5 for Human Rights has urged all UN The United Nations Declaration nations to promote “training, on Human Rights Education and dissemination and information effort Training also asserts that human rights aimed at building of a universal culture of education encompasses education about human rights.4” This precipitated the human rights. This includes providing development of human rights education. knowledge and understanding of human UN Declaration on Human Rights rights norms and principles, the values Education and Training: that underpin them and the mechanisms for their protection, through human The teaching of human rights rights, which includes learning and education is informed by the United www.ijar.org.in 14 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] teaching in a way that respects the rights tries to promote appreciation for human of both educators and learners, and for rights as a fundamental ethical and legal human rights. This also empowering basis of society and teach the value of persons to enjoy and exercise their rights human rights enforcement. Human and to respect and uphold the rights of rights education also fosters the attitude others (United Nations Declaration on and behaviour to uphold human rights Human Rights Education 2011, Article 2 for all members of the society. Effective paragraph 2).6 This shows a multipronged human rights education not only provides approach to the teaching of human knowledge about human rights and the rights, with the most important objective mechanism that protects them, but also being to empower learners on human develop the skills needed to promote, rights. The teaching of human rights in defend and apply human rights in daily schools and colleges is very important in life.8 sensitizing the young on human rights. Human Rights Education sheds Of importance is ensuring that light on the important protections the teachers themselves are effectively achieved by human rights, and prepared to facilitate human rights documents the tragic outcome when the education. Once teachers understand and ideal was largely absent or abandoned. appreciate the issue of human rights, Thus, human rights education is they will be in a position to effectively important in as far as it contributes to facilitate learning that promotes human the prevention of human rights violations rights. “The school should not just teach and abuses by providing persons with knowledge on human rights but it should knowledge, skills and understanding, and be a place where the dignity of every child by developing their attitudes and is upheld …’7. Teachers should therefore behaviours to empower them to be able to incorporate human rights in contribute to the building and promotion both formal and hidden curriculum. of a universal culture of human rights.9 Importance of Human Rights Education: In this sense, Human Rights Education contributes to the long term The aim of a Human Rights prevention of human rights abuses and Education curriculum could enhance violent conflicts, the promotion of knowledge and understanding of human equality and sustainable development rights, respect, solidarity, and and enhancement of participating in responsibility, develop awareness of how decision making process within a human rights can be translated into democratic system. Human Rights social reality as developing skills for Education promotes an understanding of protecting human rights. The most the complex global forces that create important one is inculcating values and abuses, as well as the ways in which attitudes of human rights in students abuses can be abolished and avoided. resulting in the promotion and protection Human rights education engages the of the rights. heart as well as the mind. It challenges Human rights education does not students to ask them personally and simply aim to teach students – whether encourages them to translate caring into children, adolescents, or adults about informed, non-violent action. In this human rights norms and laws. It also respect, one can say that human rights www.ijar.org.in 15 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] education facilitates peace and development and enhancement of development. Human rights education participating in decision making process also aims to create a baseline consensus within a democratic system. Human that enables students and citizens to Rights Education promotes an engage with controversial social and understanding of the complex global political issues. It provides multicultural forces that create abuses, as well as the and historical perspectives on the ways in which abuses can be abolished universal struggle for justice and dignity. and avoided. Human rights education Human rights education aims at engages the heart as well as the mind. It developing an understanding of our challenges students to ask them common responsibility to make human personally and encourages them to rights a reality in every society. Human translate caring into informed, non- rights education helps to develop the violent action. In this respect, one can say communication skills and informed that human rights education facilitates critical thinking essential to a democracy. peace and development. Conclusion References: The issue of Human Rights is 1. Arbour L, Johnson AB - Human very important in line with global Rights Handbook for citizenship, the world over. Human rights Parliamentarians, No. 8 of 2005. are very important human entitlements International Parliamentary as enshrined in the Universal Declaration Union. New York: United of Human Rights. Most countries in the Nations High Commission for world are signatories to their Universal Human Rights (UNHCHR) Declaration of Human Rights and several Office, 2005. other treaties that promote and 2. Amnesty International Report- safeguard different forms of rights. All 2009. Working to Protect Human human beings should be aware of their Rights. From rights in order to defend them and be
The Human Rights Education: Handbook Effective Practices for Learning, Action, and Change, 2000. Minneapolis, MN: The Human Rights Centre and the Stanley Foundation. 6. United Nations General Assembly Resolution 66/137, “United Nations Declaration on Human Rights Education and Training”, 19 December 2011. From http://www.ifu.org/posts/advocacy -news/dealhret (Retrieved on 9 October 2013). 7. OSCE Office for Democratic Institutions and Human Rights 2012. Guidelines on Human Rights Education for Secondary School Systems. Warsaw: OSCE/ODIHR. 8. United Nations - The UN Decade for the Human Rights Education 1995-2004: Lessons for Life (Geneva; Office of the High Commissioner for Human Rights 1998)3. New York: United Nations. 9. United Nations Declaration on Human Rights Education 2011. Article 2 Para 1 and 2 From
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The Role of Human Rights Organizations K. S. R. P. K. John HOD of Physics S.V.K.P & Dr. K.S. Raju Arts & Science College, Penugonda
Abstract: Organizations such as Indian Institute of Human Rights, Amnesty International and Human Rights Education Associates (HREA) promote human rights education with their programmes, believing "that learning about human rights is the first step toward respecting, promoting and defending those rights". Amnesty International defines Human Rights Education as a “deliberate, participatory practice aimed at empowering individuals, groups and communities through fostering knowledge, skills and attitudes consistent with internationally recognized human rights principles”. Key words: fostering, empowering, principles Introduction African Commission on Human and Peoples’ Rights: This Commission is in Human Rights organizations aim to charge of monitoring the protection of protect human rights on different levels humans’ rights and ensuring the some being more specific to geographical protection and promotion of these rights. areas, others are based on governmental It also is charged with the responsibility influences, others are nonprofit and of interpreting the African Charter on education based, while others specifically Human and Peoples’ Rights. This aim to protect a certain group of Commission is limited to the continent of individuals. The following are Africa and the countries within it. organizations with brief descriptions of their aims, targeted audiences, and Amnesty International: One of the affiliations. According to the Office of the largest human rights High Commissioner for Human Rights organizations, Amnesty (OHCHR), each submission whether International includes 2.2 million private or public, governmental or NGO members from upwards of 150 countries. is evaluated with regards to the following The organization concerns research as context: appropriateness, effectiveness, well as action in order to prevent and end originality, ease of use, adaptability, human rights abuses. They are also sustainability, approach, and focused on seeking justice for the inclusiveness. Each characteristic of violations which have already been which is detailed in the article Human committed. Rights Education in the School Systems The Asian Human Rights Commission: of Europe, Central Asia, and North The goals of the AHRC are “to America: A Compendium of Good protect and promote human rights by Practice. monitoring, investigation, and advocating African Centre on Democracy and and taking solidarity actions”. This Human Rights Studies Commission is limited to the continent of Asia and the countries within it.
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The Australian Council for Human Rights Education Children’s Defense Fund (CDF): The Australian Council for Human The Children's Defense Fund attempts to Rights Education (formerly National create policies and programs to ensure Committee on Human Rights Education) equality to all children. They work was established in 1999 actively pursue towards decreasing the child poverty rate human rights education in Australia in as well as protecting children from abuse response to the UN Decade on Human and neglect. The members of the CDF act Rights Education. ACHRE is registered as advocates for children to help ensure in Victoria under the Associations they are treated equally and have the Incorporations Act 1981 and Dr Sev right to care and education in the future. Ozdowski is its current President. The Coalition for Human Rights Education key achievements of the committee (COHRE): The Coalition for Human include establishment of State and Rights Education formed as a result of Territory networks to promote experiences of human rights abuse. It is nationwide the goals and program of operating in Uganda based in Wakiso activities of the Citizen for Humanity District. The organisation will have links project; provision of online human rights through the country and wants to expand educational materials for primary and knowledge about human rights secondary schools community throughout the country. COHRE works organizations as well as for government with government bodies, private representatives and officials; organisations, schools, minority groups establishment in 1983 of Centre for and women and children in communities human rights education at Curtin through training in order to bring about University and in 2007 of the National learning the basic human Rights. It Centre for Human Rights Education at provides training to the rural RMIT University in Melbourne; communities and organised groups which organization of in international human equips an individual to better living rights education initiatives such as concerning human rights in areas like conferences, for example International health, protection, love, and hope. Conferences on Human Rights Education - see:, and provision of HR training. International Centre for Human Rights Education The Chapel Hill and Carrboro Human Rights Center Canada has instituted this non- formal program in which primary school The Human Rights Center (HRC) aged children are introduced to human in Carrboro is home to advocacy and rights education through after school service organizations, run as a 501(c)3 programs and summer camps known as non-profit organization by UNC professor Play it Fair! Its purpose is to educate the Judith Blau and by volunteers, many public on how important human rights through the University as well. Many are by starting the education at such a volunteers come through the Social and young age. It is “intended to raise human Economic Justice SOCI rights awareness in children and educate 273 APPLES course, and they mainly them against discriminatory attitudes focus on immigrant rights.
www.ijar.org.in 19 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] and behaviours, thus equipping them Watch protects human rights by with skills to confront them”. investigating claims, holding abusers accountable of their actions, and Facing History and Ourselve monitoring and challenging governments This US developed online module to make sure that they are using their organization aims to provide information power to end abusive practices efficiently investigating “how societies attempt to and to the fullest. rebuild, repair, and bring a sense of Conclusion justice and security to their citizenry in the aftermath of conflict and genocide”. Sudbury model of democratic The module has specifically designed its education schools maintain program based on four case studies: that values, human rights included, must Germany, Rwanda, Northern Ireland, be learned through experience as and South Africa. This resource has Aristotle said: "For the things we have to proven helpful in order to study how learn before we can do them, we learn by individuals, organizations, and doing them." They adduce that for this governments have fostered “stability, purpose schools must encourage ethical security, reconciliation, coexistence behavior and personal responsibility. In and/or justice”, all of which are explained order to achieve these goals schools must in further detail on the organization’s respect human rights in school by website, www.facinghistory.org. allowing students the three great freedoms—freedom of choice, freedom of Human Rights Action Center action and freedom to bear the results of This nonprofit organization is based in action—that constitute personal Washington, DC and headed by human responsibility. rights activist Jack Healy. This center is References: supportive of other growing organizations across the world. Their focus is on the 1. Lindblom, Anna-Karin, Non- issues documented in the Universal governmental organisations in Declaration of Human Rights. international law,Cambridge University Press, New York, 2005, United Nations Human Rights Council p.52 This council includes forty-seven states 2. Brett, Rachel, The Role and Limits of and is charged with the responsibility of Human Rights NGOs at the United promoting and protecting human rights Nations, in, Beetham, David, Politics on the international level. The council and human rights, The Political has a specific Advisory committee which Studies Association, Blackwell assesses each situation as well as an Publishers, Oxford, 1995, p.97 outlined Complaint Procedure which must be followed in order for an 3. Thomas, Clive S., Research guide to individual or organization to bring a United States and international violation to the attention of the Council. interest groups, Praeger Publishers, Westport, 2004, p.272 Human Rights Watch
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Education of human rights in India – the need of the hour a critical analysis
Dr. S. Durga Lakshmi, Assistant Professor, Government Law College, Coimbatore, Tamil Nadu
Dr. A. Uttama Durga Devi, Reader in Commerce, St. Theresa’s College for Women, Eluru, (W.G. Dist.,) Andhra Pradesh Abstract: Human rights education can be disseminated to all the young children at the class room level. Government must support and periodically review plans of human right education at local and national level. The important factor in human rights education is not just knowledge, but how to apply it in our lives. The test will be for students and teachers to recognise rights in their schools, in their homes and in the local community. The exposure and feedback of their encounters with live situations of human rights violations, with victims and activists who have helped to redress wrongs will emphasize the value of human dignity the sufferings of others and an increased sensitivity.
Key words: human rights violation, humanitarianism, constitution
Introduction minimal rights that individuals need to have against the state or other public The importance of human authority by virtue of their being rights education hardly requires any members of the human family, the formation of United Nations irrespective of any other consideration.1 Organisation in 1945 suggested that The concept is not new thought and it some of its principles of human rights was prevalent in the ancient system. The accepted in framing of new constitution concept of a higher law binding human of various nations. A new spirit emerged authorities was evolved and it came to be in the minds of framers of Indian asserted that rights created by human constitution in the sphere of human authorities were universally applicable to rights and human welfare. The people of all ages in all regions. These fundamental rights and Directive rights were mere ideologies and there Principles of State Policy are based on was no agreed catalogue of them and no the principles of humanitarianism and machinery for their enforcement until human rights. All human being are born they are codified into national free and equal in dignity and rights” - so constitutions as a judicially enforceable stated Article 1 of the Universal bill of rights.2 Declaration of Human Rights in 1948. This is what the Indians have been Importance of human rights education preaching since times immemorial as it The importance of human rights has become the immemorial customs of education hardly requires any over our nation. Human rights are those www.ijar.org.in 21 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] emphasis. It has a crucial role in must encourage ethical behavior and preventing human rights violations from personal responsibility. occurring. The United Nations The formation of United Nations proclaimed that human rights education Organisations in 1945 suggested that is “training, dissemination and some of its principles of human rights be information efforts aimed at the building accepted in the framing of new of a universal culture of human rights constitution of various nations. A new through imparting knowledge and skills spirit emerged in the minds of the and the moulding of attitudes. Human framers of the Indian Constitution in the Rights Education became a central sphere of Human Rights and human concern internationally after the World welfare. The framers of our Constitution Conference on Human Rights in 1993. referred not only to the Constitution of The emphasis on Human Rights various countries but also to the UN Education began in 1995 with the charter. beginning of the UN Decade for Human Rights Education. The first formal The importance of human rights request for the need to educate students education hardly requires any The about human rights came about in formation of United Nations UNESCO’s 1974 article Recommendation Organisation in 1945 suggested that concerning Education for International some of its principles of human rights Understanding, Cooperation and Peace, accepted in framing of new constitution and Education Relating to Human Rights of various nations. A new spirit emerged and Fundamental Freedoms. in the minds of framers of Indian constitution in the sphere of human The participants of the rights and human welfare. The framers International Congress on the Teaching of our constitution referred not only to of Humans Rights eventually met in 1978 the constitution of various countries but to form a specific definition of what also to the UN charter. The would be required application of the fundamental rights and Directive education in formal curricula. The aims Principles of State Policy are based on at which the Congress agreed upon the principles of humanitarianism and including the encouragement of tolerant human rights. The Preamble to the attitudes with focus on respect, providing constitution expresses the resolution of knowledge of human rights in the context the people of India to secure to all Indian of national and international dimensions citizens ‘Justice, liberty of thought, as well as their implementations, and expression, belief, faith and worship, finally developing awareness of human equality of status and of opportunity and rights translating into reality whether to promote among them all, fraternity social or political on national and assuring the dignity of the individual and international levels. The incorporation of the unity and integrity of the nation’. human rights education into formal school curricula could get developed and On the basis of the Directive Principles diversified with the assistance of of State Policy the union government nongovernmental organisation. The enacted a number of Acts related to purpose of the Human Rights Education human rights such as Abolition of demands that educational institutions untouchability act, Suppression of
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Immoral traffic act 1956, Dowry of legalism in our politicized environment Prohibition act 1961 and so on. In order permits “Emergencies” in non-political to ensure human rights and safeguard areas and in the private sector as well. the interests of Minorities and weaker The researchers are of a feeling that mere sections of the community our tight boots of law do not make clumsy Constitution has created several feet look handsome, as people are not independent bodies such as Minorities equal. Mere consciousnesses of the commission, Language commission , possession of human rights do not entitle Scheduled caste and Scheduled tribes persons to equal respect. Ethnic commission. A commission on motivation has blurred the distinction improvement of status of women which between what Madison identified as was setup in 1973.3 common interest and passions, which are not always predictable.5 The aim of this research paper is to emphasize the need to create awareness The political cultural heritage is not among the people about the various genetic in our country, particularly when rights enshrined in Constitution of India. it can be changed by the procedure of The Fundamental rights that are amendments to unbind laws that are too guaranteed under the Constitution have tight Article 51A inserted by 42nd a close similarity with those in the United amendment in 1976 identified the Nations Declaration of Human Rights in fundamental duties of every citizen such form and contents in Articles as to abide by the constitution and 14,15,16,19,20,21,23,25,29,31 and 32. 4 respect its ideals, the National flag and The constitution provides six basic Rights the National anthem. The pursuit of as to Right to Equality under Articles 14 human rights legitimises the to 18. The Right to Freedom under constitutional order providing it a patina Articles 19 to 22. The Right against of decency and pre-empting economic and Exploitation is found in Articles 23 and military sanction against a country for its 24 and the Right to freedom of religion record in the defence of human right. 6 under Articles 25 to 28. Cultural and The concept of human rights evolved over educational rights are provided in centuries and was concretised in the Articles 29 and 30, While Articles 32 and standard setting instrument of United 226 gives the important right to Nations. The divisibility of human rights constitutional remedies. became a contentious issue settled only by a firm declaration by the UN charter The researchers are of the opinion that and the two covenants. India which the nature of our state is partly incorporated human rights in its determined by its authority, its capacity Constitution, ranked civil and political to maintain law and order, its rights higher than economic and social administration of justice and its rights. Nevertheless India has passed effectiveness. The number of violations much legislation and has initiated various has been increasing. Greater programmes to operationalize economic specialisation in human rights legislation rights without which civil and social is also essential, so that the violators can rights would be meaningless to the be quickly charged and prosecuted. Until weaker sections of the Indian society. the conviction rate rises, human rights protection will remain illusory. The use Recent period www.ijar.org.in 23 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
The need of the hour is to educate Literacy programmes to educate the and create awareness about the rights people on human rights in the latter part available to every human being. The of the twentieth century have been teaching of human rights as a topic has carried on by various agencies. Through been periodically suggested in several the Open University system and audio seminars by teachers and educators. video programmes the distance education Advocates of human rights have institutions established in Britain, stressed the need for everyone, Australia, India, Canada, China and few everywhere to know about his or her own other countries offer education and rights as an essential element towards impart knowledge on the rights of the the universal implementation of human people. Various projects like organizing rights norms so far, the curriculum of regional workshops to address strategy human rights as a subject has not and methodology for human rights received enough attention.7 education at the grass root level, development of an international team to The researchers on analysis of train others in implementing culturally the various socio-economic and political relevant methods of human right factors is of the opinion that the purpose education can be initiated. of education is to give people enhanced awareness, greater openness, the courage The purpose of human rights education to pose questions, perseverance in demands that the educational institution searching for solutions and to equip must encourage ethical behaviour and themselves. The goal of initial education personal responsibility. is to equip one with basic minimum levels Human rights education can be of knowledge, attitude, skills and values disseminated to all the young children at to start one’s life journey8. Education is the class room level. Government must an instrument of development and a support and periodically review plans of factor for social change. human right education at local and Hence the human right to education national level. The important factor in must be offered to all human beings human rights education is not just without any discrimination. However knowledge, but how to apply it in our many who are ignorant and illiterate are lives. The test will be for students and unaware that they are entitled to these teachers to recognise rights in their rights. The literates on many occasions schools, in their homes and in the local fail to educate others about their rights community. The exposure and feedback and thereby fail in performing their social of their encounters with live situations of obligation to their fellow human beings. human rights violations, with victims and The curriculum or syllabus in schools and activists who have helped to redress colleges should give priority to human wrongs will emphasize the value of rights and make it integral to the human dignity the sufferings of others learning process. Each and every school, and an increased sensitivity. An equally college and university ought to become an commendable effort by the government entry point to human rights knowledge would be to undertake and develop areas within the curricula and an extension in of human rights research in educational to massive adult education programme institutions at the regional and national for human rights.9 www.ijar.org.in 24 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] level with support of non-governmental References organisation as participants.
It is the sixtieth year of independence 1 Human rights in India-historical, social and and also the anniversary of the political perspective –‘Awakening of human Declaration of Human Rights and our rights by sundara raj edited by C.J. Nirmal , world has become more dehumanised Institute of Indian and International studies- than ever before. In affirming human Oxford press- New Delhi- fourth impression 2006 page: 1. rights for our people the need arises to 2 Durga Das Basu- Human Rights in sensitise ourselves and not simply stand constitutional Law- cprentice hall of India, by when violations occur. Education in New Delhi, 1994: pp 5-6. every house in the classroom and in the 3 Report of the Backward class commission field will constitute a new awakening. Tamilnadu 1970, vol 1[ govt of tamilnadu , The challenge is to continuously impart Madras 1974]pages 1-6; Reports of committee knowledge of human rights at the most on the status of women in india[ govt of India, formative stage of human development New Delhi,1974]page 74. 4 and keep that knowledge active. It is our Chandara khare subhas , Human Rights and United Nations [ Metropolitan Book company opportunity and responsibility to build ,Delhi 1977]pp-195-7. bridges or fashion web of connections 5 Madisons, Records 1.35, comments by H. between common place daily experience White, the philosophy the Federalist and the relating to human rights and unfamiliar constitution[oxford University press New adult world, between naive ideas and York 1987] ch.7 complex abstract principles, between 6 Fundamental rights- The constitutional local or national problems and foreign or context of Human Rights- Leela Simen and international problems, between past or chiranjivi. J. Nirmal – Human Rights in India present, between the codes of conduct we – Historical, social and political perspectives- Oxford press, New press, New Delhi ;p.50 have internalized in a small group and 7 K. Abraham Magendzo “Human rights more generalised codes of national and teaching at all level of schools, university and 10 international law . professional Education methods and contents Conclusion – University news( New Delhi ) vol.32, sep 1994,p.1 The researchers conclude this research paper quoting the words of 8 Documental National policy on Education , Jose.W.Diokono, founder of the Free 1986 – A review in New frontier in Education Legal Assistant Group in the Philippines, XXI(1), jan – mar 1991,pp65-7. 9 L.M. Singhvi , ‘’A pionerring Role’ in US stated, “it is extremely dangerous to Bajpai [ed] forty years of the United Nations [ defend our rights, but it would be Lancer International in association with India infinitely worse not to do so. If we do not International centre , New Delhi,1987,p.163. struggle with all that we have and do all 10 Herbert J .Abraham , World problems in that we can to vindicate our rights, we do classroom ; A teacher’s guide to the same not only condemn our rights to death we United Nations Tasks [ UNESCO, Paris also condemn our hopes and dreams, and 1973],p.79. our present and our children’s future. Which course shall we choose? Only we can answer, as we have no right to pass by.
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Human Rights and Differently-Abled People
Dr. A. Uttama Durga Devi Reader in Commerce, St. Theresa’s College for Women Eluru, W. G. Dist., AP.
Abstract: Human Rights are universal, and civil, political, economic, social and cultural rights belong to all human beings, including differently-abled persons. Differently – abled persons are entitled to the realization of all human rights and fundamental freedom on equal terms with others in society, without discrimination of any kind. They also enjoy certain human rights specifically linked to their status. The right to have an independent life, right to barrier free access, education, employment, equality of opportunities and non-discrimination are the major rights of differently abled persons. Thus the programmes related to an awareness-raising, social support are necessary to change the way society operates and to dismantle the barriers that prevent persons with disabilities from participating fully in society are needed. Key words: Human Rights, universal, civil, political, economic, social and cultural rights
Introduction socio-economic opportunities available to others in the community. It is estimated Disability is now being accepted that 15 to 20% of the poorest in the world as a curable medical condition. The are people with disabilities. disabled are no longer expected to be treated as outcasts of society. Science and Human Rights are universal, and innovation has provided tools to civil, political, economic, social and supplement their disabilities. A disability cultural rights belong to all human is often defined as the malfunctioning, beings, including differently-abled disturbance or loss in the normal persons. Differently – abled persons are functioning of physical, mental or entitled to the realization of all human psychological processes, or a difficulty in rights and fundamental freedom on equal the ability to learn, or adjust socially, terms with others in society, without which interferes with a person’s normal discrimination of any kind. They also growth and development. Disability enjoy certain human rights specifically affects approximately 10 – 12% of every linked to their status. Accessibility is a country’s population. Less than 5% of precondition for inclusion of persons with people with disabilities have access to disabilities. It enables persons with services. 80% of people with disabilities disabilities to live independently and to live in low income countries. Disability participate comfortably and safely in and poverty are directly linked: poverty their community. Universal design increases the risk factors which lead to involves a fundamental shift in design disability, and people with disabilities are thinking shift in design thinking from more likely to be poor because they lack “special” design for people with access to health, education, political and disabilities, to “general” design for
www.ijar.org.in 26 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] everyone, and it is based on the premise Indians suffer from some form of that buildings, policies, technology and disability. Seventy five percent of persons products must be designed in such a way with disabilities live in rural areas. A that it is usable by all intended users and good percentage of these would either be offer highest level of independence, safety unemployed and/or illiterate. Poverty, and usability of all, without the need for many a times becomes a cause of additional adaptation or specialized disability, like, due to malnutrition, lack design. of clean drinking water, disease, lack of access to medical help. The disabled Objectives of the Paper: member often remains non-earning The main objective of the paper is member of the family due to lack of to examine the human rights of opportunities. differently abled people. The other Moreover, it is also possible, that objectives are as stated below: one or more people from the family are To study the causes of disabilities required to be with the disabled member at all times, and are therefore, not able to To examine the access to ICTs and move out for earning. The disabled in ICT enabled services for persons with rural India face many barriers to disabilities in rural India inclusion. The Constitution of India To analyse the rights of the guarantees equality, freedom, justice and differently abled people dignity of all individuals and implicitly mandates an inclusive society for all To find various acts of the differently including the persons with disabilities. abled people. Suitable policies and programmes have Causes of Disabilities: been laid down/initiated by various Ministers and Departments of the The most common causes of Government of India to address the needs impairment and disability include chronic of PwDs, with the Ministry of Social diseases such as diabetes, cardiovascular Justice and Empowerment being the disease and cancer. Injuries such as those nodal ministry. due to road traffic crashes, conflicts, falls, landmines, mental impairments, birth The National Policy defects, malnutrition, HIV/AIDS and for Persons with Disability 2006 was an other communicable diseases. Disabilities important development and welcome step include visual impairment, hearing by the Government of India. The impairment, locomotor impairment, following are the main provisions: cerebral palsy, mental retardation, Women with disabilities mental illness, autism and multiple disabilities. Children with disabilities Access to ICTs and ICT enabled services Prevention, Early Detection and for persons with disabilities in rural Intervention India: Programmes of Rehabilitation India is home to one Table - 1 of the largest enabled population in the world. As per census 2001, 21.9 million www.ijar.org.in 27 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Disabled Population by Sex and than scheduled tribes i.e. 2.05%. In this Residence India: 2001-11 figure male disabled are more than that of disabled female. Residen Persons Males Females ce The above table shows the disability census 2011. Total population is Total 26,810,5 14,986,2 11,824,3 categorized into three type’s namely total 57 02 55 disabled population, total disabled Rural 18,631,9 10,708,0 8,223,75 population and disability rate per lakh 21 34 3 population. As we know the population in India has been increasing every year. At Urban 8,178,63 4,578,03 3,600,60 the end the year 2011, population stands 6 4 2 at 1,210,864,977. Disabled persons are Source: C-Series, Table C-20, Census of more in the male category with India 2001 and 2011 14,989,593 than female which is 11,826,401. The above table discloses the population of disable Rights of the Differently Abled Persons persons by sex and residence India during and Various Acts: 2001-11. Out of the total 26,810,557, The following are the various rights and disabled males are more than that of acts of the differently abled persons: disabled female 14,986,202. It clearly shows that disabled persons are more in Convention on the Rights of rural areas than urban areas. Persons with Disabilities 2008: it is an International Human Table - 2 Rights Treaty of the United Proportion of Disabled Population by Nations intended to protect the Social Groups India, 2011 (%) rights and dignity of persons with disabilities. Parties to the Social Group Persons Males Females Convention are required to Total 2.21 2.41 2.01 promote, protect, and ensure the full enjoyment of human rights Scheduled 2.45 2.68 2.20 by persons with disabilities and Castes ensure that they enjoy full Scheduled 2.05 2.18 1.92 equality under the law. Tribes The Persons with Disabilities Act Other than 2.18 2.37 1.98 1995: According to Section 2(t) SC/ST ‘person with disability’ means a Source: C-Series, Tables T-20, C-20SC person suffering from not less and C-20ST, Census of India 2011 than forty percent of any disability as certified by a medical The proportion of disabled population by authority. social groups India, 2011 found that Social groups include scheduled castes Right to Education: Every child (SCs), scheduled tribes (STs) and other with disability shall have the than those groups. Disabled persons in rights to free education till the scheduled caste are more with 2.45% age of 18 years in integrated www.ijar.org.in 28 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
schools or special schools. They of Rights and Full Participation) shall have the right to free books, Act, 1995 scholarships, uniform and other The National Trust for Welfare of learning material. Government Persons with autism, cerebral shall reserve at least 3% seats for palsy, Mental retardation and people with disabilities. multiple disabilities act, 1999. Right to Employment: 3% of National Policy for persons with vacancies in government disabilities. employment shall be reserved for people with disabilities, 1% each Marriage Act for the persons suffering from Succession Act, 1956. blindness or low vision, hearing impairment, locomotor National Building Code of India disabilities and cerebral palsy. 1983 with proposed Amendments Right to Health: The health Conclusion: needs of the differently abled The right to have an independent life, person is the prime duty of the right to barrier free access, education, appropriate government. A employment, equality of opportunities special care drive is to be and non-discrimination are the major promoted for research in this rights of differently abled persons. Thus area to diagnose and take the programmes related to an awareness- preventive steps towards children raising, social support are necessary to at risk and mothers at pre-natal change the way society operates and to and post natal stage. dismantle the barriers that prevent Right to Access: The differently persons with disabilities from abled persons have barrier free participating fully in society are needed. access to buildings, public spaces There are social aspects such as non- and any other place a person discrimination in employment and might need to go for work, play, service delivery and equal treatment in education, business, services etc. all situations of people with and without It includes things like accessible disabilities. Finally the political routes, curb ramps, parking and considerations can play a significant role passenger loading zones, to strengthen and enforce the laws that elevators, signage, entrances, and do exist and working for laws to protect restroom accommodations. people with disabilities in countries. Every society must attempt to Various Acts: address the disabilities of its members in The Mental Health Act a way that respects the autonomy and human rights of a person with disability The Rehabilitation Council of and allows him/her to pursue a satisfying India Act, 1992 quality of life. The Persons with Disabilities
(Equal Opportunities, protection
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References: 1. Viji Athreye, The Differently Abled People: They Too Have Equal Rights of Space. 2. Amit Singh & Kapil Kumar, ICT for the differently abled, Kurukshetra, May 2016. 3. Indumathi Rao, Differently – abled – scaling up educational rights and opportunities, Kurukshetra, May 2016. 4. V. Deepa Nair, Protection of rights for the differently abled. 5. The Human Rights of Differently – Abled Persons, The People’s Movement for Human Rights Education. 6. Shivani Gupta, Differently abled, Accessibility beyond disability and welfare, Yojana, May 2016. 7. Amritpal Kaur, Differently abled Persons and Human Rights: Issues and Responses , International Journal of Law and Legal Jurisprudence Studies: ISSN :348-8212 Volume 2 issue 1. 8. Archana. G. Gulati, AAccess to ICTs and ICT enabled services for persons with disabilities in rural India, Kurukshetra, October 2011.
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Human Rights and Differently Able People B.P. Naidu Head of the Department-Social Work D.N.R. College Bhimavaram Abstract : Disability is a class initself that any one may fall victim at any time. Itcan come about as a result of a sudden accident, a fall down a flight of stairs or disease. Disability maintains no socio-economic boundaries. Since disability catches up with most people in its fold and any of us may fall in it someday. Women, men and children with disabilities are too often amongst the most marginalized in all societies and face unique challenges in the enjoyment of their human rights. Nevertheless, this is far from being a reality for around 500 million differently abled persons around the globe. This paper will focus on definition, India’s disability Act of 1995 provides various facilities for both children and adults with disabilities in the country and by recognizing the differently abled people as valuable human resource, and the Ministry has been taking various initiatives to mainstream them in the society. Key words: poverty-stricken, Human Rights, civil, political, economic, social and cultural rights Introduction the disabled to one based on rights. In essence, the human rights perspective on Human Rights are universal, and civil, disability means viewing people with political, economic, social and cultural disabilities as subjects and not as objects. rights belong to all human beings, It entails moving away from viewing including differently-abled persons. people with disabilities as problems Differently-abled persons are entitled to towards viewing them as holders of the realization of all human rights and rights. Importantly, it means locating fundamental freedoms on equal terms problems outside the disabled person and with others in society, without addressing the manner in which various discrimination of any kind. They also economic and social processes enjoy certain human rights specifically accommodate the difference of disability - linked to their status. Over 600 million or not, as the case may be. The debate people, or approximately 10 per cent of about the rights of the disabled is the world’s population, have a disability therefore connected to a larger debate of one form or another. Over two thirds about the place of difference in society. of them live in developing countries. Only 2 per cent of disabled children in the The disability rights debate is not so developing world receive any education or much about the enjoyment of specific rehabilitation. The link between rights as it is about ensuring the equal disability and poverty and social effective enjoyment of all human rights, exclusion is direct and strong throughout without discrimination, by people with the world. disabilities. The non-discrimination principle helps make human rights in A dramatic shift in perspective has taken general relevant in the specific context of place over the past two decades from an disability, just as it does in the contexts of approach motivated by charity towards www.ijar.org.in 31 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] age, sex and children. Non- Jet Airways failures to provide for discrimination, and the equal effective passengers with reduced mobility. Unlike enjoyment of all human rights by people in foreign countries, buildings in India do with disabilities, are therefore the not cater for the requirements of the dominant theme of the long-overdue disabled, with no provisions for ramps for reform in the way disability and the the wheelchairs. It is as though the disabled are viewed throughout the society has become visually impaired, world. turning a blind eye towards them. The process of ensuring that people with Facilities for disabled disabilities enjoy their human rights is India’s disability Act of 1995 provides slow and uneven. But it is taking place, in various facilities for both children and all economic and social systems. It is adults with disabilities in the country. inspired by the values that underpin They are: human rights: the inestimable dignity of each and every human being, the concept 1. Children with disabilities have of autonomy or self-determination that the right to free education until demands that the person be placed at the they reach the age of eighteen in centre of all decisions affecting him/her, schools that are integrated or in the inherent equality of all regardless of special schools. difference, and the ethic of solidarity that 2. Children with disabilities have requires society to sustain the freedom of the right to appropriate the person with appropriate social transportation, removal of supports. architectural barriers, as well as Differently abled in Rural Areas the restructuring of curriculum and modifications in the As per the census, a significant examination system. population with disabilities in India lives in the rural areas. In rural areas, people 3. Scholarships, uniforms, books with disabilities are ostracized and not and teaching materials are all included in the society. They are denied provided to children with basic education or vocational training and disabilities for free. thus do not have any scope of 4. Children with disabilities have employment. Lack of rehabilitation turns access to special schools that are them poverty-stricken and the disabled equipped with vocational training people in the rural areas are therefore facilities, and non-formal caught up in a vicious cycle of disability education. India provides training and poverty. The exclusion of disabled institutions for teachers in order people also has a negative impact on the to establish manpower. community as a whole. It is time to make inclusive policies with action on the 5. Parents of children with ground to stop further discrimination. disabilities in the nation can move to an appropriate court for Things may not be as bad in the urban the redress of grievances in area, but there are cases where the regards to their children with disabled are harassed and discriminated, disabilities. like the disability discrimination row over www.ijar.org.in 32 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
6. Parents of children with special category of vulnerable persons for disabilities are required to obtain the purposes of MGNREGA. The disabled a ‘disability certificate’ persons as defined in the National Trust from ‘Office of the Commissioner for Welfare of Persons with Autism for Disabilities,’ in order to access Cerebral Palsy, Mental Retardation and the facilities. Multiple Disabilities Act, 1999 (44 of 1999) are also to be considered as 7. Every ‘panchayat’ is provided disabled for the purpose of inclusion in funding by the Government in MGNREGA. order to build roads, schools and public ramps for people with According to the operational guidelines of disabilities. the Act, State Governments have to identify specific works, which can be done 8. Three-percent of all Government by the disabled and vulnerable persons. jobs in the country are reserved In a village, different categories of for people with disabilities, and persons with disabilities are to be the disability Act includes organized to come together as a fixed affirmative action for people with group to accomplish the works proposed disabilities. for them under the Scheme, in a way that Recognizing the differently abled people makes it possible for them to exercise as valuable human resource, the Ministry their choice. The efforts are made to has been taking various initiatives to ensure that the special category persons mainstream them in the society. Specific are given work close to their place of provisions have been made in various residence so that they need not travel rural development programmes aiming at long distances for MGNREGA works. The their upliftment. differently abled persons are to be given preference for appointment as mates for Schemes of differently abled persons MGNREGA works and as workers for The brief details of the Schemes in providing drinking water, to manage respect of differently abled persons are crèches etc. at the work sites. They are given below: paid wages equal to other persons employed in MGNREGA works. (a) Mahatma Gandhi National Rural Employment Guarantee Act The Guidelines of the Act stipulates that (MGNREGA): As mentioned earlier the persons with disabilities, at work- MGNREGA is a demand driven scheme, sites, shall be called by their own names therefore, separate earmarking of alone and their name as well as their employment/ resources have not been surnames shall be properly registered in provided for differently abled persons. the job cards. It seeks to ensure a stigma free environment at the work place so The disabled or differently-abled persons that the workers with disabilities are not defined under the Persons with ill-treated/looked down upon or face any Disabilities (Equal Opportunities, form of discrimination (using abusive Protection of Rights and Full language, calling them with their Participation) Act, 1995 (1 of 1996) as disability name, use of denigrating persons with disabilities, the severity of language, insulting them or hurting their which is 40% and above are considered as feelings in any form). www.ijar.org.in 33 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
(b) National Rural Livelihood Mission the objective of providing dwelling units (NRLM) ensures adequate coverage of to the people below poverty line. As per persons with disability under NRLM IAY guidelines, 3% of the funds allocated atleast 3% of the total households covered are to be utilized for the construction of would be persons with disability. NRLM houses for physically and mentally recognizes that poverty and disability are challenged persons. In order to achieve closely linked to each other and therefore the desired goals, State governments are takes efforts to address specific needs of requested time to time to instruct the individuals as well as families of Persons implementing agencies to make special with Disabilities (PWDs). NRLM has efforts to identify persons with advised States to undertake participatory disabilities and to ensure that the targets vulnerability assessment process while of earmarking for the differently abled undertaking social mobilization at the persons are achieved. community level. This entry point Conclusion activity at the village level with a specific focus on identification of households with It is important for every citizen to realize PWDs shall ensure greater inclusion of the need for including the disabled people these individuals and families into the into the society. One never knows in NRLM network. SRLMs such as SERP - whom a Stephen Hawking or an Albert Andhra Pradesh, Kudumbashree - Kerala Einstein is hidden. As we forge ahead and Pudhu Vazhavu - Tamil Nadu have into a brighter and a better world, we demonstrated best practice models on need to hold the hands of the disabled empowering and mainstreaming persons people and take them along with us. It is with disability by proactively including time to make India a discrimination-free them during social mobilisation and and inclusive society where the disabled institution building processes, thereby have the right of space like all others. providing livelihood opportunities, References: quality of life and securing their dignity. Some of the best practices these States 1. have initiated include: http://rural.nic.in/sites/downloads /programmes- ● Access to requisite national ID cards. schemes/Caring%20for%20the%2 ● Aids and appliances. 0Differently%20Abled.pdf ● Medical care. ● Vocational Skill Training. 2. http://www.mcrhrdi.gov.in/DR%2 ● Individual assistance for livelihoods. 0Assistants%20final- ● Economic activity groups. %20Batch%20II/material/new2/P ● Old age Pension. rotection%20of%20%20Rights%2 ● Insurance Scheme 0for%20the%20Differently%20Ab In addition to the above, SRLMs such as led.pdf Bihar, Rajasthan and Maharashtra have 3. http://papers.ssrn.com/sol3/paper initiated field trial pilots on working with s.cfm?abstract_id=2763440 PWDs with technical assistance from senior disability rights consultants. (c) Indira Awaas Yojana (IAY) is being implemented at the national level with www.ijar.org.in 34 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Human rights education in India
Dr.G.Mallikarjun, Lecturer in Economics Sri ABR Government Degree College, Repalle, Guntur District- A.P
K.Lakshmi Prameela, Lecturer in Chemistry SGK Government Degree College, Vinukonda, Guntur District-A.P Abstract : The educational organizations like UGC, NCERT and NCTE taking initiatives for promoting human rights education in India. But these initiatives are directed towards formal education on human rights. HRE must not be linked to formal schooling only. Such people have every right to know their rights. Therefore such programmes should be developed that accommodate their Needs and situations. In formal schooling teaching students about human rights in their own mother language will make them more prompt about their values and ways to use them in their day to day life. A human rights cell or centre should be set up in the UGC to create a reference database on human rights education, disseminate information, oversee execution of programs and projects, and organize workshops and other meetings. More funds should be made available to universities and colleges for the development of specific courses in human rights. HRE should find its rightful place in the school curriculum, teacher training course−pre- and in-service, textbooks, supplementary reading materials, educational policies, and school curriculum. Key words: Fundamental Freedoms, Human Rights, Peace, Education Introduction: the education in formal curricula. The aims at which the Congress agreed upon The emphasis on Human Rights including the encouragement of tolerant Education began in 1995 with the attitudes with focus on respect, providing beginning of the UN Decade for Human knowledge of human rights in the context Rights Education, though previously of national and international dimensions addressed in 1953 with the UNESCO as well as their implementations, and Associated Schools Program, which finally developing awareness of human served as an “initial attempt to teach rights translating into reality whether human rights in formal school settings”. social or political on national and The first formal request for the need to international levels. educate students about human rights came about in UNESCO’s 1974 article Human Rights Education became Recommendation concerning Education an official central concern internationally for International Understanding, after the World Conference on Human Cooperation and Peace, and Education Rights in 1993. This conference brought Relating to Human Rights and the issue of educating formally to the top Fundamental Freedoms. The participants of many countries’ priority lists and was of the International Congress on the brought to the attention of the United Teaching of Humans Rights eventually Nations. It was two years later that the met in 1978 to form a specific definition United Nations approved the Decade for of what would be required application of Human Rights Education, which
www.ijar.org.in 35 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] reformed the aims of application once The strengthening of the role and again. Since the development of the UN capacity of the mass media in the Decade, the incorporation of human furtherance of HRE. rights education into formal school The UN human rights initiatives curricula has been developed and have led to the worldwide human rights diversified with the assistance of movement. The high level bodies of UN nongovernmental organizations, namely the International Human Rights intergovernmental organizations, and Commission and the office of High individuals dedicated to spreading the Commissioner for Human Rights are topic through formal education. working in coordination with UN Article 1 of the Universal Declaration specialized agencies like UNESCO, of Human Rights states, “All human UNICEF,WHO and International Non- beings are born free and equal in dignity Government Organisations. Almost all and rights”. Human rights are basic the national constitutions recognise and fundamental rights that a person cannot protect these universal human rights. be denied by any individual or any National level and local non-government government simply because he or she is a organisations have also emerged in the human being. They are universal and battle towards achieving a future where same for everyone. After the second people live together in harmony, world war, United Nations founded two tolerance and mutual respect. main objectives; (i) To prevent war in Indian constitution 1950 embodies future & (ii) To protect and promote the human rights values. For the human rights. In order to educate and dissemination of HRE, the government of make people aware of those rights India constituted a committee under the (human rights), United Nations declared chairmanship of home secretary a decade from 1995 to 2004 “decade for comprising the secretaries of other human rights education”. The objectives ministers and department. When the of the decade for human rights education National Human Rights Commission include: (NHRC) was setup in sep/oct 1993, the The building and strengthening coordination committee requested it to of programmes and capacities for draft a national plan of action for human HRE at the international, rights education. The task was over in regional, national and local levels, 2001, when the national plan of action for HRE was finalized. The plan focussed on The assessment of needs and the strategies for human rights awareness- formulation of effective strategies raising and sensitizing specific target for the furtherance of HRE at groups such as students, officers in the school levels, in vocational administration of justice etc. Civil society training and formal as well as as well as the NHRC is involved in the non-formal learning, implementation of human rights The coordinated development of education programmes. It is also reported HRE materials, that the secondary as well as higher education sector have undertaken certain activities relates to HRE which includes the preparation of curriculum, revision of www.ijar.org.in 36 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] text books and development of a number mechanisms that exist to protect those of training modules for teachers in rights; English, Hindi and local languages by the Values, beliefs and attitudes---- National Council of Teacher Education promoting a human rights culture (NCTE). through the development of these What is Human Rights Education? processes; and “Human rights education is all Action---encouraging people to learning that develops the knowledge, defend human rights and prevent human skills, and values of human rights.” As rights abuses. per provisions with in universal The Need for Human Rights Education : declaration of human rights and other international documents and treaties, The importance of human rights human rights education can be defined as education hardly requires any over education, training and information emphasis. It has a crucial role in aiming at building a universal culture of preventing human rights violations from human rights through the sharing of occurring. The United Nations knowledge, imparting of skills and proclaimed that human rights education moulding of attitudes directed to: is “training, dissemination and information efforts aimed at the building (a) The strengthening of respect for of a universal culture of human rights human rights and fundamental freedoms; through imparting knowledge and skills (b) The full development of the human and the moulding of attitudes”. These personality and the sense of its dignity; efforts are designed to strengthen respect for human rights and fundamental (c)The promotion of understanding, freedoms, facilitate the full development tolerance, gender equality and friendship of human personality, sense of dignity, among all nations, indigenous peoples promote understanding, respect, gender and racial, national, ethnic, religious and equality and friendship to enable all linguistic groups; persons to participate effectively in a free (d)The enabling of all persons to society, and further activities for participate effectively in a free and maintenance of peace. democratic Society governed by the rule Human rights education, training of law; and public information are, therefore, (e) The building and maintenance of necessary and essential for the promotion peace; and achievement of stable and harmonious relations among the (f) The promotion of people-centred communities and for fostering mutual sustainable development and social understanding, tolerance and peace. justice. Through the learning of human rights as There are three dimensions to the a way of life, fundamental change could promotion of human rights education: be brought about to eradicate poverty, ignorance, prejudices, and discrimination Knowledge--- providing based on sex, caste, religion, and information about human rights and the
www.ijar.org.in 37 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] disability and other status amongst the life .An educated civilization can only people. know its rights and hence the knowledge to protect it. According to Kofi Annan, Human rights education in India: the former secretary General of United Human rights are a prerequisite Nations “Without education, we cannot for peace, development and democracy. see beyond ourselves and our narrow India is the largest democracy in the surroundings to the reality of global - world. It is also a big country with lot of interdependence. Without education, we human rights challenges. The major cannot realize how peoples of other races population of India resides in villages and religions share the same dreams, the which do not get sufficient education same hopes. Without education, we support. About 35% of the population is cannot recognize the universality of illiterate. Problems like trafficking, human aims and aspirations”. exploitation of women commercially and It may be said that in India that sexually, religious violations, caste the content of human rights education is related issues are some examples leading not different to what was taught by way to human rights violations. Moreover, of religion, be it Hinduism, Buddhism, many prisoners in India are also denied Christianity or Islam. There is lot of their human rights. If human rights are truth in that statement. The violated in India the biggest democracy in quintessence of human rights is also the the world will be in danger. For the sake basic essence of all religions, Love, of democracy and sustainable compassion, loving kindness are the development in India, HRE is essential. same. However, while teaching religions Knowledge of human rights is the best we confined the obligations arising from defence against their violation. Learning these doctrines only to their followers. about one‟s rights builds respect for the Human rights could bring in a universal rights of other and points the way to be aspect to moral and ethical education. more tolerant and peaceful societies. The And we in our divided societies are in need of promoting & protecting all great need of this. On the other hand in human rights is important in order to the context of rapid secularization we secure full & universal enjoyment of could still retain a basic common ground these rights cannot be fulfilled without for respect for each other. We could still mass awareness and sensitivity to human be our brothers’ keepers and withstand rights issues. The grand agenda of global value systems which only promote selfish peace & prosperity is possible only with ways of life. people understanding & imbibing the human rights values. Awareness is Indian textbooks barely mention important in order to resolve the human human rights. Indirect references to right conflicts. This matured human rights are included in the participation can be achieved only with Directive Principles of the Constitution of human rights education. Education India and in civics and history textbooks. imparts the skills needed to promote, Most universities in India do not offer defend and apply human rights in daily human rights education, although some life. Education is a tool for creating the have three-month to one-year real idea of human rights and making postgraduate courses on human rights. people know its importance in their daily Section 12(h) of the Protection of Human www.ijar.org.in 38 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Rights Act, 1993, requires the should be taught in such a manner as to Commission ”to spread human rights faster the spirit of scientific humanism. literacy among various sections of society In presence of the guidelines the and promote awareness .The National NCERT textbooks have been written to Human Rights Commission of India and provide “a critical understanding of many NGOs have launched a Indian society through the ages, with countrywide public information campaign some focus on the position of women, the for human rights. It aims to make inequalities created by the caste system everyone more conscious of human rights and various barbarous practices which and fundamental freedoms, and better arose during various periods and of equipped to stand up for them. At the attempts by reformers to bring about a same time, the campaign spreads more human social order.” For example, knowledge of the means which exist at a major objective of the civics syllabus is the international and national levels to to promote a well-informed and promote and protect human rights and intelligent citizenship, governed by fundamental freedoms. values of democracy, secularism, There have been many socialism and national integration. To intellectual activities like seminars, meet the need and requirement of the workshops, studies etc. on human rights society and in order to enhance the education. There is wide awareness of the quality and standards of education, need of this education. The National updating and restructuring of the Human Rights Commission has taken the curriculum must continue as a perpetual initiative to promote teaching of human process. The Commission has been of rights in various levels of education and the view that the development of a national institutions, such as University national plan for human rights can Grant Commission has become quite crystallize programmes and policies that generous in making funds available for are human right-friendly across the the purpose. The UGC has made entire range of government activity attempts to enrich education curriculum issues having a bearing on human rights of human rights education in Colleges in the work of a variety of ministries and and Universities on the basis of departments, and it can re-orient contemporary societal and economic attitudes and priorities across the situations. Its IXth plan Approach to spectrum of government endeavor. It can promotion of human rights education in further add legitimacy and strength to Universities and Colleges identifies the voice of those who advocate good and present development model as one of the humane governance as essential to the major violators of human rights in India. well being of a country. The Commission The National Council of Educational has therefore been urging that such a Research and Training (NCERT) claims National plan be formulated. that the textbooks prepared by it on The whole issue of human rights different subjects have touched human education was being debated and was rights. The NCERT guidelines have proposed by the National Human Rights enlarged the scope of human rights Commission (NHRC) that it is to be education. It states that all subjects incorporated in the syllabus as a separate subject in schools and Universities. www.ijar.org.in 39 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Education of child labour is one of the courses in human rights. HRE should most important priorities of the find its rightful place in the school government of India, which has curriculum, teacher training course−pre- announced that the right to free and and in-service, textbooks, supplementary compulsory primary education shall be reading materials, educational policies, made a fundamental right and has and school curriculum. pledged to eradicate child labour in all References: occupation and industries. The National Human Rights Commission and many Dr.T. Thilagavathy Mr. Sheeraz Ayoub non-governmental organizations have Kuchy, 2016. Human Rights Education in stated to play an increasing role for the India: Importance, Present status and eradication of child-labour. Future Actions, Asia Pacific Journal of Research, Vol: I. Issue XXXVI, February Conclusion: 2016. Any education to be effective Murphy, F.; Ruane, B. (2003). "Amnesty needs to be contextualized too. Thus it is International and human rights not enough to teach abstract principles of education". human rights taken from United Nations’ documents or our Constitutions. R.M. Pal & S. Chakraborty, 20000. Our historical context as nation as well as Human Rights Education in India, Indian local contexts need to be reflected in Statistical Institute, New Delhi. human rights education. The B.P.Singh Seghal. 2001. Human Rights in contextualizing of human rights is India Problems and Perspectives, Edited essential for nurturing of peace. Creative by Deep & Deep Publications Pvt. Ltd., reflections on local situations from a New Delhi. human rights perspective would help the schools greatly, to become the societies’ Bajaj,M. 2011. Human Rights Education most important peace makers. HRE must :Ideology and Approaches, Human Rights not be linked to formal schooling only. Quarterly, 33. Such people have every right to know Sharma, M.C. 2002. Human Rights their rights. Therefore such programmes Educaation in Indian Universities and should be developed that accommodate Colleges. their Needs and situations. In formal schooling teaching students about human Kurvey, B. 1999. Human Rights rights in their own mother language will Education in India : Needs and Future make them more prompt about their Actions. values and ways to use them in their day to day life. A human rights cell or centre should be set up in the UGC to create a reference database on human rights education, disseminate information, oversee execution of programs and projects, and organize workshops and other meetings. More funds should be made available to universities and colleges for the development of specific www.ijar.org.in 40 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Human Rights and Violence against Women
Swarna kumari. Vemuri Lecturer in English, Sir C.R.R. College for women, Eluru
Abstract: Right to dignity is one of the most recognized human rights. The significance of human dignity as the foundation of human rights assumes importance because the other right, without a right to live with dignity can’t made enforceable. Recognizing this fact the Indian Constitution while providing equal rights for both men and women, emphasizes on maintaining the dignity and worth of human being as well as social progress and higher standard of living with greater freedom. In simpler terms, it can be said that dignity can be ensured when every member of the society has a feeling that he or she is a respectable member and no one can humiliate, harass, exploit and insult him or her on the basis of caste, creed, sex and status etc. In relation to women, the right to life of dignity in itself is a very complicated term. Women are governed by the constitution and are therefore also aims as providing basic minimum to women to live a life of dignity. Some progresses have to some extent done away with those social practices which directly challenge the dignity of women. Key words: humiliate, harass, constitution, woman
Introduction comings lack of encouragement and Human beings are more inspiration, their predominant feeling respected then in any other country. In was that a woman is a sex subject stands England women were treated as cattle, at the mercy and capricious men who act they were not allowed to enter the within the idiom of an accepted society. library. The female inferiority was deep- Therefore, a sense of being helplessly rooted for centuries in the world and has carried away by the forces of time, nature been perpetuated by major thinkers. and time, nature and circumstances Saint Thomas called women “An expresses itself. The most common factor Imperfect man and an incidental being”. which characterizes the woman is Aristotle is of the view that the female by deprivation – they are deprived not only nature of certain lack of qualities. The of material things but also of security, Holy Bible also says, “she is made for support, care, even ‘sunlight and air’. man, but man is not meant for women”. The plight of the working woman (II Corinthians 11th Chapter 9th Verse). was stills worse, aggravated by her Many women fail to understand problems of marital adjustments and the real spirit of human rights. It doesn’t quest for the assertion of her identity. mean getting of women equal rights with The society influences woman and men or a movement for the recognisation imposes the burden of marriage and of their creative talents. It is more than leaves her with no choice. that. No doubt, women raising their voice against the injustice after having gone Nature of Human Relations through the agony for centuries. Indeed, Human relations are very complex. the factor for their agony varies from one People live together for a number of nation to the other. Despite their short years, yet they fail to understand one
www.ijar.org.in 41 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] another. The true position of woman in feeling of being a victim and finally society would emerge if we critically woman realizes that she should definitely examine her relationship with her have her own identity. husband. Female sexuality is a profound Before marriage, women are emotion. One cannot hope to express the brought up strictly according to the whole truth. The more one discovers, the traditional codes. The moment a girl more remains unsaid. The study of reaches adolescence, she is reminded by human rights records the suffocation of society that she need not assert her women who are the victims of tradition, individuality as she is destined for man society and male ego and their ultimate which is the ultimate goal of her life. compromise. Lack of understanding between The problem in case of Indian the wife and husband is especially women is that they lack a basic essence of predominant in Indian society because Identity and are supposed to survive as the marriages are mostly arranged dependents of husbands, fathers, and marriages. Complete strangers are sons. The areas where women’s dignity is brought together. The middle class attacked are numerous and some of them women in India who are unable to defy are well known. For example, crimes social conventions and seek a compromise against women, a data sheet released by as a way out of their dilemma. the Department of WOMEN AND CHILD These women do not revolt, for DEVELOPMENT OF THE MINISTRY the sake of domestic harmony. They OF HUMAN RESOURCE prefer to suffer the pain and humiliation. DEVELOPMENT, in 1992-93 on The fact is that woman is ‘violence against women’ reveals that basically a woman as well as a person. As some where in India every 54 minutes, a a woman she definitely needs man and woman is raped, every 26 minutes a vice versa. But as a person she can woman is molested, every 51 minutes legitimately claim to be free and woman is teased, every 10 minutes there independent. However, in our social set is dowry death. In the Indian culture up, her two identities, that of a woman milieu, the rape is not a simple crime and a person have been rolled into one against woman. It attacks the very only a woman. And this has led to the dignity of women. Nothing is more confusion. Due to this she interprets her outrageous to the dignity of woman than womanly instinct as dependence. the Invasion of her physical or bodily In order to establish one’s privacy. Moreover, the stigma attached to identity, a woman has to break the a Rape Victim is commonly known. fetters of conventions and traditions Further, there is a problem of domestic which are applicable to her in a male violence where woman day after day is dominated society. Survival in a male- beaten, harassed and attacked by her dominated world is difficulty and a own men. The problem of battered woman has to struggle against heavy women remains a hidden crime because odds, and only then she can have a room most of cases go unreported as the crime of her own. is done within the four walls of home. In a male-dominated society, a The victims often fear social stigma and woman can only pretend to be happy. in many cases they don’t have any option. This pretension of happiness comes the Fear of living, so-called family prestige,
www.ijar.org.in 42 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] apprehension about the future of easily taken for granted, accepted and children, financial problems and fear of popularized. Women remains to be a divorce also contribute. Domestic violence ‘cheeze’ in other words, an object to be does not limit of wife battering, it possessed and to be enjoyed. includes torture for dowry, sexual The woman’s dignity is most perversion and the forms which may vulnerable in caste and communal wars. range from minor burning to fractures, Women became the soft targets and are throwing acid and sometimes lead to made to face physical and psychological murder also. The female foeticide is violence. There are numerous examples another crime, it not only involves the when the caste enimities are avenged at crime of killing a girl child before she is the cost of women. They are raped, born but also attacking the very dignity humiliated, harassed and tortured. Here of womanhood, i.e., women as a gender is women suffers doubly. Firstly because unwelcome on this earth. In fact, the very she belongs to a weaker sex and secondly concept that girl is a liability and boy is because she belongs to a particular social an asset is deep-rooted in Indian psyche. group. It is this concept which in earlier periods The evil of dowry is a reflection of led to female Infanticide and now to growing social violence and injustice. female foeticide. There are a number of Rape of women not only by Landlords but subtle ways which attack the very root of also by police is common in rural areas of women’s dignity. Andhra Pradesh. Eve teasing is a very common Sexual offences against women by crime and is not taken very seriously. But Landlords and men in uniform continued how disgusting and insulting for a unabated. woman is to listen comment on her Moreover, reporting on sexual offences physical attributes, it is not flattering to against women is extremely difficult due be commented upon. The tendency to to the unwillingness of the victims to comment on physical attributes of woman report. reduces her to an object only-an object Violence is an action or policy or an which is to be possessed. This attitude is attitude that causes bodily or mental an old one and still persists. In spite of injury and debars or dehumanizes a the progress which the modern world has person. made. Reducing women to a sex – object Violence against women, regardless of the to a large part rooted deeply in psyche of nature of the perpetrator – an Individual, males – whether it is eve-teasing or group, Institution, the state or society, is pornographic magazines, the world of a human rights violation and is treated as advertisement where a product is being such whether it happens in the home, sold through the image of an ‘enchanting with in the family or outside of it. The woman’. Woman remains a symbol of sex- violation of women’s rights takes many object. This concept is very common now forms such as. a days in film music. The two Hindi-film 1. Sexual or physical assault and songs, “To cheese badi hai mast mast’ harassment. and “kya cheese ho tum tumko bhi 2. Female foeticide and infanticide maloom nai hai’ are especially mentioned 3. Female circumcision, and here to explain how the very concept of women as a “cheese’ (object) is very
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4. Dowry death, sati and denial of her of the right. If a right does not help a autonomy and authority over her human being to remain human or it does body. not give her/him the right to live a life of 5. In the family planning system and dignity. It is not worthwhile. The population control methods that question of women’s dignity as a human impose the responsibility for human right becomes important because in many reproduction and nurturing solely or cases women are forced to live in an women without granting them the environment not conducive to their corresponding autonomy and dignity. The domestic, the community, authority over their bodies amounts the civic and political life are still to to a violation of basic rights. recognize women as an equal Moreover, the increasing independent human right militarization and the assertion of Work cited power by men over women which is symbolic of military culture has1. Emerging issues on Gender and Women made lives of women insecure and development. totally open to sexual molestation- Prof. K. Elanco, Dr. A. Ayyam Perumal and rape. Prof. J.Mohan Raj, Abhijeet Publications- The gender violence is a universal Delhi -110094 phenomenon which takes many forms2. Gender discrimination and human across culture, race and class. We view Rights - Vijay Kumar Gupta violence against women as any action, MD .Publication Pvt. Ltd. Delhi policy or attitude which in anyway is a www.mdppl.com violation of our personhood as we3. Human Rights in the modern World, perceive it, or which dehumanize us. On Edited by – Rameshwari Devi that basis, we view violence against Mahamaya Publishing House, New women carried out by any individual Delhi . group, institution or society as a human4. Women, culture and Society Social rights violations. It has been observed Status, Rights & Role that the human right of the woman is5. Dr. Sharda R. JaviaVital Publications- being violated in many fields of life. Jaipur, India
Conclusion 6. Human Rights in India Problems and Human rights are not merely ideals perspectives Edited by B .P. Singh or aspirations, nor are they some rights Sehgal granted to us by the existence of7. Human Rights of Women in India Gur particular set of laws. They are claims Charan Singh made by virtue of the fact that we are8. Human Rights of Women : International human beings with an inalienable right Standards and the Indian Law – of human dignity. Therefore we cannot S.K.Verma delegate the authority to a group of persons to define these rights. All individuals and all peoples have the right to self-directed development. Thus, while talking about the human rights, it is essential to emphasize the human aspect
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A Study on Human Rights in India
Dr. M. Hanumantha Raju Department of Zoology, Govt. College for Women, Guntur. Abstract: Human rights or fundamental rights are given by the constitution to the civil society groups. These rights are for the freedom of people and also promote understanding, tolerance and friendship among all nations, racial or religious groups and maintain peace. Human rights in India is a complicated issue as India is a large country and having a sovereign, secular & democratic republic status and with a tremendous diversity. Some important human rights are freedom of religion, freedom of speech, freedom of equality, advocacy of law, and freedom of movement within the country and abroad. For perfect implementation of these rights along with police, government and some human rights organizations are working their best for the wellbeing of the people. But human right violations based on sexual, religious, caste related issues are going on and harassment against civil people, dalitis, untouchables, Muslim & Christian minorities and women are repeating everywhere in the country & abroad. These organizations are promoting understanding, tolerance and friendship among all nations, racial or religious groups and trying to maintain peace. Human trafficking is also a violation of human rights and is estimated that 2,00,000 persons are trafficked in India every year, out of only 10% is international and 90% is interstate. Nearly 40,000 children’s are abducted every year and out of which so many are facing rape, child pornography, prostitution and child begging. So, government, police and non- government authorities are to concern on the violation of human rights and to work more for the uplifting of the human rights. The author is very much interested and a study is to be done and to publish the findings later on. Key words: pornography, Sovereign, Secular, Democratic
Introduction: In spite of all these rights and acts the people are not enjoying their Human rights or Fundamental freedom in speech, freedom in caste & Rights issue in India is a complicated one religion and even the freedom of food as the country is a large developing that they are eating. The 2016 years country with a Sovereign, Secular, report of “Human Rights Watch” says Democratic Republic status and having a that India has serious human rights tremendous diversity. The constitution of concerns. Civil Society groups such as India provides Fundamental Rights such women, backward classes, Muslim & as freedom of religion, freedom of speech, Christian minorities & Government Right to equality executive of law & critics are facing harassment, judiciary and freedom of movement unconditional lawsuits, life unsecurity within the country and abroad. It is to and at last death. Free speech has come known that a separate independent under attack both from the state and by judiciary body is also there in India to religious or other groups. The Govt. has protect human rights. (1-3)
www.ijar.org.in 45 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] to implement the laws strictly and give 2009 - The Act of unnatural sex or protection to the sufferers. (4-5) homosexual relationships in India. Important events in the history of Types of Human rights violence : Human Rights:- (i) Violence of Police: 1829 - A voice was raised by Brahma A human rights organization Samaj and by Ram Mohan Roy against estimated that from 2002 to 2008, over the practice of “sati”. four people per day died in police custody 1929 - Child marriage act was passed while hundreds of custody deaths are which prohibits marriage of minors under occurred due to police torture. It also 14 years. reveals that 50% of police officers in the country used physical or mental abuses 1950 - The constitution of India on prisoners. (6&7) established Reservation policy in Education, employment and (ii) Sexual violence: political representation for previously Sexual violence is an issue that disadvantaged sections. many people living are facing among in 1975-77 - State of Emergency in India developing countries. India is a home to against fundamental rights. the largest number of sexually abused children in the world. The children & 1978 - Jammu & Kashmir public youth are sexually abusing through the safety Act, 1978 exchange of sex or sexual acts for drugs, 1984 - Operation Blue Star and the food, shelter, protection of life or for subsequent Anti-Sikh riots. money. (8-9) 1985 - The Shah Bano Case of where Human trafficking or child Supreme Court recognized the Muslim trafficking is also a major issue in India woman’s rights to maintenance upon and is divorce. a violence of human (or) child rights. It is estimated that 200,000 persons are 1989 - Prevention of Atrocity against trafficked in India every year and out of S.C. & S.T. it 10% is international and the rest 90% 1992 - Reservations of one-third of the is interstate. Nearly 40,000 children are seats for women in Panchayati Raj. abducted every year out of which are facing forced labour, bounded labour, 1993 - National Human Rights street begging & child abuse. (10-11) Commission is established for protection of human rights. (iii) Religious violence: 2002 - Gujarat riots which claimed Communal conflicts between several served thousand lives of Indian religious groups have been prevalent in Muslim (Communal violence). India since the time of the independence. And communal riots also took place 2005 - National Rural Employee during the partition of India between Guarantee Act, which guarantees right to various groups where large number of employment to rural people. people were killed in large- scale violence. (12). In the year 2002 Gujarat riots it is www.ijar.org.in 46 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] estimated that more than 100 Muslims understanding, tolerance friendship and were killed 2500 people killed and so maintain peace among Nations and its many are missing. (13) people. (iv) Caste related violence: An Arab based Human Rights organization which in founded in 1989 in According to a report by “Human an independent one and works for the Rights Watch”, dalits and indigenous values of democracy and citizenship. This people continue to face discrimination, institute has also received an award from harassment and acts of communal UNESCO for its activities. violence. Laws and policies adopted by the Indian Government are not working Indian Institute of Human upto the mark and so the violences are Rights, Amnesty International, Human repeating everywhere. (14) Rights Education Associates (HERA) and “African Centre on Democracy” and Violence against women: Human Rights promotes awareness of Gender discrimination is one of human rights and educate the students at the evils continuing from the time of college & university levels by respecting, Independence. Women from all religions promoting and defending those were facing so much of harassment and fundamental rights. restricted her to the house and the “Amnesty International” is the kitchen. Women are facing lack of largest one of its type which includes facilities in basic life, Education, more than 2 million people and have a marriage and insecurity even in their net work in 150 countries and fights for house and outside. (14) the safe guard of the Human Rights. All Muslim woman in India are one these National & International of the major groups deprived of their organizations are focusing their strength equality within the Human rights for the upliftment of Human Rights. framework. Their hardship has derived References: from cultural and religious reasons. (15) 1. http://www.freepressjournal.in/h Other human rights violations: ands-off-supreme-court-tells- Some sentiments and beliefs govt-reaffirming-its-primacy-in- creates conflicts and violences between judicial-appointments/743321 communal groups such as Anti-Bihari 2. http://www.ndtv.com/india- sentiment, Anti-Sikh and Anti-Muslim news/no-worry-till-judiciarys- groups despite of government and police independence-is-maintained- efforts. (15) chief-justice-of-india-1251654 Conclusion: 3. http://www.dailypioneer.com/stat Protection and for enjoyment of e-editions/act-in-block-grant- human rights Government, Non- teachers-issue-nhrc-to-ohrc.html Government and other organizations has 4. "India". Retrieved 2016-08-02. to create awareness among the people. Education programmes promote Human 5. "India". 2016-01-08. Rights awareness and create Retrieved 2016-08-02.
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6. "Hundreds die of torture in 16. Child trafficking in India – India every year - https://en.wikipediaorg/humanrig report". Reuters. 25 June 2008. htsinindia 7. Malik, Saurabh. "Torture main 17. Trafficking of children – reason of death in police custody". https/en.wikipediaorg/trafficking The Tribune. Archived from the of children original on 31 March 2009. 18. Human rights in India – Retrieved 15 May 2011. https:/en.wikipediaorg/humanrig 8. "Why an MP wants India to talk htsinidna. about child sex abuse". 19. Human rights organizations bbcnews.com. 5 December 2015. based in India- Retrieved 22 December 2015. https/en.wikipediaorg/wiki/catego 9. "Abuse of Indian children ry humanrights 'common'". bbcnews.com. 9 April organizations in india 2007. Retrieved 1 20. Human rights education based in August 2018. Check date values India- in: |access-date= (help) https/en.wikipediaorg/wiki/catego 10. "Modern slavery estimated to ry humanrights education in trap 45 million people india worldwide". nytimes.com. 31 May
2016. Retrieved 1 June 2016. 11. "India- The big picture". UNICEF. 26 February 2003. 12. Jaffrelot, Christophe (July 2003). "Communal Riots in Gujarat: The State at Risk?" (PDF). Heidelberg Papers in South Asian and Comparative Politics: 16. Retrieved 5 November 2013. 13. Human Rights Watch 2006, p. 265. 14. Nelson, Dean (29 September 2009). "UN says caste system is a human rights abuse". The Daily Telegraph. London. 15. "Press Freedom Index 2010", Reporters Without Borders.
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Violation of human rights- a bane S. Srinivasa Rao Lecturer in Physics S.V.K.P & Dr. K. S Raju Arts& Science College, Penugonda Abstract : Violations of human rights are both a cause and a consequence of trafficking in persons. Accordingly, it is essential to place the protection of all human rights at the centre of any measures taken to prevent and end trafficking. Human trafficking in India is a complex process, and often starts with family members handing over responsibility for the safety and well-being of the trafficked person to others known to them, but then ending up trafficked by a third set of persons and into the profession as a Commercial Sex Worker (CSW), commonly known as a prostitute. However till date no society has been able to eradicate or abolish it. Anti-trafficking measures should not adversely affect the human rights and dignity of persons and, in particular, the rights of those who have been trafficked, migrants, internally displaced persons, refugees and asylum seekers. Keywords: Human Rights, Trafficking, India, Family.
Introduction centre. A focus that is primarily directed to the prosecution of traffickers has the Human trafficking is generally potential to ignore or minimise the understood to refer to the process human rights of those who have been through which individuals are placed or trafficked by failing to adequately maintained in an exploitative situation protect the trafficked women. for economic gain. Trafficking can occur within a country or may involve As there are relatively few cases of movement across borders. Women, men kidnapping, it is important to and children are trafficked for a range of understand the motivation or need purposes, including forced and behind why a trafficked person (woman) exploitative labour in factories, farms was convinced or voluntarily moved in and private households, sexual the first place and who or what exploitation, and forced marriage. influenced that decision. Poverty or the Trafficking affects all regions and most failure to meet basic needs, social countries of the world. exclusion, insecurity, or stigmatization are often identified as the initial Trafficking is a complex and motivating factor. It has also been seen multidimensional phenomenon and that trafficking is part of the requires multidisciplinary approach. Any modernization process where individuals analysis of the root causes of human migrate to seek new horizons as cities trafficking must take into account offer better economic opportunities. factors that are specific to India, its socio-economic conditions and its Extreme poverty combined with the low poverty levels. Human trafficking is a social status of women often results in violation of human rights and any the handing over by parents of their strategy to eliminate trafficking should children to strangers for what they be framed within a human-rights believed was employment or marriage. perspective by placing the victim at the In many cases families and other
www.ijar.org.in 49 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] community members close to the and women; and it has championed trafficked person also benefit financially freedom of movement and the right to from the process, further limiting the leave and return to one’s own country. probability of the trafficked person Different human rights will be relevant taking action to escape or bring about at different points in the trafficking the severe consequences of prosecution. cycle. Some will be especially relevant to All those involved in trafficking gain the causes of trafficking (for example, pecuniary benefits; beginning from the the right to an adequate standard of family, who sells the trafficked girl, from living); others to the actual process of the point of recruitment/deception to the trafficking (for example, the right to be point of use of her labour as a CSW. All free from slavery); and still others to the are direct perpetrators of the crime of response to trafficking (for example, the human trafficking However, very little right of suspects to a fair trial). Some attention is paid to prosecuting rights are broadly applicable to each of recruiters, those involved in supporting these aspects. A. Trafficking as a this process along the way such as violation of human rights As noted transporters (rickshaw, bus and truck above, many of the practices associated drivers), vendors (dhobis, pheriwalas with modern-day trafficking are clearly etc.) and hotel and restaurant workers, prohibited under international human who knowingly provide services to rights law. For instance, human rights traffickers and their victims. The victim law forbids debt bondage: the pledging of is mostly reluctant to make a complaint personal services as security for a debt since the trafficker may be her own where the value of those services is not family or person known to her. It was applied towards the liquidation of the not uncommon for families to sell their debt or their length or nature is not daughters in times of economic distress limited and defined. Many trafficked or order to avoid starvation. persons who enter into a debt with their Relationship between Human Rights exploiters (relating to, for example, and Human Trafficking placement or transport fees) find themselves in a situation of debt The links between human rights and bondage; the debt is used as a means of the fight against trafficking are well controlling and exploiting them. Human established. From its earliest days to the rights law also prohibits forced labour present, human rights law has unequivocally proclaimed the A. Trafficking as a violation of human fundamental immorality and rights unlawfulness of one person As noted above, many of the practices appropriating the legal personality, associated with modern-day trafficking labour or humanity of another. Human are clearly prohibited under rights law has prohibited discrimination international human rights law. For on the basis of race and sex; it has instance, human rights law forbids debt demanded equal or at least certain key bondage: the pledging of personal rights for non-citizens; it has decried and services as security for a debt where the outlawed arbitrary detention, forced value of those services is not applied labour, debt bondage, forced marriage, towards the liquidation of the debt or and the sexual exploitation of children www.ijar.org.in 50 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] their length or nature is not limited and over human society. Trafficking in its defined. Many trafficked persons who widest sense include the exploitation enter into a debt with their exploiters girls by pushing them into prostitution, (relating to, for example, placement or forced labour or services, slavery or transport fees) find themselves in a practices similar to slavery and the trade situation of debt bondage; the debt is in human organs. In the case of children used as a means of controlling and who have been trafficked or have become exploiting them. Human rights law also victims of child marriages, it violates prohibits forced labour, their right to education, employment and self determination. B. The human rights of trafficked persons The Constitution of India which is the highest law of the land and from which Both the Charter of the United Nations all laws emanate, guarantees equality as and the Universal Declaration of Human a fundamental right and prohibits traffic Rights confirm that rights are universal: in human beings.2 Article 23(1) they apply to everyone, irrespective of specifically prohibits traffic in human their race, sex, ethnic origin or other beings, begar and other forms of forced distinction. Trafficked persons are labour. It is pertinent to mention here entitled to the full range of human that there is no specific prohibition of rights. Even if they are outside their prostitution, what is prohibited is traffic country of residence, international law is in persons. clear that trafficked persons cannot be discriminated against simply because Immoral Traffic (Prevention) Act, 1986 they are non-nationals. The Suppression of Immoral Traffic in C. The importance of a human Women and Girls Act, 1956 now rights-based approach to trafficking Immoral Traffic (Prevention) Act, 1986 was enacted in pursuance of India’s While the link between human rights commitment on ratifying the and human trafficking is clear, it does International Convention for the not necessarily follow that human rights Suppression of the Traffic of Persons will naturally be at the centre of and of the Exploitation of the responses to trafficking. For example, Prostitution of others. According to cross-border trafficking can be dealt Articles 1 & 2 of the Convention3 with as an immigration issue, with countries are bound to punish persons human rights being addressed only as an who, to gratify the passions of another afterthought. It is also possible for procures, entices or leads away, for States to address trafficking primarily as purposes of prostitution, another person, a matter of crime or public order. even if it is with the consent of that Indian Constitution person. By section 3 of the Suppression of Immoral Traffic in Women and Girls Indian Constitution prohibits all forms Act 1956’ of trafficking under Article 23. It has been observed poor helpless families and The objective of the ITPA is to: tribal society have become the main Punish immoral trafficking; target group of traffickers. Trafficking has become great human problem in all Punish traffickers; www.ijar.org.in 51 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Punish persons living off the respect to particular cases or cases earnings of a woman; and generally. Enabling provisions have been added to empower the Central Provide welfare measures directed government to appoint any number of towards rehabilitation of sex workers. trafficking officers who shall exercise National Human Rights Commission powers and discharge functions in relation to the whole of India. Thus the NHRC survey in which data was trafficking officers appointed under the collected by interviewing 852 police Act are empowered to investigate offence officials (117 senior officials and 735 having inter-state ramifications. middle/junior rank officials) presents the following scenario8: References The sex-disaggregated data of law Umedsinh P. Champawat v State of enforcement shows that 93% of those Gujarat, MANU/GJ/0367/2005 arrested, mainly under Section 8 A http://nhrc.nic.in/ResearchStudies&Pr (ITPA), 95% of those charge sheeted oject.htm and 90% of those convicted were women. http://www.ohchr.org/Documents/Pub lications/FS36_en.pdf 40% of the police officials were not aware of the issue of trafficking http://www.ncw.nic.in/pdfreports/Hu man_Right_Violation_of_Victims_of_ Only 6.6% of the police officials had Trafficking.pdf undergone some sort of training/sensitization on the issue. http://www.lawteacher.net/free-law- essays/human-rights/human-rights- 54.8% police officers give no priority violation-and-trafficking.php at all to trafficking, 25.3 give itlow priority, 12.2% consider it to be a medium priority issue and only 7.7% think it is a high priority issue Reporting on trafficking appears to be only 40%. As stated by the police officers themselves, 60% of the cases go unreported Conclusion The Act was amended to make good some inadequacies in the light of the experience gained in its implementation; and presently empowers the State govt. to appoint Special Police Officers for dealing with offences under this Act in a specified area.9 The Magistrate may confer upon any retired police or military officer all or any powers conferred on a special police officer with www.ijar.org.in 52 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Human rights and women: challenges before the civil society
Dr. Katreddi Satyanarayana Reader & Head, Dept. of Social Work & Controller of Examinations, K.G.R.L.College (A) Bhimavaram 534 201 W.G.Dt Abstract: Proper and adequate enjoyment of human rights, both by men and women- equally, is the prerequisite of any developmental process and civic progress. This is more particularly so in the case of Indian Women who constitute the backbone of the Indian economy as well as society. Even though there is no gender bias in the human rights, per se, its enjoyment with equanimity among the genders is a concern in the contemporary Indian society as the human rights vis-à-vis Women are found to be flouted more frequently than respected or realized. Women who cannot enjoy the rights meant for humans, due to gender based limitations, are essentially at risk. Such societies can never attain social progress. The Civil Society has a major role and responsibility to correct this imbalance in the full and adequate enjoyment of human rights by women, equally with that of their men folk. Key words: human rights by women, men folk, enjoyment
Domains of Discussion: Article-16:Men and Women of full age have the right to marry and found a This paper delves on the details of the family. Human Rights vis-à-vis Women, the challenges being experienced by women Article-18:Every one has the right to for the free and fair enjoyment of the freedom of thought, conscience and human rights and concludes with the religion… kind of response of the civil society that is Article-19:Every one has the right to necessary for an equitable development of freedom of opinion and expression. both genders. Article-23:Every one has the right to The Human Rights vis-à-vis Women: work, to a free choice of employment… Article-1: All human beings are born Article-24:Every one has the right to free and equal in dignity and rights. rest and leisure, including reasonable Article-2: Every one is entitled to all the limitation of working hours and periodic rights and freedoms without distinction holidays… such as race, sex….
Article-4: No one shall be held in Article-25:Every one has the right to a slavery or servitude. standard of living adequate for the health Article-15:No one shall be subjected to and wellbeing of himself and of his torture or to cruel, inhuman or degrading family, including food, clothing, housing and medical care and necessary social treatment or punishment. services, and the right to security in the event of unemployment, sickness, www.ijar.org.in 53 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] disability, widowhood, old age or other lactating. Malnourished women lack of livelihood in circumstances give birth to malnourished beyond his control. If one examines the children, perpetuating the cycle. wording of these articles of Human Poor Health: Females receive less Rights, there is gross gender inequality health care than males. Many women and fails to sensitize the people in the die in childbirth of easily prevented civil society. The wording itself needs to complications. Working conditions be changed to reflect gender neutrality of and environmental pollution further the charter of Human rights. impairs women's health. The Scenario of Human Rights and Lack of education: Families are far Women: less likely to educate girls than boys, The scenario of Women and and far more likely to pull them out Human Rights in Indian context can be of school, either to help out at home best understood from the words of Ashish or from fear of violence. Garg. “I think for women in India I have Overwork: Women work longer hours only one sentence. “The human being is and their work is more arduous than not yet civilized and they are still living men's, yet their work is unrecognized. in the forest where there is a danger of Men report that "women, like wild animals attacking them any time”. children, eat and do nothing." May be forest is safer than India for Technological progress in agriculture women. has had a negative impact on women. I am ashamed myself to be part of Unskilled: In women's primary this country where we cannot even give a employment sector - agriculture - safe future to our women and children. extension services overlook women. Unlike other countries who spare their lives for giving great future to their Mistreatment: In recent years, there generation”(Ashish Garg March 10, 2002) has been an alarming rise in atrocities against women in India, in What ever discussion goes on, the terms of rapes, assaults and dowry- bottom line is there are no human rights related murders. Fear of violence for the women in India, absolutely none. suppresses the aspirations of all She is lucky if she doesn’t get exploited, women. Female infanticide and sex- abused etc. Shear luck, because if at all selective abortions are additional that happens no one will help her not forms of violence that reflect the even her own family (May be they are devaluing of females in Indian involved too in this). So if any of you have society. a daughter just pray to god that she is lucky enough to live a human life. Malnutrition: India has Powerlessness: While women are exceptionally high rates of child guaranteed equality under the malnutrition, because tradition in constitution, legal protection has India requires that women eat little effect in the face of prevailing last and least throughout their patriarchal traditions. Women lack lives, even when pregnant and power to decide who they will marry, www.ijar.org.in 54 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
and are often married off as children. characterized by improved gender Legal loopholes are used to deny sensitivity from the present insensitive women inheritance rights state; greater awareness on the benefits of gender equality rather than the turbid The Challenges: gender inequality; mobilizing the The challenge before, therefore, communities to come out from the is very simple, that being “turning down shackles of the present ignorance levels the above vulnerabilities on their head” and gearing them to taking up advocacy through initiatives against the undemocratic social structures that perpetuated gender Assuring freedoms, equality and discrimination. dignity References: Ensuring the free and full enjoyment of rights by women Ashish Garg (March 10 2002) : Women in India & Human Rights Emancipation from slavery or servitude. Govt. of India (2000) : A reference manual Publications Division Avoiding torture, cruel, inhuman or degrading treatment or punishment. Guaranteeing right to marry and found a family.
Facilitating freedom of thought and
conscience.
Ensuring the right to freedom of opinion and expression. Ensuring the right to work and to a free choice of employment. Appreciating the right to rest and leisure. Enhancing the standard of living and wellbeing of women and improving her access to food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond her control Civil Society Response: The response of the Civil Society should be to articulate and usher a “to be state” from the present “as is state”, www.ijar.org.in 55 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Safeguarding the Consumer Rights in India - A Study
Dr. Ch. Rama Krishna, Asst. Professor in Commerce* Dr. Ch.Srinivasulu, Asst. Professor in Mathematics* V. Sanjeeva Kumar, Asst. Professor in Chemistry* *Government Degree College, Mandapeta, E.G. Dist., A.P.
Abstract: Every human is a consumer, regardless of occupation, age, gender, community or religious affiliation. Consumer rights and welfare are now an integral part of the human rights of an individual and we all have made use of them at some or the other point in our daily routine. In India, to safeguard the rights of the consumers under human rights, the Consumer Protection Act, 1986 was enacted by the Government Of India. This act came in to existence with the objective of providing better protection of consumers’ interests. It provides speedy and inexpensive adjudication. The research is focused on the study of safeguarding the Consumer Rights in India through implementation of various acts under constitution of India. The research also indicates that the Government of India is strictly adhering to protect the consumer rights through the Redressal Agencies at various levels in India. Key Words: Consumer Rights, Consumer Protection
Introduction and services made by them. It is significant that, as consumer, one knows Human rights include the consumer the basic rights as well as about the rights. Now days the rights of consumers courts and procedures that follow with are infringed by the Traders or sellers. the infringement of one’s rights. The Consumer right means ‘the right to have information about the quality, Who is a Consumer? potency, quantity, purity, price and Any individual who purchases products standard of goods or services’, as it may or services for his personal use and not be the case, but the consumer is to be for manufacturing or resale is called a protected against any unfair practices of consumer. A consumer is one who is the trade. It is very essential for the decision maker whether or not to buy an consumers to know these rights. However item at the store, or someone who is there are strong and clear laws in India influenced by advertisement and to defend consumer rights, the actual marketing. plight of consumers of India can be declared as completely dismal. Out of As per the Act, a 'Consumer' has been the various laws that have been enforced defined as Any person who buys goods for to protect the consumer rights in India, consideration, and any person who uses the most important is the Consumer goods with the approval of the purchaser. Protection Act, 1986. According to this Any person, who hires any services for a law, everybody, including individuals, a consideration and any beneficiary of firm, a Hindu undivided family and a such services, provided the service is company, have the right to exercise their availed with the approval of the person consumer rights for the purchase of goods
www.ijar.org.in 56 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] who had hired the service for a grievances and promote the standards consideration. governing goods and services provided in India. Consumer Rights The Government of India needs to have The right to be protected from all kind of world class product testing facilities to hazardous goods and services test drugs, food, cars or any other The right to be fully informed about the consumable product that can prove to be performance and quality of all goods and a menace to life. It does not happen services coincidently that Tata Nano is sold in India for half of what it costs in a country The right to free choice of goods and which is industrially developed, this is a services classic case of requirement of a cheap The right to be heard in all decision- product that outweighs the need for making processes related to consumer safety of family and self. The developed interests countries like the United States have stalwart agencies which oversee the The right to seek Redressal, whenever protection of consumer products, consumer rights have been infringed the Food and Drug Administration (FDA) The right to complete consumer for food and drugs, the National Highway education Traffic Safety Administration (NHTSA) for automobiles and the Consumer The Consumer Protection Act, 1986 and Product Safety Commission (CPSC) for several other laws like the Weights, various other consumer products etc. Standards & Measures Act can be This right needs each product which can formulated to make sure that there is fair potentially be a danger to our lives to be competition in the market and free flow marketed after adequate and complete of correct information from goods and verification as well as validation. India is services providers to the ones who 50 years away, for empowering this right consume them. In fact, the degree of adequately and completely. consumer protection in any country is regarded as the right indicator of the Right to Information progress of the country. There is high The right to information is defined as level of sophistication gained by the goods ‘the right to be informed about the and services providers in their marketing quality, quantity, potency, purity, and selling practices and different types standard and price of goods or services, as of promotional tasks viz. advertising the case may be so as to protect the resulted in an increasing requirement for consumer against unfair trade practices’ more consumer awareness and in the Consumer Protection Act of 1986. protection. The government of India has In the market place of India, consumers realized the condition of Indian get information by two ways namely consumers therefore the Ministry of advertising and word of mouth however Consumer Affairs, Food and Public these sources are considered to be Distribution has incorporated the unreliable but still this word of mouth is Department of Consumer Affairs as the quite common here.Because of this, the nodal organization to protect the Indian consumers hardly have precise consumer rights, redress the consumer www.ijar.org.in 57 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] andcomplete information for assessing Right to Choose the true value, safety, suitability, The definition of Right to Choose as per reliability of any product. Usually the the Consumer Protection Act 1986 is ‘the hidden costs can be found, lack of right to be assured, wherever possible, to suitability, quality problems and safety have access to a variety of goods and hazards only after the purchase of the services at competitive prices’. For product. regulating the market place, there is just There is another right claimed by Indian one factor required and that is government on paper, this right must competition.The existence of cartels, ideally make sure that all consumable oligopolies and monopolies prove to be products have been labeled in a standard counterproductive to consumerism. The manner containing the cost, quantity, the natural resources, liquor industry, ingredients and instructions given to use telecommunications, airlines etc all are the product safely. It is unfortunate that being controlled by a mafia to some or even the medicines in the country do not the other extent. Since the Indian follow a standardized labeling consumers come from a socialistic convention. There should be background, the tolerating of establishment of unit price publishing monopolistic market is found in their standards for consumer market where blood. It is seldom seen that people want costs are revealed in standard units like to switch the power company, in the per kg or per liter. The consumers, ought times when they have a blackout at to be informed in an exact yet accurate home.It is interesting to know that even manner for the cost involved during time micro markets like fish vendors in some of availing a loan. For providing benefit cities are known to collude and to the society through this right, discourage the consumers’ bargaining advertisers must be held against the power. No matter what size or form, or standards of products in the span, but collusion of various companies advertisements. The pharmaceuticals which sell a similar kind of product is require todisclose potential side effects unethical or say less legal. It can be related to their drugs and manufacturers estimated that India has to stride for ought to be required to publish reports about 20 more years for empowering its from independent product testing citizens fully in this regard. laboratories for the purpose of comparing Right to be heard the quality of their products from competitive products. There is a website: As stated in the Consumer Protection Act Consumerdaddy.com, for the purpose of 1986, ‘the right to be heard and to be empowering the consumers withright to assured that consumer's interests will information. Without help of these types receive due consideration at appropriate of websites it is difficult to spread forums’ is the definition of the right to be awareness among the consumers of India. heard. This right helps to empower the The right to information gives the power consumers of India for putting forward to the consumers to have an easyaccess to their complaints and concerns fearlessly information which is necessary for the and raising their voice against products consumer. or even companies and ensure that their issues are taken into consideration as
www.ijar.org.in 58 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] well as handled expeditiously. However, Redressal Forums at district level, State till date the Indian Government has not Consumer Disputes Redressal formed even one outlet for hearing the Commissions and National Consumer consumers or their issues to be sorted Disputes Redressal Commissions out. have been incorporated with the help of the consumer protection act. These There are a number of websites striving consumer grievance redressal agencies to do this. The major objective of have fiduciary as well as geographical Consumer is to ensure that their voices jurisdictions which address consumer are heard by the corporate world. There cases between businesses and consumers. is a website, Consumerdaddy.com, where consumers can upload their criticisms as About 20 lakhs Consumer cases are heard well as file complaints. Every criticism in the district consumer forum, and filed gradually lessens the overall score of around one crore can be heard in the the product which is being criticized state consumer court while more than therefore each complaint is one crore cases are heard at national independently checked by an investigator consumer court. It has been found that if who belonged to Consumerdaddy.com one becomes guardian of consumer website. This website provides the protection or consumer rights in the consumers the benefit of doubt always, so country these courts today are found to their voice is considered over that of the be ineffective because of bureaucratic company. It is believed at sabotages, clogged cases, callousness of consumerdaddy.com, that consumer is government and decadent infrastructure. always right, and that he is the king. In Only some of the district forums have case a consumer makes an allegation appointed officials for time being and regarding the product, the onus goes to majority of them are non-functional the dealer, orsupplying company or because of funding and infrastructure manufacturer to disprove that allegation constraints. There are around 20-30 is not true.To be precise, the consumer is million open cases in India which remain heard, and the load of proof goes to the unsolved and would take around 320 company. Various attempts are made by years to wind up. Having such type of the government for empowering the compromised legal system the consumer citizens with this right, and it is believed cases form just civil litigations and are that about 10-15 years more are required carried forward to the bottom of the for the accomplishment of this goal. priority list. It is estimated that India is 10 years away in effectively ensuring the Right to Redressal right to redressal to every consumer of The right to seek redressal against unfair India. trade practices or restrictive trade Right to Consumer Education practices or unscrupulous exploitation of consumers’ is referred to as the right to The right of every Indian citizen to have redressal according to the Consumer education on matters regarding consumer Protection Act 1986. The government of protection as well as about her/his right India has been bit more successful with is regarded as the last right provided by regard to this right. The Consumer the Consumer Protection Act 1986. The courts like District Consumer Disputes right makes sure that the consumers in
www.ijar.org.in 59 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] the country have informational programs rights namely the Right to Basic Needs & and materials which are easily accessible Safe Environment play crucial role in the and would enable them to make lives of common masses due to their link purchasing decisions which are better with the realities of life in the context of than before. Consumer education might environment and other resources refer to formal education through college concerned. They are pivotal because they and school curriculums as well as offer best of the support system to the consumer awareness campaigns being common masses. When taken into the run by non- governmental and Indian context it is well understood why governmental agencies both. Consumer such rights are important due to ample NGOs, having little endorsement from masses here seeking for food security the government of India, basically besides other basic needs like being undertake the task of ensuring provided safe water supplies to sheltering the consumer right throughout the and last but not the least health and country. India is found to be 20 years education related needs. It is worth away from giving this right that gives noting that not everybody in the Indian power to the common consumer. subcontinent has access to the imported goods which supermarkets stake to help Rights and Responsibilities of Consumers to make good choice of items like the Consumer Responsibilities cases of latest car models. It is easily Consumer responsibilities refer to the monitored in the developed world where responsibility of having awareness of the every item is carefully analyzed. In fact quality and safety of goods and services more pressing need in India is safe while purchasing and the responsibility environment and food security for the to collect information available about a population of more than 1 billion here product or service and to update oneself instead of rest consumer options or rights with changes or innovations taking place they have. As it is well analyzed the in the market. It means the responsibility natural resources of developing countries to think as well as make choices remain major resource base for the independently and consider immediate developed world to have its industrial needs and wants. It refers to output run smooth. responsibility to speak out, and to inform Right to Basic Needs manufacturers and governments of needs and wants and the Responsibility to Any consumer’s life solely depends on Complain or inform business along with easy access to food, water and shelter as other people about discontentment with a basic needs. It is impossible to think of product or service in an honest way. life’s existence in the absence of such There should be Responsibility of being fundamental amenities. It is strange that an Ethical Consumer and be fair and not in September 2001 India had ample engage not in malpractices which make foodgrain stock of approximately 60 all consumers pay. million tons stillone third of the population in the country had to lead life Right to Basic Needs & Safe below the poverty line. In fact large Environment chunk of masses still sleep hungry and so The countries in their developmental are the cases of severemalnourishment phases require strict following of the two which cause poor health condition. www.ijar.org.in 60 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
One can take into consideration the When the example of starvation deaths of recent starvation deaths in Orissa as poor masses in the Orissa state in August notable examples. The key objective 2001 are taken into account it is well behind the establishment of consumer understood that food security remains rights forum is to ascertain that every myth in the Indian context even to this consumer must have the required supply day. The Government of India started the of food besides secure permanent home to Public Distribution System (PDS) to easy access to life’s basic amenities which solve this food scarcity problem with an include sanitation, power supply and aim to support the poorest by providing potable water facility. Undoubtedly the them food grains in cheaper rates under fast urbanizations held everywhere is the provision of subsidized prices which considered an indication of development ‘Fair Price Shops' of the government run. but all those poor masses migrating The government of India runs nearly 4.5 to the cities from rural areas indeed face lakh Fair Price Shops in different parts of worst living conditions as city’s poor. the country today out of which those in the rural areas number to 3.05 while There is a trend of rapid growth if the urban areas consist of 0.94 from the total urban population since 1988 now. shops operated. According to estimations urban poor percentage has gone higher than the Every 2000 consumer therefore have rural poor population. As estimations average access to at least 1 PDS in the describe approximately 20 to 25% urban county. The case of food shortage still households are forced to spend life in the remains a big issue in several parts of the slum areas where their colonies are just country. India has also faced its makeshifts as if refugee settlements they artificially created food scarcities due to stay into. They hardly avail any poor distribution and under-utilisation of affordable but decent living space in the food grains. At present approximately 60 urban areas they live. million ton of food grains remain buffer stocks in several places. Improper storage Estimates further describe that there still facilities and lack of systematic remains the shortage of 17 million units utilization causes the rotting of large food in mere urban areas. That remains major grain stocks. An ardent need today is reason of the habitat crisis in cities in proper channelization of such stocks India. If rural areas are taken into towards the needy people through account then we see that here as well the providing them most suitable ‘food for situation is equally worsening because work' programs which can offer dual amp-le population here still lives into benefit if funds and employment temporary settlements as hutments opportunities. Other key factors are where they stay. It is obvious that lack of ensuring that their remains easy and running water and electricity supply enough accessibility of food every time would be there in the non-permanent and there is complete care about housing areas where hardly would be any nutrition values to ensure that children’s sanitation facility. Both urban and rural health and hygiene is maintained to avoid areas still have the big challenge of further vulnerabilities. It is an important having no access to the dry toilets. aspect that requires special attention to Food Security for Consumers ensure people are made responsible and
www.ijar.org.in 61 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] so are they provided quality food supply market specifically targets them due to as basic needs of life. their influence on the growing purchasing power that too due to their Right to Safe Environment change3d status of ‘working-women' in Limitations of urban lifestyle are that the society. With their dual roles as urban people find in the parks, professionals and homemakers women gardensand deteriorating air or water now have ample influence in the families. quality their share of environment. In Such scenarios bring many disadvantages fact large chunk of urban areas hardly including them finding least or no time to have required number of wildlife hence facing increased pressures and most masses are not abreast of the biodiversity importantly their gradual de-linking from which they could have thereby. On the traditional culture of obtaining the contrary the masses in rural areas fulfill knowledge they sought. Markets their basic needs from the local therefore avail the benefits of those environment itself. One of the necessary situations through proving the defenses against the fast worsening readymade solutions to women for quality of life around the world is services or products they may choose. through the conservation of environment. Fast-food, two-minute snacks or items Everybody remains the victim of food like refrigerators or washing machines contamination to issues like problems having excellent technologies remain related to water supply to pesticide- focal point. As primary members to be ridden foods and adulteration in milk to responsible to select items women last but not the least exhausting fumes consumers look for those stuffs that are from the vehicles that literally create eco-friendly and convenient besides choking atmosphere. offering maximum safety. Women Keen observation nearby our areas therefore evaluate food product’s indicates how our immediate nutrition contents prior to making their surroundings are polluted due to our own buying decisions by ensuring that quality misdeeds. Our living standards and steps is maintained in the traditional to cause damage to environment through Consumer Protection Act 1986 various types of pollution are the matters of great concern Some more factors Consumer Protection Act remains a include consumption patterns of common valuable aspect for study in the context of masses having direct link with Indian consumer’s rights or interests. environment damages. They are This Act plays pivotal role to develop outcomes of irresponsible human provision with an aim to establish various behaviors. consumer councils especially the authorities of similar nature to ensure Women Consumers that consumers’ disputes are settled Two factors keep women consumers into comprehensively for the best possible limelight that include their identity of resolution of matters associated with constituting to 50% of whole consumer them. base besides their important roles in Consumer Protection Council: There is purchase decisions that even go up to provision for national, state and district even 80% of all purchase done. The level establishment of Consumer www.ijar.org.in 62 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Protection Councils with an aim to a retired or working judge of District develop awareness amongst the Court. They are appointed by state consumers. government. The complaints for goods or services worth Rs 20 lakhs or less can be Central Consumer Protection Council filed in this agency. The Central Government establishes it The agency sends the goods for testing in with the involvement of following laboratory if required and gives decisions members in its team consists of Council on the basis of facts and laboratory Chairman is the Minister of Consumer report. If the aggrieved party is not Affairs of Government of India. Some satisfied by the jurisdiction of the district members as prescribed representing forum then they can file an appeal official and non-official members and who against the judgment in State are very much in line with the specific Commission within 30 days by depositing interests and approaches. Rs 25000 or 50% of the penalty amount State Consumer Protection Council whichever is less. Any Indian State Government can 2. State Commission: It consists of a establish it through the following president and two other members. The members in its team consists of State president must be a retired or working Government’s Minister in Charge of judge of high court. They all are Consumer Affairs to serve as Chairman appointed by state government. The of Council. Rest team members comprise complaints for the goods worth more of officials and non-officials selected from than Rs 20 lakhs and less than Rs 1 crore those with expertise in similar areas of can be filed in State Commission on interest for whom State Government receiving complaint the State commission does recommendations for selection. The contacts the party against whom the Central Government might nominate at complaint is filed and sends the goods for least ten such members in its discretion testing in laboratory if required. for the representation of official or non- In case the aggrieved party is not official members of similar nature. The satisfied with the judgment then they can councils established on State Levels are file an appeal in National Commission bound to meet for possible solutions within 30 days by depositing Rs 3500 or whenever necessities occur. They must 50% of penalty amount whichever is less. meet at least twice a year without any failure. 3. National Commission: The national commission consists of a president and Redressal Agencies under the Consumer four members one of whom shall be a Protection Act, 1986 and Their woman. They are appointed by Central Jurisdiction Government. The complaint can be filed Three Tier Consumer Grievances in National Commission if the value of Machinery under the Consumer goods exceeds Rs 1 crore. On receiving Protection Act the complaint the National Commission informs the party against whom 1. District Forum: complaint is filed and sends the goods for District forum consists of a president and testing if required and gives judgment? two other members. The president can be www.ijar.org.in 63 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
1. Self Regulations by Business: Large India enacted an Act called consumer business houses have realised that they protection act 1986. The government of can prosper and grow for a long period of India is strictly following the act to safe time only by giving due importance to guard the interests and rights of the consumers. Socially responsible firms consumers through councils and follow quality standards and have started Redressal agencies. The act is amending customer grievances cell to attend the year by year recently amended in 2015 complaints of consumers. and strictly implementing by the government to safe guard the consumers. 2. Business Associations: Various The Indian consumers also have the business associations such as Federation responsibility to protect their rights of Indian Chamber of Commerce and through this act. The traders also Industry (FICCI) and Confederation of respecting the consumers’ rights after Indian Industry (CII) have framed a set implementing the act. Many reports are of code of conducts which lay down saying that the unfair trade practices are guidelines for dealing with customers. also reduced by this act by giving 3. Consumer Awareness: It is not easy to importance o the consumer rights. exploit an educated and well aware consumer. Consumer must be well aware about his rights, responsibilities and References: relief available to him under consumer "Consumer Protection And National protection act. Consumer Disputes Redressal 4. Consumer Organisations: Consumer Commission". NCDRC. Archived from the organisations play an important role in original on 21 July 2011. Retrieved 18 educating consumers regarding their December 2012. rights, duties. These organisations also Consumer Protection Law and Practice: help consumer to get relief in case of A Commentary on the Consumer exploitation. Protection Act 57 See Indian Legislation, 5. Government: Government of India has Consumer Protection Act. See V K Dr, Ed framed a set of laws and legislations to Agarwal. 1986.2-02. protect the interests of consumers and www.consumerrights.org.in/rights.htm the most important act framed by Govt, is Consumer Protection Act 1986. This http://www.yourarticlelibrary.com/ act has provided three tier Redressal agencies, i. e., District Forum, National Commission and State Commission. Conclusion: Consumers are also the part and parcel of humans. Hence the human rights include all the rights of humans which consist of consumer rights also. Now a days the consumers rights are infringed by traders in many ways. After the consumer movement in India, the government of www.ijar.org.in 64 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
A Critical Appraisal of Human Rights Education in India
Author’s Name: Dr. K.V. Lakshmi Designation: Lecturer in English Affiliation: S.V.J.V.Sanskrit College, Kovvur, W. G. Dt. Abstract :Everywhere in the world all people have an equal right to lead a dignified human life. This right can neither be bestowed upon nor wrested from any person. This right is applicable to one and all irrespective of caste, color, creed and religion. It is sanctioned by our constitution. Although this is the accepted and confirmed norm by all nations, the civil liberties and constitutional rights of certain sections of society have been constantly violated by the powerful communities. Therefore the need of the hour is to educate these people and empower them so that they may be able to lead respectable lives. Not only that it should also be seen that these rights are enjoyed by these people and have self-determining lives.
Key words: Education, human rights, dignity, atrocities, discrimination.
Introduction The Great Mauryan emperor Ashoka, The Great Moghul emperor Akbar and The main objective of this paper is not the great Indian leader Mahatma Gandhi only to throw light on the gross human not only preached but practiced the value rights violations which aretaking place in of granting human rights equally among India but also show the various ways in all people. The British had exercised which these unfortunate incidents be vindictiveness and had trampled upon faced. Although people are aware that this value. But after independence it has Human Rights are sanctioned by our reclaimed its place of importance. It is Indian constitution, they still don’t know the core of our Constitution and the the details and means of implantation of heart of our national interest today. But these rights. As they lack in knowledge the values that we stand for – freedom, they are powerless. So it is necessary to human rights, the rule of law – are all educate people about these human rights universal values. Given the choice, people and create awareness. all over the world want them. But it is Article 1 of the Universal Declaration of deplorable that India which was once Human Rights in 1948 stated that “All looked upon by the whole world as the human beings are born free and equal in pioneer of these values is now groveling dignity and rights”. This is what our in lowly dust of atrocities and human countrymen have been advocating since rights abuse. Human rights abuse is times immemorial and it has become the unfortunately a reality in Indian society, fundamental tradition of our country it is not only just an affront to the values .Human Rights is the principal among of tolerance, freedom and justice that the fundamental values. There has been a fortify our society but also a terrible long Indian practice of standing up for waste of human potential. the weak against abuse by the strong. Why Human Rights Education is Upholding human rights values in every essential to all aspect is firmly ingrained in our tradition. www.ijar.org.in 65 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
The significance of human rights Accountability enforced by courts or education hardly requires any commissions continues to be sporadic. All highlighting. It has a fundamental forms of victimization take place on function in preventing human rights account of abuse of power and violation from happening.The United arbitrariness and discrimination in Nations proclaimed that human rights decision-making. Corruption is education is “training, dissemination and omnipresent in governmental information efforts aimed at the building functioning. Institutions that are of a universal culture of human rights supposed to uphold the rule of law, like through imparting knowledge and skills the police and other law enforcement and the moulding of attitudes”. These machinery, are no exception. This efforts are designed to strengthen respect emphasizes the need for developing a for human rights and fundamental culture among law enforcement officials freedoms, facilitate the full development of respecting human rights. of human personality, sense of dignity, Human rights Education in India. promote understanding, respect, gender equality and friendship to enable all The essence of human rights education is persons to participate effectively in a free nothing but the precepts taught by society, and further activities for various religions religion, like Hinduism, maintenance of peace. Buddhism, Christianity or Islam. The quintessence of human rights is also the Human rights education, training and basics of all religions, Love, compassion, public information are, therefore, tolerance are the same. However, while necessary and essential for the promotion teaching religions we confined these and achievement of stable and values only to their respective followers. harmonious relations among the On the other hand Human rights could communities and for fostering mutual bring in a universal aspect to moral and understanding, tolerance and peace. ethical education. At present we in our Through the learning of human rights as divided societies are in dire need of this. a way of life, fundamental change could Fortunately in the context of rapid be brought about to eradicate poverty, secularization we could still retain a basic ignorance, prejudices, and discrimination common ground for respect for each based on sex, caste, religion, and other. We could still be our brothers’ disability and other status amongst the keepers and withstand value systems people which only promote selfish ways of life. Despite the progress made relating to The present curriculum of Indian human rights in India, the area remains schooling barely mentions human rights. one of concern. The contemporary Indirect references to human rights are realities of executive governance included in the Directive Principles of the demonstrate the weaknesses and Constitution of India and in civics and inadequacy of various measures. history textbooks. Most universities in Violations continue to be committed by India do not offer human rights custodial and other law enforcement education, although some have three- institutions the police, and the military, month to one-year postgraduate courses and the paramilitary forces. on human rights. Section 12(h) of the
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Protection of Human Rights Act, 1993, whole process of education can also ignite requires the Commission to spread human rights activism. human rights literacy among various Contemporary India has witnessed a sections of society and promote particular type of activism that hopes to awareness .The National Human Rights seek transparency and accountability of Commission of India and many NGOs the government. This is another facet of have launched a countrywide public accountability-seeking endeavours. information campaign for human rights. Commenting on the interaction of It aims to make everyone more conscious human rights and politics, Michael of human rights and fundamental Ignatieff has observed, "Human rights freedoms and better equipped to stand up activism means taking sides, mobilising for them. At the same time, the campaign constituencies powerful enough to force spreads knowledge of the means which abusers to stop. As a consequence, exist at the international and national effective human rights activism is bound levels to promote and protect human to be partial and political. Yet at the same rights and fundamental freedoms. time, human rights politics is disciplined Human rights education in India needs to or constrained by moral universals. The go beyond the frontiers of academic role of moral universalism is not to take learning or, for that matter, professional activists out of politics but to get activists pursuit. It should aim to forge social to discipline their partiality their transformation and promote a worldview conviction that one side is right with an based upon respect for the rights and equal commitment to the rights of the freedoms of humanity. Thus, the need for other side." This is the kind of tolerant empowering the people of India cannot be conviction that human rights education better achieved than by developing varied should promote in India components of human rights education. Human rights culture means a number of Such sustained development can result in things to different people. The dynamic the promotion of a culture of human role the media played in other rights. In the case of India, what needs to democracies and societies to develop a be examined is how such education can human rights culture needs to be borne be promoted and to what extent it can in mind while determining and assessing actually facilitate the development of a the potential in India. It is the social human rights culture. responsibility mandate of the media to promote a human rights culture. It is important for India to develop a Where to start transparent and sensible approach for The starting point can be to impart deepening democracy so that the greater awareness about the Constitution concerns and frustrations of the people and other domestic and international law are channelled and indeed regulated so relating to human rights. These efforts that justice is achieved. can be further developed to identify Conclusion particular groups from different strata of society to develop skills and expertise in The contextualizing of human rights is pursuing training programmes. This essential for promotion of peace. Creative reflections on local situations from a www.ijar.org.in 67 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] human rights perspective would help the Atkeson L. R./Rapoport R. B., The More schools greatly, to become the societies’ Things Change the More They Stay the most important peace makers. Some say Same: Examining Differences in Political that we Indians should have fewer rights Communication, 1952-2000, in: Public than people living in Western countries. Opinion Quarterly 67 (2003/4) 495-521 They say, the human rights concepts are Bajaj M., Human rights education and Western. We keep masses of humanity student self-conception in the Dominican without rights and condemn the growing Republic, in: Journal of Peace Education consciousness of rights as a Western one. 2004 This would mean that to be Indian one has to put up with one’s bondage, one must remain submissive, one must eat less and work more. Is that what our women and our children need to believe? Is that what our workers and peasants need to believe while multinational companies with the help of our elite take away the fruit of their labour, and the fruit of our lands? The relativist theory, though couched in nationalist terms is not nationalist at all. For human rights to become part of the civil culture in India, awareness needs to be increased. Citizens need to know about their rights and freedoms. References
Adams B. S./Schniedewind N., A System- wide Program of Human Rights Education, in: Educational Leadership 45 (1988/8) 48-50 Amnesty International, What is human rights education?, Internet: www.amnesty.org (retrieved March 17, 2007) Asia-Pacific Regional Resource Center for Human Rights Education, What is human rights education, in: Human Rights education pack, Bangkok 2003 Asia-Pacific Regional Resource Center for Human Rights Education, Reclaiming Voices, A Study on Participatory Human Rights Education Methodologies in the Asia Pacific, Bangkok 2008 www.ijar.org.in 68 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Terrorism and Human Rights
K. Sasi Kumar, Dept. of English, SVKP & Dr.K.S. Raju Arts & Science College, Penugonda – 534 320, W.G.Dist., A.P. Abstract : The process of globalization makes us believe that global problems such as Terrorism cannot be resolved without global solutions, based on the international legal framework. It is well known that the codification of new international legal norms is in fact a very slow mechanism, despite the high speed to which growth and increases the challenges the world community has to deal with. The Terrorism is a flagellum the world have suffered many times and more and more threats are present, and more casualties are regretted after so many attacks. This phenomenon cannot be eliminated, however, with practices that opposes to fundamental principles of International Human Rights Law
Keywords: Human Rights, Terrorism, Government. Individual
Introduction basic human right and the protection of individuals is, accordingly, a fundamental There is a generalized perception, obligation of Government. States that today is world -against what could be therefore have an obligation to ensure thought- is a more unsafe one. Of course, the human rights of their nationals and the cause of this covers a multiplicity of others by taking positive measures to dimensions and certainly it is hard to protect them against the threat of precise, but the Terrorism could be a clue terrorist acts and bringing the to understand why the traditional perpetrators of such acts to justice. concepts of international security that Human Rights have been effective until now, have became obsolete and indeed, no longer provide real answers to the challenges Human Rights are universal and problems the world is facing. And the values and legal guarantees that protect reason of that is actually very simple. individuals and groups against actions and omissions primarily by State agents The human cost of terrorism has that interfere with fundamental been felt in virtually every corner of the freedoms, entitlements and human globe. Terrorism clearly has a very real dignity. The full spectrum of human and direct impact on human rights, with rights involves respect for, and protection devastating consequences for the and fulfilment of, civil, cultural, enjoyment of the right to life, liberty and economic, political and social rights, as physical integrity of victims. In addition well as the right to development. Human to these individual costs, terrorism can rights are universal—in other words, destabilize Governments, undermine civil they belong inherently to all human society, jeopardize peace and security, beings—and are interdependent and and threaten social and economic indivisible. development. All of these also have a real Terrorism impact on the enjoyment of human rights. Security of the individual is a www.ijar.org.in 69 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Terrorism is commonly money-laundering and trafficking in understood to refer to acts of violence arms, as well as illegal transfers of that target civilians in the pursuit of nuclear, chemical and biological political or ideological aims. In legal materials, and is linked to the terms, although the international consequent commission of serious community has yet to adopt a crimes such as murder, extortion, comprehensive definition of terrorism, kidnapping, assault, hostage-taking existing declarations, resolutions and and robbery; universal “sectoral” treaties relating to Has adverse consequences for the specific aspects of it define certain acts economic and social development of and core elements. In 1994, the General States, jeopardizes friendly relations Assembly’s Declaration on Measures to among States, and has a pernicious Eliminate International Terrorism, set impact on relations of cooperation out in its resolution 49/60, stated that among states, including cooperation terrorism includes “criminal acts for development; and intended or calculated to provoke a state Threatens the territorial integrity of terror in the general public, a group of and security of States, constitutes a persons or particular persons for political grave violation of the purpose and purposes” and that such acts “are in any principles of a Nation, is a threat to circumstances unjustifiable, whatever the international peace and security, and considerations of a political, must be suppressed as an essential philosophical, ideological, racial, ethnic, element for the maintenance of religious or other nature that may be international peace and security invoked to justify them.” The right to life, which is protected The impact of terrorism on human under international and regional human rights rights treaties, such as the International Terrorism aims at the very destruction of Covenant on Civil and Political Rights, human rights, democracy and the rule of has been described as “the supreme law. right” because without its effective Threatens the dignity and security of guarantee, all other human rights would human beings everywhere, endangers be without meaning. As such, there is an or takes innocent lives, creates an obligation on the part of the State to environment that destroys the protect the right to life of every person freedom from fear of the people, within its territory and no derogation jeopardizes fundamental freedoms, from this right is permitted, even in and aims at the destruction of human times of public emergency. The rights; • Has an adverse effect on the protection of the right to life includes an establishment of the rule of law, obligation on States to take all undermines pluralistic civil society, appropriate and necessary steps to aims at the destruction of the safeguard the lives of those within their democratic bases of society, and jurisdiction. As part of this obligation, destabilizes legitimately constituted every country must put in place effective Governments; criminal justice and law enforcement Has links with transnational systems, such as measures to deter the organized crime, drug trafficking, commission of offences and investigate www.ijar.org.in 70 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] violations where they occur; ensure that but without doubt, a symbol of the those suspected of criminal acts are reaffirmation of the values that the prosecuted; provide victims with effective Terrorism pretends to attack. From an remedies; and take other necessary steps ethical and moral point of view, there to prevent a recurrence of violations. In wouldn’t be any difference at all between addition, international and regional the terrorists and those who combat human rights law has recognized that, in them. Like His Holiness Pope Benedict specific circumstances, Countries have a XVI said this year it its message on the positive obligation to take preventive World Day of Peace, the scourge of operational measures to protect an Terrorism demands a profound reflection individual or individuals whose life is on the ethical limits restricting the use of known or suspected to be at risk from the modern methods of guaranteeing internal criminal acts of another individual, which security States cannot fail to recognize certainly includes terrorists. the need to establish clearer rules to counter effectively the dramatic decline Also important to highlight is the that we are witnessing. obligation on country to ensure the Reference personal security of individuals under Berlin Declaration of the their jurisdiction where a threat is known International Commission of Jurists: or suspected to exist. This, of course, ìUpholding Human Rights and the includes terrorist threats. In order to Rule of Law in Combating Terrorismî fulfill their obligations under human (adopted in 2.004). rights law to protect the life and security International Convention for the of individuals under their jurisdiction, Suppression of the Financing of countries have a right and a duty to take Terrorism (approved in 1.999 / entry effective counter-terrorism measures, to into force in 2.002). prevent and deter future terrorist attacks http://www.vatican.va/holy_father/ben and to prosecute those that are edict_xvi/messages/peace/documents/h responsible for carrying out such acts. At f_benxvi_mes_20061208_xl-world- the same time, the countering of day-peace_en.html. terrorism poses grave challenges to the Preliminary Findings on Visit to protection and promotion of human United States by Special Rapporteur rights. on Promotion and Protection of Conclusion Human Rights while Countering The Terrorism is a form of violence Terrorismî (published in 2.007). # that breaks all the patterns of civilization Report of the Secretary-General of the that mankind share. We certainly cannot United Nations: ìRecommendations ignore the suffering caused by groups of contained in the Report of the High- peoples and individuals that act apparted Level Panel on United Nations from the rule of law. But, the combat of System-wide Coherenceî - A/61/836 Terrorism cannot serve as an excuse to (published in 2.007). implement measures that could be or have proved to be restrictive of human rights or that violate human rights. Dignified the human being in the combat of Terrorism is not a feature of weakness www.ijar.org.in 71 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Human Rights Education – An Integral Part of Right to Education
Dr.D. Venkateswara Rao, Professor & Head, Dept. of Public Administration, PG Centre, Sri Y.N.College, Narsapur
Dr.K.S.V. Ranga Rao, Lecturer in Political Science, Sri Y.N.College (Autonomous), Narsapur
Abstract Human rights education constitutes an essential contribution to the long-term prevention of human rights abuses and represents an important investment in the endeavour to achieve a just society in which all human rights of all persons are valued and respected. Human rights education is an integral part of the right to education and is increasingly gaining recognition as a human right in itself. Knowledge of rights and freedoms is considered a fundamental tool to guarantee respect for the rights of all. The United Nations Declaration on Human Rights Education and Training asserts that human rights education encompasses education about human rights. Human rights education promotes values, beliefs and attitudes that encourage all individuals to uphold their own rights and those of others. It develops an understanding of everyone’s common responsibility to make human rights a reality in each community. One way of ensuring awareness of human rights is the introduction of human rights education in schools. In this paper the authors explore the issue of human rights and its importance in the modern society, need of human rights education at school level, its curriculum, content and core values etc. The authors discussed the ways in which human rights could be incorporated in the school curriculum.
Key-Words: Curriculum, Curriculum Development, Fundamental Human Right, Core values, Co-curricular Activities
Introduction: represents an important investment in the endeavour to achieve a just society in Human rights can only be which all human rights of all persons are achieved through an informed and valued and respected. Human rights continued demand by people for their education is an integral part of the right protection. Human rights education to education and is increasingly gaining promotes values, beliefs and attitudes recognition as a human right in itself. that encourage all individuals to uphold Knowledge of rights and freedoms is their own rights and those of others. It considered a fundamental tool to develops an understanding of everyone's guarantee respect for the rights of all. common responsibility to make human rights a reality in each community. What is Human Rights Education? Human rights education constitutes an Simply put, human rights essential contribution to the long-term education is all learning that develops the prevention of human rights abuses and knowledge, skills, and values of human www.ijar.org.in 72 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] rights. The United Nations Decade for Develop awareness of how human Human Rights Education (1995-2004) rights can be translated into has defined Human Rights Education as social and political reality. "training, dissemination, and information Develop skills for protecting efforts aimed at the building of a human rights. universal culture of human rights through the imparting of knowledge and The design of the curriculum skills and the molding of attitudes which needs to be built on the philosophical, are directed to: psychological, and sociological bases of curriculum planning and development. (a) The strengthening of respect for The school curriculum should work human rights and fundamental freedoms; toward the holistic development of the (b) The full development of the human individual. personality and the sense of its dignity; Human Rights Education promotes (c) The promotion of understanding, democratic principles. It examines respect, gender equality, and friendship human rights issues without bias and among all nations, indigenous peoples from diverse perspectives through a and racial, national, ethnic, religious and variety of educational practices. linguistic groups; Human Rights Education helps to (d) The enabling of all persons to develop the communication skills and participate effectively in a free society; informed critical thinking essential to a democracy. It provides multicultural and (e) The furtherance of the activities of the historical perspectives on the universal United Nations for the Maintenance of struggle for justice and dignity. Peace." (Adapted from the Plan of Action of the United Nations Decade for Human Human Rights Education engages the Rights Education (1995-2004), paragraph heart as well as the mind. It challenges 2) students to ask what human rights mean to them personally and encourages them During this Decade, the UN is to translate caring into informed, urging and supporting all member states nonviolent action. to make knowledge about human rights available to everyone through both the Human Rights Education affirms the formal school system and through interdependence of the human family. It popular and adult education. promotes understanding of the complex global forces that create abuses, as well Objectives of Human Rights Education: as the ways in which abuses can be Human rights education aims to do the abolished and avoided. following: Human Rights Education as a Human Enhance the knowledge and Right: understanding of human rights. Education in human rights is Foster attitudes of tolerance, itself a fundamental human right and respect, solidarity, and also a responsibility: the Preamble to the responsibility. Universal Declaration of Human Rights (UDHR) exhorts "every individual and www.ijar.org.in 73 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] every organ of society" to "strive by people, human rights can create a teaching and education to promote framework for analyzing and resolving respect for these rights and freedoms." such differences. Human rights education The International Covenant on Civil and also teaches the skills of negotiation, Political Rights (ICCPR) declares that a mediation, and consensus building. government "may not stand in the way of Who Needs Human Rights Education? people learning about [their rights]." Human rights should be part of Although news reports refer to everyone’s education. However, certain human rights every day, "human rights groups have a particular need for human literacy" is not widespread in the United rights education: some because they are States. Students of law and international especially vulnerable to human rights relations or political science may study abuses, others because they hold official human rights in a university setting, but positions and upholding human rights is most people receive no education, their responsibility, still others because of formally or informally, about human their ability to influence and educate. rights. Even human rights activists Among these groups are the following: usually acquire their knowledge and skills by self-teaching and direct Administrators of Justice: experience. People who do not know their law enforcement personnel, rights are more vulnerable to having including police and security them abused and often lack the language forces and conceptual framework to effectively advocate for them. Growing consensus prison officials around the world recognizes education lawyers, judges, and prosecutors for and about human rights as essential. Other Government and It can contribute to the building of free, Legislative Officials: just, and peaceful societies. Human rights education is also increasingly recognized members of the legislature as an effective strategy to prevent human rights abuses. public officials, elected and appointed Integral to learning about one’s human rights is learning about the members of the military Other responsibilities that accompany all rights. Professionals: Just as human rights belong to both educators individuals and society as a whole, the responsibility to respect, defend, and social workers promote human rights is both individual health professionals and collective. Human rights education provides a basis for conflict resolution journalists and media and the promotion of social order. Rights representatives Organizations, themselves often clash, such as when one Associations, and Groups person’s commitment to public safety women’s organizations conflicts with another’s freedom of expression. As a value system based on community activists and civic respect and the equality and dignity of all leaders www.ijar.org.in 74 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
minority groups formal, nonformal, and informal education systems, and also reach members of the business parents and policymakers. It aimed to community develop awareness of how to translate trade unionists human rights into social and political reality. The 1993 Vienna conference indigenous peoples reiterated the urgency of respecting religious leaders and others with human rights and fundamental freedoms, a special interest in social justice and emphasized that human rights issues education must be treated as essential to the development of a global human rights children and youth culture. Four paragraphs of the Vienna students at all levels of education Declaration and Programme of Action are related to education and training. Taking refugees and displaced persons into account the World Plan of Action on people of all sexual orientations Education for Human Rights and Democracy, adopted in March 1993 by poor people, whether in cities or the International Congress on Education rural areas for Human Rights and Democracy of the people with disabilities United Nations Educational, Scientific and Cultural Organization, and other migrant workers human rights instruments, the World Historic Events Conference on Human Rights recommends that States develop specific It is universally accepted that education programmes and strategies for ensuring is the best source of social mobility, the widest human rights education and equality, and empowerment, both at the the dissemination of public information, individual and collective levels. Further, taking particular account of the human it is considered as a precondition for a rights needs of women. healthy democratic society. It is thus important that education include the Pursuant to the Vienna Declaration, study of peace, human rights, and the UN declared 1995-2004 as the United democracy as essential to society's Nations Decade for Human Rights development. The International Education. The Decade's Plan of Actions Covenant on Economic, Social and aims to accomplish the following: Cultural Rights (1976) reaffirms and Assess needs and formulate strengthens these provisions. The 1978 strategies to further human International Congress on the Teaching rights education at all school of Human Rights and the 1993 Vienna levels, in vocational training and conference called upon UN member- formal as well as nonformal states to introduce human rights learning. education at all levels of education. Build and strengthen programs The World Congress on Human Rights in and capacities for human rights Delhi, 1990, urged that human rights education at the international, education be understood as encompassing
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regional, national, and local The Indian Constitution and Human levels. Rights: Coordinate the development of The Constitution shapes the human rights education country's concept of human materials. rights. The Preamble, Fundamental Rights, Strengthen the role and capacity Fundamental Duties, and of the mass media in the Directive Principles of the State furtherance of human rights policy are concrete steps toward education. the realization of human rights. Globally disseminate the Whereas basic objectives have Declaration in the most number been defined in the Preamble, the of languages possible and in other protection of human freedom and forms appropriate for various liberties are emphasized in levels of literacy and for the Fundamental Rights and disabled. Directive Principles of State Policy. The rights of the child Human rights education is have been given the greatest defined as training, priority. Since rights and duties dissemination, and information are inseparable, Fundamental efforts aimed at building a Duties (Article 51) are also universal culture of human rights imperative. These provisions by imparting knowledge and epitomize the collective will and skills, and molding attitudes. aspiration of all Indians. The following provisions in Human rights education has Constitution safeguard human five dimensions: rights: strengthening respect for the equality before the law (Article human personality and its 14); dignity; nondiscrimination on ground of fully developing the human religion, race, caste, sex, and personality and its dignity; place of birth (Article 15); promoting understanding, equality of opportunity (Article tolerance, gender equality, and 16); friendship among all nations, indigenous peoples, and racial, freedom of speech, expression, national, ethnic, religious, and assembly, association, movement, linguistic groups; residence, acquisition, and disposition of property, practice enabling all persons to participate of any profession, carrying out effectively in a free society; and any occupation, trade, or business furthering the activities of the (Article 19); United Nations to maintain peace
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prohibition of traffic in human 46, Directive Principles of State beings and forced labor (Article Policy). 23); Educational Policies and Human Rights prohibition of labor in case of in India: children below 14 years (Article The reports of various Education 24); Commissions and the statement of freedom of religion (Article 25); educational policy have articulated the importance of the right to education and no provision for religious education in human rights as part of the instruction in any educational effort to reform and develop education. institution wholly maintained out They assign special status in the national of State funds (Article 28); educational system to women, scheduled conservation of language, scripts, castes, scheduled tribes, minorities, and and culture (Article 29 [1]); the handicapped, and emphasize values education. They also define the basic right of minorities to administer components of the core curriculum, educational institutions (Article which reflects some important human 30); rights concerns. State guarantee of social order The National Curriculum (Article 38 [1], Directive Framework is provided for by the 1986 Principles of State Policy); National Education Policy in India. It adequate means of livelihood, covers core elements that cut across equal pay for equal work for both narrow subject boundaries and is men and women, non-abuse of designed to promote values such as health of the worker, opportunity India's common cultural heritage, for children to develop in a egalitarianism, democracy, secularism, healthy manner and in conditions equality of the sexes, observance of small- of freedom and dignity (Article family norms, and inculcation of scientific 39, Directive Principles of State temper, among other things. Policy); Why Human Rights Education in the right to work, education, and School Curriculum? public assistance in specific cases The school can help establish an (Article 41, Directive Principles of intellectual basis for teaching the State Policy); historical development of human rights provision for free and compulsory and their contemporary significance. This education of children up to 14 knowledge should ultimately extend years of age (Article 45, Directive beyond the pupils' immediate Principles of State Policy); and environment and culture. Human rights should be presented in the context of a Ensuring education and economic society's moral and social traditions. The development of scheduled castes, school is not just for transmitting a scheduled tribes, and other national ideology and a common weaker sections of society (Article historical memory through the
www.ijar.org.in 77 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] curriculum. On a deeper level, like the 10 core components identified in the political nation, the school forms a National Policy on Education (1986): constructed place in which students, like the history of India's freedom citizens, are treated equally, irrespective movement; of their background. The concept of the school is like the "concept of citizenship, Constitutional obligations; impersonal and formal. Schools are places the content essential to nurture where it is theoretically possible to national identity; operate a community based on social justice and human rights. India's common cultural heritage; The climate of a school should egalitarianism; encourage open expression of views and democracy and secularism; dialogue between students and teachers. The school can work toward building a equality of the sexes; closer relationship between itself and the protection of the environment; community. Human rights should permeate the whole school--from its ethos removal of social barriers; and organization to the content of its observance of small-family curriculum. norms; and The first National Curriculum inculcation of scientific temper. Framework formulated by the National Council of Educational Research and It further emphasizes the need to Training (NCERT) in 1975 states: "The include the fundamental duties as laid awakening of social consciousness, the down in Article 51 A of Part IV A of the development of democratic values and of Constitution as common core components a feeling for social injustice and national of the curriculum: "These core integration are extremely important.... components need to be integrated in All subjects should be taught in such a school curriculum in a suitable manner. manner so as to foster the spirit of It is envisaged that they would help in scientific humanism." The National instilling a nationally shared perception Curriculum Framework for primary and and values and creating an ethos and secondary education (NCERT 1988) value system in which a common Indian identifies and addresses some of these identity could be strengthened." concerns such as promoting values of Curriculum Development egalitarianism, democracy, secularism, equality, removal of social barriers, and Curriculum development includes creating a sense of common citizenship. It curriculum planning, formulation of proposes that the school curriculum curriculum policy, implementation, and reflects some world issues and helps evaluation. The process of curriculum make children become aware of and renewal has to be continuous to appreciate different world cultures. accommodate new developments and Highlighting the need to strengthen changes in various subjects. The national identity, the National curriculum development exercises should Curriculum Framework for School be undertaken as a systematically Education (NCERT 2000) reaffirms the planned improvement strategy based on www.ijar.org.in 78 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] accepted foundational principles. Human The hidden curriculum: Human rights education should not only be rights education should also incorporated into the formal curriculum address the farreaching hidden as a separate subject but also integrated curriculum of the school to create into the entire curriculum, including the a school atmosphere that truly hidden curriculum (i.e., the culture of reflects respect for human rights. schooling and teacher training Values, attitudes, knowledge, and institutions and programs). Human patterns of behavior should be rights teaching materials should be integrated into the students' produced in different forms. There should personal experiences in order to be no separate human rights curriculum. help them view reality critically. Rather, human rights dimensions can be integrated into the existing curriculum. Context and Approaches to The heart of human rights education is Curriculum Organization curriculum development for all stages of school education. The curriculum should The contexts of and approaches incorporate valuable ideas from the to incorporating human rights Vienna Declaration--human rights, education in the curriculum are humanitarian law, democracy, rule of the following: law, peace, development, and social Direct context: This involves justice. We can add many more to provide including specific topics or local color and to relate human rights subjects that focus on human with the needs of learners at different rights education into stages. mathematics, science, or history Methodology, Approaches, and Strategies subjects, for example. India has introduced human rights Human rights education can be education at the higher education incorporated into the school levels. Recently, the Indira curriculum in several ways: Gandhi National Open University The formal curriculum: Schools (IGNOU) started a certificate may choose to examine their course in human rights present curriculums and identify education. areas where themes and elements Indirect context: This involves of human rights education the use of all school subjects as already exist. Human rights vehicles for human rights education is considered the most education. Some examples are (i) important part of the core creating "learning units in human curriculum of good general rights" in order to integrate the education. content of different subjects The informal toward solving a particular curriculum: Human rights problem and (ii) including human education can also be promoted rights elements in every subject. through the extracurricular and Implicit context: This involves co-curricular activities of the the creation of a sociocultural school. www.ijar.org.in 79 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
ethos in schools that will develop (vi) protection of the students' understanding of environment; and (vii) human rights. spirituality. The question is how to introduce These values are deemed the new curriculums at various universally acceptable and levels. It is obvious that one more desirable in such documents as subject cannot be added to an the Declaration, the Convention already overloaded curriculum, as on the Rights of the Child, the it would constitute a violation of Convention on the Elimination of human rights of sorts. Human Discrimination against Women, rights education should be etc. integrated into existing Human rights education is curriculums. The question, interdisciplinary. The central however, is what and how much area may be outlined as follows: is to be integrated. The answer (i) education for tolerance; (ii) requires a selection of issues. democracy and national Teaching the basic rights may be understanding; (iii) protection of done under the umbrella of human rights; (iv) violation of ethics. At the secondary level, human rights and democratic basic and other rights may be freedom; (v) economic rights; (vi) introduced into existing civil rights; (vii) critical thinking; foundation courses. (viii) scientific temper; (ix) Content and Core Values intellectual honesty; (x) justice and empathy; (xi) legal The first question in curriculum awareness; (xii) equality of building is in what way human educational opportunity; (xiii) rights issues can be structured gender equality; (xiv) political and elaborated upon at different economy and humanism; (xv) levels. The curriculum, among minority rights; (xvi) local other things, stresses the government and civic rights; following core values: (xvii) constitutionalism and
legitimacy; (xviii) history and Issues of human rights and philosophy of human rights; (xix) democracy: (i) dignity; (ii) world citizenship; (xx) role of the equality; (iii) justice; (iv) UN; (xxi) human rights and protection of rights; (v) freedom national and world histories; of participation; (vi) freedom of (xxii) international speech and expression; and (vii) understanding; and (xxiii) freedom of religious belief. environmental protection. Human rights education Values and attitudes:(i) human should focus on attitudes of rights and democracy; (ii) tolerance, respect, and solidarity, cooperation and solidarity; (iii) and develop individual awareness preservation of culture; (iv) self of how human rights can be and others; (v) internationalism;
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translated into social and political Universal Declaration of reality. Human Rights should be discussed. It is imperative Human Rights Education and to discuss the human Curriculum rights curriculum as a Human rights education is not treated as cross-curricular approach a separate area of the curriculum but is at the elementary and integrated into various subjects at secondary levels. different stages: The major subject areas relevant the Indian political system and to human rights at the lower- Constitution; primary stage are social studies, environmental studies, and problems and challenges of languages. contemporary life--political, economic, social, cultural, Human rights issues are educational--that have direct or integrated into environmental indirect bearing on human rights; studies, starting with the child's immediate environment and diversity and variety of Indian gradually taking the child to the culture, its composite and non- study of the district, state, monolithic character; country, and the world. the Indian social system and Narratives and biographies of dynamics of social change; men and women from the history major events in Indian and world of India and of the world, India's history relating to the struggle freedom struggle, and certain for political and civil rights as aspects of the Indian Constitution well as economic and social should be included in this course. rights, and the role of the people The language curriculum should and outstanding leaders in these focus on the development of struggles; compassion, tolerance, and the world human rights situation sympathy, through stories and with regard to gross violations in poems. the form of colonialism, racism, Environmental studies dealing and apartheid; and with family, neighborhood, literary works that reflect human relations, food, clothing, shelter, rights concerns and the quest for religious festivals, and national freedom and rights. heroes expand the knowledge of and respect for diversity and o Major historical human equality. documents such as the American Declaration of Children also develop an Independence, the French understanding of independent Declaration of the Rights India as it evolved during the of Man and the Citizen, freedom struggle. Learning about the UN Charter, and the the nation's goals and the main www.ijar.org.in 81 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
features of the Constitution-- perspective of these problems in fundamental rights, directive an international context. It is principles of State policy, and possible to introduce the student fundamental duties, as well as to a more comprehensive view of secularism and democracy--may the concept of human rights and help promote human rights. the interconnection between the ideals of secularism and In the upper-primary stage, the democracy. major subject areas relevant to human rights education are social The thematic and ideational studies, science, and languages. content in language help to promote awareness of human History courses deal mainly with rights, international Indian history and, in general, understanding, and related issues with the history of world of global significance. The subject civilization, stressing an of language similarly lays the understanding and appreciation foundation for an appreciation of of India's cultural heritage and the underlying humanistic values composite nature, its richness conveyed through folk tales, and variety. They focus on legends, poems, essays, and understanding diversity and dramas. consideration for other's rights. Science is an undiversified The human rights dimension lies subject. Stress is on inculcating a in providing a critical national outlook and thereby understanding of Indian society helping to combat obscurantism through the ages, with focus on and prejudice based on narrow the position of women and the consideration of caste, sex, or inequalities created by the caste religion. The course guidelines system. also emphasize promoting Children should be made aware understanding of the processes of legislative reforms and the role and problem areas related to of international organizations in agriculture, health and nutrition, uplifting women and children. environmental protection, energy, material resources, and, The course in geography helps more important, developing a children develop an appreciation scientific attitude. for different ways of living, interdependence, and sharing of Teaching Human Rights through Co- common values by diverse curricular Activities cultures. Civics helps promote Human rights education goes beyond values of democracy, secularism, subject teaching to organization of other socialism, and national activities and should be considered as an integration. It also includes the integral part of the whole education study of issues relating the process. environment, arms race, and human rights. Children develop a
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Activities that promote Teachers are clearly important in human cooperation and group living can include rights education. Can they teach with human rights content. Teachers can uniform proficiency? What about involve elementary-school children in teachers who are not even aware of their creative tasks such as paper cutting, rights and duties in the classroom? drawing, collage, and work related to Simply, they are to be trained in content science, environmental studies, and social as well as pedagogy, material studies. Exhibitions, displays, and preparation, and curriculum development debates on human rights issues should be as they have to be role models. It is the considered as core elements of human most effective way to improve the quality rights education. The activities and effectiveness of human rights themselves lead to an understanding of education programs. They should be human rights as the children learn to provided with the knowledge, skills, and cooperate and respect each other. understanding to inculcate human rights as part of their teacher education courses Theater and literacy activities should at both the pre- and in-service levels. be part of human rights education. Role Empowerment of teachers and play is an important strategy for parents is also a key issue that should be inculcating values in children. Even the tackled and worked out at all levels of study of major literary and artistic works government. Education should be may promote human rights education, considered a duty not a right. Otherwise, international understanding, and peace. the Declaration will become a mere International-relations clubs, subject of academic study. art, music or drama circles, and UNESCO Conclusion: and United Nations clubs promote international understanding. Activities Over the last five decades, the process of such as putting up wall newspapers and internationalization and globalization of posters on current events, holding the concept of human rights has debates, writing essays and poems, generated the movement "All Human celebrating special days such as Human Rights for All." In a complex country such Rights Day and World Health Day, and as India, violations of human rights at all activities relating to population, levels necessitate human rights education apartheid, literacy, etc. inculcate human at all school levels in general and teacher rights values and generate awareness of education in particular. Hence, human human rights. Human rights education rights education should find its rightful projects can be taken up in any discipline- place in the school curriculum, teacher -history, geography, civics, literature, and training courses--pre- and in-service, science, etc. Since co-curricular activities textbooks, supplementary reading complement human rights teaching in materials, educational policies, and school the curriculum, appropriate materials administration. Human rights education such as references and activity books are must exert its influence from early needed. childhood education onward and through a broad range of disciplines to build a Central Importance of Teachers and human rights culture. Hence, greater Teacher Education: commitment from all sectors and preparation of a sound, realistic plan of www.ijar.org.in 83 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] action can help us achieve human rights Duties of Citizen, Government of education for all and transform the India. New Delhi: NCERT. human rights movement into a mass 11.National Council for Teacher movement to achieve a better social order Education (NCTE). 1999. Human and peaceful coexistence. Indeed, this is Rights and Indian Values. Vols. I and one of the greatest challenges in the 21st II, Self Learning Module. New Delhi: century. NCTE. 12.National Council of Educational References: Research and Training. 1. Nancy Flowers, Human Rights 1988. National Curriculum for Educators’ Network, Amnesty Elementary and Secondary International USA and Kristi Education: A Framework. New Rudelius-Palmer, Partners in Delhi: NCERT. Human Rights Education. 13.National Council of Educational 2. Aurora, G.L. 1995. Child Centred Research and Training. Education--For Learning Without 2000. National Curriculum Burden. Gurgaon: Krishna Framework for School Education. Publishing Co. New Delhi: NCERT. 14.Saxena, K.P.C. (ed.). 3. Bauer, J.R., and Daniel A. Bell. 1994. Human Rights--Perspective 1999. East Asian Challenges For and Challenges. New Delhi: Lancer Human Rights. Cambridge, MA: Books. Cambridge University Press. 15.Quoted in Human Rights Here 4. Delors, Jacques (ed.). 1996. Learning and Now : Celebrating the Universal the Treasure Within. Paris: Declaration of Human Rights, ed. UNESCO. Nancy Flowers (Minneapolis: Human 5.Dev, Arjun. Commonwealth Values Rights Educators’ Network, Amnesty in Education: Young People's International USA, 1998) 20. Understanding of Human Rights--A 16.Shiman, David. Teachi ng Human Ri County Report. Commonwealth ght s (Denver: Center for Teaching Secretariat. International Relations, 1986; 2nd 6.Dev, Arjun et al. 1996. Human Rights-- edition, Teaching about Human A Source Book. New Delhi: NCERT. Rights, 1999). 7.Educational Innovation and 17.Reardon, Betty A. Educat i ng f or Information (IBE). 1999. A Human Di gni t y : Learning about Curriculum Framework for Peace Rights and Responsibilities Education. Geneva: IBE. (Philadelphia: Univ. of Pennsylvania 8.Encyclopaedia of Human Rights. Press, 1995). 1992. London: Taylor and Francis Inc. 18.Vienna Declaration and Programme of 9.Jois, M. Rama. 1997. Human Action, Part I, pars 33-34 and Part Rights and Indian Values. New II, pars. 78-82. Delhi: NCTE. 10.Ministry of Human Resource Development. 1999. Fundamental
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Human Rights in Sanskrit Textual Sources
Dr. T.VenkateswarluM.A., Ph.D Lecturer in Sanskrit, S.V.C Arts & Science college, Chagalamarri Kurnool (Dt.)
Abstract: The natural desire of all human beings is to be happy at every stage and in every aspect of life. It is natural human right, for without happiness life becomes meaningless. Therefore, the right of every individual to happiness has been recognized in the Bharatiya culture since ancient times. This being the most important and comprehensive human right, it includes every kind of right, the fulfillment of which leads to happiness. An individual has the capacity to fulfil his desires by his efforts and thereby secure happiness for himself, for members of his family and for fellow human beings. Abstract: Bharatiya, natural human right, fundamental rights
Narration extent” (Maneka Gandhi Vs. Union of India – 1978 (1) SCC 248). Bharatiya values regarding human rights perhaps have the oldest The highest ideal of human life, pedigree. Rigveda which is regarded as evolved in India, is incorporated in a the oldest document declares that all short but meaningful manner in the most human beings are equal and they are popular prayer: brothers. The Atharvan Veda declared “Let all people be happy” that all human beings have equal right over water and food (natural resources). This is the basis of the famous slogan: The Vedas including Upanishads (Shruti) “The world is one family” were the primodrdial sources of ‘Dharma’ which is a compendious term for all the These indicate the large heartedness and human rights and duties, the observance width of our vision. of which was regarded as essential for Human Right to happiness securing peace and happiness to individuals and the society as well. The natural desire of all human Referring to the source of fundamental beings is to be happy at every stage and rights incorporated in our constitution, in every aspect of life. It is natural the supreme court of Bharth has said human right, for without happiness life thus: becomes meaningless. Therefore, the right of every individual to happiness has “These fundamental rights been recognized in the Bharatiya culture represent the basic values cherished by since ancient times. This being the most the people of this country since the Vedic important and comprehensive human times and they are calculated to protect right, it includes every kind of right, the the dignity of the individual and create fulfillment of which leads to happiness. conditions in which every human being An individual has the capacity to fulfil his can develop his personality to the fullest www.ijar.org.in 85 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] desires by his efforts and thereby secure primordial source of Dharma declared a happiness for himself, for members of his character of equality in the Vedas. It is family and for fellow human beings. worth quoting. However, no-fulfillment of desires No one is superior (ajyestasa) or inferior ‘causes unhappiness to an individual. He (akanishrasa). can also cause unhappiness to himself All are brothers (ete and to his fellow human beings by his bharataraha). All should strive for the mistakes and misdeeds. The hard fact is interests of ail and should progress that life is a mixture of both of happiness collectively. and sorrow or misery. Oh human beings, all of you should “Dharma” was evolved to secure right to happiness for all without any Live together with mutual co-operation, exception. The idea, that for the food or Converse with each other in a friendly happiness of greater number, manner, unhappiness or misery could be inflicted on a smaller number was never accepted Acquire knowledge having common ideals in Bharateeya culture and civilization. of life. Instead the “right to happiness” of every All your prayer and desires be similar and human being was laid down as an ideal. for common good This was incorporated in the following most ancient prayer. All your get-together be without separatist feeling “Let all be happy, All of you be united in thought, word and Let all be free from diseases, deed. Let all see auspicious things, Lest there oneness in your resolutions, Let no body suffer from grief.” hearts and minds. “Rajadharma”, the constitutional Let the strength to live with law of ancient Bharat emphatically mutual co-operation be firm in you all. declared the right to happiness of all (Rigveda, Mandala 10, Sukha individuals and the duty of the King. 191, Mantra 4) [Ruler] to protect that right. The said verse reads:- Atharvanaveda – Samajnana Sukta
In the happiness of citizens, lies समानी पा सह वो नभागः। the King’s happiness. In their welfare, his welfare; whatever is in the interest of his All have equal rights in articles of food people, the king shall consider as good.” and water. The yake of the chariot of life is placed equally on the shoulders of all. Right to equality is perhaps the All should live together with harmony most valuable right without which supporting one another like the spokes of happiness is impossible. Unjust a wheel of the chariot connecting its rim discrimination always results in misery and hub. and unhappiness to those discriminated against. The Vedas, which constituted the
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It is equally interesting to refer to of the human society. To establish and the contents of article I and article 7 of administer educational institutions is the universal declaration of human considered a religious and charitable rights. They read: object. Education in India has never been a commodity for sale”. (Paraa – 18) All human beings are born free and equal in dignity and rights. They are Again in the case of endowed with reasons and conscience and Unnikrishnan (A.I.R. 1993 S.C. 2178), should act towards one another in a spirit the supreme court referred to the of brotherhood. importance of education as emphasized in the Neethishatakam by bhartruhari and All are equal before law and are entitled held that the right to education is without any discrimination to equal therefore part of the fundamental rights protection of the law. All are entitled to under article 21 of the constitution of equal protection against any India. discrimination in violation of this discrimination and against any The said verse of Bhartruhari incitement to such discrimination. which is referred to in the judgment of the supreme court while coming to the This declaration, made in 1948, is similar conclusion that right to education is a to the declaration of equality made in fundamental right, reads as follows: Rigveda from times immemorial. “Education is special attribute of man Duty of State to give Equal which is latent in him. protection. Education secures wealth, fame and After the establishment of the happiness. state the obligation to protect the right to equality was cast on the rulers. It was Education is the teacher of the teacher. made a part of the rules of Rajadharma, Education is the real friend when one the constitutional law. goes abroad. Just as the mother earth gives equal Education is god incarnate. support to all the living beings, a king should give support to all without any Education is hounoured by the state and discrimination (Manu IX-31). not money/wealth. Mahabharata declared that A man without education is equal to acquisition of knowledge and its animal.” dissemination to the next generation was The real meaning of the verse is one of the four pious obligations of an that as every individual has the right to individual. This aspect was highlighted live as human being and not as an by the supreme court in Mohini Jain’s animal, right to education is a basic case (A.I.R 1992 S.C 1858 at 1866). human right of every individual. Holding that the right to education must be regarded as a fundamental right it Right to practice any Religion said: Whether to believe in the Indian civilization recognizes existence of god or not, is another matter education as one of the pious obligations in respect of which there was absolute www.ijar.org.in 87 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] freedom for every individual. Whatever advancement, the rate of offences against that may be, those who believed in god, women are on the increase every year. had the liberty to believe in any god by Men behave in inhuman against women. any name and to follow any religion of In particular sexual assault against their choice and to adopt any method of women which is most heinous which worship. Though basically every one ruins the whole life of a woman, is among Hindus believed that god is one, indulged in by many men who are on account of the aforesaid liberal nothing but demons in human form. The approach, several names are given to god, law enforcing agencies such as the police according to the desires and choice of and the courts come into the picture only individuals and their need, such as god after a woman suffers an irreparable for protection, goddess of knowledge, injury and consequently they are not goddess of Shakti (Strength), goddess of adequate to protect the rights of women. wealth, god of removal of obstacles, god of Hitopadesha of Narayana is a nature in the form of elements, god in the compilation of code of conduct. In that in form of air, water, earth, light and tree his inimitable style, Narayana lays down etc, as a result, the number of gods the following directive. swelled, but without disturbing the belief that god is one. A person who regards, every woman other that his wife as equal to his own This probable is the mark of mother, who regards wealth, which distinction of Hindus culture and belongs to another as equal to a clod of civilization in the whole world. This earth and who regards every other broad outlook is found expressed in the individual, as his own-self, is an educated following popular verse: man in the real sense of the term. Just as the rain water coming This value appears to have been down to the earth from the sky reaches created and cultivated assiduously as an the same ocean, obeisance to god may be antidote to sexual propensity of man, for, in any name, but the destination is the once the value that every woman is same, by whatever name the god is called. mother is ingrained in the heart of an Special Rights of Women individual, sinful thoughts of committing any offence against woman get destroyed. Undoubtedly the right to equality There can be no doubt that inculcating of and all other human rights are all such a value is greatest safety against applicable to men and women equally. sexual propensity of man. The creation However, the ancient Bharatiya thinkers and maintaining of this value is really the considered that having due regard to the most valuable contribution of Indian special attributes of womanhood, they thinkers to humanity. require special protection, for it is indisputable that women are vulnerable Apart from creating the value of to attack by men with evil propensities. It respect for womanhood, there have been is a matter of common knowledge that special provisions for protecting several offences against women by men has been human rights of women, in view of the a problem throughout human history and disabilities and vulnerability of women to not vice-versa. Even at present, when we attack by men. Rules of dharma created boast of modern civilization and scientific an obligation on the part of the male www.ijar.org.in 88 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] members of a family to afford protection to every woman at every age and stage to References provide further, under Raja Dharma it was the duty of the state to provide Vasishta, p.72-73, Dharmakosha, p.1021 protection to women. The rule of Dharma Manu IX-3 which made it the duty of male members of the family to afford protection to women reads: Father protects the girl during her childhood, the husband protects her after marriage and her sons protect her in old age. At no stage a women should be left free (Manu IX-3) i. Expection to women’s property from law of adverse possession: The provisions of ancient Indian law regarding perfecting title to an immovable property by adverse possession was very strict, but was made inapplicable in respect of property belonging to women, state and temple. No plea of adverse possession is tenable in respect of property belonging to women, state and temple (Katyayana. 330) ii. Death sentence for the Rape of Women in Custody: Capital sentence should be imposed for offence of reape committed against a woman arrested by an officer of the state (Kautilya’s Arthasastra; p.256) iii. Protection to girls carried away by force: If a damsel has been abducted and not given in marriage in accordance with law, she may lawfully be given to another man. She is as chaste as maiden (Vasishta, p.72-73, Dharmakosha, p.1021)
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Violence against Women: Human Rights Violation Dr. N.Rajasekhar Asst. Professor Department of Political Science Adikavi Nannaya University Rajamahendrvaram, E.G.Dt
Abstract: The General Assembly of the United Nations adopted the Universal Declaration of Human Rights in1948. Human rights inherent to all human beings irrespective of their nationality, race, colour, creed, gender, religion, place of birth, language. The United Nations General Assembly declared that “every one is entitled to rights and freedoms without distinction of any kind”. It ensures that every human being fulfils on quality life, equality, dignity, respect and concern. Human rights are those rights are fundamental for the human life. Human rights are right to certain claims and freedoms for all human beings all over the world. These rights, besides being fundamental and universal in character, assumed international dimension. Violence strikes women from all kinds of backgrounds and of all ages. It can happen at work, on the street, or at home. Click on the topics below to learn about different types of violence and ways to stay safe. These are the different types of violence, dating violence, domestic and intimate partner violence, emotional abuse, same gender relationship violence, sexual assault and abuse and human trafficking. Sometimes, women are attacked by strangers, but most often they are hurt by people who are close to them, such as a husband or partner. Keywords; Domestic Violence, Human Trafficking, Harassment, Aggression
Introduction birth, language. The United Nations General Assembly declared that Human rights are important for every “everyone is entitled to rights and individual to lead his life happily, freedoms without distinction of any especially in the relationships that exist kind”. It ensures that every human being between individuals and the government fulfils on quality life, equality, dignity, that has power over them. Human rights respect and concern. limit the power of the state on the individuals. These rights are for Human rights are those rights are everyone. They are internationally fundamental for the human life. Human guaranteed and protected by law. Ex. rights are right to certain claims and Right to Life, Right to Education, Right freedoms for all human beings all over to property and Right to Health Etc., the world. These rights, besides being fundamental and universal in character, In 1948 the General Assembly of the assumed international dimension. United Nations adopted the Universal Declaration of Human Rights. Human In our society women is exploited these rights inherent to all human beings rights by the both individual and the irrespective of their nationality, race, state. In this paper briefly we focused colour, creed, gender, religion, place of how a woman exploited?
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Violence: The UN Declaration on the etc. The following are types of physical Elimination of Violence against women abuse. states that; “violence against women is a Sexual abuse: It means forcing undesired manifestation of historically unequal sexual behaviour by one person upon power relations between men and another. It refers to any action that women” and that “violence against pressures or coerces someone to do women is one of the crucial social something sexually they don’t want to do. mechanisms by which women are forced It can also refer to behaviour that into subordinate position compared with impacts a person’s ability to control their men”. Violence against women can fit sexual activity or the circumstances in into different categories. These include which sexual activity occur, including violence carried out by “individuals” oral sex, rape or restricting access to (rape, domestic violence, sexual birth control and condoms. It refers any harassment, honour killings, dowry behaviour which results in touching of violence, forced marriage Etc.). the sexual or other intimate parts of Violence against women includes varied women for the purpose of sexual forms, such as domestic violence or gratification of the victim. Some violence by intimate partner, honour examples are, unwanted kissing or killings, dowry deaths and torture, rape touching, unwanted rough or violent and sexual assaults, child sexual abuse, sexual activity, rape or attempted rape, sexual harassment etc. Some reasons for threatening someone into unwanted family violence identified by sociologists sexually activity etc., and feminist scholars are unequal Rape: Rape is an extreme form of sexual distribution of power in society leading to abuse. The main thing is here rape and women occupying positions inferior or all forms of sexual abuse, has more to do subordinate to men. with an assertion of male power over State Violence is, some forms of violence women than a matter of men having the re perpetrated or condoned by the state uncontrolled urge for sex. To rape a such as war rape, sexual violence and woman is to “loot”, “destroy”, “defile”, sexual slavery during conflict, forced “shame” the man to whom she belongs. sterilization, forced abortion, violence by But the marital rape (husband had sex the police and authoritative personnel, with his wife against her willing) is not a stoning and flogging. crime in India. Physical Abuse:Physical abuse basically Financial abuse : It is what you can and involves a person using physical force cannot buy or requiring you to share which causes, or could cause, harm. It control of your bank accounts. All your refers any intentional and unwanted financial transactions is under some one’s contact with you or something close to control. your body, Examples are scratching, Spousal sexual abuse: It is a form of punching, biting, slapping, strangling or domestic violence. When the abuse kicking, pulling the hair, throwing involves forced sex, it may constitute rape things, pushing or pulling, using weapon upon the other spouse, depending on the
www.ijar.org.in 91 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] jurisdiction, and may also constitute an Journal of Political Science, Vol. XVI, assault. No.4, October-December, 2005 Spiritual abuse: Activities to destroy an 3. Siddiqui and Ranganathn S., individual’s cultural or religious beliefs “Women and Human Rights Vol. I through ridicule or punishment, and II”, Kanishka Publishers, New forbidding practise of a personal religion Delhi. or forcing women to adhere to religious 4. R.V.R.Chandrasekhar Rao: ‘Human practices that are not their own. Rights for Whom? A perspective on Digital dating abuse: Digital dating abuse Human Rights Discourse in is the use of technologies such as texting Perspectives on Indian Development’ and social networking to bully, harass, stalk or intimidate a partner. Often this behaviour is a form of verbal or emotional abuse perpetrated online. Stalking : It is unwanted or obsessive attention by an individual or group toward another person, often manifested through persistent harassment, intimidation, or following or monitoring of the victim. Conclusion Human rights are important for society to live human rights through its practices, behavior, and attitudes. To live human rights values means to support the opressed, embrace the excluded, advocate for the voiceless, and celebrate the diversity of our community. After above discussed information we have an idea, how the women is suffering. It is the responsibility of the society and the state to aware, enforces and protects the liberties of the women. References 1. “Family Violence in India Human Rights, Issues, Actions and international Comparisons” Edited by Swati Shirwadkar, Rawat Publications Hyderabad 2. Satyaprakash Das, “Human rights; A Gender Perspective”, The Indian
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HUMAN RIGHTS Vs CONSUMER RIGHTS G. Sridhar Lecturer in Mathematics S.V.K.P & Dr. K. S Raju Arts& Science College, Penugonda Abstract: This chapter aims to present the interaction between the consumer acquis and post- socialist legal culture in Poland as exemplified by the rules on unfair terms in consumer contracts. It will focus on resistance towards Directive 93/13/EC among Polish legislators, scholars and judges, attempting to link this resistance to the background elements of the socialist legal tradition still present in Polish legal culture. The chapter will analyse two specific areas of resistance: the general test of unfairness and the abstract review of standard terms.
Key words: post-socialist, resistance, unfairness
Introduction Constitutions (for example in Poland or Lithuania) or are introduced into the text Over the last 20 years, consumer rights of ‘old’ acts (for example in Mexico). It is have increasingly appeared in certain sometimes unclear whether these rules constitutional acts, most often in will play an important role in consumer provisions listing catalogues of protection, or whether they are a mere human/fundamental rights and in EU declaration of the legislator's goodwill, primary law. In this chapter it is words that look impressive but have little discussed whether consumer rights can solid meaning. We take the view that the be classified as human/fundamental ‘truth’ is somewhere in the middle; on rights, and look to the role they play in the one hand it is a kind of declaration, consumer protection. We go on to but on the other it represents the more question the role of constitutional courts general tendency of constituting social in this field and ask whether consumer rights. protection can be achieved by other fundamental/human rights. Finally we With the nomination of European private turn to EU law, pointing out the law as a ‘multi-level system’, including similarities between national and EU private law rules of national and of EU developments in consumer rights, and origin, the image was created that discussing what the national European private law could be regarded constitutional experience means for as a system. In other words, it was establishing the level and means of suggested that the continuous consumer protection in the EU. development of private law instruments by the EU had slowly reached a point Consumer provisions in national where, in its interaction with national constitutions private laws, a new private law system Rules on consumer protection are present had come to emerge. That system, if we in several national Constitutions of consider the existing body of EU law in European and non-European countries. the area of private law, would encompass They usually appear in newly adopted rules as diverse as contract law, company www.ijar.org.in 93 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] law, property law and, prominently at its outwards to independent regulatory core, consumer law. agencies and enforcement authorities; and downwards to individual consumers. Systematic Approach It has been argued that the move to Even though the notion of a multi-level regulatory agencies has produced a system does justice to the fact that EU weakening of the state-qua-central actor private law has grown into an important although at the same time it could be regulatory layer for private transactions seen as a strengthening of public in Europe alongside and in interaction action and effective governance for the with national laws, the degree of people’. Agencies and regulatory ‘systematisation’ must at this point still authorities are thus forming networks of be downplayed, as it must also in self-supporting epistemic communities consumer law. Although consumer law for the sharing of new ideas and best appears to have become one of the most practices. developed and most settled areas of Enforcement of Empowerment European private law, even here significant inconsistencies remain. In Specifically, this chapter discusses the particular, a tension can be observed normative influences that shape between positive harmonisation through individual consumer behaviour and directives and negative harmonisation argues that, while the networks of self- through the four freedoms of the EU supporting epistemic communities Treaty (on which more below, see next provide platforms for section). There is, therefore, a lack of a theoretical application of consumer coherence in the standard of consumer citizenship practice, individual and protection that is applied throughout EU structural barriers limit its practical legislation in the field of consumer law. application. Normative orientations of This has knock-on effects in national consumer citizenship practice are located laws and therefore poses a threat to legal in the enforcement and empowerment certainty. aspects of consumer protection; state, civil society and market sources of There has been a transformation of the consumer information; individual and consumers' role in the EU since the structural aspects of capability; and the 1980s: a transformation that has seen the individualistic and solidaristic aspects of consumer of the internal market evolve motivation. A model hierarchy of these from the feeble agent of market normative orientations is introduced economics requiring rights-based outlining the features or enablers of such protection into the potentially confident, a consumer citizenship practice. A informed and empowered ‘motor of practice that is capable of policy and economic change’. This chapter examines market shaping through the the developing notion of a consumer transactional, post-transactional and citizenship practice associated with this extra-transactional consumer behaviours transformation. It draws attention to the that are developing with the institutional structures for individual and encouragement of the EU institutions but collective agency and reflects movements that are limited by the barriers that in decision-making power away from the challenge the effectiveness of these Member States: upwards to the EU; normative influences. www.ijar.org.in 94 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
For many years, auctions were the The area of EU consumer law is mainly reserve of only a handful of specialists covered by the directives. Each Member present in the auction room but they are State has an obligation to adopt, in its now within the grasp of the general national legal system, all possible public via the television and the internet. measures to ensure that the directives In particular, online auctions have in are fully effective in accordance with the recent years developed exponentially and objectives which they pursue. Member eBay, born in the late 1990s, is now the States may, in the area covered by the largest online auction provider on the directives, adopt or retain stricter globe. The popularity of online auctions provisions which grant a higher degree of for the sale of consumer goods is protection to consumers. The nature and unprecedented and is set to continue in the scope of the obligations imposed on years to come. Yet to this date in Europe the Member States by the EU are usually there is no clear legal regime regulating determined by the content, scope and the activities of businesses using auction characteristics of the directives processes to sell their products to (minimum or maximum harmonisation), consumers. which the Member States are required to transpose with their national legislation. Indeed, Directive 97/7/EC of 20 May 1997 The Member States may also implement on the protection of consumers in respect some of them in some other way. Member of distance contracts (the Distance States are obliged to establish for that Selling Directive, DSD), which offers a purpose a specific legal framework in the right to information and a right to area of consumer protection. The legal withdraw as its main features, excludes position of consumers under national law ‘contracts concluded at an auction’ from must be suitably precise and clear. Given its scope. A literal and hasty that consumers are of various interpretation of the DSD and in nationalities (especially in cross-border particular of its Article 3(1) could transactions) and are normally therefore lead to the conclusion that the unfamiliar with the principles of legal DSD does not apply to online auctions orders other than that of their own organised on eBay and similar sites. country, it is important that the Indeed, Article 3(1) DSD does not define individuals affected are, for reasons of ‘auctions’ and this lack of definition has legal certainty, aware of all their rights undeniably been a contributing factor to and be able to assert them before the the discrepancies between Member national courts. However as the ECJ held States' implementation of the directive. in several of its rulings: In 2004 the European Union accepted ten The transposition of a directive into new countries, which on 1 May became domestic law does not necessarily require full members of the ‘European family’. that its provisions be incorporated For most of the countries this meant a formally and verbatim in express and complete change in their national legal specific legislation. Thus, the existence of systems because the Member States had general principles of constitutional or to introduce new legal measures in order administrative law may render to establish a European market along implementation by specific legislation with a competitive environment. superfluous. Depending on the content of
www.ijar.org.in 95 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] the directive, a general legal context may Directive. The issues explored by the suffice provided that it effectively contributors to this volume are even guarantees the full application of the more relevant and important today given, directive in a sufficiently clear and for example, the revisions to the proposed precise manner. Should the directive be Consumer Rights Directive, the intended to create rights for individuals, Commission's appointment of an Expert the persons concerned must also be in a Group on a Common Frame of Reference position to know the full extent of their in the area of European contract law, and rights in order that they may, if the Commission's 2010 Green Paper on necessary, rely on them before the policy options for progress towards a national courts. European Contract Law for consumers and businesses. Implementation of the provisions Conclusion It will be argued that the general test of unfairness has been implemented in Norbert Reich provocatively set the scene Poland in a way which departs from the for our analysis with his critique of the directive – ‘good faith’ was substituted by ‘new approach’ to targeted, ‘full’ ‘good customs’ and ‘significant harmonisation in EU consumer imbalance’ was substituted by a ‘gross protection, initiatives aimed at violation of interests’ of the consumer. It preventing Member States from will be submitted that the implementing maintaining or adopting more protective provisions are actually more lenient provisions of consumer law in the towards the trader than the directive harmonised field. While seeking to requires. The interpretation of the remedy the fragmentation of consumer implementing provisions within protection attributed to minimum scholarship and case law is very often harmonisation, this approach is detached from the text of the directive contradicted by the principle of ‘home and leads to conclusions hard to reconcile country’ protection otherwise adopted with the intent of the Community under the new Regulation 593/2008 legislator. Judges and scholars tend to (Rome I). Reich argues that the ‘new assimilate the ‘good customs’ clause with approach’ is inappropriate for promoting the socialist general clause of ‘principles consumer confidence, threatening of social coexistence’, still present within unpredictable legal fragmentation in the the Polish Civil Code, rather than patchwork of national private law exploring the meaning of ‘good faith’ in systems, downgrading the importance of the directive. consumer protection and failing to respect the principle of proportionality in This volume has analysed European EU law-making. As a compromise Reich consumer protection law in its theoretical advocates a strategy of ‘half and practical dimensions: an analysis set harmonisation’: allowing full in the broader context of consolidation harmonisation for imperative reasons and codification initiatives relating to the internal market, yet exemplified inter alia in the review of the otherwise respecting minimum consumer acquis, the publication of the harmonisation, in particular where Draft Common Frame of Reference and constitutional traditions need to be the proposal for an EU Consumer Rights respected in line with the principles of www.ijar.org.in 96 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] proportionality and subsidiarity. Reich is critical of Commissioner Reding's proposal to limit full harmonisation to online transactions, but welcomes any softening of the ‘new approach’ that this may represent, a development which may allow a broader role for the optional instrument (blue button) in cross-border transactions. References 1. "West Encyclopedia of American Law. Consumer. Answers.com. n.d.. Retrieved on January 31, 2010" 2. V. Balakrishna Eradi, "Consumer Protection and National Consumer Disputes Redress Commission". New Delhi: National Consumer Disputes Redress Commission. Accessed 25 June 2013. 3. Taiwan Consumer Protection Law,[1], citing Laws & Regulations Database of the Republic of China, 4. Carol T. Juang, "The Taiwan Consumer Protection Law: Attempt to Protect Consumers Proves Ineffective" Pacific Rim Law & Policy Association, 1997.
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World Programme for Human Rights Education
T.S.Rajendra Kumar, M.Sc,M.phil Lecturer in Chemistry, S.N.S.R. Degree College VELGODE, Kurnool Dt AP-518533 Abstract
Human rights education is a lifelong process that builds knowledge and skills, as well as attitudes and behaviours, to promote and uphold human rights. This definition guides the World Programme for Human Rights Education, a global initiative of the United Nations which, since 2005, has encouraged concrete measures to integrate human rights education in all sectors. Human rights education contributes to protecting the dignity of all human beings and to building societies where human rights are valued and respected. Human rights education can be defined as any learning, education, trainingand information efforts aimed at building a universal culture of human rights, including: (a)The strengthening of respect for human rights and fundamental freedoms; (b) The full development of the human personality and the sense of its dignity;(c) The promotion of understanding, tolerance, gender equality and friendship among all nations, indigenous peoples and minorities; d) The enabling of all persons to participate effectively in a free and democratic society governed by the rule of law; e) The building and maintenance of peace and (f) The promotion of people- centred sustainable development and social justice.
Key Words: Coordination mechanism, National Implementation Learning Environment.
activities should convey fundamental human rights principles, such as equality What is human rights education? and non-discrimination, while affirming their interdependence, indivisibility and Human rights education can be universality. At the same time, activities defined as education, training and should be practical—relating human informationaimed at building a universal rights to learners’ real-life experience and culture of human rights. Effective human enabling them to build on human rights rights education not only provides principles found in their own cultural knowledge about human rights and the context. Through such activities, learners mechanisms that protect them, but also are empowered to identify and address develops the skills needed to promote, their human rights needs and to seek defend and apply human rights in daily solutions consistent with human rights life. Human rights education also fosters standards. Moreover, for those who have the attitudes and behaviours needed to the responsibility for respecting, uphold human rights for all members of protecting and fulfilling the rights of society. Human rights education others, human rights education develops www.ijar.org.in 98 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] their capacity to do so. Both what is military. The plan of action for the learned and the way in which it is learned second phase (2010–2014) of the should reflect human rights values, WorldProgramme, which benefited from encourage participation and foster a the input and review of governmental learning environment free from want and andnon-governmental experts and fear. practitioners, proposes a concrete strategyand practical ideas for World Programme for Human Rights implementing human rights education in Education the above-mentioned areas at the On 10 December 2004, the General national level. Its key elements are Assembly of the United Nations highlighted below. Human proclaimed the World Programme for rights education in higher education Human Rights Education (2005–ongoing) Higher education is all education taking to advance the implementation of human place at the post-secondary level rights education programmes in all inuniversities or other establishments sectors. Building on the foundations laid approved by the State authorities, during the United Nations Decade for includinginstitutions for the training and Human Rights Education (1995–2004), certification of professionals such as the World Programme, which has been teachers,social workers, medical and legal complemented by a new specific personnel.In this context, human rights standard-setting effort, namely the education promotes a holistic, rights- development of the United Nations basedapproach to education that includes Declaration on Human Rights Education both “human rights through and Training, reflects the international education,”ensuring that all the community’s increasing recognition that components and processes of education— human rights education can produce far- includingcurricula, materials, methods reaching results. By promoting respect and training—are conducive to the for human dignity and equality and learning ofhuman rights, and “human participation in democratic decision- rights in education,” ensuring that the making, human rights education human rightsof all members of the contributes to the long-term prevention education community are respected.The of abuses and violent conflicts. To help effective integration of this approach in make human rights a reality in every higher education requires actionin at community, the World Programme seeks least the following five areas: to promote a common understanding of the basic principles and methodologies of 1. Policies and related implementation human rights education, to provide a measures. concrete framework for action, and to Higher educational policies—legislation, strengthen partnerships and cooperation plans of action, curricula, training from the international level down to the policiesand so on—should explicitly grass roots. promote human rights education and A plan of action for human rights infusehuman rights throughout the education in higher education and for higher education system. Policies are to human rights training for civil servants, bedeveloped in a participatory manner in law enforcement officials and the cooperation with all stakeholders
www.ijar.org.in 99 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] andfulfil a country’s international human rights education promotes obligations to provide and promote the thedaily practice of human rights by right toquality education. To be effective, fostering mutual understanding, respect policies need a consistent andresponsibility. Explicit and shared implementationstrategy, including the policy statements protect the human allocation of adequate resources and the rightsof all actors. Teaching personnel setting-up ofcoordination mechanisms to have a mandate to pursue human ensure coherence, monitoring and rightseducation, and students can express accountability. their views freely, participate in academiclife and have extensive 2.Teaching and learning processes and opportunities for interacting with the tools.Introducing orimproving human wider community. rights education requires a holistic approach to teachingand learning that reflects human rights values. Human 5. Education and professional rights are infused asa cross-cutting issue development of higher educationteaching into all disciplines, and specific human personnel. For higher education rights coursesand programmes—in institutions to serve as a modelohuman particular, multidisciplinary and rights learning and practice, all teaching interdisciplinaryhuman rights personnel and other staffneed to be able programmes—are introduced. Practices to both transmit and model human rights and methodologies are5democratic and values. Educationand professional participatory. Materials and textbooks development must foster educators’ promote human rightsvalues. Relevant knowledge about,commitment to and support and resources are in place. motivation for human rights. Furthermore, as rights- 3. Research. Higher education holdersthemselves, teaching personnel institutions develop new knowledge need to work and learn in a context of andadvance critical reflection in the area respectfor their dignity and rights. of human rights, which in turn informpolicies and practices in human Human rights training for civil servants, rights and in human rights education. law enforcement officials and the Through an assessment of existing military: experiences and comparative studies, United Nations instruments provide research cansupport the identification detailed guidance to civil servants, law and dissemination of good practices as enforcement officials and the military— well as thedevelopment of innovative who have a specific responsibility, as methodologies and tools based on those State actors, for respecting, protecting practices;research can also guide lesson- and fulfilling the human rights of those learning and evaluation exercises. under their jurisdiction—on the Researchcan be furthered through performance of their duties. General exchanges, scholarships and fellowships. strategies to promote human rights
training for these professional groups 4. The learning environment. Academic effectively require action in at least the freedom informs the environmentof following areas: higher education institutions, where
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1. Training policies and other related training in the training of professionals policies. Training policies provide that requires a comprehensive strategy which human rights training is mandatory for builds on the national context, priorities professional qualification and promotion, and capacity. This plan of action proposes and specialized training is required for four steps for the national process of officials dealing with particularly planning, implementing and evaluating vulnerable groups. Human rights human rights education in higher training is integrated into pre-service and education and in the training of civil in-service training curricula. It is servants, law enforcement officials and delivered by specialized staff, and a the military: mechanism for evaluation and impact assessment is in place. As training is not an isolated effort but rather part of an Step 1: Analysis of the current situation overall capacity-building strategy, all of human rights education in the above- policies and regulations concerning the mentioned areas: This first step calls for profession are reviewed to make sure that a national study on the current situation, they are not inconsistent with human which would cover existing policies and rights standards but rather promote the practices, resources and tools, the profession’s contribution to human historical and cultural context as well as rights. the actors involved. With wide dissemination and discussion, this 2. Training processes and tools. Training document can serve as a basis for content is relevant to the audience and developing a national implementation . reflects its role and responsibilities, the institutional and organizational culture, Step 2: Setting priorities and developing and specific applicable standards. a national implementation strategy: Training methodologies and practices are practical; participatory and sensitizing The strategy addresses all the areas techniques are used, and training builds mentioned in the plan of action for on peer learning and professional self- therespective target audiences (e.g. esteem. Training materials and textbooks policies, teaching and learning promote human rights values. processesand tools, the learning 3. The learning and working environment) and focuses on actions that environment. Policy statements such as can have asustainable impact. It sets codes of conduct and professional ethics realistic objectives and priorities, and promote the profession’s contribution to anticipates atleast some implementation human rights and incorporate human during 2010–2014.Step 3: Implementing rights with regard to all areas of work; and monitoring. Once developed, the good practices are promoted, recognized national implementation strategy is and rewarded; and interaction and widely disseminatedand put into practice, collaboration with the wider community andits progress is monitored using fixed are enhanced. milestones. A concrete strategy for national action Step 4: Evaluating. Infusing human rights education in Self-evaluation and independent higher education and human rights evaluation of the national www.ijar.org.in 101 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] implementationstrategy enable learning governmental organizations, and so on. for the future. Evaluation results are recorded in areport with the What are the coordination mechanisms? recommendations for future action based on lessons learned. At the national level, States should Who should be involved? identify a relevant department as a focal
point for coordinating the development, With regard to human implementation, monitoring and rights education in higher education, the evaluation of the national main responsibility for implementation implementation strategy. This rests with ministries (or equivalent department should engage with the institutions) of education or of higher relevant units, ministries and other education, working in cooperation with national actors. It should also cooperate other parts of the Government, as well as with the national agencies responsible for higher education institutions and drawing up country reports to the United relevant training colleges. Other key Nations human rights mechanisms actors are teaching personnel and (treaty bodies, special procedures and the students’ unions and associations, universal periodic review) to ensure that education and human rights research and progress in human rights education training institutions and resource under the plan of action is included in centres, relevant parliamentary those reports. Finally, it will liaise with committees, national human rights the Office of the United Nations institutions, non-governmental HighCommissioner for Human Rights organizations, and so on. (OHCHR), which coordinates the With regard to human rights training for secondphase of the World Programme in civil servants, law enforcement officials cooperation with relevant entities of the and the military, the main responsibility United Nations system (in particular the for implementation rests with ministries United Nations Educational, Scientific (or equivalent institutions) concerned by and Cultural Organization (UNESCO) the functions covered by those with regard to higher education), and professional groups—for instance, share information on national progress. depending on the country, these may be the ministry of public administration, of At the conclusion of the second phase, in the interior, of justice or defence— early 2015, each country will evaluate its working in cooperation with other parts actions and submit a final national of the Government, as well as local evaluation report to OHCHR. On the government. Other key actors are basis of these reports, OHCHR will professional training colleges, unions and prepare a final report for the Human associations of civil servants and law Rights Council in 2015. enforcement officials, relevant parliamentary committees, What kind of support is available for municipalities, human rights training national implementation? institutions and resource centres, national human rights institutions, non-
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The development of a national Practice. Warsaw, Poland: OSCE implementation strategy and the Office for Democratic implementationof related activities by Institutions and Human Rights Member States can be supported by (ODIHR), 2009. PDF." international cooperation from the 4. Welch, Claude E. Protecting United Nations system and other Human Rights in Africa: Roles international and regional and Strategies of Non- intergovernmental organizations; governmental Organizations. professional networks and associations; Philadelphia: University of human rights resource, training and Pennsylvania, 1995. PDF." documentation centres; non- governmental organizations and financial institutions. The close collaboration of these actors is indispensable to maximize resources, avoid duplication and ensure coherence. These entities may assist in a variety of ways, for instance, by: • Supporting States in the development, . implementation and monitoring of the national implementation strategy and of related activities; • Facilitating information-sharing at all levels, including through the identification, collection and dissemination of good practices as well as information about available materials, institutions and programmes . • Encouraging the development of human rights education networks; • Supporting training and research. References 1. Murphy, Ruane (2003) "Human Rights Education is becoming an essential ingredient to all societies in the world in order to encourage respect and tolerance to those around us and build good citizens for the future." 2. "Human Rights Education". Amnesty International. 3. Human Rights Education in the School Systems of Europe, Central Asia, and North America: a Compendium of Good www.ijar.org.in 103 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Human rights in India
Dr. K. Venkateswarlu Lecturer in History S.N.S.R. Degree College, VELGODE. Kurnool Dist., A.P Abstract
Human rights in India is an issue complicated by the country's large size, its tremendous diversity, its status as a developing country and a sovereign, secular, democratic republic. The Constitution of India provides for Fundamental rights, which include freedom of religion. Clauses also provide for freedom of speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. The country also has an independent judiciary and well as bodies to look into issues of human rights.
Key words: Muslim and Christian minorities, sovereign, secular, democratic republic
Introduction yet to repeal laws that grant public officials and security forces immunity Human rights in India is an issue from prosecution for abuses. complicated by the country's large size, its tremendous diversity, its status as a Chronology of events regarding human developing country and a sovereign, rights in India secular, democratic republic. The Constitution of India provides for The practice of sati was formally Fundamental rights, which include abolished by Governor General freedom of religion. Clauses also provide William Bentick after years of for freedom of speech, as well as campaigning by Hindu reform movements such as the Brahmo separation of executive and judiciary and 1829 freedom of movement within the country Samaj of Ram Mohan Roy against and abroad. The country also has an this orthodox Hindu funeral independent judiciary and well as bodies custom of self-immolation of to look into issues of human rights. widows after the death of their husbands. The 2016 report of Human Rights Watch accepts the above mentioned Child Marriage Restraint Act, faculties but goes to state that India has 1929 prohibiting marriage of minors "serious human rights concerns. Civil under 14 years of age is passed. society groups face harassment and government critics face intimidation and India achieves political lawsuits. Free speech has come under 1947 independence from the British attack both from the state and by interest Raj. groups. Muslim and Christian minorities The Constitution of India accuse authorities of not doing enough to 1950 establishes a sovereign democratic protect their rights. The government is www.ijar.org.in 104 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
republic with universal adult in Punjab by the police franchise. Part 3 of the Constitution contains a Bill of The Shah Bano case, where the Fundamental Rights enforceable Supreme Court recognised the by the Supreme Court and the Muslim woman's right to High Courts. It also provides for maintenance upon divorce, sparks reservations for previously 1985- protests from Muslim clergy. To disadvantaged sections in 86 nullify the decision of the education, employment and Supreme Court, the Rajiv Gandhi political representation. government enacted The Muslim Women (Protection of Rights on Criminal Tribes Acts repealed by Divorce) Act 1986 government, former "criminal Hashimpura massacre during 1952 tribes" categorized as "denotified" 1987 and Habitual Offenders Act communal riots in Meerut. (1952) enacted. Scheduled Caste and Scheduled Reform of family law concerning 1989 Tribe (Prevention of Atrocities) 1955 Hindus gives more rights to Act, 1989 is passed. Hindu women. Kashmiri insurgency sees ethnic cleansing of Kashmiri Pandits, Armed Forces (Special Powers) 1989– 1958 desecrating Hindu temples, killing Act, 1958 presen of Hindus and Sikhs, and t Supreme Court of India rules in abductions of foreign tourists and Kesavananda Bharati case that government functionaries. the basic structure of the 1973 Constitution (including many A constitutional amendment fundamental rights) is unalterable establishes Local Self- by a constitutional amendment. Government (Panchayati Raj) as a third tier of governance at the 1975- State of Emergency in India exten 1992 village level, with one-third of the 77 sive rights violations take place. seats reserved for women. Reservations were provided for SC rules in Menaka Gandhi v. scheduled castes and tribes as Union of India that the right to well. 1978 life under Article 21 of the Constitution cannot be suspended Babri Masjid demolished by even in an emergency. 1992 Hindu mobs, resulting in riots across the country. Jammu and Kashmir Public 1978 Safety Act, 1978 National Human Rights Commission is established under Operation Blue Star and the 1993 1984 the Protection of Human Rights subsequent 1984 Anti-Sikh riots Act. 1984 2006 Extrajudicial disappearances 2001 Supreme Court passes extensive orders to implement the right to www.ijar.org.in 105 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
food. space, or water have been documented in West Bengal as well. 2002 Gujarat riots which claimed 2002 several thousand lives of Indian Sexual violence Muslims. India is home to the largest number of sexually abused children in A powerful Right to Information the world. About 53% of children have Act is passed to give citizen's 2005 been subjected to some form of sexual access to information held by [ abuse. In 2012, India introduced the public authorities. Protection of Children from Sexual National Rural Employment Offences Act (POCSO) to deal with cases Guarantee Act (NREGA) of child sexual abuse. However, it took 2005 guarantees universal right to two years to record the first cases under employment. the law and there are huge gaps in its implementation with the conviction rate Disappearance of Jaswant Singh under the act being only 2.4%.[ It is Khalra by the Punjab Police argued that the prevalence is driven by 2005 (Khalra brought to light the reluctance to expose relatives, who are extrajudicial disappearances in often the abusers. As a result, more than Punjab) 50% of adults who were abused surveyed wanted the matter to stay within the Delhi High Court declares that family and only 17% wanted harsh Section 377 of the Indian Penal punishments for offenders. Code, which outlaws a range of Forced Labor unspecified "unnatural" sex acts, is unconstitutional when applied India has the highest number of 2009 to homosexual acts between people living in conditions of slavery, 18.3 private consenting individuals, million, three times more than the next effectively decriminalising highest nation. homosexual relationships in Debt Bondage India. See also: Homosexuality in India. Most of those in India living in slavery are in bonded labour, where a Use of torture by police person pledges himself or herself against The Asian Centre for Human a loan. Debt bondage can be passed on Rights estimated that from 2002 to 2008, from generation to generation, with over four people per day died while in children required to pay off their parents' police custody, with "hundreds" of those debt. deaths being due to police use of torture. Child labor According to a report written by the Institute of Correctional Administration India has the largest number of in Punjab, up to 50% of police officers in child labourers under the age of 14 in the the country have used physical or mental world with an estimated 12.6 million abuse on prisoners. Instances of torture, children engaged in hazardous such as through a lack of sanitation, occupations.
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Human trafficking conflagration, 59 people, including 25 women and 25 children, were burned to Human trafficking is a $8 million death. illegal business in India. Around 10,000 Nepali women are brought to India The 2002 Gujarat violence —in annually for commercial sexual the latter, more than 100 Muslims[27] exploitation. Each year 20,000–25,000 were killed, 2,500 people were injured women and children are trafficked from non-fatally, and 223 more were reported Bangladesh. missing. Other sources estimate that up to 2,000 Muslims died.[28] There were Religious violence instances of rape, children being burned Communal conflicts between alive, and widespread looting and religious groups (mostly between Hindus destruction of property. The Chief and Muslims) have been prevalent in Minister at that time, Narendra Modi, India since around the time of its has been accused of initiating and independence from British Rule. Among condoning the violence, as have police the oldest incidences of communal and government officials who allegedly violence in India was the Moplah directed the rioters and gave lists of rebellion, when Militant Islamists Muslim-owned properties to them. The massacred Hindus in Kerala. Communal reason for the attack considered by some riots took place during the partition of a Muslim mob attack on a train full of India between Hindus/Sikhs and Muslims Hindu pilgrims in the Godhra Train where large numbers of people were Burning, where 58 Hindus were killed.[29] killed in large-scale violence. Some commentators, however, hold the view that the attacks had been planned, The 1984 Anti-Sikh Riots was a were well orchestrated, and that the four-day period during which Sikhs were attack on the train was a "staged trigger" massacred by members of the secular- for what was actually premeditated centrist Congress Party of India; some violence. estimates state that more than 2,000 were killed. Other incidents include the Lesser incidents plague many 1987 Hashimpura massacre during towns and villages; representative was communal riots in Meerut, 1992 Bombay the killing of five people in Mau, Uttar Riots. Pradesh during Hindu-Muslim rioting, which was triggered by the proposed 2002 Gujarat riots celebration of a Hindu festival. Other On the morning of 27 February such communal incidents include the 2002, the Sabarmati Express, returning 2002 Marad massacre, which was carried from Ayodhya to Ahmedabad, was out by the militant Islamist group stopped near the Godhra railway station. National Development Front, as well as Several of the passengers were Hindu communal riots in Tamil Nadu executed prilgrims, returning from Ayodhya after by the Islamist Tamil Nadu Muslim a religious ceremony at the site of the Munnetra Kazagham against Hindus. demolished Babri Masjid. Under Caste related issues controversial circumstances, four coaches of the train caught on fire, trapping many According to a report by Human people inside. In the resulting Rights Watch, "Dalits and indigenous www.ijar.org.in 107 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] peoples (known as Scheduled Tribes or reservations which would elevated their adivasis) continue to face discrimination, economic and social status. exclusion, and acts of communal violence. Freedom of expression Laws and policies adopted by the Indian government provide a strong basis for According to the estimates of protection, but are not being faithfully Reporters Without Borders, India ranks implemented by local authorities." The 122nd worldwide in 2010 on the press UN stated in 2011 that the caste system freedom index (down from 105th in of India will be declared a human rights 2009). The press freedom index for India abuse. The UN's Human Rights Council, is 38.75 in 2010 (29.33 for 2009) on a meeting in Geneva, is expected to ratify scale that runs from 0 (most free) to 105 draft principles which recognises the (least free). In 2014 India was down scale of persecution suffered by 65 million ranked to 140th worldwide (score of 40.34 'untouchables' or 'Dalits' who carry out out of 105) but despite this remains one the most menial and degrading work. of the best scores in the region. Amnesty International says "it is the The Indian Constitution, while responsibility of the Indian government not mentioning the word "press", provides to fully enact and apply its legal for "the right to freedom of speech and provisions against discrimination on the expression" (Article 19(1) a). However basis of caste and descent. this right is subject to restrictions under Denotified tribes of India, along subclause (2), whereby this freedom can with many nomadic tribes collectively 60 be restricted for reasons of "sovereignty million in population, continue to face and integrity of India, the security of the social stigma and economic hardships, State, friendly relations with foreign despite the fact Criminal Tribes Act 1871, States, public order, preserving decency, was repealed by the government in 1952 preserving morality, in relation to and replaced by Habitual Offenders Act contempt of court, defamation, or (HOA) (1952), as effectively it only incitement to an offence". Laws such as created a new list out of the old list of so- the Official Secrets Act and Prevention of called "criminal tribes. These tribes even Terrorism Act (POTA) have been used to today face the consequences of the limit press freedom. Under POTA, person 'Prevention of Anti-Social Activity Act' could be detained for up to six months (PASA), which only adds to their before the police were required to bring everyday struggle for existence as most of charges on allegations for terrorism- them live below poverty line. National related offenses. POTA was repealed in Human Rights Commission and UN's 2004, but was replaced by amendments to anti-discrimination body Committee on UAPA. The Official Secrets Act 1923 is the Elimination of Racial Discrimination abolished after right to information act (CERD) have asked the government to 2005 repeal this law as well, as these former For the first half-century of "criminalised" tribes continue to suffer independence, media control by the state oppression and social ostracization at was the major constraint on press large and many have been denied SC, ST freedom. Indira Gandhi famously stated or OBC status, denying them access to in 1975 that All India Radio is "a Government organ, it is going to remain www.ijar.org.in 108 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] a Government organ..." With the complex in Amritsar—the center of Sikh liberalisation starting in the 1990s, religious and spiritual life, where some private control of media has burgeoned, militant groups had retreated. The leading to increasing independence and Operation was controversial and resulted greater scrutiny of government. in death of hundreds of civilians, Organisations like Tehelka and NDTV militants and soldiers. After Sikh have been particularly influential, e.g. in bodyguards assassinated Prime Minister bringing about the resignation of Indira Gandhi, further violence ensued. powerful Haryana minister Venod The aftermath of these events Sharma. In addition, laws like Prasar were felt for more than a decade. Bharati act passed in recent years According to a Human Rights Watch contribute significantly to reducing the report, state security forces adopted control of the press by the government. “increasingly brutal methods to stem the LGBT rights insurgency, including arbitrary arrests, torture, prolonged detention without Until the Delhi High Court trial, disappearances and summary decriminalised consensual private sexual killings of civilians and suspected acts between consenting adults on 2 July militants”. Militant organizations 2009, homosexuality was considered responded with increased violence aimed criminal as per interpretations of the at civilians, state security forces, and ambiguous Section 377 of the 150-year- Sikh political leaders deemed to be old Indian Penal Code (IPC), a law passed negotiating with the government. by the colonial British authorities. However, this law was very rarely Jammu and Kashmir enforced. In its ruling decriminalising homosexuality, the Delhi High Court noted that existed law conflicted with the fundamental rights guaranteed by the Constitution of India, and such criminalising is violative of Articles 21, 14 and 15 of the Constitution. On 11 December 2013, homosexuality was again criminalized by a Supreme Court ruling. By state Punjab A soldier guards the roadside From 1984 to 1994, the state of checkpoint outside Srinagar Punjab in northern India was engaged in International Airport in January 2006. a power struggle between the militant secessionist Khalistan movement and Several international agencies Indian security forces. The Indian and the UN have reported human rights government responded to the escalating violations in Indian-administered Punjab insurgency by launching Kashmir. In a press release the OHCHR Operation Blue Star in 1984, storming spokesmen stated "The Office of the High the Harmandir Sahib, or Golden Temple Commissioner for Human Rights is
www.ijar.org.in 109 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] concerned about the recent violent army is only deployed when national protests in Indian-administered Kashmir security is at serious risk from armed that have reportedly led to civilian combatants. Such circumstances, they casualties as well as restrictions to the say, call for extraordinary measures." right to freedom of assembly and Human rights organisations have also expression.". A 1996 Human Rights asked Indian government to repeal[6] the Watch report accuses the Indian military Public Safety Act, since "a detainee may and Indian-government backed be held in administrative detention for a paramilitaries of "committ[ing] serious maximum of two years without a court and widespread human rights violations order.". One 2008 report determined that in Kashmir." One such alleged massacre Indian Administered Kashmir, was occurred on 6 January 1993 in the town 'partly Free', of Sopore. The Human Rights Watch also Other Human Rights Violations wrote of other regular human rights abuses being committed by the Indian Conflicts such as Anti-Bihari forces including "using rape as a means to sentiment have sometimes escalated to punish and humiliate communities". violence between communal groups, TIME Magazine described the incident as despite government and police efforts to such: "In retaliation for the killing of one mediate the situation. soldier, paramilitary forces rampaged Invasive methods like through Sopore's market setting 'narcoanalysis' (controlled anaesthesia), buildings ablaze and shooting bystanders. Brain mapping, and lie detector tests The Indian government pronounced the were once commonly permitted by Indian event 'unfortunate' and claimed that an courts for crime investigation. Even ammunition dump had been hit by though according to Indian constitution gunfire, setting off fires that killed most "nobody may be made a witness against of the victims." In addition to this, there himself". have been claims of disappearances by the police or the army in Kashmir by Concerns regarding human rights several human rights organisations. violations in conducting deception detection tests (DDT)s were raised long Many human rights organisations back and the National Human Rights such as Amnesty International and the Commission of India had published Human Rights Watch (HRW) have Guidelines in 2000 for the condemned human rights abuses in Administration of Polygraph tests. Kashmir by Indians such as "extra- However, only few of the investigating judicial executions", "disappearances", agencies were seen to follow these and torture; the "Armed Forces Special guidelines. Powers Act", (AFSPA) which "provides impunity for human rights abuses and However, on May 5, 2010 the fuels cycles of violence. The AFSPA Supreme Court in India (Smt. Selvi vs. grants the military wide powers of arrest, State of Karnataka) declared brain the right to shoot to kill, and to occupy or mapping, lie detector tests and destroy property in counterinsurgency narcoanalysis to be unconstitutional, operations. Indian officials claim that violating Article 20 (3) of Fundamental troops need such powers because the Rights. These techniques cannot be
www.ijar.org.in 110 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] conducted forcefully on any individual English common law and equitable and requires consent for the same. When principles since the beginning of the they are conducted with consent, the British imperialist regime. It is now material so obtained is regarded as called Anglo-Muammadan law. Although evidence during trial of cases according to Islamic law is sacred, due to modern Section 27 of the Evidence Act. political and social developments sacred interpretation of classic Islamic law’s in Inadequate investigation and India have changed in response to hasty rulings by courts have caused some societal requirements. wrongful convictions of innocent people causing them to languish in jail for many The Constitution of India years. For instance, the Bombay high outlines the Fundamental rights in India court in September 2009 asked the to equality under Article 14. Article 15 Maharashtra government to pay ₹ covers freedom from discrimination 100,000 as compensation to a 40-year-old which includes that of gender equality. man who languished in prison for over 10 However, Article 25 justifies the freedom years for a crime he didn't commit. of religion which safeguards the religious rights of Muslim communities, in turn Muslim Woman’s Rights in India Muslim Personal Law, which is One of the vital concerns in India discriminatory between Muslim men and is the non-discrimination between woman. The continuance of genders. Muslim Woman in India are one discrimination within Muslim personal of the major groups deprived of their law contravenes that set out in India’s equality within the Human rights constitution, notably articles 14 and 15. framework. Their hardship has derived Personal law and inequality from cultural and religious reasons. This includes being negatively stereotyped Even though there is formal within religion, incorporating both recognition of rights within the Muslim and even Judaic-Christian constitution, Muslim women experience beliefs. This also includes male gender in-equalities in practice within the interpretations of the Quran. Where the sphere of personal law. Personal law functions of a woman concerning family enables the continuing practice of giving matters are seen as less than half, a lower status to Muslim women in India. according to hijab, then that of their male Which raises the need for legal reform. counterparts. This is hard to achieve because often uniformity of family laws are often Brief history of Muslim Law in India upheld by staunch supporters of religious Muslim law in South Asia is traditions, who will ensure that all efforts different from Islamic law of Sharia. to keep traditional Muslim practices Shariat law (shari’a or fiqh) law is seen within the conformity of Islamic ideals. as a body of religious rules that are set The courts will also favor to not let out to manage the lives, in all aspects, of constitutional rights intrude in personal every Muslim. However, in India there law. In the High Court case Harvinder are only are few of these laws that are Kaur v. Harmander Singh Choudhary, it enforced. This is due to India’s laws was rejected that personal law was having been modified by traditional discriminatory towards Gender
www.ijar.org.in 111 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] inequality in India and stated that the that the Human Rights framework “…introduction of Constitutional law towards multiculturalism should be a into the home is most inappropriate”. remedy when addressing clearly biased Essentially depriving all woman in India provisions and practices towards Muslim the fundamental rights within the women in Islamic legal community. constitution. Personal law discrimination Muslim woman and Education was on the other hand was positively recognized in the case of Amina, here the Muslim women are often court noted that Muslim personal law is discriminated against due to their lower discriminatory towards Muslim women, achievements within the sphere of and as such is unconstitutional. education, employment and their general economic position. This is because Islamic law does however provide traditionally Muslim woman are for certain rights. One example can be discriminately excluded from seen within a matrimonial deed, or participating within the public and Nikahnama. A Nikahnama can cover private sector. certain rights which pertain to polygamy and the woman’s right to enforce a divorce proceeding. This could even Conclusion include shares in property rights. Muslim law for financial support due to Any education to be effective divorcement has been codified In the needs to be contextualized too. Thus it is Muslim Women’s (Protection of Rights not enough to teach abstract principles of on Divorce) Act 1986 Nevertheless, these human rights taken from United rights remain minimal. For example, the Nations’ documents or our Constitutions. divorced wife can only receive three Our historical context as nation as well as months of financial support. Also the local contexts need to be reflected in husband of the divorced wife only has to human rights education. pay child support for 3 months if that Thecontextualizing of human rights is child is born within the three-month essential for nurturing of peace. Creative period, but if they had a child before that reflections on local situations from a then the husband is not obligated to pay human rights perspective would help the any support. Woman’s rights in these schools greatly, to become the societies’ matters are often not practiced due to most important peace makers. Some say Muslim women’s lack of education that we Indians should have less rights toward their rights within the Islamic than people living in Western countries. community. Also Muslim woman in India They say, the human rights concepts are are not protected when it comes to Western. Only people who have all the monogamous marriages, but Muslim men rights could say this to people who have are, protected under the Indian Penal much less rights. We keep masses of Code. humanity without rights and condemn the growing The Human Rights Commission (HRC) under the International Covenant consciousness of rights as a Western one. on Civil and Political Rights (ICPPR) This would mean that to be Indian one highlighted religious based personal laws has to put up with one’s bondage, one In India’s report in 1997 It was informed must remain submissive, one must eat www.ijar.org.in 112 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] less and work more. Is that what our National Campaign for People's Right women, and our children need to believe. to Information (NCPRI) Is that what our workers and peasants Police Reforms ordered by Supreme need to believe while multinational Court[dead link] companies with the help of our elite take away the fruit of their labours, and the Mitta, Manoj; Singh, Smriti (3 July fruit of our lands. The relativist theory, 2009). "India decriminalises gay sex". The though couched in nationalist terms is Times of India. not nationalist at all. It work for the "Hundreds die of torture in India benefit of big companies Western or every year - report". Reuters. 25 June otherwise. 2008. References Malik, Saurabh. "Torture main reason http://www.freepressjournal.in/hands- of death in police custody". The Tribune. off-supreme-court-tells-govt-reaffirming- Archived from the original on 31 March its-primacy-in-judicial- 2009. Retrieved 15 May 2011. appointments/743321 Custodial deaths in West Bengal and http://www.ndtv.com/india-news/no- India's refusal to ratify the Convention worry-till-judiciarys-independence-is- against Torture Asian Human Rights maintained-chief-justice-of-india-1251654 Commission 26 February 2004 http://www.dailypioneer.com/state- "Why an MP wants India to talk about editions/act-in-block-grant-teachers- child sex abuse". bbcnews.com. 5 issue-nhrc-to-ohrc.html December 2015. Retrieved 22 December 2015. "India". Retrieved 2016-08-02.
"India". 2016-01-08. Retrieved 2016- 08-02. "India: Repeal the Armed Forces Special Powers Act, Law Provides Impunity for Human Rights Abuses, Fuels Cycles of Violence", Human Rights Watch, 21 November 2007 "India: The Jammu and Kashmir Public Safety Act- a threat to human rights", AI Index ASA 20/019/2000, Amnesty International, 15 May 2000 "Jammu and Kashmir Public Safety Act, 1978 (Act No. 6 of 1978)", Refworld, High Commissioner for Refugees, United Nations Right to Food Campaign
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Human right and Environment Pollution in India & Judiciary Contribution
Dr.K.V.R.Srinivas, Post-Doctoral Fellow (UGC),Dept. Of. Political Science &Public Administration, Acharya Nagarjuna University, Guntur, Andhra Pradesh. D.Mano Vikas, Research Scholar, Dept. Of. Political Science &Public Administration, Acharya Nagarjuna University, Guntur, Andhra Pradesh. A.Hari Krishna Lecturer in Political science, S.V.R.M. College, Nagaram, Guntur(dist), Andhra Pradesh.
Abstract:
"Human right and Environment Pollution in India & Judiciary Contribution" Human rights and environment are inter-related, inter-connected, mutually responsive and crucial issues. Both are concerned with development and promotion of human welfare. Everyone likes to live in a healthy environment, which is basic human right. Environment pollution is a worldwide problem and India, too, is facing the menace. These are inherent in all individuals irrespective of their caste, creed, religion sex etc. On the other hand, meaning of the term environment is very wide in the sense that it takes into account all those factors which directly or indirectly have bearing upon the natural surroundings of human beings Thus, the link between the concept of human right and healthy environment is indisputable and indispensable. The present paper is a modest attempt to highlight the linkage between human right and environment.
Key words: Environment, Development, Human Rights
Introduction: hygienic good nobody can strive towards his goal. That is why there is a natural Human rights and environment are link between Environment, Development inter-related, inter-connected, mutually and Human Rights. Principle of 1 of the responsive and crucial issues. Both are declaration of the Nation Conference on concerned with development and Human Environment also emphasis on promotion of human welfare. Everyone this fact, it states.“Man has the likes to live in a healthy environment, fundamental right to freedom, equality which is basic human right. Environment and adequate conditions of life, in an pollution is a worldwide problem and environmental of a quality that permits a India, too, is facing the menace. While life of dignity and well-being, and he human rights are necessary to promote bears a solemn responsibility to protect the personality development of human and improve the environment for present beings, material comfort and healthy and future generations.”Again, para 1 of environment are necessary to safeguard the preamble of the same declaration conditions conducive to such a states:“Man is both creative and molder personality development. Without www.ijar.org.in 114 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] of his environment, which gives him Human rights and environmental physical sustenance and affords him the concerns have been matter of concern for opportunity for intellectual, moral social all civilizations, as far as, human rights and spiritual growth. To begin with are concerned, the roots of the human Human Rights are those essential rights and fundamental freedoms of conditions of life without which man individuals can be traced out from cannot be at his best. These are inherent humanitarian traditions, the unclosing in in all individuals irrespective of their all parts of the world and the historic caste, creed, religion sex etc. On the other pronouncements of philosophers, political hand, meaning of the term environment leaders and statesman in different is very wide in the sense that it takes into centuries, in general and twentieth account all those factors which directly or century, in particular. Basic rights and indirectly have bearing upon the natural liberties of man were recognized by all surroundings of human beings. The the major religions of the world. Human Encyclopedia Britannica defines rights really emerged as a subject of Environment, as the entire range of international relation, though, in the external influences acting on organism, United Nations created in 1945. The both the physical and biological i.e. other covenant of league of Nations, the organisms, forces of nature surrounding predecessor of the United Nations, had an individual.” Change the physical, not even mentioned Human Right. In chemical and biological condition in the sharp contrast the Preamble of the environment is called pollution of the United Nations Charter includes a environment.In the long and tortuous determination “ to reaffirm faith in evolution of the human race on the fundamental Human Right and Article 1 planet a stage has been reached when, list “ encouraging respect for human through rapid acceleration of science and right and for fundamental freedoms for technology, man has required the power all ” as one of the Organization‟s of transform his environment in principal purposes. In 1948, United countless ways and on an unprecedented Nations General Assembly adopted scale. Both aspects of man‟s without dissent the “United Nations environment, the nature and the man- Declaration of statements of Human made are essential to his well-begin and Right‟ which even today provides the to the enjoyment of basic human rights. most authoritative statement of Thus, the link between the concept of International Human Right norms. Its 30 human right and healthy environment is articles encompass a board range of civil, indisputable and indispensable. The political, economic, social and cultural present paper is a modest attempt to right and subsequently United Nations highlight the linkage between human General Assembly adopted two covenants right and environment. The present of right in 1966 i.e. on Civil and Political study emphasis that both are mutually Right and Economic, and Cultural Right. responsive and necessary for human The United Nations Declaration on welfare. The equitable development and Human Right provides that Economic, promotion of both is desirable and Social and Cultural Rights includes the feasible for welfare of humanity. Right to Health, including healthy living HISTORICAL BACKGROUND conditions and available, accessible and
www.ijar.org.in 115 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] acceptable quality health services. control of Transboundry Movements of Human Right are broadly of two kinds – Hazards Wastes and Other disposal 1989, negative and positive. Negative right are United Nations Conference on those that prohibit actions that are Environment and development (UNCED) harmful to the physical, mental or known as Earth summit 1992, RIO emotional aspects of a human being. declaration on Environment and Every human being has the right to live a development, climate change Convention dignified life as a human. Right to life, 1992, convention on Biological Diversity privacy, human punishments etc. are 1992. examples of negative rights. Positive Enviro-Human Right rights are usually political and economic right, like the right to food, education The normative abundance of and so on.Similarly the protection of the international environment law appears to Environment has been integral to the be quite considerable still the cultural and religious ethos of most of the desideratum of human right approach to human communities. Nature has been ecological sustainability and planetary venerated by ancient Hindus, Greeks, viability among municipal legislatures Native Americans and other religions are well discernable and documented. around the world. They worshipped all The prolixity of national enactments on forms of nature believing that it environment mostly gravitate around emanated the spirit of god. Hinduism technocentric approaches where in the declared in its dictum that the Earth is inherent tendency of looking at our mother and we are all her children.” environment from technological and The ancient Greeks worshipped Gaea or developmental paradigm dominates over the Earth Goddess. Islamic law regard the scene. In contrast to it ethnocentric man as having inherited “all the approach i.e., „all human being have the resources of life and nature” and having fundamental right to an environmental certain religious duties to God in using adequate for their health and well being‟ them. In the Judeo – Christian tradition, has either suffered a serious setback or God gave the earth to his people and not brought to fruition environmental their offspring as an everlasting legal ordering. While, entering into the possession, to be cared for and passed on third generation of human right, It is to each generation. Stockholm nothing but imperative to grapple the Declaration adopted by the International complementarily of economic growth and Conference on Human Environment in environmental sustainability in human June, 1972 to which India was a party is right discourse. This becomes germane called the „Magna Carta‟ of on the matrix of complexity of poverty, Environment. After this Conference, population, depleting resources, food, there have been a number of important insecurity, energy, crisis, urban gloom, international conferences & declarations industrial catastrophe and other related on the specific problems of environment. problems. Because of marine pollution Like second United Nations conference eutrophication of lakes, denudation of on Human Settlements (HABITAT –II) forests, soil acidification, acid raining 1996, Nairobi declaration, Vienna global climate change, ozone hole, convention for the protection of Ozone extinction of tropical rain forests in the Layer 1985, Basel Convention on the next millennium the rapid depletion of www.ijar.org.in 116 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] natural resources will culminate into of fundamental right. A critical survey to some planetary catastrophe or catena of cases exhibits two broad irreversible character. Therefore, it is tendencies. The first approach seems important to understand the extent to heavily concerned with perilious which environmental warfare is linked to consequences of environmental pollution overall tactics of high technology counter and immediate threat to sustenance and insurgency warfare carried on against survival. Whereas the second approach people to the land itself. Just as counter strives to enhance the quality of insurgency warfare tends towards environment health and sanitation safety genocide with respect to people, so it and security from hazardous process, tends towards ecocide with respect to ecological balance, preservation of eco- environment. In such a desperating system and bio-diversity. Sustainable atmosphere it is high time to come out of development and inter-generational traditional doctrinaire limits to the equity. This often resulted in the closure domain of pragmatic discourse so that of environmentally malign industries global and national careful „public such as time stone and stone quarrying in ordering‟ of ecological sustainability can Doon and Saproon valleys, tanneries at be seriously undertaken. This goes Kanpur, Vellore and Calcutta, hazardous without saying that a resilient legal industries in Delhi Rajasthan and regime always endeavors for development elsewhere, banning of aqua culture, with social and human face. Under this prawn framing and other. Most often legitimate presumption the ontological than not the Supreme court and High status of environmental law both Courts have recognized these rights international and national level summons without an attendant fundamental right for a close scrutiny from human right by issuing set of directives under their perspective. In the context of theoretical writ jurisdictions under article 32 and and conceptual postulates of human right 226 of the constitution respectively. In approaches to environmental protection Dehradun Quarrying case where the the present paper scans the imperatives illegal limestone mining in the Mussorie- and viabilities of nascent enviro-human Dehradun region was devastating the right jurisprudence in Indian perspective. fragile ecosystems, the supreme court in This remains say able at this juncture an activist tone and tenor held: We are that enlightened opinion making of NGO not oblivious of the fact that natural community along with judicial resources has got to be for the purposes articulation led to the proliferation of of social development but one can not human right jurisprudence to appraise forget at the same time the tapping of the promise and pitfalls of human right resources have to be done with requisite approach ad submits for the exploration attention and care so that ecologically of traditional environmentalism and and environment may not be affected in indigenous human right ingrained in the any serious way… it has always to be historical roots of the country. remembered that these are permanent assets of mankind are not intended to be Human Right to Environment: Judicial exhansted on the generation. The This national extension to right to life Supreme Court passed at least five was recognized even without specific comprehensive interim orders reference to actual and specific violations recognizing right to ecological balance as www.ijar.org.in 117 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] fundamental right. But none of these petition from the municipality against orders, articulate the actual fundamental High Court‟s approval of magisterial right infringed in spite of the copious order under section 133 CrPC to remove reference to articles 21 and 32 of the fibth, menacing state of public health, constitution. Since the exercise of malodorous fluids from the discharge of jurisdiction under article 32 presupposes alcohol plant, breeding of mosquitoes, the violation of the fundamental right, it snakes and scorpions, the supreme court becomes necessary to reasonable. Drive speaking through Justice Krishna Iyer in the fundamental right that the supreme an unmistakable terms developed an court had in view when it used orders. alternative ratio: A responsible municipal This reasoning finds a peripheral council constituted for the precise mention in justice K.N. Singh‟s purpose of preserving health and concluding observation justifying the providing better facilities can not run closures of polluting tanneries in Ganga away from its principal duty, by pleading Pollution (Tanneries) case: We are the financial inability. Decency and conscious that closure of tanneries may dignity are non-negotiable facts of human bring unemployed, loss of revenue, but right and are a first charge on local self life, health and ecology have greater governing bodies. The judgments importance to the people . invigorated fresh stamina into the seemingly dull legislation of public Dealing with the environment nuisance having wider ramifications in ramification of haphazard urban controlling enviro health derogation at planning the Andhra Pradesh High Court grass root level. None the less it is quite construed the right to ecological balance astonishing to note the plea for human as under: right was developed without any specific It would be reasonable to hold that the reference to Articles 21, 48-A and 51A (g). enjoyment and fulfillment guaranteed by Rather the court preferred to be guided art 21 of the constitution embraces the by the notion of social justice and public protection and preservation of nature‟s health. Giving a clarion call to rejuvenate gifts without (which) life can not be public law glossed with human right enjoyed. There can be no reason why values Justice Krishna Iyer further held: practice of violent extinguishment of life There is an urgent needs to focus on alone should be regarded a violence of ordinary man and a radical change in the article of21 of the constitution. The slow hierarchy of values served by civil poising by the polluted atmosphere procedure. The municipality should not caused by environmental pollution and come to terms of paramount principle of spoliation should be regarded as governance by improving public health amounting to violation of art 21 of the provisions. In Bayer India Ltd. V. State of constitution. Maharashta, a human habitation proximate to hazardous chemical process The Human Right to decent was thoughts to be confronted with environment was recognized on Ratlam perilous dimensions of chemical exposure Municipality case where neither the writ and consequential threat to life. The jurisdiction was involved nor any branch court formulated the view that: Nothing of fundamental right was alleged. While can be more fundamental than the issue hearing a appeal under special leave of public safety and right to life and www.ijar.org.in 118 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] where these are infringed upon, the The zealously guarded attitude of the courts will have to act in a general court has not only cut short the want of interest of the citizen and not the proof, specific infringement of Government and public bodies. fundamental right, non-existence of statutory remedies but also given effect Another quantum leap in the arena of to international environmental law to promotion of enviro-human right is the promote enviro-human right. In the enforcement of these entitlements not absence of specific treaty law only against state, instrumentality of commitment, such an approach led to state, statutory bodies but also to private filling of gap of municipal environmental entities. Cases are not rare where the and constitutional statues with that of courts have issued against many major international standard. Calcutta Wetland industries in private sector. Even where case is a pointer to this effect. Since the the cause of environmental harm court believed that „environmental emanates from a private entity, a writ degradation is a social problem having far petition against the state may be reaching ramification on society it is successful if the court finds that a nothing but incumbent on law court to designated governmental authorities has discharge social duty to preserve wetland not taken sufficient action to protect a as per Ramsar Convention This line of healthy environment for the people. In thinking has percolated down deeply in Ganga Pollution (Tanneries) case the numerous recent rulings of Supreme Supreme Court issued orders under Court . article 32 of the Constitution to a number of private tanneries although the legal Conclusion basis for issuing order against private Placed in nutshell the human right entities was not explained. Under the culture has percolated down to Indian pretext of lack of time the Supreme Court human right regime within short period in Sri Ram case postponed the subtle of time. With an active working delineation of applicability of writ partnership with an enlightened NGO jurisdiction against private entities. The community, and public spirited position however, firmly crystallized in movements, sweeping judicial Consumer Education and Research innovations were put forth. This Centre case. The Supreme Court issued emerging enviro- human right scenario orders against thirty asbestos mines and has almost set at naught the seventy four asbestos related industries paternalistic, authoritarian and relating to occupational health and safety repressive legal regimes. In the wake of measures under Art. 32, Justified on the country‟s extinctive ecosystem and ground of right to life approach the endangered bio-diversity the well thought constitutional bench clarified that „even and conscientized judicial intervention private persons or industries are bound left a mark of wisdom in overall planning, by the direction issued by this court policy and legal discourse. Right to under Article 32’. A concurrent healthy environment is also a human justification for such an approach derived right. There is need to create awareness from the judicial obligation underpinned about the promotion and protection of under article 142. human rights and healthy environment. This can be done through education. www.ijar.org.in 119 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Strategies should be made for creating www.iisd.ca › MEA Bulletin . mass awareness. State can also play an http://www.foei.org/en/what-we- important role in this direction. However, do/solidarity-work/environmental-rights- it is seen that legislative and judicial bodies have generally taken the lead in are-human-rights protecting Human Rights. Although, the Environmental Movement, Encyclopaedia right to a healthy and clean environment of Sustainable Development, at as envisaged under the existing constitutional environmental scheme is http://www.ac.uk/esd/Earth/Environment adequate in many respect, its adequate al-Movement.html. and efficacy depends upon the conditional http://www.ace.mmu.ac.uk/esd/ judicial co-operation. It is not appropriate Environmental-Movement.html. to leave such an important and vital right to judicial vagaries. Therefore, it is The Declaration on the Right to imperative that this right finds an Development, UN GA Res. 41/128, article express mention in part III of the 1/1, 4 December 1986 construction. http://www.nliu.com/new/Art8.pdf Suggestion [1]. Equating directive principles with fundamental right through a Constitutional amendment. [2]. Development of a strategy for paying all financial resources displayed in the environmental sector. [3]. It is necessary to eradicate public environment care system which provides selective care through a multiplicity a scheme and programmes discriminates on the basis of residence (Rural-Urban) in providing for entitlements for environmental care.
References: http://www.unep.org/environmentalgover nance/Events/HumanRightsandEnv ironment/tabid/2046/language/en- US/Default.aspx Robert O. Keohane and Joseph S. Nye, Jr., "Globalization: What's New? What's Not (And So What?)", Foreign Policy (2000). www.ijar.org.in 120 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Poverty and Human Rights
P.Y.Krupavaram Lecturer in English S.V.K.P & Dr. K. S Raju Arts & Science College, Penugonda
Abstract: One-third of all human lives end in early death from poverty-related causes. Most of these premature deaths are avoidable through global institutional reforms that would eradicate extreme poverty. Many are also avoidable through global health- system reform that would make medical knowledge freely available as a global public good. Poverty and health have sometimes viewed equity and human rights as a concept with practical application, and relationship between health, equity and human rights has been examined. Examination of the concepts of poverty, equity, and human rights in relation to health and to each other demonstrates that they are closed.
Keywords: Human Rights, Poverty, Health, Equity.
Introduction social position. Thus, efforts that focus exclusively on economic poverty may Approaches focusing on poverty, have limited effectiveness for promoting equity, or human rights in relation to health. health have sometimes been viewed as conflicting or competing, and champions Equity and Health of the poverty–health relationship have Equity is an ethical concept sometimes viewed equity and human grounded in the principle of distributive rights concerns as too abstract or justice. Equity in health reflects a insufficiently relevant. In addition, links concern to reduce unequal opportunities between health, equity and human rights to be healthy associated with membership have not previously been examined in less privileged social groups, such as rigorously. We explore the concepts of poor people; disenfranchised racial, poverty, equity, and human rights in ethnic or religious groups; women; and relation to health and to each other, rural residents. In operational terms, suggesting operational implications and pursuing equity in health means opportunities for effective action by eliminating health disparities that are health institutions. systematically associated with underlying Poverty and Health social disadvantage or marginalization. An equity framework systematically Given the strong and pervasive focuses attention on socially links between poverty and health, a disadvantaged, marginalized, or commitment to health necessarily implies disenfranchised groups within and a commitment to reducing poverty. For between countries, including but not many poor people, the health-damaging limited to the poor. effects of economic poverty are compounded by inequality related to sex, Human Rights and Health racial or ethnic group, disability, HIV Human rights refer to infection, or other factors associated with internationally recognized norms www.ijar.org.in 121 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] applying equally to all people everywhere in the world. International human rights Poverty is not, in itself, a law is a set of legal standards to which violation of human rights. However, governments have agreed with the government action or inaction leading to purpose of promoting and protecting poverty, or government failure to respond these rights. International treaties not adequately to the conditions that create, only prohibit direct violations of human exacerbate, and perpetuate poverty and rights but also hold governments marginalization, often reflect or are responsible for progressively ensuring closely connected with violations or conditions enabling individuals to realize denials of human rights. For example, their rights as fully as possible. lack of access to education, especially Relationship between Health and Human primary education, is increasingly Rights recognized both as the denial of a right and as inextricably connected with The relationship between the poverty and ill-health. Education fosters concepts of poverty, equity, and human empowerment and participation in rights in relation to health are many and informed decisions about health-related profound. Both equity and human rights behaviours and is therefore key to principles dictate striving for equal breaking the poverty and ill-health cycle. opportunity for health for groups of people who have historically suffered A human rights perspective can discrimination or social marginalization. provide a universal frame of reference for Achieving equal opportunity for health identifying inequitable conditions. For entails not only buffering the health- example, human rights norms assert damaging effects of poverty and rights to the living standards that are marginalization: it requires reducing prerequisites for optimal health, and they disparities between populations in the prohibit discrimination on the basis of underlying conditions such as education, gender, racial or ethnic group, national living standards, and environmental origin, religion or disability. Particularly exposures necessary to be healthy. Thus, where certain groups are systematically both human rights and equity excluded from decision-making, human perspectives require that health rights standards can play a crucial role in institutions deal with poverty and health agenda-setting by strengthening not only by providing care to improve the consensus about the existence of health of the poor but also by helping to inequitable health disparities and the alter the conditions that create, need to reduce them. exacerbate, and perpetuate poverty and A human rights perspective marginalization. Governments are removes actions to relieve poverty and accountable, as parties to human rights ensure equity from the voluntary realms treaties, for setting benchmarks and of charity, ethics and solidarity to the targets towards progressive achievement domain of law. Furthermore, the of full realization of human rights: internationally recognized human rights "progressive realization" requires that mechanisms for legal accountability could they should show movement in good faith be used by the health sector to provide towards full realization of all rights. processes and forums for engagement and
www.ijar.org.in 122 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] to suggest concrete approaches to Head J, et al. Health inequalities reducing poverty and health inequity. among British civil servants: the International human rights instruments Whitehall II thus provide not only a framework but study. Lancet 1991;337:1387-93. also a legal obligation for policies towards Kawachi, I, Kennedy BP, Lochner achieving equal opportunity to be K, Prothrow-Stith D. Social healthy, an obligation that necessarily capital, income inequality, and requires consideration of poverty and mortality.American Journal of social disadvantage. Public Health 1997;87:1491-8. Conclusion Lynch JW, Kaplan GA. Just as the equity and human Understanding how inequality in rights frameworks can strengthen work the distribution of income affects focused on poverty, efforts to reduce health. Journal of Health poverty are essential aspects of fulfilling Psychology 1997;2:297-314. ] commitments to equity and human rights. Throughout most of the world, material poverty and its associated disadvantages play a central role in creating, exacerbating, and perpetuating ill-health (34). Equity and human rights perspectives can highlight the responsibility of wealthier countries to seek out the causes and consequences of poverty within and beyond their borders. A commitment to equity or to human rights calls for major action on poverty and health, as an ethical and legal imperative. References Chapin CV. Deaths among taxpayers and non-taxpayers, income tax, Providence, 1865. Originally published inAmerican Journal of Public Health 1924;14:647-51; reprinted in Journal of Public Health Policy 1999;20:227-34. Berkman L, Kawachi I, editors. Social epidemiology. New York: Oxford University Press; 2000. Marmot MG, Smith GD, Stansfeld S, Patel C, North F, www.ijar.org.in 123 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected]
Role of Media in the protection of Human Rights
K.Srinivasa Rao, Lecturer in Political Science, S.K.B.R. Government Degree College, Macherla, Guntur (Dist), A.P.
Dr.R.Swami Prasad, Teacher, M.P.P. School, Azadnagar, Macherla, Guntur(Dist) A.P. Abstract: In India, media especially the print has played an important role in educating and informing citizens of their right as well as the violations of such rights. One cannot forget that the origin of newspapers in India itself lay in challenging the denial of rights. In South India, The Hindu, we are given to understand, constantly attracted the wrath of the then British government, because it drew attention of the readers to the gross violation of people’s dignity and rights. In the post- independence India newspapers have constantly attracted the anger of and harassment by the governments for trying to take the truth to the people.
Key Words: Human Rights, race, color, sex, language, religion
Introduction: write up. Thomas Sawell says, “When your case is weak, take it to the media Human Rights are commonly instead of to the courts”, Laura Alber understood as those rights which are says, “If O.J. Simpson was guilty, the inherent to all human beings. Every media was responsible for his acquittal”. human being is entitled to enjoy his or Both these statements could be true. her human rights without distinction of Media, therefore, is required to be not race, color, sex, language, religion or any only responsive but also responsible. other status. These rights are interrelated, interdependent and Role of Media: indivisible. These are created with his Media has been entrusted with berth and destroyed only with the death. the responsibility of guarding the rights Human Rights are legally guaranteed of the people in a democratic political under various human rights laws. This system. The point towards the pivotal protects individuals and groups against role that media can play in ensuring that action which interfere with fundamental the people who make a political system freedom and human dignity. They are enjoy its positive outcome. However, it’s defined in Sec 2 of the protection of important to come out of visionary human rights act, 1993 as, “the rights discourse of media and critically look at relating to life, liberty, equality and its role and function in our present socio- dignity of the individual guaranteed political context. Founding fathers of our under the construction or embodied in Constitution attached great importance the international covenants and to freedom of speech and expression and enforceable by courts in India”. The freedom of the press. They believed that statements one by Thomas Sawell central to the concept of a free press is a another by Laura Alber are worth freedom of political opinion and at the mentioning as an introduction to this core of the freedom lies in the right to www.ijar.org.in 124 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] criticize the government, because it is increasingly remained outside the only through free debate and free purview of human rights. Further, only exchange of ideas that government the human rights violations by the state remains responsive to the will of the against the middle class became people and orderly change is affected. violations of human rights for media. Media as the Promoter of Human Rights True Stories of Media Role: in India: Media has played very important Since media are the eyes and ears role in our country in ensuring human of any democratic society, their existence rights. Some true examples can be quoted becomes detrimental to the sustenance of here. all democratic societies. Unless a society Emergency in 1975: Dare Devil journalist knows what is happening to it and its like Arun Shorie mounted scathing members, the question of protecting or attack on the scuttling of human rights promoting rights does not emerge. Hence, by imposition of emergency in 1975. it is in fulfilling this function that media People waited with anxiety to buy the justifies its existence. Indian Express to read the write ups No doubt in India, media opposing the emergency. The movement especially the print, has played an against emergency gained momentum important role in educating and and resulted in restoration of human informing citizens of their right as well as rights. the violations of such rights. One cannot Anti- Defamation Bill 1980: An attempt forget that the origin of newspapers in was made by the legislature to suppress India itself lay in challenging the denial arbitrarily on important facet of liberty of rights. In South India, The Hindu, we namely freedom of speech and expression. are given to understand, constantly The Anti Defamation bill was cast in the attracted the wrath of the then British guise of an attempt to protect the government, because it drew attention of reputation of public figures by preventing the readers to the gross violation of the abuse of freedom of speech by their people’s dignity and rights. In the post- critiques. In reality those bold press independence India to the newspapers persons were doing a commendable joy by have constantly attracted the anger of conveying embarrassing truth to people and harassment by the governments for about the men in public life. It’s to be trying to take the truth to the people. proudly remembered that in this rear Significant section of the national press occasion the media powerfully articulated has dared to oppose events that have latent public outrage. The public pressure changed the course of history in India – forced the withdrawal of the bill. Emergency, Babri Masjid demolition. Murder of Graham Steins and his Public Interest Litigation (Regulation ) children, the Godhra camage and recently Bill 1996: The bill attempted to provide Nandigram. for the deposit of an exorbitant amount at the time of filing of the PIL, which However, one cannot forget that shall be forfeited in case the petition is for much of the press, the rights of the dismissed and the petitioner be put Dalits, Women, rural poor, urban poor behind bars and pay damages, if the PIL and workers in the unorganized sector www.ijar.org.in 125 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] is filed with mala fide intention. The bill Constitution, Universal Law was withdrawn owing to severe criticisms publishing co., New Delhi in the press and media. 3. Human Rights.gov.in These are only some examples of 4. Journal of Human rights Practice the success story of the media in the saga of human rights protection in our 5. Journal of Human Rights Review. country. But there are many more milestones to be achieved by the media by taking up human rights issues of the common man on the street, the depressed, the oppressed, displaced, disorganized exploited, sick out castes, women, children etc., and play a positive role by constructing a new agenda of human rights to be fulfilled by all layers in the construction of India as developed nation. Conclusion: Alexander Soizhenitsyn says “we have to condemn the very idea that some people have the right to repress others”. To attack a journalist is to target the pursuit of truth and freedom. Media has time and again proved to be on effective instrument in presenting the human rights. It has to be promoted in the right direction. The media also has to play its role more responsibly to realize the goal of establishing a human rights savvy society. I would like to conclude by coating John Milton, “Give me the liberty to know to utter and to argue freely according to conscience, above all liberties.” References: 1. Gurdeep Singh (2012). Human rights in 21st Century, Changing Dimensions, Universal Law PublishingCo., New Delhi. 2. S.R.Bhansali (2013). Law relating to human rights: In International and National laws and
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Human Rights and the Environmental Change C.S. Anand Kumar, Lecturer in Physics, S.V.K.P & Dr.K.S.Raju Arts & Science College, Penugonda.
Abstract All human beings depend on the environment in which we live. A safe, clean, healthy and sustainable environment is integral to the full enjoyment of a wide range of human rights, including the rights to life, health, food, water and sanitation. Without a healthy environment, we are unable to fulfill our aspirations or even live at a level commensurate with minimum standards of human dignity. At the same time, protecting human rights helps to protect the environment. When people are able to learn about, and participate in, the decisions that affect them, they can help to ensure that those decisions respect their need for a sustainable environment. Keywords: Human Rights, Environment, Health, Safety. Protecting.
Introduction and the environment may face In recent years, the recognition of intimidation, legal harassment and the links between human rights and the deadly violence. The primary victims of environment has greatly increased. The environmental harm are often number and scope of international and impoverished and marginalized domestic laws, judicial decisions, and communities with limited opportunity to academic studies on the relationship meaningfully participate in decision- between human rights and the making and public debate on environment have grown rapidly. environmental issues, and have little Many States now incorporate a right to a access to independent courts to achieve healthy environment in their accountability and redress. constitutions. Many questions about the relationship of human rights and the The Human Rights Implications of environment remain unresolved, Environmental Change however, and require further The natural environment examination. provides human beings and the communities in which we live with the As the world urbanizes and resources we need to achieve lives of industrializes, and as effects of climate dignity and well-being – clean air to change intensify, environmental crises breathe; clean water to drink; food to eat; will increasingly devastate the lives, fuels for energy; protection from storms, health, and livelihoods of people around floods, fires and drought; climate the globe. A lack of legal regulation and regulation and disease control; and places enforcement of industrial and artisanal to congregate for aesthetic, recreational mining, large-scale and spiritual enjoyment. These dams, deforestation, domestic water and environmental endowments—often sanitation systems, and heavily polluting referred to as ecosystem services—are at industries can lead to host of human once essential to core survival and vital to rights violations. Activists and ordinary human flourishing. As the nations of the citizens defending their rights to land world declared in The Future We Want,
www.ijar.org.in 127 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] the outcome document of the 2012 of our time. Climate change has already Rio+20 conference, sustainable begun to have far-reaching development requires that we angle environmental impacts, including many toward “harmony with nature.”1 To adverse effects on wildlife, natural achieve this idea, we must balance resources and the ecological processes economic, social and human development that support access to clean water, food, with “ecosystem conservation, and other basic human needs. These regeneration and restoration and impacts, combined with direct harms to resilience in the face of new and people, property, and physical emerging challenges. infrastructure, pose a serious threat to The nature of the linkages the enjoyment and exercise of human between the environment and human rights across the world.3 The mandate to rights has been debated for years. take immediate action to both reduce the However, it has long been recognized greenhouse gas emissions that contribute that a clean, healthy and functional to global climate change and enact environment is integral to the enjoyment measures that reduce vulnerability and of human rights, such as the rights to increase resilience to climate change life, health, food and an adequate impacts is clear. Yet, certain responses to standard of living. This recognition offers climate change—including both one reason the international community mitigation and adaptation activities—can has banded together through multilateral also interfere with human rights, as has environmental agreements (MEAs) to been the case for a number of prohibit illegal trade in wildlife, to hydroelectric and biofuel projects preserve biodiversity and marine and undertaken, in part, to reduce global terrestrial habitats, to reduce greenhouse gas emissions. It is critical transboundary pollution, and to prevent that as the world endeavors to address other behaviors that harm the planet and the “super wicked” problem of climate its residents. In short: Environmental change it do so with full respect for protection protects human rights. At the human rights. same time, adherence to human rights— such as those that ensure public access to Effects of Environmental Change on information and participation in decision Human Rights making—contributes to more just Environmental change poses an decisions about the utilization and enormous threat to the lives and well- protection of environmental resources, being of individuals and communities and protects against the potential for across the world. predicted climactic abuse under the auspices of changes will adversely affect millions of environmental action. Thus, domestic people and the ecosystems, natural environmental laws and MEAs can both resources, and physical infrastructure be strengthened through the upon which they depend. These harmful incorporation of human rights principles, impacts include sudden-onset events that even as they contribute to the ongoing pose a direct threat to human lives and realization of human rights. safety, as well as more gradual forms of Anthropogenic climate change is environmental degradation that will the largest, most pervasive threat to the undermine access to clean water, food, natural environment and human rights
www.ijar.org.in 128 International Journal of Academic Research ISSN: 2348-7666; Vol.3, Issue-10(4), October, 2016 Impact Factor: 4.535; Email: [email protected] and other key resources that support emissions that contribute to climate human life. change. Mitigation: There are numerous Impacts on Ecosystems and Natural examples of how certain kinds of Resources: mitigation projects undertaken to reduce Climate change will significantly reduce or sequester GHG emissions can surface water and groundwater resources adversely affect the rights of certain in most dry subtropical regions, thus groups. intensifying competition for water among agriculture, ecosystems, Adaptation: Both the failure to adapt settlements, industry, and energy and the implementation of adaptation production, and affecting regional water, measures can interfere with human energy, and food security. rights, particularly for the most vulnerable. One concern is that some Impacts on Physical Infrastructure and adaptation programs, may benefit one Human Settlements: group to the detriment of another—as Climate-related phenomena such as might be the case for coastal rising sea levels, coastal storms, heat fortifications that protect one stress, extreme precipitation, inland and community while exposing another to coastal flooding, landslides, drought, greater risk of erosion and/or flooding. increased aridity, water scarcity, and air pollution “will have profound impacts on Geo-engineering: a broad spectrum of city functions, Geo-engineering refers to the deliberate infrastructures, and services and will and large-scale manipulation of natural interact with and may exacerbate many systems through measures aimed at existing stresses.” Urban climate change- preventing or mitigating the effects of related risks are increasing, with climate change, such as solar radiation widespread negative impacts on people management and ocean iron fertilization. and their health, livelihoods, and assets, Conclusion as well as local and national economies Environmental change and and ecosystems.30 These risks are responses to climate change will have a amplified for those who live in informal profound effect on the exercise of human settlements and hazardous areas, which rights for millions and perhaps billions of often lack essential infrastructure and people across the world. This will occur adaptive capacity, as well as individuals through both direct impacts on humans that are more vulnerable as a result of and settlements, as well as through the age, income, disability, or other factors. degradation of the ecosystems and environmental resources upon which Effects of Mitigation And Adaptation on many lives and livelihoods depend. States Human Rights have obligations to respect, protect, and The manner in which fulfill human rights, and this includes governments and other actors respond to obligations to mitigate domestic GHG the challenges of climate change can also emissions, protect citizens against the affect the enjoyment of human rights. harmful effects of climate change, and This is true for actions undertaken to ensure that responses to climate change mitigate the greenhouse gas (GHG) do not result in human rights violations.
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Although states have taken important steps towards fulfilling these obligations, there is more to be done. In particular, states need to increase their ambition with respect to both climate change mitigation and adaptation, and work cooperatively to ensure the protection of human rights for all citizens across the world. References UN GA Res. 66/288, The Future We Want, p. 40, UN Doc. A/RES/66/288 (July 7, 2012). IPCC, Climate Change 2014: Impacts, Adaptation, and Vulnerability, Contribution of the Working Group II to the Fifth Assessment Report of the Intergovernmental Panel on Climate Change (Cambridge University Press 2014). Anthony Oliver-Smith, Sea Level Rise and the Vulnerability of Coastal Peoples: Responding to the Local Challenges of Global Climate Change in the 21st Century, UNU-EHS Publication No.7/2009 (July 2009). Sheila Watt-Cloutier, Petition to the Inter-American Commission on Human Rights Seeking Relief from Violations Resulting from Global Warming Caused by Acts and Omissions of the United States (Dec. 7, 2005) [hereinafter Inuit Petition].
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