VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
HUMAN RIGHTS:
ORIGIN AND EVOLUTION OF THE HUMAN RIGHTS
INTRODUCTION
Human Rights are commonly understood as ―inalienable fundamental rights‖ to which a person is inherently entitled simply because she or he is a human being. Human Rights are thus conceived as universal and egalitarian. At the international level human rights have become a movement. It can be studied through many ways which is called as the constituents of Human Rights. They may be civil rights, political, economic, cultural, social rights. They are also called Fundamental Rights. and rights of freedom to everyone irrespective of caste, creed, sex, region, colour, profession, etc.
CONCEPT OF HUMAN RIGHTS
Human Rights is a 20th century term traditionally known as ―Natural Rights‖ or the ―Rights of Man‖. Broadly speaking, ―Human Right‖ means right to life, liberty, equality and the dignity of an individual irrespective of caste, creed or sex. It envisages that all human beings are born free, equal in dignity and rights and are entitled to enjoy all rights.
Evolution of Human Rights:
The roots of human rights can be traced to the Babylonian laws. The Babylonian King Hammurabi issued a set of laws to his people called ―Hammurabi‘s Codes‖, which contained fair wages, protection of property and charges against them to be proved at trial. Greek philosopher Plato, Aristotle and Roman philosopher Cicero advocated the natural law, natural rights and human rights. The origin of human rights also can be credited to era of Renaissance Humanism in the early modern period. Prior to this habeas corpus had been explained in the Magna Carta of 1215 A.D. The European wars of religion and the civil wars of 17th century England gave rise to the philosophy of liberalism and belief in human rights became a significant concern of European intellectual culture during 18th century ―Age of Enlightenment‖. The idea of human rights lay at the core of the American and French revolutions which paved the way for the advent of universal suffrage. The World Wars of the 20thcentury led to the Universal Declaration of Human Rights.
The Magna Carta (1215) The Magna Carta was issued on 15 June, 1215 also called Magna Carta Liberate or the Great Charter of the Liberties of England. The 1215 charter required King John of England to proclaim certain liberties and accept that his will was not arbitrary. For example by explicitly accepting that no ―freeman‖ (non-serf) could be punished except through the law of the land, a right which is still in existence in England.
VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
The Bill of Rights (1689) The Bill of Rights 1688 is an Act of the Parliament of England passed on 16 December 1689. This lays down limits on the powers of sovereign and sets out the rights of Parliament and rules for freedom of speech in Parliament, the requirement to regular elections to Parliament and the right to petition the monarch without fear of retribution.
US Declaration of Independence (1776) The Declaration of Independence was a statement adopted by the continental Congress on 4July 1776 which announce that the 13 American Colonies, then at war with Great Britain regarded themselves as independent states and no longer a part of the British Empire. It contained that all men are created equal are endowed by their Creator with certain unalienable Rights, that among these are Liberty and the pursuit of Happiness. This view was notably promoted by Abraham Lincoln, who considered the Declaration to be the foundation of his political philosophy.
The Declaration of the Rights of Man and of the Citizen( 1793) It is a fundamental document of the French Revolution defining the individual and collective rights of all the Estates of the realm as universal. It was adopted during the French Revolution in 1789, but after modifications it w as adopted in 1793. According to this, ―Men are born and remain free and equal in rights.‖ Therefore, the role of government is to recognize and secure the rights of liberty, property, security and resistance to oppression of the human beings.
Factors under which Human Rights is Violated Racism Racism is a doctrine of hatred of people based on the belief that citrine people are superior to others who are deemed to be inferior because of their identity, ethnic origin, nationality and national discussed. Language Linguistic discrimination is the unfair treatment of an individual based solely on his of her use of language.
Colour Discrimination based on skin colour is a form of prejudice or discrimination in which people are treated differently based on the social meanings attached to skin colour
Gender based Violence Violence against women is often known as ‗gender -based‘ violence. The primary cause to gender-based violence is the power inequality between women and men. The majority of perpetrators of gender-based violence are men. However, despite the fact that no society is free from it, male violence against women varies in degree and intensity according to the specific circumstances.
VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Religious Discrimination Religious discrimination is treating individuals differently because of their religion, religious beliefs and practices,
Education Discrimination in education is the act of discriminating people belonging to certain categories in enjoying full right to education. It is considered a violation of enunciated human rights. Education discrimination can be on the basis of ethnicity, nationality, age,gender, race, economic condition, disability and religion.
Urban, Non-Urban: Rural areas are cut off from technological development and suffers Poor infrastructure. This results in social isolation. But the urban society has well developed nodes, technical development and a seed infrastructure.
Economy: Constitution says ―all are equal before law‖ but in reality, rich people lead a sophisticated life, with special privileges because of their wealthiness. The poor people could not get good education, home, sanitation and dress. This led them to accept rich people as their masters.
Human Rights Definition: Each individual must have some rights not only to survive in the community, but also to make their life better. In this sense, rights are basic freedom that all people should have - human rights are concerned with the dignity of the individual—the level of self-esteem that secure personal identity and promotes human community.
Human rights are rights inherent to all human beings, whatever be the nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. All are equally entitled to human rights without discrimination. These rights are all interrelated, interdependent and indivisible.
Kinds of Human Rights Natural Rights: Natural Rights are, rights that are just, fair and reasonable. It enables people to lead their life through common rules and regulations framed either by them or their representatives. At the same time, they accept a set of legal and moral duties to live in peace and security without any violence.
Social Welfare Rights Legal Rights: Legal Rights are rights that are guaranteed to citizens of a country by law to enjoy certain freedom without any fear or favour. Legal rights are also referred to as statutory rights, bestowed by a particular government to the governed. These rights may differ from country to country VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. depending upon the constitution and culture that they adopted. Nevertheless, at the same time legal rights impose an obligation on people not to exceed the prescribed limits of law.
Social Welfare rights: Welfare rights means the rights of people to be aware of and receive their maximum entitlement to state welfare benefits, and to be treated reasonably well by the welfare system
Economic Rights: Economic, social and cultural rights (ESCR) include the rights to decent work, an adequate standard of living, housing, food, water and sanitation, social security, health, and education. ESCR are thus essential for ensuring human dignity.
Political Rights: Civil and Political Rights are rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's ability to participate in the civil and political life of the society and state without discrimination or repression.
UNIT II UNO and Human Rights Commission:
The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of the UN Economic and Social Council (ECOSOC), and was also assisted in its work by the Office of the United Nations High Commissioner for Human Rights (UNHCHR). It was the UN's principal mechanism and international forum concerned with the promotion and protection of human rights
History:
The UNCHR was established in 1946. It met for the first time in January 1947 and established a drafting committee for the Universal Declaration of Human Rights, which was adopted by the United Nations on December 10, 1948.
The body went through two distinct phases. From 1947 to 1967, it followed the policy of absenteeism, which meant that the Commission would concentrate on promoting human rights and helping states elaborate treaties, but not on investigating or condemning violators. It was a period of strict observance of the sovereignty principle. In 1967, the Commission adopted interventionism as its policy. The context of the decade was of decolonization of Africa and Asia, and many countries of the continent pressed for a more active UN policy on human rights issues, especially in light of massive violations in apartheid South Africa. The new policy meant that the Commission would also investigate and produce reports on violations. To allow better fulfillment of this new policy, other changes took place. In the 1970s, the possibility of VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. geographically-oriented workgroups was created. These groups would specialize their activities on the investigation of violations on a given region or even a single country, as was the case with Chile. With the 1980s came the creation of theme-oriented workgroups, which would specialize in specific types of abuses.b None of these measures, however, were able to make the Commission as effective as desired, mainly because of the presence of human rights violators and the politicization of the body. During the following years until its extinction, the UNCHR became increasingly discredited among activists and governments alike. The Commission held its final meeting in Geneva on March 27, 2006 and was replaced by the United Nations Human Rights Council in the same year.
UDHR:
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly on 10 December 1948 in Paris. The Declaration arose directly from the experience of the two world wars. \
The Declaration consists of thirty articles which, although not legally binding, have been elaborated in subsequent international treaties, economic transfers, regional human rights instruments, national constitutions, and other laws. The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights and its two Optional Protocols. In 1966, the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights. In 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill became international law, to be followed by all.
Origin of UDHR Mrs. Eleanor Roosevelt was appointed as its chairperson. Immediately, after the constitution, the committee had its preliminary meeting and suggested for the increase of the members, which was increased to eighteen. (The representatives of the following countries were appointed. They were Australia, Belgium, Byelorussia of Soviet Socialist Republic, Chile, China, Egypt, France, India, Iran, Lebanon, Panama, Philippines, United Kingdom, United States, Union of Soviet Socialist Republics, Uruguay, and Yugoslavia). On June 21, 1946, the Economic and Social Council framed the terms of reference on which the committee needed to work for the drafting of the Universal Declaration.After the terms of reference to prepare a universal text for the promotion and protection of human rights, the committee later converted into the Commission on Human Rights, which functioned till 2006. This was later converted into a permanent inter governmental body known as Human Rights Council, in 2006 by the General Assembly. At present, the strength of the council is 47 states. The Commission on Human Rights after deliberations appointed, Mr. John Peters Humphrey of Canada as the drafting committee chairman. John Humphrey prepared the first draft of the universal text. After that Mr. Rene Cassin, a French Professor of Law and Judge prepared the final version of the Universal Declaration of Human Rights [UDHR] with 30 Articles on the model of the Napoleon code. In 1968, he received the Noble Peace Prize for drafting the UDHR. After the final version of the VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Draft, the General Assembly had finally adopted the Universal Declaration of Human Rights on December 10, 1948. Since then, December 10 is celebrated as Human Rights day to mark the Universal Declaration and the Fundamental Freedoms of human beings, which were recognized universally without any discrimination as to race, religion, sex, language and culture. However, since the declaration has no legal validity and binding nature on the states under international law, the UN asked the Commission to take further steps to convert it into two seperate legal texts. Further, the Declaration being a mixture of both Civil and Political Rights; Economic, Social and Cultural rights in one single text, it would be dificult for the states to impliment them.On this suggestion, the Commission and the various committees after a considerable laborious work finally prepared the blue print of two texts. These are titled as Covenant on Economic, Social and Cultural Rights and Covenant on Civil and Political Rights, which have been adopted in 1966 and came into force in 1976. The First covenant has been ratified by 160 states, and 167 (till July 2011) ratified the Second one. Later both the covenants have been added with additional protocols. The Civil and Political Rights are referred to as justiciable rights, which are equivalent to the Fundamental Rights of the Constitution of India. The Economic, Social and Cultural rights are referred to as Non-Justiciable rights, and are only directives to the states which need to be promoted and implemented depending upon various factors (these are comparable to the Directive Principles of State Policy as framed by the Constitution which are directives to the State. These rights normally, can't be challenged in a court of law for their non-implementation. However, in the recent past, at least more than two decades, the Supreme Court of India in no uncertain terms made it clear through a number of judgments; if the non-justiciable rights have a substantive bearing on the enjoyment of fundamental rights, their non-implementation can be challenged). The Covenant on Economic, Social, and Cultural Rights has an optional Protocol adopted in 2008. This protocol allows individuals to complain to the International Human Rights Mechanism of the UN for the non-implementation of the provisions of the Charter by the States parties. This is a historic Protocol. For the first time, it has permitted the individuals to complain against their states, even in the case of non-implementation of the provisions of the non- justiciable rights, which are addressed only to States. The complaint may be made to UN High Commissioner on Human Rights, only after the exhaustion of local remedies including the highest court's judgments. The protocol is signed by 36 states, and ratified by 3 states. This has not yet entered into force. Since this is a radical Protocol, certainly it will take time for states to accept their responsibility to discharge towards their people.The Covenant on Civil and Political Rights has two protocols. The first one was adopted in 1966 and came into force in 1976. This protocol guarantees to the individual citizens to complain to the UN any violation of their civil and political rights by their state, after completing all the formalities and exhausting the remedies including the decision of the Supreme Court. (This right is guaranteed to the people of those countries, which ratified the Protocol. Government of India has not yet ratified; the Indian citizens cannot make any complaint) It has been ratified by 114 fourteen states till July 2011.The Second Protocol was adopted in 1989 and came into force in 1991. It received 73 ratifications by states parties as on July 2011. This Protocol abolishes death penalty as a deterrent criminal punishment. Government of India is not a party to this protocol.
Significance of the UDHR VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
The Charter of United Nations aim is to protect the Human Rights and freedoms of the individuals at the International level. In order to implement the mandate of the States, the UN adopted the Universal Declaration of Human Rights. The Declaration is nothing but an extension of the ideology of what states parties have conceived in the Charter. The adherence to the Declaration in true spirit will bring peace and security. The Declaration with its non-binding nature has received universal recognition without any exception and accepted by the whole international community.All the states - even the communist countries (like former USSR, former Yugoslavia) - which were skeptical in the beginning, gradually realized the significance and started defending the declaration. The regular reference to the Declaration and the development of the provisions later crystallized into Covenant on Economic, Social and Cultural Rights, Covenant on Civil and Political Rights, and the adoption of independent texts on various aspects of human rights. All these texts conferred the status on the declaration as a part of customary international law. The Declaration became an extension of the Charter of the United Nations. On Several Occasions, the various organs of the UN including the Security Council and the General Assembly quoted its provisions in a number of resolutions and documents.
Analysis of the Declaration: As a mark of respect to the declaration and its principles, the UN crystallized its millennium goals basing on the unfulfilled dreams of it. These goals will drive the states to discharge their responsibilities to accomplish the standards they themselves set in the declaration. The extensive recognition and respect given to the declaration universally, and celebration of December 10 every year by the World Community led scholars to term it as the Magna Carta of the World, in upholding the rights and fundamental liberties of the individuals. The declaration contains a preamble and 30 Articles. The preamble specifies the objectives and the Articles deal with Civil and Political Rights, Economic, Social and Cultural Rights, while a few articles of this declaration deal with the duties to be performed by all agents In other words, the declaration became the cornerstone of international law to achieve its basic aim and object of securing peace and security, the concept of one world and to make the world free from the fear of war. The continuous adherence and reference to the UDHR on par with the Charter of the United Nations by member states made it more than a legally binding document. Even new states who come into existence and become members of the UN, all of them without any exception have accepted the principles of the Declaration along with Charter as new members of the international community. The Declaration has paved the way for the independence of many countries in 1960's and 1970's.
Preamble of the Declaration The Preamble of the Declaration states the spirit and significance of the Declaration. The picture conveys that if the mankind and its creators (namely, states) follow the Declaration in true spirit, it is easy to achieve peace, security through friendship and rosper together.
Article 1 ( Free and Equal in Dignity and Right) : All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Article 2 (Prohibition of discrimination): Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.Furthermore no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it, be independent, trust, non-self governing or under any other limitation of sovereignty. Article3 (Right to Life, Liberty, and Security): Everyone has the right to life, liberty and security of person. Article 4 (Prohibition of Slavery): No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 5 (Prohibition of Torture): No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or Punishmen Article 6 (Right to recognition as person before the law): Everyone has the right to recognition everywhere as a person before the law Article 7 (Equality before the law):All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal promotion against any discrimination in violation of this Declaration and against any incitement to such discrimination
Article 8 (Right to an effective remedy) :Every one has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights guaranteed to him by the constitution or law.
Article 9 (Prohibition of Arbitrary Arrest) :No one shall be subjected to arbitrary arrest, detention, or exile
Article 10 Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him
Article 11 (Presumption of Innocence and no retroactive application of Penal Laws) :
1. Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has all the guarantees necessary for his defence. 2. No one shall be held guilty of any penal offence because of any act or omission of any act, which did not constitute a penal offence, under national, or international law, at the time when it was committed. No heavy penalty is to impose, than the one that was applicable at the time the penal offence was committed. VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Article 12 (Right to Privacy) :No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence, or to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13 (Freedom of Movement, exit, and Re-entry) :
1. Everyone has the right to freedom of movement and residence with the borders of each state. 2. Everyone has the right to leave any country including his own and to return to his country. 3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law which are necessary to protect national security, public order, public health or morals or the rights and freedoms of others and are consistent with the other rights recognized. 4. No one shall be arbitrarily deprived of the right to enter his own country.
Article 14(Right to Asylum) : 1. Everyone has the right seek and to enjoy in other countries asylum from persecution. 2. This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts contrary to the purposes and principles of the United Nations.
Article 15 (Right to Nationality) :
1. Everyone has the right to a nationality. 2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality
Article 16 (Right to Marry and Family Life):
1. Men and women of full age without any limitation due to race, nationality or religion have the right to marry and to found a family. They are entitled to equal right as to marriage, during marriage and at its dissolution. 2. Marriage shall be entered into only with the free and full consent of the intending spouses. 3. The family is the natural and fundamental group unit of society and is entitled to protection by society and the state Article 17 (Right to Property):
1. Everyone has the right to own property alone as well as in association with others 2. No one shall be arbitrarily deprived of his property
Article 18 (Freedom of thought, conscience and religion) :
Everyone has the right to freedom of thought conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private to manifest his religion or belief in teaching, practice, worship, and observance. VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Article 19 (Freedom of Opinion and Expression):
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers Article 20 (Freedom of Assembly and Association):
1. Everyone has the right to freedom of peaceful assembly and association. 2. No one may be compelled to belong to an association. Article 21 (Participation in Government):
1. Everyone has the right to take part in the Government of his country directly or through freely chosen representatives. 2. Everyone has the right of equal access to public service in his country Article 22 (Economic, Social and cultural Rights):Everyone as a member of society has the right to social security and is entitled to realization through national effort and international cooperation and in accordance with the organization and resources of each state of the economic social and cultural rights indispensable for his dignity and the freedom of his personality.
Article 23 (Right to Work) :
1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. 2. Everyone, without any discrimination has the right to equal pay for equal work. 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worth of human dignity, and supplemented, if necessary, by other means of social protection. 4. Everyone has the right to form and to join trade unions for the protection his interests. Article 24 (Right to Rest and Leisure): Everyone has the right to rest and leisure including reasonable limitation of working hours and periodic holidays with pay
Article 25 (Right to an adequate standard of living and health):
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including 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 his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26 (Right to Education) : VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
1. Everyone has the right to education. Education shall be free at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit. 2. Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations racial or religious groups and shall further the activities of the United Nations for the maintenance of peace. 3. Parents have a prior right to choose the kind of education that shall be given to their Children Article 27 (Right to Culture) :
1. Everyone has the right freely to participate in the cultural life of the community to enjoy the arts and to share in scientific advancement and its benefits. 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific literary or artistic product of which he is the author. Article 28 (Social and International Order) :
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized
Article 29 (Duties and Limitations):
1. Everyone has duties to the community in which alone the free and full development of his personality is possible. 2. In the exercise of his rights and freedoms everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and general welfare in a democratic society. 3. These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30 (No Abuse of Rights) :
Nothing in this Declaration may be interpreted as implying for any state, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth therein.
The International Covenant on Civil and Political Rights (ICCPR)
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly with resolution 2200A (XXI) on 16 December VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
1966, and in force from 23 March 1976 in accordance with Article 49 of the covenant. Article 49 allowed that the covenant will enter into force three months after the date of the deposit of the thirty-fifth instrument of ratification or accession. The covenant commits its parties to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedom of assembly, electoral rights and rights to due process and a fair trial. As of February 2017, the Covenant has 169 parties and six more signatories without ratification. The ICCPR is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and Cultural Rights (ICESCR) and the Universal Declaration of Human Rights (UDHR).
The Covenant follows the structure of the UDHR and ICESCR, with a preamble and fifty-three articles, divided into six parts.
Part 1 (Article 1) recognizes the right of all peoples to self-determination, including the right to "freely determine their political status",pursue their economic, social and cultural goals, and manage and dispose of their own resources. It recognises a negative right of a people not to be deprived of its means of subsistence, and imposes an obligation on those parties still responsible for non-self governing and trust territories (colonies) to encourage and respect their self- determination.
Part 2 (Articles 2 – 5) obliges parties to legislate where necessary to give effect to the rights recognised in the Covenant, and to provide an effective legal remedy for any violation of those rights. It also requires the rights be recognised "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status,"and to ensure that they are enjoyed equally by women. The rights can only be limited "in time of public emergency which threatens the life of the nation," and even then no derogation is permitted from the rights to life, freedom from torture and slavery, the freedom from retrospective law, the right to personhood, and freedom of thought, conscience and religion.
Part 3 (Articles 6 – 27) lists the rights themselves. These include rights to:
physical integrity, in the form of the right to life and freedom from torture and slavery (Articles 6, 7, and 8); liberty and security of the person, in the form of freedom from arbitrary arrest and detention and the right to habeas corpus (Articles 9 – 11); procedural fairness in law, in the form of rights to due process, a fair and impartial trial, the presumption of innocence, and recognition as a person before the law (Articles 14, 15, and 16); individual liberty, in the form of the freedoms of movement, thought, conscience and religion, speech, association and assembly, family rights, the right to a nationality, and the right to privacy (Articles 12, 13, 17 – 24); prohibition of any propaganda for war as well as any advocacy of national or religious hatred that constitutes incitement to discrimination, hostility or violence by law (Article 20); VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
political participation, including the right to the right to vote (Article 25); Non-discrimination, minority rights and equality before the law (Articles 26 and 27).
Many of these rights include specific actions which must be undertaken to realise them.
Part 4 (Articles 28 – 45) governs the establishment and operation of the Human Rights Committee and the reporting and monitoring of the Covenant. It also allows parties to recognise the competence of the Committee to resolve disputes between parties on the implementation of the Covenant (Articles 41 and 42).
Part 5 (Articles 46 – 47) clarifies that the Covenant shall not be interpreted as interfering with the operation of the United Nations or "the inherent right of all peoples to enjoy and utilize fully and freely their natural wealth and resources".
Part 6 (Articles 48 – 53) governs ratification, entry into force, and amendment of the Covenant.
Human Rights Day
The date was chosen to honour the United Nations General Assembly's adoption and proclamation, on 10 December 1948, of the Universal Declaration of Human Rights (UDHR), the first global enunciation of human rights and one of the first major achievements of the new United Nations. The formal establishment of Human Rights Day occurred at the 317th Plenary Meeting of the General Assembly on 4 December 1950, when the General Assembly declared resolution 423(V), inviting all member states and any other interested organizations to celebrate the day as they saw fit.
The day is normally marked both by high-level political conferences and meetings and by cultural events and exhibitions dealing with human rights issues. In addition it is traditionally on 10 December that the five-yearly United Nations Prize in the Field of Human Rights and Nobel Peace Prize are awarded. Many governmental and non-governmental organizations active in the human rights field also schedule special events to commemorate the day, as do many civil and social-cause organizations.
THE FUNDAMENTAL RIGHTS:
The Fundamental Rights are an integral part of the Indian Constitution. The basic human rights of all the citizens are defined as Fundamental Rights. In part III of the Constitution, it is stated that these rights are given irrespective of a person‘s gender, caste, religion, race, creed, or place of birth. These are enforceable by the courts, subject to precise restrictions. These are guaranteed by the Constitution of India as civil liberties according to which all the Indians can lead their lives in harmony and peace as citizens.
Classification of Fundamental Rights VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Fundamental Rights have been classified into 6 categories. They are:
1. Right to Equality 2. Right to Freedom 3. Right against Exploitation 4. Right to Freedom of Religion 5. Cultural and Educational Rights 6. Right to Constitutional Remedy
1. Right to Equality
This right states that all the citizens are equal before the law and there can be no discrimination of any manner. It also states that everyone shall have equal access to all the public places.
To provide equal opportunities, there is no reservation in government services except in the case of scheduled caste, scheduled tribes, and other backward classes, for war widows and physically handicapped person.
This right was mainly introduced to abolish untouchability, which was practiced in India for decades.
2. Right to Freedom
This right includes the freedom of speech, freedom of expression, freedom to form unions and associates, freedom to travel anywhere in India, freedom to live and settle in any part of India and the freedom to choose any profession.
It also states that any citizen of India has the full right to purchase, sell and hold property in any part of the country. People will have the liberty to indulge in any trade or business.
3. Right against Exploitation
This includes the prohibition of any form of forced labor. Children, below the age of 14 years are not allowed to work in mines or factories where the risk of life is involved. According to this, no person has the right to exploit other person in any way. Thus, human trafficking and begging have been made legal offenses and those found involved are to be penalized.
4. Right to Freedom of Religion
It states that all shall have right to freely adopt, practice and spread the religion of their choice and that the state shall not hinder in any religious affairs of any individual in any manner. All religions shall have a right to establish and uphold institutions for religious and charitable purposes and will be free to manage their own affairs in respect to these. VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
5. Cultural and Educational Right
This is one of the most important rights, as education is considered to be the primary right of each child. Cultural right states that every nation wants to preserve its cultural heritage. According to this right, all are free to develop the culture of their choice and free to get any type of education they want. No individual will be denied admission in any of the educational institutes on the basis of their culture, caste or religion. All the minorities have the right to establish their own educational institutes.
6. Right to Constitutional Remedy
This is a very special right given to the citizens. According to this right, a citizen has the power to go to the court in case any of the above mentioned fundamental rights are denied to him/her. The court stands as a guard against the breach of these rights. If in any case the government forcefully or intentionally does injustice to any individual or if a person is imprisoned without any reason or by the unlawful act then Right to Constitutional Remedy allows the person to go to the court and get justice against the actions of government.
Fundamental rights play a very significant role in the life of a citizen. These rights can defend during the time of complexity and difficulty and help us grow into a good human being.
THE DIRECTIVE PRINCIPLES OF STATE POLICY
The Directive Principles of State Policy incorporated under Chapter-IV from Article 36-Article 51 possess the following features:
Directive Principles of State Policy are some instructions to the State for achieving socio- economic development. Directive Principles of State Policy are not enforceable in the courts and no one can go near the court for its proper implementation. Directive Principles of State Policy are positive in nature. These principles increase power and functions of the State. Directive Principles of State Policy aims at establishment of a welfare state by securing social and economic justice. These principles are based on socialist thinking. These principles are indispensable for socio-economic development of our country .Because welfare and justices are the twin objectives of our Constitution. These principles have great moral value also. It constitutes the conscience of our Constitution. No responsible government. can dare to go against these principles. Directive Principles of State Policy constitute the mirror of public opinion .These principles always reflect the will of the people .These are embodied in the Constitution to the meet the aspirations of the people . These are fundamental in the governance of the country. The State should follow these principles for progress of the country. VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Socialist and Economic Principles: The socialist and economic principles always aim to shape our country in to a Welfare State. The State shall strive to minimize the inequalities in income and try to eliminate inequalities in status, facilities and opportunities among individuals and groups engaged in different vocations within the country. Thus promotion of welfare of people by securing a social order where justice shall prevail is the objective of our constitution. To ensure such objectives the State shall direct its policy in securing- adequate means of livelihood for all citizen irrespective of men and women equally
It includes Provision of work and compulsory education for all people, relief in case of unemployment, old age, sickness and disability equality of opportunity and status for all individuals and enforces prohibition of consumption of intoxicating drinks and drugs, safeguarding forest and wild life of the country and a uniform civil code throughout the country.
Gandhian Principles: Principles enjoined under Gandhian principles in Article 40, Article 43, Article 47 and Article 48 are some ideals of Mahatma Gandhi followed during his life time. Our constitution framers wanted to implement these ideals to fulfill his dream. The State shall take steps-
to organize village panchayats and endow them power and authority to enable them to function as unit of self-government. to promote cottage industries and village industries on an individual or co-operative basis in rural areas to prohibit consumption of intoxicating and injurious drinks and drugs to promote educational and economic interests of the weaker sections of the people particularly SCs, STs to establish social justice and equity to organize agricultural and animal husbandry on modern and scientific lines to prohibit the slaughter of cows and other useful cattle to protect and improve environment and safeguard the forests and wild life of the country to protect, preserve and maintain places of national historical importance to separate the judiciary from the executive.
International Principles: Principles enjoined in Art. 51 under international principles are some provisions to the State relating to ensure international peace and security. The State shall attempt
to promote international peace and security to maintain just and honorable relations between nations to foster respect for international law and treaty obligation to encourage settlement of international disputes by arbitration.
One of the distinctive features of Indian Constitution is the inclusion of the Directive Principles of State Policy or DPSPs. Borrowed from the Irish Constitution, the makers of our Indian Constitution incorporated these principles in Part IV of the Constitution from Art. 36 to VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Art. 51. These principles were deemed fundamental in the governance of the country which epitomized the hopes and aspirations of the Indian people.
The Directive Principles are some affirmative instructions to the State authorities to secure to all citizens justice- social, economic and political; liberty of thought, expression, belief, faith and worship; equality of status and opportunity; and to promote among them all fraternity assuring the dignity of the individual and the unity and integrity of the nation . These principles underline the philosophy of Democratic Socialism to secure the high ideals set forth in the Preamble to the Constitution. It is the duty of the State to follow these principles both in the matter of administration as well as in the making of laws because the basic aim of the Directive Principles is to establish a welfare state where economic and social democracy might flourish.
Fundamental duties:
When the Constitution came into force in 1950, no Fundamental Duties were enshrined in the Constitution of India. By the 42nd Amendment to the Constitution of India in 1976, ten Fundamental Duties have been added to our Constitution. These duties are important and necessary for the vital interest of our country. These Fundamental Duties are covered by Article 51 A incorporated in a new chapter, Part IV-A of the Constitution. Under this Article, it shall be the duty of every citizen of India –
to abide by the Constitution and respect the National Flag and the National Anthem to cherish and follow the noble ideals which inspired our national struggle for freedom to protect the sovereignty, unity and integrity of India to defend the country to promote the spirit of common brotherhood amongst all the people of India to preserve the rich heritage of our composite culture to protect and improve the natural environment to develop the scientific temper and spirit of inquiry to safeguard public property to strive towards excellence in all spheres of individual and collective activity
Fundamental Duties are like some noble advice of which some are civic duties and others are moral duties. They are not legally binding upon the citizens and even the courts cannot enforce them. So, Fundamental Duties are not enforceable by the courts of our country. No one can be punished if he/she does not perform his/her duties. Though there is no legal force behind these duties, yet they are integral part to the Constitution of India. These duties have moral impact and educative value upon the citizens. Therefore people obey these duties on moral obligation for welfare of the people.
VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
NATIONAL HUMAN RIGHTS COMMISSION (NHRC) The National Human Rights Commission was established on 12th October, 1993 under the legislative mandate of the Protection of Human Rights Act, 1993. This act also recommended for the setting up of State Human Right Commission at State level and Human Right courts along with NHRC. Constitution of a National Human Rights Commission consists of Chairperson, who has been a Chief Justice of India; One member who is or has been, a Judge of Supreme Court; One member who, is or has been, the Chief Justice of High Court; Terms and Conditions: 1. A member who is appointed as chairman will cease to be a member after the period of five years from the date of his appointment or the attainment of the age of 75 years of age whichever is earlier. 2. A member after the completion of five years can be reappointed again unless and until he is less than 75 years of age. 3. When a person is not reappointed as a member he/she will not be eligible to be employed for any post under the central govt. or the state govt. Action against chairman/Member 4. Any member or chairman can be removed only after the order of president in conditions such as misbehavior or incompetence, only after reference is made to the Supreme Court. Functions of the commission: The commission will perform all or any of the following functions under Sec. 12 of the act namely Enquiry the commission shall inquire, a petition presented to it by a victim or any person on his behalf The commission may intervene in any proceeding involving any allegation of violation of human rights pending before a court. The Commission is allowed to visit any jail or other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection, for the study of the living conditions of the inmates and make recommendations The commission may review the safeguards provided by or under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation The Commission shall review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures The Commission shall study treaties and other international instruments on human rights and make recommendations for their effective implementation The Commission shall undertake and promote research in the field of human rights VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
The Commission shall spread literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means. The Commission shall encourage the efforts of NGOs and institutions working in the field of human rights The commission may perform any such other functions as it may consider necessary for the protection of human rights. Powers of NHRC (I) The Commission shall, while inquiring into complaints under this Act, have all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters, namely : (a) Summoning and enforcing the attendance of witnesses and examining them on oath; (b) Discovery and production of any document; (c) Receiving evidence on affidavits; (d) Requisitioning any public record or copy thereof from any court or office; (e) Issuing commissions for the examination of witnesses or documents; (f) Any other matter which may be prescribed.
(II) The Commission shall have power to inquire any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters. (III) The Commission or any other officer, not below the rank of a Gazetted Officer, may enter any building or place where the Commission believes that any document relating to the subject matter of the inquiry may be found, and may seize such document. (IV) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or presence of the Commission the Commission may, forward the case to a Magistrate. (V) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Commission shall be deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of the Code of Criminal Procedure, 1973.
(VI)The Commission may, transfer any complaint filed or pending before it to the State Commission of the State from which the complaint arises, for disposal in accordance with the provisions of this Act; Provided that no such complaint shall be transferred unless the same is one respecting which the State Commission has jurisdiction to entertain the same.
(VII) Every complaint transferred under sub-section (6) shall be dealt with and disposed of by the State Commission as if it were a complaint initially filed before it. Procedure for the enquiry The Commission while inquiring into the complaints of violations of human rights may– VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
(i) call for information or report from the Central Government or any State Government or any other authority or organization subordinate thereto within such time as may be specified by it:- Provided that– (a) If the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own;
(b) if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly;
(ii) Without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature of the complaint, initiate an inquiry. Annual and special reports of the Commission (1) The Commission shall submit an annual report to the Central Government and to the State Government concerned and may at any time submit special reports on any matter which, in its opinion, is of such urgency or importance that it should not be deferred till the Submission of the annual report.
(2) The Central Government and the State Government, as the case may be, shall cause the annual and special reports of the Commission to be laid before each House of Parliament or the State Legislature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.
Over the past fifteen years the Commission has endeavoured to give a positive meaning and a content to the objectives set out in the Protection of Human Rights Act, 1993. It has moved vigorously and effectively to use the opportunities provided to it by the Act to promote and protect human rights in the country. However the commission faces some difficulties. Some of them are there is insufficient workforce, the commission doesn‘t have full-fledged investigative machinery and there is heavy backlog of cases.
STATE HUMAN RIGHTS COMMISSION –SHRC As mentioned earlier the Protection of Human Rights Act, 1993 recommends the constitution of National Human Rights Commission along with State Human Rights Commission in States for better protection of human rights. Constitution of State Human Rights Commissions VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
(1) A State Government may constitute a body to be known as them (name of the State) Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, a State Commission under this chapter. (2) The State Commission shall, with effect from such date as the State Government may by notification specify, consist of— (a) A Chairperson who has been a Chief Justice of a High Court; (b) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a minimum of seven years experience as District Judge; (c) one Member to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights. (3) There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and shall exercise such powers and discharge such functions of the State Commission as it may delegate to him. (4) The headquarters of the State Commission shall be at such place as the State Government may, by notification, specify. (5) A State Commission may inquire into violation of human rights only in respect of matters relatable to any of the entries enumerated in List II and List lll in the Seventh Schedule to the Constitution: Provided that if any such matter is already being inquired into by the commission or any other Commission duly constituted under any law for the time being in force, the State Commission shall not inquire into the said matter: Provided further that in relation to the Jammu and Kashmir Human Rights Commission, this sub- section shall have effect as if for the words and figures ―List ll and List lll in the Seventh Schedule to the Constitution‖, the words and figures ―List lll in the Seventh Schedule to the Constitution as applicable to the State of Jammu and Kashmir and in respect of matters in relation to which the Legislature of that State has power to make laws‖ had been substituted.
(6) Two or more State Governments may, with the consent of a Chairperson or Member of a State Commission, appoint such Chairperson or, as the case may be, such Member of another State Commission simultaneously if such Chairperson or Member consents to such appointment: Provided that every appointment made under this sub-section shall be made after obtaining the recommendations of the Committee referred to in sub-section(1) of section 22 in respect of the State for which a common Chairperson or Member, or both, as the case may be, is to be appointed. Appointment of Chairperson and Members of State Commission (1) The Chairperson and Members shall be appointed by the Governor by warrant under his hand and seal: Provided that every appointment under this sub-section shall be made after obtaining the recommendation of a Committee consisting of VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
(a) The Chief Minister — Chairperson (b) Speaker of the Legislative Assembly — Member (c) Home Minister of the State (d) Leader of the opposition in the Legislative Assembly Term of office of Chairperson and Members of the State Commission (1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he enters upon his office or until he attains the age of seventy years, whichever is earlier; (2) A person appointed as a Member shall hold office for a term of five years from the date on which he enters upon his office and shall be eligible for re-appointment for another term of five years; Provided that no Member shall hold office after he has attained the age of seventy years. (3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the Government of a State or under the Government of India. Functions and powers of the SHRC The functions and powers of the state commission are similar to those of National Human Rights Commission. The only difference is that the State commission cannot make a study of treaties. The state commission is empowered to study only those cases which are related to their particular state only. If a matter is with the State Commission then NHRC shall not deal with these matters. The present state commissions So far 18 states have set up their respective State Human Rights Commissions. These are: Jammu & Kashmir, Andhra Pradesh, Madhya Pradesh, Tamil Nadu, Chhattisgarh, Assam, Orissa, Kerala, Maharashtra, Punjab, Uttar Pradesh, Gujarat, Himachal Pradesh, Karnataka, Manipur, Rajasthan, West Bengal, Bihar
UNIT IV
Earlier women were facing problems like child marriage, sati pratha, parda pratha, restriction to widow remarriage, widows‘ exploitation, devadasi system, etc. However, almost all the old traditional problems have been disappeared gradually from the society but given rise to other new issues. Women are continuously facing many problems even after having self-confidence, individuality, self-respect, personality, capacity, talent, and efficiency more than men. They are facing problems in their daily life even after they are given equal rights and opportunities like men by the Constitution of India. Some of the major problems modern women are still facing mentioned below:
Violence against women: Women are being victims of violence at huge level day by day because of increasing crimes against women (according to the report of Crime Record Bureau of the Central Home Ministry). Woman is getting kidnapped at every 44 minutes, raped at every 47 VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
minutes, 17 dowry deaths every day, etc. They may face violence within the family (dowry related harassment, death, marital rape, wife-battering, sexual abuse, deprivation of healthy food, female genital mutilation, etc) or outside the family (kidnapping, rape, murder, etc). Gender discrimination: Women are considered as weaker section of the society than men and given less importance. Girl children are becoming real victims of the discrimination. There are also discrimination of power and work between men and women because of the patriarchal system families in India. Gender discrimination affects women in the areas like nutrition, education, health, care, decline of female population, job, public life, etc. Problems of female education: Women education percentage is low in India especially in the rural areas because they are discouraged for higher education like professional and technical education. Problems related to unemployment: Women are getting more problem in searching their suitable work. They become more prone to the exploitation and harassment in the work areas. They are given more work and hard tasks by their boss intentionally. They have to prove their devotion, seriousness and sincerity towards work time to time. Women who are uneducated more prone to divorce and desertion by their husbands on any stage of life. They have to live whole life with fear of divorce. In some cases they have to finish their life because of unbearable conditions. Dowry system is another huge women problem in the society which is increasing day by day. Women are ill-treated, man-handled, disrespected, tortured and suffer other cruelties (violence, murder and suicide) because of the lack of dowry at the time of marriage. It cause degradation of women status to a great extent.
Women excel in all fields including space exploration and rocket science. Women play a vital role in economic development of the country and their contribution is nothing short of their male counterparts. However there are still several issues and problems that women face today. Sometimes, they are not treated equally in their workplace and are considered as inferior to their male co-workers. In some cases they do not get the same benefits as that of a male employee. The major issues and problems that women face in their work places includes unequal pay, security, sexual harassment, lack of proper family support, deficient maternity leave, etc.
Problems Faced by Women at Workplace Sexual Harassment
It is a major issue that women face at their workplace and many women fall victim of sexual harassment at workplace. At times employers try to take sexual favors from women employee in return of other benefits and promotions. It can be classified into various categories like
Physical contact and advances Showing pornography A demand or request for sexual favors Any other unwelcome physical, verbal or non-verbal activities (like whistling, obscene jokes, comments about physical appearances, threats, innuendos, gender based derogatory remarks etc.) VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Unequal Pay
It is another issue that women face at their workplace. Even though, women prove to be more efficient than male employees most of the time, they are not paid equally.
Lack of Family Support
Lack of proper family support is another issue that working women suffers from. At times, the family doesn't support women to leave the household work and go to office. They also resist for women working till late in office which also hampers the performance of the women and this also affects their promotion.
Poor Security
It is another major issue that women face in the workplaces. Women working in BPO sector mostly fall victim of various crimes at workplace and this is due to lack of security provided to the employees. There are many cases that has been registered where women working at BPO sector have become victims of sexual abuses and rapes while going back home and this is due to lack of proper security.
Insufficient Maternity Leaves
Insufficient maternity leave is another major issue that is faced by a working mother. This not only affects the performance of women employees at work, but is also detrimental to their personal lives.
Consequences of Problems Faced by Women
Due to the various problems faced by women at workplace, an organization may have to face bad consequences of the same. Some of these are mentioned below:
Increased absenteeism and dropout rates Reduced efficiency Additional costs of recruitment & training on resignation Damage to image in the market Lawsuits and high legal costs involving court fees, settlements, etc
Conclusion
Policies and legal mechanisms alone cannot help in curbing the problems faced by women at work place - the overall attitude and acceptance level of the people of needs to change. Just letting women work outside home does not mean that society treats men and women equally. The issues and problems that women face in their workplaces should be put to an end and then VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. only it can be said that men and women have equal status. Although there are various laws that are made for protection of women even in workplace but due to lack of proper implementation and interpretation of law, it has not been quite effective in protecting women from the crimes and inequality in the workplace. Organizations are going out of their way to ensure they provide safe work environment for their women employees, and are also putting up policies to ensure the women feel motivated to work and continue their career, even after child birth.
Steps taken by Government regarding Women’s Safety
There are various rules, regulations, act and laws made by the Indian government regarding the safety of women in India. However, a new act (Juvenile Justice (Care and Protection of Children) Bill, 2015) has been passed by the Indian government by replacing the earlier one of 2000 (Indian juvenile delinquency law of 2000) to reduce the juvenile age from 18 to 16 years especially in case of heinous offenses Abortion
Abortion is the ending of pregnancy by removing a fetus or embryo before it can survive outside the uterus. An abortion that occurs spontaneously is also known as a miscarriage. An abortion may be caused purposely and is then called an induced abortion. Sonography and amniocentesis allow parents to determine sex before childbirth. The development of this technology has led to sex-selective abortion, or the termination of a fetus based on sex. The selective termination of a female fetus is most common.Sex-selective abortion is partially responsible for the noticeable disparities between the birth rates of male and female children in some countries. The preference for male children is reported in many areas in India. This deviation from the standard birth rates of males and females occurs despite the fact that the country in question may have officially banned sex-selective abortion or even sex-screening .Many countries have taken legislative steps to reduce the incidence of sex-selective abortion. At the International Conference on Population and Development in 1994 over 180 states agreed to eliminate "all forms of discrimination against the girl child and the root causes of son preference".
Female infanticide
Female infanticide is the deliberate killing of newborn female children.The dowry system in India is one given reason for female infanticide; over a time period spanning centuries it has become embedded within Indian culture. Although the state has taken steps to abolish the dowry system, the practice persists, and for poorer families in rural regions female infanticide and gender selective abortion is attributed to the fear of being unable to raise a suitable dowry and then being socially ostracized.According to women's rights activist Donna Fernandes, some practices are so deeply embedded within Indian culture it is "almost impossible to do away with VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. them", and she has said that India is undergoing a type of "female genocide". The United Nations has declared that India is the most deadly country for female children, and that in 2012 female children aged between 1 and 5 were 75 percent more likely to die as opposed to boys. The children's rights group (CRY) has estimated that of 12 million females born yearly in India 1 million will have died within their first year of life. The practice of female infanticide in Tamil Nadu among the Kallars and the Todas was reported. In June 1986 it was reported by India Today in a cover story Born to Die that female infanticide was still in use in Usilampatti in southern Tamil Nadu. The practice was mostly prevalent among the dominant caste of the region, Kallars.
Child Marriage:
Child marriage in India, according to the Indian law, is a marriage where either the woman is below age 18 or the man is below age 21. Most child marriages involve underage women, many of whom are in poor socio-economic conditions.
Child marriages were prevalent in India. Estimates vary widely between sources as to the extent and scale of child marriages. The International Center for Research on Women-UNICEF publications have estimated India's child marriage rate to be 47% from small sample surveys of 1998, while the United Nations reports it to be 30% in 2005. The Census of India has counted and reported married women by age, with proportion of females in child marriage falling in each 10 year census period since 1981. In its 2001 census report, India stated zero married girls below age 10, 1.4 million married girls out of 59.2 million girls aged 10–14, and 11.3 million married girls out of 46.3 million girls aged 15–19.Since 2001, child marriage rates in India have fallen another 46%, reaching an overall nationwide average 7% child marriage rates by 2009.Jharkhand is the state with highest child marriage rates in India (14.1%), while Kerala is the only state where child marriage rates have increased in recent years. Rural rates of child marriages were three times higher than urban India rates in 2009. Laws against child marriage
The Child Marriage Restraint Act of 1929
The Child Marriage Restraint Act, also called the Sarda Act, was a law to restrict the practice of child marriage. It was enacted on 1 April 1930, extended across the whole nation, with the exceptions of some princely states like Hyderabad and Jammu and Kashmir, and applied to every Indian citizen. Its goal was to eliminate the dangers placed on young girls who could not handle the stress of married life and avoid early deaths. This Act defined a male child as 21 years (originally 18) or younger, a female child as 18 years (originally 14) or younger, and a minor as a child of either sex 18 years or younger (originally 14). The punishment for a male between 18 and 21 years marrying a child became imprisonment of up to 15 days, a fine of 1,000 rupees, or both. The punishment for a male above 21 years of age became imprisonment of up to three months and a possible fine. The punishment for anyone who performed or directed a child marriage ceremony became imprisonment of up to three months and a possible fine, unless he VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. could prove the marriage he performed was not a child marriage. The punishment for a parent or guardian of a child taking place in the marriage became imprisonment of up to three months or a possible fine. It was amended in 1940 and 1978 to continue raising the ages of male and female children.
The Prohibition of Child Marriage Act, 2006
In response to the plea (Writ Petition (C) 212/2003) of the Forum for Fact-finding Documentation and Advocacy at the Supreme Court, the Government of India brought the Prohibition of Child Marriage Act (PCMA) in 2006, and it came into effect on 1 November 2007 to address and fix the shortcomings of the Child Marriage Restraint Act. The change in name was meant to reflect the prevention and prohibition of child marriage, rather than restraining it. The previous Act also made it difficult and time consuming to act against child marriages and did not focus on authorities as possible figures for preventing the marriages. This Act kept the ages of adult males and females the same but made some significant changes to further protect the children. Boys and girls forced into child marriages as minors have the option of voiding their marriage up to two years after reaching adulthood, and in certain circumstances, marriages of minors can be null and void before they reach adulthood. All valuables, money, and gifts must be returned if the marriage is nullified, and the girl must be provided with a place of residency until she marries or becomes an adult. Children born from child marriages are considered legitimate, and the courts are expected to give parental custody with the children's best interests in mind. Any male over 18 years of age who enters into a marriage with a minor or anyone who directs or conducts a child marriage ceremony can be punished with up to two years of imprisonment or a fine.
Applicability
Muslim organizations of India have long argued that Indian laws, passed by its parliament, such as the 2006 child marriage law do not apply to Muslims, because marriage is a personal law subject. The Delhi High Court, as well as other state high courts of India, have disagreed. The Delhi Court, for example, ruled that Prohibition of Child Marriage Act, 2006 overrides all personal laws and governs each and every citizen of India The ruling stated that an under-age marriage, where either the man or woman is over 16 years old, would not be a void marriage but voidable one, which would become valid if no steps are taken by such court as has option[s] to order otherwise. In case either of the parties is less than 18 years old, the marriage is void, given the age of consent is 18 in India, sex with minors under the age of 18 is a statutory crime under Section 376 of Indian Penal Code.
Various other High courts in India - including the Gujarat High Court, the Karnataka High Court and the Madras High Court - have ruled that the act prevails over any personal law (including Muslim personal law).
Eve teasing: VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Eve teasing is a sexual harassment or molestation of women by men, the name "Eve" alluding to the very first woman, according to the Biblical creation story.Considered a problem related to delinquency in youth, it is a form of sexual aggression that ranges in severity from sexually suggestive remarks, brushing in public places and catcalls, to groping. Sexual harassment by strangers, as with any type of harassment, has been a notoriously difficult crime to prove, as perpetrators often devise discreet ways to harass women, although Eve teasing usually occurs in public spaces and streets and on public transport.The feminist publication Rethinking Violence Against Women referred to this behavior as a kind of "little rape".
Indian law doesn't use the term Eve teasing, victims earlier usually seek recourse through Section 294 of the Indian Penal Code, which sentences a man found guilty of making a girl or woman the target of obscene gestures, remarks, songs or recitation to a maximum jail sentence of three months. Section 292 of the IPC clearly spells out that showing pornographic or obscene pictures, books or papers to a woman or girl results in a fine of 2,000 (US$31) with two years imprisonment for first offenders. In the case of a repeated offense, the offender may have a fine of 5,000 (US$78) with five years imprisonment imposed. Under Section 509 of the IPC, obscene gestures, indecent body language and negative comments directed at any woman or girl or exhibiting any object which intrudes upon the privacy of a woman, carries a penalty of imprisonment for one year or a fine or both. The Criminal Law (Amendment) Act, 2013 introduced changes to the Indian Penal Code, making sexual harassment an expressed offence under Section 354 A, which is punishable up to three years of imprisonment and or with fine. The Amendment also introduced new sections making acts like disrobing a woman without consent, stalking and sexual acts by person in authority an offense.
The National Commission for Women (NCW) also proposed No 9. EveTeasing (New Legislation) 1988. The Indian Parliament has passed The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal ) Act, 2013, which add protections for female workers in most workplaces. The Act came into force from 9 December 2013.
Acid attack
Acid throwing, also called an acid attack, a vitriol attack or vitriolage, is a form of violent assault defined as the act of throwing acid or a similarly corrosive substance onto the body of another "with the intention to disfigure, maim, torture, or kill". Perpetrators of these attacks throw corrosive liquids at their victims, usually at their faces, burning them, and damaging skin tissue, often exposing and sometimes dissolving the bones
The motivation behind acid attacks in India mirrors those in Bangladesh: Revenge, viz. 34% of the analyzed print media in India cited rejection of marriage or refusal by women of sexual advances as the cause of the attack and dowry disagreements have been shown to spur acid attacks. Land, property, and/or business disputes accounted for 20% of acid assaults in India from 2002 to 2010. Illustrative cases of acid attack include Sonali Mukherjee's case of 2003 in Jharkhand for protesting sexual harassment, and Muhammad Razaq's case in Jammu & Kashmir in 2014 for an acid attack on his wife for not bringing enough dowry. VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
During the 2002 riots in Gujarat, targeted violence against Muslim women and children documented by civil society groups reported "mass rapes, live burials and burnings, acid attacks, impaling, and other brutal forms of torture that was deeply gendered, and linked violence against women with violence on their children – both born and unborn"
Rape:
Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without that person's consent. Rape is the fourth most common crime against India. According to the National Crime Records Bureau (NCRB) 2013 annual report, 24,923 rape cases were reported across India in 2012. Out of these, 24,470 were committed by someone known to the victim (98% of the cases).India has been characterised as one of the "countries with the lowest per capita rates of rape". According to NCRB 2015 statistics, Madhya Pradesh has the highest raw number of rape reports among Indian states, while Jodhpur has the highest per capita rate of rape reports in cities. Several rape cases in India received widespread media attention and triggered protests since 2012.This led the Government of India to reform its penal code for crimes of rape and sexual assault.
Dowry System;
Marriage is an integral part of society, a source of joy and festivities as well as of new beginnings. Yet, one of the longest standing evils associated with marriage from a woman‘s point of view in the Indian society is the Dowry system. Despite a lot being said and done against the custom, it is still prevalent in the 21st century, in both subtle and obvious ways. The root of a host of social atrocities against women, the custom of presenting dowry is the crudest expression of the male-dominance in the society. It is most often the mandatory custom of a girl‘s parents having to provide a considerable amount of cash, gold in the form of jewelry, electronic equipment, movable or immovable properties, to the groom and his family, at the time of marriage. Although the origin of the custom lies with parents trying to assure financial stability for their daughters, in current perspective it has translated into parents paying up for the assurance of well-being of their daughters. The jewelry and cash that a bride brings with her from her parents‘ house is often referred to as ―Streedhan‖ and in theory is the property of the girl, but in reality it is often treated as their rightful due by the groom‘s family. The sum to be paid as dowry has no set standard, the yardstick greatly depends on the groom‘s profession/social standing and is often perceived as the groom‘s family as the compensation of efforts they have made to educate their boy. In a more subtle perspective, one may define this custom as the unquestioned idea that the girl‘s family is inferior in standing with the boy‘s family, no matter what her qualities are. Thus they need to be on their best behavior and offer lavish ―gifts‖ to please the boy‘s family. This ideal is so ingrained in the psyche of a large number of Indians, they either practically ruin themselves financially in order to pay for the appropriate price of the chosen groom, or make a bid to eradicate the prospect of this financial burden by selective gender-biased abortion or female infanticide.This exploitative system that has turned the custom of giving gifts and well wishes into a compulsory demand for money, respect and subjugation, is VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. the one of the major contributing factors hindering the growth of the Indian society where being a woman is still viewed synonymous to being a burden.
Causes of Dowry System
1. Greed Factor – dowry demands often is exemplary of the collective greed of the society. Extortion in the name of social standing, compensation for the cost of groom‘s education, his financial stability is a key feature of Indian marriages. Demands are put forward shamelessly and are expected to be met with silence. Threats of withdrawing the proposal looms on the bride‘s family‘s head at the cost of losing face in the community, and portions of the agreed upon sum is often demanded before the actual ceremony.
2. Society Structure – the dowry system is largely the manifestation of the patriarchal nature of the Indian society where men are considered superior to women in aspects of physical and mental capabilities. With the backdrop of such societal structure, women are often considered second-tier citizens, fit to assume only domesticated roles. Such perceptions are often associated of them being treated as a burden in economic terms first by the father and then by the husband. This feeling is further compounded by the dowry system which fuels the belief that girl child is a potential cause of drain of family finances.
3. Religious Dictates – Religious constraints imposed by the society on marriage customs, mainly suitability of groom have a contributing factor towards the dowry problem. These constraints do not condone inter-religious marriages or even between different religious sects and a suitable groom has to be found from the same religious backgrounds. These restrictions limit the number of suitable matches. Boys of marriageable age with desirable qualifications become a prize and this in turn encourages the practice of the catch being caught by the highest bidder.
4. Social Constraints – Aside from similar religious backgrounds, further constrains are imposed based on caste system and social status. Practices like caste endogamy and clan exogamy, has to be kept in mind while arranging a match. Preferred matches have to belong to the same caste, different clan and same or higher social standings. These limitations again severely deplete the pool of marriageable men leading to similar consequences for demanding dowry.
5. Social Status of Women – the inferior social standing of women in Indian society is so deep- rooted in the psyche of the nation, that this treatment of them as mere commodities is accepted without question, not only by the family but by the women themselves. When marriage is viewed as the ultimate achievement for women, evil practices like dowry takes its roots deeper in the society.
6. Illiteracy – lack of formal education is another cause for the prevalence of the dowry system. A large number of women are deliberately kept from schools either due to certain superstitions or from the belief that educating girls will take away from their eligibility as good wives. VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
7. Propulsion Towards Adhering to Customs – Indians value traditions a lot and they tend not to question customs. They follow traditions blindly and provide dowry because it is the norm handed down through generations.
8. Urge to Show Off – dowry is often a means for showing off social stature in our country. One‘s worth in society is often measured by how much one spends in daughter‘s wedding or how much gold one gives to them. This perspective heavily justifies the practice of dowry demands. The boy‘s family in turns gains new heights of social standings based of the amount of dowry their new bride brings in which is indicator of how desirable their boy was in the marriage market.
Effects of Dowry System a. Injustice towards girls – dowry bears a huge financial obligation for the bride‘s family. As a consequence, a girl child is viewed a possible source of drain on the family‘s finances, ultimately an onus. This view evolves into gigantic proportions taking the shape of infanticides and feticides of girl child. Girls are often marginalized in the areas of education where boys of the family are given preference. They are thrust towards domestic chores from a very early age. A host of restrictions are imposed on them in the name of family honour and they are made to stay indoors. Child marriages are still practiced because age is counted as an index of purity. It also stems from the belief that young girls can be better molded into the household roles than older girls. The amount of dowry increases according to the girl‘s age, fuelling the practice. b. Violence against women – contrary to hopeful parents, dowry is often not a one-time pay up. Demands are continuously made by the husband‘s family who consider the girl‘s family as a never ending source of finance. Inability by the girl‘s family often leads to verbal abuse, domestic violence and even deaths. Brides being burned by the in-laws are hardly a novelty in this country. Continuous physical and mental torture instigates women to go into depression and commit suicide. 2016 figures indicate that in India, 20 women die every day due to dowry related issues. c. Economic burden – getting a girl married is associated with a hefty amount of money by Indian parents due to direct or subtle demands for dowry by the groom‘s family. Families often borrow heavily, mortgage properties leading to major decline in economic health. d. Gender inequality – the idea of paying dowry in order to get a girl married generates an increased sense of inequality among the genders, placing men superior to women. Young girls are kept from schools while their brothers are given access to education. They are regarded incompetent for roles other than housework and are often discouraged from taking up jobs. Their opinions are suppressed, not valued or ignored more often than not. Physical and behavioral restrictions are imposed on girls that are completely natural for boys.
e. Gender imbalance – the much abhorred practices like abortion of female fetuses and killing of girl babies have resulted into an unnaturally skewed child sex ratio (CSR) in India. In states VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. like Haryana and Rajasthan where these practices are most prevalent, the CSR stands at 830 girls per 1000 boys. This in turn leads to peculiar practices like polyandry and an increase in violence against women. f.Loss of self-esteem in women – in a country which has experienced centuries of inferior attitude towards women, it is very hard to maintain a high level of self-regard if you are a woman. Naturally, women themselves are bound in the shackles of an idea that they are incapable of any contributions to the society. Their sense of self-worth hits rock bottom and they are increasingly subjugated to injustice. g.Status of women –practices like dowry are social evils and a huge deterrent towards improvement of social status of women in India. Inferiority of women has been impressed upon the minds of the nation time and again by the demands of dowry.
Solutions to Dowry System
1. Law – several laws have been enacted to prohibit the practice of dowry and the injustice against women stemming from it. The Dowry Prohibition Act was passed on 20th May, 1961 with an aim to eradicate the evil practice from the society. The act declares not only the practice of accepting dowry unlawful, but also penalizes giving of the same. It includes property, valuable security like cash and jewelry exchanging hand during the marriage. Making demands of dowry is punishable by a minimum imprisonment of 5 years and a minimum fine of 15,000 rupees. Incidences of cruelty by the husband or his family against the wife have been addressed in the Section 498A of the Indian Penal Code and Section 198A in the Criminal Procedure Code. Section 113A added in the Indian Evidence Act further provides the family of the bride to charge the husband‘s family of abetting suicide of their daughter within 7 years from the date of marriage.
Domestic violence:
In 1983, domestic violence was recognised as a specific criminal offence by the introduction of section 498-A into the Indian Penal Code. This section deals with cruelty by a husband or his family towards a married woman. Four types of cruelty are dealt with by this law:
conduct that is likely to drive a woman to suicide, conduct which is likely to cause grave injury to the life, limb or health of the woman, harassment with the purpose of forcing the woman or her relatives to give some property, or harassment because the woman or her relatives is unable to yield to demands for more money or does not give some property.
The punishment is imprisonment for upto three years and a fine. The complaint against cruelty need not be lodged by the person herself. Any relative may also make the complaint on her behalf. VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Forms of "cruelty" recognised by the Courts:
Persistent denial of food, Insisting on perverse sexual conduct, Constantly locking a woman out of the house, Denying the woman access to children, thereby causing mental torture, Physical violence, Taunting, demoralising and putting down the woman with the intention of causing mental torture, Confining the woman at home and not allowing her normal social intercourse, Abusing children in their mother's presence with the intention of causing her mental torture, Denying the paternity of the children with the intention of inflicing mental pain upon the mother, and Threatening divorce unless dowry is given.
UNIT-V
UNIT-V
The All India Democratic Women's Association (AIDWA) wing of the Communist Party of India (Marxist)
The All India Democratic Women's Association (AIDWA) is an independent left oriented women's organisation committed to achieving democracy, equality and women's emancipation. AIDWA members are from all strata in society, regardless of class, caste and community. It has an organizational presence in 22 states in India, with a current membership of more than 9 million. About two-thirds of the organsation's strength is derived from poor rural and urban women.AIDWA was founded in 1981 as a national level mass organisation of women. However, several state units of the organisation came into existence in the crucible of the freedom struggle, each with a commendable record of anti-imperialist and pro-working class actions.AIDWA believes the emancipation of women in India requires fundamental systemic change. It upholds secular values and challenges and resists cultural practices demeaning to women.We are growing with your participation. Join us to be active members of the movement and build a better human race which values equality
History and scope
Pappa Umanath founded the Democratic Women's Association in Tamil Nadu in 1973, working for women's rights and for their education, employment and status, along with issues like casteism, communalism, child rights and disaster aid. Several other affiliated State-based VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. organisations developed, and the unified All India Democratic Women's Association (AIDWA) was established in 1981.AIDWA has an annual membership fee of one rupee, which allows it policy-independence from donor agencies and government. In 2007, it had over 10 million members, spread across 23 states.
2002 campaign against Hindustan Lever advertising
Subtle cultural norms can be easily transgressed. In 2002, widespread protests forced Hindustan Unilever Limited. (the Indian subsidiary of London-based Unilever) to cancel a television ad campaign for its fairness cream because of its portrayal of women. The campaign was built around the theme of a father lamenting "If only I had a son" while showing his problem: a dark-skinned, unattractive daughter. She uses the Fair & Lovely cream and has become a gorgeous light-skinned beauty. Clad in a stylish miniskirt, she is a successful airline flight attendant and takes her father to dine at a five-star hotel. AIDWA lodged a complaint with the National Human Rights Commission in New Delhi. It argued endorsing the traditional preference for sons strengthens gender discrimination, which is a major problem in India. Furthermore, said AIDWA, the ad perpetuated a culture of discrimination in a society where "fair skin" is synonymous with "beautiful." The government's Ministry of Information and Broadcast sided with AIDWA and directed stations not to air the ads because they violated the Cable and Television Networks Act of 1995 which states that no advertisement shall be permitted which "derides any race, caste, color, creed and nationality" and furthermore states that, "Women must not be portrayed in a manner that emphasizes passive, submissive qualities and encourages them to play a subordinate secondary role in the family and society." The minister told Parliament that if broadcasters do not regulate ad content the government will be forced to do so. The Mumbai-based Advertising Standards Council of India (ASCI), a body of advertisers and media agencies, insisted that it should do the regulating not the government. ASCI had already told Hindustan Lever that its ad campaign was offensive and it was ended.
National Conference of AIDWA
The first National Conference of AIDWA was held at Chennai in 1981, with delegates from 12 states representing 590,000 members. The eighth National Conference was held at Kolkata in 2007, with 951 delegates from 23 states, representing a membership of around 18,600,000. Former West Bengal Chief Minister Jyoti Basu addressed the inaugural session.
10th National Conference
AIDWA's 10th National Conference was held in Bodh Gaya, Bihar, from 22 to 25 November 2013. It started with flag hoisting by AIDWA's national president Shyamali Gupta and homage to martyrs who sacrificed their lives for women's emancipation and social justice. The inaugural session featured a special session titled "Women against Violence: Fighting for Justice, Resisting Violence, Claiming Rights", wherein women from across the country who have been fighting the battle against violence, discrimination and social injustice in various forms which includes domestic and political violence, sexual assault, fight for land rights, fight against caste and VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. communal discrimination and against terrorism spoke. The women who spoke included representative of the Vachathi tribal mass rape survivor from Tamil Nadu, Parandhayi, who stood up against her sexual assault by forest and police officials for 19 years and finally succeeded in getting justice.
Amnesty International
It is an international Nongovernmental organization which was started in 1961. Peter Benenson an advocate wrote an article in the observer news paper and started a campaign appeal for amnesty because two students who raised a toast for independence were arrested; this was the reason for writing the article. At present Irene Khan is the secretary general of the organization. Amnesty international have over 2 million subscribers and supporters who fight for protection of human rights.
Amnesty International India
Amnesty International India is a country unit of the Amnesty International network, and is part of a global movement promoting and defending human rights and dignity.
Amnesty International is an organization of more than 7 million supporters, activists and volunteers in over 150 countries which is independent of government, corporate or national interests. Amnesty International works to protect human rights worldwide. Its vision is one of a world in which every person - regardless of race, religion, gender, or ethnicity - enjoys all of the human rights enshrined in the Universal Declaration of Human Rights and other international human rights standards.
History
An Amnesty International office was first set up in India in Bihar in 1966. Since then, the nonpartisan organization has worked on torture, prisoners of conscience, abusive laws, women‘s rights, corporate accountability and other human rights violations. It also seeks to promote human rights education in schools and colleges, and describes itself as working to uphold rights guaranteed by the Constitution of India.
Campaigns
Amnesty India‘s ‗ready to report‘ campaign on violence against women seeks to challenge the stigma and discrimination against survivors of sexual violence, and ensure that women who choose to report sexual violence can do so safely and without facing prejudice. The organization is collaborating with Railway Protection Force, Western Railways in Mumbai to promote and ensure women passengers‘ right to safety. The organization runs a ‗human rights education‘ program to bring values and principles of human rights into schools and colleges. It also runs a campaign to reduce the number of under-trials in jails in India, especially those languishing beyond the term of what their conviction would have been. Among others, the VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. organization also maintains a ‗business and human rights‘ campaign to ensure that governments protect and companies respect human rights across business operations. Amnesty India's high- profile campaigns include seeking justice for the victims in the 1984 anti-Sikh riots. as well as opposing the use of the death penalty in India. The organization opposed the executions of Ajmal Kasab, Afzal Guru and Yakub Memon.
ASIA WATCH
Established in the year 1986, we are engaged in offering services for wide array of pressure instrument, elector-technical instruments, thermal instruments, etc. Our main goal is to meet the qualitative needs of the clients and offer them best services according to their specification. We are engaged in meeting the international qualitative standards to achieve the maximum satisfaction of the clients. The precision calibration & services private limited is blessed with a team of highly knowledgeable professionals engaged in offering qualitative services to fetch the needs of the clients. We are dedicated towards timely delivery of calibration and testing services for vast range of instruments to the clients at competitive prices. We have highly organized laboratories for conducting accurate testing of the instruments. The labs are equipped with latest technology equipment handled by our team well trained and skilled professionals engaged in the introducing new techniques for offering qualitative services to our clients.
PEOPLE'S WATCH
People's Watch is an Indian Human Rights NGO founded by a group of social activists in 1995 and is based in Madurai in the southern Indian state of Tamil Nadu. Originally working solely in Tamil Nadu, People's Watch has recently moved into working at a national level with funding provided by the European Union and other donor agencies for the National Project on the Prevention of Torture in India. People's Watch is widely recognized as the leading Human Rights organization in India.
From 1995-98, People's Watch concentrated its activities on monitoring of human rights violations. This was the mandate of its governing body and the Program Advisory Board. It was soon realized that monitoring alone was insufficient. In 1998, People's Watch began legal intervention on behalf of victims. By 2000, this work had grown and more field monitoring associates were hired at both zonal and regional levels. By 2001, People's Watch was working in 11 areas of Tamil Nadu. Soon after, the need to launch a full-fledged awareness building Campaign for Human Rights became clear, and this was followed, soon afterward, by the realization that victim rehabilitation was also essential. Monitoring, intervention and even winning compensation from the courts was not enough for those who had survived torture, abuse and imprisonment. They desperately needed medical, psychological and vocational help as well. Preceding the United Nations Decade for Human Rights Education, People's Watch began a vigorous training and education program. VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
Building on a mandate to monitor violations the growth and development of a broad range of individuals People's Watch initiated in committed to, knowledgeable and skilled in human rights work, 1997–98, the first Human Rights Education program in nine Tamil Nadu schools in 9th standard. By 2002-2005, standards 6-9th was involved in human rights education in nearly 800 schools, and teachers and students alike were reporting extraordinary classroom interest and enthusiasm. The need for human rights education at the college level was clear, as was the need to reach law students, movements, other NGOs, professional groups, elected representatives, trade unions, political parties and the media. By 2004, when the Strategic Planning process began, People's Watch had developed into a highly respected, effective NGO, making connections, facilitating programs and spreading both a heightened awareness and an imperative to be an agent for change.
Human Right and NGO
Human rights as the ‗Rights relating to life, liberty, equality, and dignity of individuals guaranteed by the constitution or embodied in international covenants and enforceable by the courts in India‘
The term non-governmental or, more accurately non-profit is normally used to cover the range of organizations which go to make up civil society. Such organizations are characterized, in general, by having as the purpose of their existence something other than financial profit. However, this leaves a huge multitude of reasons for existence and a wide variety of enterprises and activities. NGOs range from small pressure groups on, for example, specific environmental concerns or specific human rights violations, through educational charities, women's refuges, cultural associations, religious organizations, legal foundations, humanitarian assistance programs.The Economic and Social Council may make suitable arrangements for consultation with nongovernmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.
NGO‘s have a vital role to play in the promotion and protection of human right specially in the developing country, has the largest number of NGO‘s whose activates are spared in different fields for the welfare of human being including the promotion and protection of human right.
Role of NGO
―The 21st Century will be an era of NGOs.‖ — Kofi Annan, Former UN Secretary General The world conference on human right was held in Vienna in Austria in 1993, with objective ―to review and assess the progress made in the field of human right‖. The resolution no 38 of the declaration stated –the world conference on human right recognizes the important role of Non Government Organization in the promotion of all human right and in humanitarian.
NGO organization have functioned as the conscience of the national in the field of human right VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. by taking prompt action to investigate the instance human right by undertaking and the spot studies and publishing the observations.
NGOs play a pivotal, role in many fields, such as in prevention of HIV/AIDS, to educate to teach and train vulnerable groups, child care, child exploitation, child labour, bonded labour, in sex tourism, and providing counselling in number of matters including domestic disputes, subject relating to rights of women and children and so on.
Among the wide variety of roles that NGOs play, the following are important The Social Welfare Role - where relief and charity are key actions. NGOs in this role can be seen as initiating internal programs and projects.
The Mediatory Role - where communication as a skill is important for development and social action. NGOs in this role can be seen as participating or taking up external programs and projects.
The Consultative Role - where support documentation and dissemination of information and expertise is critical. NGOs in this role can be seen as working in collaborative programs. Local experts/professionals/resource persons play major secondary roles.
Development and Operation of Infrastructure: Community- based organizations and cooperatives can acquire, subdivide and develop land, construct housing, provide infrastructure and operate and maintain infrastructure such as wells or public toilets and solid waste collection services.
Supporting Innovation, Demonstration and Pilot Projects: NGO have the advantage of selecting particular places for innovative projects and specify in advance the length of time which they will be supporting the project - overcoming some of the shortcomings that governments face in this respect.
Facilitating Communication: The significance of this role to the government is that NGOs can communicate to the policy-making levels of government, information about the lives, capabilities, attitudes and cultural characteristics of people at the local level. NGOs can facilitate communication upward from people to the government and downward from the government to t he people.
Technical Assistance and Training: Training institutions and NGOs can develop a technical assistance and training capacity and use this to assist both CBOs and governments.
Research, Monitoring and Evaluation: Innovative activities need to be carefully documented and shared - effective participatory monitoring would permit the sharing of results with the people themselves as well as with the project staff.
Advocacy for and with the Poor: VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
In some cases, NGOs become spokespersons or ombudsmen for the poor and attempt to influence government policies and programs on their behalf. This may be done through a variety of means ranging from demonstration and pilot projects to participation in public forums and the formulation of government policy and plans, to publicizing research results and case studies of the poor. Thus NGOs play roles from advocates for the poor to implementers of government programs; from agitators and critics to partners and advisors; from sponsors of pilot projects to mediators. Role of NGO at International level in protecting human right:
At the international level, the status of human rights is watched by many NGOs. Amnesty International is one such organization. This Organization is dedicated to publicizing violation of human rights, especially freedom of speech and religion and right of political dissent. It also works for the release of political prisoners and, when necessary, for the relief of their families. For its commendable services in the field of human rights, Amnesty International was awarded the Nobel Prize for peace in 1977.
Role of NGOs in protecting Human Right through Judiciary and NHRC:
NGOs have played an important role in the protection of human rights. They cannot succeed in their role unless there is help from the judiciary. The NGOs help the victim of human right violation by providing them assistance and advice. The NGOs have filed cases, writ petitions and public interest litigation on behalf of victims and public at large for protection of human rights. The NGOs have fought against the system of bonded lab our, fake encounters by police, protection of women children‘s rights, custodial violence and custodial death, prevention of torture and other in human practices. The judiciary has passed appropriate order and given compensation to the victims on a petition by the NGOs. The NHRC encourages NGOs in the of human rights. The NGOs also take up cases of violation to the NHRC and state human rights commissions.
The following are some examples in which NGO take an action in court for protecting human right:
Vishaka & Ors vs State of Rajasthan & Ors
Peoples‘ Union For Democratic Rights V. State Of Bihar & Ors (19 December 1986)
Bandhua Mukti Morcha vs Union Of India & Ors (16 December 1983)
Saheli V/S Commissioner Of Police VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001.
People‘s Union for Democratic Rights V/s Police commissioner Delhi, head quarters 1989 4 SCC 730.
Conclusion: Peace, development and human rights are essentially inter-related, inter-dependent and indivisible.‖ – Theo van Boven
The NGO play important role to become a concrete expression of international, national and regional and local level voice to assist and stand up for those who can‘t speak themselves. Every human being is entitled to certain basic human rights which are available to them without discrimination of any sort human rights are protected by the United Nations and its specialized agencies. In India human rights are protected by the judiciary, human rights commissions, apart from these organizations the Non Governmental organizations also have an important role in protection of human rights. The Non Governmental organizations work from grass roots level to the national and international level in the protection of human rights.
Contribution of NGOs towards the development of Human Rights
* They mobilize public opinion.
* They contribute a lot to the society.
* They pressurize the government on certain issues, such as protection of prisoners rights, torture etc.
* They approach the judiciary on behalf of poor people who otherwise have no access to justice.
* They ask for submission of certain reports.
* The play a special role especially in the developing countries for the development of human rights.
Suggestions:
* NGOs need to expand their programmes, campaigns, skits from yearly or bi-yearly to monthly. Frequent programmes increase the awareness of human rights even more than yearly. * NGOs also need to get more aid both from foreign and within India which will be useful to carry out their cause.
* NGOs must have clear goals and priorities, they should define what they are trying to achieve as clearly as possible. They should think strategically and assess how short term goals fit in with long term ones.
* NGOs must have a clear written work plan for both individual and staff activities. Plan reminds VIRUDHUNAGAR HINDU NADARS‘ SENTHIKUMARA NADAR COLLEGE (An Autonomous Institution Affiliated to Madurai Kamaraj University) [Re-accredited with ‗A‘ Grade by NAAC] Virudhunagar – 626 001. people of what the goals are, it helps keep things on track and with major projects or campaigns it helps people see where they fit into big picture.