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Shr Human Rights Training Module STUDENTS FOR HUMAN RIGHTS human rights training module Concept & compilation Janice Birch Human Rights Law Network HRLN Vision n To protect fundamental human rights, increase access to basic resources for the marginalised communities, and eliminate discrimination. n To create a justice delivery system that is accessible, accountable, transparent, efficient and affordable, and works for the underprivileged. Raise the level of pro bono legal expertise for the poor to make the work uniformly competent as well as compassionate. n Professionally train a new generation of public interest lawyers and paralegals who are comfortable in the world of law as well as in social movements, and who learn from social movements to refine legal concepts and strategies. SHR: Human Rights Training Module 2010 © Socio Legal Information Centre* Conceptualised & compiled by Janice Birch Edited by Suresh Nautiyal Assistance in editing Vasudha Saini Illustrations, paintings, pictures & message boxes SHR team and others Design & layout Mahendra Bora Publisher Human Rights Law Network (A division of Socio Legal Information Centre) 576, Masjid Road, Jangpura, New Delhi – 110014, India Ph: +91-11-24379855/56 E-mail: [email protected] Website: hrln.org Printer Shivam Sundram E-9, Green Park Ext., New Delhi-16 Support European Union Dan Church Aid Disclaimer The views and opinions expressed in this publication are not necessarily views of the HRLN. Every effort has been made to avoid errors, omissions, and inaccuracies. However, for inadvertent errors or discrepancies that may remain nonetheless, the HRLN takes the sole responsibility. * Any section of this Module may be reproduced without prior permission of the Socio Legal Information Centre/Hu- man Rights Law Network for public interest purposes with appropriate acknowledgement. FOREWORD he module is a compilation of contributions from various sources but primarily Combat Law magazine for which we thank the editor Harsh Dobhal. Thanks are Talso due to Suresh Nautiyal for his advice and guidance; members of SHR – Sushant Waidande, Anand Radhakrishnan, Mayur Guldagad, Chetan Nehete, Swapnil Khade, Rashmi Naik Nimbalkar and Gaurav Borse – for their illustrations and ideas; Sanjai Sharma, Anant Kumar Asthana, Smriti Minocha and Kranti Chinappa for reading and advising on sections of the module; and to the various HRLN advocates and activ- ists who contributed PowerPoint presentations along with their in-depth knowledge of the legal system in India. We also acknowledge the contribution of the SHR Team. We thank Justice H Suresh for permission to use his book “All Human Rights are Fun- damental Rights” (HRLN/Universal 2010) as a companion text to this module and an invaluable reference point on the Indian Constitution and International Human Rights Law. It is not possible in a publication of this length to address the myriad of human rights issues in India. The purpose of this module is to provide an introduction to the concept of human rights and the framework in which the laws of India operate. The intention is to provide a starting point to engage students in discussion and, hope- fully, activism, to provide a template for those wishing to develop human rights training programmes. There is plenty of material available in the press, online and from local activists about specific issues pertinent to the present situation or any period of history or location. The person using this module is encouraged to use it as a basis on which to build further discussion material and training resources on the issues most relevant to their target group. This module has been produced with the financial assistance of the European Com- mission and Dan Church Aid whom we thank for their support. Janice Birch CONTENT FOREWORD 3 INTRODUCTION 7 NOTES FOR THE FACILITATOR 8 SUGGESTED WORKSHOP PLAN 11 UNIT 1 SESSION-I HUMAN RIGHTS AND JUSTICE 15 SESSION-II CONSTITUTION OF INDIA 18 SESSION-III EXERCISE: HUMAN RIGHTS AND DEVELOPMENT 21 READER-I TWO-CHILD NORM: STATE GOVERNMENTS POISED TO BLUNDER Colin Gonsalves 22 ADDITIONAL MATERIAL-I UNIVERSAL DECLARATION OF HUMAN RIGHTS 24 ADDITIONAL MATERIAL-II HUMAN RIGHTS-BASED APPROACH 26 SESSION-IV GLOBALISATION IN A NUTSHELL 29 HUMAN RIGHTS DEFENDER CHEN GUANGCHENG 35 READER-II A JUST SOCIETY THROUGH JUST LAWS Justice Zakeria Yakoob 36 UNIT 2 SESSION-I HUMAN RIGHTS ARE INDIVISIBLE AND INTERDEPENDENT 41 SESSION-II WHAT IS A PIL 45 SESSION-III EXERCISE: THE RIGHT TO FOOD 51 ADDITIONAL MATERIAL-I ICESR 52 ADDITIONAL MATERIAL-II ICCPR 54 READER-I THE RIGHT TO HEALTH CARE: MOVING FROM IDEA TO REALITY Abhay Shukla 57 READER-II ENTITLEMENTS OF HUNGER Sachin Kumar Jain 66 HUMAN RIGHTS DEFENDER AUNG SAN SUU KYI 70 UNIT 3 SESSION-I EQUAL RIGHTS AND PROTECTION FROM DISCRIMINATION 73 SESSION-II CERD 77 SESSION-III SAFEGUARDS IN THE INDIAN CONSTITUTION FOR dalits 78 SESSION-IV EXERCISE: HOW TO MAKE MONEY 82 READER-I A SUMMARY OF THE STEPHEN LAWRENCE INQUIRY 83 READER-II EQUAL RIGHTS AND PROTECTION FROM DISCRIMINATION Pragna Patel 87 HUMAN RIGHTS DEFENDER Jayaben DESAI 95 UNIT 4 SESSION-I FROM CONVENTION TO LAW 99 SESSION-II UNCRPD AND ITS OPTIONAL protocol 103 SESSION-III EXERCISE: MULTIPLE DISADVANTAGE AND AUTONOMY 108 READER-I THE RIGHT TO ABORT VERSUS THE RIGHT TO GIVE BIRTH Colin Gonsalves 109 SESSION-IV DISABILITY RIGHTS 115 SESSION-V HUMAN RIGHTS AND HIV/AIDS 121 CONTENT UNIT 5 SESSION-I UNIVERSALITY AND SEX DISCRIMINATION 127 SESSION-II CEDAW 132 SESSION-III DOMESTIC VIOLENCE ACT, 2005 133 SESSION-IV EXERCISE 137 READER-I VICTIMS OF DEMESTIC VIOLENCE 138 HUMAN RIGHTS DEFENDER Savitribai PHULE 139 ADDITIONAL MATERIAL-I CEDAW 140 SESSION-V LEGAL statutes related to MATERNAL HEALTH AND MATERNAL MORTALITY 143 READER-II MATRIMONIAL PROPERTY RIGHTS Amy McArdle 146 UNIT 6 SESSION-I CHILD RIGHTS: SPECIAL PROTECTION 151 SESSION-II CENTRAL LEGISLATIONS ON CHILD RIGHTS 155 SESSION-III EXERCISE: CHILD RIGHTS AND AUTONOMY 158 READER-I FOR THE CHILDREN, BY THE CHILDREN Kavita Ratna 159 READER-II CHILDREN’S RIGHTS IN SHINING INDIA Enakshi Ganguly Thukral 162 SESSION-IV INDIAN CONSTITUTION AND SUPREME COURT ON CHILDREN 167 HUMAN RIGHTS DEFENDER IQBAL MASIH 172 ADDITIONAL MATERIAL CRC 173 UNIT 7 READER-I MAINTAINING LAW AND ORDER 181 SESSION-I CRIMINAL LAW BASICS 184 SESSION-II RIGHT TO LIFE 186 SESSION III BAILS AND BONDS 188 SESSION IV REPORTING A CRIME 190 SESSION V EXERCISE: HOW CAN YOU DEFEND THOSE PEOPLE 192 READER-II LANDMARK ORDERS ON PRISONERS’ PLEA 194 READER-III DEATH TO THE DEATH PENALTY Colin Gonsalves 200 READER-IV UNTRUTH SERUM P Chandra Sekharan 202 READER-V INSIDE GHAZIABAD JAIL Kumar Baadal 209 READER-VI CONVENTION AGAINST TORTURE AND CRUEL TREATMENT 211 HUMAN RIGHTS DEFENDER Binayak SEN Harsh Dobhal 214 UNIT 8 READER-I RIGHTS AND DUTIES 219 SESSION-I EXERCISE: ACTION PLAN 222 READER-II REJECT THIS BILL 223 SESSION-II RTI 226 READER-III WHY IS CIVIL SOCIETY MUTE TO THREAT OF COMMUNALISM IN INDIA VB Rawat 230 READER-IV LOCATING CIVIL SOCIETY ORGANISATIONS John Samuel 234 HUMAN RIGHTS DEFENDER: IROM SHARMILA CHANU Harsh Dobhal 237 INTRODUCTION tudents for Human Rights (SHR) is a movement of concerned students and young activists who are determined to bring about a situation in India in which the artificial barriers that divide Speople are eliminated and an equal, just and open society can flourish. While India opens its economic borders to multinational companies, controls on the freedoms of its own people have become more rigid than ever. India is the largest democracy in the world but in several parts of the country the actions of police and security forces bear all the hallmarks of a militant dictatorship. To those in the cities it can seem that communal conflict, guerrilla movements and violent repression are distant problems only affecting the rural margins but in reality every state in India is affected with some kind of internal conflict. The government spends millions on restrain- ing opposition, and all the while the rights and freedoms of every citizen are surreptitiously eroded. Human rights abuses abound. Members of SHR recognise that the future of India’s secular democracy is seriously under threat. We realise that the next generation of leaders and voters are those who are now studying at schools, colleges and universities and in the first stages of their working lives. It is here that change can take place. Students for Human Rights is determined to bring these issues to light, ready to defend the concept of a free and equal India as enshrined in our great Constitution. We invite students and young people everywhere to join us. How SHR makes a difference Being part of the solution means taking an active role in putting things right. Through SHR, Human Rights Law Network (HRLN) facilitates, supports and enables cells of young human rights defenders to develop in higher and further education establishments across India. n Training workshops: Workshops facilitated by HRLN take place in universities and colleges to inform and educate young people about human rights. n SHR cells: HRLN regional offices provide advice and information to enable students to form SHR cells in which they can develop human rights campaigns and activities in line with whatever issues most concern them. These groups are supported to take public interest litigation in their own name. n Legal aid clinics: Law and social work students are encouraged and enabled to establish legal aid clinics where law students provide pro bono initial legal advice and put members of the public in touch with advocates and NGOs who can take their cases to court. n National conventions: Each year HRLN organises a national convention for SHR. This brings together students from across India to share their experiences and promote their campaigns. Well- known activists and legal experts are invited to address the gatherings and the group enjoys enter- tainment programmes including films, theatre and music performances are enjoyed.
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