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December 2006 Vol 1 Issue 1 RIGHTS AND DEVELOPMENT Bulletin Centre for Development and Human Rights RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 INDEX RIGHTS - ARTICLES ................................................................................................................4 The Right to Development.........................................................................................................4 The Children of Migrant Workers – Jayati Ghosh ....................................................................8 Children under six – Out of the Spotlight – Jean Dreze..........................................................10 Suicides by Cotton Farmers in Andhra Pradesh – Reji.K.Joseph ..........................................12 RIGHTS – FEATURES............................................................................................................16 The Rights of the Displaced ....................................................................................................16 Women’s Rights – Against Rape and its Torturous Legal System .........................................19 The Right to Information ..........................................................................................................20 Ban on Child Labour ................................................................................................................23 RIGHTS – COMMENTARIES .................................................................................................26 Law to Crack Down on Human Trade .....................................................................................26 Empowering the Girl Child and Tackling Female Foeticide....................................................26 Make Development Basic Human Rights................................................................................27 Dalits being Denied Dignified Treatment.................................................................................28 The India Social Forum 2006 ..................................................................................................29 First Human Development Report of Delhi .............................................................................30 The Protection of Human Rights (Amendment) Act 2006.......................................................31 Scheduled Tribes (Recognition of Forest Rights) Bill 2005 ....................................................32 RIGHTS - BOOK REVIEWS ...................................................................................................34 The Future of Human Rights –By Upendra Baxi.....................................................................34 Reflections on the Right to Development- By Centre for Development and Human Rights .36 The Right to Development: A Primer – By Centre for Development and Human Rights.......37 2 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 RIGHTS AND DEVELOPMENT Bulletin Centre for Development and Human Rights Centre for Development a nd Human Rights, New Delhi, is launching a bi-monthly Bulletin on Rights and Development, addressed to human rights activists in India and abroad, academics and scholars, public servants and political workers, NGOs and interested public. Its purpose will be to make the readers aware of some of the developments in the area of human rights and economic, political and social concerns in India in the recent period. It would also focus on a few selected issues of major concern in other countries in the world. It will have a few short special articles, published and unpublished, in this area, and a section on brief analytical features on some of the major developments. There will also be a section of commentaries on some important news in this area. Another brief section will provide some reviews of recent books on these subjects. This Bulletin has been prepared by a team of young researchers, Ms. Priyanca M. Velath, Mr. Reji K. Joseph, Ms. Ipshita Sengupta and Ms. Avani Kapur as joint editors. The work of the editors has been supervised by a Board of Editors consisting of Dr. Pronab Sen (Chief Statistician of India), Prof. Pulin Nayak (Professor of Economics, Delhi School of Economics), Dr. Alakh Sharma (Director, Institute of Human Development), Dr. N.J. Kurian (Director, Council for Social Development) Ms. Jayshree Sengupta, (Senior Fellow, Observer Research Foundation), Mr. Ravi Nair (Executive Director, South Asia Human Rights Documentation Centre) and Dr. Arjun Sengupta, (Chairman - CDHR) as Editorial Advisor. The Bulletin will be available on the website of the Centre for Development and Human Rights, www.cdhr.org.in 3 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 social, cultural and political development, in which all human rights and fundamental RIGHTS - ARTICLES freedoms can be realised.’ This definition establishes RTD as a ‘human right’ that is inalienable, i.e., it cannot be bargained away. It also establishes the unity of rights The Right to Development by talking of development in which all human rights and fundamental freedoms can be realised. It further underscores the entitlements of all persons and peoples to participate in as well as to enjoy the process of development. Although the word ‘process’ is not mentioned in Article 1, paragraph 1, the definition of development as a process is derivable from the preamble to the RTD Declaration, which defines ‘development’ as a ‘comprehensive economic, social, cultural and political process , which The Right to Development (RTD) aims at the constant improvement of the is one of the most highly debated and well-being of the entire population and contentious issues in international of all individuals, on the basis of their relations. Placed in the interface between active, free and meaningful participation human rights and development, the in development and in the fair concept of RTD seeks to promote distribution of benefits resulting development as a human right. In recent therefrom’. As per this specification, a years, work has been initiated at the situation where there is sharp increase in international fora (more specifically, in the GDP or rapid industrialisation or an United Nations Commission on Human impressive expansion of exports with a Rights) towards identifying more precisely large increase in capital inflows does the content of RTD. An Open-ended not in itself signify development. If these Working Group and the Commission on outcomes are not accompanied with an Human Rights itself, have deliberated on improvement in the well-being of all six reports by the United Nations people, if people do not meaningfully Independent Expert (IE) Arjun Sengupta participate in the process, or if the on the Right to Development since 1999. distribution of benefits is iniquitous and The ideas have also been discussed in unfair, they will not be regarded as many international conferences and development. Among the different academic seminars. It is now important processes of development, the one in that they are discussed and debated more which all human rights and fundamental widely in all branches of civil society so freedoms are capable of being realised that the right can effectively be translated can qualify as the object of claim as a into implementation. To facilitate this human right. process, the Centre for Development and Human Rights, New Delhi has brought out What does the Right to a primer on RTD. Development Entail? - Focus on Process – The RTD approach focuses Defining the Right to not only on the ends but also on the Development – Article 1, paragraph 1 of means of development. The goals and the RTD declaration states, ‘The right to outcomes of development as the development is an inalienable human right realisation of rights are the ends. The by virtue of which every human person process by which such goals are actually and all persons are entitled to participate achieved, in a progressive manner, in, contribute to, and enjoy economic, consist also of the ‘means’ of programmes 4 RIGHTS AND DEVELOPMENT Bulletin December 2006 Vol 1 Issue 1 and policies and instrumental changes development, when they are taken, as needed for realising the rights. enhancements of freedoms must follow the ‘rights-based approach.’ Where the objectives are claimed by the people as The right to development is an rights backed by corresponding inalienable human right by virtue of obligations, they become constituents of which every human person and all the right to development. persons are entitled to participate Step-by-step Approach and in, contribute to, and enjoy Poverty Eradication – The realisation of economic, social, cultural and RTD has to proceed step by step, in political development, in which all tandem with the changing world economy human rights and fundamental and the strength of the human rights freedoms can be realised. movement. Since all rights and corresponding freedoms cannot be realised immediately and simultaneously, According to the Independent Expert, it might be useful to concentrate initially on RTD is the right to a process of a few areas that may be regarded as development where all human rights – basic to all other rights. These are the CPRs (Civil and Political Rights) and rights to food, health care and education. ESCRs (Economic, Social and Cultural It is not that other rights are not important, Rights) are realised. The outcome of a but these rights cater to the most basic process of development is in itself a needs of the people and facilitate the human right, which entails
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