JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION INDIA Volume – 16 2017 EDITORIAL BOARD Justice Shri H. L. Dattu Chairperson, NHRC Justice Shri P. C. Ghose Prof. Ranbir Singh Member, NHRC Vice-Chancellor, National Law University, Dwarka, New Delhi Justice Shri D. Murugesan Prof. T. K. Oommen Member, NHRC Emeritus Professor, Centre for the Study of Social Systems, School of Social Sciences, Shri S. C. Sinha Jawaharlal Nehru University, New Delhi Member, NHRC Smt. Jyotika Kalra Prof. Sanjoy Hazarika Member, NHRC Director, Commonwealth Human Rights Initiative, New Delhi Shri Ambuj Sharma Prof. S. Parasuraman Secretary General, NHRC Director, Tata Institute of Social Sciences (TISS), Mumbai Shri J. S. Kochher Prof. Ved Kumari Joint Secretary (Trg. & Res.), Faculty of Law, Law Centre-I, NHRC University of Delhi, Delhi Dr. Ranjit Singh Prof. (Dr.) R. Venkata Rao Joint Secretary (Prog. & Admn.), Vice-Chancellor, National Law School NHRC of India University, Bangalore EDITOR Shri Ambuj Sharma, Secretary General, NHRC EDITORIAL ASSISTANCE Dr. M. D. S. Tyagi, Joint Director (Research), NHRC Shri Utpal Narayan Sarkar, AD (Publication), NHRC National Human Rights Commission Manav Adhikar Bhawan, C-Block, GPO Complex, INA New Delhi – 110 023, India ISSN : 0973-7596 ©2017, National Human Rights Commission All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise without prior written permission of the Publisher. DISCLAIMER The views expressed in the articles incorporated in the Journal are of the authors and not of the National Human Rights Commission. The Journal of the National Human Rights Commission, Published by Shri Ambuj Sharma, Secretary General on behalf of the National Human Rights Commission, Manav Adhikar Bhawan, C-Block, GPO Complex, INA, New Delhi – 110 023, India. Price Rs. 150 /- Cover Design/Typeset & Printed at: Mittal Enterprises 2076, Gokul Shah Street, Bazar Sita Ram, Delhi – 110 006 Ph. : 09811340726, 09811756181 Email : [email protected] CONTENTS Preface Justice Shri H. L. Dattu Chairperson, NHRC From the Editor’s Desk Shri Ambuj Sharma Secretary General, NHRC Articles Compulsory Primary Education as a Human Right : 1-21 Prospects and Challenges N. Jayaram Migration and Human Rights 23-39 Shareena Banu C. P. Law, Culture and Human Rights: An Analysis in Interrelations 41-59 with Reference to India T. K. Oommen Celebrating Secularism and Minority Rights in Our Constitution 61-87 Mahendra Pal Singh Bad Governance is a Human Rights Violation! Why Good 89-106 Governance should be Recognised as a Fundamental Right V. Suresh A Stranger to Justice 107-129 Madhurima Dhanuka, Mrinal Sharma &Tahima Laskar Some Reflection on Justice D. M. Dharamdhiari’s 131-141 Human Values and Human Rights Upendra Baxi [ iv ] Journal of the National Human Rights Commission, Volume-16 Climate Change and Human Rights 143-158 Tarun Menon Inept Fiscal Transitions and Budgetary Disruptions in 159-182 Nutritional Services for Women and Children Vandana Prasad, Dipa Sinha, Sudeshna Sengupta, Abhay Shukla Human Dignity and Human Rights : In Search of Theory 183-198 Srikrishna Deva Rao A Child’s Right to a Family: Deinstitutionalization- 199-216 In the Best Interest of the Child Asha Bajpai International Relations Between Countries Impacting Human Rights 217-232 Manoj Kumar Sinha The Universal Periodic Review Process; A Critical Appraisal 233-241 Ranbir Singh and Aparna Chandra International Section Building a Coalition for Change : The Role of the Asia 245-262 Pacific Forum of National Human Rights Institutions Kieren Fitzpatrick Third Universal Periodic Review of India at the UN Human Rights Council, 2017 - NHRC, India Report for UPR-3 265-281 - Oral Statement made by NHRC, India at the Plenary Session 283 - Recommendations of Members of the UN Human Rights 285-306 Council to the Government of India - Recommendations accepted by the Government of India 307-325 [ v ] Important Recommendations of the Commission • Proposal for amendments to PHR Act, 1993 329-330 • Recommendations on Preventive, Remedial, Rehabilitative & 331-342 Compensation Aspect of Silicosis • Recommendations of NHRC Core Group on Disability 343-344 • Recommendations of NHRC Core Group on Protection 345-347 and Welfare of the Elderly Persons • Recommendations of NHRC Core Group on Mental Health 349-352 • Recommendations on Bonded Labour 353-358 • Recommendations on Good Governance, Development 359-372 and Human Rights Book Review “The Twilight of Human Rights Law” by Eric A. Posner 375-378 Ranbir Singh Major Activities of the Commission 381-389 Volume-16, 2017 CHAIRPERSON NHRC Preface It is with great pleasure that the NHRC presents the sixteenth volume of its annual English Journal on the occasion of International Human Rights Day, on 10 December 2017; the sixty-ninth anniversary of the day the United Nations General Assembly adopted the Universal Declaration of Human Rights, in 1948. The English Journal was envisioned and founded to satisfy the growing need for increasing knowledge and awareness about protection and promotion of human rights and, of human dignity, which is the quintessence of human rights. The Journal is devoted to covering the gamut of human rights issues, from the legal-theoretical perspectives to on-the-ground realities. In this way it has carved a niche for itself over the years for stimulating thinking on human rights and dignity. It is, indeed, one of the most prestigious publications of the NHRC India. I hope that this edition of the Journal, which contains a fine collection of articles will be a valuable resource for policy makers, administrators, legal fraternity, human rights institutions and defenders, research scholars, members of civil society organizations, students and others. I hope also that it will be put to use by them, provide new insight and update them on a range of human rights issues and the latest developments in the field. © NHRC, India Journal of the National Human Rights Commission, vii-viii [ viii ] Journal of the National Human Rights Commission, Volume-16 I am grateful to the authors, all of whom are eminent experts and academicians, for contributing their valuable articles to this Journal. I would also like to express my sincere thanks to members of the Editorial Board, as this issue would not have been possible without their support. New Delhi 10 December 2017 (H. L. Dattu) Volume-16, 2017 SECRETARY GENERAL NHRC From the Editor’s Desk The annual English Journal of the National Human Rights Commission has been published by the Commission since 2002. It is an important tool for spreading human rights literacy, knowledge and experience on diverse human rights issues, in addition to facilitating the advancement of a human rights culture and good governance in the country. Over the years the Journal has been recognised across India as promoting quality scholarship on human rights, providing an important platform for erudite work on human rights and bringing together the fraternity of human rights scholars to deliberate on note-worthy, present-day issues. Articles in this Journal have been written by learned expert academicians, jurists and members of civil society. They bring into focus human rights perspectives while covering important thematic issues, including child rights, primary education, migration, law and culture, secularism and minority rights, good governance, climate change, and international relations between countries impacting human rights. The Journal also contains reviews of two recently published books, “Human Values and Human Rights” and “The Twilight of Human Rights Law”. The International Section of the Journal carries an article on the Role of the Asia Pacific Forum of National Human Rights Institutions, and The Universal Periodic Review (3rd) of India, which includes the recommendations of the United Nations Human Rights Council 2017, duly accepted by the © NHRC, India Journal of the National Human Rights Commission, ix - x [ x ] Journal of the National Human Rights Commission, Volume-16 Government of India. Other sections cover important recommendations of the Commission emanating from the Core Group meetings, workshops, seminars and conferences organized by the Commission. An account of major activities of the Commission undertaken during 2017 has also been included. I would like to compliment and express my gratitude to all the authors who have contributed to this Journal. I am also grateful to all the Editorial Board Members for providing their full cooperation, enabling the Commission to produce this English Journal of The National Human Rights Commission, 2017. New Delhi 10 December 2017 (Ambuj Sharma) Volume-16, 2017 Compulsory Primary Education as a Human Right: Prospects and Challenges N. Jayaram* Abstract With the enactment of The Right of Children to Free and Compulsory Education Act, 2009 India has joined the host of countries that provide constitutional guarantee to free and compulsory education. This paper reviews the achievements made since it came into effect on 1 April 2010 and the challenges that lie ahead in securing this right. It traces the long and chequered history of the political construction of free and compulsory primary education as a right; explains the salient features of the provisions of the Act and the promise it holds; examines the reality of primary education since the Act came into effect; analyses the challenges confronting