JOURNAL OF THE NATIONAL HUMAN RIGHTS COMMISSION INDIA Volume – 15 2016 EDITORIAL BOARD Justice Shri H. L. Dattu Chairperson, NHRC Justice Shri Cyriac Joseph Prof. T. K. Oommen Member, NHRC Emeritus Professor, Centre for the Study of Social Systems, School of Social Sciences Jawaharlal Nehru University, New Delhi Justice Shri D. Murugesan Prof. Ranbir Singh Member, NHRC Vice-Chancellor, National Law University New Delhi Shri S. C. Sinha Prof. Sanjoy Hazarika Member, NHRC Director, Commonwealth Human Rights Initiative, New Delhi Dr. Satya N. Mohanty Prof. Ved Kumari Secretary General, NHRC Faculty of Law, Law Centre-I University of Delhi, Delhi Shri J. S. Kochher Prof. S. Parasuraman Joint Secretary Director (Training & Research) Tata Institute of Social Sciences NHRC Mumbai EDITOR Dr. Satya N. Mohanty Secretary General, NHRC EDITORIAL ASSISTANCE Shri J. S. Kochher, Joint Secretary (Training & Research), NHRC Dr. Savita Bhakhry, Joint Director (Research), NHRC Shri Utpal Narayan Sarkar, AD (Publications), NHRC National Human Rights Commission C-Block, GPO Complex, INA New Delhi – 110 023, India ISSN : 0973-7596 ©2016, 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. DISCLAIAMER The views expressed in the papers 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 Dr. Satya N. Mohanty, Secretary General on behalf of the National Human Rights Commission, 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 Dr. Satya N. Mohanty Secretary General, NHRC Articles I – Sustainable Development Goals Environmental Protection and Renewable Energy : Does it Promote Human Rights Too? 2-21 Anupam Jha Development Induced Displacement, SEZs and the State of Farmers in India: Some Insights from the Recent Experiences 23-48 Manish K. Verma II – Human Life Cycle, Vulnerability and Rights Rights for Every Child in India – Legislative Framework on Right to Survival, Development and Protection 50-73 Asha Bajpai III – Rights of Vulnerable Sections of Society Economic Growth and Poverty in India 77-91 Prabhat Patnaik [ iv ] Journal of the National Human Rights Commission, Volume-15 Unravelling the Poverty Conundrum : to Reach the Sustainable Development Goal of Eradicating Poverty 93-111 Amita Dhanda With the Gaze on Injustice : Positioning Tribal People in the Wider Social Context 113-138 Savyasaachi Fighting for their Lives: Human Rights and Adivasis 139-155 Amita Baviskar IV – Indian Constitution and Present Reality ‘Essential Practices Doctrine’ : Towards an Inevitable Constitutional Burial 159-176 Anup Surendranath Wholesome Environment as a Basic Human Right : An Analysis of Judicial Interpretation with Special Reference to Protection of Natural Resources 177-198 Paramjit S. Jaswal V – Criminal Justice System Restorative Justice Indicators, Criminal Justice and Human Rights 201-223 B. B. Pande Laws Relating to Sexual Violence in India : Constitutional and Human Rights Dimensions 225-246 Mrinal Satish VI – Surrogacy and Human Rights Commercial Surrogacy : Comprehending the Language of ‘Rights’ 249-273 Debashri Sarkar [ v ] Important Recommendations of the Commission • NHRC Recommendations on Right to Health Care on Western Region Public Hearing 277-290 • NHRC Recommendations on Right to Food 291-300 • NHRC Recommendations on Silicosis in Endemic States 301-303 Book Reviews Social Inclusion in Independent India : Dimensions and Approaches by T. K. Oommen 307-311 Tanweer Fazal Griffin on Human Rights by Roger Crisp (ed.) 313-316 Ranbir Singh Major Activities of the Commission National Human Rights Commission : Highlights of Activities 319-326 J. S. Kochher & Savita Bhakhry Volume-15, 2016 CHAIRPERSON NHRC PREFACE Launched in 2002 by the National Human Rights Commission, the English Journal has its fifteenth volume introduced this year. The annual Journal is devoted to publication of articles reporting both theoretical and empirical research on a wide range of human rights subjects, including current concerns with the purpose of facilitating human rights discourse in the country. In addition, the Journal publishes book reviews and important recommendations of the Commission that are outcome of the conferences organized during 2015-2016. The Journal over the years has come to be widely recognized across the country for promoting high quality scholarship on human rights and bringing together well-known human rights scholars. For the 2016 English Journal, it’s Editorial Board which comprises NHRC and five other eminent scholars shortlisted six broad themes. These themes are – (i) sustainable development goals; (ii) human life cycle, vulnerability and rights; (iii) rights of vulnerable sections of society; (iv) Indian constitution and present reality; (v) criminal justice system; and (vi) surrogacy and human rights. The first theme has two articles, one on environmental protection and renewable energy with special reference to the promotion and protection of human rights. The other dwells upon development induced displacement issues, SEZs and the state of farmers in India, wherein the author gives insights from some recent experiences. © NHRC, India Journal of the National Human Rights Commission, vii-viii [ viii ] Journal of the National Human Rights Commission, Volume-15 The second theme contains an article on rights for every child in India and talks about their right to survival, development and protection in the light of major laws and recent landmark judgments. The next theme focuses on rights of vulnerable sections of society and has four articles, one on economic growth and poverty in India followed by unravelling the poverty conundrum in line with the 2030 sustainable development goal of eradicating poverty. It, thereafter, has an article on positioning tribal people in the light of injustice experienced by them. And, the succeeding one centers on human rights and adivasis. The articles given under the fourth theme traces the origin of the “essential practices doctrine” and analyses its application in various cases before the courts, and on environment as a basic human right. The fifth theme deals with two articles – restorative justice indicators and laws relating to sexual violence in India. The article in the last theme talks about commercial surrogacy. Besides, the Journal carries two book reviews and important recommendations of three conferences, that is, on right to food, silicosis in endemic States and western region public hearing on right to health care. This year, a new feature has been added in the Journal wherein the major activities undertaken by the Commission during the current year is also being reported upon, with the hope that it would be welcomed by all the readers. I sincerely acknowledge the valuable contributions made by all the authors. I also express my deep gratitude to all the Members of the Editorial Board for their overall contribution in bringing out this Journal. I am confident that the present volume of the NHRC English Journal, fifteenth in series, will go on to add to the existing repertoire of human rights knowledge and understanding in the best academic way. New Delhi (H. L. Dattu) 10 December 2016 Volume-15, 2016 SECRETARY GENERAL NHRC FROM THE EDITOR’S DESK The Annual English Journal of the National Human Rights Commission is an important tool in sharing of information, knowledge and experience on diverse human rights subjects. It is one of the significant human rights journals giving an insight into contemporary issues concerning all rights impacting on the people of this country. With the passage of time, the Journal has proved to be a notable platform for scholarly work on human rights and in bringing together human rights scholars from across the country to write on issues plaguing the nation. The 2016 Journal focuses on six cardinal themes. These are - sustainable development goals; human life cycle, vulnerability and rights; rights of vulnerable sections of society; Indian constitution and present reality; criminal justice system; and surrogacy and human rights. Besides, it carries important recommendations emerging from a consultation and two conferences organized by the Commission during 2015-2016 along with two book reviews. As mentioned by the Chairperson in his ‘Preface’, the Commission this year introduces to its readers a new feature in the Journal about the prominent activities carried out by it during 2016. This would give a bird’s eye view about the work being done by NHRC. © NHRC, India Journal of the National Human Rights Commission, ix - x [ x ] Journal of the National Human Rights Commission, Volume-15 I am extremely grateful to all the Editorial Board Members and authors for their contribution to this Journal. I am confident that the 2016 English Journal of the NHRC will generate new thinking on the cause of protection and promotion of human rights as well as upholding human dignity, which lies at the core of the struggle for human rights. New Delhi (Dr. Satya