|
V.S. Gupta
Contents
Introduction
Basic
rights
Discrimination
Reporting
Human Rights
Press
clippings
Links
and resources
Suggested
readings
Supreme Court Judgement The contemporary international statement of these rights is the Universal Declaration of Human Rights, adopted by the United Nations on December 10, 1948. The Declaration proclaims economic, social and cultural rights in addition to political and civil rights and freedom for the people of the world. These rights are considered the foundation of freedom, peace and justice. In 1986, the UN added a right of specific importance to developing countries such as India: the right to development. Basic Principles Some of the important basic principles of the Universal Declaration of Human Rights are:
Right to Development Today, human rights include right to development. It is now the primary responsibility of governments to create national and international conditions favourable to the realisation of development. The Declaration on the Right to Development was adopted by the General Assembly of the United Nations on December 4,1986. Article 8 of the above Declaration says The States should undertake, at the national level, all necessary measures for the realisation of the right to development and shall ensure, inter alia, equality of opportunity for all in their access to basic resources, education, health services, food, housing, employment and the fair distribution of income. Effective measures should be undertaken to ensure that women have an active role in the development process. (See appendix for more details) National Human Rights Commission The initiative taken by India's National Human Rights Commission (NHRC) against the proposed Prevention of Terrorism Bill, 2000, once again highlighted the status of human rights. (see Times of India, 13.7.00) Since its establishment in October 1993, the Commission has held the position that while the police and armed forces have a duty to fight terrorism, this must be done in a manner that respects the Constitution and laws of the country. It must also respect India's treaty commitments to international law. The position taken by the Commission provoked extensive comment in the national press, confirming that interest in the protection of human rights is not confined to academic and legal circles. (see Tribune, 21.8.00). Increasingly, human rights are being seen as a major news story affecting the civil and legal rights of the population at large. The increasingly pro-active role of the NHRC in affording redressal and relief to citizens in the cases of custodial deaths, police negligence and detention by the police has also been widely reported. NHRC was set up after the passage of the Human Rights Act in 1993 and following persistent efforts by human rights activists over several years. Its constitution gave rise to expectations that protection of human rights would no longer be ignored. Yet concern continued to be expressed as to whether the Commission would have the autonomy and the capacity to meet the ever-growing challenge to human rights. The Commission, a fully autonomous body, is headed by a Chairperson who has been a Chief Justice of the Supreme Court, and one member who is, or has been, a judge of the Supreme Court. The Commission is empowered to look into violation of human rights and take suitable action. The issues it has accorded priority to include: protection of human rights in areas of terrorism and insurgency, systemic reform in police administration and criminal justice, custodial deaths, rape and torture, condition of the jails and jail inmates. Initially considered a typical sarkari commission, a spineless and toothless body, it has taken a stand on several issues against the Government, most particularly the Prevention of Terrorism Bill. The Human Rights Act envisages constitution of state-level Human Rights Commissions so that the redressal of grievances can be swift and inexpensive and the message of human rights reaches the grassroots level in the languages of the people. The need for state-level commissions has been felt acutely because of a rapid increase in the number of complaints. Ten states have set up commissions, but two - Uttar Pradesh and Bihar, which account for 65 percent of the 50,000 complaints received - have failed to do so. The Preamble to the Indian Constitution and the chapters on Fundamental Rights and Directive Principles, which together have been described as forming the core of the Constitution, reflect the basic principles of the Universal Declaration of Human Rights. The Fundamental Rights guaranteed under the Constitution, including the Right to Freedom of Speech and Expression and other rights under Article 19, cannot be appreciated and fully enjoyed unless a citizen is educated and is conscious of his individual dignity. The rights include right to equality, freedom of speech and personal liberty, protection against arrest and detention in certain cases, freedom to manage religious affairs, prohibition of traffic in human beings and forced labour, and rights of minorities to establish and administer educational institutions. The Universal Declaration of Human Rights and the Constitution of India share a commitment to human dignity that emerged from the end of the Second World War and India's achievement of independence. The Universal Declaration was adopted in December 1948, preceding the completion of the Indian Constitution by a year. But their drafting overlapped. The process of decolonisation throughout the world began at the same time in history. In his Introduction to the Indian Constitution, Durga Das Basu, the noted Constitutional authority, quotes Article I of the Universal Declaration as embodying the spirit of brotherhood that the Preamble of the Constitution reflects. The article states: "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." A comparison of some of the main provisions of the Universal Declaration of the Indian Constitution brings out the similarity.
* Since made a Fundamental Right as per the recent 83rd Constitutional Amendment. PIL- A Unique Indian Institution The role of the judiciary in upholding public interest litigation, recognising the locus standi of social action groups - their right to take part in court actions - and supporting affirmative action has added a new dimension to the ongoing struggle for safeguarding human rights. India is characterised by a vibrant judiciary and a public spirited group of activists who have pioneered Public Interest Litigation (PIL). PIL cases are mostly concerned with public causes: safeguarding the interests of marginalised sections of society, such as pensioners, and issues such as pollution and environmental degradation
The recommendations in the Right to Development adopted by the UN General Assembly and part of the framework of the resolution are reproduced below: The General Assembly… Recognising that the human person is the central subject of the development process and that development policy should therefore make the human being the main participant and beneficiary of development. Recognising that the creation of conditions favourable to the development of peoples and individuals is the primary responsibility of their States. Aware that efforts at the international level to promote and protect human rights should be accompanied by efforts to establish a new international economic order. Confirming that the right to development is an inalienable human right and that equality of opportunity for development is a prerogative both of nations and of individuals who make up nations. Proclaims the following Declaration on the Right to Development : Article 1 The right to development is an inalienable human right by virtue of which every human person and all peoples are entitled to participate in, contribute to and enjoy economic, social, cultural and political development, in which all human rights and fundamental freedoms can be fully realised. The human right to development also implies the full realisation of the right of peoples to self-determination, which includes, subject to the relevant provisions of both International Covenants on Human Rights, the exercise of their inalienable right to full sovereignty over all their natural wealth and resources. Article 2 The human person is the central subject of development and should be the active participant and beneficiary of the right to development. All human beings have a responsibility for development, individually and collectively, taking into account the need for full respect for their human rights and fundamental freedoms as well as their duties to the community, which alone can ensure the free and complete fulfillment of the human being and they should therefore promote and protect an appropriate political, social and economic order for development. States have the right and the duty to formulate appropriate national development policies that aim at constant improvement of the well-being of the entire population and of all individuals, on the basis of their active, free and meaningful participation in development and in the fair distribution of the benefits resulting therefrom. Article 3 States have the primary responsibility for the creation of national and international conditions favourable to the realisation of the right to development. The realisation of the right to development requires full respect for the principles of international law concerning friendly relations and cooperation among States in accordance with the Charter of the United Nations. States have the duty to cooperate with each other in ensuring development and eliminating obstacles to development. States should realise their rights and fulfill their duties in such a manner as to promote a new international economic order based on sovereign equality, interdependence, mutual interest and cooperation among all States, as well as to encourage the observance and realisation of human rights. Article 4 States have the duty to take steps, individually and collectively, to formulate international development policies with a view to facilitating the full realisation of the right to development. Sustained action is required to promote more rapid development of developing countries. As a complement to the efforts of developing countries, effective international cooperation is essential in providing these countries with appropriate means and facilities to foster their comprehensive development. Article 5 States shall take resolute steps to eliminate the massive and flagrant violations of the human rights of peoples and human beings affected by situations such as those resulting from apartheid, all forms of racism and racial discrimination, colonialism, foreign domination and occupation, aggression, foreign interference and threats against national sovereignty, national unity and territorial integrity, threats of war and refusal to recognise the fundamental right of peoples to self-determination. Article 6 All States should cooperate with a view to promoting, encouraging and strengthening universal respect for an observance of all human rights and fundamental freedoms for all without any distinction as to race, sex, language or religion. All human rights and fundamental freedoms are indivisible and interdependent; equal attention and urgent consideration should be given to the implementation, promotion and protection of civil, political, economic, social and cultural rights. States should take steps to eliminate obstacles to development resulting from failure to observe civil and political rights, as well as economic, social and cultural rights. Article 7 All States should promote the establishment, maintenance and strengthening of international peace and security and, to that end, should do their utmost to achieve general and complete disarmament under effective international control, as well as to ensure that the resources released by effective disarmament measures are used for comprehensive development, in particular, that of the developing countries. Article 8 States should undertake, at the national level, all necessary measures for the realisation of the right to development and shall ensure, inter alia, equality of opportunity for all in their access to basic resources, education, health services, food, housing, employment and the fair distribution of income. Effective measures should be undertaken to ensure that women have an active role in the development process. Appropriate economic and social reforms should be carried out with a view to eradicating all social injustices. States should encourage popular participation in all spheres as an important factor in development and in the full realisation of all human rights. Article 9 All the aspects of the right to development set forth in the present Declaration are indivisible and interdependent and each of them should be considered in the context of the whole. Nothing in the present Declaration shall be construed as being contrary to the purposes and principles of the United Nations, or as implying that any State, group or person has a right to engage in any activity or to perform any act aimed at the violation of the rights set forth in the Universal Declaration of Human Rights and in the International Covenants on Human Rights. Article 10 Steps should be taken to ensure the full exercise and progressive enhancement of the right to development, including formulation, adoption and implementation of policy, legislative and other measures at the national and international levels.
|