DIRECTIVE
PRINCIPLES OF STATE POLICY AND FUNDAMENTAL DUTIES
the Constitution of
India aims to establish not only political democracy but also socioeconomic
justice to the people to establish a welfare state. With this purpose in mind,
our Constitution lays down desirable principle and guidelines in Part IV. These
provisions are known as the Directive Principle of State Policy. In this lesson
we will study about Directive Principles in detail.
It is a
well-established saying that rights have significance only when enjoyed in
consonance with the duties. Therefore, the Fundamental Duties were inserted in
Article 51A of our Constitution in 1976 by 42nd Amendment Act. In the original
Constitution in 1950, there was no mention of these duties. It was expected that
the citizens would fulfil their duties willingly. We will also learn about
these duties in this lesson.
Objectives
After studying this
lesson, you will be able to
l understand the meaning of Directive
Principles of State Policy.
l classify the Directive
Principles into four groups i.e. economic and social, Gandhian, administrative
and those related to international peace.
l recognize the role of Directive Principles
in promotion of universalisation of education, abolition of child labour and
improving the status of women.
l explain the Directive
Principles which provide the framework of welfare state to be realised in
practice in India .
l describe that the
Directive Principles aim at the establishment of economic and social democracy.
Political
Science
Aspects of the
Constitution of India
l explain the role of
government at different levels in implementing these principles.
l distinguish between
Fundamental Rights and the Directive Principles of State Policy.
l appreciate the
content of Fundamental Duties.
l identify the
Fundamental Duties given in the Constitution.
l appreciate the
importance of Fundamental Duties despite their being non-justiciable.
Meaning
of Directive Principles of State Policy
Directive Principles of
State Policy are in the form of instructions/guidelines to the governments at
the center as well as states. Though these principles are non-justiciable, they
are fundamental in the governance of the country.
The idea of Directive
Principles of State Policy has been taken from the Irish Republic. They were
incorporated in our Constitution in order to provide economic justice and to
avoid concentration of wealth in the hands of a few people. Therefore, no
government can afford to ignore them.
They are infact, the directives to the future
governments to incorporate them in the decisions and policies to be formulated
by them.
Classification
Of The Directive Principles
Directive Principles of
State Policy have been grouped into four categories.
These are:
(1) the economic and social principles,
(2) the Gandhian
principles,
(3) Principles and
Policies relating to international peace and security and
(4) miscellaneous.
The
economic and social Principles
The state shall
endeavour to achieve Social and Economic welfare of the people by:
(1) providing adequate
means of livelihood for both men and women.
(2) reorganizing the
economic system in a way to avoid concentration of wealth in few hands.
(3) securing equal pay
for equal work for both men and women.
(4) securing suitable
employment and healthy working conditions for men, women and children.
(5) guarding the
children against exploitation and moral degradation.
(6) making effective
provisions for securing the right to work, education and public assistance in
case of unemployment, old age, sickness and disablement.
(7) making provisions
for securing just and humane conditions of work and for maternity relief.
(8) taking steps to
secure the participation of workers in the management of undertakings etc.
(9) promoting education
and economic interests of working sections of the people especially the SCs and
STs.
(10) securing for all
the workers reasonable leisure and cultural opportunities.
(11) making efforts to
raise the standard of living and public health.
(12) providing early
childhood care and education to all children until they complete the age of 6
years.
The
Gandhian Principles
There are certain
principles, based on the ideals advocated by Mahatma Gandhi. These Principles
are as follows : -
(1) To organize village
Panchayats.
(2) To promote cottage
industries in rural areas.
(3) To prohibit
intoxicating drinks and drugs that are injurious to health.
(4) To preserve and
improve the breeds of the cattle and prohibit slaughter of cows, calves and
other milch and drought animals.
Directive
Principles of State Policy Relating To International Peace And
Security
:
India should render
active cooperation for world peace and security and for that the state shall
endeavour to : -
(1) promote
international peace and security.
(2) maintain just and
honourable relations between nations.
(3) foster respect for
international laws and treaty obligations.
(4) encourage
settlements of international disputes by mutual agreement.
Miscellaneous
The Directive
Principles in this category call upon the state : -
(1) To secure for all
Indians a uniform civil code.
(2) To protect
historical monuments.
(3) To save environment
from pollution and protect wild life.
(4) To make
arrangements for disbursement of free legal justice through suitable legislation.
Directive
Principles :
Universalisation of Education,Child Labour and
Status of Women Illiteracy is a big hindrance in the achievement of the goals
of socio-economic justice and welfare state.
Universalisation
of Education
The percentage of
literate people at the time of independence was only 14%. Our government
realized the importance of education and laid stress on the spread of literacy among
the masses. Efforts have been made by the governments to raise this level. But
a large section of our population is still illiterate. The foremost effort
which is required in this field-is the spread of elementary education and its
universalisation. Due to increased number of drop outs at the primary stage,
the number of illiterates between 15 to 35 years of age has constantly
increased.
According to National
Policy on Education, 1986, the government has launched National Literacy
Mission, and ‘Operation Blackboard’ for the spread of mass literacy at primary stage.
For those who were deprived of the benefits of education in their childhood,
the government and many voluntary agencies are making special efforts to
educate them by opening night schools and adult literacy centers. Many distance
education programmes through correspondence courses, distance education and open
learning have been started in different states. The National Institute of Open Schooling
and several Open Universities have been set up to attain the goal of
universalisation of education. The Directive Principles providing free and
compulsory education for children upto the age of 14 years has been included
through the 86th Amendment Act, 2002 in the list of Fundamental Rights under
Article 21A.
Though much has been
achieved but still there is a long way to go to accomplish this objective of a
welfare state.
Child
Labour
You have already read
that one of the Directive Principles provides opportunities and facilities to
children to develop in a healthy manner. You have also read about the
Fundamental Right against Exploitation of children. Employment of children
below the age of 14 years in mines and industries which are hazardous to their
health is prohibited. Inspite of these provisions, the desired results have not
been reached. In most of the cases, the parents attitude is not conducive to
the elimination of child labour. They force their children to do some sort of
work to earn money and contribute to the family income. Poverty and social
stigma are certain constraints on the path of eradication of this problem apart
from the lack of will. All efforts by governments at various levels would prove
futile unless the willingness and awareness to get rid of the social challenge
comes from within. Dr. Abdul Kalam’s ‘dream of developed India 2020’ can be
achieved only when the children who are the future of the country are secured
and protected from being exploited. The children should not be deprived of
their right to enjoy childhood and right to education.
Status
of Women
Indian society
basically is a male dominated society in which father has been head of the family
and mother’s position has been subordinated to him. The position of a woman in such
a system is naturally weak. Women have been suffering a great deal on account
of cruel social customs and religious practices like, pardah and dowry etc.
Women as an integral
part, account for 495.74 million and represent 48.3% of the country’s total
population as per 2001 census. Necessity of raising the status and education of
women has already been stressed in our Constitution through Fundamental Rights
and various Directive Principles of State Policy. They have been provided with
the right to an adequate means of livelihood and equal pay with that of men for
their work. Women workers have also been provided for health-care and
maternity-relief.
Even in the Fundamental
Duties stress has been laid on the duty of every citizen of India to renounce
practices derogatory to the dignity of women. Many laws and judicial decisions
have restored the dignity of women. To protect their rights, measures have been
taken to give them share in the family property. For their emancipation from
cruel practices like bride burning for dowry, wife beating, sati etc. laws have
been enacted. Prohibition of female infanticide, foetouscide, discrimination
against girl child and child-marriage are some of the other measures that will
help in improving the status of women.
To empower women,
reservation of one third of seats through the 73rd and 74thAmendment Act,
1991,1992 for them has been made in the Panchayats and Municipalities. There is
a similar proposal for reservation of seats for them in the Parliament and in
the state Legislatures.
Critical
Analysis Of Directive Principles
Many critics have
called these Directive Principles of State Policy as not better than ‘New Year
Greetings’. Even the rationale of inserting such high sounding promises has been
questioned. It has been asserted that Directives are in the form of holy wishes
having no legal sanction behind them. Government is not bound to implement
them. Critics point out that they are not formulated keeping the practical
aspect these ideals in mind. Despite all this, it can not be said that these
Principles are absolutely useless. They have their own utility and
significance. The Directive Principles are just like a polestar that provide
direction. Their basic aim is to persuade the government to provide social and economic
justice in all spheres of life, keeping in view its limited material resources,
at the earliest possible. Many of them have been implemented very successfully.
Actually, no government can afford to ignore these instructions as they are the
mirror of the public opinion and also reflect the basic spirit of the Preamble
of our Constitution. Some of the steps taken in this direction are being listed
below:
(1) Land reforms have
been introduced and Jagirdari and Zamindari systems have been abolished.
(2) There has been
rapid industrialisation and tremendous increase in the agricultural production
through Green Revolution.
(3) National Commission
for the Welfare of Women has been established.
(4) Ceiling has been
placed on land and property to fix the limit of person’s holdings.
(5) The privy purses of
ex-princes have been abolished.
(6) Life Insurance,
General Insurance and most of the banks have been nationlised.
(7) In order to reduce
economic disparity, Right to Property has been deleted from the chapter on
Fundmental Rights.
(8) Subsidized public
distribution schemes have been launched to help the poor people.
(9) The rules require
that both men and women are paid equal wages for equal work.
(10) Untouchability has
been abolished. Sincere efforts have been made for the upliftment of the SCs
,STs and of other Backward Classes.
(11) Through 73rd and
74thAmendments to the constitution, (1991 & 1992 respectively), Panchayati
Raj has been given the constitutional status with more powers.
(12) Small scale and
village industries and Khadi Gram Udyog have been encouraged to bring
prosperity to the rural areas.
(13) India has also
been actively co-operating with the U.N. to promote international peace and
security.
The above steps on the
part of the central and state governments indicate that many Directive
Principles of State Policy have been implemented to lay down the foundations of
a secular, socialist and welfare state. However, still there is a long way to
go to achieve all of them in full.
There are many
hindrances in the non-implementation of Directive Principles of State Policy.
The main reasons are – (a) lack of political will on the part of the states,
(b) lack of awareness and organized action on the part of the people and (c)
limited material resources.
Distinction
between Fundamental Rights and Directive Principles
Now that you know about
Fundamental Rights and Directive Principles of State Policy, which are playing
an important role in the establishment of the political and socio-economic society
in India, it is important for you to learn about the distinction between the
two. The Fundamental Rights are claims of the citizens recognized by the state.
They are in the nature of denial of certain authority to the government. They
are, therefore, negative in nature. The Directive Principles are like positive
directions that the government at all levels must follow to contribute to the
establishment social and economic democracy in India.
Another point of
difference as mentioned earlier is that while the Fundamental Rights are justiciable
and are enforceable by the court of law, the Directive Principles are
nonjusticiable. In other words, the Supreme Court and the High Courts have the
powers to issue orders or writs for enforcement of Fundamental Rights. The
Directive Principles of State Policy, on the other hand, confer no legal rights
and create no legal remedies. This should not lead us to conclude that the
Directive Principles are inferior or subordinate to the Fundamental Rights.
Relationship
between Fundamental Rights and Directive Principles
Inspite of these
differences, there is a close relationship between the two. Fundamental Rights
and Directive Principles are complementary and supplementary to each other. Whereas
the Fundamental Rights establish political democracy, the Directive Principles establish
economic and social democracy. No government can afford to ignore them while formulating
its plans and policies as it is responsible for all its actions to the people
in general. Although there is no legal sanction behind these principles, the
ultimate sanction lies with the people. The people with their opinion will
never let the ruling party to acquire power again if it fails to adhere to
these guiding principles. Thus, our Constitution aims at bringing about a
synthesis between Fundamental Rights and Directive Principles of state policy.
Together, they form the core of the Constitution.
Fundamental
Duties
Rights and Duties are
two sides of a coin. There are no rights without duties, no duties without
rights. In fact, rights are born in a world ofDuties.
The original Constitution enforced in 1950,
did not mention Fundamental Duties of the citizens. It was hoped that citizens would
perform their duties willingly.
But, 42ndAmendment to
the Constitution added a new list of 10 duties in chapter IV under Article 51A
of the Constitution.
Duties
Enlisted
(i) To abide by the
Constitution and respect our National Flag and National Anthem.
(ii) To follow the
noble ideals that inspired our national freedom movement.
(iii) To protect the
unity and integrity of India.
(iv) To defend the
country when the need arises.
(v) To promote harmony
and brotherhood among all sections of the people and to respect the dignity of
women.
(vi) To preserve our
rich heritage and composite culture.
(vii) To protect and
improve our natural environment including forests, rivers, lakes and wildlife.
(viii) To develop
scientific outlook and humanism.
(ix) To protect public
property and not to use violence.
(x) To strive for
excellence in all spheres of individual and collective activity.
New
Addition
(xi) Clasue (K) Art 51A
Amendment Act 86th 2002.
(K) “a parent or
guardian to provide opportunities for education of his child or as the case may
be ward between the age of six and fourteen years.
Nature
of Fundamental Duties
Fundamental Duties for
citizens are in nature of a code of conduct. A few of these duties are even
vague and unrealistic. The non-justiciable character of these duties make them less
interesting. Moreover, their ambiguous language is another hindrance in their
being obeyed e.g. a citizen does not know how to maintain sovereignty,
integrity and glorious heritage of the country. There is a lot of truth in the
argument of the critics, yet, it would not be proper to call these duties as
only pious declarations.
CHILDREN'S RIGHTS
Children's rights are the human rights of children with particular attention to the rights of
special protection and care afforded to the young, including their right
to association with both biological parents, human identity as well as the basic needs for food,
universal state-paid education, health care and criminal laws appropriate for
the age and development of the child. Interpretations of children's rights
range from allowing children the capacity for autonomous action to the
enforcement of children being physically, mentally and emotionally free
from abuse, though what
constitutes "abuse" is a matter of debate. Other definitions include
the rights to care and nurturing.
"A child is any human being below the age of eighteen years, unless
under the law applicable to the child, majority is attained earlier." According
to Cornell University, a child is a person,
not a sub-person, and the parent has absolute
interest and possession of the child, but this is very much an American view.
The term "child" does not necessarily mean minor but can include
adult children as well as adult nondependent children. There are no
definitions of other terms used to describe young people such as "adolescents", "teenagers," or "youth" in international law, but the children's rights movement is
considered distinct from the youth rights movement.
Justifications
As minors by law children do
not have autonomy or the right to make decisions on their own for themselves in
any known jurisdiction of the world. Instead their adult caregivers, includingparents, social workers, teachers, youth workers, and others, are vested with that authority,
depending on the circumstances. Some believe that this state of affairs
gives children insufficient control over their own lives and causes them to be
vulnerable. Louis Althusser has gone so far as
describe this legal machinery, as it applies to children, as "repressive
state apparatuses".
Structures such as
government policy have been held by some commentators to mask the ways adults
abuse and exploit children, resulting in child poverty, lack of educational opportunities, and child
labor. On this view, children are to be regarded as a minority group towards whom society needs to reconsider
the way it behaves.
Researchers have identified children as needing to be recognized
as participants in society whose rights and
responsibilities need to be recognized at all ages.
Historic definitions of
children's rights
Consensus on defining children's rights has become clearer in the
last fifty years. A 1973 publication by Hillary Clinton (then an attorney) stated that children's
rights were a "slogan in need of a definition". According to
some researchers, the notion of children’s rights is still not well defined,
with at least one proposing that there is no singularly accepted definition or
theory of the rights held by children.
Children’s
rights law is
defined as the point where the law intersects with a child's life. That
includes juvenile delinquency, due process for children involved in the criminal
justice system, appropriate representation, and effective rehabilitative
services; care and protection for children in state care; ensuring education
for all children regardless of their origin, race, gender, disabilities, or
abilities, and; health care and advocacy.
Types of rights
Children's rights are defined in numerous ways, including a wide
spectrum of civil, cultural, economic, social and political rights. Rights tend
to be of two general types: those advocating for children as autonomous persons under the law and those placing a claim on
society for protection from harms perpetrated on children because of their
dependency. These have been labeled as the right of empowerment and as the right to protection. One Canadian organization categorizes
children's rights into three categories:
·
Provision: Children have the right to an adequate standard of living, health care, education and services, and to play and recreation. These include a balanced diet, a warm bed to sleep in, and access to schooling.
·
Protection: Children have the right to protection
from abuse, neglect, exploitation
and discrimination. This includes the right to safe places for children to
play; constructive child rearing behavior, and acknowledgment of the evolving capacities of children.
·
Participation: Children have the
right to participate in
communities and have programs and services for themselves. This includes children's
involvement in libraries and community programs, youth voice activities, and involving children as
decision-makers.
In a similar fashion,
the Child
Rights Information Network, or CRIN for short, categorizes rights into two groups:
·
Economic, social and cultural rights, related to the
conditions necessary to meet basic human needs such as food, shelter,
education, health care, and gainful employment. Included are rights to education, adequate housing, food, water, the highest
attainable standard of health, the right to work and rights at work, as well as the cultural rights of minorities and indigenous peoples.
·
Environmental, cultural and
developmental rights, which are sometimes called "third generation rights," and including
the right to live in safe and healthy environments and that groups of people
have the right to cultural, political, and economic development.
Amnesty International openly advocates
four particular children's rights, including the end to juvenile incarceration without parole, an end to the
recruitment of military use of children, ending the death penalty for people under 21, and raising awareness
of human rights in the
classroom.[1] Human Rights Watch, an international
advocacy organization, includes child labor, juvenile justice, orphans and abandoned
children, refugees, street children and corporal punishment.
Scholarly study
generally focuses children's rights by identifying individual rights. The
following rights "allow children to grow up healthy and free":
·
Ownership over one's body
Other issues affecting
children's rights include the military use of
children, sale of children, child prostitution and child pornography.
Difference between children's rights and youth rights
"In the majority of
jurisdictions, for instance, children are not allowed to vote, to marry, to buy
alcohol, to have sex, or to engage in paid employment." Within
the youth rights movement, it is believed that
the key difference between children's rights
and youth rights is that
children's rights supporters generally advocate the establishment and
enforcement of protection for children and youths, while youth rights (a far
smaller movement) generally advocates the expansion of freedom for children
and/or youths and of rights such as suffrage.
Parental rights
Parents affect the lives of children in a unique
way, and as such their role in children's rights has to be distinguished in a
particular way. Particular issues in the child-parent relationship
include child neglect, child abuse, freedom of choice, corporal punishment and child custody. There have been theories offered that
provide parents with rights-based practices that resolve the tension between
"commonsense parenting" and children's rights. The issue is
particularly relevant in legal proceedings that affect the potential emancipation of minors, and in cases where
children sue their parents.
A child's rights to a
relationship with both their parents is increasingly recognized as an important
factor for determining the best interests of the
child in divorce and child custody proceedings. Some governments have enacted
laws creating a rebuttable presumption that shared parenting is in the best interests of children.
Movement
The 1796 publication of Thomas Spence's Rights of Infants is among the earliest English-language
assertions of the rights of children. Throughout the 20th century children's
rights activists organized for homeless children's rights andpublic education. The 1927 publication of The Child's Right to Respect by Janusz Korczak strengthened the literature surrounding
the field, and today dozens of international organizations are working around
the world to promote children's rights.
Opposition
The opposition to
children's rights far outdates any current trend in society, with recorded
statements against the rights of children dating to the 13th century and
earlier. Opponents to children's rights believe that young people need to
be protected from the adultcentric world, including the decisions and
responsibilities of that world. In the dominate adult society, childhood
is idealized as a time of innocence, a time free of responsibility and
conflict, and a time dominated by play. The majority of opposition stems
from concerns related to national sovereignty, states' rights, the parent-child relationship. Financial
constraints and the "undercurrent of traditional values in opposition to
children's rights" are cited, as well. The concept of children's
rights has received little attention in the United States.
International law
The Universal
Declaration of Human Rights is seen as a basis for all international legal standards for
children's rights today. There are several conventions and laws that address
children's rights around the world. A number of current and historical
documents affect those rights, including the 1923 Declaration
of the Rights of the Child, drafted by Eglantyne Jebb and her sister Dorothy Buxton in London, England in 1919, endorsed by
the League of Nations and adopted by
the United Nations in 1946. It later
served as the basis for the Convention
on the Rights of the Child.
Convention on the Rights of the Child
The United Nations' 1989 Convention
on the Rights of the Child, or CRC, is the first legally binding international instrument to
incorporate the full range of human rights—civil, cultural, economic, political
and social rights. Its implementation is monitored by the Committee
on the Rights of the Child. National governments that ratify it commit themselves to
protecting and ensuring children's rights, and agree to hold themselves
accountable for this commitment before the international community. The
CRC is the most widely ratified human rights treaty with 190 ratifications.
Somalia and the USA are the only two countries which have not ratified the CRC.
The CRC is based on four core principles, namely the principle of non
discrimination, the best interests of the child, the right to life, survival
and development, and considering the views of the child in decisions which
affect them (according to their age and maturity). The CRC, along with
international criminal accountability mechanisms such as the International Criminal
Court,
the Yugoslavia and Rwanda Tribunals, and the Special
Court for Sierra Leone, is said to have significantly increased the profile of
children's rights worldwide.
Vienna Declaration and Programme of Action
Vienna
Declaration and Programme of Action urges at Section II para 47, all nations
to undertake measures to the maximum extent of their available resources, with
the support of international cooperation, to achieve the goals in the World
Summit Plan of Action. And calls on States to integrate the Convention on the
Rights of the Child into their national action plans. By means of these
national action plans and through international efforts, particular priority
should be placed on reducing infant and maternal mortality rates, reducing
malnutrition and illiteracy rates and providing access to safe drinking water
and basic education. Whenever so called for, national plans of action should be
devised to combat devastating emergencies resulting from natural disasters and armed conflicts and the equally grave problem of children
in extreme poverty. Further para 48 urges all states, with the support of
international cooperation, to address the acute problem of children under especially
difficult circumstances. Exploitation and abuse of children should be actively
combated, including by addressing their root causes. Effective measures are
required against female infanticide, harmful child labour, sale of children and organs, child prostitution, child pornography, as well as other forms of sexual abuse.[37] This gave an influence to adoptions
of Optional Protocol on the Involvement of Children in Armed
Conflictand Optional Protocol on the Sale of Children, Child
Prostitution and Child Pornography.
Enforcement
A variety of enforcement
organizations and mechanisms exist to ensure children's rights. They include
the Child Rights Caucus for the United
Nations General Assembly Special Session on Children. It was set up to promote full
implementation and compliance with the Convention on the Rights of the Child,
and to ensure that child rights were given priority during the UN General
Assembly Special Session on Children and its Preparatory process. The United
Nations Human Rights Council was created "with the hope that it
could be more objective, credible and efficient in denouncing human rights
violations worldwide than the highly politicized Commission on Human
Rights." The NGO Group for the Convention on the Rights of the Child is a
coalition of international non-governmental
organisations originally formed in 1983 to facilitate the implementation
of the United Nations Convention on the Rights of the Child.
Many countries around
the world have children's rights ombudspeople or children's commissioners whose
official, governmental duty is to represent the interests of the public by
investigating and addressing complaints reported by individual citizens
regarding children's rights. Children's ombudspeople can also work for a
corporation, a newspaper, an NGO, or even for the general public.
United States law
Children are generally
afforded the basic rights embodied by the Constitution, as enshrined by
the Fourteenth Amendment to the United States Constitution. The Equal Protection Clause of that amendment
is to apply to children, born within a marriage or not, but excludes children
not yet born. This was reinforced by the landmark US Supreme Court decision of In re Gault. In this trial
15-year-old Gerald Gault of Arizona was taken into custody by local police
after being accused of making an obscene telephone call. He was detained and
committed to the Arizona State Industrial School until he reached the age of 21
for making an obscene phone call to an adult neighbor. In an 8–1 decision, the
Court ruled that in hearings which could result in commitment to an
institution, people under the age of 18 have the right to notice and counsel,
to question witnesses, and to protection against self-incrimination. The Court
found that the procedures used in Gault's hearing met none of these
requirements.
There are other concerns
in the United States regarding children's rights. The American Academy of
Adoption Attorneys is concerned with children's rights to a safe, supportive
and stable family structure. Their position on children's rights in adoption
cases states that, "children have a constitutionally based liberty
interest in the protection of their established families, rights which are at
least equal to, and we believe outweigh, the rights of others who would claim a
'possessory' interest in these children." Other issues raised in
American children's rights advocacy include children's rights to inheritance
in same-sex marriages and particular
rights for youth.
German law
A report filed by the
President of the INGO
Conference of the Council of Europe, Annelise Oeschger finds that children and
their parents are subject to United Nations, European Union and UNICEF human rights violations. Of particular concern is the
German (and Austrian) agency, Jugendamt (German: Youth office) that often unfairly allows for unchecked
government control of the parent-child relationship, which have resulted in
harm including torture, degrading, crueltreatment and has led to
children's death. The problem is complicated by the nearly "unlimited
power" of the Jugendamt officers, with no processes to review or resolve
inappropriate or harmful treatment. By German law, Jugendamt officers are
protected against prosecution. Jugendamt (JA) officers span of control is seen
in cases that go to family court where experts testimony may be overturned by
lesser educated or experienced JA officers; In more than 90% of the cases the
JA officer's recommendation is accepted by family court. Officers have also
disregarded family court decisions, such as when to return children to their
parents, without repercussions. Germany has not recognized related
child-welfare decisions made by the European Parliamentary Court that have
sought to protect or resolve children and parental rights violations.
PLATFORM FOR ACTION
Strategic objective I. 1.Promote and protect the human
rights of women, through the full implementation of all human rights
instruments, especially the Convention on the Elimination of All Forms of
Discrimination against Women. Actions to be taken.Strategic objective I. 2. Ensure equality
and non-discrimination under the law and in practice. Actions to be taken.Strategic objective I. 3. Achieve legal
literacy. Actions to be taken.
Human
Rights of Women follow-up (Under construction)
Human rights and fundamental freedoms are the birthright of all
human beings; their protection and promotion is the first responsibility of
Governments.
The World Conference on Human Rights reaffirmed the solemn
commitment of all States to fulfill their obligation to promote universal
respect for, and observance and protection of, all human rights and fundamental
freedoms for all, in accordance with the Charter of the United Nations, other
instruments relating to human rights, and international law. The universal
nature of these rights and freedoms is beyond question.
The promotion and protection of all human rights and fundamental
freedoms must be considered as a priority objective of the United Nations, in
accordance with its purposes and principles, in particular with the purpose of
international cooperation. In the framework of these purposes and principles,
the promotion and protection of all human rights is a legitimate concern of the
international community. The international community must treat human rights
globally, in a fair and equal manner, on the same footing, and with the same
emphasis. The Platform for Action reaffirms the importance of ensuring the
universality, objectivity and non-selectivity of the consideration of human
rights issues.
The Platform for Action reaffirms that all human rights - civil,
cultural, economic, political and social, including the right to development -
are universal, indivisible, interdependent and interrelated, as expressed in
the Vienna Declaration and Programme of Action adopted by the World Conference
on Human Rights. The Conference reaffirmed that the human rights of women and
the girl child are an inalienable, integral and indivisible part of universal
human rights. The full and equal enjoyment of all human rights and fundamental
freedoms by women and girls is a priority for Governments and the United
Nations and is essential for the advancement of women.
Equal rights of men and women are explicitly mentioned in the
Preamble to the Charter of the United Nations. All the major international
human rights instruments include sex as one of the grounds upon which States
may not discriminate.
Governments must not only refrain from violating the human rights
of all women, but must work actively to promote and protect these rights.
Recognition of the importance of the human rights of women is reflected in the
fact that three quarters of the States Members of the United Nations have
become parties to the Convention on the Elimination of All Forms of
Discrimination against Women.
The World Conference on Human Rights reaffirmed clearly that the
human rights of women throughout the life cycle are an inalienable, integral
and indivisible part of universal human rights. The International Conference on
Population and Development reaffirmed women's reproductive rights and the right
to development. Both the Declaration of the Rights of the Child and
the Convention on the Rights of the Child guarantee children's rights
and uphold the principle of non-discrimination on the grounds of gender.
The gap between the existence of rights and their effective
enjoyment derives from a lack of commitment by Governments to promoting and
protecting those rights and the failure of Governments to inform women and men
alike about them. The lack of appropriate recourse mechanisms at the national
and international levels, and inadequate resources at both levels, compound the
problem. In most countries, steps have been taken to reflect the rights
guaranteed by the Convention on the Elimination of All Forms of Discrimination
against Women in national law. A number of countries have established
mechanisms to strengthen women's ability to exercise their rights.
In order to protect the human rights of women, it is necessary to
avoid, as far as possible, resorting to reservations and to ensure that no
reservation is incompatible with the object and purpose of the Convention or is
otherwise incompatible with international treaty law. Unless the human rights
of women, as defined by international human rights instruments, are fully
recognized and effectively protected, applied, implemented and enforced in
national law as well as in national practice in family, civil, penal, labour
and commercial codes and administrative rules and regulations, they will exist
in name only.
In those countries that have not yet become parties to the
Convention on the Elimination of All Forms of Discrimination against Women and
other international human rights instruments, or where reservations that are
incompatible with the object or purpose of the Convention have been entered, or
where national laws have not yet been revised to implement international norms
and standards, women's de jure equality is not yet secured. Women's full
enjoyment of equal rights is undermined by the discrepancies between some
national legislation and international law and international instruments on
human rights. Overly complex administrative procedures, lack of awareness
within the judicial process and inadequate monitoring of the violation of the
human rights of all women, coupled with the underrepresentation of women in
justice systems, insufficient information on existing rights and persistent
attitudes and practices perpetuate women's de facto inequality. De facto
inequality is also perpetuated by the lack of enforcement of, inter alia,
family, civil, penal, labour and commercial laws or codes, or administrative
rules and regulations intended to ensure women's full enjoyment of human rights
and fundamental freedoms.
Every person should be entitled to participate in, contribute to
and enjoy cultural, economic, political and social development. In many cases
women and girls suffer discrimination in the allocation of economic and social
resources. This directly violates their economic, social and cultural rights.
The human rights of all women and the girl child must form an
integral part of United Nations human rights activities. Intensified efforts
are needed to integrate the equal status and the human rights of all women and
girls into the mainstream of United Nations system-wide activities and to
address these issues regularly and systematically throughout relevant bodies
and mechanisms. This requires, inter alia, improved cooperation and
coordination between the Commission on the Status of Women, the United Nations
High Commissioner for Human Rights, the Commission on Human Rights, including
its special and thematic rapporteurs, independent experts, working groups and
its Subcommission on Prevention of Discrimination and Protection of Minorities,
the Commission on Sustainable Development, the Commission for Social
Development, the Commission on Crime Prevention and Criminal Justice, and the
Committee on the Elimination of Discrimination against Women and other human
rights treaty bodies, and all relevant entities of the United Nations system,
including the specialized agencies. Cooperation is also needed to strengthen,
rationalize and streamline the United Nations human rights system and to
promote its effectiveness and efficiency, taking into account the need to avoid
unnecessary duplication and overlapping of mandates and tasks.
If the goal of full realization of human rights for all is to be
achieved, international human rights instruments must be applied in such a way
as to take more clearly into consideration the systematic and systemic nature
of discrimination against women that gender analysis has clearly indicated.
Bearing in mind the Programme of Action of the
International Conference on Population and Development and the Vienna Declaration and Programme
of Action adopted by the World Conference on Human Rights, the Fourth
World Conference on Women reaffirms that reproductive rights rest on the
recognition of the basic right of all couples and individuals to decide freely
and responsibly the number, spacing and timing of their children and to have
the information and means to do so, and the right to attain the highest standard
of sexual and reproductive health. It also includes their right to make
decisions concerning reproduction free of discrimination, coercion and
violence, as expressed in human rights documents.
Violence against women both violates and impairs or nullifies the
enjoyment by women of human rights and fundamental freedoms. Taking into
account the Declaration on the Elimination of Violence against Women and the
work of Special Rapporteurs, gender-based violence, such as battering and other
domestic violence, sexual abuse, sexual slavery and exploitation, and
international trafficking in women and children, forced prostitution and sexual
harassment, as well as violence against women, resulting from cultural
prejudice, racism and racial discrimination, xenophobia, pornography, ethnic
cleansing, armed conflict, foreign occupation, religious and anti-religious
extremism and terrorism are incompatible with the dignity and the worth of the
human person and must be combated and eliminated. Any harmful aspect of certain
traditional, customary or modern practices that violates the rights of women
should be prohibited and eliminated. Governments should take urgent action to
combat and eliminate all forms of violence against women in private and public
life, whether perpetrated or tolerated by the State or private persons.
Many women face additional barriers to the enjoyment of their
human rights because of such factors as their race, language, ethnicity,
culture, religion, disability or socio-economic class or because they are
indigenous people, migrants, including women migrant workers, displaced women
or refugees. They may also be disadvantaged and marginalized by a general lack
of knowledge and recognition of their human rights as well as by the obstacles
they meet in gaining access to information and recourse mechanisms in cases of
violation of their rights.
The factors that cause the flight of refugee women, other
displaced women in need of international protection and internally displaced
women may be different from those affecting men. These women continue to be
vulnerable to abuses of their human rights during and after their flight.
While women are increasingly using the legal system to exercise
their rights, in many countries lack of awareness of the existence of these rights
is an obstacle that prevents women from fully enjoying their human rights and
attaining equality. Experience in many countries has shown that women can be
empowered and motivated to assert their rights, regardless of their level of
education or socio-economic status. Legal literacy programmes and media
strategies have been effective in helping women to understand the link between
their rights and other aspects of their lives and in demonstrating that
cost-effective initiatives can be undertaken to help women obtain those rights.
Provision of human rights education is essential for promoting an understanding
of the human rights of women, including knowledge of recourse mechanisms to
redress violations of their rights. It is necessary for all individuals,
especially women in vulnerable circumstances, to have full knowledge of their
rights and access to legal recourse against violations of their rights.
Women engaged in the defence of human rights must be protected.
Governments have a duty to guarantee the full enjoyment of all rights set out
in the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights by women working peacefully in a personal or organizational
capacity for the promotion and protection of human rights. Non-governmental
organizations, women's organizations and feminist groups have played a
catalytic role in the promotion of the human rights of women through
grass-roots activities, networking and advocacy and need encouragement, support
and access to information from Governments in order to carry out these
activities.
In addressing the enjoyment of human rights, Governments and other
actors should promote an active and visible policy of mainstreaming a gender
perspective in all policies and programmes so that, before decisions are taken,
an analysis is made of the effects on women and men, respectively.
Strategic
objective I.1.
Promote and protect the human rights of women, through the full implementation of all human rights instruments, especially the Convention on the Elimination of All Forms of Discrimination against Women
Promote and protect the human rights of women, through the full implementation of all human rights instruments, especially the Convention on the Elimination of All Forms of Discrimination against Women
Actions
to be taken
By Governments:
a. Work actively towards
ratification of or accession to and implement international and regional human
rights treaties;
b. Ratify and accede to and
ensure implementation of the Convention on the Elimination of All Forms of
Discrimination against Women so that universal ratification of the Convention
can be achieved by the year 2000;
c. Limit the extent of any
reservations to the Convention on the Elimination of All Forms of
Discrimination against Women; formulate any such reservations as precisely and
as narrowly as possible; ensure that no reservations are incompatible with the
object and purpose of the Convention or otherwise incompatible with
international treaty law and regularly review them with a view to withdrawing
them; and withdraw reservations that are contrary to the object and purpose of
the Convention on the Elimination of All Forms of Discrimination against Women
or which are otherwise incompatible with international treaty law;
d. Consider drawing up
national action plans identifying steps to improve the promotion and protection
of human rights, including the human rights of women, as recommended by the
World Conference on Human Rights;
e. Create or strengthen
independent national institutions for the protection and promotion of these
rights, including the human rights of women, as recommended by the World
Conference on Human Rights;
f. Develop a comprehensive
human rights education programme to raise awareness among women of their human
rights and raise awareness among others of the human rights of women;
g. If they are States
parties, implement the Convention by reviewing all national laws, policies,
practices and procedures to ensure that they meet the obligations set out in
the Convention; all States should undertake a review of all national laws,
policies, practices and procedures to ensure that they meet international human
rights obligations in this matter;
h. Include gender aspects
in reporting under all other human rights conventions and instruments,
including ILO conventions, to ensure analysis and review of the human rights of
women;
i.
Report on schedule to the Committee on the Elimination of
Discrimination against Women regarding the implementation of the Convention,
following fully the guidelines established by the Committee and involving
non-governmental organizations, where appropriate, or taking into account their
contributions in the preparation of the report;
j.
Enable the Committee on the Elimination of Discrimination against
Women fully to discharge its mandate by allowing for adequate meeting time
through broad ratification of the revision adopted by the States parties to the
Convention on the Elimination of All Forms of Discrimination against Women on
22 May 1995 relative to article 20, paragraph 1, and by promoting efficient working
methods;
k. Support the process
initiated by the Commission on the Status of Women with a view to elaborating a
draft optional protocol to the Convention on the Elimination of All Forms of
Discrimination against Women that could enter into force as soon as possible on
a right of petition procedure, taking into consideration the Secretary- General's
report on the optional protocol, including those views related to its
feasibility;
l.
Take urgent measures to achieve universal ratification of or
accession to the Convention on the Rights of the Child before the end of 1995
and full implementation of the Convention in order to ensure equal rights for
girls and boys; those that have not already done so are urged to become parties
in order to realize universal implementation of the Convention on the Rights of
the Child by the year 2000;
m. Address the acute problems
of children, inter alia, by supporting efforts in the context of the United
Nations system aimed at adopting efficient international measures for the
prevention and eradication of female infanticide, harmful child labour, the
sale of children and their organs, child prostitution, child pornography and
other forms of sexual abuse and consider contributing to the drafting of an
optional protocol to the Convention on the Rights of the Child;
n. Strengthen the
implementation of all relevant human rights instruments in order to combat and
eliminate, including through international cooperation, organized and other
forms of trafficking in women and children, including trafficking for the
purposes of sexual exploitation, pornography, prostitution and sex tourism, and
provide legal and social services to the victims; this should include
provisions for international cooperation to prosecute and punish those
responsible for organized exploitation of women and children;
o. Taking into account the
need to ensure full respect for the human rights of indigenous women, consider
a declaration on the rights of indigenous people for adoption by the General
Assembly within the International Decade of the World's Indigenous People and
encourage the participation of indigenous women in the working group
elaborating the draft declaration, in accordance with the provisions for the
participation of organizations of indigenous people.
By relevant organs, bodies and agencies of the United Nations
system, all human rights bodies of the United Nations system, as well as the
United Nations High Commissioner for Human Rights and the United Nations High
Commissioner for Refugees, while promoting greater efficiency and effectiveness
through better coordination of the various bodies, mechanisms and procedures,
taking into account the need to avoid unnecessary duplication and overlapping
of their mandates and tasks:
a. Give full, equal and
sustained attention to the human rights of women in the exercise of their
respective mandates to promote universal respect for and protection of all
human rights - civil, cultural, economic, political and social rights,
including the right to development;
b. Ensure the
implementation of the recommendations of the World Conference on Human Rights
for the full integration and mainstreaming of the human rights of women;
c. Develop a comprehensive
policy programme for mainstreaming the human rights of women throughout the
United Nations system, including activities with regard to advisory services,
technical assistance, reporting methodology, gender-impact assessments,
coordination, public information and human rights education, and play an active
role in the implementation of the programme;
d. Ensure the integration
and full participation of women as both agents and beneficiaries in the
development process and reiterate the objectives established for global action
for women towards sustainable and equitable development set forth in the Rio
Declaration on Environment and Development;
e.
Include information on gender-based human rights violations in
their activities and integrate the findings into all of their programmes and
activities;
f.
Ensure that there is collaboration and coordination of the work of
all human rights bodies and mechanisms to ensure that the human rights of women
are respected;
g.
Strengthen cooperation and coordination between the Commission on
the Status of Women, the Commission on Human Rights, the Commission for Social
Development, the Commission on Sustainable Development, the Commission on Crime
Prevention and Criminal Justice, the United Nations human rights treaty
monitoring bodies, including the Committee on the Elimination of Discrimination
against Women, and the United Nations Development Fund for Women, the
International Research and Training Institute for the Advancement of Women, the
United Nations Development Programme, the United Nations Children's Fund and
other organizations of the United Nations system, acting within their mandates,
in the promotion of the human rights of women, and improve cooperation between
the Division for the Advancement of Women and the Centre for Human Rights;
h.
Establish effective cooperation between the United Nations High
Commissioner for Human Rights and the United Nations High Commissioner for
Refugees and other relevant bodies, within their respective mandates, taking
into account the close link between massive violations of human rights,
especially in the form of genocide, ethnic cleansing, systematic rape of women
in war situations and refugee flows and other displacements, and the fact that
refugee, displaced and returnee women may be subject to particular human rights
abuse;
i.
Encourage incorporation of a gender perspective in national
programmes of action and in human rights and national institutions, within the
context of human rights advisory services programmes;
j.
Provide training in the human rights of women for all United
Nations personnel and officials, especially those in human rights and
humanitarian relief activities, and promote their understanding of the human rights
of women so that they recognize and deal with violations of the human rights of
women and can fully take into account the gender aspect of their work;
k.
In reviewing the implementation of the plan of action for the
United Nations Decade for Human Rights Education (1995-2004), take into account
the results of the Fourth World Conference on Women.
Strategic objective
I.2.
Ensure equality and non-discrimination under the law and in practice
Ensure equality and non-discrimination under the law and in practice
Actions to be taken
By Governments:
a. Give priority to
promoting and protecting the full and equal enjoyment by women and men of all
human rights and fundamental freedoms without distinction of any kind as to
race, colour, sex, language, religion, political or other opinions, national or
social origins, property, birth or other status;
b. Provide constitutional
guarantees and/or enact appropriate legislation to prohibit discrimination on
the basis of sex for all women and girls of all ages and assure women of all
ages equal rights and their full enjoyment;
c. Embody the principle of
the equality of men and women in their legislation and ensure, through law and
other appropriate means, the practical realization of this principle;
d. Review national laws,
including customary laws and legal practices in the areas of family, civil, penal,
labour and commercial law in order to ensure the implementation of the
principles and procedures of all relevant international human rights
instruments by means of national legislation, revoke any remaining laws that
discriminate on the basis of sex and remove gender bias in the administration
of justice;
e. Strengthen and encourage
the development of programmes to protect the human rights of women in the
national institutions on human rights that carry out programmes, such as human
rights commissions or ombudspersons, according them appropriate status,
resources and access to the Government to assist individuals, in particular
women, and ensure that these institutions pay adequate attention to problems
involving the violation of the human rights of women;
f. Take action to ensure
that the human rights of women, including the rights referred to in paragraphs
94 to 96 above, are fully respected and protected;
g. Take urgent action to
combat and eliminate violence against women, which is a human rights violation,
resulting from harmful traditional or customary practices, cultural prejudices
and extremism;
h. Prohibit female genital
mutilation wherever it exists and give vigorous support to efforts among
non-governmental and community organizations and religious institutions to
eliminate such practices;
i.
Provide gender-sensitive human rights education and training to
public officials, including, inter alia, police and military personnel,
corrections officers, health and medical personnel, and social workers,
including people who deal with migration and refugee issues, and teachers at
all levels of the educational system, and make available such education and
training also to the judiciary and members of parliament in order to enable
them to better exercise their public responsibilities;
j.
Promote the equal right of women to be members of trade unions and
other professional and social organizations;
k. Establish effective
mechanisms for investigating violations of the human rights of women
perpetrated by any public official and take the necessary punitive legal
measures in accordance with national laws;
l.
Review and amend criminal laws and procedures, as necessary, to
eliminate any discrimination against women in order to ensure that criminal law
and procedures guarantee women effective protection against, and prosecution
of, crimes directed at or disproportionately affecting women, regardless of the
relationship between the perpetrator and the victim, and ensure that women
defendants, victims and/or witnesses are not revictimized or discriminated
against in the investigation and prosecution of crimes;
m. Ensure that women have
the same right as men to be judges, advocates or other officers of the court,
as well as police officers and prison and detention officers, among other
things;
n. Strengthen existing or
establish readily available and free or affordable alternative administrative
mechanisms and legal aid programmes to assist disadvantaged women seeking
redress for violations of their rights;
o. Ensure that all women
and non-governmental organizations and their members in the field of protection
and promotion of all human rights - civil, cultural, economic, political and
social rights, including the right to development - enjoy fully all human
rights and freedoms in accordance with the Universal Declaration of Human
Rights and all other human rights instruments and the protection of national
laws;
p. Strengthen and encourage
the implementation of the recommendations contained in the Standard Rules on
the Equalization of Opportunities for Persons with Disabilities, paying special
attention to ensure non-discrimination and equal enjoyment of all human rights
and fundamental freedoms by women and girls with disabilities, including their
access to information and services in the field of violence against women, as
well as their active participation in and economic contribution to all aspects
of society;
q.
Encourage the development of gender-sensitive human rights
programmes.
Strategic objective I.3.
Achieve legal literacy
Achieve legal literacy
Actions to be taken By Governments and
non-governmental organizations, the United Nations and other international
organizations, as appropriate:
Translate, whenever
possible, into local and indigenous languages and into alternative formats
appropriate for persons with disabilities and persons at lower levels of
literacy, publicize and disseminate laws and information relating to the equal
status and human rights of all women, including the Universal Declaration of
Human Rights, the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights, the Convention
on the Elimination of All Forms of Discrimination against Women, the
International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the
Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the Declaration on the Right to
Development and the
Declaration on the Elimination of Violence against Women, as well as the
outcomes of relevant United Nations conferences and summits and national
reports to the Committee on the Elimination of Discrimination against Women;
Publicize and
disseminate such information in easily understandable formats and alternative
formats appropriate for persons with disabilities, and persons at low levels of
literacy;
Disseminate information
on national legislation and its impact on women, including easily accessible
guidelines on how to use a justice system to exercise one's rights;
Include information about
international and regional instruments and standards in their public
information and human rights education activities and in adult education and
training programmes, particularly for groups such as the military, the police
and other law enforcement personnel, the judiciary, and legal and health
professionals to ensure that human rights are effectively protected;
Make widely available
and fully publicize information on the existence of national, regional and
international mechanisms for seeking redress when the human rights of women are
violated;
Encourage, coordinate
and cooperate with local and regional women's groups, relevant non-governmental
organizations, educators and the media, to implement programmes in human rights
education to make women aware of their human rights;
Promote education on the
human and legal rights of women in school curricula at all levels of education
and undertake public campaigns, including in the most widely used languages of
the country, on the equality of women and men in public and private life,
including their rights within the family and relevant human rights instruments
under national and international law;
Promote education in all
countries in human rights and international humanitarian law for members of the
national security and armed forces, including those assigned to United Nations
peace-keeping operations, on a routine and continuing basis, reminding them and
sensitizing them to the fact that they should respect the rights of women at
all times, both on and off duty, giving special attention to the rules on the
protection of women and children and to the protection of human rights in
situations of armed conflict;
Take appropriate
measures to ensure that refugee and displaced women, migrant women and women
migrant workers are made aware of their human rights and of the recourse
mechanisms available to them.
DALIT RIGHTS
DALIT AND ADIVASI RIGHTS INTIATIVE
The Indian Constitution banned the practice of untouchablity
under Article 17 and the Schedule Caste/ Schedule Tribes (Prevention of
Atrocities Act), 1989 was introduced to combat persecution and discrimination
against Dalits and Adivasi (tribal) people. Despite the existence of these
strong legal provisions, Dalit and Adivasi populations have found it virtually impossible
to access their rights through the legal system. In this context, the Dalit and
Adivasi Rights Initiative provides legal aid and rights-awareness to members of
Dalit and Adivasi communities and uses the law to ensure that the violation of
Dalit and Adivasi rights are addressed through the legal system.
WHAT WE DO
This initiative works with the affected communities to set up
legal aid centers in order to increase access to justice for Dalit and Adivasi
populations. A crucial element of our work is creating awareness amongst these
marginalized communities about their fundamental human rights through training
programmes and publications in vernacular languages on Dalit/Adivasi rights and
the law. Another significant component of this initiative is building a network
of Dalit/Adivasi lawyers, while simultaneously sensitizing the judiciary to the
needs and issues of populations marginalized by caste and tribal status. For
this purpose, we organize 10-12 training programmes annually, in different
parts of the country, which function as a forum for discussion, consultation,
and sensitization.
This Initiative also files individual cases as well as public
interest litigations in order to bring litigation on Dalit and Adivasi issues
into the mainstream. We provide legal expertise in crisis situations by
conducting fact-findings, rescues, and crisis-interventions in cases of
atrocities. Our team has developed alliances with organizations, Schedule
Caste/ Schedule Tribe unions and grassroots organizations; has engaged in
advocacy and campaigns; and is part of the larger movement working for Dalit/
Adivasi rights in India.
ISSUES OF CONCERN
• The practice of
untouchability and discrimination against Dalits/ Adivasis
• Unorganised labour (Migrant Labour, Bonded Labour & Child Labour etc.)
• Manual scavenging
• Dalit/ Adivasi women’s rights
• Protecting the rights of couples in inter-caste/ intra-gotra marriages
• Dalit/ Adivasi land rights
• Affirmative actions/ Protective Discrimination
• Special developmental schemes/ policies related to Dalit/Adivasi populations
• Unorganised labour (Migrant Labour, Bonded Labour & Child Labour etc.)
• Manual scavenging
• Dalit/ Adivasi women’s rights
• Protecting the rights of couples in inter-caste/ intra-gotra marriages
• Dalit/ Adivasi land rights
• Affirmative actions/ Protective Discrimination
• Special developmental schemes/ policies related to Dalit/Adivasi populations
MAJOR IMPACTS
The Dalit Rights Initiative at HRLN has been instrumental in
bringing about some landmark legal decisions on Dalit/ Adivasi rights, which
have positively impacted the lives of thousands of people around the country.
Dalit populations are often forced into manual labour and scavenging (disposing
of human excrement, animal carcasses, etc.). A decision passed by the Delhi
High Court achieved significant results when the court directed the government
to improve the safety conditions of sewer workers in Delhi. This case, however,
also created a wider impact in the Dalit community, when the courts also
directed that the state should aim towards completely phasing out of the
employment of persons to clean sewers, on an emergent basis. (See: National
Campaign for Dignity and Rights of Sewerage and Allied Workers Vs. MCD &
Ors.)
Another public interest litigation filed in the Orissa High
Court challenged the inaction of the Ministry of Forest and Environment and the
Ministry of Tribal Affairs in implementing the Scheduled Tribe and Other Forest
Dwellers (Reorganization of Forest Rights) Act, 2006. Our petition forced the
authorities to pass orders in all pending applications under the Act within 3 months
and clarified that each order should be verbally communicated to every
applicant. (See: Digee Murmu Vs. Union of India)
Our team places particular emphasis on ensuring that the
perpetrators of caste-based atrocities are held accountable for their actions
through the legal system. In a historic judgment, the Giridh District Court
granted life imprisonment with a cost of Rs. 25,000 seven persons responsible
for killing a Dalit man. Such judgments set legal precedent and send out a
hard-hitting message that the judicial system will grant no impunity to
perpetrators of crimes against Dalits and Adivasis.
Our lawyers have filed a number of individual cases that have achieved significant large-scale results. For example, one of the major forms of discrimination against marginalized sections is the refusal of the police to lodge FIRs against upper-caste perpetrators. We have intervened in many such cases, securing court directions for lodging FIRs and carrying out investigations into cases of atrocities against Dalits/ Adivasi
Our lawyers have filed a number of individual cases that have achieved significant large-scale results. For example, one of the major forms of discrimination against marginalized sections is the refusal of the police to lodge FIRs against upper-caste perpetrators. We have intervened in many such cases, securing court directions for lodging FIRs and carrying out investigations into cases of atrocities against Dalits/ Adivasi
Human Rights and
Law:
Bonded Labour
""Human Rights and Law: Bonded Labour
in India" deals with the problem of debt bondage and the way it has been
treated during the British as well as in the post-independence period. Analysis
has been made of the motivations for carrying out the reform; the processes
involved in formulating the legislation, contributions by different agencies,
discussion in the parliament, etc. The two legislations: the Indian Slavery
Act, 1843 and bonded labour system (Abolition) Act, 1976 provide a comparative
perspective in the making of social legislation in two different historical
settings and different political systems.
The statute on debt and its enforcement has been carried out by four distinct political authorities. India under the Company, India under the Crown; Provincial Governments (1937-1939); and Independent India .
The statute on debt and its enforcement has been carried out by four distinct political authorities. India under the Company, India under the Crown; Provincial Governments (1937-1939); and Independent India .
The problems in the enforcement of the statues
have been analyzed drawing evidence from modern Indian history, state-society
relationship, motivations of the officials and the political context of
administration."
Wages
Section 6(1) of the Act states: "Where employees
of both sexes perform the same or substantially similar work for an employer in
an establishment the employer shall pay the employees at the same rate of
pay." Any pay differentials must be based on factors other than gender.
Job descriptions or classifications
should reflect the total expectations of a position. In Alberta, different job
descriptions for two similar positions do not legally justify a pay
differential because one job is held by a man and the other by a woman. Section
6(2) of the Act specifies
that an employer should not reduce an employee's rate of pay to equalize pay
rates between women and men.
Employers are entitled to pay
employees different rates of pay based on factors such as experience, education
and merit. These factors should be assessed objectively and applied
consistently regardless of gender.
In Alberta, it is the employer who
is responsible for ensuring non-discriminatory employment practices.
The employer must ensure that
employees are hired, promoted, paid or dismissed according to objective
guidelines, applied equally to both sexes.
Capital
punishment
"Death penalty" and
"Death sentence" redirect here. For other uses, see Death
penalty (disambiguation) and Death
sentence (disambiguation). "Execution" and "Execute" redirect here. For
other uses, see Execution (disambiguation)and Execute (disambiguation). For other uses, see Capital
punishment (disambiguation).
Capital punishment or the death penalty is a legal process whereby a person is
put to death by the state as a punishment for a crime. The judicial decree that someone
be punished in this manner is a death sentence, while the actual
process of killing the person is an execution. Crimes that can result in a
death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally "regarding the head" (referring to
execution by beheading).
Capital punishment has, in the past, been practised by most
societies (one notable exception being Kievan Rus); currently
58 nations actively practise it, and 97 countries have abolished it (the
remainder have not used it for 10 years or allow it only in exceptional
circumstances such as wartime).
It is a matter of active controversy in various countries
and states, and positions can vary within a single political ideology or cultural region. In the European Union member states, Article 2 of the Charter of
Fundamental Rights of the European Union prohibits the use of capital punishment.
Currently, Amnesty International considers most countries abolitionist. The UN General Assembly has adopted, in 2007, 2008 and 2010, non-binding
resolutions calling for a global moratorium on executions, with a view to eventual abolition. Although many nations have abolished
capital punishment, over 60% of the world's population live in countries where
executions take place, such as the People's
Republic of China, India, the United States of America and Indonesia, the four most-populous countries in the world, which continue to apply the death penalty (although in
India, Indonesia and in many US states it is rarely employed). Each of these
four nations voted against the General Assembly resolutions.
NATIONAL HUMAN RIGHTS
COMMISSION (NHRC)
Pawan Sinha•
The idea of Human Rights is as
old as the state itself. After Second World War
the emergence of League of Nations and U N O thereafter, the world
manifested its deep concern for Human
Rights. In 1960 the ECOSOC emphasized the role of NHRIs (National Human Rights Institutions).
After this, Paris Principles of 1991,
Vienna Declaration and Programme of Action 1993 and UN General Assembly
of 1993, all endorsed the need of
“independent, accountable and accessible”
NHRIs. Within home also the Government of India was facing severe
criticisms for alleged violations of
Human Rights in Jammu and Kashmir, Punjab and
Assam. Because of internal and international pressure it became
obligatory for Indian Government to
constitute a specialized agency to deal with the issues of protection and promotion of Human Rights.
President of India promulgated an
Ordinance on 28th September 1993 which after some amendments became
the Act and NHRC was constituted under
this Act on 12th October 1993.
“Human Rights” is not an abstract or ideal
concept but it is very much a pragmatic
concept about those rights which are considered to be absolutely essential for the survival, dignified life
and development of all human beings. In
fact state was created for the sake of maintenance of rights of man that
are endowed to him by the nature.
Different scholars and philosophers have
assigned different duties to the state. For example Kautilya in
Arthashastra has advised that the
protection of the life, property and dignity of “Praja” (citizens) is the prime duty of the King. In Leviathan1 ,
Thomas Hobbes, who otherwise believed in
the absolute power of the ruler, too does not allow the king to violate the right of an individual to have life.
According to Locke state existed only to
protect Natural Rights of individuals i.e. right to life, property and
liberty2 . Besides them Rousseau, Montesquieu,
Kant, Thomas Pain, Mill, Bentham, Karl Marx and
John Rawls have been the protagonists of the rights that a state has to
protect and maintain. To Harold J. Laski
a state is known by the rights it maintains3
According to him the very
purpose of the existence of state is to recognize and protect the rights of individuals. Thus, it
can be concluded that man created state
for the protection and maintenance of his rights. The history of
evolution of the systems of governance
also manifests that any system if not able to protect the rights of the citizens, was rejected and
changed. In modern times Human Rights
have become a movement. International organizations, governments and
nongovernmental agencies have continuously been exploring the dynamics of human rights and have been working to evolve
such mechanisms which could safeguard
the rights of human beings.
Factors leading to the
formation of NHRC
The history of human rights
movement can be traced from 13th century. Magna
Carta (1215), the Petition of Rights (1628), Bill of Rights (1689),
Virginia Declaration of Rights (1776),
the American Declaration of Independence (1776), the French Declaration of the Rights Man and
Citizens (1789), and the American Bill
of Rights (1791) were the documents which gave human rights their initial constitutional status. Most of these
documents were the result of long struggles
of the people. After the First World War, world community started
showing its concern for global
mechanisms to protect human rights. After the formation of the League of Nations first international effort
was made for human rights on 25th September, 1926 in first
conference against colonialism and serfdom. Again on 28th June 1930 a conference was held on
Forced Labour. But it was only after the
formation of United Nations that human rights movement got momentum, they were defined scientifically and concrete
measures were taken for the protection
and promotion of human rights. On 10th December 1948 UN adopted the Universal Declaration of Human Rights and
subsequently adopted two more covenants
(one on Economic, Social and Cultural Rights and other on Civil and Political Rights) on 16th December 1966 and
they came into force on 3rd January, 1976 and 23rd March 1976
respectively. Both the covenants were
binding on the rectifying states. Another major development occurred in September, 1978 when Commission on Human
Rights organized a seminar in Geneva
where a set of guideline was evolved regarding the functions of National Human Rights Institutions (NHRIs) These
guidelines were endorsed by the UN General
Assembly. It created a lot of pressure on the member states to constitute NHRIs. A series of reports, workshops and
seminar were organized by the UN to prepare
the member states for the cooperation between national and international agencies for Human Rights
protection and promotion. The conclusion
arrived at, after deliberations of this Workshop, came to be known as Paris Principles of 1991. The role of NHRIs
was also emphasized in the Vienna Declaration
and Programme of Action in 1993. The General Assembly through its resolution 48A/134 of 20th December, 1993
endorsed the same5 . Since India was closely
and actively participating in all these developments, it became obligatory to set up NHRI at home.
On the domestic front also the
demand for setting up of a specialized agency to deal with human rights issues was at the peak
of it. On the alleged violations of human
rights in Assam, Punjab and J& K by the armed forces and terrorists, India was facing criticisms by national and
international NGOs and media. Besides
these issues like exploitation of women, child labour, exploitation of employees at work place, riots etc. were also
haunting the government of India.
In the absence of any
specialized agency the government was in deep dilemma on how to tackle the problem.
Constitution of NHRC
Because of internal and
international pressure Government of India introduced the Human Rights Commission Bill in the Lok
Sabha on 14th May, 1992. On 28th September 1993 President of India
promulgated an ordinance namely Protection of Human Rights Ordinance. This ordinance was
replaced by the Protection of Human
Rights Act 1993 which was passed by both the Houses of Parliament. Finally, the National Human Rights Commission
(NHRC) was constituted under this Act on
12th, October, 1993. This Act drew its inspiration mostly from international covenants like the International
Covenant on Civil and Political Rights
and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United
Nations on the 16th December, 1966. Even
in defining human rights the Act has mentioned about these covenants frequently.
Objectives of National
Human Rights Commission
According to the Protection of Human Rights
Act 1993 the National Human Rights
Commission was constituted for better protection of human rights and for matters connected therewith or incidental
thereto (NHRC). Independent Status of
National Human Rights Commission Protection
of Human Rights Act 1993 provides the Commission with functional autonomy as enshrined in Paris Principles6 .Composition
of the Commission, qualifications of the
members and method of appointment of the members as enshrined in the Act are such that ensures an
independent functioning of the Commission.
For example the selection committee to appoint the members the Commission consists of,
(A) Prime Minister of India,
(B) Speaker of Lok Sabha
(C) Minister, and Ministry of
Home Affairs Government of India
(D) Leader of
Opposition in Lok Sabha
(E) Leader of Opposition in
Rajya Sabha, and
(F) Deputy Chairman of the
Council of States.
The very composition of the
selection committee shows that the
members of the Commission must have the confidence
of not only the ruling party but also the Opposition. Also the presence of Speaker of Lok Sabha and Deputy Chairperson
of Rajya Sabha ensures the support of
Legislature to these members. In addition to this, presence of three members from judiciary also provides further
legitimacy and independence to the Commission.
Security of the tenure of the
members, removal of the members by the
President of India on the ground of proved misconduct or incapacity and the budget of the Commission which is passed by
the Parliament(Section 32(1) and (2))
are certain other features of the Act to provide independence to the Commission.
Composition of National Human
Rights Commission7 The headquarters of the Commission shall be at Delhi and the
Commission may, with the previous
approval of the Central Government, establish offices at other places in India.
According to the Section 3(2)
the Commission shall consist of:
(1) a
Chairperson who has been a Chief Justice of the Supreme Court;
(2) one Member who is or has
been, a Judge of the Supreme Court;
(3) one Member who is, or has been, the Chief
Justice of a High Court;
(4) & (5) two Members to be
appointed from amongst persons having knowledge of, or practical experience in, matters
relating to human rights.
In addition to this there will
be three ex-officio member of the Commission (Section 3 (3))
(6) The Chairperson of the
National Commission for Minorities.
(7) The Chairperson of the
National Commission for the Scheduled Castes and Scheduled Tribes, and
(8) The Chairperson of the
National Commission for Women Besides these nominated members there is a
Secretary-General who is the Chief Executive
Officer of the Commission and exercises such powers and discharges such functions of the Commission as it may
delegate to him.
Appointment of
Chairperson and other Members of NHRC
According to the Section 4 of
the Act the Chairperson and other Members of the comission are appointed by the President of
India. Every appointment under this section is made after obtaining the
recommendations of a Committee consisting of-
(a) The Prime Minister is
Chairperson of this Committee. Other members are-
(b) Speaker of the Lok Sabha;
(c) Minister in-charge of the
Ministry of Home Affairs in the Government of India;
(d) Leader of the Opposition in
the House of the People;
(e) Leader of the Opposition in
the Council of States;
(f) Deputy Chairman of the Rajya
Sabha.
Removal of a Member of
the Commission
Section 5 of the Act describes
the procedures and ground for the removal of the any member of the Commission.
Subject to the provisions of sub-section (2),
the Chairperson or any other
Member of the Commission shall only be removed from his office by order of the
President on the ground of proved misbehavior or incapacity, after the Supreme
Court, on reference being made to it by the President, has, on inquiry held in
accordance with the procedure prescribed in that behalf by the Supreme Court,
reported that the Chairperson or such other Member, as the case may be, ought
on any such ground to be removed. The President may remove the Chairperson or
any other Member if he-
(a) Is adjudged an insolvent; or
(b) engages during his term of
office in any paid employment out side the duties of his office: or
(c) is unfit to continue in
office by reason of infirmity of mind or body; or
(d) Is of unsound mind and
stands so declared by a competent court; or
(e) is convicted and sentenced
to imprisonment for an offence which in the opinion of the President involves
moral turpitude.
Term of office of
Members
According to Section 6 of the
Protection of Human Rights Act 1993, Chairperson
shall hold office for a term of
five years from the date on which he enter supon his office or until he attains
the age of seventy years, whichever is earlier. A Member shall hold office for
a term of five years from the date on which he enters upon his office and shall
be eligible for re-appointment for another term of five years, provided that no
Member shall hold office after he has attained the age of seventy years.
Terms and conditions of
service of Member
The salaries and allowances
payable to, and other terms and conditions of service of, the Members are
prescribed.
Procedure to be regulated by the
Commission
The Commission meets at such
time and place as the Chairperson may think fit.
The Commission also has power to
regulate its own procedure. All the orders and decisions of the Commission are
examined by the Secretary-General or any other officer of the Commission who is
duly authorized by the Chairperson.
Officers and other
staff of the Commission
According to Section 11 (1) of
the Act the Central Government shall make available to the Commission:
(a) an officer of the rank of
the Secretary to the Government of India who shall be the Secretary-General of
the Commission; and
(b) such police and
investigative staff under an officer not below the rank of a Director General
of Police and such other officers and staff as may be necessary for the
efficient performance of the functions of the Commission.
(2) Subject to such rules as may
be made by the Central Government in this behalf, the Commission may appoint
such other administrative, technical and scientific staff as it may consider
necessary.
(3) The salaries, allowances and
conditions of service of the officers and other staff appointed under
sub-section (2) shall be such as may be prescribed.
Functions of the
Commission
The Commission performs
following functions (Section 12 of the Act),
(a) inquires, suo-motu or on a
petition presented to it by a victim or any person on his behalf, on the
violation of human rights or abetment thereof and negligence by a public
servant in the prevention of such violation,
(b) intervenes in any proceeding
involving any allegation of violation of human rights pending before a court
with the approval of such court;
(c) visits, under intimation to
the State Government, any jail or any other institution under the control of
the State overnment, where persons are detained or lodged for purposes of
treatment, reformation or protection to study the living conditions of the
inmates and make recommendations thereon;
(d) reviews the safeguards
provided by or under the Constitution or any law for the time being in force
for the protection of human rights and recommend measures for their effective
implementation;
(e) reviews the factors,
including acts of terrorism that inhibit the enjoyment of human rights and
recommend appropriate remedial measures;
(f) studies treaties and other
international instruments on human rights and make recommendations for their
effective implementation;
(g) undertakes and promotes
research in the field of human rights;
(h) spreads human rights
literacy among various sections of society and promotes awareness of the
safeguards available for the protection of these rights through publications,
media, seminars and other available means;
(i) encourages the efforts of
non-governmental organizations and institutions working in the field of human
rights;
(j) such other functions as it
may consider necessary for the protection of human rights.
Powers relating to inquiries
Section 13 of the Act defines
the powers of the Commission relating to inquiries. The Commission, while
inquiring into complaints under this Act, have all the powers of a civil court
trying a suit under the Code of Civil Procedure, 1908, and in particular in
respect of the following matters, namely :
(a) summoning and enforcing the
attendance of witnesses and examine them on oath;
(b) discovery and production of
any document;
(c) receiving evidence on
affidavits;
(d) requisition of any public
record or copy thereof from any court or office;
(e) issuing commissions for the
examination of witnesses or documents.
The Commission also has the
power to require any person, subject to any privilege which may be claimed by
that person under any law for the time being in force, to furnish information
on such points or matters as, in the opinion of the Commission, may be useful
for, or relevant to, the subject matter of the inquiry and any person so
required shall be deemed to be legally bound to furnish such information within
the meaning of section 176 and section 177 of the Indian Penal Code. An
officer, not below the rank of a Gazetted Officer, specially authorized in this
behalf by the Commission may enter any building or place where the Commission
has reason to believe that any document relating to the subject matter of the
inquiry may be found, and may seize any such document or take extracts or
copies there from subject to the provisions of section 100 of the Code of Criminal
Procedure, 1973, in so far as it may be applicable. Proceeding before the
Commission is deemed to be a judicial proceeding and the Commission is deemed
to be a civil court for all the purposes of section 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973.
According to the Section 14 the
Commission may, for the purpose of conducting any investigation pertaining to
the inquiry, utilize the services of any officer or investigation agency of the
Central Government or any State Government.
The Commission may summon and
enforce the attendance of any person and examine him. The Commission may demand
the production of any document and may cease any public record or copy thereof
from any office.
Steps after inquiry
The Commission may take any of
the following steps upon the completion of an inquiry held under Section 18 of
this Act namely:
(1) where the inquiry discloses,
the commission of violation of human rights or negligence in the prevention of
violation of human rights by a public servant, it may recommend to the
concerned Government or authority the initiation of proceedings for prosecution
or such other action as the Commission may deem fit against the concerned
person or persons;
(2) approach the Supreme Court
or the High Court concerned for such directions, orders or writs as that Court
may deem necessary;
(3) Recommend to the concerned
Government or authority for the grant of such immediate interim relief to the
victim or the members of his family as the Commission may consider necessary;
(4) Subject to the provisions of
clause
(5), provide a copy of the inquiry report to
the petitioner or his representative;
(5) the Commission shall send a copy of its
inquiry report together with its recommendations to the concerned Government or
authority and the concerned Government or authority shall, within a period of
one month, or such further time as the Commission may allow, forward its
comments on the report, including the action taken or proposed to be taken
thereon, to the Commission;
(6) The Commission shall publish
its inquiry report together with the comments of the concerned Government or
authority, if any, and the action taken or proposed to be taken by the
concerned Government or authority on the recommendations of the Commission.
Procedure with respect to armed forces
While dealing with complaints of
violation of human rights by members of the armed forces, the Commission,
either on its own motion or on receipt of a petition, may seek a report from
the Central Government or make recommendations. The Central Government shall
inform the Commission of the action taken on the recommendations within three
months or such further time as the Commission may allow.
Annual and special reports of the Commission
The Commission submits an annual
report to the Central Government and to the State Government concerned and may
at any time submit special reports on any matter which, in its opinion, is of
such urgency or importance that it should not be deferred till submission of
the annual report. These reports are laid before each House of Parliament or
the State Legislature respectively, as the case may be, along with a memorandum
of action taken or proposed to be taken on the recommendations of the
Commission.
Grants by the Central Government
The Central Government after due
appropriation made by the Parliament releases grants to the Commission. The
Commission may spend such sums as it thinks fit for performing the functions
under this Act.
Accounts and Audit
According to Section 43 of the
Act the Commission shall maintain proper accounts and other relevant records
and prepare an annual statement of accounts. The Accounts of the Commission
shall be audited and certified by the Comptroller and Auditor-General together
with the audit report and these documents will be laid before each House of
Parliament. Matters not subject to jurisdiction of the Commission
(1) The Commission shall not
inquire into any matter which is pending before a State Commission or any other
Commission duly constituted under any law for the time being in force.
(2) The Commission or the State
Commission shall not inquire into any matter after the expiry of one year from
the date on which the act constituting violation of human rights is alleged to
have been committed.
Power of Central
Government to make rules
According to the Section 40 of
the Act, Central Government may make rules to carry out the provisions of this
Act regarding;
(a) the salaries and allowances
and other terms and conditions of service of the Members;
(b) the conditions of
administrative, technical and scientific staff appointed by the Commission and
the salaries and allowances of officers and other staff;
(c) the form in which the annual
statement of accounts is to be prepared. But Section 40(3) of the Act has also
put a check on undue intervention by the Government. According to this clause
any rule made by the government shall be laid before each House of the
Parliament. If both Houses agree in making any modification in the rule or both
Houses agree that the rule should not be made, the rule shall thereafter have
effect only in such modified form or be of no effect.
Evaluation
At the time of its announcement,
NHRC was seen with lot of skepticisms. To some it was going to be a ‘toothless
tiger’, while others found it to be a mere ‘post-office’ to provide a
certificate of good behavior to the government for its wrong doings rather than
to ensure better protection of Human Rights8. But thanks to the Committee who
prepared the draft of the Commission and made every attempt to keep it (NHRC)
independent of political interference. Although NHRC is still searching its
ground yet it owns an extensive account of achievements during a short span of
thirteen years.
Strength of NHRC
1. The selection procedure of
the members of NHRC is the main factor of its strength. The composition of the
selection committee is such that it involves members of ruling as well as
opposition party and both the Houses of Parliament. Also the composition of
NHRC is such that it involves Legislative, Executives, Judiciary, academicians
and NGOs. This gives the Commission a broad vision to deal with the issues of
Human Rights.
2. Financial autonomy, though
limited, has provided NHRC independence of Central Government. The Commission
is free to make its own budget and spend it according to its own planning. The
draft of the proposed budget is placed before both the Houses of Parliament and
after the approval of the budget, Government, without making any amendment, has
to provide finances to the Commission.
3. The Commission has the power
to conduct suo-moto inquiry into the complaints of Human Rights violations.
4. Easy accessibility to the Commission has
made it one of the most popular organizations. Anyone can approach NHRC through
telephone, letter, application, mobile phone or even through internet. All the
documents, reports, news letters, speeches, etc. of the Commission are also
available on this website. The status of the complaint too can be known through
its website. The popularity and trust on NHRC is quite evident from the fact
that while it had registered only 496 complaints in 1993-94, in 2004-05 the total number of cases were 74,4019
5. NHRC has advised government a
number of times on the issues of Human Rights. Be the cases of custodial deaths
or suicide by the farmers or health issues or POTA, child marriage, trafficking
of women and children etc. government has been taking suggestions from NHRC.
6. NHRC, in a true democratic
fashion, has worked immensely to create awareness among public on Human Rights
issues through seminars, workshops, lectures, literature, NGOs’ participation,
universities’ collaborations, etc.
7. The Commission has extended
its sphere time to time. Gujarat incident, support for right to information,
health care issues, disables’ rights, HIV/AIDS patients’ rights etc. are some
of the issues where NHRC has worked successfully.
Shortcomings of NHRC
Despite much strength NHRC is
suffering from certain weaknesses also.
1. In the process of selection
of the members of the Commission Chairman is not consulted. This ignorance may
lead to the appointment of under qualified or undeserving persons10
2. Because of certain weakness
in the Act at times the Commission feels the need for the amendments. But the
Commission has constrains in doing so11. Any ignorance or delay in making
amendments may cause ineffectiveness of NHRC.
3. Another major weakness of the
Commission is that it does not have powers to investigate armed forces, BSF or
any other para-military forces.
4. Finally, NHRC is only an
investigative and recommendatory body. It does not have power of prosecution.
Though NHRC is just a beginning
of a long journey that Human Rights have to travel in India yet it has given a
strong foundation to this journey. The chief contributions of this
Organization, besides other things, have been to create awareness regarding
Human Rights in common masses and to develop trust in the system of justice and
security. It would not be hyperbolic to say that NHRC is developing much needed
Human Rights culture in India without which no system of Human Rights
protection and promotion can work effectively.
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