PROJECT REPORT ON
HUMAN RIGHTS IN INDIA
Submitted To
NATIONAL INSITUITE OF HUMAN RIGHTS, DELHI
SUBMITTED TO:
SUBMITTED BY:
Mr.RISHI SHARMA
MAYA SHARMA
(Lecturer)
Class: human Rights (2) Roll No.- 134/HR/2011
NATIONAL INSITUITE OF HUMAN RIGHTS, DELHI
GUIDE CERTIFICATE
This is to certify that Mrs. Maya Sharma class Roll No. 134/HR/2011, University Roll No. …………….. A student of human Rights in Department of Human Rights , National Institute of Human Rights, Delhi has successfully completed her Project Report on “HUMAN RIGHTS IN INDIA” under my supervision towards the partial fulfillment of her degree Diploma in Human Rights.
ACKNOWLEDGEMENT The present report is based on the study “HUMAN RIGHTS IN INDIA fulfillment of the requirement of Diploma in Human Rights
in partial
It is matter of great
pride for me that I got to complete my training in reputed company like National Institute of Human Rights, Delhi . . It is my sincere duty to express my deep sense of gratitude that supported and helped me in preparation of this project report. I wish to express my sincere gratitude to Mr. Rishi Sharma, who has been enough to allow me to undertake my project training in this prestigious Organization. Last but not the least, thankful to my friends and respondents for the effort they have put in for giving report its present shape. I am pleasant to feel great experience working in this organization
Mrs. Maya Sharma
PREFACE The present report is assigned with the topic “HUMAN RIGHTS IN INDIA . For the purpose of knowledge, which a student of marketing required and help to face the student more expertly, boldly and tactfully, when ever he face. It is right passage to enter the world of marketing. The topic is very interesting to introduce a fresher like me practically with the ever changing & west of marketing .Product planning which are the marketing device to stimulate demand for product can not overcome in product style, quality packing design or function. Sales promotion is a way to increase the demand of a new product. It is also way of differentiating similar product. Milk is the product consumer both by mass & class in heavy quantity as it is nasality
product but the selling of it is not so very easy as in the present age
competition in every field is very typical. In the report in which has been investigated prominent of agent retailers & consumer of the city from different areas. I have to cover all reason by hard work o mine and help of several well wisher with the help of National institute of Human Rights, Delhi
To make working smooth and increase the sale of product and hope
that thee practical work and this report will help the management to make the position better in the market and spot up the sales of the organization product very soon.
Human rights in India Human rights in India is an issue complicated by the country's large size, its tremendous diversity, its status as a developing country and a sovereign, secular, democratic republic. The Constitution of India provides for Fundamental rights, which include freedom of religion. Clauses also provide for Freedom of Speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. According to the United States Library of Congress, although human rights problems do exist in India, the country is generally not regarded as a human rights concern, unlike other countries in South Asia such as neighbouring Pakistan.[1] Based on these considerations, the 2010 report of Freedom in the World by Freedom House gave India a political rights rating of 2, and a civil liberties rating of 3, earning it the highest possible rating of free[2] In its report on human rights in India during 2010, Human Rights Watch[unreliable
source?]
stated
India
had
"significant
human
rights
problems".[3] They identified lack of accountability for security forces and
impunity
for
abusive
policing
including
"police
brutality,
extrajudicial killings, and torture" as major problems. In 2011, Margaret Sekaggya, the U.N. Special Rapporteur on the situation of human rights defenders, expressed concern that she found human rights workers and their families who "have been killed, tortured, illtreated, disappeared, threatened, arbitrarily arrested and detained, falsely charged and under surveillance because of their legitimate work in upholding human rights and fundamental freedoms Introduction:
Human rights do not mean merely the right to live with humanity but mean the right to live with dig- nity. A dignified life is one that is free from social handi-caps, prejudices and biases on the basis of casts, creedor sex. On December 10, 1948 the Universal Declaration of Human Rights was given as a precious gift to the people of the Globe, affirming that all people are born equal in dignity, yet till to date, most people of the world to whom this compelling declaration belongs and for whose empowerment. According to dictionary 'human rights' mean dealing with mankind according to truth and justice. H.J. Laski in 'A Grammar of Politics' ob- served that 'rights are those conditions of social life without which no man can seek, in general to be himself at his best'. Jacques Maritan in 'The Rights of Man'while dealing with this term has expounded that;
History Of Human Rights For centuries past, women all over the world have not only, been denied full justice, social, economic and political but as ?weaker section? they have been used, abused, exploited and, then discarded to lead immoral, street vagrant and destitute life till their death. Although they constitute about half the total population and have contributed
and
sacrificed
not
less
than
men
in
the
national
freedom struggles at any point of time but they have been deprived of their due shares in various areas of activities and have been subjected to inhuman and humiliating wrongs frombirth to death for no sin.
The general though unfortunate impression has ever since, been that women are sub-human societies, an object of contempt and ridicule, a commodity for barter, an expendable asset and a plaything for mere sexual enjoyment. The ancient Judo-Christian Society regarded women as ?a scorpion ever ready to sting?, and pagan Arab saw in her the devil's whip. The Indian regarded women social evil to be burnt at pyre of her husband. Nowadays, however, women have broken their illsocial shackles and are ready to face the contemporary challenges without any help and hesitation and, consequently, March 8, is formally observed and celebrated in several countries, including India, as a mark of integrated achievements towards the equality of rights, status and dignity of women and their equal participation in economic, social and cultural development in contemporary world scenario.
Women constitute about one-half of the global population, but they are placed at various disadvantageous positions due to gender difference and bias. They have been the victims of violence and exploitation by the male dominated society all over the world. Ours is a traditionbound society where women have been socially, economically, physically,
psychologically
and
sexually
exploited
from
time
immemorial, sometimes in the name of religion, sometimes on the pretext of writings, in the scriptures and sometimes by the social sanctions. The concept of equality between male and female was almost unknown to us before the enactment of the Constitution of India. Of course, the Preamble of the Constitution, which is the supreme law of the landm seeks to secure to its citizens including women folk, justice ? social, economic and political, liberty of thought, expression,
belief,
faith
and
worship,
equality
of
status
and
opportunity, and promote fraternity assuring the dignity of the individual. History is a mute witness to the most inhuman suffering that man has inflicted on man. A man's right to his liberty is the most sacred right for him and therefore, it should not be restrained without the sanction of law. A fruitful and meaningful life presupposes full of dignity, honour, health and welfare, in the modern philosophy. The treatment of human being which offends human dignity, imposes avoidable torture and reduces the man to the level of beast would certainly be arbitrary and is impossible as a code of human conduct in all religion.
Justice P.N. Bhagvati, Supreme Court of India in the ?Seminar of Human Rights? organised by I.L.A. Allahabad submitted in his inaugural address that protection of rights of man was deeply inserted in the Babylonian Laws, Assyrian Laws, hittiti Laws and Dharm of Vedic Time in India. Description of protection right was widely and wisely discussed by Plato, Greek and Roman Philosophers. Their discussion were based on religious foundation. Right to Vote, Right to Trade, Right of access to justice to their citizen etc., were given by City of State of Greece. King John of England granted Magna Carta to the English baron on June 15, 1215 that their privileges will not be encroached and hammered.
The
Importance
of
Magna
Carta's
resulted
into
confirmation by Parliament in the year 1216-17 during the period of John's Son, Henry III, the confirmation was done in the year 1297 and was modified by Edward I. Parliamentary supperiority was formed in 1689 by the petition of Rights and Bill of Rights over the Crown and rule of law in England were controlled by documentary authority. Declarations and constitutional branches of many States are supported by
the
expression
?fundamental
right?.
The
declaration
of
Independence of Thirteen United States of America in 1776. The Virginia Bill of Rights, 1776, the Constitutions of the United States of 1787 with amendments in 1789, 1865, 1865, 1869 and 1919 of Man of 1789 enlighten other country and accelerated to add provisions in their laws for the Protection of Human Rights.
It was the golden rays of sun enlightening the world of Nineteenth Century to human being to know about Human Right they possess. Worth of human personality began to be realized. The resultant of Human Rights Movement was experienced by human being after the World War II. During the war whole humanitism was shocked due to heneious crimes committed against the humanity and human rights was perished. The History witnessed silently tyranny and complete lawlessness of Nazi leaders of Germany. Human values and dignities and morality were barbarously negated. Rights to the people became the need of hour to be established for internatioal peace and security. President Franklin d. Ruosevelt on January 6, 1941 reflected in the Proclamation of Four Freedom and mentioned as : (1)
Freedom of Speech,
(2)
Freedom of religion,
(3)
Freedom from want,
(4)
Freedom from Fear.
Declaration of President carries weight he said - ?Freedom means the Supremacy of human rights everywhere our support goes to those who struggle to gain those rights or keep them.? The growth and evolution of Human Rights and Internatioal Law had achieved a remarkable progress since the year 1945. Several charters, treaties, etc., came into existence for effective enforcement of Human Rights like.
METHODOLOGY
OBJECTIVES OF THE STUDY
The research will investigate the following objectives: 1. Sensitization Programme on Prevention of Sex Tourism and Trafficking Maternal Anaemia and Human Rights 2. Rehabilitation of Destitute Women in Vrindavan 3. Combating Sexual Harassment of Women at the Work Place 4. Harassment of Women Passengers in Trains 5. Abolition of Manual Scavenging 6. Dalits issues including atrocities perpetrated on them
SOURCES OF DATA PRIMARY DATA COLLECTION: Primary data collection method is the best source of information method as it is the research you generate by asking questions, conducting trials and collating results. Primary data allows the researcher more control over direction, type and depth of the information collected. Using primary data allows the researcher to collect precise data that is necessary to meet the individual‟s research objective. Primary data is also unbiased and comes directly from the population. There are also many disadvantages for using primary data collection , the most obvious one is that it tends to be more time consuming and more expensive. As there is a large population the finding cannot be generalized as the research done is so small.
In order to collect information on Human Rights & Violence against Women primary and secondary data analysis will be used. The primary data will be collected by interviewing participants,
and secondary data of academics existing work will be collected. The primary data will be compared to the secondary data in order to establish clear findings for the dissertation.
SECONDARY DATA COLLECTION:
Secondary analysis involves the use of existing data, collected for the purposes of a prior study, in order to pursue a research interest which is distinct from that of the original work; this may be a new research question or an alternative perspective on the original question. The following sources that were used to collect data were: books, journals, reliable internet sources and journal databases, as the information that was needed to compile this thesis required information based on different cultures, insights to Human Rights”.
Human Rights Issues Continuous attempts are being made by the Commission to address various
Human
Rights
Issues.Some
of
these
issues
are
being
monitored as Programmes on the directions of the Supreme Court. The Programmes in pursuance of Supreme Court Remit are :Abolition of Bonded Labour Functioning of the Mental Hospitals at Ranchi, Agra and Gwalior Functioning of the Government Protective Home (Women), Agra Right to Food
Other Programmes and Human Rights issues taken up by the Commission include :-
Review
of
the
Child
Marriage
Restraint
Act,
1929
Protocols to the Convention on the Rights of the Child Preventing Employment of Children by Government Servants: Amendment of Service Rules
Abolition of Child Labour Guidebook for the Media on Sexual Violence against Children Trafficking in Women and Children : Manual for the Judiciary for Gender Sensitisation Sensitization Programme on Prevention of Sex Tourism and Trafficking Maternal Anaemia and Human Rights Rehabilitation of Destitute Women in Vrindavan Combating Sexual Harassment of Women at the Work Place Harassment of Women Passengers in Trains Abolition of Manual Scavenging Dalits issues including atrocities perpetrated on them Problems faced by Denotified and Nomadic Tribes Rights of the Disabled Right to Health HIV/AIDS Relief Work for the Victims of 1999 Orissa Cyclone Monitoring of relief measures undertaken after Gujarat Earthquake 2001
District Complaints Authority Population Policy- Development and Human Rights ------------------------------------------------------------------------------Abolition of Bonded Labour The
Commission
has
been
involved
in
the
monitoring
of
the
implementation of the Bonded Labour System (Abolition) Act as per the directions of the Supreme Court in WP (Civil) No. 3922 of 1985 (PUCL v State of Tamil Nadu & Others). The Commission is presently monitoring the BLS (Abolition) Act by calling for information from the States on a quarterly basis on identification, release and rehabilitation of bonded labour. In September 2000, the NHRC constituted a Group of Experts to closely examine the matter and to prepare a report on the status, suggest methods of improving the existing schemes and make recommendations to effectively implement the laws for abolition of bonded labour system and other connected matters. The Report of the Expert Group was submitted to the Supreme Court. The Report contained a status of the work relating to the abolition of the bonded labour system in the various States. It detailed the position
of
the
various
existing
schemes
and
made
several
recommendations to amend the Act so as to make it more effective. The NHRC through its Special Rapporteurs has been interacting with the State Governments and with the Ministry of Labour to evolve suitable measures to eradicate the problem of bonded labour. The Commission is involved in sensitizing the District Magistrates, Deputy Commissioners, Deputy Development Commissioner and other
Senior Officers of the State Government by holding Sensitization Workshops. These workshops are presided over by the Chairperson and Members of the Commission. During 2003-04 sensitization workshops for the District Magistrates were held in Punjab, Uttar Pradesh,
Bihar
and Karnataka. During 2004-05, four additional workshops are proposed to be held. Functioning of the Mental Hospitals at Ranchi, Agra and Gwalior The Management of the mental hospitals at Ranchi, Agra and Gwalior came under the scrutiny of the Supreme Court through Writ Petitions (C) No.339/96, No.901/93, No.80/94 and No.448/94 in the matter of Rakesh Chandra Narain etc. v. State of Bihar etc.. The Supreme Court in its Order dated 11 November, 1997 requested the National Human Rights Commission to be involved in the supervision of the functioning of these three hospitals. In pursuance of the Order of the Supreme Court,
the
Commission
remains
deeply
involved in overseeing the functioning of the Ranchi Institute of Neuro Psychiatry and Allied Sciences (RINPAS), Institute of Mental Health and Hospital (IMHH), Agra and the Gwalior Mansik Arogyashala (GMA), Gwalior. The Commission continues to monitor the implementation of the tasks assigned to these Institutions by the Supreme Court while granting them autonomous status in September 1994. A Member and Special Rapporteur of the Commission visit these Institutions periodically and submit detailed reports on the working of various services and facilities, treatment and care of patients, training
and research activities and community health services as specified by the Supreme Court. As a result of the monitoring by the Commission, improvements have since been noticed in the working of these Institutions. Admissions and discharge have been streamlined in accordance with the provisions of the Mental Health Act, 1987. A clear shift from custodial to treatment and care concerns is noticeable in the functioning of these institutions. Cell admissions have been totally stopped. Switch over from close to open system of custody of patients is being steadily improved. Incidence
of
death
of
patients
has
come
down
as a result of close scrutiny of every case by the Commission. Library facilities,
training
activities
and
research
works
have
shown
appreciable improvement at RINPAS, Ranchi and the IMH&H, Agra. The aspect of Community Mental Healthcare is receiving greater attention than before. A Core Group headed by a Member of the Commission has been set up for rehabilitation of mentally ill cured patients languishing in the three mental hospitals. Functioning of the Government Protective Home (Women), Agra As per the directions of the Supreme Court of India in the Writ Petition No.1900/81 - Dr. Upendra Bakshi & Others v State of Uttar Pradesh vide Order dated 11-11-1997, the Commission has been supervising the functioning of the Government Protective Home (Women), Agra. The District Judge of Agra has been entrusted with the responsibility of
conducting monthly inspections and submitting a visit report to the Commission. The Reports are scrutinized by the Commission and appropriate
directions
given
to
the
State
Government
for
overall improvement of the functioning of the Home. A Member of the Commission as well as a Special Rapporteur of the Commission frequently visit the Home to make a broad assessment of the functioning of the Institution. The Home was last visited on 5th May, 2003 and certain discrepancies were noticed during the visit. The Commission has taken up the matter with the State Government. The Commission called the Director (Women's Welfare), Govt. of Uttar Pradesh for a discussion alongwith the Superintendent of the Home and the District Probation Officer, Agra to review the functioning of the Home on 20-01-2004. The Director (Women's Welfare) was directed to take pro-active steps in Agra and elsewhere in the State for effective cooperation between the concerned wings of the administration for effective implementation of the Immoral Trafficking Prevention Act. The Director (Women's Welfare) was asked to draw up an action plan within a given time frame for implementation of the Act in law and spirit. Right to Food On 3rd December, 1996, the Commission took cognizance of a letter from Shri Chaturanan Mishra, the then Union Minister for Agriculture regarding starvation deaths due to the drought in Bolangir district of Orissa. On 23rd December, 1996, the Indian Council of Legal Aid and Advice and others filed a Writ Petition (Civil) No.42/97 before the Supreme Court of India under Article 32 of the Constitution, alleging
that deaths by starvation continued to occur in certain districts of Orissa. When the Writ Petition came up before the Supreme Court of India on 26th July, 1997, the Court directed as under:"In view of the fact that the NHRC is seized of the matter and is expected to give its report after an enquiry made at the spot, it would be appropriate to await the report.Learned Counsel for the petitioner submitted that some interim directions are required to be given in the meantime. If that be so, the petitioner is permitted to approach the National Human Rights Commission with its suggestion." Pursuant to the Orders of the Supreme Court, the Indian Council of Legal Aid and Advice filed a petition before the Commission on 1st September, 1997 making a number of suggestions in regard to interim relief to the affected population. After due consideration of the matter, the Commission, on 17-021998, arrived at the view that some interim measures should be undertaken for an overall period of two years. The Commission also requested the Orissa State Government to constitute a Committee to examine all aspects of the Land Reform question in the KBK Districts. Further the Commission with the assistance of one of its Special Rapporteur
has
been
regularly
monitoring
the
progress
of
implementation of its directions. The Commission observed that as starvation deaths reported from some pockets of the country are invariably the consequence of mis-governance resulting from acts of omission and commission
on the part of the public servant, they are of direct concern to the Commission under the provisions of the Protection of Human Rights Act, 1993. The Commission holds the view that to be free from hunger is a Fundamental Right of the people of the country. Starvation, hence, constitutes a gross denial and violation of this right. Following
this,
programme
the of
Commission
felt
action
the for
need
to
formulate
making
a
Right
to Food a reality in the country. With this in view, a meeting was organized, with leading experts on the subject, in January, 2004 to discuss issues relating to „Right to Food‟. The Commission has approved the constitution of a Core Group on Right to Food, that can advise on issues referred to it and also suggest appropriate programmes, which can be undertaken by the Commission. Review of the Child Marriage Restraint Act, 1929 In order to curb the practice of child marriage in the country, the Commission recommended to the Central Government (Department of Women & Child Development) a number of amendments to the Child Marriage Restraint Act, 1929 in July 2002. In pursuance of these recommendations, the Central Government (Legislative Department, Ministry of Law & Justice) introduced a Bill entitled the Prevention of Child
Marriage
Bill,
2004
in
the
Rajya
Sabha
on
20.12.2004
incorporating almost all the recommendations of the Commission. The Bill is at present under consideration of the Department-related
Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice. The salient features of the Bill are as follows: (i)
To make a provision to declare child marriage as voidable at
the option of the contracting party to the marriage, who was a child. (ii)
To provide a provision requiring the husband or, if he is a
minor at the marriage time, his guardian to pay maintenance to the minor girl until her remarriage. (iii)
To make a provision for the custody and maintenance of
children born of child marriages. (iv)
To provide that notwithstanding a child marriage has been
annulled by a decree of nullity under the proposed section 3, every child
born
of
such
marriage,
whether
before
or
after
the
commencement of the proposed legislation, shall be legitimate for all purposes. (v)
To empower the district court to add to, modify or revoke any
order relating to maintenance of the female petitioner and her residence (vi)
and
custody
or
maintenance
of
children,
etc.
To make a provision for declaring the child marriage as void
in certain circumstances. (vii)
To empower the courts to issue injunctions prohibiting
solemnization of marriages in contravention of the provisions of the proposed legislation. (viii)
To make the offences under the proposed legislation to be
cognizable for the purposes of investigation and for other purposes. (ix)
To provide for appointment of Child Marriage Prevention
Officers by the State Governments. (x)
To empower the State Governments to make rules for
effective administration of the legislation. Protocols to the Convention on the Rights of the Child The United Nations General Assembly adopted two Optional Protocols to the Convention on the Rights of the Child on 26 March 2000, viz. (1) Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict; and (2) Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The Commission recommended these Protocols to the Government of India for adoption. Ministry of External Affairs has informed that the Permanent Representative of India to the United Nations, New York was authorised to sign the said Optional Protocols, and in whose favour the instrument of Full Powers was obtained from the President of India for signing
the
same.
Accordingly,
the
above-mentioned
Optional
Protocols were signed on 15 November 2004, but they are yet to be ratified.
Preventing Employment of Children by Government Servants: Amendment of Service Rules With a view to preventing employment of children below 14 years of age by Government servants, the Commission recommended that the relevant Service Rules governing the conduct of Central and State Government employees be amended to achieve this objective. The Union Ministry of Personnel and Public Grievances and Pensions (Department of Personnel & Training), has informed the Commission that the Central Government has amended the All India Services (Conduct) Rules, 1968 as well as the Central Civil Services (Conduct) Rules, 1964. Except for the State of Manipur, all the States/UTs have also brought out the required amendments to the Conduct Rules of their employees. The Commission intends to monitor the issue and see whether the Central
and
State
Governments
actually take action against those public servants who continue to employ children as domestic servants. Abolition of Child Labour The NHRC has been deeply concerned about the employment of child labour in the country as it leads to denial of the basic human rights of children
guaranteed
by
the
Constitution
and
the
International
Covenants. The
Commission
on
„child
labour
has
observed
that
–
“No economic or social issue has been of such compelling concern to the Commission as the persistence, fifty years after Independence, of
widespread child labour in our country. It prevails, despite articles 23,24,39(e) & (f), 41, 45 and 47 of the Constitution and despite the passing of various legislations on the subject between 1948 and 1986. It has defied the terms of six Conventions of the International Labour Organization to which India is a party and the Convention on the Rights of the Child, in addition. Despite the announcement of a National Child Labour Policy in 1987, the subsequent constitution of a National Authority for the Elimination of Child Labour (NAECL) and the undertaking of National Child Labour Projects (NCLP) in an increasing number of areas of our country, the goal of ending child labour remains elusive, even in respect of the estimated two million children working in hazardous industries who were to be freed from such tyranny by the year 2000”. The Commission focusing its attention on the following industries where from rampant reports of child labour were received. These interalia include the :· Bangle/glass industry · Silk industry · Lock industry · Stone-Quarries · Brick Kiln · Diamond cutting · Ship-breaking · Construction-work · Carpet-weaving The Commission monitors the child labour situation in the country through its Special Rapporteurs, visits by members, sensitization
programmes and workshops, launching projects, interaction with the industry associations and other concerned agencies, coordination with the State Governments and NGOs to ensure that adequate steps are taken to eradicate child labour. The Commission believes that unless and until the reality of free and compulsory education for all upto the completion of the age of 14 years is realized, the problem of child labour shall continue. The Commission has involved the NGO sector in the non-formal education of child labourers and a number of such schools/training centres are functioning in the districts of the carpet belt. There has also been a distinct improvement in the level of awareness among the general public about child labour issues. Guidebook for the Media on Sexual Violence against Children In order to encourage media professionals to address the issue of sexual violence against children in consistent, sensitive and effective manner, consonant with the rights and best interest of children, the Commission and Prasar Bharati with support from UNICEF have jointly developed a Guidebook for the Media on Sexual Violence against Children. The Guidebook is the culmination of four workshops organised in Goa (1999), Ranchi (1999), Jaipur (2000) and Puri (2000) in which professionals, legal functionaries, police personnel, communication specialists and media professionals participated. The Guidebook aims to facilitate media intervention to protect the rights of children against sexual violence.
Trafficking in Women and Children: Manual for the Judiciary for Gender Sensitisation The
Commission
and
the
Department
of
Women
and
Child
Development, Government of India in partnership with UNICEF have prepared a Handbook for sensitizing the subordinate judiciary on the issue of Trafficking of Women and Children for Commercial Sexual Exploitation. The purpose of the Handbook is to sensitize the Judicial Officers to the actual situation of the trafficked victims and to provide them with a perspective so that they could proactively safeguard the rights
of
victimised
women
and
children,
through
a
sensitive
interpretation of the law. The Handbook has been finalised and is being printed by the UNICEF. Sensitization Programme on Prevention of Sex Tourism and Trafficking In order to sensitize senior representatives of the hotel and tourism industry on various issues relating to sex tourism and trafficking, the Commission in collaboration with UNIFEM and the Women‟s Institute for Social Education, Mumbai organised a one-day Sensitisation Programme on Prevention of Sex Tourism and Trafficking. The recommendations that emerged out of this programme were adopted by the Commission and follow-up action is now being taken on them. Maternal Anaemia and Human Rights The Commission has been concerned about the right to health, in particular about the deleterious effects of maternal anaemia both on
the mother and on the child. It thus took up the issue of the widespread prevalence of iron deficiency among expectant mothers, which has resulted not only in high infant and maternal mortality but also in low birth weight related developmental disabilities, especially among economically disadvantaged sections of the society. In order to evolve a plan of action for systemic improvement in the health care delivery system, it organised a two-day Workshop on Health and Human Rights, with special reference to maternal anaemia in the year 2000, in partnership with the Department of Women & Child Development and UNICEF. The recommendations of the workshop were forwarded to the concerned Ministries of the Central Government for appropriate action. Rehabilitation of Destitute Women in Vrindavan The Commission has been engaged in efforts to improve the status and
uphold
the
rights
of
destitute
and
marginalized
women,
particularly widows, living in Vrindavan. Accordingly, it has held meetings with senior officials of the Department of Women & Child Development,
Ministry
of
Human
Resources
Development,
Governments of Uttar Pradesh and West Bengal and representatives of NGOs to ensure that their accommodation, pension, health care, cremation, income generation and other needs are met. Combating Sexual Harassment of Women at the Work Place The Commission has been receiving a large number of complaints alleging sexual harassment of women at the workplace. It also observed that the Supreme Court guidelines in Vishaka v State of
Rajasthan case [No.1997 (6) SCC 241 dated 13.8.1997] were not being implemented adequately in the States/UTs, either in the public sector or in the private sector. Many institutions are yet to set up Complaints Committee (CC) as envisaged in the Supreme Court guidelines.
The
Commission
thus
keeps
monitoring
with
the
States/UTs. Though most of the State Governments have amended their Conduct Rules and set up Complaints Committees, some States and
Union
Territories
are
yet
to
report.
There was also ambiguity with regard to the exact role of the CC as to whether such a committee could be equated with an Inquiry Committee set up in a disciplinary inquiry, or it would have a wider role. Meanwhile, the Supreme Court in its judgement in Medha Kotwal Lele & Ors. v Union of India & Ors. case [W.P.(Crl.) No.173-177/1999 dated 26.4.2004] has directed that the Complaints Committee as envisaged in Vishaka judgement will be deemed to be an inquiry authority for the purposes of Central Civil Services (Conduct) Rules, 1964 and the report of the Complaints Committee shall be deemed to be an inquiry report under those rules. In pursuance of this direction, the Central Government (DOPT) has amended sub-rule (2) of rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 to incorporate the necessary provision. Harassment of Women Passengers in Trains. The Commission has been deeply concerned about harassment of women passengers in trains. In order to find a solution, it held several meetings with the officials of the Ministry of Railways, Railway
Protection Force, Government Railway Police and representatives of NGOs. In pursuance of the decisions taken in those meetings, the Ministry of Railways have made available FIR forms in Hindi, English and a few regional languages in trains. It has also incorporated a module on gender sensitisation in the training programmes for the Probationers of the Traffic and Security Department of the Railways. The Commission also recommended to the Ministry of Railways the following – (i) availability of FIR forms in all other regional languages, (ii) preparation and display of messages in the railway coaches, (iii) preparation and display of graphics and other publicity materials at the railway platforms, (iv) printing of the message on the back of the ticket saying that sexual harassment of women in trains is a crime, and (v) preparation of power point presentation that could be made in software
for
the
television
showing
briefly
the
issue
and
its
implications. Abolition of Manual Scavenging The Commission has been vigorously pursuing the need to end the degrading practice of manual scavenging in the country. It has taken up this matter at the highest echelons of the Central and State Governments through a series of interventions. The
Commission
Governments.
On
held the
a
number
eve
of
of
meetings
Independence
with Day,
the 2002,
State the
Chairperson, NHRC wrote a letter to the Prime Minister of India drawing his attention towards the problem. As a result, the Prime Minister in his Independence Day speech stressed the need to end the practice of Manual Scavenging . As a follow up of the Prime Minister's
announcement, the Planning Commission has prepared a 'National Action Plan' for the Total Eradication of Manual Scavenging by 2007. Emphasis in this Action Plan is on i) Proper identification of those engaged in manual scavenging ii) Enforcement of the prohibition law iii) Involvement of NGOs. iv) Better coordination at Central and State levels According to information available with the Commission the following States have adopted the Central Act:Andhra Pradesh, Assam, Chhattisgarh, Gujarat , Haryana, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Tamil Nadu, Tripura, Uttar Pradesh and Uttaranchal. The State of Punjab has adopted their own similar Act. States who claim themselves to be "Manual Scavenging Free" are : Arunachal Pradesh, Delhi, Goa, Himachal Pradesh, Meghalaya, Mizoram, Nagaland and Sikkim; and States who have not yet adopted the Central Act are : Bihar, Jammu & Kashmir, Jharkhand, Manipur, Rajasthan, West Bengal. The Union Territories of Andaman & Nicobar Islands, Chandigarh, Dadra & Nagar Haveli, Daman & Diu,Lakshadweep and Pondicherry have not furnished the information. Dalits issues including atrocities perpetrated on them Deeply concerned by the discrimination and other human rights violations faced by the Scheduled Castes, the NHRC has taken several initiatives to ameliorate their situation and protect their rights. They
include the redressing of individual complaints; constitution of a Dalit Cell in 2003 headed by a Member of the Commission with the aim to monitor implementation of programmes; research studies on the socio-economic conditions of the Musahars, and the political and cultural status of dalit women in Haryana; and the preparation of a handbook on discrimination in order to sensitize teachers. The Commission requested Shri KB Saxena, IAS (Retd.), to conduct a study on the atrocities against the Scheduled Castes, which has been completed. The Commission proposes to mount an appropriate campaign in this regard. Problems faced by Denotified and Nomadic Tribes The communities designated as Denotified Tribes (DNT) and Nomadic Tribes
(NT)
of
India
were
identified as "Criminal Tribes" (which included both castes as well as tribes) in pre-independence India. Though the Criminal Tribes Act, 1871 was annulled soon after independence, the police, as well as members of the public, frequently and most regrettably continue to treat persons belonging to these communities as "born criminals" and "habitual criminals". They, therefore, remain amongst the most discriminated and disadvantaged groups in the country. Acting on a petition filed by eminent activist and author, Smt. Mahasvetadevi, President, Denotified & Nomadic Tribals Rights Action Group in May, 1998, the Commission convened a meeting of the Chief Secretaries and senior officers of the concerned States on 15 February, 2000 to deal the matter.
The recommendations included that a retired senior police officer of high reputation may be appointed in every state to watch the cases of atrocities against DNTs. The National Police Academy and other institutions imparting training to police officers be advised to reorient their syllabi and Habitual Offenders Act be repealed. The States were asked to report the action taken on the recommendations made. These included proper enumeration providing education, employment and other
infrastructural
facilities
to
them,
and
work
out
action plans for DNTs. The matter has been taken up with the State Governments, and is being pursued by the Commission. Rights of the Disabled The NHRC is deeply concerned about the fact that people with disabilities face various forms of discrimination, social exclusion and marginalization.
The
Commission
has
therefore
taken
several
initiatives to protect the rights of the disabled. Notably, the NHRC has been redressing individual complaints from NGOs and others; the Commission
reviewed
relevant
legislations
and
made
recommendations for improvements thereon; it has successfully championed the need to enumerate the disabled in Census 2001. It has
made
recommendations
to both Union Ministers and Chief Ministers of all States and Union territories requesting them to evolve a State Disability Policy and Plan of Action, to provide social security, employment opportunities, rehabilitation, and barrier-free infrastructure to benefit the disabled. In addition, the Commission has been taking steps to spread awareness
of the rights of the disabled through publications, besides undertaking research studies. The Commission has been advocating the need for a Comprehensive
and
Integral
International
Convention
on
the
Protection and Promotion of the Rights of Persons with Disabilities. Right to Health For the Commission it has been important to link the issue of health to that of human rights. When linked together, more can be done to advance human well-being than when health, and human rights, are considered in isolation. The Commission constituted a Core Advisory Group on Health, comprising of eminent medical experts with a request to prepare a plan of action for systemic improvements in the health delivery systems of the country. The Commission organized three major national consultations on maternal anemia, human rights and
HIV/AIDS,
consultations,
and
access
detailed
to
healthcare.
recommendations
Based
on
have
these been
sent to the concerned authorities. Furthermore, the Commission has also been working on issues like sub-standard drugs and medical devices, illegal trade in human organs, emergency medical care, and fluorosis. In partnership with Jan Swasthya Abhiyan, between July to December 2004, the Commission is organizing five regional and one national public hearing on access to healthcare. HIV/AIDS Deeply concerned about the need to protect the human rights of those affected/infected by HIV/AIDS, the Commission has been redressing individual cases relating to discrimination faced by them. It has
organized
a
national
consultation
on
this
issue
and
made
recommendations to concerned authorities on issues like consent, testing, respect for confidentiality, protectionof vulnerable groups, prevention of mother-to-child transmission, etc. It has also launched a multi-media campaign to disseminate information on human rights and HIV/AIDS to various target groups. A Member of the Commission has been designated to serve as the Focal Point on HIV/AIDS related maters. Relief work for the Victims of 1999 Orissa Cyclone The Commission has been observing the system of providing relief by various Governmental and non-Governmental Organisations to the affected people of Orissa to ensure that relief reaches the deprived ones on a uniform basis. In the beginning, the Special Rapporteurs of NHRC were directed to keep a watch on the system of dispensation of the relief measures to the affected people and send reports to the Commission on daily basis. The Commission considered the reports submitted
by
Rapporteurs
the
Secretary
on
General
08.12.1999
directions/recommendations
for
and
and
the
issued
implementation
by
Special several
the
State
Government. The directions/recommendations were also brought to the notice of concerned authorities of the State Government as well as in the Ministry of Agriculture. Chairperson, NHRC carried out a review of the Cyclone Relief and Reconstruction
work
in
a
meeting
taken
at
Bhubaneswar
on
29.1.2002. The Chief Secretary, Orissa was asked to send quarterly
reports of the progress. Quarterly reports are being monitored by the Commission on a regular basis. Monitoring
of
relief
measures
undertaken
after
Gujarat
Earthquake 2001 The Commission took suo-motu cognizance of the calamity that arose from the devastating earthquake, which hit large areas in the State of Gujarat on 26th January, 2001. The Commissionobtained a report from one of its Special Rapporteurs on the relief and rehabilitation measures being under taken so as to enable the Commission to take steps for issuing appropriate directions/guidelines to the concerned authorities. The Secretary General, NHRC also visited the affected areas and submitted
a
report.
The
reports
submitted
by
the
Secretary General and the Special Rapporteur were considered by the Commission on 29.5.2001 and it gave certain directions and made recommendations for immediate attention and action by the concerned authorities in Gujarat and the Central Government. In order to monitor closely the follow-up action taken by the State Governments to impact its directions, the Commission set up a Group consisting of Shri PGJ Nampoothiri, Special Rapporteur, NHRC; Shri Gagan Sethi, Managing Trustee of Jan Vikas Trust; Smt. Annie Prasad, President of Kutch Mahila Sangathan and Prof. Anil Gupta, IIM, Ahmedabad. The Commission considers the reports sent by the Committee in its meetings held from time to time.
District Complaints Authority The Commission had mooted the idea of setting up of a district level setup to promote Police-Community relations and suggestions were invited from a number of Senior Police Officers. Shri Rajbir Deswal, then Superintendent of Police, Fatehbad informed the Commission that they had established an organization called "Fateh Dwaj", a registered organization to promote police-public relations with a membership of about 80 persons drawn from different walks of life. The Commission discussed the issue and the Kerala pattern of District Human Rights Authority,
and
recommended
two
measures
to
promote
public
confidence and means of redressal of the members of the public against increasing police incivility and high-handedness. The composition of the "District Police Complaints Authority" was as under :1. The Principal Judge of the District concerned - Chairman 2. The Collector of the District - Member 3. The Senior Superintendent of Police - Member In-charge of the district The District Superintendent of Police shall be the ex-officio Member Secretary of the Committee. The functions of the Authority are to examine grievances of the public in the matter of rude and uncivil behaviour towards the public, abuse of authority, misuse of power, wrongful arrests and detentions, custodial violence and to make appropriate recommendations to
Government or the State or National Human Rights Commission. This system is in existence and is working in the State of Kerala. As
the
approval
of
the
High
Courts
of
the
concerned
State
Governments was required for the implementation of the proposal, Chief Justices of all High Courts and Chief Ministers/Administrators of States/UTs were addressed by the Commission to constitute a District Complaints Authority in each District. Arunachal Pradesh, Kerala, Meghalaya, Orissa and UT of Lakshadweep reported to have constituted the District Complaints Authority. The matter is being pursued with the State Judiciaries and State Governments/Union Territory Administrations. Population Policy – Development and Human Rights In
order
to
initiate
a
dialogue
from
the
perspective
of
both
development and human rights with regard to the implementation of effective population policies at the Centre and State levels as well as deliberate
on
the
mechanisms
to
achieve
this
objective,
the
Commission in collaboration with the Department of Family Welfare, Ministry of Health and Family Welfare and the United Nations Population Fund organised a two-day Colloquium on „Population Policy – Development and Human Rights‟. The Recommendations and Declaration that emerged from this Colloquium was adopted by the Commission and the same were sent to all the State Governments/Union Territories for compliance. The
Commission
is
following-up
Governments/Union Territories.
the
matter
with
the
State
Protection of Human Rights Act, 1993 Act 10 of 1994 An Act to provide for the constitution of a National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the Forty-fourth Year of the Republic of India as follows:Sections of the Act Chapter I: Preliminary
1. Short title, extend and commencement
2. Definition
2(d): "human rights" means the rights relating to life, liberty, equality
and
dignity
of
the
individual
guaranteed
by
the
Constitution or embodied in the International Covenants and enforceable by courts in India;
2(f) "International Covenants" means 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;
Chapter II: National Human Rights Commission
3.Constitution of a National Human Rights Commission
4. Appointment of Chairperson and other Members
5. Removal of a Member of the Commission
6. Term of office of Members
7. Member to act as Chairperson or to discharge his functions in certain circumstances
8. Terms and conditions of service of Members
9. Vacancies, etc., not to invalidate the proceedings of the Commission
10. Procedure to be regulated by the Commission
11. Offices and other staff of the Commission
Chapter III: Functions and Powers of the Commission
12. Functions of the Commission
13. Powers relating to inquiries
14. Investigation
15. Statement made by persons to the Commission
16. Persons likely to be prejudicially affected to be heard
Chapter IV: Procedure
17. Inquiry into complaints
18. Steps after inquiry
19. Procedure with respect to armed forces
20. Annual and special reports of the commission
Chapter V: State Human Rights Commission
21. Constitution of State Human Rights Commission
Human Rights Concepts The concept of right was first systematically developed in Rome. For Roman jurists, right, law and justice were inseparable, and the term just was used to refer to them all. Rights were created by law, and law was an articulation of community's conception of justice. Rights were subject to several constraints, and restricted depth and scope. During several centuries of feudalism, the picture was equally complex. Not only the indi- vidual but such traditional communities and groups as the cities guilds and estates were also bearers of rights. National Human Rights Commission established in 1993 has also contributed a lot in protection of human rights in India1. This section builds on materials from the Human Rights Reference Handbook by Dr. Magdalena Sepúlveda, Dr. Theo van Banning, Gudrun D. Gudmundsdottir, Christine Chamoun and Dr. Willem J.M. van Genugten. Human rights are at the core of international law and international relations. They represent basic values common to all cultures, and must be respected by countries worldwide. The aim of this Section is to describe the present situation in the field of human rights in theory and practice as well as promote the fundamental values they represent. The Section is divided into six parts: Part I discusses the concept of human rights from its origins to the broad interpretation given to it today. First, the concept of human rights is introduced as well as general elements of international law, including the application of principles of human rights law. The emphasis is further laid on three major dimensions: standards (the human rights norms as defined in internationally agreed texts);
supervision (the mechanisms to monitor compliance with human rights standards); and the ways in which respect for human rights is put into practice. Part II gives an account of the principal organisations where human rights are discussed. States use these organisations to define new standards, to agree on procedures, and to supervise compliance. First examined is the universal system, meaning, in this context, the United Nations system. Thereafter, regional arrangements are discussed, focusing on the supervisory mechanisms in Europe, the Americas and Africa. Part III addresses substantive human rights as they are laid down in various international treaties. In order to avoid the traditional categorisations of human rights, they are grouped into twelve clusters of human rights. Each right is explained in detail and the latest developments in standard setting and supervision are set out. Part IV deals with issues relating to protection of vulnerable groups. Again, twelve particularly vulnerable groups have been identified and it is stressed that the persons belonging to them require special attention. It is not sufficient merely to ensure that there is no discrimination against them: special measures are essential to protect and promote their rights. Part V discusses relations between human rights and other fields, such
as
development,
economic
co-operation,
environmental
protection, armed conflict and terrorism. Part
VI
examines
the
project/?CacheRefresh=1roles
of
respective various
actors
/the-human-rightssuch
as
states,
nongovernmental organisations, individual human rights defenders and
multinational companies. The aim is to examine their work and ways to enhance respect for human rights. The role of the European Union in the promotion and protection of human rights is discussed. Human Rights Instruments More than a hundred instruments are included in this edition of the Human Rights Instruments. The compilation includes the most important general standards such as the International Bill of Human Rights, the main regional conventions and the eight major ILO conventions. But other instruments are also included and it is warranted, in light of the selection made, to ask why these instruments were chosen. Some explanation is required and may aid in understanding and the use of this reference book. This compilation is mainly aimed at two different groups of readers. The first group consists of academics and students who need a good overview of existing standards on substantive rights and on the functioning of the supervisory mechanisms. The second group includes experts and civil servants who work regularly in the field of human rights
and
need
a
compact
and
easy-to-carry
compilation
for
consultation. With these two groups in mind, a serious attempt has been made to present readers not only with insights, but also with the possibility of comparison, notably with regard to substantive rights. Of the substantive rights, or issues related to substantive rights, at least six references for each of the following keywords were included in the index: arbitrary arrest, assembly, association, children, culture, death penalty, detention, education, discrimination, equality before the law,
fair
trial,
family,
health,
minorities,
life,
participation,
privacy,
property, social security, women, work, thought and torture. A balance was sought between global instruments and regional instruments. In previous editions more space was given to European texts than to other regional instruments. In this edition, the number of Inter-American
and
African
instruments
has
been
substantially
expanded, allowing for a more in-depth comparison. As decreed by international law, instruments that have been adopted or treaties that have been ratified have to be complied with (Pacta sunt servanda). To ensure compliance, a degree of supervision is necessary.
Many
of
the
standards
governing
the
supervisory
mechanisms are included in treaties, these are known under the United Nations system as treaty-based supervisory mechanisms. Examples of treaties establishing supervisory mechanisms include the American Convention on Human Rights (Articles 33-69) and the European Convention for the Protection of Human Rights (Articles 1951). Some treaties only deal with supervision, such as the First Protocol to the UN Convention against Torture, and the European Convention for the Prevention of Torture. Several supervisory mechanisms are the result of decisions or resolutions of representative bodies supervising compliance with human rights. Examples of such decision-making bodies are the Commission on Human Rights of the United Nations or the Committee of Ministers of the Council of Europe. Supervisory mechanisms based on decisions or resolutions, which do not have the character of a treaty, are commonly known as non-treaty-based or charter-based supervisory
mechanisms.
Typical
examples
of
such
supervisory
mechanisms are the UN procedures based on resolution 1235 and resolution 1503. At the regional level, typical examples of non-treatybased mechanisms are the Declaration of the Committee of Ministers of the Council of Europe establishing the Committee against Racism and Intolerance, and the procedure included in the Vienna document on the Human Dimension. Supervisory mechanisms are extremely important and receive much attention in this book. These are commonly divided into four groups: The first, and according to some experts the most important, is the individual complaints mechanism. An example is the procedure before the European Court of Human Rights (Articles 19-51). Another example is the mechanism established by the Optional Protocol to the International Covenant on Civil and Political Rights. The second supervisory mechanism is the reporting mechanism. Leading at the global level are the reporting mechanisms of the International Covenant on Civil and Political Rights and other major UN Human Rights Conventions. A good example at the regional level is the mechanism of the European Framework Convention on Minorities. The third group of supervisory mechanisms is the Inter-State complaints mechanism. This mechanism has been included in several major conventions such as the International Covenant on Civil and Political Rights (Article 41) and the Genocide Convention (Articles 8 and 9). In practice this mechanism is of limited importance. It is very seldom used. Finally, the fourth group consists of a system of inquiries, field visits and other forms of fact-finding or advisory missions. This group is referred to in this book as „inquiries and other procedures‟ and
comprises all mechanisms not included in the other groups. This procedure is important in establishing facts, preventing violations and promoting human rights. At the global level, procedures such as factfinding missions have been included, inter alia, in the First Protocol to the Convention against Torture and in the First Protocol to the Geneva Conventions. At the regional level, a system of inquiries is found in the European Convention for the Prevention of Torture. In human rights the process of development of standards is important. For this reason, several documents on the CSCE/OSCE process, demonstrating the gradual development of standards, have been included. In order to illustrate the process of development of human rights norms in the UN system, the UNGA resolution on human rights standard setting, has been included. Principles for the administration of justice are found in all major treaties, including the Rome Statute of the International Criminal Court. In addition, several instruments on the administration of justice and due process have been included in a separate chapter. Many of these instruments do not have the status of treaties, but do contribute, as important sources of law, to better compliance with due process principles. Several
instruments,
not
normally
classified
as
human
rights
instruments, contain important provisions relevant to human rights; such as, the sources of international law as laid out in the Statute of the International Court of Justice. Moreover, the interpretation of reservations as found in the Vienna Convention on the Law of Treaties is also relevant to the human rights field. In the case of civilians,
vulnerable in times of war, the First Protocol to the Geneva Conventions is important. It should be kept in mind that the establishment of human rights and standard setting is a political process. Many documents relevant to human
rights
contain
political
under-
or
overtones
but
can
nevertheless be important and useful in promoting compliance with human rights standards. Examples of such documents are the CSCE/OSCE declarations of Vienna and Copenhagen, the InterAmerican Democratic Charter and the Charter of Nice. Moreover, Article 98 of the International Criminal Court has also given rise to much acrimonious political discourse in recent years. The political and religious influences are also clear in the Cairo Declaration on Human Rights in Islam Finally, substantial attention is given to the protection of so-called vulnerable groups; including Women, Children and Refugees, as well as groups that more recently have been given special or renewed attention such as Disabled Persons and Minorities. Complaints
procedures
of
the
international
human
rights
supervisory bodies A brief overview of the complaints procedures under the four major human rights supervisory bodies follows. For further explanation of supervisory mechanisms, see the Human Rights Reference Handbook. Here the focus is primarily on how individuals can submit complaints regarding alleged human rights violations. Before bringing a case to the international human rights supervisory bodies, several important issues need be taken into account.
Ratification of the respective international legal instrument and acceptance of the competence of the supervisory body Claims can only be submitted against states that a) are parties to the respective treaty, and b) have recognised the competence of the supervisory body to consider complaints from individuals. For example, in the case of the ICCPR, in order to submit an individual complaint the state concerned must be a party to the ICCPR and the First Optional Protocol to the ICCPR . In the Inter-American system, the jurisdiction of the Inter-American Commission is automatic when states become party to the American Convention (Article 44 ACHR). However, states have to accept the jurisdiction of the Court to examine individual complaints (Article 62 ACHR). Under the European system, since the entry into force of Protocol No. 11 to the ECHR(1 November 1998), individuals have direct access to the Court and the jurisdiction of the Court has become mandatory for parties to the ECHR. Generally, information on this aspect is accessible through the Internet. The CDROM also includes relevant information, but it is advisable to check for the latest developments online. Admissibility ratione materiae The alleged violation must relate to a right actually protected by treaty. Therefore, the first step is to identify an international instrument that protects the right or rights which allegedly have been violated by the state. One cannot, for example, claim a violation of the right to property before the Human Rights Committee, because the ICCPR does not protect that right. Such a claim would be, in legal terms, inadmissible ratione materiae. On the other hand, the right to property is protected by the African Charter and the American
Convention, so a claim could be submitted to the supervisory body if the alleged violation was committed by a state party to one of these treaties. Reservations and relevant date After ascertaining that the accused state is party to the relevant human rights treaty and that it has recognised the competence of its supervisory body to consider individual complaints, two further elements need to be examined:
Reservations: A state may have entered reservations. Through a reservation, it may have excluded or altered the effects of certain provisions of a treaty in their application to that state, or limited the supervisory body‟s competence to examine certain communications. It is therefore important to check whether the state in question has made a reservation on the provision or the mechanism to be invoked. For example, a state may have precluded the HRC‟s consideration of claims that have in the past been
considered
by
another
international
mechanism.
In
exceptional cases, the supervisory mechanisms may decide that a particular reservation is impermissible because it goes against the
object
and
purpose
of
the
treaty
and
consider
the
communication notwithstanding the purported reservation.
Date of ratification: The date on which the state becomes party to the treaty and accepts the supervisory mechanism must also be taken into account. Generally, the complaint must relate to events that occurred subsequent to the entry into force of the complaint mechanism for the respective state. As a rule, supervisory bodies do not examine complaints dating from a
period prior to the entry into force, in which case the complaint would be regarded, in legal terms, as inadmissible ratione temporis. There are, however, exceptions. In cases where the effects of the event in question have extended into the period covered
by the
complaint
mechanism, and
in
themselves
constitute a human rights violation, such as „disappearances‟, the supervisory body may consider the overall circumstances. After examination of the above issues one may find that: a. the state allegedly responsible for a violation is not a party to any human rights treaty which protects the right or rights violated, in which case it would be important to check if some other supervisory procedure could be invoked; cases can for instance be brought to the extra-conventional mechanisms . In this regard, attention should be paid to the Special Rapporteurs and Working Groups of the UN Commission on Human Rights (e.g. the Working Group on Enforced or Involuntary Disappearances and the Working Group on Arbitrary Detention), as well as the existing regional human rights rapporteurs. b. it is possible to submit the claim to more than one supervisory mechanism, in which case further analysis is required (see below). Duplication of procedures Where an alleged violation is covered by more than one human rights instrument to which the responsible state is party, it is necessary to decide which supervisory body would provide the best remedy. It is important to be aware that some supervisory bodies do not examine communications or petitions that have been dealt with under another
international mechanism (see below for the relevant information in each instrument). In order to decide which mechanism is the best choice, several factors need to be taken into account. They include the following: a. The specific character of a particular procedure has to be taken into consideration. Sometimes, individual complaints are possible both at the universal level (e.g. ICCPR) and under a regional system (e.g. European Convention, Inter-American Convention or African Charter on Human and Peoples 'Rights ). In such cases, making a complaint under the regional systems is sometimes preferable as the regional individual complaints procedures are decided by human rights courts (e.g. the European and the Inter-American Courts of Human Rights). The final judgements are legally binding on the state in question and include an explicit decision on compensation or reparation. The nature of the complaint must also be taken into account; many cases regarding discrimination in Europe have been brought to the quasi-judicial Human Rights Committee instead of the European Court as the Committee‟s „case-law‟ and the text of the Covenant implies better protection regarding non-discrimination than the European system. b. It is important to take note that although it is possible to submit a complaint to the Human Rights Committee after a regional procedure has been exhausted (e.g. ECHR), most states parties to the European Convention have made a declaration at the time of the ratification of the Optional Protocol to the ICCPR, which excludes duplication of procedures in the same case. Some states
parties, however, allow persons under their jurisdiction to submit claims to both systems successively, even if not concurrently. Locus standi Locus standi („place of standing‟) means the right to bring an action or to be heard in a given forum. Not everyone can lodge a complaint before the human rights supervisory bodies. International human rights treaties establish who can bring a complaint; so the relevant provisions in each instrument need to be checked. In most cases, it is possible to lodge a complaint if you are the victim or you are acting on his/her behalf (with legal consent of the victim). There are exceptions to this rule. Check below for the rules of the supervisory bodies examined in this book. If you are the victim, you must be able to demonstrate that you are personally and directly affected by the law, policy, practice, act, or omission of the state party which you claim has violated or is violating your rights. It is not sufficient simply to challenge a law or state policy or practice in the abstract (a so-called actio popularis) without demonstrating how you are individually affected. Formal requirements The petition/communication must satisfy some formal requirements of admissibility. The following factors are relevant:
The rule of exhaustion of domestic remedies: A crucial rule governing the admissibility of a complaint is that you must, in general, have exhausted all remedies in the state where the violation occurred before bringing a claim to an international body. This usually includes pursuing your claim through the local court system. There are, however, exceptions to this rule. If the
exhaustion of remedies is unreasonably prolonged, or plainly ineffective or otherwise unavailable to you (owing, for example, to denial of legal aid in a criminal case), you may not be required to exhaust domestic remedies (see below for the rules applied by each supervisory body). If after examination of the above mentioned issues you find that: a. you
have
exhausted
all
domestic
remedies,
in
your
complaint you should describe the efforts you have made to exhaust local remedies, specifying the claims advanced before the national authorities and the dates and outcome of the proceedings. Some mechanisms require that you submit the complaint within a specified period of time after all domestic remedies have been exhausted (see below). b. the exception to the rule on the exhaustion of domestic remedies applies to your case, you should give detailed reasons why the general rule should not apply in your communication.
The substance of the compliant: The supervisory bodies would consider your communication inadmissible if you are unable to sufficiently demonstrate that the facts of your complaint tend to establish a violation of the rights guaranteed in the pertinent human rights instrument. Therefore, you should try to sufficiently substantiate your complaint. If the relevant supervisory body considers that, in light of the information before it, you have not sufficiently developed the arguments for a violation of the treaty in question, it may reject the claim as „insufficiently substantiated‟ or „manifestly ill-founded‟.
No
abusive
complaint:
Supervisory
bodies
may
reject
complaints that are considered to make inappropriate use of the complaint procedure, including, for example, repeated claims on an issue that has previously been dismissed. You should try to be effective and efficient in your efforts to seek redress. Therefore, you
should
try
to
avoid
abuse
of
your
right
to
submit
communications.
Time limits: Some instruments contain time limits within which a complaint has to be filed. At this point you should make sure that in the communication you have: a. sufficiently demonstrated that a violation has occurred; b. identified yourself (no anonymous petitions are allowed); and c. not used insulting language.
Interim measures If the violation you are facing is of extreme gravity and urgency and immediate action is required in order to avoid irreparable damage to persons, you can request the supervisory body to adopt „interim‟ or „provisional‟ measures, that is, to take urgent action to avoid irreparable damage. Under certain circumstances the supervisory bodies may adopt such measures on their own initiative. When requesting that interim measures be adopted, it is advisable that the urgency of the situation and the measures to be taken to avoid the damage, are clearly described. In addition, you can also approach relevant special rapporteurs and NGOs for help.
Amicus curiae brief One way to get involved in litigation at the international level is by submitting an amicus curiae brief. Literally, the term means „friend of the court‟. An amicus curiae brief is filed with the court by someone who is not a party to the case. It can provide legal arguments or valuable information on how the case affects people other than the parties to the case, or it may bring attention to relevant matters not already brought to the Court‟s attention by the parties. Each system has its own regulation on permissible third party intervention in proceedings. Information on each system is provided below.
The Role of the Judiciary in the Protection of Human Rights The greatest value of human life is best represented in the recognition of fundamental rights, and in fully enabling people to enjoy and exercise these rights to the extent that preserves their humanity and respects their civility. Life would be meaningless if individuals were not able to practice their natural rights or to adopt the political opinions they believed in. Moreover, life would be unendurable if individuals were unable to enjoy security in their communities. The rights of individuals would be without value if no legal system were able to play an active role in their protection. The executive branches of Middle Eastern countries enjoy extensive governing privileges, and may possibly misuse these privileges or abuse their powers. Therefore, each system of government should be based on a separation of powers, the independence of those powers, and specifically, the prevailing power of the judiciary. The judicial branch should, therefore, institute limitations and preventions to restrain the powers of the branches in their own domains so as to ensure that the acts of governments remain as lawful as possible. It is essential that there exist laws outlining the rights of the people and the duties of the State. For this reason, legislators have often carefully drafted rules of civil and criminal procedure so that a particular State could avoid legal pitfalls. These rules should ideally include safeguards so that the State does not abuse its powers or exceed its authority to an extent that negatively affects human rights.
Analysis & Interpretation 1. Do you think in Improve the social status of women human rights play an important role? Yes No 80
20
yes no
2 Do you think after coming of human rights in India death dowry practice reduced ? Yes no 70
30
yes no
3 Do you think in child labor in India has declined from frequent contributor to human rights? Yes No 75
25
yes no
4 Do you think women's atrocities & rape rights in cases of along its completion are contributing human rights? Yes No 50
40
yes no
5 Do you think after coming the NGO in India women and children are aware for their rights? Yes
No
60
40
yes no
6 The cause of human rights law in India logo came about and awareness of their rights? Yes No 70
30
yes no
7 Do you believe the human rights and NGO efforts in India has decreased.? Yes No 70
30
yes no
8 Education provided by the Government in respect of rights Suvidhayo such as free education, affordable rates, and benefit poor children to get education..................?
Yes
No
65
35
yes no
9 Exempt all civilian life in harmony with today's independent India are right? Yes
No
80
20
yes no
10 66 years after passage of the freedom to freely assigned to take either an ordinary citizen feels secure, is.........? Yes
No
40
60
yes no
Conclusion and Suggestions: The Indian Judiciary has acted in the protection and promotion of Human Rights contained in the Constitution and the Civil and Political Rights Covenants and Economic, Social and ultural Rights Covenants and Universal Declaration of Human Rights of clear the mounting arrears of pending cases and to improve the quality of justice. Judicial Officers, their supporting staff, prosecutors and lawyers be sensitized to the protection of human rights by imparting training. Free Legal Aid Services be made more effective so as to reach the needy and poor. Public interest litigation by public spirited persons for genuine public causes be encouraged to voice and address the grievances of the public at large and the poor in articular. To conclude, the suggestions and recommendations enumerated above are not the exhaustive. Many other have been suggested throughout the study. There may be many more. "Every day we see how discredited human rights and United Nations itself would be, in the eyes of the world, if the declarations, covenants, charters, conventions and treaties that we draft in order to protect Human Rights remained theoretical or were constantly violated. Human Rights should therefore, be covered by effective mechanisms and procedures to guarantee
and
protect
them
and
to
provide
sanction".
Undoubtedly several efforts have been made and suggested in the direction of better protection of human rights at different for
as in India. The National Human
Rights Commission has
underlined the need for including principles of human rights in training programme of police and Paramilitary personnel to protect the sacred rights of citizens.
Bibliography Journals: 1.
Diary of Political Events.
2.
Frontline
3.
India today
4.
Outlook
5.
Politics India
6.
The Link.
News Papers: 1.
Free Press Journal
2.
Hindustan Times
3.
The Indian Express
4.
National Herald
5.
The Hindu
6.
The Times of India
Internet: 1.
www.google.com
2.
www.boloji.com
3.
www.preservearticles.com
4.
http://subsite.icu.ac.jp
QUESTIONNAIRE NAME____________________________ AGE________ SEX(M/F)______________________________________ OCCUPATION__________________________________
2. Do you think in Improve the social status of women human rights play an important role? YES
NO
3. Do you think after coming of human rights in India death dowry practice reduced ? YES
NO
4. Do you think in child labor in India has declined from frequent contributor to human rights?
Yes
NO
5. Do you think women's atrocities & rape rights in cases of along its completion is contributing human rights? Yes
NO
6. Do you think after coming the NGO in India women and children are aware for their rights?
Yes
NO
7. The cause of human rights law in India logo came about and awareness of their rights? Yes
NO
8. Do you believe the human rights and NGO efforts in India has decreased.? Yes
NO
9. Education provided by the Government in respect of rights Suvidhayo such as free education, affordable rates, and benefit poor children to get education..................?
Yes
No
10.Exempt all civilian life in harmony with today's independent India are Wytit? Yes
No
11.66 years after passage of the freedom to freely assigned to take either an ordinary citizen feels secure, is.........?
Yes
No
