Human Rights_ Indian & International Perspective

What are Human Rights?

 Human rights are rights that we have simply because we exist as human beings.
 These are universal rights inherent to all of us, regardless of nationality, sex, national or
ethnic origin, color, religion, language or any other status.
 They range from the most fundamental, the right to life to those that make life worth
living, such as the rights to food, education, work, health, and liberty.
 World Human Rights Day is observed by the international community every year on
10th December.
o It commemorates the day in 1948 the United Nations (UN) General Assembly adopted
the Universal Declaration of Human Rights (UDHR). UDHR is a part of the International
Bill of Human Rights.
 Headquartered in Geneva, with many regional offices, the Office of the
High Commissioner for Human Rights has lead responsibility in the UN system for the
promotion and protection of human rights.
What is the International Bill of Human Rights?
 Following the second world war (1939-45), a series of declarations and covenants began
to articulate universal human rights.
 In 1948, for the first time, countries agreed on a comprehensive list of inalienable human
rights.
 In December of that year, the United Nations General Assembly adopted the Universal
Declaration of Human Rights (UDHR), a milestone that would profoundly influence the
development of international human rights law.
o 30 articles of UDHR provide the principles and building blocks of current and future
human rights conventions, treaties and other legal instruments.
 In December 1966, the UN General Assembly adopted two international treaties that
would further shape international human rights:
o The International Covenant on Economic Social and Cultural Rights (ICESCR) which is
monitored by the Committee on Economic, Social and Cultural Rights.
o The International Covenant on Civil and Political Rights (ICCPR)- monitored by
the Human Rights Committee.
 These are often referred to as “the International Covenants”.
 The UDHR and these two Covenants together are known as the International Bill of
Human Rights.
What are the Other Treaties related to Human Rights?
 International Humanitarian Law (IHL) and international human rights law are
complementary bodies of international law that share some of the same aims.
o International humanitarian law is a set of rules which seek, for humanitarian reasons, to
limit the effects of armed conflict. It protects persons who are not or are no longer
participating in the hostilities and restricts the means and methods of warfare.
International humanitarian law is also known as the law of war or the law of armed
conflict.
 Convention on the Prevention and Punishment of the Crime of Genocide (1948)
 Convention on the Elimination of All Forms of Racial Discrimination (1965)
 Convention on the Elimination of All Forms of Discrimination against Women (1979)
 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (1984)
 Convention on the Rights of the Child (1989)
 International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (1999)
 International Convention for the Protection of All Persons from Enforced
Disappearance (2006)
 Convention on the Rights of Persons with Disabilities (2006)
 In 2011, the United Nations Human Rights Council (UNHRC) passed the Guiding Principles
on Business and Human Rights (UNGPs).
What are the Provisions Related to Human Rights in India?
 Definition:
o According to the National Human Right Commission of India, Human Rights as 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.
 National Human Rights Commission:
o The National Human Rights Commission (NHRC) of India was established in 1993.
o The statute under which it is established is the Protection of Human Rights Act (PHRA),
1993.
 The Act provides for the establishment of State Human Rights Commissions.
 Human Rights as Incorporated in Indian Laws:
o Indian Constitution incorporated several provisions of human rights in Indian
Constitution.
o Part III of Fundamental Rights from Article 14 to 32.
 Articles 14 to 18 of the Constitution guarantee the right to equality to every citizen of
India.
 Article 19 deals with freedom of speech and expression and Article 21 provides Right
to life and liberty.
o In case of violation of fundamental human rights:
 The citizens can move to the Supreme Court under Article 32 and High Courts under
Article 226.
o Directive Principles of State Policy from Articles 36 to 51.
 India is a signatory to the Universal Declaration of Human Rights and has ratified ICESCR
and ICCPR.
 India has also ratified:
o The international convention on the elimination of all forms of racial discrimination
o The convention on the elimination of all forms of discrimination against women
o The convention on the rights of the child
o Convention on the Rights of Persons with Disabilities
 Some Other Related Laws and Policies in India:
o The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act (2006)
o The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act (2013)
 o The Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act
(2014)
o Jan Dhan Account
o Ujjwala gas connections
o Pradhan Mantri Awaas Yojana
o Triple talaq
o National Portal for Transgender Persons, Garima Greh
How is India’s Performance on Related Indices and Reports?
 Indices:
o World Press Freedom Index 2022:
 Published by Reporters Without Borders (RSF).
 Rank of India 150 out of 180 countries.
o Human Freedom Index:
 Jointly published by Cato Institute and the Fraser Institute.
 India ranked 119th out of 165 countries in the 2021 report.
o Index of Economic Freedom:
 Economic Freedom Index 2021 has been published by the Heritage Foundation.
 India’s economic freedom score is 53.9, making its economy the 131st freest in
the 2022 Index.
 India is ranked 27th among 39 countries in the Asia–Pacific region.
 Reports:
o Human Rights Report on India 2021:
 Published by the US State Department.
 The report flagged violations of privacy by government authorities, Pretrial
detention is arbitrary and lengthy, Free of Expression and Media are restricted.
o Freedom in the World 2021 Report:
 Published by the US based human rights watchdog Freedom House.
 India’s score was 67, a drop from 71/100 from last year 2020.
o Democracy Report 2022:
 Published by the V-Dem Institute at Sweden’s University of Gothenburg.
 The level of democracy enjoyed by the average global citizen in 2021 is down to 1989
levels.
What are the Emerging Challenges Regarding Human Rights?
 Violations of Human Rights may be committed by the state knowingly or as a result of
the state's negligence.
o One of the most severe and well-known violations of human rights in recorded history is
the Holocaust. Jews, gays, communists, Slavs, and other groups were denied humanity
as part of Adolf Hitler's "cleansing the world" agenda.
 Right to live with dignity:
o Manual Scavenging is a grave concern. The Indian government has come up with
several policies to counter it, but few areas are witnessing cases of manual scavenging
till now.
 o The human rights of the Tribals are compromised when they are displaced from the
protracted area for the conservation of the animals.
o The Right to Clean Environment comes under the Right to life under Article 21 of
the Indian Constitution. Hike in pollution due to urbanization and industrialization led
to continuous violation of this human right.
 Human rights of women:
o Women are considered weak in our society and are often denied basic human rights.
They are subjected to violence in society whether it is within four walls of the house or
at workplace.
 In Afghanistan, invasive vaginal examinations are forced on women to
test “virginity” every time a girl is arrested on a mortality charge.
 Rights of prisoners:
o Violations of the most fundamental human rights of the prisoners, including forced
labour, physical abuse/torture, police misuse of power, inhumane treatment,
custodial rape, poor food quality, a lack of a water system, and other issues noted by
the Supreme Court.
 The Supreme Court of India in the recent past has been very vigilant against
encroachments upon the Human Rights of the prisoners.
 Corruption in Governance:
o Corruption threatens the rule of law, democracy and human rights, undermines good
Governance, fairness and social justice, distorts competition, hinders economic
development, and endangers the stability of democratic institutions and moral
foundations of society.
o There have been possibilities of misuse of the provisions of the anti-terror law
including the targeting of minorities and using it against political opponents
had arisen.
Why Human Rights are Important?
 Human rights protect an individual from
being abused or discriminated against because everyone should have the equal
opportunity to grow physically and intellectually.
 Individuals can speak out against societal injustice and evil practices prevalent in society.
 Human rights guarantee that people's fundamental necessities be addressed.
 Freedom of speech and expression are promoted by human rights.
 Religious freedom is made possible by human rights.
 A uniform norm for government accountability is provided by human rights.
Way Forward
 Ensure Timely and Effective Service Delivery: Corruption in governance is the major
factor behind the human rights violation because it relaxes the timely and effective
implementation of the government policy and program. The timely and efficient delivery
of services should be guaranteed by appropriate administration and monitoring.
 Focus on Underdeveloped and Developing Countries: Majority of the human right
violation are taking place in underdeveloped and developing nations. So developing and
underdeveloped nations should be given proper opportunity to grow and sustain the
measures associated with human right violation.
 In case of India, the NHRC should be substantially redesigned in order to become a more
effective watchdog of human rights abuses across the nation. The efficacy of the NHRC
will rise if the commission's recommendations are made legally binding. State and non-
state entities must cooperate and take lead if the human rights situation in India is to
be improved and strengthened.
 Old laws and provisions should be aligned according to latest demand of the
circumstances.