Human right in India

INTRODUCTION

"To deny people their human rights is to challenge their very humanity", so said Nelson Mandela.

It is undeniable that human rights violation is one of the most challenging issues in the world. The term human right is a dynamic concept. Human rights are the basic natural rights for the peaceful survival of the people. The expression “Human Right” denotes all those rights, which are inherent in our nature without which we cannot live as a human being. violation of human rights is a global phenomenon. Now even after 70 years of independence, India still continues to suffer from significant human right violation, despite of framing of many laws and policies and promising and making commitment to tackle the problems. The principal objective of both India and international laws is to protect the human personality and its fundamental rights.

Analysis

In order to understand Human Rights Violation, we need to first understand the definition of human right which is defined  under section 2 (d) of the Protection of human right act 1993 which says:- human rights as the rights relating to life , liberty, equality and dignity of individual guaranteed by the constitution or embodied in the international covenants and enforceable by court of India. The universal declaration of human right has emphasized that it is an obligation of state to ensure every one the right to adequate food, education and right to enjoy highest attainable standards of physical and mental health in our society. Human right may be called the basic right, the fundamental right, the natural right or the inherent rights. Our constitution safe guard the human rights , but in spite of all such provision the violation of human rights taking place frequently in society. Cases of child marriage, domestic violence , dowry, sexual harassment child abuse, child labour, custodial violence, Unlawful detention , Custodial deaths, Exploitation of women, Atrocities on SC and STs, Abduction, rape and murder; have become rampant in the society.

Numerous studied have consistently found that in India majority of the people are illiterate, poor and exploited where violations human rights are bound to be more; but where the people are educated , advance, they are likely to be less prone to in human treatment and exploitation. Apart from the various schemes, laws, acts launched by government still in many areas continued to fall short both with respect of legal reform and implementation. Government still needs to pay more attention towards their laws and policies and check whether it is properly carried out.

The role of Nation human right commission is appreciable. The commission has grabbed the problem a little but cannot be blamed for its failure as the entire society is involved in this violence. The proper implementation of the human right act also need full cooperation of the government and non government agencies. Of course, realisation of human rights cannot be achieved solely through legislation and administration arrangements. In recognition of this fact ,commission are often entrusted with the important responsibility of improving community awareness of human rights.

HUMAN RIGHT AND INDIAN CONSTITUTION

Indian constitution provides two kinds of rights fundamental rights (part III) and other constitutional rights to citizens and some also to non citizens. Rights like social equality, equality of opportunity,  no racial and other discrimination, right to life and personal liberty, rights of accused have all their origin in basic human rights. Many of the principles of double jeopardy (art 20), right to human conditions of life (art 22) have also been recognised as human rights in UDHR (United Nations Declaration Of Human Rights, 1948) and other international conventions.

Civil and Political Rights


SI No.

Universal Declaration of Human Rights

Indian constitution

1

Everyone has the right to life, liberty and security of person.(Art.3)

Article 21

2

No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. (Art.4)

Article 23

3

Equality before Law and Non-discrimination (Art.7)

Article 14 and 15

4

Right to effective remedy (Art.8)

Article 32

5

Rights against arbitrary arrest, detention and right to habeas corpus (Art.9)

Article 22

6

Rights ex-post facto law [Art.11(2)]

Article 20(1)

7

Right to freedom of movement [Art.13(1)]

Article 10(1)(d)

8

Right of own property and not be deprived of property (Art.17)

Article 19 (1)(f) (but it was omitted by the Constitution) (42th Amendment)

9

Right to freedom of thought, conscience and religion (Art.18)

Article 25(1)

10

Right to freedom of opinion and expression (Art. 19)

Article 19(1)(a)

11

Right to freedom of peaceful assembly and association [Art.20(1)]

Article 19(1)(b)

12

Right to equal access to public service [Art.21(1)]

Article 16(1)

13

Right of social security (Art.22)

Article 29(1)

14

Right of form and join Trade Unions (Art.23)

Article 19(1)(c)


Conclusion

There is a dire need to sensitize the women, children, youth and various other communities of the people to spread about human rights  and different ways to break its shackles. finally it should be noted that a human right commission is not a prerequisite for a government to uphold the human rights of its citizens. Other state institution such as an independent of judiciary ,or a representative legislation ,can equally provided oversight to ensure recourse and redress to human right abuses.

No NHRC, Government,N.G.O. and specialization agencies can protect fully the human right cases in every corner of the country, but we the people should be united and create awareness in the society regarding the eternal values of life ,personal liberty and dignity of individual so that it will minimized the human right cases in the country.

The human right is not one what some one give you .........
it is what no one can take away your human right

The author can also be reached at brpandaadv@gmail.com

 

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