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Published : September 12, 2012 | Author : jyo
Category : Human Rights laws | Total Views : 6905 | Rating :

  
jyo
Jyosna Dighe Asst. Professor, Gokhale Education Society
 

Realization of Human Rights -Role of NGO

The evolution of the human rights movement clearly illustrates humanity’s ongoing struggle toward creating a better world.”– Robert Alan

Many organizations around the world dedicate their efforts to protecting human rights and ending human rights abuses. Public support and condemnation of abuses is important to their success, as human rights organizations are most effective when their calls for reform are backed by strong public advocacy[]. Non Governmental Organization is one of the examples of such groups. In every part of the globe, there are Non-Governmental Organizations’ (NGOs) working every hour of the day to document the injustices heaped upon women, children and the under-class, standing beneath the bottom rung of the society. By their active campaigning, they remind Governments to keep their promise in order to give practical shape to goals set by various national and international conventions on human rights. India is estimated to have between 1 million and 2 million NGOs.[] The NGO are a necessary corollary to the democratic machinery of the government, they are means of democratic empowerment of those who are less powerful and less advantaged as the government machinery and its authorized institution are not always sufficient to guarantee the protection of human right.

Human Right and NGO
Human rights as the ‘Rights relating to life, liberty, equality, and dignity of individuals guaranteed by the constitution or embodied in international covenants and enforceable by the courts in India’[]
The term non-governmental or, more accurately non-profit is normally used to cover the range of organizations which go to make up civil society. Such organizations are characterized, in general, by having as the purpose of their existence something other than financial profit. However, this leaves a huge multitude of reasons for existence and a wide variety of enterprises and activities. NGOs range from small pressure groups on, for example, specific environmental concerns or specific human rights violations, through educational charities, women's refuges, cultural associations, religious organizations, legal foundations, humanitarian assistance programs.[]The Economic and Social Council may make suitable arrangements for consultation with nongovernmental organizations which are concerned with matters within its competence. Such arrangements may be made with international organizations and, where appropriate, with national organizations after consultation with the Member of the United Nations concerned.

NGO’s have a vital role to play in the promotion and protection of human right specially in the developing country, has the largest number of NGO’s whose activates are spared in different fields for the welfare of human being including the promotion and protection of human right.

Role of NGO

The 21st Century will be an era of NGOs.” — Kofi Annan, Former UN Secretary General
The world conference on human right was held in Vienna in Austria in 1993, with objective “to review and assess the progress made in the field of human right”. The resolution no 38 of the declaration stated –the world conference on human right recognizes the important role of Non Government Organization in the promotion of all human right and in humanitarian.

NGO organization have functioned as the conscience of the national in the field of human right by taking prompt action to investigate the instance human right by undertaking and the spot studies and publishing the observations.

NGOs play a pivotal, role in many fields, such as in prevention of HIV/AIDS, to educate to teach and train vulnerable groups, child care, child exploitation, child labour, bonded labour, in sex tourism, and providing counselling in number of matters including domestic disputes, subject relating to rights of women and children and so on.

Among the wide variety of roles that NGOs play, the following are important
The Social Welfare Role - where relief and charity are key actions. NGOs in this role can be seen as initiating internal programs and projects.

The Mediatory Role - where communication as a skill is important for development and social action. NGOs in this role can be seen as participating or taking up external programs and projects.

The Consultative Role - where support documentation and dissemination of information and expertise is critical. NGOs in this role can be seen as working in collaborative programs. Local experts/professionals/resource persons play major secondary roles.

Development and Operation of Infrastructure: Community- based organizations and cooperatives can acquire, subdivide and develop land, construct housing, provide infrastructure and operate and maintain infrastructure such as wells or public toilets and solid waste collection services.

Supporting Innovation, Demonstration and Pilot Projects: NGO have the advantage of selecting particular places for innovative projects and specify in advance the length of time which they will be supporting the project - overcoming some of the shortcomings that governments face in this respect.

Facilitating Communication: The significance of this role to the government is that NGOs can communicate to the policy-making levels of government, information about the lives, capabilities, attitudes and cultural characteristics of people at the local level. NGOs can facilitate communication upward from people to the government and downward from the government to t he people.

Technical Assistance and Training: Training institutions and NGOs can develop a technical assistance and training capacity and use this to assist both CBOs and governments.

Research, Monitoring and Evaluation: Innovative activities need to be carefully documented and shared - effective participatory monitoring would permit the sharing of results with the people themselves as well as with the project staff.

Advocacy for and with the Poor:

In some cases, NGOs become spokespersons or ombudsmen for the poor and attempt to influence government policies and programs on their behalf. This may be done through a variety of means ranging from demonstration and pilot projects to participation in public forums and the formulation of government policy and plans, to publicizing research results and case studies of the poor. Thus NGOs play roles from advocates for the poor to implementers of government programs; from agitators and critics to partners and advisors; from sponsors of pilot projects to mediators.[]
Role of NGO at International level in protecting human right

At the international level, the status of human rights is watched by many NGOs. Amnesty International is one such organization. This Organization is dedicated to publicizing violation of human rights, especially freedom of speech and religion and right of political dissent. It also works for the release of political prisoners and, when necessary, for the relief of their families. For its commendable services in the field of human rights, Amnesty International was awarded the Nobel Prize for peace in 1977.[]

International NGOs
Australia Asia Worker Links:
It is an Australian non-government organization active since 1979, established to forge international labour movement links in the Asia-Pacific region. AAWL supports union, human, indigenous and women’s rights, promoting solidarity between unions and advocating for improvements in corporate citizenship in the region. Its office is in the Victorian Trades Hall Council building, Melbourne. AAWL has conducted solidarity exchanges and study tours in many countries including South Korea, China, India, Nepal, Sri Lanka, Malaysia, Thailand, Vietnam, Philippines, Papua New Guinea, and Japan.-
The Fred Hollows Foundation
It is a non-profit, community-based, non-government development aid organization that focuses on treating and preventing blindness and other vision problems. It operates in Australia, The Pacific, South and South East Asia, and Africa.

Khanya College
It is an independent non-governmental organisation based in Johannesburg, South Africa. Established in 1986, the primary aim of Khanya College is to assist various constituencies within working class and poor communities to respond to the challenges posed by the forces of economic and political globalisation. The motto of the organization is “Education for Liberation”. The Khanya College offices are located at 123 Prichard Street, downtown Johannesburg.

Legal Resources Centre
The Legal Resources Centre (LRC) is a human rights organization based in South Africa with offices in Johannesburg (including a Constitutional Litigation Unit), Cape Town, Durban and Grahams town. The LRC employs over 65 lawyers specializing in public-interest law.

Amnesty international
It is an international Nongovernmental organization which was started in 1961. Peter Benenson an advocate wrote an article in the observer news paper and started a campaign appeal for amnesty because two students who raised a toast for independence were arrested; this was the reason for writing the article. At present Irene Khan is the secretary general of the organization. Amnesty international have over 2 million subscribers and supporters who fight for protection of human rights.

Cool Earth
It is a UK based international non-governmental organization that protects endangered rainforest to combat global warming, protect ecosystems and provide sustainable jobs for local people. Cool Earth also refers to a Japanese program generally called the “Cool Earth Partnership,” inaugurated in 2007. Cool Earth protects and secures rainforest under imminent threat of destruction, working with other NGOs.

Human Rights Foundation
The Human Rights Foundation (HRF) is a non-profit organization whose stated mission “is to ensure that freedom is both preserved and promoted” in the Americas. [The Human Rights Foundation was founded in 2005 by Thor Halverson. Its head office is in New York City, New York, USA. Its definition of human rights focuses on the essential ideals of freedom of self-determination and freedom from tyranny and the rights of property.

Role of NGO at national level in protecting human right
NGO’s having played the role of development factor has been crucial as service providers. In the development sector, many NGO’s have moved ahead or gap filling initiatives to capacity building activities. Some example as follow:
Sulabh Movement: It is a major social movement in the country for the betterment and welfare of Dalits, in a generic sense, and in particular for the liberation and social mainstreaming of scavengers.
Child Relief and You (CRY): It is a voluntary organisation committed to the upliftment of millions of children who have been deprived of their childhood due to various reasons.
Campaign Against Child Labour (CACL): The campaign against child labour is a joint initiative of Youth for Voluntary Action (YUVA), Pune and Tere des Hommes (Germany) India Programme. The Campaign is currently supported by ILO and is actively working for progressive eradication of child labour through provision of education, organisation of awareness programmes, promotion of legislative changes and rescuing children in bondage or victims of abuse.

Organisations like Saheli and Chetna are actively involved in the protection of Women’s Rights. They provide free legal aid to women to fight for their rights against gender bias and discrimination.
Butterflies are an NGO with a programme for street and working children. It was started in 1988 and its activities include non-formal education, saving schemes for children, vocational training, holding Bal Sabhas, and creating awareness for children’s rights, Bal Mazdoor Union, networking with other NGOs and research and documentation. The researcher is going to look in to some important national level NGOs in India.

Ramakrishna Mission Home of Service:
It is an Indian non-governmental organization established in Varanasi , established in 1900 and became a branch of Ramakrishna Mission in 1902. It manages an education program on essential health problems in schools, slums and villages of Uttar Pradesh (India) thanks to auto produced multimedia educational films.

People’s Union for Civil Liberties:
It is a prominent civil rights organization in India. It was formed in 1976 by veteran socialist and campaign leader Jaya Prakash Narayan, who launched it as the People’s Union for Civil Liberties and Democratic Rights (PUCLDR), it Was originally intended to be an organization free from political ideologies, bringing those concerned about defending civil liberties and human rights from different backgrounds onto a common platform.

People’s Union for Democratic Rights:

It came into existence in 1976-77 as the Delhi unit of a larger national forum, and became PUDR on 1 February, 1981.In the last two and a half decades of its existence the organisation has taken up hundreds of instances of violations of democratic rights, covering most parts of the country and involving the rights of many sections of society. PUDR conducts investigations, issues statements, distributes leaflets, organizes public meetings, demonstrations and dharnas, and fights legal cases to highlight the violation of people’s rights, and to help towards their redressal. PUDR also takes up issues of general importance that affect the rights of people through general campaigns, publications and legal interventions. These include: gender equality; rights of forest-dwellers and forest policy; working class rights; agrarian conflict; caste oppression; deaths, rapes and torture in police custody; and undemocratic legislation, in particular the various incarnations of the ‘terrorist act’ (TADA and POTA) etc.

Child Rights and You:
Rights and You (formerly Child Relief and You, till 2005), commonly abbreviated as CRY is a non-profit organization in India that aims to restore children’s rights in India. The organization was established in 1979. The organization partners with grass-roots Nongovernmental organizations to uplift thousands of Indian children denied basic children’s rights In 2007, its media campaign showing “smiling kids” and asking citizens to partner instead of simple donate, was seen as departure from stereotypical NGO sector advertising in India

Bandhua Mukti Morcha:

Bandhua Mukti Morcha (BMM) or Bonded Labour Liberation Front (BLLF) is a non-governmental organisation in India working to end bonded labour. Based in New Delhi, it was founded in 1981 by Swami Agnivesh who continues as its chairman. Bonded labour was legally abolished in India in 1976 but it remains prevalent, with weak enforcement of the law by state governments. Estimates of the problem vary. Official figures include a 1993 estimate of only 251,000 bonded labourers while BMM says there are 65 million bonded child labourers, and a larger number of adults. A 2003 project by Human Rights Watch has reported a major problem with bonded child labour in the silk industry, BMM’s efforts are credited with the passing of legislation to abolish child labour in India (the Child Labour (Prohibition and Regulation) Act 1986.

The list of NGOs is by no means exhaustive. There are many other organisations working for the cause of human rights. The work of five organisations is reported here by way of illustration only.
Role of NGOs in protecting Human Right through Judiciary and NHRC

NGOs have played an important role in the protection of human rights. They cannot succeed in their role unless there is help from the judiciary. The NGOs help the victim of human right violation by providing them assistance and advice. The NGOs have filed cases, writ petitions and public interest litigation on behalf of victims and public at large for protection of human rights. The NGOs have fought against the system of bonded lab our, fake encounters by police, protection of women children’s rights, custodial violence and custodial death, prevention of torture and other in human practices. The judiciary has passed appropriate order and given compensation to the victims on a petition by the NGOs. The NHRC encourages NGOs in the of human rights. The NGOs also take up cases of violation to the NHRC and state human rights commissions.

The following are some examples in which NGO take an action in court for protecting human right:
# Vishaka & Ors vs State of Rajasthan & Ors
# Peoples’ Union For Democratic Rights V. State Of Bihar & Ors (19 December 1986)
# Bandhua Mukti Morcha vs Union Of India & Ors  (16 December 1983)
# Saheli V/S Commissioner Of Police
# People’s Union for Democratic Rights V/s Police commissioner Delhi, head quarters 1989 4 SCC 730.

Conclusion:
Peace, development and human rights are essentially inter-related, inter-dependent and indivisible.” – Theo van Boven
The NGO play important role to become a concrete expression of international, national and regional and local level voice to assist and stand up for those who can’t speak themselves. Every human being is entitled to certain basic human rights which are available to them without discrimination of any sort human rights are protected by the United Nations and its specialized agencies. In India human rights are protected by the judiciary, human rights commissions, apart from these organizations the Non Governmental organizations also have an important role in protection of human rights. The Non Governmental organizations work from grass roots level to the national and international level in the protection of human rights.

Contribution of NGOs towards the development of Human Rights
* They mobilize public opinion.
* They contribute a lot to the society.
* They pressurize the government on certain issues, such as protection of prisoners rights, torture etc.
* They approach the judiciary on behalf of poor people who otherwise have no access to justice.
* They ask for submission of certain reports.
* The play a special role especially in the developing countries for the development of human rights.

Suggestions:
* NGOs need to expand their programmes, campaigns, skits from yearly or bi-yearly to monthly. Frequent programmes increase the awareness of human rights even more than yearly.
* NGOs also need to get more aid both from foreign and within India which will be useful to carry out their cause.
* NGOs must have clear goals and priorities, they should define what they are trying to achieve as clearly as possible. They should think strategically and assess how short term goals fit in with long term ones.
* NGOs must have a clear written work plan for both individual and staff activities. Plan reminds people of what the goals are, it helps keep things on track and with major projects or campaigns it helps people see where they fit into big picture.
~~~~~~~~~~~~~~~~
[] www.humanrights.com/voices-for-human-rights/human-rights-organization/non-governmental.html
[[iii]] Human Rights in India Dr. Sunil Deshta and Dr. Pratap Singh Allahabad law Agency Law Publishers page no 120
[[iv]] Section 2{d} of the Protection Of Human Rights Act,1993
[[v]] eycb.coe.int/compass/en/chapter-4/4-4.html
[[vi]] A 72 of UN charter
[[vii]] Dr. H.O.Agarwal Human Rights-Central Law Publication, 9th Edition p. no. 214
[[viii]] Ibid 3
[[ix]] An introduction to Human Right by Dr.vijay chitins, Mr. Jitendra chitins, Dr. waman waghmare, prof. Ajay patil, Adv. Mukesh chheda forward by Hons. Mr. Justice Arvind Savant page no.10
[[x]] Justice A.D. Mane’s Lectures on Human Right edited by Dr. Vijay N. Ghormade Hind Law House-2007 Edition p.no. 325
[[xii]] Jurisoline.in/2012/02/the-role-of-ngos-in-the-protection-of-human -right-a-study-with-special-referance-to-state-of-tamil-nadu
[[xiii]] Ibid 2
[[xiv]] Ibid 12
[[xv]] Subleterns-a quarterly Newsletter of Indian Social Institute, New Deihi Voi. 20 April June 2012 article by Archana Singh p.no. 3
* Prepared By - Miss. Jyosna B. Dighe -  Asst. Professor, Gokhale Education Society’s N. B. Thakur Law College, Nashik,

Authors contact info - articles The  author can be reached at: uditmisra@legalserviceindia.com




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Article Comments

Posted by ASHA RANI JAISWAL on December 01, 2013
To,
     The Chairperson / Wakil Sahab

Subject : HIGHLY URGENT PLEASE. Humble request & a prayer to grant Free Legal Aid for filing a Writ Petition to a socially disadvantaged, weak, destitute, poor woman, hailing from the weaker sections of the Society, unemployed, fully dependent, chronically ill & bed ridden with no income or monetary support.

Dear Sir / Madam,
           HELP, HELP, HELP, I beg & pray you please. I am an old aged, lonely, needy & destitute woman, deserted by my husband, after some years of marriage, with three children to care for. I have just passed (10 2), from U.P. I hail from a very poor family & it has been very difficult to arrange for me, two meals a day, I being unemployed, am passing my days in utter penury, illness & misery. After the family court made a judgement directing him to pay me maintenance, he sold quite some of the property & is absconding as on date. They have also taken all my “Stree Dhan”, personal belongings, gifts & utensils etc. given by my deceased father & mother. I have no support from any corner of the world. My in laws have had been treating me brutally, cruelly & torturing me mentally & physically often & on. Atrocities, inhuman behavior, hurling of abuses, tormentation, undue vexation & domestic violence have been the order of the day. Not only this they want, to turn us out of the house. I am in a state of complete nervous breakdown & at times, I feel like committing suicide.

     I solicit your kind help & support, in the hour of acute distress. You are my last ray of hope & support, for help. In support of my complaint, I am ready to tender any type of document, you require. The Opposite Party are very powerful, influential & monetarily very sound. As such they have been able to get away at ease, with all their crimes. Not only this they resort to horse trading & bribery. Lately, they were involved in Defence Land Scam in Allahabad, due to support of the Cantonment Board, Allahabad and the Defence Estates Office, Allahabad. They are also trying to encroach my land & turn me out of my house, by construction of illegal walls & Government Defence Land illegally, too. I was also beaten severely by their criminal elements & sustained serious injuries lately. The Cantonment Board & the Defence Estates Office, Allahabad, have been a party to their fraudulent transaction, fraud, forgery, duping & cheating etc., being bribed, owing to which I am the sufferer. Forged wills are being accepted for mutation, in the Cantonment Board & D.E.O., Allahabad, being bribed, and the illegal collusion goes. I seek direction of the Hon.’ble Court to cancel all such illegal & fraudulent transactions & austere action against the respondents. The Cantonment Board, Allahabad itself is issuing illegal, fraudulent & forged Death Certificates, which are serving as a base for all fraudulent transactions. Illegal walls are being built to encroach Defence Land, certain such structures are coming up without permission, with are not in the G.L.R. & which are detrimental to the interest and security of the Nation. This is a multi-crore scam & we went to the local police of Allahabad but we did not get any support. Thereafter we complained to the Government of U.P., Central Government, Ministry of Defence, including top notch officers. Though they wrote to the Allahabad Authorities, they, i.e. the Sub Area, New Cantt., Allahabad, the Cantonment Board, Allahabad & the Sub Area, Allahabad, being in collusion with the criminals & accused Ms. Rashmi Jaiswal & others, have failed to get an investigation done either by the police nor by top rated investigation agencies, as many of their own employees along with the accused Ms. Rashmi Jaiswal & others, would be fixed & charged for various Offences, as there is substantial evidence against them. Further, the local police, too refrained to take action against them, being apparently bribed. The Land is leased & comes under the Ministry of Defence, Government of India. Out of fear for my life on account of constant threats & dreaded goonda raj, in the Cantonment Area of Allahabad, I escaped somehow to Delhi / NCR & I am staying with my daughter. Of now, I cannot go to Allahabad, so the question of staying there all alone does not arise, as I see a risk to my life. Please, please protect me, I beseech & implore you with folded hands, else they shall kill me. I want to file a Writ Petition in the Hon.’ble Supreme Court, New Delhi, seeking the relief of immediate investigation by the C.B.I. / S.I.T. / N.I.A. / E.D., for a speedy investigation, at the earliest. against the following : (1) Union of India, Ministry of Defence, New Delhi represented by its Secretary, (2) Sub Area Commander, New Cantt., Allahabad, (3) Cantonment Board, Allahabad, (4) Defence Estates Office, Allahabad, (5) Rashmi Jaiswal, 2, Cassels Road, Shambhoo Estate, Allahabad – 211001. The main opponents are at Serial No. 2, 3 ,4 & 5. Since this is a life and death situation for me, we solicit an immediate reply, at the earliest, at the address & E-Mail given below please.

My Address :                                                  Sincerely Yours,

Asha Rani Jaiswal, C/o, R.R. Arora, C/o, Rishi Raj Arora, Preeti Trade               
Link (P) Ltd., DSS 45 & 46, Marble Market, Sector – 21C,                          ______________________
Faridabad – 121001, Haryana, Ph. No. : 09335401055, 09757301330                     Asha Rani Jaiswal
E-Mail : sakona@rediffmail.com                         Date : ________________

Enclosures : (1) Complaint sent to various Govt. Officers & Central / State Govt., (2) Docus. Proving my Complaint, in support                              


     


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