Human Rights laws in India

Human Rights law in India

Human Rights laws in India
In order to live with dignity certain basic rights and freedoms are necessary, which all Human beings are entitled to, these bacic rights are called Human Rights

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What are human rights?
In order to live with dignity certain basic rights and freedoms are necessary, which all Human beings are entitled to, these basic rights are called Human Rights

Human rights demand recognition and respect for the inherent dignity to ensure that everyone is protected against abuses which undermine their dignity, and give the opportunities they need to realize their full potential, free from discrimination.

Human rights include civil and political rights, such as:
# The right to freedom of expression
# The right to freedom of religion or conscience
# The right to property
# The right to freedom of assembly
# The right to privacy
# The right to vote.

Human rights also cover economic and social rights, such as:
# The right to an adequate standard of living
# The right to adequate food, housing, water and sanitation
# The rights you have at work
# The right to education.

Human rights belong to everyone, everywhere, regardless of nationality, sexuality, gender, race, religion or age. The foundation of modern human rights is the Universal Declaration of Human Rights (UDHR). The 30 articles of the Declaration were adopted in 1948 by the United Nations General Assembly, and over time these have been integrated into national laws and international treaties. The core values of the UDHR - human dignity, fairness, equality, non-discrimination - apply to everyone, everywhere.


Historical Development of Human Rights
Human rights are the rights a person has simply because he or she is a human being. Human rights are held by all persons equally, universally, and forever. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Kant said that human beings have an intrinsic value absent in inanimate objects. To violate a human right would therefore be a failure to recognize the worth of human life. Human right is a concept that has been constantly evolving throughout human history. They have been intricately tied to the laws, customs and religions throughout the ages. Most societies have had traditions similar to the "golden rule" of "Do unto others as you would have them do unto you." The Hindu Vedas, the Babylonian Code of Hammurabi, the Bible, the Quran (Koran), and the Analects of Confucius are five of the oldest written sources which address questions of people’s duties, rights, and responsibilities.

Human rights are fundamental to the stability and development of countries all around the world. Great emphasis has been placed on international conventions and their implementation in order to ensure adherence to a universal standard of acceptability. With the advent of globalization and the introduction of new technology, these principles gain importance not only in protecting human beings from the ill-effects of change but also in ensuring that all are allowed a share of the benefits. The impact of several changes in the world today on human rights has been both negative and positive. In particular, the risks posed by advancements in science and technology may severely hinder the implementation of human rights if not handled carefully. In the field of biotechnology and medicine especially there is strong need for human rights to be absorbed into ethical codes and for all professionals to ensure that basic human dignity is protected under all circumstances. For instance, with the possibility of transplanting organs from both the living and dead, a number of issues arise such as consent to donation, the definition of death to prevent premature harvesting, an equal chance at transplantation etc. Genetic engineering also brings with it the dangers of gene mutation and all the problems associated with cloning. In order to deal with these issues, the Convention for the Protection of Human Rights and Dignity of the Human Being with Regard to the Application and Medicine puts the welfare of the human being above society or science.

However the efficacy of the mechanisms in place today has been questioned in the light of blatant human rights violations and disregard for basic human dignity in nearly all countries in one or more forms. In many cases, those who are to blame cannot be brought to book because of political considerations, power equations etc. When such violations are allowed to go unchecked, they often increase in frequency and intensity usually because perpetrators feel that they enjoy immunity from punishment. - - Faisal Fasih

Human Rights Violation
The Founding Fathers of the Indian Constitution had a vision of the Indian society, which they wanted to realize through the Constitution. That vision was primarily reflected in the Preamble, the chapters on Fundamental Rights and Directive Principles of State Policy is the product of human rights movement in the country. It is the duty of the State to guarantee what is said in the Constitution. But the shocking evidence that the State is itself the culprit, according to Mr. J.S. Verma, the former chairman of the NHRC. According to a statement made by him on Jan. 15, 2003, just a few days before his demitting the office:
It is often the State which is violator of Human Rights in maximum cases in the country. But the maximum responsibility to protect and safeguard the rights of its citizens also lies with the State - - Deepesh Mittal

Legal Aspects of the Bhopal Gas Tragedy
The MIC in the Union Carbide Plant was primarily used for the production of carbaryl, which is a pesticide. It is alleged that most of the safety systems were not functioning and that most of the safety valves were in poor condition around the time the incident took place. During the night of December 2-3, 1984, large amounts of water entered into the tank numbered 610 which contained about 42 tonnes of methyl isocyanate. At the time, workers were cleaning out pipes with water, and some claim that owing to bad maintenance and leaking valves, it was possible for the water to leak into tank 610. This resulted in an exothermic reaction which caused the temperature and the pressure inside the tank to increase. Due to this urgent venting of pressure, large volumes of MIC gas were released into the atmosphere. The gases flooded the city of Bhopal, causing great panic as people woke up with a burning sensation in their lungs. Thousands died immediately from the effects of the gas and many were trampled in the panic. The long term health effects of the gas include visual impairment, blindness, respiratory difficulties, immune and neurological disorders, lung injury, female reproductive difficulties and birth defects among children born to affected women. - - Deepika Kumar

 Women Rights are Human Rights: Is it a rhetoric?
The world has never yet seen a truly great and virtuous nation because in the degradation of woman the very fountains of life are poisoned at their source. ~Lucretia Mott

The Past:
As a gender and an integral part of Humanity, women have suffered much and without any fault of their own. They have toiled and contributed ceaselessly, they have laboured and produced continuously and they have been discriminated, invariably.

The history of this discrimination is as old as the history of civilization itself. The women have suffered so much, for merely being women, from all recognized social institutions that have existed so far that if we dare write a book on the tortures and cruelty and biases they have faced, it may run in thousand volumes. If we try to trace the origin of this sorry state of affairs we will find that the discrimination has already started when the society was in its nascent stage. Patriarchal societies have a long history of treating women as inferior being though matriarchal societies have generally been found to treat women with a little bit more respect.

Primary reasons and instrument of implementing this bias has been the deprivation from the property and violence. At the dusk of tribal societies when the man first started to understand the nuances of private property, Man because of his stronger physique and because he had not to recluse himself from the production due to maternity became the prime bread earner of the family. From this point of time started the formation and consolidation of the male dominated society as we see it. This consolidation continued till the dark ages and first rays of light in the dungeon of solitude and bereavement of the women begin to fall with renaissance. The industrialization with its craving for cheaper and abundant labour helped in making women more economically and socially powerful. It can not, however, be denied that all this progress would still have left women as the inferior sex had they not tenuously and vehemently fought for their own rights.

Gender inequality, which remains pervasive worldwide, tends to lower the productivity of labour and the efficiency of labour allocation in households and the economy, intensifying the unequal distribution of resources. It also contributes to the non-monetary aspects of poverty lack of security, opportunity and empowerment that lower the quality of life for both men and women. While women and girls bear the largest and most direct costs of these inequalities, the costs cut broadly across society, ultimately hindering development and poverty reduction, ~ Gender and Development Group -World Bank, from the report "Gender Equality and the Millennium Development Goals" (2003). - - Mohit Mishra

Anti-Terrorism Laws: The Reality
what exactly is terrorism? Terrorism has often been understood variously as both a tactic and a strategy; a heinous crime and a holy duty; a reasonable response to oppression and an inexcusable abomination. Different organizations have different definitions to offer when it comes to explaining this term. The Code of Federal Bureau of Investigation (the FBI) in U.S.A defines it as “the illegal use of force and violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives." The FBI further explains terrorism as either domestic or international, depending on the origin, base, and objectives of the terrorists. On the other hand, the European Union defines "terrorism" as the aim of "destabilising or destroying the fundamental, political, constitutional, economic or social structures of a country." But ordinarily, it’s understood as ‘an act of terror which influences an audience beyond the immediate victim’. A terrorist attack is not only an attack on innocent individuals but it is an attack on our sovereignty, unity and integrity and our feeling of nationalism.
Unlawful Activities (Prevention) Act, 1967:

Some laws enacted due to Terrorism
# Terrorist and Disruptive Activities (Prevention) Act, 1987:
# Maharashtra Control of Organised Crime Act, 1999
# Prevention of Terrorism Act, 2002
# Two years from the enactment of the POTA, a number of issues as to the possibilities of misuse of the provisions of the anti-terror law including the targeting of minorities and using it against political opponents had arisen. In Gujarat, all except one of the POTA detainees are from the Muslim community and in Tamil Nadu and UP too, the superficial anti-terror law has been abused to book, without lucidity and accountability, political opponents and underprivileged communities respectively - - Kritika

Right to Clean Environment: A basic Human Right
At present, all of us all over the globe face grave environmental problems. The continuing deterioration of earth’s ecological reserves poses a serious threat to the pollution free environment. One of the most complex challenges facing our generation is to maintain a workable synergy between sustainable economic development and pollution free environment.

The factors which have contributed most directly to the excessive pressure on the environment and natural resources in India are:-
1. A doubling of the region’s population over the past four decades.
2. A tripling of economic output, and
3. The persistence of poverty.

The movements are massive and legal maneuvers stupendous, but much appears to be yet in store. The children and the layman have all become endowed with the consciousness for a halcyonic environment. However, positive results are not forthcoming. The prospects are murky and future is unsafe but pessimism is no cult to advocate and human dedication to combat pollution has to march ahead undaunted.

In this scenario, India needs a global war on environmental degradation that is as aggressive and well - funded as the war on terrorism. More than ever we need to take necessary steps to ensure that the environment remains at the top of our agenda. - - Aditi singh

Science and Technology in human rights: An Indian perspective
The major historic milestones of the Indian Council of Medical Research reflect, in many ways, the growth and development of medical research in the country over the last nine decades. First meeting of the Governing Body of the Indian Research Fund Association (IRFA) was held on November 15, 1911 at the Plague Laboratory, Bombay, under the Chairmanship of Sir Harcourt Butler. At the 2nd meeting of the Governing Body in 1912, a historic decision was taken to start a journal for Indian Medical research. Between 1918--20, several projects on beriberi, malaria, kala azar and indigenous drugs were initiated. In 1945, a Clinical Research Unit  the first research unit of IRFA attached to a medical institution- was established at the Indian Cancer Research Centre, Bombay. In 1949, IRFA was re-designated as the Indian Council of Medical Research. Over next 60 years, ICMR established many national research centers in the fields of nutrition, tuberculosis, leprosy, viral disease, cholera, enteric disease, reproductive disorders, toxicology, cancer, traditional medicine, gas disaster, genetics, AIDS etc.
- - Aditi singh

Genocide In Modern Times
"Genocide" derives from the Greek "genos," meaning "race, nation, or tribe," and from the Latin "caedere," meaning "to kill." The Nuremberg trials (1945-1946) did not widely employ the term "genocide." It was one Raphael Lemkin first proposed the term "genocide" in his 1944 book Axis Rule in Occupied Europe. Within months of its origin, the word started being used widely. Raphael Lemkin was a Polish-Jewish lawyer whose family was decimated by the Nazis.

Jurists list the following examples of genocide: "the denial of ethnic Hawaiian culture by the American run public school system in Hawaii, government policies letting one race adopt the children of another race, African slavery by whites, South African Apartheid, any murder of women by men, death squad murders in Guatemala, deaths in the Soviet gulag, and, of course, the Jewish Holocaust." The following actions have also received the label "genocide": "'race mixing' (integration of blacks and non-blacks); drug distribution; methadone programs; the practice of birth control and abortions among Third World people; sterilization and 'Mississippi appendectomies' (tubal ligations and hysterectomies); medical treatment of Catholics; and the closing of synagogues in the Soviet Union. Justice Robert Jackson in his planning memorandum which he distributed at the beginning of the London Conference in 1945 had outlined the evidence he planned to adduce in the trial. Referring to "proof of the defendant's atrocities and other crimes," he included, "genocide or destruction of racial minorities and subjugated populations by such means and methods as (1) underfeeding; (2) sterilization and castration; (3) depriving them of clothing, shelter, fuel, sanitation, medical care; (4) deporting them for forced labor; (5) working them in inhumane conditions. - -
Meera Mathew


Women and housing rights in Human Rights
Housing is now recognised as a fundamental human right of all human beings in many international human rights instruments. The most significant instrument on right to housing is Article 11(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). According to it, “The State Parties to the present Covenant recognise the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing and to the continuous improvement of living conditions”

A comprehensive understanding of the right to housing has been established over the years through several efforts made both within and outside the UN mechanisms towards interpreting and substantiating the legal concept of housing.

In December 1991, the UN Committe on Economic, Social and Cultural Rights adopted its General Comment No. 4 on the right to housing, sressing on its adequacy. This is the first General Comment adopted on a specific right contained in the Covenant and indicates the importance given to the right by the Committee. The Committee guides State Parties not to interpret the right to housing narrowly or restrictively as “merely having a roof over one’s head or as a commodity. Rather it should be seen as the right to live somewhere in security, peace and dignity (para. 7). It reflects both the holistic conception of the right and the value it gains from the aspect of adequacy.

Realization of Human Rights and Role of 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 - - Jyosna Dighe

Why Must Human Rights Be Protected by the Rule of Law
Human Rights have a projection of universality but as a matter of ground reality they are not the same for all people and societies. For some, especially the well-advanced west, they are predominantly matters of civil and political liberty while for others, the developing and under-developed Asian, Africa and Latin America, predominantly they are also matters of survival. Human Rights are therefore about being citizen of the earth, being part of an earth family. Human Rights in my view are exercised to their fullness through participating in earth democracy-the democracy of all life. And as earthlings, our human duties to protect the earth and all her beings are the ground from which Human Rights emerge.

"All humanity is one undivided and indivisible family, and each one of us is responsible for the misdeeds of all others. I cannot detach myself from the wickedest soul." Mahatma Gandhi - - Karishma Kumari

Commercial Surrogacy
Commercial Surrogacy has become so rampant in India that it has now been nicknamed the ‘rent-a-womb’ capital and the surrogate mom capital of the world, where high-class women ‘hire’ a womb on ‘rent’ to carry their child to full term.

This essay examines whether issues arising out of commercial surrogacy can be adequately addressed by contract law, the different and distinct questions posed by commercial surrogacy agreements, the evolution by Courts of a "best interest of the child" test, and the case for regulation of commercial surrogacy. - - Shriya Misra

Whistleblower Protection In India
A bill for protection of Whistleblowers was first initiated in 1993 by Mr. N. Vittal (the then Chief Vigilance Commissioner). In December 2001, Law Commission recommended that in order to eliminate corruption, a law to protect whistleblowers was essential and submitted its report on ‘Public Interest Disclosure Bill’ to Mr. Arun Jaitley (then Minister of Law, Justice and Public Affairs) along with the draft bill. In January 2003, the draft of Public Interest Disclosure (Protection of Informers) Bill, 2002 was circulated. - - Lipi Thapliyal

Tribal Laws in India & Tribal Conventions on Rights of Indigenous People Worldwide
India’s population includes nearly one hundred million tribal people. These numbers are matched only by the remarkable diversity of India’s tribes.- - akanksha mishra

Children In Armed Conflict: Indian Perspective
The Hague Conventions (1899-1907) consisted of laws governing war on land were better defined with respect to both civilians and soldiers.

But after the atrocities of the Second World War, the international community felt a pertinent need to protect civilians from the horrors of future wars. Thus were developed treaties that specifically protected civilians. Two treaties now exist, which explicitly provide for the protection of children in times of war.

1) The Geneva Conventions &;
2) The Convention on the Rights of the Child.

In case of armed conflict, either international or non-international, children benefit from the general protection provided for civilians not taking part in the hostilities. Non-combatant civilians are guaranteed humane treatment and covered by the legal provisions on the conduct of hostilities. Given the particular vulnerability of children, the Geneva Conventions of 1949 (hereafter GCIII and GCIV) and their Additional Protocols of 1977 (API and APII) lay down a series of rules according them special protection. Children who take direct part in hostilities do not lose that special protection. The Additional Protocols, the 1989 Convention on the rights of the child and its recent Optional Protocol, in particular, also set limits on children's participation in hostilities.

§ The Geneva Conventions provide various protections to civilians, but Geneva Convention IV (1949) is specifically designed to protect children and civilians in times of war. Additional Protocols I and II (1977) provide children with special protection and, for the first time, deal with their participation in hostilities. Most of Geneva Convention IV and Additional Protocol I apply during international armed conflicts. Common Article 3 to the Geneva Conventions and Additional Protocol II apply during non-international armed conflicts. - - Suyash Upes

Protective Discrimination
Protective discrimination is the policy of granting special privileges to the downtrodden and the underprivileged sections of society, most commonly women. These are affirmative action programs, most visible in both the United States and India, where there has been a history of racial and caste discrimination. The practice is most prominent in India, where it has been enshrined in the constitution and institutionalized - - Srabanee Ghosh

Corruption in Governance: Human Rights Dimensions
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. The Preamble of the Council of Europe Criminal Convention on Corruption.

Ignorance, forgetfulness or contempt for human Rights are the only causes of public misfortune and the corruption of Governments - The Preamble of the Declaration of Human and Citizens Rights, 1789 - - Ashish Kumar Gill

Anti-Terrorism Laws
The first law made in independent India to deal with terrorism and terrorists activities that came into force on 30th December 1967 was-The Unlawful Activities (Prevention) Act 1967.This was an act to provide for the more effective prevention of certain unlawful activities of the individual and associations and for matters connected there with. The UAPA Act is particularly vile, and will have the effect of turning India into a virtual police state. The myth of UAPA Act is that it containing a number of draconian clauses. On 14 May, 2007 a prominent doctor and human rights defender Dr Binayak Sen was arrested under this act by Chhattisgarh government. - - Rishabh Juneja

Liability for Psychiatric Injury
Initially psychiatric injury was called ‘nervous shock’ because it was treated as a response to an extremely traumatic event. But this was gradually replaced by ‘mental injury’ due to the expansion in law as to what came under its ambit to claim damages. Most mental injury though comes under the category of Post Traumatic Stress Disorder (PTSD). At the outset damages could not be claimed for psychiatric damage unaccompanied by physical damage though now claims can be filed for psychiatric injury without physical damage. Damages can also only be claimed if the mental injury gives rise to a recognized psychological disorder and not for normal grief and sorrow experienced on the demise of a person. - - Vineet Bhalla

Why Must Human Rights Be Protected By The Rule of Law
Human rights confer rights on the human being. Human Rights are inherent to all human beings, whatever our natonality, residence, language, origin, sex, color and any other status. We are all equally entitled to human rights without discrimination.

General secretary of United Nations Ban ki moon represented a view that, protection of all Human rights and implementation of effective counter terrorism measures are complementary and mutually reinforcing the objective of human rights. - - Pallavi Prithviraj Ghorpade

Domestic Violence as a Human Rights Issue
Freedom not only from violence but also from the threat of violence is the first indicator of rise in women's capacity for survival and empowerment.[1] The United Nations Declaration on the Elimination of Violence Against Women states in its Preamble that violence against women is a product of the "unequal power relations" that characterize gender relations in all parts of the world. Violence against women is a universal reality but at the same time it is invisible. The UNDP's gender development index ranks India 108 among 174 countries in terms of gender equity. It is no coincidence therefore, that countries ranking highest on this index rank India 108 among 174 countries in terms of gender equity. - - Sanmit Seth

Can Human Rights be Universal & Have Respect for Cultural Relativism?
Right give expression to how all humans participate fully in civil society. Defining the idealized norms against which a society may be measured. As expression of civic values that operate within any society, rights derives from the marriage of religious, philosophical, and legal principle that address social justice in the context of worldwide struggle to combat oppression and inequity. The do out of an underlying, deep rooted respect for human life, dignity, and diversity. - - Bhupendra Acharya

 

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The National Human Rights Commission
Section 3. Constitution of a National Human Rights Commission
(1) The Central Government shall constitute a body to be known as the National Human Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.

(2) The Commission shall consist of:
(a) a Chairperson who has been a Chief Justice of the Supreme Court;
(b) one Member who is or has been, a Judge of the Supreme Court;
(c) one Member who is, or has been, the Chief Justice of a High Court;
(d) two Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to human rights.

(3) The Chairperson of the National Commission for Minorities, [the National Commission for the Scheduled Castes, the National Commission for the Scheduled Tribes]and the National Commission for Women shall be deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of section 12.

(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and shall exercise such powers and discharge such functions of the Commission

[except judicial functions and the power to make regulations under section 40 B], as may be delegated to him by the Commission or the Chairperson as the case may be.

(5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous approval of the Central Government, establish offices at other places in India.


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Human Rights Bare Acts:
# Commission for protection of Child Right Act 2005
# The Protection of Human Rights Act, 1993
#
The Protection of Civil Rights Act, 1955

# FAQ on Human Rights act of 1993
# Scheduled Castes And Scheduled Tribes (Prevention of Atrocities) Act, 1989
#
Protection of Human Rights (Amendment) Act, 2006
Human Rights Day
Human Rights Day is marked every year by celebrating the anniversary of the Universal Declaration on 10 December

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