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| Work to strengthen human rights | | | Naina Sharma
Human Rights are those rights which are inherent in human existence and belong to all human persons irrespective of gender, race, caste, ethnicity, religion and nationality. Because of their immense significance to human beings, human rights are also sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights.
Human Rights are a generic term and embrace civil rights, civil liberties and social, economic and cultural rights. It is therefore difficult to give a precise definition of the term human rights. Chief Justice of India, J.S.Verma has rightly stated that “human dignity is the quintessence of human rights”. According to Bennett “Human rights include those areas of individual or group freedom that are immune from governmental guarantee, protections or promotions”. Human Rights assumed increase and prominent importance only after Second World War when the world witnessed horrible death and destruction.
On 10 December 1948, when the General Assembly of United Nations adopted the Universal Declaration of Human Rights, the voting on the Resolution was 48 for and none against. The following 8 States abstained - Byelorussian SSR, Czechoslovakia, Poland, Saudi Arabia, Ukrainian SSR, USSR, the Union of South Africa and Yugoslavia. The Declaration was not a legally binding instrument as such and some of its existing and generally accepted rules. However, it was the first ever international effort to codify the fundamental human rights.
The General Assembly on December 16, 1966 adopted the two Covenants: International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights. It also adopted the two Optional Protocols. With the two Covenants and two Optional Protocols, the United Nations completed the task of formulating the international standard of human rights of the individuals.
The major opportunity to discuss fundamental rights or human rights surfaced in India only during the latter part of the emergency, when a large number of leaders and workers of all opposition parties, excluding the Communists who were allies of the ruling Congress, were arrested and detained under the Preventive Detention Laws.
The Republic of India ratified and signed the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights with certain declarations in 1979.The Covenants and the Protocols embody legal, moral and political values. They are legal because they involve the implementation of rights and obligations. They are moral because they are a value-based system and preserve human dignity. They are political in the larger sense of the world.
The Human Rights Commission Bill was introduced in the Lok Sabha on May, 1992. However, in view of the urgency of the Commission, due to the pressure from foreign countries and from the domestic front, the President of India on September 28, 1993 promulgated an ordinance for the creation of a National Commission on Human Rights (NCHR) and Commission at State level. After having made certain amendments, Protection of Human Rights Bill was passed by both the Houses of the parliament to replace the Ordinance. The Bill became an Act after it received the assent of the President on 8 January, 1994 which is known as the Protection of Human Rights Act.
Section 2(d) of the Act states that human rights means the rights relating to life, liberty, equality and dignity of the individuals guaranteed by the Constitution or embodied in the International Covenants and enforceable by Courts in India.
India by becoming a part to the act and number of conventions has shown to the World Community that it has faith in the promotion and protection of human rights. Article 51 of the Indian Constitution enjoins upon the State to foster respect for international law and treaty Obligations. The Supreme Court of India has gone beyond Part lll of the fundamental rights to enlarge the scope of human rights in India by propounding the theory of emanation. The theory means that even though a right is not specifically mentioned in Part lll; it may still be regared as an integral part of a fundamental right.
The Act extends to the whole of India including the State of Jammu & Kashmir. The National Human Rights Commission was constituted. A number of State governments also constituted their own State Human Rights Commissions. They started on their sensitive task with great enthusiasm. However, their experience of working during last few years has led to a feeling of being constrained. Some of their problems have been inadequacy of funds from governments, inadequate attention to their recommendations by the states and inadequate staff for investigation work.
In keeping with the stipulations of the Act, the Commission submitted its annual reports to the government, for placement before each house of parliament in accordance with Section 20 of the Act. In certain cases reports are overdue; in other they are imminently required. It is desirable that a separate department is created for the promotion and protection of human rights.
In India the full realization of human rights is a distant dream. It cannot be easily or quickly achieved. Although recent years have seen remarkable efforts of the government to the promote human rights like many other developing countries much has to be done for the better protection of human rights. The strong will and determination, for the promotion of human dignity and worth will certainly make the human rights movements a great success.
To quote Mr. Kofi Anan, “We will not enjoy development without security, we will not enjoy security without development and we will not enjoy either without respect for human rights.” |
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