HUMAN RIGHTS AND

ITS IMPLICATION
 CHAPTER – I
Introduction
Human Rights are commonly understood as being those rights which are inherent to the
human being. The concept of human rights acknowledge that every single human beings is entitled
to enjoy his or her human rights without distinction as to race, colour, sex, language, religious,
political or other opinion, national or social origin, property, birth or other status. Human rights
are legacy guaranteed by human rights law, protecting individuals and group against action which
interfere with fundamental freedoms and human diginity. They are expressed in treaties, customary
international law, bodies of principles and other sources of law. Human right law places on
obligation on states to act in a particular way and prohibits states from engaging in specified
activities. However, the law does not establish human rights. Human rights are inherent
entitlements which come to every person as a consequence of being human. Treaties and other
sources of law generally serve to protect formally the rights of individual and groups against action
or abandonment of actions by Governments which interfere with the enjoyment of the human
rights.

The following are some of the most important characteristics of human rights.

 Human rights are founded on respect for the dignity and worth of each person.
 Human rights are universal, meaning that they are applied equally and without
discrimination to all people.
 Human rights are indienable in that no can have his or her human rights taken away other
than in specific situation – for example, the right to liberty can be restricted if a person is
found guilty of a crime by a court of law.
 Human rights are individual interrelated and inter dependent for the reason that it is
insufficient to respect some human rights and not others. In partices, the violation of one
rights will often affect the respect of several other rights. All human rights should therefore
be seen as having equal importance and of being equally essential to respect for the dignity
and worth of every person.
Universal Declaration of Human Rights

The first list of human rights recognized by the united nations appears in the universal
declaration of Human Rights.

For the achievement of the objective of human rights, the UN general assembly adopted the
universal declaration of Human Rights on 10th December 1948. The general assembly described
the declaration as “a common standard of achievement for all the people and all nation”. It called
upon the member states and all people to promote and secure the recognition and observance of the
rights and freedom set forth in the declaration.

The Universal declaration of Human Rights has been reaffirmed in the Vienna declaration
and programme of action, adopted after the world conference on human rights in 1993 and still
remains the basic documents to express universal human rights values. Its importance is shown by
the fact that all international human rights treaties refer to the declaration in their preambles.

As a resolution of the UN general assembly, the declaration was not adopted as a legally
binding instrument. Today its binding force is not questionable any more this argument stands on
at least three legs. First it is arguable that the content of the declaration can be qualified as an
atheistic interpretation of Human Rights provisions of the UN Character, most of which are today
recognized as peremptory international norms or juscogens, which mean provisional legally
binding under all circumstances. While it may be questioned in the whole corpus of the
declaration, the second possible argument is aimed on that the declarations norms have turned to
customary international law by today. While most of the rights embodied in the declaration may
satisfy the test of customary international law, that means the presence of a state practice, backed
by appropriate opinion juris, such as the prohibition of torture, some questions can be asked in
relation to all of those. For ex- The rights to enjoy asylum, embodied in Article 14 has nto been
echoed by later conventions, only the right to seek it. A third possible argument is that contents of
the declaration can be considered as reflecting internationally accepted principles of law, as they
are enshrined by the constitutions and domestic legal provisions of may states.

The structure of the declaration was compare to the portico of a greek temple by Rene
cassin, who has had the leading role it its drafting; the steps leading to the entrance, four columns
with foundation, and a pediment on the top had all had their role in this vision. The seven
paragraph of the preamble, which set out the reasons of the declaration, represent the steps that
take to the entrance, which is behind the four columns with foundation and a pediment on the top
had all had their role in his vision. The seven paragraphs of the preamble, which paragraphs of the
preamble, which set out the reasons is beind the four columns – meaning the main body of the
declaration. Articles 1 and 2 of the declaration provide for the principels of dignity, liberty,
equality and brotherhood, more exactly, prohibition of discrimination. These represent the
foundation blocks of the columns, without which the structure cannot stand. Human rights
embodied in article 3-11 form the first column, constituting basic rights of the individual such as
the right to life, or the prohibition of slavery and other human rights. The second column is built
up by human rights embodied in articles 12-17, constituting rights of the individual related to the
public power. The third column is represented by human rights in articles 18-21, which gurantee
political freedoms, such as freedom of thought, conscience, religion or association, Article 22-27
make the fourth column, which provide for economic, social and culture rights. The last three
articles of the Declaration is envisaged by rene cassin as the pediment which binds the structure
together: those deal with the duty of the individual towards the society and the obligation of states
vis-à-vis. It also emphasizes the prohibition of use of rights contravention of the purpose of the
UN.

The UN’s human rights protection activities, which have got off to a seemingly successful
start with the relatively early adoption of the universal declaration of human rights, have soon had
the face difficulties because of the emergence of the coldwar, seemless operation of the UN’s
institutions have became victim of this conflict. As a result, no new legal standards have been
adopted in the UN until 1965, with the adoption of the international convention on the elimination
of all forms of Racial, Discrimination and the two covenants of 1966, thus initiating a new period
of time in the history of international human rights law.

Origin and Development of Human Rights In India

The Buddhist doctroine of non-violence in deed and thought says Nagendra Singh, it is a
humanitarian doctrine, par excellence, dating back to the third century B.C. Jainism too contained
similar doctrines. It also says that divinity in humans is represented by the virtures of non-violence
truth, freedom from anger, renunciation, a version to fault finding. Compassion to living beings,
freedom from covetousness, gentleness, modesty and steadiness- the qualities that a good human
beings ought to have. The historical account of ancient Bharat proves beyond doubt that human
rights were as much manifest in the ancient Hindu and Islamic civilizations as in the European
Christian Civilization.

Ancient Hindu Law of Human Rights

 Scholars who have spent long time in lucubration on the Hindu “Dharmasastras” and the
‘Arthasastra” and other legal treaties of the past have discovered an amazing system, which
interalia, regulates the duties of Kings, Judges, Subjects and judicial as well as legal procedures.
The central concept is Dharam, the functional focus of which is social order. Human rights gain
meaning only when there is an independent judiciary to enforce rights.

The independence of the judiciary was one of the outstanding features of the Hindu Judicial
system during the days of Hindu monarchy, the administration of justice always remained separate
from the executive. It was as a rule, independent both inform and spirit.

Prince and a private citizen submitted their cases before the law court and the court decided
against the prince. The prince accepted the decision as a matter of course and as binding to him.
The evaluation of the principle of separation of the judiciary from the executive was largely the
result of the Hindu conception of law as binding on the sovereign, law were regarded as above all
human authority.

Human Rights in the Islamic Era:

The downfall of the Rajput administration gave rise to the advent of Muslim rule in India.
It was under Muizz-ud-din that the first Muslim Empire was founded in India. The Muslim
invasion of India created a new situation where in the Muslim rules or sultan followed a policy of
discrimination against the Hindus. So the significance of Muslim rule in India was
counterproductive to harmony, justice and equality.

The muslim conquerors like Mahmud Ghaznavi and other made frontal attracts on ancient
Hindu way of life and religion with the Mogal rules, especially with Akbar a new era began in the
Mughal History of Indian in the field of Human Rights as a result of his policy of the “Universal
Reconciliation and Tolerance”. The European travelers who visited Ashok’s Empire highly
appreciated his zealous regard for rights and justice. The trend initiated by Akbar come to be
reversed by Aurangzeb, through the Maratha’s and the Sheikh’s opposed and fought the fanaticism
of Aurangzeb.

Human Rights in British India:

The Modern vision of human rights jurisprudence may be said to have taken birth in India
at the time of the British rule. When the British ruled india, resistance to foreign rule manifested
itself in the form of demand for fundamental freedoms and the civil and political rights of the
people Indians were humiliated and discriminated against by the Britishers. The freedom
movement and the harsh repressive measures of the British rulers encouraged the fight for civil
liberties and fundamental freedoms.

Mahatma Gandhi organized the people of india under his leadership and launched his non-
violent struggle to achieve self government and fundamental rights for themselves. Lokamanya
Tilak advocate that “Freedom was the brith right of Indians for which they will have to fight” It
was because of the stiff opposition from the people of India that the charter Act of 1813 was
enacted to promote the interest and happiness of the native is habbitance of India. The Government
of India Act, 1915, in pursuance of the demands for fundamental rights, guaranteed equality of
opportunity in public service.

Motilal Nehru Committee:

In 1925 the Indian National Congress finalized the draft common wealth of India B11
adopting a “Declaration of Rights”. The Madras session of the congress held in the year 1927-
demanded incorporation of a “Declaration of fundamental rights” in any future constitutional
frame work. A committee under Motilal Nehru was appointed by the National Congress to study
the fundamental rights. Incorporated ten of the Ninteen rights enumerated in the Motilal Nehru
Committee reports, 1928. The rights emphasized by the Motilal Nehru Committee report were:

a. Personal liberty, inviolability of dwelling place and property.

b. Freedom of conscience and profession and practice of religion.
c. Expression of opinion and the right to assemble without arms and to form associations.
d. Free elementary education
e. Equality for all before the law and rights.
f. Rights to the writ of harbase corpus.
g. Protection from punishement under ex- post facto laws.
h. Non-discrimination against any person on ground of religion.
i. Equality of right in the matter of access to and used public roads, wells etc.
j. Freedom of combination and association for the maintenance and implementation of labour
and economic factors.
k. Rights to keep and bear arms.
l. Equality of rights to man and woman.

Constituent Assembly & Human Rights:-

The Indian Constituent was framed by the constituent Assembly of India, which met for
the first time on December 9, 1946. The constitution of India gave primary importance to human
rights. To quote Guha, “The demand for a declaration of fundamental rights arise from four
factors:-

1. Lack of civil liberty in India during the British rule.

2. Deplorable social conditions, particularly affecting the untouchables and women.
3. Existence of different religion, linguistic and ethnic groups encouraged exploited by the
Britishers.
4. Explotation of the tenants by the landlords.

Human Rights and the Indian Constitution:-

The Constitution of Republic of India which came into force on 26th Jan 1950 with 395
Articles and 8 schedules is one of the most elaborate fundamental laws ever adopted. The
preamble to the constitution declares India to be a sovereign, socialist, secular and Democratic
Republic. The term democratic denotes that the Government gets etc. authority from the will of the
people.
 CHAPTER – II

UNIVERSAL DECLARATION OF HUMAN RIGHTS UNITED NATION

Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December

1948. On December 10,1948 the General Assembly of the United Nations adopted and proclaimed
the universal Declaration of Human Rights the free text of which appears in the following pages.
Following this historic act the Assembly called upon all member countries to publicize the text of
the Declaration and “to cause it to be disseminated, displayed, read and expounded principally in
schools and other educational institutions, without distinction based on the political status of
countries or territories.

Preamble

Where as recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world.

Where as disregard and contempt for human rights have resulted in barbarous acts which
have outraged the conscience of mankind and the advent of a world in which human beings shall
enjoy freedom of speech and belief and freedom from fear and what has been proclaimed as the
highest aspiration of the common people.

Whereas it essential, if man is not to be compelled to have recourse as a last resort, to

rebellion against tyranny and oppression, that human rights should be protected by the rule of law.

Whereas it is essential to promote the development of friendly reactions between nations.

Whereas the peoples of the united national have in the charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal rights of
men and women and have determined to promote social progress and better standards of life in
larger freedom.

Whereas member states have pledged themselves to achieve in co-operation with the
United Nations, the promotion of universal respect for and observed of human rights and
fundamental freedoms.

Whereas a common understanding of these rights and freedom is of the great importance
for the full realization of this pledge.
 Now, Therefore THE GENERAL ASSEMBLY proclaims. This universal declaration of
human right as a common standard of achievement for all peoples and all nations to the that every
individual and every organ of society. Keeping this declaration constantly in mind shall strive by
teaching and e4ducation to promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and effective recognintion and
observance both among the peoples of member states themselves and among the peoples of
territories under their jurisdiction.

UN Declaration of Human Right gives recognition to the following rights of all

humans.

The UDHR contains a comprehensive account of Human Rights of all the people of the
world.

1. Article (Faith in Human Freedom, Equality, Dignity Rights):-

Art-1 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.
2. Article (Human Rights without any distinction):-
Everyone is entitled to all the rights and freedoms set forth in this declaration, without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social orgin, property, birth or other status. Furthermore no distinction
shall be made on the basis of the political jurisdictional or international status of the
country territory to which a person belongs. Whether it be independent, trust, non-self
governing or under any other limitation of sovereignty.

Article – 3 (Right to Life)

Everyone has the right ot life, liberty an security of person.

Article- 4 (Freedom from slavery and servitude)

No one shall be held in slavery or servitude and the slave trade shall be prohibited in al their forms.

Article -5 (Right against torture and in human and degrading treatments):-

No one can be subjected to cruely, torture and in human treatment and punishment.

Article-6 (Right of Recognition as a human person):-

 Every one enjoys every where the right to recognition as a person before law.

Article -7 (Equality before law):-

All are equal before the law are entitled without any discrimination to equal protection of
the law. All are entitled to equal protection against any discrimination in violation of this
declaration and against any incitement to such discrimination.

Article-8 (Right to Seek Protection):

In case of any actual or threatened violations of rights, a person has the right to seek redress
from competent courts of law.

Article -9

No one shall be subjected to arbitrary arrest, deternation or exile.

Article-10 (Right to get justice from an Independent Judiciary)

Everyone has the right to secure an effective remedy in a national court against violations
of his human rights.

Article – 11 (Right to get fair Trial):-

1. Everyone changed with a penal offence on account has the right to be presumed innocent
until proved guilty according to law in a public trail at which he has had all the guarantees
necessary for his defence.
2. No one shall be held guilty of any penal offence on account of any act or mission which did
not constitute a penal offence, under national or international law, at the time when it was
committed. Nor shall a heavier penalty be imposed than the one that was applicable at the
time the penal offence as committed.

Article – 12 (Right to privacy of family, home and Correspondence):-

No one shall be subjected to arbitrary interference with his privacy, family, home or
correspondence nor to attacks upon his honour and reputation. Everyone has the right to the
protection of the law against such interference or attacks.
Article – 13 (Right to freedom to movement and residence within the borders of
each state):-

Each one has the right to leave any country, including his own and to return to his country.

Article – 14 (Right to Asylum):-

Every person has the right to seek and enjoy in other countries asylum from persecution.
However, this right is not available to purpose and principle of the United Nation.

Article – 15 (Right to Nationality Citizenship):-

1. Everyone has the right to nationality.

2. No one shall be arbitrarily deprived of his nationality nor deined the right to change his
nationality.

Article-16 (Right to marriage and family lifes and Dissolution of Marriage):-

Marriage can be made only with the free and full consent of the intending spouses. Family being
the natural and primary group unit of society, it is entitled to protection by society and the state.

Article- 17 (Right to Property):-

1. Everyone has the right to own property alone as well as in association with others.
2. No one shall be arbitrarily deprived of his property.

Article -18 (Right to freedom of thought conscience and religion):-

Every one can follow any faith or religion and keep his conscience and ideas. Further the
right to religion also inclusdeds the right to changed his religion.

Article – 19 (Right to freedom of speech and expression):-

Everyone has the right to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart information and ideas through
any media and regardless of frontiers.
Article- 20 (Right to freedom of peaceful assembly and association):-

1. Everyone has the right to freedom of peaceful assembly and association.

2. No one maybe compelled to belong to an association.

Article-21 (Right to social security and cultural freedom):-

1. Everyone has the right to take part in the government of his country, directly or through
fully choosen representations.
2. Everyone has the right of equal access to public service in his country.
3. The will of the people shall be the basis of the authority of government; this will shall be
expressed in periodic and genuine elections which shall be by universal and equal suffrage
and shall be held by secret vote or by equivalent free voting procedures.

Article-22 (Right to work, free choice of employment, protection against

unemployment and just and favourable conditions of work):-

Each one enjoys the right to equal pay for equal work, right to just and favourable
remuneration for every person and his family and the right to form trade unions/workers or
employees associations.

Article-23 (Right to Rest and Leisure, reasonable working hours and periodic
holidays):-

1. Every one has the right to work, to free choice of employment, to just and favoruable
conditions of work and to protection against unemployment.
2. Everyone without any discrimination has the right to equal pay for equal work.
3. Everyone who works has the right to just and favorable remuneration ensuring for himself
by to her means of social protection.
4. Every one has the right to form and to join trade unions for the protection of his interests.

Article – 24 (Right to a percent standard of living for a person and his

family):-

Everyone has the right to rest and leisure, including reasonable limitation of working hours
and periodic holidays with pay.

Article-25 (Right to education):-

 Elementary education should be free and compulsory for every child. Adequate
opportunities for technical and professional education as well as for higher education are to be
equally accessible to all on the basis of merit.

Article- 26 (Right to Participation in the Cultural life of the community):

1. Everyone has the right freely to participate in the cultural life of the community to enjoy
the arts and to share in scientific advancements and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from
any scientific, literary or artistic production of which he is the author.

Article -27:

1. Everyone has the right to a standard of living adequate for the health and well being of
himself and of his family, including food, clothing, housing and medical care and
necessary social services, and the right to security in the event of un employment,
sickness, disability, widowhood, old age or other lack of live hood in circumstances.

Article- 28: (A free and fair world)

Everyone is entitled to a social and international order in which the rights and freedoms set
forth in this declaration can be fully realized.

Article-29

1. Everyone has duties to the community in which alone the free and full development of his
personality is possible.
2. In the exercise of his rights and freedoms, everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing due recognition and
respect for the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.

Article – 30:

Nothing in this declaration may be interpreted as implying for any state, group or person
any right to engage in any activity or to perform any act aimed at the destruction of any of the
rights and freedoms set forth herein.
 CHAPTER – III

UN MAIN BODIES AND HUMAN RIGHTS

If we consider the protection of human rights as a goal and a duty of international law and
the UN, it is important to examine the competence of various UN bodies and institutions. Our
present system of international law is organized around and built on the concept of state
sovereignty, so this factor is still an in evitable factor. It also plays a crucial role in relation as the
“Achiees heel” of international human rights protection system, as states have plenty of
possibilities to oppose any possible international action.

Regardless of the fact that international human rights law has developed to a certain level,
where states can no longer argue human rights being solely a domestic matter, there are still some
serious matter, there are still some serious limits to the ability and the capacity of the international
community to react to violations or abuses of human rights by states. Enforcement mechanism
seem to lag behind the development of legal norms which they should stand for.

As a result, enforcement mechanism in the UN generally speaking are quite weak, the UN
security council being the only body able to apply political legal sanctions going beyond mere
condemnation by the international community.

Human rights institutions within the UN may be catalogued either as “Charter bodies” or as
“Treaty bodies” depending on their origin. Charter bodies are created either by the UN charter or
by bodies which exist on the charter itself. On other hand, treaty bodies are the results of UN
human rights treaties, which usually always set up these institutions.

Here we analyse the main UN bodies role in protection of human rights, some of them will
be examined in details in a later chapter.

UN General Assembly:

The first charter body worth mentioning is the UN General Assembly (UNGA). It is the
principle organ of the United Nations comparising all members states of the organization
(Currently 193 member states) with one vote allocated to each of them. While is authority and
competences are at best vague in international matters and politics.

Article 13 of the UN charter gives the assembly the task of initiating studies and making
recommendations to help realization of human rights and fundamental freedom.
 The General Assembly can also make recommendations for action via resolutions or
declaration, which both are legally non-binding documents, but still may have a significant effect.

Economic and Social Council

The economic and social council (ECOSOC) is responsible. For the UN’s wide range of
activities related to economic and social issues. It consists of 54 member states, with equal voting
status, like in the General Assembly member state are elected by the UNGA for three years terms.

Similarly to the General Assembly, the ECOSOC has a wide mandate related to protection
of human rights. Article 62 of the UN charter vests some important tasks to tit, in general to “Make
or initiate studies and reports with respect to international, economic, cultural, educational, health
and related matters”.

The ECOSCO has plenty of subsidiary bodies, mostly commissions, many of which are
responsible for various fields of human rights. The commissions for social development, the
commission on the status of women, the commission on Narcotic drugs and the commission on
crime prevention and criminal justice are just a few worth mentioning.

UN Security Council

While not a human rights organ perse, the UN Security Council (UNSC) also has
significant importance related to protection of human rights.

The UNSC has 15 members, each members states have one vote. Out of the fifteen, five are
so-called “Permanent members” with veto power, which means that a decision cannot be made in
the UNSC without their consent or against their weill. The other ten so-called “non- permanent
members” are elected by the General Assembly for a two years term with a tow- third majority.
Permanent members are china, france, Russian federation the United Kingdom and the United
States. Currently the ten non-permanent members are (with end of term date):-

1. Argentina (2014)
2. Australia (2014)
3. Chad (2015)
4. Chile (2015)
5. Jordan (2015)
6. Lithuania (2015)
7. Luxembourg (2014)
8. Nigeria (2015)
9. Republic of Korea (2014)
10. Rwanda (2014)

As the present membership system of the Security Council is under serious criticism, the
reform of the body, including its membership is under consideration, as part of the UN reform.

The Institutional Centre of Human Rights Protection of the UN

Based on Article 68 of the UN Charter, the ECOSOC has delegated its human rights function to the
commission on Human Rights in 1946. It has became the leading political institution of the UN’s
human rights activites. For example it has drafted most of the UN human rights documents ad of the
treaties. It was replaced by the human rights council in 2006, which is now the main charter body
responsible for human rights – related activities of the UN.

UN Commission on Human Rights (1946-2006)

The Commission on Human Rights had 53 states as members (in its form), elected by the
ECOSOC for three years terms, which was renewable. Members were acting in their capacity
as representatives of the governments of UN member states gaining a seat in the commission.

Over its 60 years of existence, the commission has made significant contribution to the
establishment of the UN’s constantly developing international human rights legal framework.
It had a very important role as being the most accessible UN body for non-government
organizations: NGOs were present at its session, and the commission has proven a standing
opportunity to provide NGO input on human rights issues.

The commission has not had any role in enforcement at the beginning and was not entitled
to take any action until 1967. Then the so-called “1235 Procedure” was adopted (named after
ECOSOC resolution 1235 (XLII) OF 6 June 1967), which has provided for public debate
focusing on violations in particular states.

The So-called “1503 Procedure” was another technique developed by the commission to
deal with alleged human rights violations (named after ECOSOC resolution 1503 (XLVIII) of
27 may 1970). This provided for a complaint procedure to be applied in the case of a
“Consistent Pattern of gross and reliably attested violations of human rights and fundamental
freedoms”. In a situation like this, the commission could work with the affected state in
relation to the complaint on a confidential base.
 Despite its initial success and important role in advancement of protection of human rights,
the commission has become more and more unable to properly fulfill its functions which has
became increasingly visible during the years after 2000.

UN Human Rights Council (2006)

The Human Rights council has started its operation on 15 March 2006. The creation of the
council was to replace the commission as the key political UN human rights body (via GA
Resolution 60/251). It has the general mandate to address human rights issues, in more details,
it is responsible for promoting the protection of human rights, for fostering international
cooperation on human rights, for providing capacity building assistance to states to help them
to meet their human rights obligations, and for responding to violations of human rights.

Special Procdedure, Complaints mechanism, significant access of NGOs have act been kept
to the new institutions. A new mechanism was introduced, the so-called universal periodic
review (presented in a later chapter). The practice of thematic procedures has been continued
under the council, currently they include working groups on enforced or involuntary
disappearances, the right to food and the situation of human rights and freedoms of indigenous
persons.

The size of the council has been reduced to 47 members from the 53 of the commission.
Members may serve maximum two consecutive three years term. Membership can be
suspended by a two thirds majority of the UN general assembly, in the case of committing
systematic and gross violations of human rights. This happened so far only once, in 2011, with
Libya.

Seats of membership are allocated based on the equitable geographical distribution of

member states via the regional groups formed in the frame work of the UN. The distribution on
seats is the

13 African states
13 Asian States
6 Eastern European States
8 Latin American and Caribbean states
7 Western European and other states

The Human rights council has gained a higher status in the UN as it is a subsidiary organ to the
General Assembly which the commission had only been a Sub-Commission of the ECOSOC.
Universal Periodic Review

One of the main tasks of the Human Rights Council is to run the Universal Periodic
Review Mechanisms of the UN. By means of UPR, the United Nations is capable to monitor and
review regularly the situation of Human Rights in each UN- members by forming a Troika
composed of three UNHRC-members. There are so called UPR- cycles within which the UN
members shall prove in every four and a half years their commitment to the human rights
obligations and standards and explain their improvement in this field. UNHRC is authorized to
gather information about states from different kind of sources.

The most spectacular part of the UPR review process is when the state that is under UPR
review ought to defend its stand point in public at a regular session of the UNHRC. During this
open public session, the member states and NGOs can ask questions about the situation of human
rights in a particular state and also make recommendation to the state under review.

UN High Commissioner for Human Rights

The Post of a high commissioner responsible for human rights has been created by the UN General
Assembly in 1993. The High Commisioner for Human Rights is the principal human rights official
of the United Nations, the position itself, is at the level of Under-Secretary- General, with the
general aim of coordination of the UN’s human rights activities. This is very important position,
not only because of direct connection to states and the ability to influence their humn rights
practice but because of serving of a “face” to UN’s human rights activities.

The Present high commissioner is Navi Pillay from South Africa, she was approved by the
General Assembly on 28 July 2008. Her mandate has been renewed for two years beginning on 1 st
September 2012. From September 2014 She will most probably be followed by zeid Ra’ad zied at-
Hussein from Jordan, who was named as the successor by the UN Secretary General during late
spring of 2014.

The Office of the High Commissioner for Human Rights (OHCHR) employees more than
thousand staff in Geneva.

International Covenants on Human Rights

To give legal and binding force to the rights proclaimed in the Declaraiton of Human
Rights, the General Assembly adopted two convenants on Human Right on the 16 December,
1966. These two convenants were international covenants on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political Rights.
 While the first Convenant dealt with economic, Social and Cultural Rights, the Second
dealt with Civil and Political Rights. There Convenants also incorporation the rights people to self
determination as well as right to dispose freely the natural wealth and resources. The International
convenant of Economic, Social and Cultural Rights actually come into force on 3 January 1976.

The International Convenant of Civil and Political Rights and the First Optional Protocol to
that Covenant but come into force on 23 March 1976. This Convenant dealt with rights like
freedom of movement, equality before the law, the right to a fair trial and presumption of
Innocence, Freedom of thought, Conscience and religion, freedom of Opinion and expression,
Peaceful assembly, freedom and association, Participation in Public affairs and elections and
protection of minority rights.

Specialized Human Rights Treaties:

In addition to the above two covenants several specialized human rights treaties have been
concluded by the states dealing with particular kinds of human rights violations such as torture and
racial discrimination, or dealing with vulnerable groups like children migrant workers. The
implementation of these treaties is entrusted to committees of experts. In the light these reports the
committee makes recommendations to assit the state in fulfilling its legal obligations.

Human Rights Bodies

Several Human Rights bodies have also been setup to protect and promote human rights. In
1946 the Economic and Social Council (ECOSOC) setup commission on rights which was
responsible for the submission of proposals, recommendations and investigative reports on human
rights issues to the General Assembly through ECOSOC. The commission meets for six weeks
each year at Geneva.

In addition to the commission on human rights the ECOSOC also setup a sub-commission
on the prevention of Discrimination and protection of minorities in 1946. The sub-commission
conducts investigations on issues dealing with prevention of discrimination and protection of
ethnic, religious, racial, and linguistic minorities and makes necessary recommendations.

High Commission for Human Rights:

 In December 1993 the General Assembly created the office of UN High Commissioner for
Human Rights which works under the directions and authority of the UN Secretary General. The
High Commissioner is responsible for promoting and protecting the enjoyment by all of all Civil,
Cultural, Political and social rights; providing through the centre or Human Rights and other
institutions, advisory services and technical and financial assistance in the field on human rights.

United Nations Human Rights Council

The Council a Successor to the United Nations Commission on Human Rights (ICHR) was
created through a resolution of the UN General Assembly adopted on 15 March 2006. The council
is an international body within the UN System. It proposes to address human rights violations.

The 47 seat Human Rights council replaces the 53 member commission on Human Rights.
The Council differs form the commission in so far as it is a subsidiary body of the Assembly, while
the commission on council shall be picked up form the various regions as under. Africa 13; Eastern
Europe 6; Latin America and Caribbean 8; and Western Europe and other Group 7.

The membership of each nation of the council is to be approved by the general Assembly
through secret ballot by majority of the members 96 of 191 members.

The elections for the membership of council were held on 9 may 2006. Following members
were elected from different regions.

African
Asian
East European
Latin American

Western European and Other Regions:

Canada, Finland, France, Germany, Netherlands, Switzerland and United Kingdom

It is noteworthy that USA did not seek seat of the council even through it pledged to
financially support the council. The term of office of council began on 19 June 2006.

A view has been expressed that if the UN Human Rights Council is able to serve as a
forum which can balance the rights between various groups, it would be a big step forward.

Centre for Human Rights:

 The Centre assists the United Nations in the promotion and protection of Human Rights. It
carries out research and disseminates information on human rights. The centre for Human Rights is
located at Geneva and Comprise of Assistant Secretary General for Human Rights and Five
branches, These five branches are the communication branch which processes concerning alleged
human rights violations.

Check on Human Rights Violations

The UN strives to combat Human Rights violations through consideration of complaints

form individuals as well as organizations. It holds open discussions on the violations of human
rights taking place in different parts of the world and appoints fact finding groups or experts to
examine the situations.

The commission also considers human rights in the global context and investigates
“thematic” human rights issues. Thus it has examined human rights issues like religious
intolerance, “Freedom of expression; violence against women; child prostitution; child
pornography.

Complaints Against Specialized Treaties:

The UN also entertains complaints against violations of rights covered under specialized
treaties like the convention on the Elimination on All form of Racial Discrimination; the
convention against torture and the Convention on the Rights of migrant workers. In fact all these
treaties contain a provision which authorizes the UN to receive complaints form their citizens.

Special Groups on Summary Executions and Disappearance:

The Commission on Human Rights has established special groups to investigate summary or
arbitrary execution and disappearance. In 1982 the commission on Human Rights appointed a
special reporter to Investigate Summary of arbitrary executions carried out by the order of a
government or with its complicity in violation of international human rights norms. The special
reporter sent special messages to the concerned government asking it to comply with the
international standards. This group receives complaints from individuals, their families or their
representatives about missing persons.
Prevention of Arbitary Detention
In 1991 the commission on Human Rights set up a working group on Arbitary Detention to
investigate case of arbitrary detention. The group receives information from various sources viz,
governments inter governmental organizations, NGOs, concerned individuals, their families or
their representatives. This information is transmitted to the concerned government which has to
send necessary reply within nine months.

Fight Against Torture:

The UN has also feet concerned about growing use of torture and in human methods. In
1975 the general assembly adopted declaration on the protection of all persons from being
subjected to torture and other cruel. In human or degrading treatment or punishment. The
declaration considers all these acts as an offense to human dignity and a violation of human rights
and fundamental freedoms. In 1984 the General Assembly adoptd the convention against torture
and other cruel in human and degrading treatment or punishment. The convention established a 10
member committee against torture which receives complaints and reports to the concerned states as
well as the General Assembly.

Elimination of Racial Discrimination

In 1963 the UN General Assembly adopted a declaration on the Elimination of all forms of
Racial Discrimination. The declaration affirms fundamental equality of all person and opposed
discrimination between human beings on the ground of race, colour or ethnic origin. This was
followed by the International convention on the Elimination of all forms of Racial Discrimination
which came into force in January 1969. An 18 member committee was set up to ensure the
implementation of the conventions.

Promotion of Women Rights:

The UN clearly acknowledge the equal rights of men and women. This Principle was
further elaborated by the universal declaration of Human Rights which asserted that all human
beings are born free and equal in dignity and rights and that everyone is entitled to all the rights
and freedoms without distinction of any kind, including distriction based on sex. In 1946 the
Economic and social council setup a commission on the status fo women to examine women’s
progress towards equality throughout the world and to make recommendation for the promotion of
women’s rights in political, economic, social and education fields, and to address problems
requiring immediate attention in the field of women’s rights.

Equal Rights for Women:

UN has taken several steps to ensure equal rights for women in various spehere. In 1952
the General Assembly adopted the convention on the political Rights of women whereby the states
parties undertook legal obligations involving the principle of equal rights between men and
women. The same year the General Assembly adopted convention on the Nationality of married
women to secure equal rights for them. In 1979 the convention on the Elimination of all forms of
Discrimination against women was Adopted.

Right to Child:

The UN has also sought to protect the interest of the children. In 1959 the Genera
Assembly adopted declaration of the Rights of the child, which affirmed the rights of children to
special protection, opportunities and facilities for healthy normal development. This was followed
by the convention on the Rights of the Child which was adopted by the General Assembly in 1989.

Protection of Minorities:

The 1992 the General Assembly adopted declaration on the Rights of Personal belonging to
National or Ethnic, Religious and Liguistic minorities, which assures ot the minorities the right to
enjoy their own culture; the profess and practice their own religion; to use their own language; to
establish and maintain contacts with other members of their groups and to leave any country,
including their own had to return to their country.

Protection of Indigenous people:

In 1990, the General Assembly proclaimed 1993 as the International year of the World’s
Indigenous people to strengthen international – cooperation for the solution of problems faced by
indigenous communities. The General Assembly proclaimed 1994-2004 as International decade of
the world’s Indigenous people to solve the problems faced by the indigenous communities in the
areas of human rights, the environment, development, education and health.

Protection of Migrant Workers:

 In 1990 the General Assembly adopted the Convention on the protection of the Rights of
all migrant workers and members of their families, which set standards for laws and judicial and
administrative procedures of staes. The main purpose was to ensure that the migrants workers may
be able to get justice.

Fight Against Apartheld:

From the very beginning UN has felt gravely concerned about the policy of apartheld
followed by South Africa. This policy based on segregation and discrimination was clearly a
violation of the human rights because the coloured people were not permitted to participate in the
political life and were subjected to repressive laws and regulations. In 1952 the General Assembly
included the wider issue of racial conflict, arising from the policy of apartheld, in its agenda. In
1962 the General Assembly established the united nations special committee against Apart held to
keep a watch on the racial policies of South Africa.

In 1976 the General Assembly approved a programme of Action against apart held for
implementation by the government inter governmental organizations, trade unions, churches, anti-
apartheld and solidarity movements and other NGOs.

In 1992 the Security Council passed two resolutions emphasizing the need for involving the
international community for facilitating the transition. In September 1992 the Security Council
deployed a United Nations observer mission in South Africa (UNOMSA) to strengthen the
structure of the National peace accord and to end the violence.

In December 1993 the security council approved the appointement of a new secretary
General’s Special Representative for South Africa, who was to assess the needs of the United
Nations in Carrying out its mandate of assisting in the electoral process.
 CHAPTER – IV

PROTECTION OF HUMAN RIGHTS

In 2013, the United Nations remained engaged in protecting human rights through its main
organs the General Assembly, the Security council and the Economic and Social Council and the
Human Rights Council, which carried out its task as the Central UN intergovernmental body
responsible for promoting and protecting human rights and fundamental freedom worldwide.

The Special procedures mandate holders- Special reports, independent experts, working
groups and representatives of secretary-General- monitored, examined, advised and publicity
reported on human rights situations in Specific countries or on major human rights violation
worldwide. At the end of 2013, there were 51 Special procedures (37 thematic mandates and 14
country or territory- related man-dates) with 73 mandate holders.

In 2013, Special procedures submitted 168 reports to the Human Rights Council, including
69 on country visits, and 36 reprots to the General Assembly. They sent 528 communication to 117
states; 84 percent of those communications were sent jointly by more than one mandate.
Communication covered at least 1520 individuals, 18 percent of whom were women Governments
replied to 45 percent communications, and 23 percent of communications were followed by
mandate holders.

Special procedures conducted 79 country visits to 66 states. The number of countries that
had extended a standing invitation to special procedures to 108 as at 31 December.

The Council in 2013 established one thematic mandate; the Independent expert on the
enjoyment of all human rights by older persons.

Economic, social and cultural rights continued to be a major focus of activity. The General
Assembly highlighted the right ot development, and special reporteurs, advocated for the rights to
food, safe water and sanitation, health adequate housing, education and life free from poverty.

Special Procedures
Report of High Commissioners:

In her annual report to the Human Rights Council, the United Nations High commissioner
for Human Rights from January to November, Special procedures mandate holders conducted 75
country visits and issued 497 communication to 115 states. Some 94 states issued standing
invitations for special procedures to visits. In all there were 51 special procedures mandates (37
thematic and 14 country related)

Report of Secretary General:

In response to a Human Rights council decision the secretary –General in December

submitted a report indicating that the special procedure conclusions and recommendations
contained in their 2013 reports to the councils twenty second, twenty third, twenty fourth, session
were available on the website of the office of the United Nations High Commissioner for Human
Rights.

Reports of Special Procedures:

In accordance with the decisions made by special procedures mandate holders at their
sixteenth and seventeenth annual meetings, mandate holders issued joint communications reports
on 20 February, 22 may and 22 August containing summaries of communications and statistical
information. The reports covered all urgent appeals, letters of allegations and other letters sent by
mandate holders from 1 June 2012 to 31 May 2013 and replies received between 1 August 2012 to
31 July 2013, including replies relating to communications sent prior to 1 June 2012.

Civil and Political Rights

Racism and Racial discrimination follow – up to 2001 World Conference

During the year, efforts continued to implement to Durban declaration and programme of
Action (DDPA) adopted by the 2001 world conference against Racism, Racial, Discrimination,
Xenophobia and Re-lated intolerance.

Intergovernmental Working Group

 The Intergovernmental working group on the effective implementation of the DDPA,
established in 2002, held its eleventh session, which included special event on racism and football
and thematic discussion on women and racism.

Working Group on People of African descent

An its twelfth session (Geneva – 22-26 April) the working of experts on people of African
Descent ) established in 2002, focusd on the theme of “Recognition through Education, Cultural,
Rights and Data collection.” It urged the General Assembly to lunch the International Decade for
people of African Descent in 2012 and to consider the draft programme of Action for the decade it
had elaborated. In decade people of African Descent, 2015-2024 (Sec P. 625)

Mission Reports

Following its mission to Panama (14-18 January) the working Group concluded that,
despite claims that the country was a racial “meeting pot”, persistent patterns of racism and racial
discrimination against people of Africa descent prevailed.

Panama in September submitted its comments on that reports.

A visit to Brazil (4-14 December) the working Group noted positive developments and
implementation gap that needed to be addressed.

The United Kingdom in August submitted its comments on the working Group’s report on
its mission to the country.

Human Rights Council Action

On 22 march, by a recorded vote of 34 to 1, with 12 abstention, the council underained that

the DDPA remained a solid basis and the only instructive outcome of the world conference; and
extended the madate of the Intergovernmental working group on the effective implementation of
the DDPA for a three year period.

Reprises for Cooperation with Human Rights Bodies:

Report of Secretary - General

Pursuant to a Human Rights Council request the secretary General in July submitted a
compliation and analysis is of information on alleged reprise against individuals or groups who
had cooprated or sought to cooperate with representatives of UN human rights bodies, as well as
recommendation and on how to address the issues of intimidation and reprises. The report
contained information gathered from 16 June 2012 to 15 June 2013, pertaining to cases in Bahrain,
Colombia, the democratic Republic of the Congo, Iran, Maldives, Mrocco, the Philippines, the
Russian Federation, Saudi Arabia, the Syrian Arab Republic, Tajikstan and the United Arab
Emirates.

The secretary – General recommended that states adopt appropriate, legistlation, codemn
acts of reprisal and intimidations, ensure accountability, conduct impartial investigations, brings
perpetrators to justice and provide victims with remedies.

Human Rights Council Action.

On 27 September, by a recorded vote of 31 to 1, with 15 abstentations, the council urged

states to refers against those who sought to cooperate with the united nations in the field of human
rights; requested the secretary General to designate a UN-wide senior focal point to promote the
prevention of, protection against and accountability for reprises and intimation related to
cooperation with the united nations.

Protection of migrants Reports of special reporter

In response to a request by the Human Rights council, the special Rapporteur on the human
rights of migrants, francoies crepeou (Canada), in April submitted a report his activities from 1
June 2012 to 30 April 2013, and the your long regions study on the management of the external
brooder of the European Union (EU) and its impact on the human rights of migrants. While
welcoming the inclusion of migrants’ rights in the EU institutional and policy frame work, the
Rapporteur remained concerned that the protection of the human rights of migrants, and in
particular irregular migrants, was often not implem ented other challenges included the
securitization of migration the border control; the use of detention as a tool in border control; the
externalization of border control; and insufficient responsibility – sharing with external border
states.

On 21 May, the EU submitted its comments on that report.

 In accordance with general – Assembly resolution, the secretary – General in August
transmitted the special Rapporteur’s annual report to the Assembly, covering his activates and a
them attic section on global migration governance, the Rapporteur, recommended that states
establish human rights based coherent and comprehensive migration policies ; ensure that bilateral
agreements related to migrants and regional cooperation mechanisms were transparent, guarantee
the rights of migrants and ensure accountability ; recognize the need for a stronger institutional
frame work for migration at the united - Nations; and consider the creation of a new organization
dealing with international migration. The General Assembly took note of that report on 18
December.

Mission reports :

Following his mission to Qatar, the special Rapporteur reported that Qatar had the highest
proportion of migrants of any country in the wored, who outnumbered Qatari nationals by far,
which created Unique challenges. He concluded that efforts needed to be stepped up to prevent
abuses against migrants. Exploitation was frequent and migrants after worked without pay and
cived in substandard conditions. Domestic workers were excluded from the labour law and were
vulnerable to abuse.

Report of Secretary – General :

Pursuant to General Assembly resolution, the secretary-General in August submitted O

report on the implem entation of that resolution. Which summarized submissions received from
states, intergovernmental organisations and NGOS. The General Assembly took note of that report
on 18 December.

Human Rights council action :

 On 14 June, the council called on states and regional and international organisation to
promote and protect the human rights of migrants, especially those of women and children,
regardless of their immigration states ; to adopt measures to prevent violations of the rights on
migrants while in transit, including in ports and airports and at borders and migration checkpoints ;
and to train public officials who worked in those facilities and in border areas to treat migrants
respectfully and in accordance with international human rights law.

Declaration on migration :

On 3 October, the General Assembly adopted resolution on the declaration of the High
level dialogue on International migration and development.

Discrimination against minorities

Reports of Independent Expert

Pursuant to a Human Rights Council request, the Independent Expert on minority issues,
rita Izsak, in her annual report to the council, summarized her activities since her previous report,
provided an update on the work of the forum on minority. Issues following its fifth session and
presented a discussion on the rights of linguistic minorities. The Independent expert recommended
providing a reasonable degree of accommodation of smaller and lesser – use languages ; using
cost- effective methods such as the translation of key information and web based resources
targeted at minorities ; and using minority mediators to improve communication with minorities.

Mission report

Following her mission to can eroon, the Independent Expert said that there were more than
250 ethnic groups speaking many different languages and representing different faiths in the
country.

While challenges remained, the Government was open to involve minorities in shaping
solutions. The problems faced by the pygmy and Mbororo pastoralist communities, who identified
as indigenous minorities and who were among the poorest in the country, recovered solutions
taking into account their unique cultures, traditions and lifestyle.
Report of secretary- General

Pursuant to Assembly resolution the secretary General in August submitted a report on the
activities undertaken by the office of the united Nations High commissioner for Human Rights
(OHCHR), the independent expert on minority issues and un entities, as well as by states, to mark
the twentieth anniversary (2012) of the adoption of the declaration on the rights of persons
belonging to National or Ethnic. Religious and linguistic minorities including the establishment the
establishment of the United Nations network on racial discrimination and the protection of
minorities.

Forum on minority Issues

The sixth session of the forum on minority Issues focused on measures aimed at
guaranteeing the rights of religious minorities. The more than 500 participants, including
representatives of Governments, minority communities, un entities, regional inter governmental
bodies, national human rights institutions and civil society, addressed the challenges faced by
religious minorities ; provided information about legislation, policies and practices for addressing
problems.

Human Rights council action :

On 21 March, the council urged states to ensure that persons belonging to national or
ethnic, religious and linguistic minorities were a ware of and able to increase their rights and to
develop mechanisms for participation of and consultation with persons belonging to minorities in
order to take in to account their views.

On 27 September, the council requested the secretary- general to establish a special fund
for the participation of civil society and other stakeholders in the social form on business and
Human Rights to be administrated by OHCHR.

Report of High Commissioner

Pursuant to requests of the Human – Rights Council and resolution 22/4, the High
Commissioner submitted a report on developments in the work of on human rights entities as well
as OHCHR, regarding the rights ok minorities.
Freedom of religion or belief

Report of special Rapporteur

Pursuant to a Human Rights council request, the special Rapporteur or freedom of religion
or belief, it liner Bielefeld (Germany), submitted a report that, reviewed his activities and focused
on the need to respect and protect freedom of religious or belief of persons belonging to religious
minorities. He pointed out that the rights of such persons could not be confined groups and should
be open to all persons who lived defector in the situation of a minority and were in need of special
protection.

In accordance with general assembly resolution, the secretary general in August transmitted
to the Assembly the special Rapporteur’s interim report, which reviewed activities since the
previous report and focused, in the face of complicated conflicts in their interplay.

Mission report

Following his visit to sierra Leone (30 June -5 July), the special Rapporteur appreciated the
admirable culture of inter and intra religious open heartiness cherished infamilies neighbourhoods
schools and public life. In his conclusions, the Rapporteur drew attention to the recommendations
made by sierra leone’s truth and reconciliation commission. He also recommended that states
religious leaders the international community pay more attention to the country’s culture of inter
and intra religious open heartedness.

Report of high commissioner

The High Commissioner in January Sub-mitted a report on five expert workshops

organized by OHCHR on the prohibition of incitement to national racial or religious hatred, in
which legislative patterns, judicial practices and policies were explored the report summarized the
results of that initiative.

Human Rights Council action

The council on 22 March urged states to ensure that their constitutional and legislative
systems provided adequate guarantees of freedom of thought, conscience and religious or belief,
and that no one was derived of the right to life, liberty or security of person because or religious or
belief.
Right to nationality

Report of secretary – General

As requested by the Human Rights Council, the Secretary – General in December sub-
mitted as report that examined legislative and administrative measures that might lead to
deprivation of nationality, paying particular attention to situation where persons affected might be
left stateless. Considering information collected form 33states and 22 un entities and NGOS, the
report emphasized the importance of safe geared to ensure that state lessens was prevented when
loss or deprivation of nationality was provided for in legislative.

OHCHR report

Pursuant to a Human Rights council request, OHCHR in March submitted a report on

discrimination against women on nationality – related matters including the impact on children.
According to the report, many nationality laws still discriminated against women. The report
highlighted best practices and other measures to eliminate such discrimination.

Equal political participation

Human rights council action

On 26 September, the council urged states to ensure the participation of all citizens in
political and public affairs on an equal basis including by eliminating law, regulations and
practices that discriminated against citizens in their right to political. Participation on the grounds
of race., colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status or on the basic of disability and by eliminating barriers that
prevented citizens- in particular women, persons belonging to marginalized groups or minorities
and person in vulnerable situations – from participating in political and public affairs.

Electoral processes

Reports of secretary – General

Pursuant to General Assembly resolution the secretary – General in August submitted a

report describing trends and issues in electoral assistance provided to member states by the UN
system
over the previous two years. Assistance was provided to 59 countries and territories, 12 of themes
of the basis of a Security Council mandate. The report discussed the activities of the UN system in
promoting the political participation of women, noting that although here had been a steady
increase in the share of women in parliaments world wide, the global rate of elected women
remained law.

Human security

Security of each state as of vitas Iranians security was identified with and remains crucial of state.
Security of individuals is held as synonymous with state. With the traditional security comets war
& military activities where as the non- traditional or modern security believes in individual
security and protection of human life. Human security puts importance on individual security than
state security.

State is the only identify & referent object of security to which all other rival claimants most
remain subservient (instrument) in this classical formulation. Security has been considered as both
a prerogative a responsibility of state. The security of state is synonymous with the security of the
individual. State well equipped with most sophisticated a modern weapons may not be able to
provide security to individuals against health hozards global warning, sea level rise and other
catastrophes. Even when a state is secure from external threats or internal instabilities. Secure for
if people is not guaranteed. The classical state security doesn’t answer the thus of gender, human
right & indentify which have been central factors in political instability and social tensions.

The primacy of state security is very closely associated with the nation of security implies the
security of the seeing or the price. The emergence of democratic polity and transfer of primacy
from the prince to the citizenry implies a shift in the nation of security. So far broadening it to
include the security not only of the prince out also for the everyday survival of the citizen. Thus
primacy on security of the individual as central to the conceptualization of security along with the
states is defined as human security.

Human rights implications

Millions upon millions of people have lost their homes and lands due to conflict or

because of investor greed, poorly planned development Taking a human rights approach

to climate change, grounded in the principle of the inherent dignity of the human person,

implies that it is not only the total numbers of those displaced that matter. Every single

35
person who is forced from their home, against their will, must have a remedy available to

them which respects their rights, protects their rights and, if necessary, fulfils their rights

as recognised under international human rights law.

The rights found within the international human rights legal code which are particularly

relevant to the discussion of climate change-induced displacement include the right to

adequate housing and rights in housing; the right to security of tenure; the right not to be

arbitrarily evicted; the right to land and rights in land; the right to property and the

peaceful enjoyment of possessions; the right to privacy and respect for the home; the right

to security of the person, freedom of movement and choice of residence; and housing,

land and property (HLP) restitution and/or compensation following forced displacement.

All of these entitlements and obligations are in order that people everywhere are able to

live safely and securely on a piece of land, to reside within an adequate and affordable

home with access to all basic services and to feel safe in the knowledge that these rights

will

be fully respected, protected and fulfilled. by governments to build the legal, policy and

institutional frameworks required to ensure that any rights related to climate change,

particularly those related to durable solutions to displacement, are fully respected,

protected and fulfilled. However, when we look at the performance

of states and the international community over the past 60 years of the human rights

experiment and when we listen to the voices of the millions of rights-holders throughout

the world who remain as far as ever from enjoying their legitimate HLP rights, it is clear

that solving the HLP consequences of climate change will be a far from simple task. and

natural disasters such as earthquakes, floods and tsunamis. Sadly, far too few have seen

either their rights respected or benefitted from a slow, gradual improvement in their

36
housing and living conditions once the circumstances leading to their displacement have

ended or altered. This should be a reminder for us to prioritise human rights-based

strategies to address the displacement dimensions of climate change. The track record of

most countries in treating victims of displacement as rights-holders, in particular HLP

rights-holders, is very poor.

In many disaster settings, those who have been displaced return home once conditions

permit and quickly begin the long and difficult task of rebuilding their former lives. In

other cases, the displaced are arbitrarily and/or unlawfully prevented from returning to

and recovering their homes. They may be relocated involuntarily to resettlement sites

despite their wishes to return home. Thousands of those displaced in Sri Lanka and Aceh

following the 2004 Asian tsunami are still physically prevented from returning home,

despite their clear wishes to do so.

While considerable efforts have been made to address displacement and return in the

context of conflict, only recently have practitioners begun to explore the vital links

between displacement, natural and environmental disasters and durable solutions to

displacement, all within a rights-based framework.

HLP good practice

A number of important lessons appear to be increasingly recognised by those working in

post-disaster contexts. For instance, best practice indicates that all displaced persons

should have the right to voluntary return without discrimination to the homes from

which they were displaced. In situ re-housing efforts have proven to be the most efficient

and effective means of providing relief to victims in other post-disaster settings.

International standards now support the rights of disaster-affected populations to return

37
to and recover their former homes and lands should they so wish. Those involved in

facilitating such return need to work to:

■■remove any discriminatory inheritance and property ownership laws that

may prevent the equitable transfer of property to survivors, particularly

women and girls, and ensure that women and girls do not suffer direct or

indirect discrimination as a result of the relief and reconstruction efforts

■■ensure that all reconstruction efforts take fully into account the needs of

especially vulnerable or marginalised groups including ethnic minorities,

children, the elderly, the disabled, the chronically ill and households headed

by single parents or children

■■avoid the active prevention of return and land-grabbing by public officials or

criminal networks

■■ensure properly resourced and well-coordinated housing/ shelter provision

programmes

■■encourage full community participation in the reconstruction process

■■help local authorities to realise that housing reconstruction can often be the

most long-term element of any recovery process and to plan accordingly.

Fortunately there is greater understanding that relocation or resettlement should only

occur as a last resort, and only after all possible alternatives have been thoroughly

explored. When resettlement is the only option available and all other avenues have been

considered, there is growing acceptance of the principle that permanent relocation should

never result in homelessness and that alternative accommodation, which complies with

international human rights standards on adequate housing, should be provided to

everyone as a matter of rights.

38
However, climate change-induced displacement is likely to present new and greater

challenges. The impact and consequences of permanent, non-reversible displacement

caused by climate change and rising sea levels have yet to be fully grasped by states and

their peoples. Already, island groups such as the Carteret Islands, Tokelau and Vanuatu

have begun to permanently resettle people because of land lost to rising seas and

salinisation of fresh water supplies. Clearly, these and other cases are only the small

beginnings of what is predicted to be the largest global mass migration in human history.

Short-term policy responses, of course, would be similar to those already in place

following many conflicts and disasters, and consist largely of shelter programmes, forced

migrant camps and settlements, and other short-term measures. Long-term policy

responses should be grounded more comprehensively within an HLP rights framework,

involving remedies such as the provision of alternative homes and lands, compensation

and access to new livelihoods, based – one would hope – on lessons learned about

permanent resettlement from previous efforts around the world.

39
 CHAPTER-V

CONCLUSIONS AND SUGGESSTIONS

Human rights are those minimal rights which every individual must have by virtue of his
being a ‘member of the human family’ irrespective of any other consideration. They are based on
mankind’s demand for a life in which the inherent dignity of the human being will receive respect
and protection. They are forming the foundations of a society and they are inviolable, as the
society would disintegrate, if they are violated. There is a growing rhetoric in the recent past as to
the promotion and protection of human rights around the world. This is because of the flagrant and
blatant violations of human rights by the people in government and non-government sectors. The
promotion and protection of human rights need a conducive and enabling environment, in
particular to appropriate regulations, institutions and procedures framing the actions of the State.
The rule of law is indispensable for the exercise of the Government in a way that promotes and
protects human rights.

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 Human rights are considered as the greatest idea of this generation and a milestone in the
development of the rights of man. Innumerable declarations, covenants and legislations have been
initiated and entered into the national and international levels for the protection and promotion of
human rights. In spite of a proliferation of Declarations and Covenants on human rights, instances
of their violation continue unabated. The issue of human rights has become a very vital
significance to mankind. The violation of human rights in India has been increasing day by day
across its regions, classes, castes and gender. India has a written Constitution, an active and
independent judiciary and press, which are eternally vigilant in the promotion and protection of
human rights. Human rights violations, whatever be the level, is a heinous crime against the
society and hence, a grave problem which is concerned with the entire human race. Today, we are
in the need of a strong society based on the fundamental principles of all acceptances of human
rights both in theory as well as in practice.

The establishment of the National Human Rights Commission in India has been quite
positive. NHRC had come into existence in the year 1993 to provide better protection in cases of
violations of human rights. National Human Rights Commission in India is playing a vital role in
influencing the policy making and sometimes even policy initiations, facilitating protection and
promotion of human rights. NHRC is providing an excellent mechanism for building the public
opinion and strong alliances and partnerships with Non Governmental Organisations and other
human rights activists for influencing the national agenda on human rights.

It is the bounden duty on the part of the State to implement the human rights. Strengthening
the justice delivery system is the foundation for world peace which is achieved through universal
respect for human rights. The judiciary has a very significant role in fulfilling the promise of the
Universal Declaration that the recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family.

The function of the judiciary is vital in the protection of human rights and punishment of
the violations. Through various techniques like using the new strategy of public interest litigation,
the Supreme Court of India had given expansive interpretation to the right to life and liberty,
protecting minority rights, promoting gender justice, creating a new kind of compensatory
jurisprudence, holding executive responsible for avoiding

public duty and requiring transparency in the conduct of public affairs. All the concerned
issues were discussed in detail in the preceding chapters of the thesis. In this chapter, the
findings of the study and suggestions offered are presented.

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United Nations and Human Rights: Some Findings:

The United Nations has succeeded in creating awareness among all for worldwide. One of
the major achievements of the United Nations was the adoption of the Universal Declaration of
Human Rights, 1948 and the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights, 1966, which were intended to
bring the rights outlined in the Universal Declaration into the enforceable realm of International
law. The Human Rights Commission, United Nations High Commissioner for Human Rights,
Human Rights Committee and the Committee on Economic, Social and Cultural Rights are playing
a pivotal role in protecting the human rights at the International level.

One of the purposes of the United Nations is the promotion and encouragement of respect
for, and observance of human rights and fundamental freedoms. The role and scope of the United
Nation action in promoting and protecting human rights have tremendously increased in the last 57
years. The term ‘promotion of human rights’ may mean setting of International Standard of Human
Rights Education and Dissemination. Under the United Nation Charter, the prime responsibility for
the promotion of human rights lies in the General Assembly, in the Economic and Social Council
and its subsidiary body, the Commission on Human Rights.

Following the adoption of the Universal Declaration of Human Rights, 1948, the General
Assembly called upon all member countries to publicize the text of the Declaration and ‘to cause it
to be disseminated, displayed, read and expounded principally in schools and other educational
institutions, without distinction based on the political status of countries or territories.

The United Nations High Commissioner for Human Rights established a ‘Human Rights
Hot Line5 round the clock facsimile line, that will allow the Office of the High Commissioner for
Human Rights in Geneva to monitor and react rapidly to the human rights emergencies. This Hot
Line is available to the victims of human rights violations, their relatives and Non-Governmental
Organisations. It is valuable to those wishing to establish urgent, potentially life-saving contact
with the Special Procedure Branch of the Office of the High Commissioner for Human Rights.

United Nations Member States overwhelmingly approved the establishment of a new

Human Rights Council, which would be a subsidiary body of the General Assembly, aiming to
strengthen the world body’s machinery to promote and protect fundamental rights, and deal with
the major human rights offenders. The new Human Rights Council, created by General Assembly
by its Resolution 60/251 on 15 March 2006 to replace the Geneva-based Commission on Human

42
Rights, will seek to address violations of human rights, including gross and systematic violations,
and promote effective coordination and the mainstreaming of human rights within the United
Nations system.

The new Human Rights Council will assume the role and responsibilities of the
Commission on Human Rights relating to the work of the Office of the High Commissioner. The
Council will be a standing body that will operate year-round, which would also have the ability to
respond to human rights crisis when they occur, rather than waiting many months to address urgent
issues. The Council will also make recommendations to the General Assembly for further
development of International Law in the field of human rights. The various Conventions1 and
Covenants adopted by the United Nations constitute some of the principal developments in the
international human rights law.

Some findings on the Constitutional provisions:

The Constitution of India is the first and foremost a social document. It is one of the most
rights-based Constitutions in the world. The Constitution of India captures the essence of human
rights, in its Preamble, and the Fundamental Rights and the Directive Principles of State Policy.
The Constitution of India enshrines an elaborate list of fundamental rights and freedoms. Indeed,
the rights are more comprehensive than those found in any other written Constitution in the world.
Over the last five decades, notwithstanding the constitutional precepts on human rights and
freedoms, we have experienced gross violations of human rights. Abuse of human rights,
discrimination and inequalities, poverty and hunger, long-term detention without trial, custodial
deaths, fake police encounters, sexual violence, communal violence, corruption and other social
ills, are widely

Convention on the Prevention and Punishment of the Crime of Genocide, 1948, League of
Nations Slavery Convention, 1926, and its replacement in 1956, Convention Relating to the Status
of Refugees, 1951, Convention on the Political Rights of Women, 1953, Convention Relating to
the Status of Stateless Persons, 1954, International Convention on the Elimination of All Forms of
Racial Discrimination, 1966, International Convention on the Suppression and Punishment of the
Crime of Apartheid, 1973, Convention against Torture, and Other Cruel, Inhuman or Degrading
Treatment or Punishment, 1984, Convention on the Elimination of All Forms of Discrimination
Against Women, 1979, Convention on the Rights of the Child, 1989, and International Convention
on the Protection of the Rights of all Migrant Workers and Their families, 1990. rampant. The
promises made in the Constitution are as far from realisation now as ever.

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 It is universally recognised that right to life, liberty and dignity are inherent in the human
nature. These basic human rights are enforceable rights in every civilized and welfare State. Right
to life is one of the basic human rights. It is guaranteed to every person by Article 21 of the
Constitution and not even the State has authority to violate that right. A prisoner, a convict or
under-trial or a detenue, does not cease to be a human being. Even when lodged in the jail, he
continues to enjoy all his fundamental rights including the right to life guaranteed to him under the
Constitution. On being convicted of crime and deprived of their liberty in accordance with the
procedure established by law, prisoners still retain the residue of constitutional rights. Thus, the
fundamental rights, which also include the basic human rights, continue to be available to a
prisoner and those rights cannot be defeated by pleading the old and archaic defence of immunity
in respect of sovereign acts which has been rejected several times by the Supreme Court.

The Working of the Judiciary: An Assessment

Judiciary is the custodian of human rights. The role of judiciary in handling the cases of
violation of human rights is impressive. The Judiciary has adopted new approaches, developed
new tools and invented new remedies to deal increasing challenges to basic human rights from the
Government as well as from the Centres of power.

Over the last fifty years, the Supreme Court has been rendering invaluable service to the
nation by upholding the human rights. A vast majority of the constitutional cases which came
before the Supreme Court were those, which helped to preserve and maintain the rights of the
common man against the State. In doing so, the court has acted judicially, uninfluenced by any
philosophy other than the philosophy of the Constitution. The court has protected the personal
liberty against arbitrary invasion by the State. The fundamental rights in our Constitution are
entrenched with so many restrictions and that imposes a heavy duty on the judiciary, to impose a
check on the exercise of government power in violation of these rights. The Supreme Court has
stood to the need and has proved true to the aspirations of the people. In fact, the judicial attitude
has changed with the need of the time and has ignored the ‘traditional procedural obstructions’.
This has created the concept of ‘judicial activism’ in the Indian legal system.

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 It is also quite visible that the Courts in India through the judicial activism have been able
to bring astonishing results by vindicating the rights of degraded bonded labourers, tortured-under
trials, blinded prisoners, child-workers, helpless pensioners, poor hawkers, depressed women,
etc.,. It is because of the judicial endeavour that, it has become possible to each and every human
being in India to lead a life full of dignity, enjoy right to privacy, shelter, health and medical
assistance, and healthy environment. The scope of Article 21 has brought about a vital change in
the field of human rights jurisprudence. All this ultimately enables us to conclude that, Indian
Judiciary has endeavoured hard to uphold the spirit of Universal Declaration of Human Rights,
1948, International Covenant on Civil and Political Rights, 1966, and International Covenant on
Economic, Social and Cultural Rights, 1966 thereby achieved a tremendous success in resurrecting
the Human Rights Jurisprudence.

The Judiciary in India has done matchless service in protecting the people from police
atrocities and thus protected their human rights. The talk of human rights and declaring them as
fundamental rights in the Constitution is meaningless unless they can be enforced by an effective
machinery. If there is no effective remedy against the violation of human rights, there is no
effective human right in the real sense.

In India, the Supreme Court needs to assimilate the progressive trends in other jurisdiction
in using its inherent powers to build up human rights jurisprudence. In this connection, the
Supreme Court and High Courts have used Social Action Litigation to protect and safeguard the
basic human rights of the poor and the underprivileged. It is of special importance to mention that,
the Supreme Court has moved away from the traditional concept of locus standi and the adversary
system of justice and has ventured out to even appoint commissions of inquiry to ascertain the
facts of the case before handling down a decision on allegation of violation of human rights.

In India, the Supreme Court is strong, independent and creative. Through judicial
interpretation, the Supreme Court has widened the sweep and scope of human rights in India. It
has intervened suo motu, whenever the violations of human rights have taken place and had come
to the rescue of the citizens.

The Supreme Court of India has been very vigilant against the encroachments upon the
human rights of the prisoners. Article 21 of the Constitution guarantees the right of life and
personal liberty and thereby prohibits any inhuman, cruel or degrading treatment of any person
whether he is a national or foreigner. In D.K.Basu case, the Supreme Court held that the torture by
police struck a blow at the rule of law. Custodial violence has been held to be a calculated assault

45
on human dignity, perhaps it is one of the worst crimes in a civilised society which is governed by
the rule of law. The Supreme Court of India has laid down the detailed guidelines to be followed
by the Centre and States Investigating and Security Agencies in all cases of arrest and detention.

In the recent years, the judiciary began to award compensation for the violation of human
rights by the State. Judicial activism has not only protected the human rights of the people, but it
has also led to the granting of exemplary compensation to the victims of police atrocities, which
resulted in human rights violation. The Supreme Court had delivered a series of decisions from
Rudul Shah to D.K.Basu, which conferred an enforceable right to compensation for the citizens of
India in appropriate cases of violation of human rights. The court maintained an appropriate case
one where the infringement of human rights is patent, incontrovertible and exfacie glaring and its
magnitude is such so as to shock the conscience of the Constitution and the courts. The findings of
the Supreme Court in Nilabati Behara and D.K.Basu are in tune with National and International
human rights movement to secure compensation to the victims of State lawlessness. Article 9(5) of
International Covenant on Civil and Political Rights, 1966, provides that “Anyone, who has been
the victim of unlawful arrest or detention, shall have an enforceable right to compensation”. In
India, although there is no specific analogous provision incorporated in the Constitution, but the
judicial grammar of interpretation of Article 21 has brought about revolutionary breakthrough in
the human rights jurisprudence.

It is necessary to evolve an acceptable and scientific criterion for assessment of

compensation. Another policy evolved by the Supreme Court and the various High Courts is that
the quantum of compensation would be recovered from the State exchequer for the wrongful acts
of individual police personnel. In this direction, in Saheli case, the Supreme Court ordered that the
payment of compensation be recovered from the wrong-doer. It is to be noted that mere granting of
the compensation by the Supreme Court to the victim is not sufficient, but at the same time, there
should be a punitive action against the guilty police personnel.

It is now well settled that the award of compensation against the State is an appropriate and
effective remedy for redress of an established infringement of fundamental right under Article 21,
by a public servant. The quantum of compensation will depend upon the facts and circumstances
of each case.

The protection of environment is the watch word the of late 20 century. The Supreme
Court of India had opened a new vistas and new aspirations in the arena of environmental
protection. It is to be noted that the Constitution of India did not originally contain any direct

46
provision regarding the protection of natural environment, but taking note of the Stockholm
Conference and growing awareness of the environment crises, amended it to add direct provision
for the protection of environment. The 42nd Amendment Act, 1976, has made it a fundamental
duty to protect and improve the natural environment and to safeguard the forests and wild life of
the country.

It is to be noted that the Courts in India had slowly expanded the concept of quality of life
and applied the same to different facets of environment. The Supreme Court later on widened the
horizons of environmental protection. The Supreme Court has, moreover, made it amply clear that
the PEL is maintainable for ensuring pollution free water and air, which is implicit in right to live
under Article 21 of the Constitution.

Without policing the police, it is impossible to expect protection and promotion of human
rights. The police training should be re-oriented so as to generate the values of ethics and morals.
Apart from physical fitness, the mental health of the police should receive due consideration. No
person should be detained without the reasons, the place, the time of detention, the identity of the
relevant detaining officials and the law applied, being recorded. Place and cause of detention must
be communicated to the families and the lawyers who must also be allowed to have access to
detainees under the law.

Custodial violence or harassment cannot always be supported by a medical report or

independent evidence on the basis of marks or scars. Every illegal detention irrespective of its
duration, and every custodial violence, irrespective of its degree or magnitude, is outright
condemnable and per se actionable. Remedy for such violation is available in civil law and
criminal law.

Majority of the population of India covered particularly the village people, who are
backward, poor, and illiterate. In fact, the concept of human rights is still not known to remote
areas. Hence, wider dissemination of knowledge of human rights is an important aspect to create
human rights culture in India. To achieve this goal, vast changes are to be brought in the area of
education, in general, and human rights education in particular, which should serve as an
appropriate tool for the protection of the human rights.

It is to be noted that currently, child labour is the most serious problem with which India is
confronted and it is one of the worst forms of human rights violation. In India, the role of judiciary
has been quite significant in promoting the chid welfare. It is pertinent to mention that the judiciary

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has almost brought a revolution in the life of child workers in India and it has time and again
interpreted and developed the laws to eradicate the child labour. Various laws were enacted to
restrict the minimum age for employment and to regulate the conditions of child employment like
Child Labour (Prohibition and Regulation) Act, 1986, Factories Act, 1948, etc.,

The system of bonded labour is a stigma on human society. The practice of employing
bonded labour has been one of the worst forms of abuse of human rights. Many attempts have been
made to eradicate the system of bonded labour at National and International levels. It is also to be
noted that the Supreme Court had played an effective role in eradicating the bonded labour system.
. The decisions of the Supreme Court in Bandhua Mukthi Morcha and Neeraja Choudary
unequivocally condemned the callous attitude on the part of the State in rehabilitating the bonded
labourers in the country.

The problems of bonded labour cannot be solved by mere identification, abolition and
prohibition of bonded labourers and by penalising the persons practising such system. These
problems are deep rooted in the socio-economic set-up of the country and despite the court verdicts
in their favour; their conditions have not been improved. This shows the lack of determination on
the part of the Government. It is high time for the administration to take serous note of the
directions of the Supreme Court in a positive manner. Indeed, there is a greater need not only to
identity and release but also rehabilitate the bonded labourers, then only it can be considered that
the human rights of bonded labourers are well protected in India, in the welfare state established
under the Constitution with long cherished goals.

Public Interest Litigations and the judicial activism of the Supreme Court initiated by
Justice V.R. Krishna Iyer and Justice P.N. Bhagwati has played a major role in expanding the scope
of human rights and giving it, a much needed legitimacy through important decisions on the rights
of prisoners and bonded labourers etc.,

Findings on the Role of NHRC:

The National Human Rights Commission of India came into existence, in the year 1993, to
provide better protection in cases of violations of human rights expeditiously, and to remove the
defect of the existing judicial process. Truly speaking, it is a unique and independent institution,
which plays an ideal, supportive and supplementary role, to other institutions that are engaged in
upholding rule of law in Indian society. The National Human Rights Commission is necessary in a
graded society in the promotion and protection of basic human rights.

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 The main purpose of setting up of the Commission is to strengthen the machinery for more
effective enforcement of fundamental rights of the people. Ever since the establishment of the
Commission, it has been discharging its functions effectively. The Commission has awarded
compensation in many cases of custodial deaths and also recommended for prosecution of the
concerned police personnel. The Commission issued a number of guidelines to the States like
mandatory requirement of reporting all custodial deaths to the NHRC within 24 hours, sending of
magisterial enquiry reports in all cases of custodial deaths, and videography of post mortem in all
cases of custodial deaths. These guidelines as well as the investigative mechanisms of the
Commission had its salutary effect on checking the rising of custodial deaths.

Most of the States are yet to constitute State Human Rights Commissions. Especially in the
context of increasing violations of human rights, it is difficult for any single institution to meet the
growing demand for the protection of human rights of all persons. In a very short span of time, the
National Human Rights Commission has been receiving many complaints of human rights violation
from all parts of the country. Thus, its work-load has increased beyond proportion. Therefore, it is
the need of the hour that every State must constitute its own Human Rights Commissions, so as to
provide speedy justice to the people and protect them from the violation of their human rights. Till
so far, only 14 State Human Rights Commissions are established for the effective implementation
of human rights.

The Commission has become an effective check on the misdeeds, negligence, excesses,
abuse of powers by police and other governmental agencies. The powers of the Commission which
are in the nature of recommendatory, does not render it impotent. The Commission’s power to
follow-up its recommendations and the corresponding statutory obligations imposed upon the State
authorities to answer them with action taken report are proposed to be taken, within a stipulated
time, would speak of Commission’s real authority. It is to be noted that the Commission has no
power to take action directly. It does not have any power to punish the guilty. This position is far
from satisfactory.

The functioning of the Commission is very much impressive in nature. The implementation
mechanisms of the Commission make it abundantly clear that it does not replace the role of the
regular Courts. Thus, the Commission has been functioning as supplement to the regular courts in
cases of violations of human rights in providing better protection. Section 12 (a) of the Protection
of Human Rights Act, 1993 provides that the Commission shall intervene in any proceeding
involving any allegation of violation of human rights pending before a court with the approval of

49
such court. It is important to note that the Commission has intervened in a number of pending
proceedings involving human rights issues in different courts including the Supreme Court.

It is to be noted that for better realisation of human rights, public must be made aware of
their rights and the safeguards available for the protection of those rights. Section 12 (h) of the
Protection of Human Rights Act, 1993, imposes an obligation of the Human Rights Commissions
to “spread human rights literacy among various sections of society and promote awareness of the
safeguard available for the protection of these rights through publications, the media, seminars and
other available means”. The media can play a positive role by publishing details about the human
rights and the role of NGO’s in protecting human rights.

Thus, it is clear that as far as the protection of human rights is concerned, the media
especially the press has played a vital and positive role in the protection of human rights by
bringing to light, the human rights violations whether committed by the Government and its
machineries or by others. The role of media is very much appreciated, especially in cases where the
Government agents who are supposed to protect human rights have in fact abused them. In this
process, the media has proved that it can act as a saviour of the human rights of the poor, needy and
the oppressed. While, as far as promoting human rights is concerned, it is greatly acknowledged
that the media, being a source of information can also play a telling role. It can educate people and
create awareness of human rights etc., The media is expected not to play a negative role in the
protection and promotion of human rights.

Creating human rights awareness is considered important and useful for the better
protection and promotion of human rights. With this in view, the Human Rights Commission has
organised and supported several workshops, training programmes and seminars for sensitizing the
stakeholders on human rights issues consisting of academicians, activists, Non-Governmental
Organisation’s, civil servants, etc., In 2005-2006, twenty five training programmes were conducted
addressing problems of human rights and prevention of atrocities against the weaker sections, legal
literacy for the women, mental health education, combating trafficking in women and children,
etc.,

In India, a large number of people do not have adequate access to basic amenities like
water, food, shelter, sanitation, health, and education. Moreover, they do not know what their rights
are. Chronic poverty, oppression, and deprivation have made them most vulnerable. To bring about
a change, many Non-Governmental Organisations have been playing an effective role. In civil
society, NGO’s have been playing significant role in generating awareness about various issues

50
affecting the society and also undertaking the development activities for the amelioration and
betterment of the deprived sections of the society. Currently, there are a large number of NGO’s
around the world for propagating, advocating, campaigning and creating awareness among the
people about human rights. There are NGO’s, though not directly involved in human rights
violation but indirectly assist in promoting human rights in society. In India, thus, NGO’s have
been playing the most important role in promoting knowledge of human rights, identifying
problems in the protection and enjoyment of human rights and seek changes in the legislations.

Promotion and protection of human rights ensures prevalence of freedom, justice, peace and
order in each society. It ensures recognition of worth of individual on equal basis and also that
every human being fulfils a quality, life based equality, dignity, respect and concern. A human
rights culture has to be developed in each component society. Observance of human rights is very
essential and vital for every society to live in peace, harmony and brotherhood.

The human rights movement in the new millennium needs to reflect on and be pro-active
rather than reactive in evolving a new culture which is more sensitive, reflective and responsive to
social relations. There is a need to evolve new culture at various levels such as:

a) Spreading awareness amongst masses, particularly amongst the weaker, the poor,
disadvantaged and vulnerable groups, about their human rights;
b) Improving capacities and confidence more so in the case of weak and disadvantaged to stand
and ask for enforcement, protection and preservation of their rights;

c) Sensitizing and requiring people to shed away some of their prejudices and attitudes which are
derogatory of others’ dignity;
d) Creating different kind of knowledge, innovating or reforming structures, evolving
methodologies and normative regimes that are more responsive to human rights jurisprudence;
e) Devising and imparting new skills, training and competencies amongst the policy-makers,
decision-makers and those responsible for executing these policies and human rights in
discharging their functions;
f) A new Ministry or Department of Human Rights should be created both at the Central and
State levels and all the human rights commissions should be required to function under its
jurisdiction;
g) There should not be delay in the tabling of annual reports of the commissions on human rights
in Parliament. Since these reports contain significant data and information concerning the

51
 protection or violation of human rights, they should be tabled at once in the Houses of
Parliament. It is only after the report is tabled, it is made to the public;
h) All the States should be asked to set up Human Rights Courts in every District, as envisaged in
the Protection of Human Rights Act, 1993, which will reduce the workload of the Supreme
Court and the High Courts, which are already having huge backlog of cases, including
petitions under the Articles 32 and 226.
i) Protection of Human Rights Act should be amended to ensure an enforceable right to
compensation for unlawful detention or arrest;
j) In curbing the menace of custodial violence, India should immediately ratify the United Nation
Convention against Torture.
k) Training, education and sensitization programmes in human rights and duties should be
regularly imparted to law enforcing agencies, particularly to the police and paramilitary
personnel.

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