ISO 26000:2010 - SOCIAL RESPONSIBILITY STANDARD: A NEW FRAMEWORK INTO PRACTICE FOR HUMAN RIGHTS AND INTELECTUAL PROPERTY

RIGHTS
BY R. VINOBA SELVANDURAI., M.A., M.L., Research Scholar, The Tamilnadu Dr. Ambedkar Law University, Chennai.

We shall do our part to build a world of peace where the weak are safe and the strong are just. John F Kennedy 1. Introduction:

Human rights are rights inherent to all human beings, whatever our nationality, place of residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible. Universal human rights are often expressed and guaranteed by law, in the forms of treaties, customary international law, general principles and other sources of international law. International human rights law lays down obligations of Governments to act in certain ways or to refrain from certain acts, in order to promote and protect human rights and fundamental freedoms of individuals or groups.

Intellectual property rights are recognized as human rights in the Universal Declaration of Human Rights, 1948, and in other international and regional human rights treaties and instruments. However, the relationship between intellectual property systems and human rights is complex and calls for a full understanding of the nature and purposes of the intellectual property system. It is suggested by some that conflicts may exist between the respect for and implementation of current intellectual property systems and other human rights, such as the rights to adequate health care, to education,

to share in the benefits of scientific progress, and to participation in cultural life. In 1998, to commemorate the 50th anniversary of the proclamation of the Universal Declaration of Human Rights, WIPO, in collaboration with the United Nations Office of the High Commissioner for Human Rights (OHCHR)1, organized a Panel Discussion on Intellectual Property and Human Rights. WIPO continues to follow closely relevant developments in human rights and the work of the OHCHR, including the Committee on Economic, Social and Cultural Rights2.

Due to some social, economic and political changes and procedural lacunae in existing Municipal laws in the state, it is not easily possible to prove the allegations and punish the violators of Human Rights by the Authorities of International and National Human Right Commissions. Hence the United Nations Human Rights Council decided to formulate a unique standard form to all member states in order to implement strong enforcing phenomena to enforce appropriate punishment to the violators of Human Rights and Intellectual Property Rights. We discuss here the necessities, applicability, responsibility, the status of present Municipal laws and the demands before us to be implemented before the sanction of the formulation of such unique standard.

2. United Nations Human Rights Commission ideals on the unique standard:

In 2005, the United Nations Human Rights Commission requested the UN Secretary-General to appoint a Special Representative (SRSG) with a mandate for three years to, among other things:

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http://www.unhchr.ch/html dt. 19.04.2011 http://www.wipo.int/tk/en/hr/ dt.20.04.2011

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identify and clarify standards of corporate responsibility and accountability for businesses and human rights; clarify the implications for businesses of concepts such as complicity and sphere of influence; develop materials and methodologies for undertaking human rights impact assessments of the activities of transnational corporations and other business enterprises;

After three years of work, the SRSG proposed a conceptual policy framework to the United Nations Human Rights Council. The framework is organized around the three foundational principles of protect, respect and remedy: the state duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and the need for more effective access to remedies.

The UN Special Representative for Business and Human Rights Mr. John Ruggie had spent more than five years and finally drafted draft Guiding Principles on the operationalization of the UN Protect, Respect, Remedy policy framework on business and human rights highlighting the need to maintain and build on the momentum for positive action that has developed over the past five years.

The draft Principles, to be finalized and presented by the Special Representative along with his final report to the UN Human Rights Council in June 2011, seek to provide concrete recommendations and guidance to governments, companies and other actors. Once adopted, the Principles will become a global benchmark of good practice on business and human rights with the potential to reshape much of the current corporate responsibility landscape. The Guiding Principles recommended to provide ISO3 Strategy of ISO 26000:2010 Social Responsibility Standard4 to Human

http://www.iso.org/iso/home.html

Rights for opt enforcement of rules and regulation of the principles for taking necessary actions against the wrongdoer of human rights.

3. ISO its Strategy: ISO the name was derived from the Greek word isos, meaning equal . The long form International Organization for Standardization needs translating, but whatever the language the short form is always ISO.

ISOs origins founded in 1946 by delegates from 25 countries, ISO began operating on 23 February 1947.

ISO develops International Standards for products, services, processes, materials and systems, and for conformity assessment, managerial and organizational practice. It does not carry out certification of conformity to its standards, including ISO 9001:2008 or ISO 14001:2004.help ensure quality, ecology, safety, economy, reliability,

compatibility, interoperability, efficiency, effectiveness and other vital characteristics; facilitate trade and disseminate technology.

ISO standard carries the ISO logo and the designation International Standard.

ISO the organization consists of a network of national standards bodies, the most representative of standardization in each country, from all regions of the world, working in partnership with international organizations such as the United Nations, its specialized agencies and the World Trade Organization.

http://en.wikipedia.org/wiki/Social_responsibility dt 19.04.2011

4. The need for International Standards: At the start of the 21st century, the globalization of trade and many other issues, such as security, health or the environment imply that International Standards of the type produced by ISO, based on a double level consensus between countries and across stakeholders are, more than ever, in demand. The political context in which International Standards are developed has evolved drastically, with the expansion of membership and scope of the World Trade Organization, the multiplication of free trade agreements, the pressure for better public governance, the concentration of industry in ever more global companies, the growing influence of non-governmental organizations (NGOs) for more equitable and sustainable development and the increasing public demand for the social accountability of economic actors. Companies have therefore to monitor their triple bottom line, economic, environmental and social, in order to ensure their own sustainable development whilst contributing to that of the planet. International Standards assist increasingly in this aim. With a collection of over 17 000 International Standards, developed and promoted by the stakeholders themselves in a network of over 150 national bodies and hundreds of organizations in liaison, ISO is the leader for the production of International Standards.

5. The need for International Standards i. The economic dimension

ISOs initial and still central mission is to provide International Standards which assist the dissemination of technology, the interoperability of components and equipment, the assessment of their performance and, more generally, trade and business relations. The need for truly global standards has expanded as new markets, new actors

and new powerful economies emerge. This is what has led to the high level of involvement of experts in ISO, where they can benefit from adequate mechanisms to construct a global consensus and apply : do it once, do it right, do it internationally .

ii.

The environmental dimension

The environmental challenges are particularly present in ISOs work. Production and processing activities, and products themselves, are in the spotlight of the issues of climate change and sustainable development. ISO offers a wide-ranging portfolio of environment related standards, from sampling, testing and analytical methods to product life cycle analysis, environmental management or greenhouse gas emission accounting and verification.

iii.

The social dimension

Recognition of the economic and environmental benefits of International Standards is steadily percolating to company boardroom and to governmental levels. The latest evolution in understanding is that standardization can also offer considerable benefits in the social sphere. Already, many ISO standards relate to health and safety in the work place, in transportation or at home, from safety requirements forspecific equipment to ergonomics and accessibility. New areas include security matters such as risk assessment, security management, biometrics, securing the inter-modal supply chain, preventing and responding to natural disasters or managing IT security. Public awareness has resulted in a growing interest of governments, the media and investors in the ethical behaviour of producers and retailers. ISO has also launched the development of an International Standard giving guidelines for social responsibility.

iv.

ISO : a platform for global performance

ISO continues to fill its traditional role of keeping the wheels of industry sectors rolling efficiently by supplying the technical standards they need, adapting them to the evolutions of technology, the increased concerns for the environment or security and the pervasiveness of information and communication technologies. However, technology, industry and business do not exist in a vacuum. They operate in the wider global system that has economic, environmental and social dimensions. ISOs mission has evolved to that of providing the crucible for developing globally relevant, consensus based standards that assist organizations in meeting their challenges in all three dimensions of sustainable business.

6. ISO and world trade:The WTOs Agreement on Technical Barriers to Trade, which includes the Code of Good Practice for thePreparation, Adoption and Application of Standards, recognizes the important contribution that international standards and conformity assessment systems can make to improving the efficiency of production and to facilitating international trade. ISO fully implements the six principles adopted by the TBT committee that should be observed by international standardizing bodies: transparency; openness; impartiality and consensus; effectiveness and relevance; coherence; and development dimension. ISOs global relevance policy details principles consistent with the WTO principles along with implementation guidelines to ensure that ISO standards : . respond effectively to global, regulatory requirements, market needs and scientific/technical developments ; .do not distort markets nor have adverse effects on fair competition ;

.do not stifle innovation or technological development ; .do not give preference to the requirements of specific countries or regions, and are performance-based rather than design-prescriptive. Increasing the participation of ISO's developing country members and strengthening their standardization infrastructures as the focus of the ISO Five-year Plan for Developing Countries. The plan has five key objectives : . improve awareness ; . develop capacity ; . increase national and regional cooperation ; . develop electronic communication and expertise in IT tools ; . increase participation in the governance and technical work of ISO.

7. ISO 26000: 2010:Social Responsibility Standard:ISO 26000:20105 provides guidance on the underlying principles and issues in social responsibility and addresses seven core subjects on social responsibility covered in the standard. These seven core subjects are 1) organizational governance, 2) labor practices, 3) the environment, 4) fair operating practices, 5) consumer issues, 6) human rights and 7) community involvement & development.

Source: ISO web site.

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http://www.iso.org/iso/social_responsibility

Core subject: Human rights: Issue 1: Due diligence Issue 2: Human rights risk situations Issue 3: Avoidance of complicity Issue 4: Resolving grievances Issue 5: Discrimination and vulnerable groups Issue 6: Civil and political rights Issue 7: Economic, social and cultural rights Issue 8: Fundamental principles and rights at work Core subject: Labour practices Issue 1: Employment and employment relationships Issue 2: Conditions of work and social protection Issue 3: Social dialogue Issue 4: Health and safety at work Issue 5: Human development and training in the workplace Core subject: The environment Issue 1: Prevention of pollution Issue 2: Sustainable resource use Issue 3: Climate change mitigation and adaptation Issue 4: Protection of the environment, biodiversity and restoration of natural habitats Core subject: Fair operating practices Issue 1: Anti-corruption Issue 2: Responsible political involvement Issue 3: Fair competition Issue 4: Promoting social responsibility in the value chain Issue 5: Respect for property rights

Core subject: Consumer issues Issue 1: Fair marketing, factual and unbiased information and fair contractual practices Issue 2: Protecting consumers' health and safety Issue 3: Sustainable consumption Issue 4: Consumer service, support, and complaint and dispute resolution Issue 5: Consumer data protection and privacy Issue 6: Access to essential services Issue 7: Education and awareness Core subject: Community involvement and development Issue 1: Community involvement Issue 2: Education and culture Issue 3: Employment creation and skills development Issue 4: Technology development and access Issue 5: Wealth and income creation Issue 6: Health Issue 7: Social investment6

The International Standard also provides guidance on putting social responsibility into practice in an organization. The objective of social responsibility is to contribute to sustainable development 7. An organization's performance in relation to the society in which it operates and to its impact on the environment has become a critical part of measuring its overall performance and its ability to continue operating effectively. This is, in part, a reflection of the growing recognition of the need to ensure healthy ecosystems, social equity and good organizational governance. In the long run, all organizations' activities depend on the health of the world's ecosystems.
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http://www.iso.org/iso/iso_catalogue/management_and_leadership_standards/social_responsibility/sr _iso26000_overview.htm dt.22.04.2011. 7 A Modern Phenomenon to be implemented and executed in the modern era so as to protect welfare of the state and to raise the economic status of the state. It is a wider concept of economic growth, which ensures fairness and opportunities for dignified life for all, without further destroying recklessly the word's finite resources

ISO 26000 is intended to assist organizations in contributing to sustainable development. It is intended to encourage them to go beyond legal compliance, recognizing that compliance with law is a fundamental duty of any organization and an essential part of their social responsibility. It is intended to promote common understanding in the field of social responsibility, and to complement other instruments and initiatives for social responsibility, not to replace them. In applying ISO 26000, it is advisable that an organization take into consideration societal, environmental, legal, cultural, political and organizational diversity, as well as differences in economic conditions, while being consistent with international norms of behaviour. ISO 26000 is not a management system standard. It is not intended or appropriate for certification purposes or regulatory or contractual use. Any offer to certify, or claims to be certified, to ISO 26000 would be a misrepresentation of the intent and purpose and a misuse of this International Standard. As ISO 26000 does not contain requirements, any such certification would not be a demonstration of conformity with this International Standard.

According to ISO 26000, social responsibility is not merely a neutralizing action applied at the end of production/distribution to fix what has been generated or displaced. Rather, it is a proactive mind-set that should be incorporated across all levels of planning, execution, and stakeholder interaction. ISO 26000 acknowledges that applying a lens of social responsibility can be complex. Competing priorities, cultural differences, and other unique variables can create a muddied picture concerning right action. The standards make it clear, however, that a situations complexity should not

be used as an excuse for inaction, and that companies should proceed in good faith, applying the seven principles of socially responsible behavior as outlined in the standard: accountability, transparency, ethical behavior, respect for stakeholder interests, respect for the rule of law, respect for international norms of behavior, and respect for human rights.

Accountability: An organization is answerable to those affected by its decisions and activities, as well as to society in general, for the overall impact on society and its decisions and activities.

Transparency: An organization should disclose, in a clear, accurate manner and to a reasonable and sufficient degree, the policies, decisions, and activities for which it is responsible, including known and likely impacts.

Ethical behavior: An organizations behavior should be based on the ethics of honesty, equity, and integrity.

Respect for Stakeholder Interests: In addition to owners, members, and customers or constituents, other individuals or groups may also have rights, claims, or specific interests that should be taken into account.

Respect for the Rule of Law: An organization is to comply with all applicable laws and regulations. It informs those within the organization of their obligation to observe and to implement measures.

Respect for International Norms of Behavior: An organization respects international norms of behavior while adhering to the principle of respect for the rule of law. An organization should not stay silent in response to or benefit from wrongful acts.

Respect for Human Rights: An organization respects and fosters rights set out in the International Bill of Human Rights. This includes situations where human rights are not protected. ISO 26000 then applies those principles to seven core subjects that describe socially responsible areas of activity or focus.

8. Strengths and weaknesses of ISO 26000:2010: ISO 26000 also provides guidance on how to integrate social responsibility within an organization one of the most critical and challenging steps in promoting greater social responsibility. But there are some weaknesses in implementing the standards of ISO 26000.It remains to be seen whether organizations will embrace ISO 26000 and what its impact will be. Some points that should be understood by those who plan to use it:

The standard is not simple to understand and use, and organizations committed to adopting it may need training and help with its implementation. While this would not be an issue for large corporations, small and medium organizations (and particularly non-profits) with limited resources may face challenges.

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There is no strategy to regulate the existing municipal laws and no direction to the adoptive states to make amendments in the present local laws so as to implement the standard in an effective manner.

While ISO 26000 defines what social responsibility is, it does not provide specific guidance for companies in different sectors, which is critical for identifying key impacts and sustainable strategies. 9. The Present Status of Criminal Justice System in India: Lack of provision as to taking of cognizance: Even if "offences arising out of violations of human rights" are defined and clarified, the problems of taking cognizance of the offences will remain. The Act mandates the appointment of one Sessions Court in each district to try these offences. It is silent about taking of cognizance of the offence. The Prevention of Corruption Act, 1988 on the other hand, while providing for the appointment of a Sessions Judge in each district as a Special Judge to try corruption offences under it, also makes provision in section 5, empowering the Special Judge to take cognizance of these offences. Under section. 193 of the Criminal Procedure Code, a Sessions Judge cannot take cognizance of offences. He can only try the cases committed to him by the magistrate. A similar problem had arisen with the working of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The Special Judges used to take cognizance of the offences. In Potluri Purna Chandra Prabhakara Rao v. State of A.P.,8, Ujjagar singh & others v. State of Haryana & another9, and some other cases it was held that the Special Court without committal by the Magistrate. The Supreme Court also held same view in Moly & another v. State of Kerala10. Subsequently, all trials under the Prevention of Atrocities Act were stopped and all the cases were sent to the courts of jurisdictional Magistrates. Thereafter the respective Magistrates took cognizance of the cases and then committed them to the
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2002(1) Criminal Court Cases 150. 2003(1) Criminal Court Cases 406 10 2004(2) Criminal Court Cases 514
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Special Courts. The Special Courts started trying the cases after they were committed to them. The Act was later amended giving the Special Courts the power to take cognizance of the offences under Act only in the state of Karnataka. The situation in respect of the Human Rights Courts under the Protection of Human Rights Act, 1993 is not different in all states.

10. Problem of sanction: Apart from the above, the Special Courts will face yet another question from the provisions of s. 197 of Cr.P.C which provides for the special procedure for the prosecution of public servants for offences committed in the course of their duty. In most of the cases of violation of human rights, it is the police and other public officers who will be accused. The offence will necessarily relate to the acts or omissions of public servants in discharge of their duties. Even though there are a plethora of precedents in favour of dispensing with the applicability of Section 197 of Cr.P.C. on the ground that certain acts (like the ones which result in a violation of human rights) do not come within the purview of the duties of public servants. However, there is still scope for speculation as long as there is no specific provision in the Act dispensing with the applicability of Section 197 of Cr.P.C.

Unless the lawmakers take note of the above anomalies and remove them through proper amendments, India will remain without effective remedies against human rights violations.

First of all the difficulty arose in filing the complaint before the Sessions Court. Previously, cognizance was taken straightaway by the Sessions Court u/s 193 Cr.P.C. later it was laid down by the apex Court and High Courts that committal proceedings should be followed as far as the Human Rights cases are concerned. There are lots of

practical problems for victims of the Human rights violations to get justice against the perpetrators of violators as the offenders are uniformed people wielding all sorts of influence. Due to this tedious procedure, the poor victim is unable to fight in the court of law since it is a long drawn battle. There must be some restriction to file cases against public authorities in the name of Human rights violations, to avoid frivolous litigations. There must be loud thinking and open debate before amendment in new context emerging that nobody is above the law and are accountable to the people so that the abuse of power and violations of human rights can be prevented. It is pertinent to note that the Human Right Act prohibits any complaint filed beyond the period of one year which is found to be a barricade to complaint before the commission as far as individual complainants are concerned. When gross and mass violations of human rights are reported, somehow or other the matter will be exposed. It is clear that we had taken separate steps to file a private complaint under HR Act even for directions that could be granted by High Court in writ proceedings, side by side, the violations of atrocities committed by STF (Special Task Force) before the NHRC and the Government, therefore we were successful in getting a landmark Judgement on the intervention of Justice V.R.Krishna Iyer. Madras Tamilnadu Pazhankudi Makkal Sangam Vs- State of Tamilnadu, Crl.R.C.No.868 of 199611). The difference between Human Rights Commission and Human Rights Court, the human rights offences defined in S.2 (d) of HR Act, 1993, procedures to be followed in HR Court adopting Cr.P.C. as rules of practice and Evidence Act have been dealt in detailed in the said judgment. The Division Bench framed 25 points and answered for all of course some of the points for the victims in 223 pages of judgment. This is landmark judgment in the
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1997 MLJ (Cri) 655

annals of Indian Judiciary in protection and promotion of human rights.

Even though

the judgment of the Madras High Court paved the way functioning of the Human Rights Courts in India, the ultimate remedy has not been given as the return of complaint was upheld by the high court. The approach of the subordinate judiciary in dealing with the cases of human right violation of the Dalits, tribes and offences against police is very orthodox and not up to the changing needs of the society. It is to be emphasized that many of the subordinate courts are not alive to the letter and sprits of the constitution especially to the preamble and Part III and IV of the Constitution which are conscience of the Constitution. As far as, arrest, illegal detention, custodial torture are concerned, eventhough the Apex Court and high Court in number of cases laid dictum including in Jogindar Kumar Vs- State of UP12 - and in the D.K.Basu case13, the mandatory provisions of S.54 of the Cr.P.C has not been complied. In number of cases of this nature, accused are produced during night time in their homes wherein accused where unable to place their objections voluntarily as to any ill treatment in the hands of police wherefore during trial the accused were unable to prove the illegal detention and ill-treatment that resulted in failure on the part of the victims to prove the violations of the human rights in illegal arrest and torture at the hands of the police. 11. Suggestions:- To prevent the abuse of power by the police, India should amend the Indian penal code to the effect that the torture is also an offence as the Geneva Convention of UN on Human Rights passed unanimous resolution. So also, appropriate
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AIR 1994 SC 1349 AIR 1997 SC 3017

amendment has to be made in the evidence Act to draw presumption the accused that accuse has to discharge the burden of proof as far as cases relating to human right violation. The central government immediately should frame rules for the HR Act in order to avoid difficulties in filing complaints, taking cognizance and awarding sentences. There should be suitable provisions for awarding compensations to the victims. It is most essentials and imperative to have a independent machinery to protect the witnesses till the end of trial. The recent Ruchika14 case as against former Haryana DGP Rathore is an outstanding example for the gross injustice caused on the victims family in proving case before the Court of Law. Finally the violation of human rights can be curbed not only by a state machinery or judicial pronouncement but create a human right culture by creating a egalitarian society where all are equal before law having equal opportunities in socio, political, economic and cultural life. To put it other words, the goal of the constitution is accomplished by fulfilling the fundamental rights enshrined in constitution to all.

12. Suggestions provided by the Malimath committee report, submitted that: 1. Sec. 313 of the CR.P.C must also be amended so as to draw adverse inference against the accused if he fails to answer any relevant material against him therefore, making it easy for the law enforcers to use DNA tests against him. 2. A specific law should be enacted giving guidelines to the police setting uniform standards for obtaining genetic information and creating adequate safeguards to prevent misuse of the same. 3. A national DNA database should be created which will be immensely helpful in the fight against terrorism.

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case against former Haryana DGP S P S Rathore, convicted of molesting a teenaged girl who later killed herself.

4. More well-equipped laboratories should be established to handle DNA samples and evidence. 5. Efforts should be taken to create more awareness among general public, Prosecutors, judges and police machinery. 13. Different aspects of the justice administration can be further improved by the following measures: a. Discouraging routine summoning of doctors; b. Calling expert witness at pre-scheduled time; c. Recording experts' testimony by alternative judicial officer in case of non-availability of the presiding officer the court that summoned him. d. Amending provision of criminal procedures to have admissibility of the medical records; e. Recording of experts' testimony through video-conferencing. f. Directions to make speedy trial by the trial court. There is a unanimity that medical and forensic evidence plays a crucial role in helping the courts of law to arrive at logical conclusions. Therefore, the expert medical professionals should be encouraged to undertake medico legal work and simultaneously the atmosphere in courts should be congenial to the medical witness. This attains utmost importance looking at the outcome of the case, since if good experts avoid court attendance, less objective professional will fill the gap, ultimately affecting the justice. The need to involve more and more professionals in expert testimony has been felt by different organizations. The American College of physician's guidelines for the physician expert witness emphasizes on broad physician participation in providing this much-needed assistance to the legal system. The college believes that more doctors should serve as experts as a component of their professional activities in order to meet the need for medical testimony. This objective of greater expert participation can only

be achieved by addressing to the apprehensions that ponder the mind of medical professionals. In the light of new developments in the forensic science, the home ministry, Govt. of India constituted a committee under the chairmanship of Dr. Justice V.S Malimath to suggest reforms in the criminal justice system. This committee suggested comprehensive use of forensic science in crime investigation. According to the committee DNA experts should be included in the list of experts given in section 293(4) of Cr.P.C, 1973.

Section 193 of Criminal Procedure Code defines Cognizance of offences by Courts of Session. Except as otherwise expressly provided by this Code or by any other law for the time being in force, no court of Session shall take cognizance of any offence as a court of original jurisdiction unless the case has been committed to it by a Magistrate under this code.

Section 197 of Criminal Procedure Code defines Prosecution of Judges and public servants. (1) When any person who is or was a Judge or Magistrate or a public servant not removable from his office save by or with the sanction of the Government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty no court shall take cognizance of such offence except with the previous sanction-

(a) In the case of it person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of the Union, of the Central Government;

(b) In the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, of the State Government:

* [Provided that where the alleged offence was committed by a person referred to in clause (b) during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in a State, clause (b) will apply as if for the expression "State Government" occurring therein, the expression "Central Government" were substituted.

(2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union whole acting or purporting to act in the discharge of his official duty, except with the previous sanction of the Central Government.

(3) The State Government may, by notification, direct that the provisions of subsection (2) shall apply to such class or category of the members of the Forces charged with the maintenance of public order as may be specified therein, whenever they may be serving, and thereupon the provisions of that sub-section will apply as if lot the expression "Central Government" occurring therein, the expression "State Government were substituted.

*[(3A) Notwithstanding anything contained in sub-section (3), no court shall take cognizance of any offence, alleged to have been committed by any member of the Forces charged with the maintenance of public order in a State while acting or purporting to act in the discharge of his official duty during the period while a

Proclamation issued trader clause (I) of article 356 of the Constitution was in force therein, except with the previous sanction of the Central Government.]

(3B) Notwithstanding anything to the contrary contained in this Code or any other law, it is here by declared that any sanction accorded by the State Government or any cognizance taken by a court upon such sanction, during the period commencing on the 20th day of August, 1991 and ending with the date immediately preceding the date on which the Code of Criminal Procedure (Amendment) Act, 1991, receives the assent of the President, with respect to an offence alleged to have been committed during the period while a Proclamation issued under clause (1) of article 356 of the Constitution was in force in the State, shall be invalid and it shall be competent for the Central Government in such matter to accord sanction and for the court to take cognizance thereon.] * As per the amendment Cr.P.C. 2008.

(4) The Central Government or the State Government, as the case may be, may determine the person by whom, the manner in which, and the offence or offences for which, the prosecution of such Judge, Magistrate or public servant is to be conducted, and may specify the court before which the trial is to be held.

Arrest of women after sunset & before sunrise to be prohibited except in unavoidable circumstances. Police will have to give information about the arrest of a person to anyone nominated by him/ her. Judicial inquiry will be mandatory in case of death or disappearance of a person or rape of a woman while in police custody. State governments will have to establish a Directorate of Prosecution.

Mandatory provision is for the release of person on the execution of a bond without surety, if the arrested person is accused of a bailable offence & he/she can't afford the

surety. Under trials will not be detained beyond the maximum period of imprisonment for the alleged offence strengthening of legal provisions to ensure peace, harmony & tranquillity in the country15.

Conclusition: Hence the United Nations Office of the High Commissioner for Human Rights (OHCHR) decisions to establish ISO 26000:2010 SOCIAL RESPONSIBILITY STANDARD in the member States to Streamline the regularities envisaged in UDHR and INTELLECTUAL PROPERTY RIGHTS for taking appropriate action against the wrongdoers of Human Rights and Intellectual Property Rights. will be very difficult and there is possibility to be kept silent and be a paper board, if there is no change and amendments in the local municipal laws of the member states, since there are a lot of procedural lacunae in the existing Municipal laws of the member states. In brief, the positive steps to be taken by the United Nations Office of the High Commissioner for Human Rights (OHCHR) are to be welcome by the member states.

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http://sanesociety.wordpress.com/2009/01/08/the-code-of-criminal-procedure-amendment-bill-2008/ 25.04.2011

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1. The Code Of Criminal Procedure (Amendment) Bill, 2008 2. H.M., Seervai, Constitutional Law of India- A Critical Commentary, Vol-ii, Universal Law Publishing Co. , 4th edition, Delhi, 1993 3. Malik, Surendra, SUPREME COURT EDUCATIONAL INSTITUTIONS CASES, Eastern Book Company, 1st edition, Lucknow, 2005 4. Jain, M.P., Indian Constitutional Law, Wadhwa and Company, 5th edition, Nagpur, 2006. 5. Shukla, V.N. , Constitution of India, Eastern Book company, 10th edition, Lucknow , 2001 6. M.P. Raju , Conflict within, available at

http://www.hinduonnet.com/fline/fl2407/stories/20070420003702300.htm.
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9. http://www.unhchr.ch/html last visited on 20.04.2011 10. http://www.wipo.int/tk/en/hr/ dt.20.04.2011 11. http://www.iso.org/iso/home.html last visited on 20.04.2011 12. http://en.wikipedia.org/wiki/Social_responsibility 13. http://www.iso.org/iso/social_responsibility last visited on 20.04.2011 14. http://www.iso.org/iso/iso_catalogue/management_and_leadership_standards/so

cial_responsibility/sr_iso26000_overview.htm last visited on 20.04.2011

15. 2002(1) Criminal Court Cases 150. 16. 2003(1) Criminal Court Cases 406 17. 2004(2) Criminal Court Cases 514 18. 1997 MLJ (Cri) 655 19. AIR 1994 SC 1349 20. AIR 1997 SC 3017 21. http://sanesociety.wordpress.com/2009/01/08/the-code-of-criminal-procedureamendment-bill-2008 last visited on 20.04.2011

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