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Human Rights In National And International Scenario And Some Of Its Case Studies And Case Laws (By-Tamojit Ghosh)
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Article Details
Human
Rights In National And International Scenario And Some Of Its Case Studies And
Case Laws
Authored By-Tamojit Ghosh
LL.M. 2nd Year
SIDHO-KANHO-BIRSHA UNIVERSITY
Abstract
Human Rights are rights that attached to human beings and function as
moral guarantees in support of our claims towards the enjoyment of minimally
good life. In conceptual terms, human rights are themselves derivative of the
concept of a right. The validity of human rights is closely tied to, and
depended upon, the legal codification of human rights. This paper focuses on
various national and international legal instruments to ensure the protection
of human rights of all the citizens of the country particularly the vulnerable
and marginal sections of the population. Human Rights claim validity everywhere
and for everyone, irrespective of whether they have received comprehensive
legal recognition, and even irrespective of whether everyone is in agreement
with claims and the principles and basic norms of human rights.
Keywords: Derivative, instrument, marginal, recognition, vulnerable.
Introduction:
Today the range of Human Rights
becomes vaster than the earlier days. Without human rights no one can exist in
the present society. The human rights are prevailed in our Constitution by the
term “Fundamental Rights” and in some other related articles. Being a signatory
of International Human Rights Convention, India enacted an Act known as
“Protection of Human Rights Act, 1993”. The Fundamental Rights are become very
much integral part in our life. It is not only specified in our Constitution
but also in Universal Declaration of Human Rights, 1948 (UDHR), International
Covenant on Civil and Political Rights, 1966 (ICCPR) and on various other
conventions or protocols. In this aspect, India takes various effective steps
to augment the status of citizens in India. Though UDHR plays a very
significant role of its own, but
International Labour Organization (ILO) initiated the conventions much earlier
on the rights of workers like on the basis of abolition of forced labour and
forming unions and organizations to resolve disputes and most of the countries
framed a legislation in this regard.
Human rights were made explicit and
systematically elaborated and codified in the 17th and 18th century although
individual rights were hinted at as early as the Magna Carta (1215 A. D.), the
English Petition of Rights (1628) and the English Bill of Rights (1689) were
the early documents establishing civil liberties. The idea of individual rights
and freedom was further embodied in the U.S. Declaration of Independence (1776)
in the Bill of Rights and in the French Declaration of the Rights of Man and of
the Citizen (1789).
Thus the expression “Human Rights”
has its origin in International law. For all practical purposes, the genesis of
this international aspect of human rights is not older than the second world
war, though the concept of individual having certain inalienable rights as
against a sovereign state had its origin in the past, in the doctrines of
natural law and natural rights.
Review Of
Literature:
Kalse. A (2016)[1]:
The respected speaker tries to highlight about the framework of social order by
implementation of various laws without which well-ordered social life would not
be possible. The researcher mentioned protection of human rights is a necessity
for the development and growth of an individual personality, which ultimately
contributes in the development of the nation as a
whole. It is an
internationally recognized issue and various international instruments have
been established for the protection of human rights.
Shajimon[2]:
In his article the researcher highlighted on the history of human rights which
is contemporary to the development and evolution of early man. The concept of
human rights as it is understood today has evolved over the centuries ago. The
researcher also explained that the concept of human rights from a historical
perspective, it would be seen that it is neither entirely western nor so
modern, rather it is the crystallization of values that are common heritage of
mankind. The human rights were reformed to as civil rights, political rights,
personal rights, legal rights, natural or divine rights, economic and social
rights in ancient period. Hence, there is a variety of expression, like
'inherent rights, 'natural rights', 'inalienable rights', 'basic fundamental
rights', which are interchangeable terms to express the rights that a human
being possess. mankind in essence are alike, what is therefore possible for one
is possible for everybody.”
Concept Of
Human Rights And Its Origin And Development In India:
The term “Human
Rights” has been defined various times in several documents. The concept of
Human Rights in India originated long time ago. It can easily be recognized
from the principles of Buddhism, Jainism. Hindu religious books and religious
texts like Gita, Vedas, Arthasatra and Dharmashstra also contained provisions
of human rights. Muslim rulers like Akbar and Jahangir were also very much
appreciated for his regard for rights and justice. During the early British
era, the people suffered a great violation of several rights and this led to
the birth of modern Human Rights jurisprudence in India.
One of most important explanations from those
as defined by Office of the United Nations High Commissioner for Human Rights
(OHCHR). Human rights are the rights inherent to all human beings, irrespective
of 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 any discrimination. These rights are all interrelated,
interdependent and indivisible.[3]
The judicially
enforceable Fundamental Rights which include all determining civil and
political rights and some of the rights of minorities are enshrined in part III
of our Constitution (Articles 12 to 35). These include the Right to Equality
(Art 14-18), Right to Freedom (Art 19-22), Right against Exploitation (Art 23
& 24), Right to Freedom of Religion (Art 25-28), Cultural and Educational
Rights (Art 29-30) and the Right to Constitutional Remedies (Art 32). The Right
to Education also becomes a right under Article 21A which was inserted under
the 86th Amendment Act, 2002.
In India, the protection of Human Right Act, 1993 came into existence on
28 September, 1993[4]. The Act provided for the
constitution of a National Human Rights Commission, State Human Rights
Commission, and Human Rights Courts for better protection of Human rights.
According to the section 2 (d) of the
Protection of Human rights Act, 1993 the act defined “Human Rights” to mean
the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the constitution or embodied in the International covenants and
enforceable by High Courts and Supreme Court in India.
Human Rights
In International Scenario[5]:
When a State
becomes a party to an International Human Rights treaty, it binds to the
obligations and duties under international law in respect to protect human
rights. Three of the most important international instruments pertaining to
Human Rights are collectively known as the International Bill of Human Rights,
those are as:
1. The Universal Declaration of Human Rights, 1948 (UDHR)
2. International Covenant on Civil and Political Rights, 1966 (ICCPR)
3. International Covenant on
Economic, Social and Cultural Rights, 1966 (ICESCR)
4. Optional Protocol. 1966
5. Convention on the Elimination of
All Forms of Discrimination Against Women, 1979 (CEDAW)
6.
Convention on the Rights of the Child, 1989 (CRC)
1. Universal
Declaration of Human Rights, 1948 (UDHR):
In the aftermath of World War II,
Eleanor Roosevelt led the U.S. involvement in the creation of the United
Nations, as well as the drafting of the Universal Declaration of Human Rights,
1948 (UDHR). Roosevelt’s diplomatic efforts with the Soviet Bloc countries in
particular assisted greatly in the final acceptance of the UDHR. On December
10, 1948 the United States voted in favor of the resolution to adopt the
Declaration before the United Nations General Assembly. December 10 became the
World Human Rights Day. It is also known as International Bill of Rights. It
proclaims precisely the civil, political and religious liberties men have
struggled for so long as well provides recognition to new economic and social
rights. It clearly states a common understanding of the peoples of the world
concerning the inalienable and inviolable rights of all members of human family
and constitutes an obligation for the members of the international community.
It was the first time in history that one document designated the basic civil,
political, economic, social and cultural rights to which all humans are
entitled. It has since been widely accepted by the international community as
the fundamental standard of human rights that all States should respect and
protect. Unlike other non-binding international human rights declarations, the
UDHR is so broadly accepted around the world that it established as the common
human rights norms. Virtually every international human rights instrument
references the UDHR, as do many declarations adopted unanimously or by
consensus by the U.N. General Assembly. UDHR consists of 30 very useful
articles containing civil, political, cultural, economic and social rights.
2.
International
Covenant on Civil and Political Rights, 1966 (ICCPR):
The ICCPR prescribes certain conduct
to protect civil and political rights of individuals or groups. It is important
to remember that civil rights and political rights are guaranteed by the
welfare states. India, being a welfare state, also guaranteed those rights to
protect the rights of every individual. According to ICCPR, Articles 6 provides
for a person’s “inherent Right to life”, and requires the same to be protected
by the law. It states that this is the most supreme right, and no exemption of
this is ever possible. It restricts to the most serious crimes. Article 8
prohibits slavery and forced labour. Article 9 assure the people arrested
recourse to courts and a fair trial happens for curbing their liberty and
lastly.
In relation to Procedural fairness
and rights of an accused Article 14 provides for a fair trial to everyone also
provides for other rights of the accused in a trial i.e. presumption of
innocence, forbids double jeopardy, right of the accused to appeal in a higher
court, right to be protected against self-incrimination and fair and speedy
trial. Relating to individual Liberties at the same time Article 12 provides
for freedom of movement, including the right of persons, Article 13 Forbids
arbitrary expulsion of resident aliens, Article 17 mandates the right of
privacy, Article 18 is about freedom of religion and belief and Article 19 is
about freedom of expression whereas Article 20 Provides that any propaganda for
war shall be prohibited by law. Simultaneously Article 21 & 22 provides for
the right of peaceful assembly, without restrictions in a peaceful democratic
society and everyone shall have the right to form associations, it also
provides for restrictions in the same manner as the previous Article. It also
provides that members of the International Labour Organization shall not have
or pass any law that prejudices the freedom that is guaranteed to citizens in
that Convention. The ICCPR is monitored by the United Nations Human Rights Committee (a separate body to the United Nations Human Rights Council).
3.
International
Covenant On Economic, Social And Cultural Rights (ICESCR) (Opened For Signature
On 16 December 1966):
In
contrast to the provisions in the ICCPR, the provisions in the ICESCR are
generally viewed as goals to which the parties agree to aspire. Article 23(1)
tells us about Right to work, to just and favourable condition of work, in
Article 23(2) Right to equal pay for equal work, in Article 26(1) Right to
education, in Article 23(3) Right to just and favourable remuneration, Article
24 about Right to rest and leisure, Article 25(1) is about Right of everyone to
a standard of living adequate for him and family and Article 28 is about Right
to proper social order. The Covenant is monitored
by the UN Committee
on Economic, Social and Cultural Rights.
The above two covenants i.e
International Covenant of Economic, Social and Cultural Rights, 1966 (ICESCR)
and the International Covenant on Civil and Political Rights, 1966 (ICCPR)
ensure equal right of men and women to the enjoyment of all civil and political
rights and economic, social and cultural rights set forth therein.
4.
The
Optional Protocol, 1966:
The Optional
Protocol to the International Covenant on Civil and Political Rights is an international treaty establishing an individual
complaint mechanism for the International Covenant on Civil and
Political Rights (ICCPR). It
was adopted by the UN General
Assembly on 16 December
1966, and entered into force on 23 March 1976. The Optional Protocol
establishes an individual complaints mechanism for the ICCPR similar to those
of the Optional
Protocol to the Convention on the Rights of Persons with Disabilities and
Article 14 of the Convention
on the Elimination of All Forms of Racial Discrimination. Parties agree to recognize the competence of the United
Nations Human Rights Committee (UNHRC) to consider complaints from individuals who claim their
rights under the Covenant have been violated. Complainants must have
exhausted all domestic remedies, and anonymous complaints are not
permitted. The Committee must bring complaints to the attention of the
relevant party, which must respond within six months. Following
consideration, the Committee must refer its conclusions to the party and the
complainant.
While not expressly provided for in the Protocol, the
UNHRC regards the recognition of its competence to hear complaints as imposing
an obligation not to hinder access to the Committee and to prevent any
retaliation against complainants. It regards its findings as authoritative
determinations of obligations under the Covenant, and their adoption as being
required in order to provide an "effective remedy" under Article 2 of
the ICCPR.
The Optional Protocol required ten ratifications to come
into force.
The Optional
Protocol to the International Covenant on Economic, Social and Cultural Rights is
an international treaty establishing complaint and inquiry mechanisms for the International
Covenant on Economic, Social and Cultural Rights. It was adopted by the UN General Assembly on 10 December
2008, and opened for signature on 24 September 2009. As of
October 2018, the Protocol has 45 signatories and 24 state parties. It
came into force on 5 May 2013. The Optional
Protocol establishes an individual complaints mechanism for the Covenant
similar to those of the First
Optional Protocol to the International Covenant on Civil and Political Rights, Optional
Protocol to the Convention on the Rights of Persons with Disabilities and
Article 14 of the Convention
on the Elimination of All Forms of Racial Discrimination.
Parties agree to recognize the competence of
the Committee on
Economic, Social and Cultural Rights to
consider complaints from individuals or groups who claim their rights under the
Covenant have been violated. Complainants must have exhausted all domestic
remedies, and anonymous complaints and complaints referring to events which
occurred before the country concerned joined the Optional Protocol are not
permitted. The Committee can request information from and make
recommendations to a party. Parties may also opt to permit the Committee to
hear complaints from other parties, rather than just individuals.
The Protocol also includes an inquiry mechanism. Parties
may permit the Committee to investigate, report on and make recommendations on
"grave or systematic violations" of the Covenant. Parties may opt out
of this obligation on signature or ratification.
The Optional Protocol required ten ratifications to come
into force.
5.
Convention
on the Elimination of All Forms of Discrimination Against Women, 1979 (CEDAW):
This Convention, the most
comprehensive treaty on women’s human rights, establishes legally binding
obligations to end discrimination. It provides for equality between women and
men in the enjoyment of civil, political, economic, social and cultural rights.
The Convention outlines ways to end discrimination against women by means of
law, policy and programs, as well as by temporary special measures to
accelerate women’s equality, which are defined as non-discriminatory (as with
the International Convention on the Elimination of All Forms of Racial
Discrimination).
6.
Convention
On The Rights Of The Child, 1989 (CRC):
The CRC lays down all the protected
rights of children in a single legally binding document. It re-configures
rights (civil, political, economic, social and cultural) with reference to
particular and special needs of children. The rights primarily fall into four
divisions- survival rights, developmental rights, protection rights,
participation rights. It was adopted by
the General Assembly on 20 November 1989 and entered into force on 2 September,
1990.
It is one of the most widely ratified
treaties in the international system. It is based on four core “general
principles” that in turn which inform and structure all of the other
protections granted by the CRC.
a) The principle of non-discrimination.
b) Devotion to the best interests of the
child.
c) The right to life, survival and
development,
d) Respect for the views of the child.
Human
Rights In National Scenario[6]:
1. Protection of Children from Sexual
Offences Act, 2012 (POCSO)
2. The Criminal Law (Amendment) Act,
2013 (Nirbhaya Act)
3. National Commission for Minorities Act, 1992
4.
National Commission for Women Act, 1990
5.
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
6. Bonded Labor System
(Abolition) Act, 1976
7. Juvenile
Justice (Care and Protection of Children) Act, 2015
8. Child Labor
(Prohibition and Regulation) Act, 1986
1. Protection of Children from Sexual
Offences Act, 2012(POCSO):
Until 2012, various provisions of IPC
were used to deal with sexual offences against
as the law did not make a distinction between an adult and a child. The POCSO Act, 2012 was passed by the Rajya
Sabha on 10th May, 2012 and in Lok Sabha on 22nd May,
2012. The act is a special law to protect children from sexual abuse and
exploitation. It provides protection to children below the age of 18 years from
offences of sexual assault, sexual harassment and pornography and provides a child-
friendly system for the trial of these offences. The act provides for stringent
punishments which have been graded as per the gravity of the offence. The POCSO
Act provides for the establishment of Special Courts for trial of offences
under the act, keeping the best interest of the child of paramount importance
at every stage of the judicial process (Section 28).
2.
The
Criminal Law (Amendment) Act, 2013 (Nirbhaya Act) :
It is
an Indian legislation passed by the Lok Sabha on 19 March 2013, and by the
Rajya Sabha on 21 March 2013, which provides for amendment of Indian Penal Code 1973, Indian
Evidence Act 1872
and Code of Criminal Procedure, 1973 on laws related to sexual offences. The Bill received Presidential
assent on 2 April 2013 and came into force from 3 April 2013. It was originally
an Ordinance promulgated by the then President
of India, Pranab Mukherjee, on 3 April 2013, in light of the
protests in the 2012 Delhi gang rape case which is noted as one of the heinous crimes in the world
criminal records.
3. National
Commission for Minorities Act, 1992;
The National
Commission for Minorities Act adheres to the United Nations Declaration of 18
December 1992 which states that "States shall protect the existence of the
National or Ethnic, Cultural, Religious and Linguistic identity of minorities
within their respective territories and encourage conditions for the promotion
of that identity.
4. National
Commission for Women Act, 1990;
The objective of the National Commission
for Women Act is to represent the rights of women in India and to provide a
voice for their issues and concerns. The subjects of their campaigns have
included dowry, politics, religion, equal
representation for women in jobs, and the exploitation of women for labour.
They have also discussed police abuses against women.
5. Scheduled
Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989;
The Scheduled Castes and the Scheduled
Tribes (Prevention of Atrocities) Act, 1989
is an Act of the Union Legislature enacted to prevent atrocities and
hate crimes against scheduled castes and scheduled tribes. The Act is popularly
known as the SC/ST Act, POA, the Prevention of Atrocities Act.
6. Bonded
Labor System (Abolition) Act, 1976;
The Union
Legislature enacted the Bonded
Labour (Abolition) Act, 1976 to
abolish bonded labour in India . As per
this act, trials for labour offences could be set up at local and national
levels by the Indian Judicial powers.
7. Juvenile
Justice (Care and Protection of Children) Act, 2015:
It replaced the
Indian juvenile delinquency law, Juvenile Justice (Care and Protection of
Children) Act, 2000, and allows for juveniles in conflict with Law in the age
group of 16–18, involved in Heinous Offences, to be tried as adults. This law,
brought in compliance of the 1989 UN Convention on the Rights of the Child
(UNCRC), repealed the earlier Juvenile Justice Act of 1986 after India signed
and ratified the UNCRC in 1992. In the wake of Delhi gang rape (16 Dec 2012),
the law suffered a nationwide criticism owing to its helplessness against
crimes where juveniles get involved in heinous crimes like rape and murder. In
2015, responding to the public sentiment, both the houses of parliament in
India further amended the bill that lowered the juvenile age to 16 and proposed
adult-like treatment for juveniles accused of heinous crimes. The lower house,
i.e. Lok Sabha passed the bill on 7 May 2015 and the upper house, i.e. Rajya
Sabha on 22 December 2015. The bill was approved by President Pranab
Mukherjee's assent on 31 December 2015.
8. Child
Labor (Prohibition and Regulation) Act, 1986:
Child Labour
(Prohibition and Regulation) Act, 1986 aims to eradicate any kind of child
abuse in the form of employment and prohibit the engagement of children in any
kind of hazardous employment, who have not completed 14 years of age. The Act
prohibits the employment of children in certain occupations and processes.
Judicial
Verdicts In The Light Of Human Rights:[7]
In a landmark case of National Legal Services Authority v. Union
of India,[8] the
Supreme Court has held that Article 14 does not restrict word ‘person’ and its
application to only males and females and hijras/transgender those who are
neither male nor female falls within the expression ‘person’. They are entitled
to legal protection of laws in all spheres of state activity including health
care, employment, education as well as equal civil citizenship rights, as
enjoyed by every other citizen of this country.
In another landmark case of Naz Foundation v. Govt of NCT of Delhi[9], the
Delhi High Court declared Section 377 of IPC, which criminalizes Homosexuality
in India, as unconstitutional and violative of fundamental rights guaranteed
under Article 14, 15 and 21 of the Constitution.
Later on, in Suresh
Kumar Kaushal & Anr. vs. NAZ Foundation & Others[10],
the Supreme Court of India struck down the decision of Delhi High Court and
keep the Section 377 of IPC on the legislature to deal with the legality of the
Section.
Relating to
Article 19 in Romesh Thapar v. State of
Madras[11],
Patanjali Shastri,CJ, observed that Freedom of speech & of the press lay at
the foundation of all democratic organization, for without free political
discussion no public education, so essential for the proper functioning of the
process of popular government, is possible. In this case, entry and circulation
of the English journal Cross Road, printed and published in Bombay, was banned
by the Government of Madras. The same was held to be violative of the freedom
of speech and expression, as without liberty of circulation, publication would
be of little value.
Then in Indian Express Newspapers v. Union of India[12],
it has been held that the press plays a very significant role in the democratic
machinery. The courts have the duty to uphold the freedom of press and invalidate
all laws and administrative actions that abridge that freedom. Freedom of press
has three essential elements. They are: Freedom of access to all sources of
information, Freedom of publication, and Freedom of circulation.
Under Article 21 there is a landmark
case Maneka Gandhi v. Union of India[13],
the Supreme Court gave a new dimension to Art. 21 and held that the right to
live the right to live is not merely a physical right but includes within its
ambit the right to live with human dignity.
Then in another
case the Supreme Court in Peoples Union
for Democratic Rights v. Union of India[14],
held that non-payment of minimum wages to the workers employed in various Asiad
Projects in Delhi was a denial to them of their right to live with basic human
dignity and violative of Article 21 of the Constitution. Bhagwati J. held that,
rights and benefits conferred on workmen
employed by a
contractor under various labour laws are clearly intended to ensure basic human
dignity to workmen. He held that the non-implementation by the private
contractors engaged for constructing building for holding Asian Games in Delhi,
and non-enforcement of these laws by the State Authorities of the provisions of
these laws was held to be violative of fundamental right of workers to live
with human dignity contained in Art. 21.
In Vishaka v. State of Rajasthan[15],
the Supreme Court has declared sexual harassment of a working woman at her work
as amounting to violation of rights of gender equality and rights to life and
liberty which is clear violation of Articles 14, 15 and 21 of the Constitution.
In the landmark judgment, Supreme Court in the absence of enacted law to
provide for effective enforcement of basic human rights of gender equality and
guarantee against sexual harassment laid down the following guidelines:
All employers or
persons in charge of work place whether in the public or private sector should
take appropriate steps to prevent sexual harassment. All government and private
companies and sectors must have Vishaka committee where if any kind of sexual
case comes before them, they will take the matter seriously and will take
effective steps.
Violation And
Restoration Of Human Rights In Foreign Countries:
SUSYA – KHIRBET SUSIYA:
Susya is an Israeli settlement of 1,000 people in
the far south of the west bank. It was established in 1983, beside an
archaeological site, on land belonging to the palestinian residents of Khirbet
Susiya village. In 2002, settlers established an “outpost” inside the
boundaries of the archaeological site and settlers then started to live there.
Visitors to the Susya Archaeological site gave a financial aid to the
neighbouring settlement that manages the ruins. Amnesty International and other organizations have documented
how the archaeological site and settlement, as well as these businesses, have
affected the lives of about 500 palestinian residents of that village. For
decades, they lived in homes among the ruins of ancient Susya, with farmland
all around. In 1982, the Israeli authorities declared the village land an
archaeological site and forcibly evicted the villagers. The families then moved
onto what remained of their land outside the archaeological
site. They did not receive any offer of alternative accommodation or
compensation. The palestinian villagers then began to live in tents and
temporary shelters. The Israeli authorities have refused to issue them with
building permits and in 1999, 2001 and 2011 demolished many of their new
shelters. The authorities also blocked water cisterns and wells, severely
impacting their right to access safe, affordable water. residents live with the
constant fear that their homes will be demolished and have been fighting a
legal battle for years to prevent this. However, in January 2018, Israel’s
Supreme Court ordered the demolition of several tents and shelters.
Despite the
historic and ongoing violations of the human rights of residents of Khirbet
Susiya, TripAdvisor and Airbnb have featured Susya on their websites and helped
Susya settlers promote their businesses to the outside world. In doing so, both
TripAdvisor and Airbnb have contributed to the economy of the settlement and
therefore to maintaining an illegal situation. The companies have also
contributed, indirectly to the human rights violations associated with these
settlements.
Centre for Constitutional Rights (CCR):
Since 1966, Centre for Constitutional Rights (CCR) has
pioneered daring and innovative legal strategies in pursuit of its mission to
advance and protect the rights guaranteed by the United States Constitution and
the Universal Declaration of Human Rights. Our work began on behalf of civil
rights activists, and since then CCR has lent its expertise and support to
virtually every popular progressive movement.
Many of the Center’s historic victories have established
major legal precedents – from Filártiga v. Peña-Irala, which
opened U.S. courts for victims of serious human rights violations from anywhere
in the world to Rasul v. Bush, which established the right of
Guantánamo detainees to challenge their detention.
Conclusion
The Indian
Constitution is a document rich with human rights jurisprudence. This is an
elaborate charter on human rights ever framed by any country in the world. Part
Ill of the Indian Constitution is the most essential part relating to human
rights. The Judiciary in India plays a significant role in protecting human
rights. The Indian Courts have now become the courts of the poor and the
struggling masses and left open their portals to the poor, the ignorant, the
illiterates, and the downtrodden or for every countryman.
Social activists have also started assisting
victims of human rights violations in their respective areas to approach
various forums for justice. Students under the programme are also getting
involved in human rights advocacy in their respective villages. But beside
those initiatives the government has also some responsibility to assure the
physical protection that is enshrined in our Constitution. A large number of
students have come out with striking revelations of change in their perception
and behavior as a result of the HRE program in their schools. Even substantial
efforts are therefore crucial to eradicate the social disparities and guarantee
of getting quality education on an equal basis. To closing down, there is an
utmost need for realizing that provision for universal access of those
facilities for ground level development and a fundamental condition in the
process of creating India as a developed society.
Thus, protection of human
rights is safeguarded both by stringent national and international instruments
in different forms. In this regard, the role of the three pillars in Indian
constitution is very important, these three pillars are the judiciary,
legislatures and the executives. Human Rights are so indirectly imbibed and embodied
among all the citizens of the country that no law can be successfully applied
without the proper cooperation and action by these three pillars. Apart from
all these acts, there are also few other acts which have been enacted like Right to Education Act, 2009
providing the provision of compulsory education of the children upto14 years of
age, Right to Information Act, 2005 providing
the right to every citizen to get the information from any state authorities.
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Article Information
Human Rights In National And International Scenario And Some Of Its Case Studies And Case Laws (By-Tamojit Ghosh)
Authors: Tamojit Ghosh
- Journal IJLRA
- ISSN 2582-6433
- Published 2022/09/29
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
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