CONTEMPORARY ISSUES IN HUMAN RIGHTS BY - ADV. SHWETA SHAH
CONTEMPORARY ISSUES IN
HUMAN RIGHTS
AUTHORED BY - ADV. SHWETA SHAH
Contemporary
Issues in Human Rights
The term
‘Human Rights’ is a dynamic concept. These rights may be called the basic
rights, the fundamental rights, the natural rights or the inherent
rights. The principal objectives of both the Indian and International laws are
to protect the human personality and its fundamental rights.
One of the
most prominent definitions of the Human Rights has been inked under “The Protection of Human Rights 1993 (No.
10 of 1994)”, the Human Rights have been defined in the following way:
2 (1) (d) “Human rights” means 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 courts in India.”
India has also enacted the protection
of Human Rights in the HUMAN RIGHTS
ACT, 1993 and also constituted the National Human Rights
Commission, the State Human Rights Commission in different States and Human
Right Courts.
In spite of these apparently fixed
positions, some shifts are also visible in each perspective of human
rights. Violation of human rights in India is now seen as violations of
the democratic principles enshrined in the Indian Constitution as well
as violation of India’s international commitment of humanitarian international
law and international covenants.
The analysis of the human rights
should be made from three perspectives:
·
The
Socio-Economic dimension of Human Rights in India,
·
The
legal dimension of Human Rights in India and
·
The
role of international organizations and NGOs in promotion of human rights.
All
throughout the ages people have been governed by rulers who followed different
system and forms of government and used their power and authority to suppress
the common people. It was only in 1947 when India got its independence from the
British rule and adopted democratic form of government which encouraged India
to get its new face. Now even after 70 years of Independence, India still
continues to suffer from significant issues and loopholes in enforcing these
human rights, despite framing many laws and policies and promising and making
commitments to tackle the problems.
Human Rights in simple sense refers
to the certain basic or fundamental rights which are universal for humanity and
is entitled to each person of our society irrespective of Caste, creed, color,
race, origin, sex, religion etc. The Principle Objective of human rights for
protection of human life and liberty, to preserve the dignity of people, promoting
healthy development, maintaining equality etc. In India the violations of human
rights is equal to the violations of the democratic principles which is
enshrined in the constitution of India. Human rights are no longer the concern
of any particular country and have become an international issue. The United
Nations has adopted a charter of Human Rights for the respect of people and on
10th December 1948, the UN adopted the Universal Declaration of Human Rights
for the protection of Human Rights. India was a signatory to the Universal
Declaration of Human Rights, but the violations and atrocities are still
prevalent. Due to this wide scale violation of human rights like extra-judicial
killings, custodial deaths and atrocities by the security force particularly in
Kashmir, the Indian Government set up the NHRC (National Human Rights
Commission) in 1993.
There are numerous incidents related
to the loopholes and issues of human rights. Handful of them are elaborated below.
Issue No. 1: WOMEN RIGHTS
“Our hopes for a more just, safe, and peaceful world can only be achieved
when there is universal respect for the inherent dignity and equal rights of
all members of the human family.”
– UN Women Executive Director
Phumzile Mlambo-Ngcuka
With the rising crimes, violations,
scams and scandals, human rights are being violated and taken for granted and
in the recent years conditions have become worst and deteriorated in India.
Violence against women is increasing at an alarming rate and they are at a high
risk of sexual harassment, trafficking, and forced labour including violations
of equal participation in political, economic and social life. In fact the
recent molestation case in Bengaluru was shocking and condemned by all sections
of our society. The circumstances for women rights and their freedom seems to
have worsened, with not only people committing women rights violations but also
powerful politician and police who are easily compromising with the security of
women. The topic reminds of the unfortunate incident reminds about the Nirbhaya
Case, one of the most heinous crime of gang rape of a young women which took
place on 16th December 2012. Despite the various strong laws and acts framed by
the government, women across India still continue to suffer from domestic
violence, acid attacks, rape, Dowry harassment, Sexual harassment at the
workplace, murder etc.
The landmark judgment in the case of Vishaka
Vs. State of Rajasthan, 1997.This case came before the Supreme Court as a
Public Interest Litigation against State of Rajasthan and Union of India by
Vishaka and other women groups. The petitioners demanded enforcement
fundamental rights for working women under Articles 14, 19 and 21 of the
Constitution. The judgment also provided basic definitions of sexual harassment
at the workplace along with provided guidelines to deal with the same. Also threw
light on compliance mechanism and women workers’ initiative.
Issue No. 2: CHILD ABUSE
"One in four children being
victimized? That's about seven children in every classroom. That's a
significant proportion of the population."- Wendy Craig
Child abuse is one of the worst forms
of human rights violation that is prevalent in societies all across the globe.
It deprives a child of the right to live peacefully, and without any fear.
Child abuse may take numerous forms such as bonded labor, sexual abuse,
pornography and prostitution, drug trafficking, forced recruitment of children
into armed conflict, and so on. Research tells us that most children who seem
to undergo various forms of child abuse belong to socially underprivileged
classes. However, this is not always the case. Sexual abuse, for instance, may
take place in the child's school, playgroup or even at home.
This topic takes aback reminding
about the most recent threatening case of the little 8 year old Asifa Bano, the
Muslim girl child being gang raped and murdered.
Issue No. 2: SAFETY SECURED?
A heart shaking incident which
violated the right to security of people was Indore-Patna’s deadliest train
accident which took place on 20 November 2016. This accident took the life of
more than 150 people and over 200 people got injured. This accident was one of
the deadly derailments of the year. It was one of the worst rail accidents in 6
years. The Main reason of this deadliest accident was because of the casual
behavior of the politician of our country who is accountable to the people’s
security. Because of their casual behaviour and lenience towards their work,
the outcome was that the innocent people who have voted for such politician to
be their representative had to sacrifice with their life. Although the Union
Rail Minister Suresh Prabhu presented a fancy rail budget for the year 2016 but
the bitter truth lies in the fact that Indian Railway which carries more than
13 million passengers daily still has a very poor safety record, with thousands
of people dying in accidents every year. There are several such issues which
have remain unsolved and even seldom unnoticed because of the political fights
or negligence on the part of politicians.
Issue No. 3: TERRORISM
Today, terrorism is the most crucial
issue that is violating a basic human right of hundreds and thousands of people
to live a secured life with peace and harmony. Actually, in case of terrorism,
human rights violation is a catch-22 situation. These useless and criminal
terrorists violate the human rights of many citizens. Protection of human
rights thus, should aim at putting in an effective counter-terrorism effort,
which will safeguard human rights, protect democracy, and uphold the rule of
law in the society.
Then widespread protests erupted in
the month of July 2016 after the killing of Burhan Wani, a militant leader of
Kashmir in an encounter with the Indian Security forces. In this incident more
than 85 people lost their lives and over 13,000 civilians and 4,000 security
personnel got injured. This incident created high turmoil and continuous unrest
in the state.
Another major attack took place on 18
September 2016 at an army base in Jammu and Kashmir’s Uri near the Line of
Control, killing at least seventeen soldiers. It was one of the deadliest
terrorist strikes on security forces.
Issue No. 4: RIGHTS OF SCHEDULED CASTES AND SCHEDULED
TRIBES PROTECTED?
In June, Security forces that were
operating against Maoist insurgents were accused of serious human rights
violations like sexual harassment and killing of innocent tribal villagers.
According to a report given by National Commission of Scheduled Tribe, security
forces in Odisha killed five tribal villagers including children and claimed
that they were killed during anti-Maoist operations. A tribal women of
Chhattisgarh’s Sukoma district was forcefully abducted by security personnel
and was gang raped and ultimately killed and it was alleged that she was killed
in gunfight with armed Maoists.
Issue No.5: RACIAL DISCRIMINATION!
"Racism is man's gravest threat
to man - the maximum of hatred for a minimum of reason."
- Abraham Joshua Heschel
- Abraham Joshua Heschel
A violent protest erupted in the
month of January 2016 after the suicide case of a 25-year-old Dalit student
named Rohit Vemula and this case sparked nationwide protests which entrenched
caste based discrimination. Many students and activist stormed on the streets
and protested for reform in higher education. Discrimination on ethnic or
cultural basis amounts to racism, and is a serious matter concerning violation
of human rights. Racism may occur in the society at various levels, right from
school to the workplace. It is a notion that considers one race superior to the
other and hence, gives rise to conflicts leading to humiliation, torture, and
sometimes, death. Violent instances of racism have been witnessed more in
societies with low levels of tolerance for other ethnic groups.
Issue No. 6: HUMAN TRAFFICKING
"Human traffickers lure
individuals into trafficking by using force, fraud or coercion. The age, race,
economic bracket, education level, social standing or citizenship of victims
does not make a difference. Once trafficked, they are placed into forced
labor... Prostitution seems to be the leading money-maker for traffickers” -"Sister
Jean Okroi”
Human trafficking is the second
largest, and one of the fastest growing crimes in the world. It leads to what
may be called 'modern-day slavery', and involves illegal and sometimes forced
or fraudulent trade of men, women, and children. People thus sold, are then
made to enter the vicious circle of bonded labor, flesh trade or even drug
trafficking. The estimates of the U.S. government tell us that every year;
around 15,000 to 18,000 foreign nationals are illegally smuggled into the
country, especially in the state of Illinois, the hub of human trafficking.
More often than not, people belonging to the poor and underprivileged classes
fall prey to such acts, as they seem to be easier and more accessible targets.
However, it should be noted that the web of human trafficking is spread far and
wide, and any ignorant person may be victimized.
Issue no. 6: CUSTODIAL DEATHS
"Prisoners are sent to prison AS
punishment, and not FOR punishment". - British prison Commissioner Paterson
The
statement focuses aptly on the issue of human rights violations that prisoners
have to face within numerous prisons, across the globe. The prisoners have to
undergo not only physical tortures within premises of the jail, but also a
considerable amount of mental harm. While many governments nowadays have
recognized the importance of basic human rights for the jail inmates, there are
numerous others that still treat their prisoners in an inhuman manner. Worst
still, is the condition of the prisoners of war, and other 'suspected' criminals
captured by some nations. A classic example is the American detention center in
Guantanamo Bay in Cuba, where, according to the U.N. reports, large-scale human
rights violations took place.
In India, almost 900 judicial custody deaths recorded
in 2017, reveals RTI: Maharashtra tops chart of deaths in police lock-ups.
Issue No.
7: RIGHTS
OF THE DISABLED
"We
know that equality of individual ability has never existed and never will, but
we do insist that equality of opportunity still must be sought."
- Franklin D. Roosevelt
- Franklin D. Roosevelt
It has been estimated that approximately 10 per cent of the world's
population is disabled; that calculates to roughly around 600 million people.
Further, more than 67 per cent of the disabled population resides in the
developing and the underdeveloped countries. This shows how closely disability
and lower standard of living are related. The disabled people have to go
through a number a problems including the one of social exclusion, alongside
others such a violence, deprivation from education and employment, and so on,
thus violating their basic human rights. Especially, disabled women and
children are more vulnerable to human rights abuses.
Issue No.
7: ENVIORNMENTAL
RIGHTS
"As
human beings, we are vulnerable to confusing the unprecedented with the
improbable. In our everyday experience, if something has never happened before,
we are generally safe in assuming it is not going to happen in the future, but
the exceptions can kill you and climate change is one of those exceptions."-
Al Gore
Although the link between climate change and human rights seems very
far-fetched, a deeper study indicates that both these are very closely
interconnected. Climate change is indeed a serious environmental issue
hampering human rights. The basic Human Rights of food clothing and Shelter are
indirectly and in some cases even directly correlated with the Environment. The
Office of the High Commissioner for Human Rights (OHCHR) has cited the safety
of marginalized groups from climate change as one of the major human rights
issues. Extreme climatic changes could result in a large number of people
suffering from malnutrition, water shortage, droughts, heat waves, epidemics,
loss of livelihood, and permanent displacement. Also, natural disasters such as
hurricanes, tsunami, earthquakes, and floods result in the deaths, incurable
injuries, and homelessness of many people.
Conclusion-
Apart from the issues mentioned
above, those of right to basic amenities of food, clothing and shelter, and
right to education and employment continue to top the list of human rights
issues. The talk isn’t only about the abovementioned issues if Human Rights but
also there are several issues and challenges that have occurred and ended with
the violations of human rights. It seems that Government needs to be time and
again, remind that they are accountable to the people as well as towards the
security of the people. Now the issues of Women empowerment have been taken up
as a Human right issue. It is high time that women in our society should be
treated at par with men in all the field of our society. In the recent years
the government of India under the leadership of Prime Minister Narendra Modi
has taken important strides especially with the legal reform with respect to the
treatment of women, Dalits and various vulnerable groups. Some of the
initiatives launched by the Honorable Prime Minister Narendra Modi are “Beti Bachao Beti Padhao”, UJJAWALA– a comprehensive scheme for
the prevention of trafficking and Rescue, “Stand-up
India” scheme for Women, Scheduled Caste, Scheduled Tribe and many others.
Apart from the various schemes, laws, Acts launched by the Government but still
in many areas the government continued to fall short, both with respect to
legal reform and implementation. Government still needs to pay more attention
towards reforming laws and policies and check whether it is properly carried
out by the way of judiciary. There is a dire need to sensitize the women,
children, youth and various other communities of the people to spread about
human rights and different ways to break its shack However many steps are taken
in action by the Indian Government to resolve the issues with the help of the
National Human Rights Commission, New Delhi. The ones listed on their website
are Promotion and protection of all human rights, civil, political, economic,
social and cultural rights, including the right to development. Now the
citizens have the web access to complaint about any issue or violation of Human
Right on their site and besides to drag the wrong does to the courts of law to
ensure the justice.
We, as citizens of the global community, need to take an active part in
eliminating the vices leading to the violation of human rights, and in making
the world a better place to live.