Human Rights
Ratan Chandra Gupta
General Secretary
City Montessori School, Lucknow, India
Former Joint Secretary, Law and Parliamentary Affairs
Government of U.P., India
"To her fair works did nature link
The human soul that through me ran;
And much it grieved my heart to think
What man has made of man.
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If this belief from heaven be sent,
If such be nature's holy plan,
Have I not reason to lament
What man has made of man?"
— William Wordsworth
Through acts of commission and omission the right of human beings are subjugated or trampled on by fellow homo sapiens. In the 20th century the World saw two bloody world wars and countless other conflicts. Dr. Kofi A. Annan, the then Secretary General of the United Nations, had in a message dated 24th October, 1999, on the occasion of the United Nations Day, admitted that 'It is shocking to think that almost half of us – three billion out of six billion – are entering the new era in abject poverty, with less than two dollars a day or less, to live on'. He added 'It is also shocking that people in so many places today are exposed to violence and brutality. The twentieth century has been the most murderous in human history'. He expressed the hope that twenty-first century will be more peaceful and more humane. But, alas, the dawn of the 21st century witnessed the horrors of terrorism and brutality of man to man on 9/11 and, as a consequence thereof, the misery of a large number of families.
The new millennium is facing new problems which are multiplying faster than the efforts to contain them, adding to the misery of humankind. Terrorism and lawlessness have raised their heads. There is insecurity in the minds of people, not only because of fears of wars, but because of constant apprehension to terrorism around the world. Terrorists have the whole world as their field of operation. They can be anywhere, they can be everywhere. India has been, and is, worst sufferer of cross-border terrorism. There is danger of nuclear arsenal falling in the hands of terrorists. Measures to contain terrorism cost billions of dollars to the world economy, by way of deployment of additional security forces and providing more sophisticated equipment to security personnel. This deprives humanity of the large amount of resources which could have been utilized for their well being in various welfare activities, for alleviating poverty, hunger and disease and for providing education, potable water, housing and their all round development to live with dignity. At the cost of welfare activities, India has to spend large resources on defense against hostile neighbour and to combat cross border terrorism.
India is a big country with a population of about 1.10 billion people. It is a country of ancient civilization with rich cultural heritage and many customs, traditions and practices. As such there are many aspects of human rights in India. There is increasing awareness for realization of basic human rights among people living in India as in various parts of the world. Such awareness has created expectations amongst the people and they are clamouring for a new social order where the enjoyment of human rights will not remain confined to a fortunate few, but will encompass every human being irrespective of their caste, creed, race, language, colour, region, position or wealth. Although efforts have been made in this direction by the United Nations by adopting several International Human Rights Instruments and, in turn, by the national governments of various countries of the world by making provisions in their constitutions, but there can be no doubt that much remains to be done so that human rights become meaningful for the large masses of the people by ensuring their implementation and such provision do not remain confined to Instruments or constitutions. In India National Commission on Human Rights watches violation of human rights.
Most important human rights include right to life, dignity, liberty, freedom, justice, equality without discrimination on grounds of caste, creed, race, language, colour, birth, nationality, region and position or wealth, and also include right to development and right against exploitation. The Universal Declaration of Human Rights adopted by the United Nations on 10th December, 1948 outlines these human rights with a view to securing their universal and effective recognition and observance among the peoples. The United Nations has also adopted several other Human Rights Instruments, such as, International Covenant of Civil and Political Rights, the International Covenant of Economic, Social and Cultural Rights, Convention of the Rights of the child, Convention on the Elimination of Discrimination against Women, etc.
The realization of various human rights is not possible without proper all round development. The right to development constitute the culmination point of the evolution of the concept of human rights. The realization of the right to development is intended to secure integral development of the individual bringing about his multi-dimensional progress and development, which alone can ensure basic human dignity and complete self-fulfilment which is the objective and goal of human rights. The thesis of Amartya Sen, the noble laureate, on 'development as freedom' is the justification for the aim to secure freedom, well-being and dignity of all people everywhere.
Development cannot be measured in terms of national income alone, it has to ensure that the benefits of development reach to each and every person, who are not deprived of food, shelter, clothing, healthcare, potable water and other basic necessities of life. Poverty is the worst form of curse. UNHDP report declares, "Human Poverty is more than any poverty — it is denial of choices and opportunities for living honourable life". The conventional method of measuring poverty in terms of per capita income or consumption gives only a partial picture. In fact, poverty has many non-income dimensions which include powerlessness, vulnerability, humiliation, isolation, frustration, discrimination and inequality, lack of autonomy, self-respect and self-esteem, lack of productive assets, deprivation of bare minimum needs, such as food, shelter, potable drinking water, education and medical facilities. For a person who is unfed, homeless, unemployed and illiterate, many of the human rights have no meaning. Many countries in south-east Asia and in Africa have a sizeable population living in abject poverty with much less, and much less, 'than two dollars a day'. Therefore, if we want to restore human rights to such a sizeable population, we have to alleviate poverty. One of the core issues identified in Millennium Development Goals is poverty eradication. The targets of the Millennium Development Goals are set to be achieved by the year 2015. Viewing the present situation when 5 years have elapsed leaving 5 more years, achieving the Goal in respect of poverty eradication seems a distant dream. The benefits of various schemes and projects have not reached to people at grassroot level or have reached in negligible percentage. Corruption at the level of government agencies is the root cause of the failure. Another factor is lack of education because of which people in rural areas of India have no knowledge about various economic and welfare schemes. Therefore, there is urgent necessity to educate people and create awareness.
Mary Robinson, United Nations High Commissioner for Human Rights (1997-2002) said "Human Rights are inscribed in the hearts of people; they were there long before law makers drafted their first proclamation,' Indeed, human rights were respected in all ancient civilizations. In modern times too, many civilized countries had provisions thereof in their constitutions or conventions. After adoption of Universal Declaration of Human Rights in 1948 many countries, especially those which gained independence thereafter, included in their Constitutions the provisions relating to human rights. In the Constitution of India, there is a whole chapter on 'Fundamental Rights', encompassing therein vision and philosophy of India and fundamental human rights. Articles 14, 15, 16, 17, 19, 20, 21, 23 and 24 of the Constitution contain provisions regarding Fundamental Rights which are enforceable. Article 32 of the Constitution of India provides for remedies for enforcement of these rights by way of the right to move the Supreme Court by appropriate proceedings for the enforcement of these rights. In addition, there are a number of other rights contained in a separate Chapter under the title 'Directive Principles of State Policy'. Though these rights are not strictly enforceable in a court of law like the 'Fundamental Rights', they provide guidelines for the State to follow those principles in legislating and implementing laws. Besides, the Supreme Court of India has ruled that the rights embodied in the Chapter relating to 'Directive Principles of State Policy' are as equally essential features of the Constitution of India as 'Fundamental Rights' and are fundamental in the governance of the country and all the organs of the state are bound to enforce those directions. Thus, in India there are adequate provisions in the Constitution for protection of human rights. The courts protect these rights. However, in many cases the courts are not approached owing to poverty, illiteracy and ignorance.
Dispensing justice to all, irrespective of the financial standing or education, and to the weaker section, is essential for protection of human rights. In this connection, Mr. Justice P.N. Bhagwati, Former Chief Justice of India and Chairman of U.N. Human Rights Committee, Geneva, exhorting members of world judiciary at an International Conference of Chief Justices on Article 51 of the Constitution of India (relating to international peace and security) held at Lucknow, India, has said "Let me tell my brother judges, the hands of a great judge are not tied. You can always find ways and means, if you are creative, if you are imaginative and if you have the public interest at heart. Therefore, resolve to yourself that you are working for justice for not only for those who come before you, or can come before you, but justice for every one, for the common man." As Chief Justice, he developed comprehensive human rights jurisprudence for India. He developed in India the strategy of Public Interest Litigation for dispensing justice to the common man.
The World over the politically dominant sections and people with money and muscle power exploit the weak and weaker sections of the society for their greed and power and position. Atrocities against women are common in many countries including India. Trafficking of women and children is widely prevalent in many parts of the world, especially in poor countries. Children are abducted and abused. In many cases children are maimed to use them for begging and in some cases even killed and their vital parts are smuggled for transplantation in rich people. In civil and ethnic wars in African countries young children have been used as soldiers to their utter suffering. Owing to such wars a large number of children have become homeless and pass their days on streets. These wars have created refugee problem, problem of stateless persons. The Convention on the Rights of the Child is in place, but it requires strict implementation. In case the national governments cannot enforce these rights, then there should be some international authority to make them bow against international pressure. In poor or mis-governed countries and virtual dictatorship, people have to undergo nightmarish experiences of want and misery.
According to UNDP Position Paper on Child Labour, India accounts for the largest number of child workers in the world, majority of which is engaged as agricultural labourers. A large number of children are engaged as domestic help and many run-away children can be seen working in road-side restaurants and eateries on nominal wages. Besides, they also work in industries including carpet factories, glass industry, leather factories, hosiery units, brass industries, etc. The Government of India has passed several laws prohibiting child labour, especially in specified hazardous occupations and processes. Besides, several measures have been taken in this regard. The root cause of the problem of child labour is poverty. In the root of growing criminality of children is also poverty.
In Indian mythology women have been regarded with high esteem and given place of pride. But, on the contrary, they are mostly subjected to discrimination and harassment. Domestic violence makes their position pitiable within the family. The Government of India has passed law against this malaise. But the result is not perceptible owing to illiteracy, poverty, family and social structure. Dowry is another menace which poor parents of girls are subjected to give, in the form of money, jewellery and other household articles, to the family of the groom on the occasion of marriage. Many cases of bride burning and dowry deaths are reported, inspite of legislation prohibiting dowry. This requires social awakening. However, National Commission for Women at the central level and such commissions at the level of provinces are playing their part for creating awareness and recommending strict action under penal laws. It is a matter of consolation that there is now greater awareness and awakening among women about their rights. The number of school going girls has been increasing and girls are doing better than boys and excel them in many regions of India, especially in urban areas. They are gainfully employed in many fields, including education, industry and various professions and are holding senior positions. In the local bodies at village level there is reservation for women. And, now, there is a move for their reservation in state legislatures and in national Parliament.
As regards reservation, prima facie, reservation is against the widely acknowledged policy of equality without discrimination. While reservation in the Legislatures and government jobs can be justified for raising the status of downtrodden and weaker sections of society, but it should not go on for all times to come. In India such reservation is going on since coming into force of the Constitution of India about sixty years ago. In India, since ancient times Hindu community has caste system in which some of the castes are categorized as lower caste and some as backward caste and the rest as upper caste. Various castes are vying for their inclusion in the category of 'lower castes' or in the category of 'backward class' to reap the benefit of reservation inspite of their sound financial position and numerical strength. Economically weaker members of so called upper castes, weaker than many belonging to backward class, find no such favour of reservation.
In the present era there should be no place for division of people on the basis of caste. Therefore, efforts should be made to free the society from such division. But, on the contrary, the issue of reservation is creating wider gulf in the society. It is, therefore, necessary that people with lower social status be given special facility of education to bring them at par with people belonging to upper social status. Young meritorious students belonging to so called upper caste are, in many cases, victims of reservation and this creates a sense of frustration in such youth as they feel that justice has been denied to them. It now appears very difficult to reverse the provision of reservation on the basis of caste or class. It is hoped that sooner or later, the U.N. Human Rights Council shall look into this matter.
Natural resources, such as air, water and land are fundamental to all forms of life and they are much more than money and economic infrastructure. To a large number of humanity, natural resources are the base of livelihoods, which is fundamental aspect of human existence and, therefore, their maintenance and enhancement is a fundamental human right. Destruction of environment and thereby of the natural resources is violation of human rights – directly by undermining the aspect of human existence or indirectly by leading to other violations of human rights, for example, through social disruption, conflicts and even war. Millions of people have increasingly been forced to live far below the minimum level required for a decent human existence. Development which was supposed to alleviate problems, has often increased them, especially by allowing the powerful sections of society to appropriate the natural resources of poor and resource-dependent people. Environmental degradation has led to global warming and climate change which has affected crop productivity through change in temperature, rainfall and pest abundance. A report of United Nations Environment Programme, Global Environment Outlook-4, states that consumption levels are fast depleting world resources as regeneration has been outpaced by what humans are burning up. Put differently, we are living way beyond our means, consuming 40% more than what earth can sustain. The Copenhagen Accord signed in December last is said to be a step further in solving the problem of global warming. Now let us watch for the next meeting to be held in Mexico. India has a large number of laws on environment and related laws and policies. However, the situation world over is appalling and there is need for greater awareness.
According to ancient Indian scriptures the whole world is one family – all humanity is one undivided and indivisible family. It is, therefore, our duty to work for development of humanity by protecting human rights. But there can be no development without peace. Lasting peace is a pre-requisite for the exercise of all human rights – peace in which all world citizen live together in freedom, justice, equality and in happiness and none is deprived of basic needs of sustenance. Schools have important role to play in helping children who will become citizens of the future to develop awareness of world issues, in particular peace and human rights issues.
Children are common denominator for all societies, for all nations. It is our bounden duty and obligation to preserve this world for the sake of children and future generations. Therefore, we have to create conditions so as to assure our dear children that they will survive into healthy adulthood and there will be viable world environment to sustain them and future generations. If we value our lives and those of our children, we must wake up and work towards bringing about a world order – a world where there will be rule of law for over six billion people of the world to live with dignity and to have freedom, equality, justice and sustainability. The earth will then regain its beauty and children will grow in love, not in fear.