Human rights are basically the rights that every person gets by being a human being. These are protected as legal rights from municipal to international law. Human rights are universal so they apply everywhere and all the time. Human rights are a set of norms that delineate certain standards of human behavior. Protected as legal rights in municipal as well as international law, these rights are known as informal fundamental rights which a person is entitled to simply because he is a human being.
Human rights are standards that articulate standards of human behavior. As a human being, these are the fundamental rights which everyone is naturally entitled to. These rights are protected by law.
Fundamental human right
Some basic human rights have been specially protected here. Which should be achieved by every person of the country, some such basic human rights are discussed below.
right to life
Everyone has the birthright to live their own free life. Every human has the right not to be killed by any other person.
Right to fair trial
Everyone has the right to a fair trial by an impartial court. This includes the rights of hearing, public hearing and managing lawyers etc. within a reasonable time.
Freedom of thought, conscience and religion
Everyone has freedom of thought and discretion, he is also free to choose his religion and is free to change it at any time.
Freedom from slavery
There is a legal ban on slavery and slavery. However, it is still being followed illegally in some parts of the world.
Freedom from tyranny
Torture is prohibited under international law. Every person is free from suffering.
Other universal human rights include freedom and personal protection, freedom of speech, competent tribunal, freedom from discrimination, right to nationality and freedom to change it, rights of marriage and family, freedom of movement, property rights, education rights, peaceful Legislative and Union rights, privacy, freedom of interference from family, home and correspondence, right to participate in elections in government and freely, right to opinion and information, right to adequate living standards, right to social security and social order The authority that expresses this document, etc.
However, many of these rights protected by law are violated by the people, even by the governments. However many organizations have been created to monitor human rights violations. These organizations take steps to protect these rights.
Universal human right
Human rights include the basic rights which are given to every human being, irrespective of their caste, creed, religion, sex or nationality. The detailed description of universal human rights is as follows:
The right to life, freedom and personal security
Right to equality
Right to defend by competent tribunal
Right to recognition as a person before law
Freedom from discrimination
Freedom from slavery
Freedom from tyranny
Freedom from arbitrary arrest and deportation
Right to be considered innocent until proven guilty
Right to a fair public hearing
Freedom of movement
Freedom from interference in privacy, family, home and correspondence
Right to asylum in other countries
Right to freedom to change nationality
Marriage and Family Rights
Right to Education
Right to own property
The right to form a peaceful gathering and association
Right to participate in government and in free elections
Freedom of faith and religion
Right to live
Right to participate in the cultural life of the community
Social security right
Desirable work and right to join trade unions
Right to leisure and rest
Freedom from state or personal interference in the above rights
Human rights violations
Although human rights are protected by various laws, they are still violated by people, groups and sometimes by the government. For example, freedom of torture is often violated by police during interrogations. Similarly freedom from slavery is called basic human right but slavery and slavery is still illegal. Several institutions have been created to monitor human rights abuses. Governments and some non-governmental organizations also investigate these.
Importance of human rights
In today's time, human rights are such a facility, without which our lives will become quite frightening and pathetic because without human rights we can be subjected to all kinds of oppression and we can be exploited without any fear. In fact, human rights have been very important not only in today's time but also in the history of the entire human civilization. In India too, citizens of many republican states had many special human rights in ancient times. Today, human rights ranging from prisoners to prisoners of war have been decided at the international level. These rights are overseen and regulated by many major international institutions and organizations.
If human rights are not there, then our life will be worse than animals, a direct example of this is seen in many dictatorial and religiously operated countries today. Where a person is sentenced to harsh punishment like death penalty only after expressing his views or making a small mistake because there is no human rights rule nor any kind of law, along with such countries Even after being punished, animals are also treated badly with prisoners.
On the other hand, in democratic countries, human rights are given a lot of importance and every person, whether it is a criminal or a prisoner of war, is given full opportunity to present his side, along with it, he is given basic facilities even when punished She goes. From this, we can guess how much human rights matter in our lives.
After the end of the Second World War, in 1948, a group of 48 countries signed a charter explaining the fundamental rights of the entire human race. It believed that human rights of the person should be protected at all costs. India also signed this Charter of the United Nations agreeing to this. However, it took 45 years to form an independent human rights body in the country and then in 1993 the NHRC ie National Human Rights Commission came into existence which periodically sends its recommendations to the Center and the States in the context of human rights abuses.
In the present day, the kind of environment prevails in the country, the discussion on human rights and its related dimensions becomes important. Incidents of mob lynchings across the country, gruesome acts with shelter girls in Muzaffarpur, Bihar and immediately after that in Deoria, Uttar Pradesh, have been seen to blow up human rights in the country.
Many controversial incidents such as riots after Operation Blue Star, sparks of protests in Maulana after Shahbano case, riots across the country after the demolition of Babri Masjid, Hindu-Muslim riots in Gujarat, days in Kashmir Even at the time of riots etc. the violation of human rights of the citizens of the country is not hidden from anyone.
While there are many such issues we get to see when the NHRC complies with its duties while raising a serious issue of human rights violations, but still the NHRC is finding itself helpless in giving its recommendations on many other matters. So, should it be considered an ineffective organization? So the question arises that what are the reasons for this helplessness and is there any solution to this helplessness? Through this article, we will try to find answers to these questions.
What is human rights?
In a sentence, human rights are the natural or natural right of every person. The right to life, freedom, equality and respect comes under its purview. Apart from this, the right to live dignified life, political, social, economic and cultural rights are also included in it.
The Human Rights Declaration adopted by the United Nations also said that the basic rights of human beings are irrespective of any caste, religion, gender, community, language, society etc. Regarding the fundamental rights, it is a right mentioned in the constitution of the country. These rights are given to the citizens of the country and under any circumstances to all the people residing in the country.
It is pertinent to make one thing more clear here that some elements of fundamental right are also under human rights such as the right to life and personal liberty.
National Human Rights Commission
India has provided a platform to tackle human rights violations by setting up National Human Rights Commission under the Human Rights Protection Act, 1993 and arranging for the formation of State Human Rights Commissions.
The National Human Rights Commission is the apex body of the country as well as the Lokpal of Human Rights in the context of protecting human rights in India. It is headed by a former Chief Justice of the Supreme Court. It is part of the Global Alliance for National Human Rights. It is also a founding member of the Asia Pacific Forum of National Human Rights Institutions. The NHRC has the right to the protection and promotion of human rights.
Section 12 (h) of the Protection of Human Rights Act, 1993 also envisages that NHRC will spread human rights literacy among various sections of society and to protect these rights through publications, media, seminars and other available means. Raise awareness of available safeguards.
This Commission has made its recommendations to the Government from time to time to protect the rights of ordinary citizens, children, women, elderly human rights, people of LGBT community in the country and the Government has also implemented appropriate amendments to the Constitution, following several recommendations. Have done.
Functions of NHRC
This includes receiving complaints and initiating investigations into human rights violations committed by public servants by mistake or negligence so as to prevent human rights violations.
According to a data, during the period April 2017 to December 2017, about 61,532 cases were filed for consideration and the Commission disposed of about 66,532 cases. During this period, 49 cases of alleged violations of civil and political rights, social and cultural rights were investigated on the spot by the Commission.
The Commission's scope of work is to study the life-conditions of the inmates, to investigate judicial custody and death in police custody. In addition, the NHRC also recommends the study of international treaties and other related conventions and documents relating to human rights and their effective compliance.
In order to promote human rights in India, research in the field of human rights is also covered by the functions of NHRC.
Apart from this, this commission does many other things like-
♦ To raise awareness related to human rights among different sections of the society.
♦ To settle the suit with the consent of the court in case of any pending suit.
♦ Hearing of complaints by the public servants in respect of human rights violations of any aggrieved person or any other person for his assistance.
♦ To arrange the status of life of a person living as a prisoner in a mental hospital or any other institution.
♦ Reviewing the provisions for the protection of human rights in the context of the Constitution and other laws and making recommendations for effective implementation of such provisions.
♦ Investigation to limit human rights in the context of terrorism or other destructive work.
♦ Promotion of non-governmental organizations and other such organizations which are involved in the work of promoting and protecting human rights, etc.
In this way, the National Human Rights Commission takes the initiative to protect human rights in India in every possible way. Despite this, it is often seen that according to which the human rights of the person should be protected. So should the Human Rights Commission be held guilty for this or is there a flaw in our system?
Status of Human Rights in India
The situation of human rights in India has become complex in a way as a result of its large size and diversity, its reputation as a developing and sovereign secular, democratic republic and its history as a colonial nation in the past.
The Constitution of India provides fundamental rights, which also include freedom of religion. Taking advantage of these freedoms, communal riots occur every day. This does not violate the fundamental rights of any one religion but hurts the human rights of all those who are victims of this incident and who have no connection with the incident like innocent children, poor men and women, elderly people etc.
On the other hand, AFSPA laws were removed from some states of India because of the misuse of special rights given to the armed forces through this law. For example, to search someone's house without a warrant; Arresting a person without a warrant without a warrant; If a person breaks the law, spreads unrest, torture him; The news of abusing women etc. was often in the newspapers.
So the question arises here that even after so many years of independence, human rights in India are facing some kind of torture every second or the other. In such a situation, it is necessary to know what are the challenges due to which the NHRC is finding itself helpless in protecting human rights.
Current challenges before the Human Rights Commission in India
The Central Government and the State Governments are not bound to follow the recommendations of the Commission. Therefore, lack of political will is the biggest reason for human rights not being effectively effective. This is the reason why the provision of establishing a human rights court in every district remained on paper.
On the other hand, the State Human Rights Commission cannot call upon the Center. This means that the armed forces are outside their purview. Even the National Commission can only ask the Center for a report on allegations of human rights abuses on the armed forces. While witnesses cannot be called, their investigation cannot be interrogated. At the same time, the Commission has the activeness to get compensation but it does not have the right to investigate in the direction of arresting the accused. To put it simply, even today the Human Rights Commission has limited powers.
Under the Human Rights Protection Act, the Commission cannot investigate complaints that have been lodged 1 year after the incident. So many complaints remain without investigation.
The problems of these Commissions have remained vacant, lack of resources, lack of public awareness of human rights, excessive complaints received and bureaucratic structure within the commissions.
All these reasons are well known but still they were never taken seriously. So these commissions find themselves helpless in accomplishing their objectives. In this situation, the Human Rights Commission has also come under question. It is being compared to a cow that eats fodder, which is also looked after but cannot give milk. People believe that if the Human Rights Commission is for common people, then people living in remote areas of India where illiteracy and poverty prevail; Why are you ignorant about your fundamental rights? The members of the Human Rights Commission are also aware only when there has been a major accident in a particular area such as rape, fake encounter, caste or communal violence etc. Under these circumstances, should the NHRC or State Human Rights Commissions be treated as an ineffective institution? Is the solution with the Supreme Court and these commissions?
Road ahead
The Second Administrative Reforms Commission (ARC) has made some recommendations in its report to make the Human Rights Commission more effective. The Administrative Reforms Commission believes that the NHRC should be prepared with a uniform format for making complaints before various statutory commissions. For this, the details of the victims and complainants should be given in such a way that the coordination of data between different commissions can sit well.
The Human Rights Commission should set useful criteria for redressal of grievances. Nodal officers should be appointed in the Commission to determine and coordinate action in such issues and an internal system should be developed within each statutory commission to make the proceedings more successful.
Central and state governments should also take proactive steps to tackle serious crimes. Governments can also take help of Human Rights Commission for this.
The government also needs to adopt strict laws regarding mobilization. At the same time governments and media need to abandon their apathy on serious issues as well as common issues.
It should also be the duty of the respective State Commissions, including the National Human Rights Commission itself, to express its presence on the serious issue of the country and assist the government in finding solutions to problems that do not fall under their jurisdiction. Only then human rights will be protected in the country in the true sense when all the institutions together will cooperate in maintaining the unity and integrity of the country. Only a noble initiative is needed.
The conclusion
Human rights are fundamental rights given to individuals, which are almost the same everywhere. Each country provides these rights by ignoring the caste, creed, color, gender, culture and economic or social status of an individual. However they are sometimes violated by individuals, groups or the state itself. Therefore, people need to raise their voice against any violation of human rights.
Protecting human rights is the ultimate duty of all of us. Those who are deprived of basic human rights, help the Swatantra Seva Foundation to help and support the rights. With the little effort of all of us, people who are deprived of their human rights can get their rights. Donate to the Swarashtra Seva Foundation for support
