Human Rights Violations

 

Human Rights Violations 

 

"It is the obligation of the state to ensure everyone the right to  adequate food, education and enjoyment of highest attainable standards  of physical and mental health. These rights have to be respected and  made available to the citizens by the state".

-Justice Anand, former Chairperson Human Rights Commisson

Human Rights Violations have become very common now a days. The  newspapers and TV tell us that every day and at every moment, somewhere in  the world, Human Rights are being violated. Broadly speaking 'Human Right'  means right to life, liberty, equality, and the dignity of an individual  irrespective of caste, creed or sex. These Human Rights are natural rights,  required to be protected for peaceful existence of a person. Our Constitution  safeguards the Human Rights, but inspite of all such provisions, the violation  of these rights is very frequently taking place. The protection and preservation  of Human Rights is a great challenge to every country in the world. Cases of  violence, murder, torture, rape, child abuse, death due to starvation, death due  to dowry, sexual harassment, custodial deaths, etc., have become rampant in  the society .

 The National Human Rights Commission (NHRC) has been able touch the  tip of the iceberg of the problem of Human Rights Violation. But, NHRC can't  be blamed, when the entire society is culpable in respect of Human Rights  violations in one way or the other, it is not possible for the (NHRC) to keep  vigil on every human being in the country.  

The former chairperson of the National Human Rights Commission,  Dr Justice AS Anand has emphasized that it is the obligation of the state to  ensure that everyone has the right to adequate food, education and enjoyment  of highest attainable standards of physical and mental health. These rights  have to be respected and made available to the citizens by the state, said  Justice Anand while inaugurating the two-day capacity building workshop on  "Economic, Social and cultural rights" jointly organized by the National  Human Rights Commission and the Indian Institute of Public Administration. 

 Under the international covenant on economic, social and cultural rights a  state party is obliged to use all steps to achieve progressively full realization of  the rights recognized in the covenant. Justice Anand said these include  adoption of legislative means, to be exercised on a non-discriminatory basis.  "India, being a signatory to universal declaration of Human Rights,  international covenant on economic, social and cultural rights  othe  international instruments, is legally as well as morally committed to ensure  basic human rights to all its citizens and enact laws accordingly", Justice  Anand said. 

 With every passing year, conviction has grown in the commission that for  right to live with human dignity, it is essential to focus in equal measures on  economic, social and cultural rights and civil and political rights. The  indivisibility and interrelated nature of these rights is a reality and there is a  symbiosis between them. Those in the field must, therefore, ensure that the  concern and anxiety, which they show for political and social rights, are also  manifested in economic, social and cultural rights as well.  

The abject poverty prevailing in the country, denies basic Human Rights to  millions of poor in our country. Poverty is the major cause of various Human  Rights violations. Child labour, Bonded labour and illiteracy are various  vulnerable points of Human Rights violations. The Human Rights of women  are violated from birth to death. Even the Right of females to be born is taken  away by sex determination tests, with termination of female fetus. Female  infanticide is common in many parts of the country even on date. Sexual abuse  of female children, dowry deaths, flourishing flesh trade, rape cases, pitiable  conditions of widows living in Vrindawan and Varanasi are some flagrant  examples of violations of the rights of the fair sex. Ours is a male dominated  society, where women are being treated as their subordinates. Most of the  women in real terms, do not enjoy any rights at all. They just live first as per  the wishes of their parents and after marriage as per the whims of their  husband and in the old age, as per the convenience of their sons and daughters-  in-law.  

The NHRC, has tried to check the human rights violations in a wide range  of spheres. The commission has asked the States and Union Territories in  April 2000, to compulsorily video film the post-mortem examination in all cases  of custodial deaths. There had been a large number of custodial deaths, with  Bihar at the top. The commission asked the State Governments to sensitise the  police and jail officials. The NHRC also took up the cases of victimised women.  It also recommended that the maintenance allowance for divorced women be  increased from 500 to 5000 per month. Cases of violation of children's  rights, like trafficking in children, imprisonment of juveniles, child marriage,  have also been taken up by the NHRC. The NHRC also took up cases of rapes,  deaths and detentions without trials, vehemently. The NHRC had taken up  the case of Best Bakery in Gujarat and moved an application in the Supreme  Court. The Apex Court heard the matter and found that the state carried out  the investigation and prosecution in a manner which ruled out conviction.

  The founding fathers of the Indian Constitution, had a vision of the Indian  society, which they wanted to realize through the Constitution. That vision  was primarily reflected in the Preamble, the chapters on Fundamental Rights  and Directive Principles of State Policy. In a way, the Fundamental Rights and  the Directive Principles of State Policy is the product of human rights  movement in the country. It is the duty of the State to ensure compliance of  what is said in the Constitution. But the shocking evidence that the state itself  is the culprit. According to Mr JS Verma, the former chairman of the NHRC.  "It is often the state which is violator of Human Rights in maximum cases in  the country. But the maximum responsibility to protect and safeguard the  rights of its citizens also lies with the state". 

 The former chairperson of the National Human Rights Commission,  Dr Justice AS Anand stressed the need for making Human Rights the focal  point of good governance. He called for greater role for National Human Rights Commissions in the work of United Nations, its treaty bodies and specialized  agencies, stressing the need to further develop co-operation between them. He  emphasized that the protection of Human Rights not only requires vigilance by  various agencies but also sustained co-operation at regional and international  levels.

  No commission or police station can police every nook and corner of the  country. No NGO, or any other agency can be present every where to protect  the human rights. It is we the people, it is the duty of every civilised person to  rise to the occasion. This can be brought about only through general  awakening which makes everyone understand the eternal values of life and  dignity of an individual irrespective of caste, creed or sex. Swami Vivekanand  said "Self in you is the Self everywhere. "