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Block 3 Human Resource Laws

Unit 4 Laws Related To Human Rights Violation

1) Describe the meaning and concept and significance of human rights.

• Meaning and Concept: Human rights are the basic freedoms and entitlements that every person possesses by virtue of being human. They are considered inalienable, indivisible, and universal. These rights are not created by governments but are inherent to human beings, and governments are obligated to respect, protect, and guarantee them through appropriate laws and measures. Human rights encompass civil, political, economic, social, and cultural aspects of life.
• Significance: The significance of human rights lies in their ability to protect the dignity of every person. They provide a framework for a universal system of values that aim to guarantee fundamental freedoms and equal opportunities for all people. They also serve as a standard for justice and peace, and form the basis for many modern national constitutions. Human rights also provide a legal basis for action against human rights violations. They are seen as a way to ensure that all individuals are treated with respect and have access to basic necessities and protections.

2) Categorise the different types of human rights in India.

Types of Human Rights in India

The Indian Constitution guarantees several fundamental human rights, which can be categorised as follows:

• Right to Equality: This includes equal protection under the law, prohibition of discrimination based on caste, colour, language, etc., equal access to public places, and equal opportunity in employment. Articles 14, 15, 16, 17, and 18 of the Indian Constitution deal with the right to equality. Article 17 specifically eliminates the practice of untouchability and treats it as an offense. Article 18 prohibits the country from conferring any titles.
• Right to Freedom: This ensures freedom of speech and expression, the right to assemble peacefully, to form associations or unions, to move freely, to reside and settle in any part of India, and to practice any profession. Articles 19, 20, 21, and 22 guarantee these freedoms.
• Right against Exploitation: This prohibits the trading of human beings, forced labour, and the employment of children below 14 years of age in hazardous jobs.
• Right to Freedom of Religion: This allows citizens the freedom to adopt, practice, and follow any religion. Articles 25, 26, 27, and 28 establish this right.
• Cultural and Educational Rights: Protection of minority rights and the promotion of education.
• Right to Constitutional Remedies: This allows citizens to seek legal recourse if their fundamental rights are violated. It allows individuals to move a court to seek justice if their fundamental rights are denied.
• Right to Property: Originally a fundamental right, it has since been removed from that category and is now a constitutional right, allowing citizens to acquire, hold, and dispose of property.
• Right to Education: This ensures that every child between 6-14 years of age has the right to basic education.

3) Discuss some of the types of human right violation.

Types of Human Rights Violations

Several types of human rights violations are mentioned in the sources, including:

• Misuse of the Internet: Although the internet provides a way for freedom of expression, it has also led to cybercrime, terrorist attacks, and other violations of freedom of expression.
• Human Trade: Despite laws prohibiting it, the buying and selling of human beings for profit continues to occur.
• Custodial Violence: This includes custodial deaths, torture in custody, and custodial rape, which undermine laws for civil rights and safe living.
• Land Alienation: Tribal and community lands are often taken for development projects, raising questions about the right to property.
• Sexual Harassment at the Workplace: The right to work is violated by instances of physical and mental harassment.
• Concerns of Forest Dwellers: Forest conservation efforts sometimes displace tribes and people residing in forests, questioning their right to own resources.
• Homicide: Issues such as dowry deaths, missing women, abortion of girl children, and torture of married women show violations of human rights within the home environment.

4) Discuss the measures taken to prevent the human rights violation.

Measures to Prevent Human Rights Violations

Various measures and strategies are being used to prevent human rights violations:

• National Human Rights Commission: A commission set up under the Human Rights Act of 1993, with regular meetings to address petitions and intervene in pending court cases involving human rights violations.
• Right to Information Promotion: This includes awareness campaigns and documentaries that highlight past human rights violations to educate people.
• Peace Committees: Non-governmental organizations (NGOs) form peace committees to intervene in areas affected by political conflicts.
• Legislation: The government actively amends laws to keep up with current requirements and human needs.
• Campaigns: Public awareness campaigns and training programs inform people of their rights and how to prevent violations.
• Helplines: Government-provided helplines offer support to victims of exploitation, molestation and other abuses.
• Human Rights Courts: Courts established at district levels to deal with human rights violation cases.
• Compensation: The government provides financial compensation to victims of human rights abuses.
• National Commission for Women: This body was set up to protect the rights of women and safeguard their interests.

Important Points

• The United Nations General Assembly adopted Universal Declaration of Human Rights (UDHR) in 1948.
• The UDHR was framed by members of the Human Rights Commission.
• The two basic treaties of UDHR are the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social, and Cultural Rights (ICESCR).
• The right to property says that “no person can be deprived of his property save by authority of law.”
• Right to constitutional remedies is a step taken to preserve and safeguard the fundamental rights of its citizens in court and in front of law.
• Any citizens of India are free to adopt, practice and follow any religion.
• Right to equality is an important right provided for in Articles 14, 15, 16, 17 and 18 of the constitution.
• Freedom of speech is one of the human rights of India, which can be misused at times.
• The legislation body is also actively trying to amend the acts and laws according to the current requirement and changing human needs.
• The right to work has often been misused.
• Several NGO’s have formed human right groups which keep on sending some members as peace committee.
• The National Commission for Women was set up in 1990.