HUMAN RIGHTS HUMAN RIGHTS AND AND

SOCIAL ANALYSIS

Human Rights Issues and Challenges in INDIAChallenges in INDIA

HUMAN RIGHTSHUMAN RIGHTS

• Human rights are rights inherent to all human • Human rights are rights inherent to all human beings, regardless of race, sex, nationality, ethnicity, language, religion, or any other status.status.

• Human rights include the right to life and liberty, freedom from slavery and torture, freedom of freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and etc.education, and etc.

• Everyone is entitled to these rights, without discrimination.discrimination.

PRINCIPALS AND OBJECTIVES OF OF

HUMAN RIGHTS

For protection of human life and Liberty .

To preserve the dignity of people .

Promoting healthy development .

Maintaining equality and etc .

VIOLENCE AGAINST WOMENVIOLENCE AGAINST WOMEN• Acid throwing• Acid throwing• Child marriage• Domestic violence• Dowry• Female infanticide and sex-selective abortion• Honor killings• Honor killings• Sexual harassment and Sexual abuse • Women Trafficking• Women Trafficking• Sati , Polygamy and Devadasi System

Women's safety laws1. Married Women's Property Act, 18742. Immoral Traffic (prevention) Act, 19563. Dowry Prohibition Act, 1961

15. Hindu Adoption & Maintenance ACT,1956

16. Medical Termination of Pregnancy Act,1971

3. Dowry Prohibition Act, 19614. Commission of Sati(Prevention) Act,

19875. Prevention of Children from Sexual

Offences Act, 2012

Pregnancy Act,197117. National Commission for

Women Act, 199018. The Pre-conception and Pre-natal Offences Act, 2012

6. Child Marriage Restraint Act, 19297. Muslim Personal Law (Shariat)

Application,1937

18. The Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection)] Act, 1994

19. Protection of Women from Domestic Application,19378. Indecent Representation of Women

Act,19869. Special Marriage Act, 1954

19. Protection of Women from Domestic Violence Act, 2005

20. Sexual Harassment of Women at Work Place (Prevention, Prohibition & Redressal) Act, 20139. Special Marriage Act, 1954

10. Hindu Marriage Act, 195511. Hindu Successions Act, 195612. Foreign Marriage Act, 1969

Redressal) Act, 201321. Indian Divorce Act, 196922. Equal Remuneration Act, 1976

12. Foreign Marriage Act, 196913. Family Courts Act, 198414. Maternity Benefit Act,1861

23. Hindu Widows Remarriage Act, 185624. Muslim women (protection of rights on

divorce) Act, 1986

UNDERPRIVILEGED andHUMAN RIGHTSHUMAN RIGHTS

• Children• Children• Senior citizens • Transgenders • Transgenders • Disabled • Minorities • Prisoners • Prisoners • Dalit

ChildrenChildren

• Legally, the term "child" may refer to anyone • Legally, the term "child" may refer to anyone below the age of majority or some other age limit. The United Nations Convention on the limit. The United Nations Convention on the Rights of the Child defines child as "a human being below the age of 18 years unless under being below the age of 18 years unless under the law applicable to the child, majority is attained earlier.attained earlier.

CRC “3-Ps”Adequate Standard of living, HealthCare, Education ,play and recreation Education ,play and recreation

Protection from Abuse, Neglect, Explosion and Abuse, Neglect, Explosion and Protection from Abuse, Neglect, Explosion and Abuse, Neglect, Explosion and Discrimination Discrimination

Right to participate communities ,programmes Right to participate communities ,programmes and services for themselves.and services for themselves.• Children's involvement in libraries and community programmes.• Children's involvement in libraries and community programmes.• Youth voice activities and involving children as decision makers.

SENIOR CITIZENSThe Act defines senior citizens as any person who is a citizen of India

and has attained the age of “60 years and above”.and has attained the age of “60 years and above”.

Rights for Senior citizens Civil Rights and Obligations Civil Rights and Obligations Physical & Mental care Social Care Housing

Civil Rights and Obligations Civil Rights and Obligations •• The right to respect at The right to respect at

home, within family and in home, within family and in private life private life Housing

Transport Employment Income

private life private life

•• The right to freedom of The right to freedom of thought and conscience thought and conscience

Income Education Safety & security

thought and conscience thought and conscience

•• The right not to be The right not to be discriminated against age discriminated against age

•• The right to property The right to property –– Safety & security Utilities & Consumer

Protection •• The right to property The right to property ––

everyone to the peaceful everyone to the peaceful enjoyment of his enjoyment of his enjoyment of his enjoyment of his possessions possessions

•• The right to education The right to education

Transgender people have a gender identity or gender expression that differs from their assigned sex. Transgender people are sometimes

called transsexual if they desire medical assistance to transition from one sex called transsexual if they desire medical assistance to transition from one sex to another.

• In April 2014, the Supreme Court of India declared transgender to be a 'third

Difficulties India declared transgender to be a 'third gender' in Indian law.

• International Transgender Day of Visibility is an annual holiday occurring on March 31 dedicated to celebrating transgender people

• Non-recognition of the identity of Hijras/transgender persons denies them equal protection of law,

• thereby leaving them extremely dedicated to celebrating transgender people and raising awareness of discrimination faced by transgender people worldwide.

• Transgender Awareness Week, typically

• thereby leaving them extremely vulnerable to harassment, violence and sexual assault in public spaces, at home and in jail, also by the police.• Transgender Awareness Week, typically

observed the second week of November. The purpose of Transgender Awareness Week is to educate about transgender and gender non-conforming people and the issues associated

home and in jail, also by the police.• Sexual assault, including

molestation,. Further, non-recognition of identity of Hijras /transgender persons results in them facing

conforming people and the issues associated with their transition or identity.

• Section 377 of the Indian Penal Code unconstitutional. The Court unanimously ruled that individual autonomy, intimacy, and

persons results in them facing extreme discrimination in all spheres of society, especially in the field of employment, education, healthcare ruled that individual autonomy, intimacy, and

identity are protected fundamental rights.employment, education, healthcare etc.

A disability is an impairment that may be cognitive, developmental, intellectual, mental, physical, sensory, or some

combination of these. It substantially affects a person's life activities and may be combination of these. It substantially affects a person's life activities and may be present from birth or occur during a person's lifetime.

Constitutional rights of disabled persons

Person With Disabilities Act 1995Main Provisions of the Act:persons

• Prohibition of discrimination • Equity in Social, Economical and

Main Provisions of the Act:1) Prevention and Early Detection of Disabilities2) Education3) Employment• Equity in Social, Economical and

Cultural rights • Right to Work• Right to Liberty

3) Employment4) Non discrimination5) Social Security6) Research and manpower development

• Right to freedom of expression • Disability pension • Employment • Income Tax Concession: Under sections

6) Research and manpower development7) Grievance Redress In Jared Abiding v.

Union of India the supreme Court bearing in mind the discomfort and harassment suffering by a person of locomotors so disability would • Income Tax Concession: Under sections

80DD and 80U of Income Tax Act, 1961, persons with disabilities are also entitled to certain income tax concessions.

by a person of locomotors so disability would face while travelling by train particularly to far off places issued directions to the Indian Airlines to grant persons suffering from locomotors so disability to the extent of 80%.locomotors so disability to the extent of 80%.

Minorities Minorities • Muslims • Right of ‘any section of the citizens’

to ‘conserve’ its distinct language • Christians• Sikhs

to ‘conserve’ its distinct language script or culture 29[1]

• Right of all Religious and Linguistic • Sikhs• Buddhists • Zoroastrians (Parsis)

• Right of all Religious and Linguistic Minorities to establish and administer educational institutions of their choice 30[1]• Zoroastrians (Parsis)

• Jains have been notified in Gazette of India as minority

choice 30[1]• Freedom of minority-managed

educational institutions from discriminations in the matter of Gazette of India as minority

communities.discriminations in the matter of receiving aid from the state 30[2]

A prisoner, (also known as an inmate or detainee) is a person who is deprived of liberty against his or her will. This can be by who is deprived of liberty against his or her will. This can be by

confinement, captivity, or by forcible restraint. Rights of Prisoners under the article [21]

• Right of inmates of protective homesThe prisoners act ,1984The prisoners act ,1984

•• Accommodations and sanitary Accommodations and sanitary • Right of inmates of protective homes• Right to free legal aid• Right to speedy trial• Right against cruel and unusual

punishment

•• Accommodations and sanitary Accommodations and sanitary conditions for prisoners conditions for prisoners

•• Provision for the shelter and safe Provision for the shelter and safe custody of the excess number of custody of the excess number of prisoners who cannot be safely kept prisoners who cannot be safely kept punishment

• Right to fair trial• Right against custodial violence and

death in police lock-ups or encounters• Right to live with human dignity

prisoners who cannot be safely kept prisoners who cannot be safely kept in any prison in any prison

•• Provision relating to the examination Provision relating to the examination of prisoners by qualified medical of prisoners by qualified medical officer officer • Right to live with human dignity

• Right to meet friends and consult lawyer • Rights against solitary confinement

,handcuffing & bar fetters and protection from torture

officer officer •• Provisions relating to separation of Provisions relating to separation of

prisoners ,containing female and male prisoners ,containing female and male prisoners ,civil and criminal prisoners prisoners ,civil and criminal prisoners and convicted and undertrial prisonersand convicted and undertrial prisonersprotection from torture

• Right to reasonable wages in prison. and convicted and undertrial prisonersand convicted and undertrial prisoners

•• Provisions relating to treatment of Provisions relating to treatment of undertrials ,civil prisoners ,parole and undertrials ,civil prisoners ,parole and temporary release of prisoners .temporary release of prisoners .

Dalit, meaning "broken/scattered" in Sanskrit and Hindi, is a term mostly used for the ethnic groups in India, but have been kept depressed by subjecting used for the ethnic groups in India, but have been kept depressed by subjecting

them to untouchability (often termed backward castes).

Discrimination of dalits Reform movementsDiscrimination of dalits• Education • Healthcare & Nutrition• Crime (caste related

• Brahmo Samaj, Arya Samaj• Buddhism• Sikhism• Jainism• Crime (caste related

violence's)• Prevention of atrocities Act

• Jainism• Christianity• While the Indian Constitution has

provisions for the social and • Prevention of atrocities Act• Segregation • Tradition ,rituals and

customs

provisions for the social and economic uplift of Dalits to support their upward social mobility, these concessions are limited to Hindus. Dalits who customs limited to Hindus. Dalits who have converted to other religions have asked that benefits be extended to them

Values of social developmentValues of social development1. Brotherhood 1. Brotherhood 2. Social Equality3. Tolerance4. Social Responsibility 4. Social Responsibility 5. Participation 6. Honesty6. Honesty7. Nonviolence 8. Secularism9. Social justice 9. Social justice 10. Sustainable development

Brotherhood is defined as a feeling of friendship, Support and understanding between people. To understand the role of youth in promoting this feeing in India . It would be instructive to look at how our country has shaped up since its formation.Social equality is a state of affairs in which all people within a specific society or isolated group have the same status in certain respects, including civil rights, freedom of speech, property rights and equal access to certain social goods and certain respects, including civil rights, freedom of speech, property rights and equal access to certain social goods and services.Tolerance is “recognizing and respecting other’s beliefs and practices without sharing in them”. It can also be described as a respect, acceptance and appreciation of the rich diversity of our world's cultures, our forms of expression and ways of being human. Tolerance is harmony in difference”human. Tolerance is harmony in difference”Social responsibility is an ethical framework and suggests that an entity, be it an organization or individual, has an obligation to act for the benefit of society at large. Social responsibility is a duty every individual has to perform so as to maintain a balance between the economy and the ecosystems.Participation are shaped by the possibility of any individual to be involved in decision-making which affects her/his interests. Everyone should be able to participate in society, to defend her/his interests, to help create a society, which also interests. Everyone should be able to participate in society, to defend her/his interests, to help create a society, which also fulfils her/his interests and desires. The freedom to vote and stand for elections and the freedoms of association and assembly are the major political expressions of such participation.Honesty is a facet of moral character that connotes positive and virtuous attributes such as integrity, truthfulness, Straight forwardness, including straightforwardness of conduct, along with the absence of lying, cheating, theft, etc. Honesty also forwardness, including straightforwardness of conduct, along with the absence of lying, cheating, theft, etc. Honesty also involves being trustworthy, loyal, fair, and sincere.Nonviolence is the personal practice of being harmless to self and others under every condition. It comes from the belief that hurting people, animals or the environment is unnecessary to achieve an outcome and refers to a general philosophy of abstention from violence. This may be based on moral, religious or spiritual principles, or it may be for purely strategic orpragmatic reasonspragmatic reasonsSecularism, also called Secularity, is the idea of something being not religious or not connected to a church. An example of this is the government, which is independent of any religion in many states.Social Justice is generally define as the fair and equitable distribution of power, resources, and obligations in society to all people, regardless of race or ethnicity, age, gender, ability status, sexual orientation, and religious or spiritual background people, regardless of race or ethnicity, age, gender, ability status, sexual orientation, and religious or spiritual background Sustainable Development that meets the needs of the present without compromising the ability of future generations to meet their own needs” (World Commission on Environment and Development, 1987), sustainable development has emerged as the guiding principle for long-term global development

PROTECTION OF HUMAN RIGHTS PROTECTION OF HUMAN RIGHTS

1 . International organizations1 . International organizationsI) UN general assemblyII) The human rights councilII) The human rights councilIII)Office of the united nations High commissioner for human rights IV)International court of justice

2 . NHRC(national Human Rights Commission of India)3 . State Human rights commission of Tami Nadu 4 . Human rights courts in districts

United Nations General Assembly, one of the six principal organs of the United Nations (UN) and The only body in which every member of the organization is represented and allowed to vote. The first Session of the assembly convened on Jan. 10, 1946, in London, with 51 countries represented. As of 2006 Session of the assembly convened on Jan. 10, 1946, in London, with 51 countries represented. As of 2006 There were 192 members of the General Assembly. Numerous nonmembers, such as states, organizations, And other entities, maintain observer status, enabling them to participate in the work of the General Assembly.

The Human Rights Council is an inter-governmental body within the United Nations systemResponsible for strengthening the promotion and protection of human rights around the globe and forAddressing situations of human rights violations and make recommendations on them. It has the ability todiscuss all thematic human rights issues and situations that require its attention throughout the year. Itmeets at the UN Office at Geneva.

OHCHR derives from Articles 1, 13 and 55 of the Charter of the United Nations, the Vienna Declarationand Programme of Action and General Assembly resolution 48/141 of 20 December 1993, by which the Assembly established the post of United Nations High Commissioner for Human Rights. In connectionAssembly established the post of United Nations High Commissioner for Human Rights. In connectionwith the programme for reform of the United Nations, the OHCHR and the Centre for Human Rights were consolidated into a single OHCHR on 15 September 1997

The International Court of Justice (abbreviatedICJ) is the principal judicial organ of the United Nations (UN). It settles legal disputes between member states and gives advisory opinions to authorized UN organs and specialized agencies

The National Human Rights Commission(NHRC) of India is an autonomous public Body constituted on 12 October 1993 under theProtection of Human Rights Ordinance of 28

• to study treaties and other international instruments on human rights and make recommendations for their effective implementation

September 1993. It was given a statutory basis by the Protection of Human Rights Act, 1993 .

The Protection of Human Rights Act

• undertake and promote research in the field of human rights

• engage in human rights education among mandates the NHRC to perform the following functions:• proactively or reactively inquire into violations of

government of India human rights or negligence in the prevention of such violation by a public

• engage in human rights education among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means

in the prevention of such violation by a public servant

• by leave of the court, to intervene in court proceeding relating to human rights

• encourage the efforts of NGOs and institutions congress to working in the field of human rights.

• such other function as it may consider it proceeding relating to human rights

• make recommendations about granting relief to the victims and their families.

• review the safeguards provided by or under

• such other function as it may consider it necessary for the protection of human rights.

• requisitioning any public record or copy thereof from any court or office.• review the safeguards provided by or under

the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation

thereof from any court or office.

• by sitting and taking application and rejecting them on the basic of sex, caste, income and social status.implementation

• review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures

social status.

State Human Rights Commission The Protection of Human Rights Act of 1993provides for the creation of State Human

• Review the safeguards provided in the constitution or any other law for the time it is in force to ensure the protection of human rights

• Review the factors that inhibit the enjoyment of Rights Commission at the state level. A State Human Rights Commission can inquire into violation of human rights related to subjects

• Review the factors that inhibit the enjoyment of human rights

• Undertake and promote research and awareness programs in the field of human right

• Promote human right awareness through literacy covered under state list and concurrent list in the seventh schedule of the Indian Constitution• Autonomously investigate on a petition filed

by a victim or any person on his/her behalf as

• Promote human right awareness through literacy campaigns, publications, seminars etc. for the protection and safeguards available under human rights practices.

• Encourage involvement of Non-Government by a victim or any person on his/her behalf as a complaint of

1) Violation of human rights and instigation or2) Negligence in the prevention of such

• Encourage involvement of Non-Government Organizations and individuals for expansion work in the field of human rights awareness.

• Perform any other functions that may be considered necessary for the promotion of human rights.2) Negligence in the prevention of such

violations by any public servant.• Get involved in any proceeding under

allegation or violation of human right pending before a court with the approval of that court.

necessary for the promotion of human rights.

Human Rights Courts in districts Chapter VI of the said act compressing of Section 30 and 31 makes the provision relating to the creation before a court with the approval of that court.

• Inspect living conditions of the inmates in any jail or any other institution under the control of the State Government where

and 31 makes the provision relating to the creation of human rights courts in each district. This setting up of human rights court in every district of the country for the speedy trial of offences arising out of the violation control of the State Government where

persons are detained or lodged for purposes of treatment, reformation or protection.

the speedy trial of offences arising out of the violation of human rights is a novel provision of the act.