Human Rights In India | Protection Of Human Rights

• The Nations undertook the responsibility to preserve, secure, protect & defend the Human Rights and Freedoms of their People.
• The adoption of Universal Declaration of Human Rights by the United Nations General Assembly in 1948 very much had an impact on the making of the Indian Constitution.

PROTECTION OF HUMAN RIGHTS

PROTECTION OF HUMAN RIGHTS ACTS, 1933

• The Secretariat in the Memorandum Supervision & Enforcement of Human Rights in 1947 had suggested for the creation of such body in the States.
• In 1966, the General Assembly adopted a resolution for the creation of a National Commission on Human Rights to perform certain functions pertaining on Human Rights.
• In 1970, the Commission establishment of the National Commission on Human Rights should be decided by each Government in the light of traditions and institutions of its own Country.
• The Human Rights Commission Bill was introduced in the Lok Sabha on 14th May 1992.
• The President of India on 27th September 1993
• Promulgated an ordinance for the creation of a National Commission on Human Rights & Commission at State Level.

NATIONAL HUMAN RIGHTS COMMISSION (NHRC)

    What is mean by NHRC?

• It is an Autonomous body.
• Set up through an Ordinance promulgated by the President on 27th September, 1993.

Composition-

• consist of 8 Members (1 chairman + 7 other members)

1. The Chairman shall be the Ex-Chief Justice Of The Supreme Court.
2. 1 Member shall be either a working or a retired Judge Of The Supreme Court.
3. 1 Member as working or a retired Chief Justice or A Judge of a 2 High Court.
4. 2 persons known for their work in the sphere of Human Rights.
5. 3 The Chairpersons of the National Commission For Scheduled Caste & Scheduled Tribes, National Commission For Minorities & National Commission For Women shall be its Ex-Officio Members.

Appointment-

• Appointed by the President on the recommendation of a body consisting of the Prime Minister, Union Home Minister, Deputy Chairman Of The Rajya Sabha, Speaker of the Lok Sabha & The Leader of the Opposition in Both the Houses of Parliament.

Term/Tenure/ Duration-

• Term of 5 years or until the age of 70 years.

Removal-

• The Chairman & Other Members of this Commission shall be removed by the President on the charge of Proved Misbehavior.

Function-

1. To inquire a petition presented by a person.
2. To intervene about the petition.
3. To visit, protection to study the living conditions of the inmates & make recommendations.
4. To review the safeguards provided under the Constitution.
5. To review the factors & recommend appropriate remedial measures.
6. To study Treaties & other International Instruments on Human Rights & make recommendations for their Effective Implementation.
7. To undertake & promote Research in the field of Human Rights.
8. To spread Human Rights Literacy among various sections of the Society & promote awareness through Publications, the Media, Seminars & other available means.
9. To encourage the efforts of the NGO’s & Institutions working in the field of Human Rights.

STATE HUMAN RIGHTS COMMISSION (SHRC)

•  The Protection of Human Rights Act 1993 provides for the establishment, functions & powers of the Human Rights Commission at the State Level.

Composition:- 5-6 Members

1 Chairman + 4 Other Members

1. The Chairman who has been a CHIEF JUSTICE OF A HIGH COURT.
2. 1 Member who is, or has been, a judge of a high court.
3. 1 Member who is, or has been, a judge of a District Judge in that State.
4. 2 Members to be appointed from amongst persons having knowledge of, or practical experience in, matters relating to Human Rights.

• The Commission has a Secretary who is the chief Executive Officer to the State Commission.

Appointment-

• Appointment by the Governor on the Recommendation of a Committee consisting of Chief Minister.

Term/Tenure/Duration-

• Term of 5 years or until the age of 70 years.

Removal-

• The Chairman & Other Members of this Commission shall be removed by the President on th charge of Proved Misbehavior.

The Functions which are carried on by the State Human Rights Commission are similar to the Functions of the National Human Rights Commission.

GENERATION OF HUMAN RIGHTS

• The Division of Human Rights in to 3 Generations was initially proposed in 1979 by CZECH JURIST KAREL VASAK at the International Institute of Human Rights in STRASBOURG.
• VASAK’s theories have primarily taken root in EUROPEAN LAW.
• His Divisions follow the 3 watchwords of the FRENCH REVOLUTION—LIBERTY, EQUALITY & FRATERNITY.

FIRST GENERATION HUMAN RIGHTS

• It is called as Blue Rights.
• It deals with LIBERTY & PARTICIPATION IN POLITICAL LIFE.
• They are fundamentally CIVIL & POLITICAL in Nature, as well as strongly INDIVIDUALISTIC.
• First Generation Human Rights dates back to 18th Century.
• These rights were established by the US BILLS OF RIGHTS & FRENCH BY THE DECLARATION OF THE RIGHTS OF MAN & OF THE CITIZEN.
• Although these rights can be traced back to the MAGNA CARTA Of 1215 A.D.

SECOND GENERATION HUMAN RIGHTS

• It is called as RED RIGHTS.
• They impose upon the Government the duty to respect & promote & fulfill depending on the AVAILABLE OF RESOURCES.
• They are fundamentally ECONOMIC, SOCIAL & CULTURAL RIGHTS are recognized & protected in International & Regional Human Rights Instruments.
• Related to Equality & began to be recognized in the 19th Century after the II WORLD WAR & in the wake of INDUSTRIAL REVOLUTION.
• The Convention on the Elimination of all forms of Racial Discrimination & The Convention on the Rights of Persons with Disabilities prohibits all Discrimination on the basis of the Racial & Disabilities.

THIRD GENERATION HUMAN RIGHTS

• It is called as GREEN RIGHTS.
• Those rights that go beyond the mere CIVIL & SOCIAL, as expressed in many progressive documents of INTERNATIONAL LAW.
• In 1972, STOCKHOLM DECLARATION OF THE UNITED NATIONS CONFERENCE ON HUMAN ENVIRONMENT.
• 1992, THE RIO DECLARATION ON ENVIRONMENT & DEVELOPMENT ARE 2 EXAMPLES.
• This is considered a SOFT LAW because its successful implementation is affected by National Sovereignty.
• These rights have been hard to enact in legally binding documents.