National Human Rights Commission 2

Transcription

1 National Human Rights Commission 2 During the last few decades the concept of human rights has assumed importance globally and has international significance as every country is subject to international scrutiny by the world body which indicts member states for violations. While there is increasingly widespread concern for universal respect and observance of human rights, gross violation of internationally recognized norms continue unabated in almost all parts of the world. The overall situation has been characterized by large-scale breaches of civil and political rights as well as economic, social and cultural rights. The rights to life, to an adequate standard of living, to freedom of expression, to protection from torture and inhuman treatment, arbitrary arrest and many of the common standards of achievements for all people and all nations are far from realization now as ever. The obligations set out in the course of international conventions and multilateral treatise for the promotion and protection of human rights and accepted by most of the governments are flouted by them with impunity. The press reports of the United Nations Human Rights Commission at Geneva carry the reflection of the alarming situation '. For the first time in the history of the members of the Human Rights Commission, the United Nations highest body on Human Rights, the policies and practices of a permanent member of the Security Council had been put to vote. The country's human rights records, put to vote, was defeated by a margin of one. The resolution calling for freedom of expression, association and religious tolerance was tabled on behalf of

2 the European Union by France. It was checked by the United States of America and Japan as well as other fifteen other countries, mostly from members of the European Union. The Asian members of the United Nations Human Rights Commissions excluding Japan voted with China. The Russian vote swung the floor in favour of China. The United Nations Human Rights Commission has unanimously adopted without any discussion, the resolution on the rights of the child2. Expressing deep concern at the existence of the practices of the sale of children, child prostitution and child pornography and the exploitation of child labour in many parts of the worlds as well as continuing reports of the streets children being involved in and affected by serious crimes, drug abuse, violence and prostitution and reaffirming the right to protection to children in situations of armed conflict the resolution said it was encouraged by the widespread commitment and political will shown by the unprecedented number of states that had become signatories and parties to the convention on the rights of the child. The United Nation Human Rights Commission released guidelines for aid to field workers to prevent and respond to sexual violence against refugees, a global outrage that is widespread3. The United Nations Human Rights Commissioner's office was established in December 1993 following the recommendations at the Vienna Conference. As the official with principal responsibility for human rights activities within the United Nations, the high Commissioner has been given a mandate which spans the whole range of human rights concerns. In particular, the High Commissioner is charged with promoting the effective enjoyment by all, of all human

3 rights, promoting the realization of the right to development, providing advisory services to support actions and programmes in human rights, co-coordinating human rights education and public information services, contributing to the removal of obstacles in the enjoyment of human rights and preventing violations of human rights. The United Nations Declaration calls upon all states to fulfil their obligations under the international law to refrain from organizing, instigating, assisting or participating in terrorists acts in other countries. The resolution co-sponsored by India on gross violation of human rights perpetrated by terrorist groups and expressing of solidarity with the victims of terrorism, was adopted by the United Nations Human Rights Commission. Internal displacement caused on the account of internal conflict, ethnic strife, forced relocation and gross violation of human rights is reported to be monumental crisis. United Nations Human Rights commission is feeling the need for improved protection and assistance for such persons and to address the human rights and humanitarian dimensions of the ~roblem~. These developments are mentioned here for a proper understanding of the historical mechanism background the magnitude of the global problems and the mechanism within the United Nation's system for the protection of human rights. From the inception of United Nations, there had been a tremendous surge in the development of international law of human rights. It was realized that' only the international protection and promotion of human rights can achieve international peace and harmony. United Nation Charter in Article 55 declared to proclaim universal respect for and observance of human rights and fundamental

4 freedom for all without any discrimination on race, sex, language, caste, religion, etc, the United Nations Declaration of Human Rights in 1948 proclaims that all human beings are born free and are equal in dignity and rights and enumerated the basic rights and fundamental freedom. The declaration provides a common standard of achievement for all people and all nations. This has inspired the constitution of number of countries. To give binding legal effect to the declaration, the General Assembly adopted international conventions which defend and guarantee protection of human rights. The United nation's system has developed standards of human rights in diverse range of areas and can be regarded as providing a global human rights regime. The International Bill of Rights is normally defined as consisting of the declaration of Human Rights by the United Nation in 1948, the lnternational Covenant of Economic, Social and Cultural Rights in the lnternational Covenant of Civil and Political Right in 1966 and optional protocol thereto. At the regional level additional mechanism for human rights protection also occur through instruments such as the European, Convention for the Protection of human rights and Fundamental Freedom, 1950, the American Conventions of Human Rights, 1969, the African Charter on Human and Peoples Right of the organisation of African Unity Human Rights programme has succeeded in the recognition of the relevance and importance of human rights value in may diverse areas. The adoption of Convention on Elimination on All Forms of Discrimination Against Women in 1979, the Convention against torture and other cruel, inhuman or degrading punishment or punishment in 1984, the Convention on the Rights of the Child and Declaration on

5 Right to Development constitute a major step forward7. The violation of human rights are denounced and condemned beyond the frontiers of the countries where they are committed. The stake in the fight of human dignity is widely perceived as universal. The subject of human rights is no longer one of exclusive domestic jurisdictions but rather of increasing international concern. There is a growing public awareness worldwide of the meaning and significance of the concept. This leads increased recognition by the governments of their internal accountability to the people they govern and also to the need for international legitimating to conforms and supplement their political legitimacy at home. The increasingly frequent reference to human rights in political negotiations reveal the global consciousness of human rights. Despite existence of mechanism for making states accountable for the treatment of their nationals what really matters is the degree to which they harrnonise with and are reflected into the domestic laws, regulations and administrative provisions and practices which impact daily on the lives of the millions people particularly those who may be regarded as the vulnerable, the weak, the oppressed or the exploited group. lndia is a secular democratic country and has ratified the two International Covenants but not the Optional Protocol I. The framers of Constitution of lndia had even prior to the preparation and adoption of the two Covenants enshrined in the Constitution nearly all the human rights enumerated in the ovena ants'. The Constitution and laws enable the courts in lndia to protect and enforce the several facets of human rights. Despite extensive constitutional safeguards, there continues to be significant human rights abuses in the country due to

6 the lack of awareness, sensitivity and strong policy. The level of awareness of human rights and sensitivity even among the elite is very poor. Reports of the custodial deaths, violence against women, exploitation of women, children, and excesse by police, army and other security forces are pouring in daily. In the list of countries where large-scale abuse of human rights occurs, lndia has been included by the world famous Non Governmental Organisation called Amnesty International. Other human right groups have listed several instances of such violations, though exaggerated and sometimes distorted. The United States of America in its report in 1994 has revealed that political killings by both Government forces and militants, terrorists continue at a higher level particularly where insurgency continues. Human rights groups and press, report cases in which police and para military forces have used torture during interrogation. They also report use of excessive force and violation of humanitarian law by the army and para military forces. While Non Governmental Organisations are critical of terror tactics used at random by misguided youth battling against the establishment, they are concentrating more on state terrorismg. It is said dousing the flame lit by terrorists is certainly the responsibility of the government but matching crime with more monstrous crime against entire community is not something that could be ignored by mankind. The government bears enormous responsibilities in ensuring protection and promotion of human rights in all aspects. The burden can only be effectively discharged with a proper back-up from the relevant national institutions with specific mandates in the field. The Government of lndia has constituted the National Human Rights Commission for the protection and promotion of human rights

7 with powers to investigate and recommend policy changes, punishment and c~m~ensation'~. The National Human Right Commission has the mandate to spread human right awareness and sensitivity in all means. The statement of objects and Reasons of the November Bill made clear the purposes of the Act subsequently adopted. While noting that India was a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and cultural Rights, both of which were adopted by the United Nations General Assembly on December, 1966, and that the rights embodied in those Covenants stood substantially protected by the Constitution of India, the statement observed that there had been growing concern in the country and abroad about issues relating to human rights1'. Having regard to this, and to changing social realities and emerging trends in the nature of crime and violence, it had been considered essential to review the existing laws and procedures and the system of administration with a view to bringing about greater efficiency and transparency- relating to human rights. The proposal for National Human Rights Commission was contained in Human Rights Commission Bill, which was introduced in the Lower House of the Parliament; Lok Sabha on 14Ih may, The Commission was ultimately established on October 12, 1993, when its chairperson along with two other members assumed office. Under the scheme of the Act, the National Human Rights Commission is an independent autonomous body and is not sub-sewient to any state official or agency. National Human Rights Commission is charged with task of protecting and promoting human rights against the might of

8 state. It enjoys wide powers relating to inquiry and investigations regarding violations of human rights. It has wide range of functions under section 12 of the Act. It can inquire suo motu or on a petition presented beforeet by a victim or any person on behalf of the victim, into complaint of: 1. violations of human rights or abetment thereof; 2. negligence in the prevention of such violation by a public servant. National Human Rights Commission can intervene in any proceedings involving any allegation of violation of human rights pending before the court. It can study jail conditions and suggest remedial solutions therein, it can also review any factor including the acts of terrorism that inhabits the enjoyment of human rights, important function of the National Human Rights Commission is to spread human rights literacy amongst various sections of the society and promote awareness of the safeguards available for the protection of these rightsq3. National Human Rights Commission of India is one of the most effective Human Rights Commission in the world, which has established credentials as a statutory independent body within a short span of one year'4. There is growing awareness in the society about human rights and the people'want to seek redressal of various kinds of abuses including child abuse and custodial death. The commission has received more than complaints in The daily average of complaints received by the Commission varied from 50 to 60. The

9 complaints coming in from all parts of the country; individuals and the institutions/organizations. The Government cannot wash away the recommendations made by the commission. The Commission's role might be a recommendatory, advisory, yet the Government considers the cases forwarded by it. The Human Right cannot be given by the Parliament or courts but human rights are inherent in the human beings themselves. The constitution does not give these rights but only reiterates the basic rights available to the human being and ensures their protection. Established under the Protection of Human Rights Act of 1993, the National Human Rights Commission functions from New Delhi with jurisdiction all over India. It consists of a Chairperson, four full time members and other three ex-officio members. Composition of National Human Rights Commission The Commission consists of 15: 1. a Chairperson who has been, the Chief Justice of the Supreme Court; 2. one Member who is or has been a Judge of the Supreme Court; 3, one Member who is or has been the Chief Justice of a High Court; 4. two Members to be appointed by from the amongst persons having the knowledge of or

10 practical experience in matters relating to human rights. The Chairpersons of National Commission for Minorities National Commission for Scheduled Castes and Scheduled Tribes and National Commission for Women will be ex-officio members of the Commission for discharging all functions enumerated in clauses (b) to (0) of section 12 of the Act. 4. Secretary General The Commission is to have a Secretary General who is the Chief Executive Officer of the Commission. Appointing Authority Although the Chairperson and other members are appointed by the President of lndia on a warrant under his hand and seal, it is made on the recommendation of a Committee comprising ofa. The Prime Minister - Chairperson b. Speaker of the House of People - Member c. Minister in charge of the Ministry of Home Affairs in Government of India - Member d. Leader of the Opposition in the House of the People - Member e. Leader of the Opposition in the Council of States - Member f. Deputy Chairman of the Council of States - Member

11 It seems that ordinarily no sitting judge of the Supreme Court and no sitting Chief Justice of High Court may be appointed and if such appointment is considered necessary it can be made only after consultation with the Chief Justice of India. Terms of the Office Members The terms of the Office of the Chairperson and other nominated members is five years, from the date he enters upon the office or until he attains the age of seventy years, whichever is earlier. A member of the Commission is eligible for reappointment provided that he had not attained the age of seventy years, but the Chairperson is not eligible for a second term. In the event of the occurrence of a vacancy of the Chairperson on account of his death, resignation or otherwise, the President of lndia may appoint any Member to act as Chairperson till the vacancy is filled in'6. Removal of the Chairperson or Any Member Tho Chairperson or any other Member of the Commission can be removed from his office only by an order of the President of lndia on the ground of proved misbehavior or incapacity after the Supreme Court on reference being made to it by the President of lndia has, on inquiry held in this behalf. In any one of the below mentioned cases the President may order removal of the Chairperson or any other Member who: 1. is adjudged an insolvent, or 2. engages during his term of office in any paid employment outside the duties of his office, or \

12 3. is unfit to continue in office by reason of infirmity of mind or body; or 4. is of unsound mind and stands so declared by a competent court; or 5. is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves moral turpitude. Functions of National Human Rights Commission Statutorily, the national Human Rights Commission shall perform all or any of the following functions;" a. inquire, suo mot0 or on a petition, presented to it by a victim or any person on his behalf, into complaints of- i. violation of human rights or abetment thereof, or ii negligence in the prevention of such violation, by a public servant; b. intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court; c, visit under intimation to the state Government, any jail or any other institution under the control of the state government, where persons are detained or lodged for purposes of treatment, reformation or protection, to study the living conditions of inmates and make recommendations thereon;

13 d. 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; e. review the factors including acts of terrorism, that inhibit the enjoyment of human rights and recommend appropriate remedial measures; f. study treaties and other international instruments of human rights and make recommendations for implementation; their effective g. spread human rights literacy among various sections of the society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means; h. undertake and promote research in the field of human rights; i. encourage the efforts of non governmental organizations and institutions working in the field of human rights; and j. such other functions as it may consider necessary for the protection of human rights.

14 Powers of the Commission Relating to Inquiries I Investigations The Commission has been empowered to hear and inquire all complaints regarding violation of human rights1'. All complaints received by the Commission are registered and a number is given. These are then placed for administration before a Bench of two members of the Commission within two weeks. The Commission shall, while inquiring into complaints, have all the powers of a civil court trying a suit under the Code of Civil Procedure, Ordinarily, the Commission will not entertain a complaint: a. on a matter that occurred more than one year earlier than the date of complaint. b. with regard to subjudice matters c..with regard to vague, anonymous or pseudonymous matters. d. matters which are frivolous and e. matters which are outside the ambit of the Commission. No fee is charged on complaints. While inquiring into the complaint, the Commission has all the powers of a civil court trying a suit under the Code of Civil Procedure and particularly in respect of the following matters. a. summoning and enforcing the attendance of witnesses and examining them on oath, b. discovery and of any document, c. receiving evidence on affidavits, d. requisitioning any public record or copy thereof.

15 e. issuing summons for the examination of witnesses or documents and f. any other which may be prescribed. The Commission has power to enquire any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as, in the opinion of the Commission, may be useful for or relevant to, the subject matter of the inquiry and any person so required shall be deemed to be legally bound to furnish such information within the meaning of section 176 and section 177 of the Indian Penal Code. The Commission may authorize any office, not below the rank of a Gazzetted Officer to enter into any building or place where the Commission has reason to believe that any document relating to the subject matters of the inquiry may be found, and may seize any such document or take extracts or copies there from. The Commission shall be deemed to be civil court and when any offence as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view, or presence of, the Commission, the Commission may after recording the facts constituting the offence and the statements of the accused as provided for in the Code of Criminal Procedure, 1973 forward the case to a Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused, as if the case has been forwarded to him under section 346 of the Code of Criminal Procedure, 1973". All proceedings before the Commission are deemed judicial proceedings.

16 Investigation The Commission has also powers of investigation. The Commission has its own investigation machinery headed by an officer of the rank of Director General of Police who, is appointed by the commission itself. With the Director General of Police are asso ated a team of officers of different ranks on the pattern of police hierarchy. In investigation, the Commission has also the power to get outsiders associated. When exercising the power of investigation it may utilise the service of any officer or investigation agency of the central Government or any State Government with the concurrence of the Central Government or the State Government, as the case may be2'. When the officer or investigating agency is investigating into the matter as directed by the Commission, it has the powers to: a. summon and enforce the attendance of any person and examine him b. require the discovery and production of any document and c. require any public record or copy thereof from any office. The Commission, in its discretion, accepts telegraphic complaints. The complaint may be filed in any language included in the Eighth Schedule to the Constitution. The Commission can initiate action suo moto. 'The Commission may ask the complainant to furnish further details or additional information and also ask him to file affidavits in support of the complaint whenever the Commission feels it is necessary to do so. Once a complaint is admitted for hearing, the Commission may either set down the matter of inquiry or investigation, as it may deem proper. The Commission may in its discretion give a personal

17 hearing to the complaint or to any other person on its behalf. No format of complaint has yet been prescribed. Till the format is laid down, the Secretary General has suggested that the letter or petition of complaint should contain the following details. a. Name, address, age, sex, relationship of the complainant with the victim ( if the complainant himself is not the victim) b. Details of victim: name, address, age, dependants, sex, whether belongs to scheduled caste or scheduled tribes. c. Details of violation of human rights; date location, state short description of the event leading to violation of human right, names of witnesses, if any d. Whether the matter is pending in any court of law, or any other forum. The Commission is contemplating to have round the clock control room for the receipt of complaints. Protection is also accorded to a person making statement before the Commission. Such a person will not be subject to any civil proceedings or the criminal prosecution of account of the statement made by him before the Commission. The. ~ person likely to be affected prejudicially on account of inquiry has also been accorded an opportunity of being heard. During the year the Commission has received more than complaints from different states in regard to the violation of human rights2'. Procedure for Inquiry into the Complaints The Commission while inquiring into the complaint of violation of human rights may,

18 1. call for information or report from the Central Government or any State Government or any other authority or organization subordinate thereto within such time as may be specified by it, provided that; a. if the information or report is not received within the time stipulated by the Commission, it may proceed to inquire into the complaint on its own, b. if on receipt of information or report the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or Authority it may not proceed with the complainant and inform the complainant accordingly. 2. without prejudice to anything contained in clause a. if it considers necessary, having regard to the nature of the complaint, initiate an inquiry. The Commission will ordinarily hold its meetings at its headquarters in New Delhi, though in its discretion it may hold its sittings at any place in India if it considers to do so is necessary and expedient. Action by the Commission When the inquiry commission comes to the conclusion that violation of human rights occurred, it cannot by itself take any step to get the wr.ong undone but may take following steps.

19 1. when the inquiry discloses the Commission or violation of human rights or negligence in the prevention of violation human rights by a public servant, it may recommend to the concerned Government or authority to initiate proceedings for prosecution or such other action as the Commission may deem fit against the concerned person or persons; 2. approach the Supreme Court or High Court concerned for such directions, orders or writs as that court may deem necessary; 3. recommend to the concerned Government or Authority for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary. The Commission may for the purpose of conducting any investigation pertaining to the inquiry, utilise the services allied officer or investigation agency of the Central Government or State Government with the concurrence of the Central Government or State Government, as the case may be. Procedure- Inquiry and Steps After Inquiry The Commission while inquiring into the complaints of violations of human rights may-

20 1. call for information or report from the Central Government or any state Government or any other authority or organization subordinate thereto within such time as may be specified by it, Provided that- a. if the information or report is not received within the time stipulated by the commission, itt ay proceed to inquire into the compliant on its own b. if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required or that the required action has been initiated or taken by the concerned Government or authority, it may not proceed with the complaint and inform the complainant accordingly. 2. without prejudice to anything contained in clause M, if it considers necessary having regard to the nature of the complaint, initiate an inquiry. The Commission may take any of the following steps up on the completion of an inquiry, namely 1. When the inquiry discloses the Commission the violation of human rights or negligence in the prevention of human rights by a public servant, it may recommend to, the concerned Government or Authority the initiation of proceedings for prosecution or such other action as the

21 Commission may deem fit against the concerned person or persons. 2 approach Supreme Court or High Court concerned for such direction, orders or writs as that Court, may deem necessary; 3 recommend to the concerned Government or Authority for the grant of such immediate interim relief to the victim or the members of his family as the Commission may consider necessary; 4 subject to the provisions of clause (5) provide a copy of the inquiry report to the petitioner or his representative; 5 the Commission shall send a copy of its inquiry report together with its recommendations to the concerned Government or Authority who shall, within a period of one month, or such further time as the Commission may allow, forward its comments on the report including the action taken or proposed to be taken thereon, to the Commission; 6 the Commission shall publish its inquiry report together with the comments of the concerned Government or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority on the recommendations of the Commission.

22 Procedure with Respect to the Armed Forces While dealing with complaints of violation of human rights by the members of the armed forces, the Commission shall adopt the following procedure, viz; a. it may, either on its ow n motion or on receipt of a petition. seek a report from the Central Government; b. after the receipt of the report, it may, either not to proceed with the complaint or as the case may be, make its recommendations to that Government. c. the Central Government shall inform the Commission action taken on the recommendations within three months or such further time as the Commission may allow d. the Commission shall publish its report together with its recommendations made to the Central Government and the action taken by the Government on such recommendations. e. The Commission shall provide a copy of the report published under sub section (3) lo the petitioner or his representatives. Role of National Human Rights Commission National Human Rights Commission has been playing a pivotal role in developing a culture for human rights in the country. It has built an edifice of human rights accountability on the foundations of

23 autonomy and transparency. While concentrating on immediate redressal and remedy of wrongs, it has taken up suo mot0 investigations and has established contacts with Central and state governments, authorities and human rights organizations in lndia and abroad. It has also struck a fruitful collaboration and co-operation with non governmental organizations both in lndia and abroad. The National Human Rights Commission has glven pr~ority toz2; 1. protection of Civil Liberties 2. review of legislations repugnant to human right principles. Its role in opposing TADA was commendable. 3. reforms in civil and police administration to usher in human rights culture. 4. reducing, with a view to ultimately eliminating, custodial violence and rapes. 5. redressal of human rights grievances of scheduled castes and scheduled tribes. 6. concentration of human rights of women and children. National Human Rights Commission after nine years in existence, had come to the conclusion that reforms in laws and treaties, rewards and punishment and even making structural and systems changes were not themselves sufficient to promote and protect the human rights. The nation requires vast programmes of social regeneration to deal with societal wrongs. An appropriate programme to reorient the citizen and to restrain the police and the bureaucracy are need of the hour. The establishment of the National Human Rights Commission has brought about a qualitative change in the obse~ance

24 of human rights in the country. Now, for the first time, there is an independent organization, which looks into all complaints of violation and fixes the accountability. There is now a greater awareness of human rights principles among the police, the army and the security forces, since all excesses will come to the attention and notice of National Human Rights Commission and will be probed into thoroughly. State Human Rights Commissions Sirice lndia is a vast country and it will not be possible for the affected to move National Human Rights Commission at Delhi without considerable amount of time and money. State Human Rights Commissions are being set up all over lndia to supplement the efforts of National Human Rights Commission. The Protection of Human Rights Act,1993 envisages the setting up of the State Human Rights Commissions because, being nearer to the people of the respective states, they should be able to provide speedier and less expensive redressal of grievances. The national Human Rights Commission, for its part, has therefore been urging the early establishment of State Human Rights Commissions in all the states. Successive Chairpersons have, accordingly, both written to and spoken with the Chief Ministers of states impressing on them the need to setup Human Rights Commissions. On 31'' March the position was follows23. State Human Rights Commissions had been established in Assam, Himachal Pradesh, Jammu and Kashmir, Kerala. Manipur, Madhya Pradesh, Punjab, Rajasthan, Tamil Nadu and West Bengal.

25 The states of Bihar. Maharashtra and Orissa had issued notifications for constituting State Human Rights Commissions. Uttar Pradesh and Delhi have established Human Rights Cells. The National Human Rights Commission meanwhile has continued to hold meetings with the chairpersons and members of existing state Human Rights Commissions with a view to developing healthy conventions in the functioning of various commissions and to ensure that, in their effort to promote human rights in the country, they work together smoothly and to the maximum benefit of all the people of this country. The National Human Rights Commission has observed once again, that it is disappointed with the slow pace of state governments acting to constitute State Human Rights Commissions. It has also noted that not all the State Human Rights Commissions that have been established, are being appropriately supported through the provision of adequate financial and manpower resources. It strongly recommends, that those state governments, which have not yet constituted Human Rights Commission do so at the earliest and that, wherever such commissions have been constituted, they be provided the backing that is essential to their proper functioning. Thus, the momentum is picking up and National Human Rights Commission is lending its full support to the process. Human Rights Courts Human Rights courts are being set up all over India. To associate public and Non Governmental Organisations in the process of verifying allegations of violations, District Level Enquiry Committee are being set up. National Human Rights Commission is the first step to

26 translate Human Rights rhetoric into tangible action. lndia has truly joined the advanced nations in implementing human rights in letter and spirit. In a country of continental dimensions with great diversity of language, traditions, customs and p ctices, it will be unrealistic to expect overnight change in attitudes congenial to the enjoyment of human rights. Human Rights Education In the human rights discourse, in recent times, human rights education has assumed critical significance as an instrument of awareness of human rights. The 'Third World War Congress on Human Rights, 1990 urges that human rights education should be understood as encompassing formal, non-formal and informal education, and should aim also to reach parents and policy makers. It aims at developing individuals awareness of the ways and means by which human rights can be translated into social and political reality both at national and international levelsz4. It is proposed that in lndia the model of the human rights education at school level is developed by the National Council of Educational Research and Training (NCERT) with the help of National Human Rights Commission and be accepted as the standard and implemented in all states. The National Human Rights Commission is entrusted with the statutory responsibility of spreading human rights literacy among various sections of the society and focused the role of educational institutions in imparting human rights education among children. It is of the opinion that the courses be designed not only for the educated middle class but the poor and working sections, which of

27 course, has borne the brunt of attack on democratic rights. On the content, it is suggested that it should enumerate the rights the people have against the state and organizations. It should not only be incorporated in the formal curriculum as a separate subject but should also be integrated into the entire curriculum including the hidden curriculum ie. the culture of schooling and teacher training institutions and programmes, and human rights teaching materials should be produced in different forms, both written and audiovisual. At the non-formal, primary and secondary levels, the focus shall be on inculcating an attitude of self-esteem, respect for ideas and beliefs of other people. There shall be no much specific curriculum on human rights rather than human rights dimensions can be integrated with existing curricula, to orient students on human rights. At the higher education level, specific human rights issues in social context are to be introduced with the assumption that the higher educated people, holding positions of responsibilities would better deal with human rights as well as its abuses. All the efforts however, are directed towards inculcation of human rights culture in young mindz5. At the higher education level, the broad contents of courses need to encompass the areas such as philosophical, cultural and historical perspectives, theories and movements linkages between human rights and democracy, development, peace and harmony. Besides, national perspectives dealing with historical context, protection regime especially for weak and marginalized groups, violation of human rights by the state and its agencies, violation by armed, political and. dominant groups; the role of National and Statutory Commissions,

28 media and non-governmental organizations vis-a-vis protection and promotion of human rights; regional perspectives including features of region in which India located such asb~ura~ism, poverty social structure, social instability, illiteracy, etc. and international perspectives including study of treaties and texts of international community for the protection of human rights, the role developed by societies and international institutions vis-a-vis human rights. The textual teaching materials is thought to be integrated appropriately with other materials making adequate use of local experiences and highlighting the ground realities. With the present state of educational scenario, in the context of right to education there are lot of issues being coupled with our education system may effect human rights education. Can Human rights education come out of social machinery already generated by existing education system? The basic fundamental question is that can it be practical oriented curriculum where not only rights for education is highlighted rather what should be done if the rights are violated. Mere knowledge about human rights is not sufficient unless there is an understanding as to how human rights can easily become vulnerable to abuse of various structures and process of power and people and professionals are able for protection and enforcement of these rights. With the aims of sensitizing and changing the attitude of mind are creating a human rights culture, the role of teaching methods remain crucial in the achievement of objectives. So far this has been a neglected area in existing system of education. With the present state of teaching methodology, imparting education of the concern, would make human rights education more academic. It is important to have

29 practical oriented teaching bringing in field experiences in the classrooms and taking students to the community. The University Grants Commission's Standing Committee on human rights in its meeting held on 13Ih arch 1997 constituted a sub committee for drafting an approach paper for the University Grants Commission initiatives and define strategies in the Five year Plans to promote human rights education in higher education. The plan approach was approved by the commission in its meeting held on 21st May The core of the approach was that respect and realization of human rights require evolving a culture that is more sensitive to the basic needs of every human being. Of course, this goal of ushering in human rights had been incorporated in the constitutional scheme, the culture has still remained a reality. A deliberate attempt is therefore made to use education as a key instrument for bringing changes in social and cultural attitudes in relation to human rights. In the perspective of human rights education, it is believed that the goal of evolving human rights culture requires operating at various levels such asz6-1. Spreading awareness amongst masses, of and about these rights and also their duties for respecting the rights of others. 2. Imparting capacities and confidence amongst the weaker sections and vulnerable groups to stand for protection and preservation of other rights,

30 3. Requiring many to shed away their prejudices and reform the attitudes which are derogatory to others dignity, 4. Creating different kind of knowledge, methodologies and normative regimes and imparting new skills and competencies so that policy making, its enforcement and realization become more sensitive to the demands of uman rights culture, 5. Establishing new structures of accountability and making them more effective to make the state and its agencies and personnel responsible for humans rights violations on one hand and to internalize respect for these rights on the other. It is believed that a social order which ensures full and free development of the potentialities of every member of society and which cares and respect each other's distinct identity can only be created on the basis of total commitment to fundamental human rights. The human rights education can imbibe the under stating tolerance and respect for differences and diversities in pluralistic society like India. It can address the need for evolving new structures of knowledge and accountability among holders of power, and be the catalyst in bringing about attitudinal changes amongst members of civil society, helping them internationalizing more human and egalitarian approach in their social relations. When much talk revolves around formulation of appropriate curricula, there is hardly any' doubt that human rights education would be more in formal mode than other. The question is how to introduce the new curricula at various levels. It is obvious that one more subject can not be added to already overloaded curricula at the primary level,

31 showing a new kind of violation of human rights that young minds should not be burdened with more contents. So it needs integration with existing curricula. But what and how much to be integrated is really a difficult task. This task for the selection of issues which a child at school age should know. It may be desirable to introduce some of the core rights under the umbrella of ethical aspect and relating it to individual and social needs and problems. While at secondary level, a special paper covering core as well as secondary rights may be introduced as per existing foundation courses for students of all disciplines, at the higher level, it needs both specialization for preparing resource persons or expects mainly on social sciences and integration with subjects in all disciplines with emphasis on ethical aspects of a profession in sociocultural setting. In the present system of education there are few to be considered as the resource persons for human rights education especially at the higher level of education. Majority of the teachers at all levels are not aware of their human rights and duties. The simple answer is that teachers are to be given training on content as well as pedagogy, material preparation, curriculum development, initiating students activities and most important is effective communication as they are going to be role model in whole human rights education processes. With the present state of teacher training programme where teachers are expected to enrich their knowledge of content and pedagogy and teacher's attitude towards training, the effectiveness of training of an action oriented educational programmes such as human rights education where teacher is to be knowledge giver as well as an actor, look hard to relies. The point is also that there is a need of

32 resources persons or experts for teachers general mass at grass root level who are denied basic education, and state and private agencies who are expected to play a vital role not only in knowledge dissemination but also enforcement. In other words there are three groups general mass (mainly marginalized members and illiterates), student mass and the educated elite including law enforcement officials, leaders in society and members of social organizations. It is thus, required to deal with three phenomenonally diversified groups one being at deep sea, the second one at floating boat and third one, to say problem shooter. If the former two groups are required to be educated and oriented; the later one to be re-educated and reoriented. The promotion of awareness of human rights should not be diluted with enforcement of human rights, rather be integrated and enacted with proper supervision from institutionalized agencies. The problem of the human rights is spread over a wide canvas, but two dominate factors emerge one relate to the issue of accountability and the other more basic to the loss of dignity on account of physical violence2'. This relates to the work of all law enforcing agencies. So the human right education extends to all agencies of government also. The human rights education thus, remains a matter of concern and not a subject of academic. There is need to fight institutional and bureaucratic apathy. Knowledge of the provisions of the convention among common public is no doubt prerequisite for effective implementation, but here the knowledge alone will not ensure its implementation rather a sense of personal involvement and commitment on the part of individuals in society is highly required.

33 Thus, the promotion of human rights literacy in a society as complex and textured as ours is a task that is, at once both daunting and crucially important. It is also a task that calls for great perseverance, for it requires a deep and lasting commitment. Indeed there is no easy way to create a culture of human rights. All sections of the society have a role to play an ideal to sustain, if the cause of human rights is to take root and flourish against the cruel odds of social injustice and inequality, the problems of poverty and fanatical destructiveness of terrorism. Soon afler the implementation of National Human Rights Commission, it addressed letters to the Presidents of Political Parties represented in the Lok Sabha, the Rajya Sabha or in the state Legislatures for the effective implementation of human awareness programme to all sections of the society especially for weaker sections. The Commission observed the political parties by their behaviour and the ideas that they propagate and can create the most powerful force for the promotion and protection of human rights of all the citizens of the nationz8. Non-governmental Organisations The responsibilities entrusted to the National Commission under the Protection of Human Rights Act, 1993 cannot be adequately discharged without the development of close and co operative ties between the National Commission and non-governmental organizations- the eyes and ears of the people of India. For the National Commission, it is not just a statutory obligation, under Section 12 (i) of the Act ' to encourage the efforts of the non-governmental organizations and institutions working in the field of human rights', but a necessity to do so, if its own efforts are to be well informed and in tune with the

34 deeper aspirations of the country- aspirations that find expression in the courage and idealism of many non-governmental organizations. As the national Commission noted in its first report, the cause of human rights has much to gain both from the practical help and from the constructive criticism that non-governmental organizations and the national Commission can bring to bear in their mutual interaction and growing relationship. To this end, the national Commission has from time to time invited leading human rights activists and non-governmental organization representatives over for discussions and advice and sought their help in practical ways. In addition, in every visit to state, the national Commission has made it a point to benefit from the experience and knowledge of non-governmental organizations whose contacts at the grass roots level give strength and meaning to the human rights movement where it matters most. 'There are three areas in which non-governmental organizations can be of particular assistance to the National Commission. Firstly because of their grass root contacts, they can most effectively identify human rights violations, articulate them and seek redress. The National Commission sees a most positive role of non-governmental organizations in bringing about complaints to its notice. Secondly, given the rapport that they have established with public at large, the assistance and co-operations of the non-governmental organizations can be of great value in the investigation of the more serious cases that come to be looked into by the National Commission through its investigative staff- a group that will be put together with great care as to their sensitivity to human rights considerations. There can be instances when the National Commission in accordance with its Regulation