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Rights can be defined as social claims. The crucial point is that the question of Rights only
arises when there is Society - or a group of people living together in mutual habitation,
performing complementary functions to further the existence.
The idea of Natural Rights comprises of Rights that are considered Natural - given by
Nature. Conceived in the 17th century against the backdrop of Revolution against the Monarchy,
Natural Rights seek to recognise the right of the individual to exist in society. So the rights of
Life - given by God or nature, Liberty - born free from bondages in nature and Property -
the idea of Land and family as the domain of the Individual - became the cornerstones of
Natural Rights.
Human rights are rights inherent to all human beings, whatever our nationality, place of
residence, sex, national or ethnic origin, colour, religion, language, or any other status. We are all
equally entitled to our human rights without discrimination. These rights are all interrelated,
interdependent and indivisible.
Fundamental right are that which the State considers as the most sacrosanct among all legal rights
and recognizes them specifically in its Constitution. Any law that violates any of the fundamental
rights is considered non-est in law. Restrictions may however be placed on the exercise of
fundamental rights, but these restrictions should flow from the Constitution itself.
What is the Comprehensive Convention on International Terrorism?
In her speech on Monday at the United Nations General Assembly (UNGA), foreign minister
Sushma Swaraj appealed the global community for early adoption of the Comprehensive
Convention on International Terrorism (CCIT).
The CCIT was proposed by India in 1996. In 2016, despite the passage of two decades, we are
yet to come to a conclusion. As a result, we are unable to develop a norm under which terrorists
shall be prosecuted or extradited. Therefore it is my appeal that this General Assembly acts with
fresh resolve and urgency to adopt this critical Convention, Swaraj said, as NDTV reported,
while addressing the 71st session of the UNGA in New York.
New Delhi has pushed for an intergovernmental convention to enhance prosecution and
extradition of terrorists since 1996. But, a series of terror attacks since the beginning of the year
in India as well as in Bangladesh seem to have revived the Indian diplomatic establishments
interest in voting and early adoption of the anti-terror convention.
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Civil and Political Rights: The rights of citizens to liberty and equality; sometimes referred to as
first generation rights. Civil rights include freedom to worship, to think and express oneself, to
vote, to take part in political life, and to have access to information.
Collective Rights: The rights of groups to protect their interests and identities.
Commission on Human Rights: Body formed by the Economic and Social Council (ECOSOC) of
the UN to deal with human rights; one of the first and most important international human rights
bodies.
Convention: Binding agreement between states; used synonymously with Treatyand Covenant.
Conventions are stronger than Declarations because they are legally binding for governments
that have signed them. When the UN General Assembly adopts a convention, it creates
international norms and standards. Once a convention is adopted by the UN General
Assembly, Member States can then Ratify the convention, promising to uphold it. Governments
that violate the standards set forth in a convention can then be censured by the UN.
Covenant: Binding agreement between states; used synonymously with Convention and Treaty.
The major international human rights covenants, both passed in 1966, are the International
Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic,
Social and Cultural Rights (ICESCR).
Declaration: Document stating agreed upon standards but which is not legally binding. UN
conferences, like the 1993 UN Conference on Human Rights in Vienna and the 1995 World
Conference for Women in Beijing, usually produce two sets of declarations: one written by
government representatives and one by Nongovernmental Organizations (NGOs). The UN
General Assembly often issues influential but legally Nonbinding declarations.
Economic, Social, Cultural Rights: Rights that concern the production, development, and
management of material for the necessities of life. The right to preserve and develop ones
cultural identity. Rights that give people social and economic security, sometimes referred to as
security-oriented or second generation rights. Examples are the right to food, shelter, and health
care.
Human Rights: The rights people are entitled to simply because they are human beings,
irrespective of their citizenship, nationality, race, ethnicity, language, gender, sexuality, or
abilities; human rights become enforceable when they are Codified as Conventions, Covenants,
or Treaties, or as they become recognized asCustomary International Law.
Indigenous Peoples: People who are original or natural inhabitants of a country. Native
Americans, for example, are the indigenous peoples of the United States.
Interdependent: Refers to the complementary framework of human rights law. For example, your
ability to participate in your government is directly affected by your right to express yourself, to
get an education, and even to obtain the necessities of life.
International Covenant on Civil and Political Rights (ICCPR): Adopted in 1966, and entered
into force in 1976. The ICCPR declares that all people have a broad range of civil and political
rights. One of the components of the International Bill of Human Rights.
International Covenant on Economic, Social, and Cultural Rights (ICESCR): Adopted 1966,
and entered into force 1976. The ICESCR declares that all people have a broad range of
economic, social, and cultural rights. One of the components of the International Bill of Human
Rights.
International Labor Organization (ILO): Established in 1919 as part of the Versailles Peace
Treaty to improve working conditions and promote social justice; the ILO became a Specialized
Agency of the UN in 1946.
Legal Rights: Rights that are laid down in law and can be defended and brought before courts of
law.
Moral Rights: Rights that are based on general principles of fairness and justice; they are often
but not always based on religious beliefs. People sometimes feel they have a moral right even
when they do not have a legal right. For example, during the civil rights movement in the USA,
protesters demonstrated against laws forbidding Blacks and Whites to attend the same schools on
grounds that these laws violated their moral rights.
Natural Rights: Rights that belong to people simply because they are human beings.
Nonbinding: A document, like a Declaration, that carries no formal legal obligations. It may,
however, carry moral obligations or attain the force of law asCustomary International Law.
Political Rights: The right of people to participate in the political life of their communities and
society. For example, the right to vote for their government or run for office. See Civil and
Political Rights.
Protocol: A treaty which modifies another treaty (e.g., adding additional procedures or
substantive provisions).
Ratification, Ratify: Process by which the legislative body of a state confirms a governments
action in signing a treaty; formal procedure by which a state becomes bound to a treaty after
acceptance.
Reservation: The exceptions that States Parties make to a treaty (e.g., provisions that they do not
agree to follow). Reservations, however, may not undermine the fundamental meaning of the
treaty.
Self-Determination: Determination by the people of a territorial unit of their own political future
without coercion from powers outside that region.
Signing, Sign: In human rights the first step in ratification of a treaty; to sign
a Declaration, Convention, or one of the Covenants constitutes a promise to adhere to the
principles in the document and to honor its spirit.
State: Often synonymous with "country"; a group of people permanently occupying a fixed
territory having common laws and government and capable of conducting international affairs.
States Party(ies): Those countries that have Ratified a Covenant or a Conventionand are thereby
bound to conform to its provisions.
Treaty: Formal agreement between states that defines and modifies their mutual duties and
obligations; used synonymously with Convention and Covenant. When conventions are adopted
by the UN General Assembly, they create legally binding international obligations for
the Member States who have signed the treaty. When a national government Ratifies a treaty, the
articles of that treaty become part of its domestic legal obligations.
United Nations Charter: Initial document of the UN setting forth its goals, functions, and
responsibilities; adopted in San Francisco in 1945.
United Nations General Assembly: One of the principal organs of the UN, consisting
representatives of all member states. The General Assembly issues Declarations and
adopts Conventions on human rights issues, debates relevant issues, and censures states that
violate human rights. The actions of the General Assembly are governed by the United Nations
Charter.
Red Cross
Purpose. Today, the red cross emblem continues to be an internationally recognized symbol of
protection and neutrality; used to identify military medical services as well as the people,
programs and objects connected with the humanitarian activities of the International Red
Cross and Red Crescent Movement.
The Blue Cross of India (BCI) is an animal welfare charity based in Chennai, India.
Constitutional Rights to Women:
The rights and safeguards enshrined in the constitution for women in India are listed below:
1. The state shall not discriminate against any citizen of India on the ground of sex [Article
15(1)].
2. The state is empowered to make any special provision for women. In other words,
this provision enables the state to make affirmative discrimination in favour of women
[Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any employment or office under
the state on the ground of sex [Article 16(2)].
4. Traffic in human beings and forced labour are prohibited [Article 23(1)].
5. The state to secure for men and women equally the right to an adequate means of livelihood
[Article 39(a)].
6. The state to secure equal pay for equal work for both Indian men and women [Article 39(d)].
7. The state is required to ensure that the health and strength of women workers are not
abused and that they are not forced by economic necessity to enter avocations unsuited to
their strength [Article 39(e)].
8. The state shall make provision for securing just and humane conditions of work and
maternity relief [Article 42].
9. It shall be the duty of every citizen of India to renounce practices derogatory to the dignity
of women [Article 51-A(e)].
10. One-third of the total number of seats to be filled by direct election in every Panchayat
shall be reserved for women [Article 243-D(3)].
11. One-third of the total number of offices of chairpersons in the Panchayats at each level
shall be reserved for women [Article 243-D(4)].
12. One-third of the total number of seats to be filled by direct election in every
Municipality shall be reserved for women [Article 243-T(3)].
13. The offices of chairpersons in the Municipalities shall be reserved for women in such
manner as the State Legislature may provide [Article 243-T(4)].
The following various legislations contain several rights and safeguards for women:
4. Commission of Sati (Prevention) Act (1987) provides for the more effective prevention of
the commission of sati and its glorification on women.
The Constitution in its Part III (Fundamental Rights) and Part IV (Directive Principles of State
Policy) guarantees under the articles mentioned below, rights to the children of India:
PART III:
Article 14: Citizens of India, including children, must be treated equally before law and must
be given equal protection by the law without any discrimination or arbitrariness.
Article 21: No person shall be deprived of his life or personal liberty without due process of
law. A person has the right to adequate food, shelter, clothing, etc. Such life shall not mean
mere animal existence[4].
Article 21A: The State shall provide free and compulsory education to all the children falling
in the age group of six to fourteen years in such manner as the State may, by law, determine.
Article 23: Prohibits trafficking in human beings and beggar or any other form of forced
PART IV:
Article 39 (e): The state shall thrive to ensure that the tender age of children is not abused
and that citizens are not forced by economic necessity to enter avocations unsuited to their
age or strength.
Article 39 (f): The state shall ensure children are given opportunities and facilities to develop
in a healthy manner and in conditions of freedom and dignity. It must also be ensured that
childhood and youth are protected against exploitation and against moral and material
abandonment.
Article 51 A (k): It shall be the duty of every citizen of India who is a parent or guardian to provide
opportunities for education to his child or, as the case may be, ward between the age of six and
fourteen years.
Some of the important legislations and policies in India to safeguard the rights of children are:
Indian Penal Code, 1860: The Indian Penal Code by its various sections specifically
protects children and their rights. Some of these sections are:
o S.83: Nothing is an offence which is done by a child above seven years of
age and under twelve, who has not attained sufficient maturity of
understanding to judge of the nature and consequences of his conduct on
that occasion.
o S.292 & 293: Selling, distribution, publishing, public exhibition or
circulation of obscene material such as books, magazines, drawings,
paintings, etc. is prohibited under Section 292. Whoever sells, lets to hire,
distributes, exhibits or circulates to any person under the age of twenty years
any such obscene object as is referred to in Section 292, or offers or
attempts so to do, shall be punished more severely.
o S.305: Abetment of the commission of suicide of a person below the age of
18 years is punishable under this section.
o S.317: Abandonment or exposure of a child for the purpose of abandonment
by any of the parents or a person having the care of such child is a
punishable offence.
The Lok Sabha today passed "The Rights of Persons with Disabilities Bill - 2016". The Bill will replace
the existing PwD Act, 1995, which was enacted 21 years back. The Rajya Sabha has already passed
the Bill on 14.12.2016. The salient features of the Bill are:
The recent election of Donald Trump as U.S. President and his position on Syrian
refugees has made the world an unfriendly place for refugees.
Chakma tribals
In 1947, the Chittagong Hill Tracts, a deeply forested, mountainous, area bordering Tripura,
Mizoram and Myanmar, with a majority Buddhist population (about 97 per cent), was
awarded to Pakistan.
In 1962, the Pakistani government imposed further misery on the Chakma tribe by building
the Kaptai dam.
Approximately 40,000 Chakma tribals, who had lost their homes and farmland due to
flooding, emigrated to India as refugees.
India, facing its own war in 1962 on the north-eastern border, offered 2,902 Chakma refugee
families resettlement in Arunachal Pradesh.
By the 1980s, anti-immigrant stirs in nearby Assam, along with local fears
aboutdemographic change, led to defamatory notices appearing. Soon, houses started
burning in 1983 and 1995, 130 houses were burnt down in Papum Pare district of
Arunachal Pradesh.
Only in 1996, with the Supreme Court pushing the State government to protect the Chakmas,
did the harassment decline.
The long journey continued only in September 2015 when the Supreme Court directed the
Centre and State government to complete the process of citizenship did the original 7,000
surviving Chakmas and Hajongs gain access to Indian citizenship. Despite opting for
India during the Partition, the Chakmas were routinely ignored, then and now.
Rohingyas
The Rohingyas, an ethnic group from the Rakhine state in Myanmar, are one of the most
persecuted groups in the world.
Over 13,000 Rohingya refugees are registered with the United Nations High Commissioner
for Refugees (UNHCR) in India,
They live in substandard conditions without any basic amenities, while their children
cannot get admitted in schools due to lack of requisite documentation. Most men serve as
daily wage labourers.
India hosts over 2,00,000 refugees, victims of civil strife and war in Tibet, Bangladesh, Sri
Lanka, Pakistan, Afghanistan and Myanmar. Some refugees, the Tibetans who arrived
between 1959 and 1962, were given adequate refuge in over 38 settlements, with all
privileges provided to an Indian citizen excluding the right to vote).
The Afghan refugees fleeing the civil war in the 1980s live in slums across Delhi with no
legal status or formal documents to allow them to work or establish businesses in India.
Once granted refuge, Indias government tends to look the other way.
Ethnic clashes soon broke out over land distribution and assistance provided to refugees.
The State government responded with forcible eviction, economically blockading them and
conducting police firing on a random basis.
Similar fears of demographic change led to the expulsion of the Nepali-speaking population
in Bhutan in the 1990s.
Over 1,00,000 people made their way to Nepal, passing through India. Over 20,000 refugees
continue to live in India, on the margins of society, with no legal status and no citizenship.
They remain stateless.
The Foreigners Act (1946) and the Registration of Foreigners Act (1939) currently govern
the entry and exit of all refugees, treating them as foreigners without due consideration of
their special circumstances.
What is lacking?
Our data on refugees remain significantly deficient, preventing analysis on refugee flow and
their parlous existence.
We hence fail on various counts associated with resettlement and rehabilitation, with many
refugees remaining unregistered.
Such paucity of data also leads to misrepresentation and exaggeration in national and local
media.
Refugees have been accorded constitutional protection by the judiciary (National Human
Rights Commission vs State of Arunachal Pradesh, 1996).
In addition, the Supreme Court has held that the right to equality (Article 14) and right to life
and personal liberty (Article 21) extends to refugees.
India remains the only significant democracy without legislation specifically for refugees.
A well-defined asylum law would establish a formal refuge granting process with suitable
exclusions (war criminals, serious offenders, etc.) kept.
India still remains a non-signatory to 1951 United Nations Refugee Convention and the
1967 Protocol, which help define the legal obligation of states to protect refugees.
It remains the duty of a state, especially one with a democratic ethos like Indias, to keep its
doors open for people in distress.
Any refugee, whose grant of asylum has been approved, should be given a formal recognition
of his/her asylum status along with an identity document and a travel document.
They should be able to apply for residence permits, and be able to choose their place of
residence across India. Their documents must also enable them to seek employment in the
private sector.
Simply announcing policies alone will not do. Social sensitisation remains key institutions,
private and public, should be encouraged to recognise UNHCR-issued refugee cards, in
addition to foreign degrees or diplomas.
Local municipal corporations should be asked to sensitise neighbourhood associations to
accept refugees who can pay, along with conducting integration workshops for youth and
women empowerment initiatives.
Way ahead
We need a system that enables the management of refugees with greater transparency and
accountability, replacing one that offers arbitrary decision-making to a vulnerable, victimised
population.
While the security interests of India must remain paramount, taking care of refugees in India
is a moral duty for the state.