The Protection of Human Rights Act 1993, came into force on the 28th day of September, 1993.
An Act to provide for the constitution of a National Human Rights Commission. State Human Rights Commission in States and Human Rights Courts for better protection of Human Rights and for matters connected therewith or incidental thereto.Enacted by the parliament in the forty-fourth year of the Republic of India.
ACCORDING TO THE ACT -
3 (d) "human rights" means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India.
3(e) "Human Rights Court" means the Human Rights Court specified under section 30;
3(f) "International Covenants" means the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on the 16th December, 1966.
What Are Human Rights?
Human Beings are rational beings. By virtue of their being human possess certain basic and inalienable rights which are commonly known as HUMAN RIGHTS.
Human rights are rights inherent to all human beings, regardless of race, gender, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination. Since these rights belong to them because of their very existence, they become operative with their birth.
The Universal Declaration of Human Rights
The atrocities of the Second World War (1945) made the protection of human rights an international priority.
Especially the disastrous scene of Hiroshima and Nagasaki .
After the llnd world war, all the governments worldwide made a concrete effort to foster international peace, security and prevent conflict among nations, and to protect man kind. Thus, UNITED NATION ORGANISATION was founded on 24th October 1945.
Human Beings are rational beings. By virtue of their being human possess certain basic and inalienable rights which are commonly known as HUMAN RIGHTS.
Human rights are rights inherent to all human beings, regardless of race, gender, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, the right to work and education, and many more. Everyone is entitled to these rights, without discrimination. Since these rights belong to them because of their very existence, they become operative with their birth.
The Universal Declaration of Human Rights
The atrocities of the Second World War (1945) made the protection of human rights an international priority.
Especially the disastrous scene of Hiroshima and Nagasaki .
After the llnd world war, all the governments worldwide made a concrete effort to foster international peace, security and prevent conflict among nations, and to protect man kind. Thus, UNITED NATION ORGANISATION was founded on 24th October 1945.
Six principle organs of UNO -
• The General Assembly
• The Security Council
• The Economic and Social Council
• The Secretariat
• The International Court of Justice
• UN Trusteeship Council.
Other specialised agencies of UNO -
WHO, ILO, FAO, IMO, IMF, UNESCO, IFAD, ITU etc..
And in 1948, representatives from the 50 member states of the United Nations came together under the guidance of Eleanor Roosevelt (First Lady of the United States 1933-1945) to devise a list of all the human rights that everybody across the world should enjoy. Eleanor Roosevelt was appointed chair of the UN Commission on Human Rights which drafted the UDHR.
This was the first attempt to set out at a global level the fundamental rights and freedoms shared by all human beings.
On 10 December 1948, the General Assembly of the United Nations announced the Universal Declaration of Human Rights (UDHR) - 30 rights and freedoms that belong to all of us.
The UDHR marked an important shift by daring to say that all human beings are free and equal, regardless of colour, creed or religion.
The commitment of the United Nations to human rights stems from the Organization’s founding Charter. The international community has a duty to uphold and defend these rights.
At present, there are 523 different translations available in HTML and/or PDF format. Project of translating is still ongoing. UDHR set a world record in 1999 for being the most translated document in the world- a testament to its global nature and
reach.
UDHR contains 30 articles and the PREAMBLE . It enumerated the basic postulates and principles of human rights in a most comprehensive manner.
The preamble sets out the historical and social causes that led to the necessity of drafting the Declaration.
And, established the basic concepts of dignity, liberty, and equality.
• The General Assembly
• The Security Council
• The Economic and Social Council
• The Secretariat
• The International Court of Justice
• UN Trusteeship Council.
Other specialised agencies of UNO -
WHO, ILO, FAO, IMO, IMF, UNESCO, IFAD, ITU etc..
And in 1948, representatives from the 50 member states of the United Nations came together under the guidance of Eleanor Roosevelt (First Lady of the United States 1933-1945) to devise a list of all the human rights that everybody across the world should enjoy. Eleanor Roosevelt was appointed chair of the UN Commission on Human Rights which drafted the UDHR.
This was the first attempt to set out at a global level the fundamental rights and freedoms shared by all human beings.
On 10 December 1948, the General Assembly of the United Nations announced the Universal Declaration of Human Rights (UDHR) - 30 rights and freedoms that belong to all of us.
The UDHR marked an important shift by daring to say that all human beings are free and equal, regardless of colour, creed or religion.
The commitment of the United Nations to human rights stems from the Organization’s founding Charter. The international community has a duty to uphold and defend these rights.
At present, there are 523 different translations available in HTML and/or PDF format. Project of translating is still ongoing. UDHR set a world record in 1999 for being the most translated document in the world- a testament to its global nature and
reach.
UDHR contains 30 articles and the PREAMBLE . It enumerated the basic postulates and principles of human rights in a most comprehensive manner.
The preamble sets out the historical and social causes that led to the necessity of drafting the Declaration.
And, established the basic concepts of dignity, liberty, and equality.
There are Two kinds of Human Rights -
1) Civil and Political Rights (Article 01 to 21)
right to life, personal liberty, property,privacy, home and correspondence,
security of persons. Freedom from torture, inhuman, degrading treatment, freedom of thought, conscience, religion and movement.
Political Rights- to participate in government of a state, right to vote, to be elected at genuine periodic elections, take part in conduct of public affairs.
2) Economic , Social and Cultural Rights (Article 22 to 27.) Are based fundamentally on concept of social equality. Guarantees minimum necessities of life. Right to adequate food, clothing, housing adequate standard of living, work, social security, physical and mental health and right to education. Freedom from hunger. Also known as Positive Rights.
NECESSITY OF HUMAN RIGHTS
These rights are essential for all the individuals as they are consonant with their freedom and dignity and are conducive to physical, moral, social and spiritual welfare. They are also necessary as they provide suitable conditions for the material and moral uplift of the people.
Because of their immense significance to human beings; human rights are also sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights.
For the first time, a global agreement put human beings, not power politics, at the heart of its agenda.
INTERNATIONAL HUMAN RIGHTS LAW
International human rights refers to the body of international law which is designed to promote and protect human rights at the international, regional and national level.
Human rights is international in the sense of it being universal, applying to all individuals.
However, international human rights law refers mainly to the obligations of states to individuals within their jurisdiction. When states fail to assure realisation of human rights to the individuals within their jurisdiction international obligation arises. Thus, obligations to provide human rights individuals is mainly intra- national and in some cases international. Idea of protecting human rights under international law in addition to municipal law developed slowly mainly because state sovereignty proved a stumbling block in efforts to impose international legal obligations upon states to protect individuals.
After World War llnd and UNO foundation, the International Human Rights Law has been developing unprecedented way and has become substantive part of international law.
There's no global government to protect human rights, it's being protected by various bodies of UNO and Inter Governmental Organisations.
International Court of Justice (ICJ) to solve matters between nations and maintain law and order at international level.
VIOLATION OF HUMAN RIGHTS
The International Criminal Court was created to deal with the most serious of international human rights abuses – generally amounting to genocide or war crimes. ... Either the UN or a country itself can refer cases to the International Criminal Court for further investigation and possible prosecution.
There are Human Rights Commission at both State and National level, to protect the rights of Human beings and also take steps or actions against the cases of violation of Human Rights, after enquiry of the whole matter.
2) Economic , Social and Cultural Rights (Article 22 to 27.) Are based fundamentally on concept of social equality. Guarantees minimum necessities of life. Right to adequate food, clothing, housing adequate standard of living, work, social security, physical and mental health and right to education. Freedom from hunger. Also known as Positive Rights.
NECESSITY OF HUMAN RIGHTS
These rights are essential for all the individuals as they are consonant with their freedom and dignity and are conducive to physical, moral, social and spiritual welfare. They are also necessary as they provide suitable conditions for the material and moral uplift of the people.
Because of their immense significance to human beings; human rights are also sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights.
For the first time, a global agreement put human beings, not power politics, at the heart of its agenda.
INTERNATIONAL HUMAN RIGHTS LAW
International human rights refers to the body of international law which is designed to promote and protect human rights at the international, regional and national level.
Human rights is international in the sense of it being universal, applying to all individuals.
However, international human rights law refers mainly to the obligations of states to individuals within their jurisdiction. When states fail to assure realisation of human rights to the individuals within their jurisdiction international obligation arises. Thus, obligations to provide human rights individuals is mainly intra- national and in some cases international. Idea of protecting human rights under international law in addition to municipal law developed slowly mainly because state sovereignty proved a stumbling block in efforts to impose international legal obligations upon states to protect individuals.
After World War llnd and UNO foundation, the International Human Rights Law has been developing unprecedented way and has become substantive part of international law.
There's no global government to protect human rights, it's being protected by various bodies of UNO and Inter Governmental Organisations.
International Court of Justice (ICJ) to solve matters between nations and maintain law and order at international level.
VIOLATION OF HUMAN RIGHTS
The International Criminal Court was created to deal with the most serious of international human rights abuses – generally amounting to genocide or war crimes. ... Either the UN or a country itself can refer cases to the International Criminal Court for further investigation and possible prosecution.
There are Human Rights Commission at both State and National level, to protect the rights of Human beings and also take steps or actions against the cases of violation of Human Rights, after enquiry of the whole matter.
COMMON EXAMPLES OF VIOLATIONS OF HUMAN RIGHTS -
Child labour, Human Trafficking, Forcing girls/women towards Prostitution, Slavery, Holocaust or war etc..
CHILDRENS, WOMENS, DISABLED PERSONS, AGED PERSONS, MIGRANT WORKERS OR PERSONS BELONGING TO ANY PARTICULAR RACE, who are either weak by nature or by deep rooted customs - are weak and vulnerable, and their rights are easily and frequently violated by the dominant section of society. Thus, special provisions under acts are there to protect their rights.
Child labour, Human Trafficking, Forcing girls/women towards Prostitution, Slavery, Holocaust or war etc..
CHILDRENS, WOMENS, DISABLED PERSONS, AGED PERSONS, MIGRANT WORKERS OR PERSONS BELONGING TO ANY PARTICULAR RACE, who are either weak by nature or by deep rooted customs - are weak and vulnerable, and their rights are easily and frequently violated by the dominant section of society. Thus, special provisions under acts are there to protect their rights.
CONCLUSION -
We should know and protect our rights and stand for it, if violated. Also, we should never exploit others and also protect ourselves from exploitation.
10 DECEMBER- HUMAN RIGHTS DAY
PRAGYA SHARMA
pragyawritingloudly.blogspot.com
REFERENCE -:
• Protection of Human Rights Act 1993 - http://hrlibrary.umn.edu/research/humanrightsact-1993.html
• INTERNATIONAL LAW AND HUMAN RIGHTS- DR. H O AGRAWAL. ..
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