By Subash Awate
Inspector General of Police, State Human Rights Commission.


The history of Human Rights is the history of human struggles. Various ideas and philosophies that evolved as outcome of revolutions and wars through centuries necessitated development of universal principles of human rights. The term ‘Human Rights’ was first introduced in the United States Declaration of Independence in 1776.The Institute of International Law, New York prepared a draft Declaration of Human Rights in 1929 and the Inter-American Conference passed a resolution, seeking establishment of an International Forum for the Furtherance of Human Rights of Mankind. The Atlantic Charter (1941), the United Nations Charter (1945) and the Universal Declaration of Human Rights (1948) laid down “a common standard of achievement for all peoples and all nations”. These were followed by the two Covenants on (i) Civil and Political Rights and (ii) Economic, Social and Cultural Rights in 1966. Implementation of these instruments is governed by the following principles of law enforcement: -
(a) International Human Rights Law is binding on all States and their agents, including law enforcement officials.
(b) Human Rights are a legitimate subject for international law and for international scrutiny.
(c) Law enforcement officials are obliged to know, and to apply international standards of human rights.

United Nations System for Human Rights Monitoring

The scope of the Human Rights concept is expanding day by day. All human rights and fundamental freedoms are indivisible and interdependent and hence equal and urgent attention needs to be given to their implementation, promotion and protection. To ensure this the United Nations monitoring system has developed two mechanisms:
(i) Conventional mechanism which refers to specific committees or “ treaty bodies” and
(ii) Extra-conventional mechanism or “special procedures” such as independent expert reports of special rapporteurs or working groups.
There are 6 treaty bodies to monitor implementation of international instruments –
(a) Human Rights Committee (HRC)
(b) Committee on Economic, Social & Cultural Rights (CESCR)
(c) Committee on Elimination of Racial Discrimination (CERD)
(d) Committee on the Elimination of Discrimination against Women (CEDAW)
(e) Committee against Torture (CAT)
(f) Committee on the Rights of the Child (CRC)
In addition there are various country-wise mechanisms, thematic mechanisms, working groups, special rapporteurs, independent experts, thematic mandates, sub-commissions etc. which are conducting studies, investigations and submitting reports to the U.N. Secretary General or the High Commissioner for Human Rights. The subjects handled by them include-arbitrary detention, racism, effects of toxic wastes, involuntary disappearances, arbitrary executions, extreme poverty, independence of judges and lawyers, religious intolerance, child prostitution, sale of children, child pornography, torture, violence against women, slavery, minorities, trafficking, income distribution, emergencies, terrorism, HIV/AIDS, population transfer and exoduses, armed conflicts, prisons etc.
The ceaseless efforts of the United Nations in the human rights area can be understood from the fact that there are nearly 90 international covenants, declarations and other documents known as “instruments”. All these embody political commitments by member States and also provide for the conduct of international relations in the field of human rights and bring the domestic policies in line with international code of ethics. They are beacon lights showing the path of justice and humanity to the nations.

National Human Rights Institutions

The establishment and strengthening of national human rights institutions with the technical co-operation of the United Nations provides for mechanisms for translating international concepts and norms into local human rights culture.
The National and State Human Rights Commissions can protect vulnerable groups and uphold human rights standards with greater attention to local cultural sensitivities than international or regional organizations possibly could.
The investigatory powers of Human Rights Commissions help in finding out the genesis and factual details of the incidents of abuses and in providing compensation to victims. This in itself works as deterrent to future abuse. The Commissions can also foster human rights education with a strategic focus on preventive strategies and also propose necessary legislative reforms or changes in government policy,

Human Rights and the Constitution.

Indian Republic is one of the greatest democratic systems in the world. On 26th January 1950 India become a sovereign, socialist, secular, democratic republic, to secure to all its citizens the ideals of justice, liberty, equality and fraternity. As the founder member of the U.N.O. India is a party to the UDHR 1948 and has also ratified the two international Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights.
The Indian Constitution was being framed around the same time as the UDHR and the founding fathers of our Constitution were influenced by the UDHR in addition to the Govt. of India Act 1935, Canadian Constitution, American Constitution, Irish Constitution and the Australian Constitution.
Dr. Ambedkar said: “The Declaration of Human Rights of Man has become part and parcel of our mental make-up…. These principals have become the silent, immaculate promise of our outlook”.
Pt. Jawaharlal Nehru observed: “A fundamental right should be looked upon, not from the point of view of any particular difficulty of the moment, but as something that you want to make permanent in the Constitution.”
A comparative study of the international human rights law and the Indian Constitution indicates that most of the human rights are enumerated in part III of the Constitution under the Fundamental Rights, which are enforceable by the courts of law. Thus though the Human Rights principles occupy exalted place, what matters to people is the effectiveness of the Executive and the Judiciary to render social justice to them.
The fundamental rights are classified under the following six categories:
1) Right to equality (Articles 14-18)
2) Right to freedom (Articles 19-22)
3) Right against exploitation (Articles 23-24)
4) Right to freedom of religion (Articles 25-28)
5) Cultural and educational rights (Articles 29-30)
6) Right to constitutional remedies (Articles 32-35)

Definition of Human Rights

Section 2(d) of the Protection of Human Rights Act 1993 defines,

“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 the courts in India.”

All laws are formulated in accordance with the Constitution and the basic purpose of every law is necessarily protection of human rights of individual citizens. The public servants who are vested with authority to implement and enforce laws are supposed to achieve this purpose through their actions and prove themselves as “protectors of human rights”.

NGOs – Partners in Human Rights Action

It is believed that creating a pervasive culture of human rights requires a dynamic network of partnerships. The U.N. system, the Governments, regional organizations, committed individuals and the NGO community can be very effective actors in achieving this objective.
NGOs, academic communities and citizens’ groups have been key to developing human rights priorities in the major world conferences as well as national initiatives. They can provide leadership in other areas too. Their strength lies in their ability to mobilize public opinion, disseminate information and pressure Governments to conform to international human rights standards. While some NGO defend all human rights in general, others protect the specific rights of particular vulnerable groups, such as women, children, bonded labour, disabled people, backward class people etc.
NGOs are vital actors in human rights advocacy: representing and protecting victims, providing expertise, collecting and disseminating information and encouraging human rights education. Some NGOs play indirect role in defending human rights such as offering legal assistance to vulnerable groups, conducting independent surveys, publishing newsletters, disseminating reports, creating database, developing and maintaining human rights websites and enlisting members as volunteers etc. Amnesty International, for example, the largest human rights NGO in the world has 1.2 million members in 160 countries.
NGOs are supposed to be watchdogs committed to ensure that Governments live up to their promises and obligations to protect and promote the rights of their citizens. The right to development, for example, has the potential to provide the integration of all human rights viz. civil, cultural, political, economic and social rights. To achieve it fully is a long-term goal that will require the commitment and efforts of national governments, financial institutions and international organizations and more importantly of NGOs. A rights- based approach not only defines beneficiaries according to their needs, but also recognizes that the individuals receiving assistance are having legitimate claims to the right to development. The NGOs can help bring in accountability, effectiveness and transparency of action in this process.
Human rights education aims at teaching skills, offering a universal human rights culture. It is through human rights education that the standards established in international human rights law take root in the everyday life of individuals and the local culture of the nation. The 1993 Vienna Conference confirmed that human rights education, training and public information were essential for fostering mutual understanding, tolerance and peace among communities. Who else other than NGOs can achieve this?
The NGOs with dedicated and well-informed leaders can function as the conscience of the nation in the field of Human Rights by taking prompt action to investigate instances of violation of human rights by undertaking on the spot studies and publishing the observations. The reports issued by some such NGOs like the Amnesty International are treated as vitally important in various fields.
The environment in which the NGOs are functioning today is highly complex and requires a higher degree of professionalism to face greater challenges. They can also scrutinize special legislations. Use of P.I.L. in appropriate cases, publishing articles in newspapers, organizing debates on the television and holding seminars and conferences on burning issues are some of the activities that can be undertaken by the NGOs. The task of NGOs in developing countries like India is all the more difficult due to lack of adequate funds, highly ignorant masses and poverty. Mutual trust, co-operative attitude and progressive partnerships between the Government functionaries and the NGOs can probably help in pooling the resources, improving sensitivities and establishing human rights culture.

Relevant provisions in the Human Rights Act, 1993

The inevitable role of NGOs in achieving the objective of creating human rights culture in the country has been recognized even by the lawmakers. The Protection of Human Rights Act 1993 was enacted with a view to provide for the constitution of National and Sate Commissions and Human Rights Courts for better protection of human rights and for matters connected therewith or incidental thereto. Section 12 of the Act says that the Commissions shall encourage the efforts of non-governmental organizations and institutions working in the field of human rights. The National Human Rights Commission in its Annual Reports has observed: “No duty is more essential for the Commission if it is to fulfill its responsibilities, for NGOs are its natural allies, sternest critics and indispensable partners. Just as the Commission needs to turn to NGOs in every aspect of its work, so it has had to intercede on behalf of NGOs - human rights defenders – when they have experienced harassment or difficulties.
The NHRC has been maintaining and updating the list of NGOs working in the human rights field. The list, which is growing fast, has facilitated networking amongst like-minded NGOs, strengthening their capacities in the process.