Good Governance and Human Rights ‘Tanvi Desai” Introduction ‘Modern state is a welfare state by which it is expected to provide such governance which guarantees to one and all the basic human rights without discrimination. For this, right to equality should be implemented not merely in theory but in practical so ‘a good governance, must be one which protects this human rights, Definition of Human Rights The term Human Rights denotes all those rights which are inherent in our nature and without which we cannot live as human beings. According to section 2 of the protection of Human Rights Act, 1993 Human Rights means the rights relating to life, liberty, equality and dignity of an individual guaranteed by the constitution or embodied in the Intemational Covenants and enfor cable by the courts of India, ‘What is good governance? The term good governance is not defined particularly. The term is used with great flexibility; depending on the context and the overriding objective sought Governance is the delivery of political goods ~ beginning with security — to citizens of nation — states. The hierarchy of political goods begins with the supply of security, especially human security. A well govemed nation provides: * Rules of law; * Political and civil freedoms; = Medical and health care; schools and educational instruction, "Roads, railways, the arteries of commerce; * Communications networks; ‘Adhoc lecturer, Shah K.M.Law College Valsad 143= A money and banking system; * A fiscal and institutional contexts within which citizen can prosper; = Support for civil ciety, A method of regulating the sharing of the environmental commons. Rights to corruption-free governance; and * Freedom of information and expression required for formulations of publie policies, decision-making, monitoring and evaluation of government performance Link between Good Governance and Human Rights Human Rights principles provided a set of values to guide the work of Government and other political and social institutions. They also provide a set of performance standards against which these institutions can be held accountable, Moreover, human rights principles inform the content of good governance efforts: they may inform the development of legislative frameworks, policies, programmes, budgetary allocations and other measures. On the other hand, without good Govemance, human rights cannot be respected and protected in a sustainable manner. So human rights can be implied through legal framework and institutions, The link between good governance and human rights can be organized around four areas; Democratic institution, Service delivery, Rule of law, Anti-corruption They may encourage civil society and local communities to formulate and express their positions on issues of importance to them, When it comes to the rule of law, good governance initiatives may include advocacy for legal reform, public awareness-raising on the national and intemational legal framework and capacity building or reform of institutions. In fighting corruption good governance should make initiative and establish an institution such as anti-corruption commissions, 144creating mechanisms of information sharing and monitoring governments’ use of public funds and implementation of policies, Good Governance, Human Rights and Development The interconnection between good governance, human rights and sustainable development has been made directly or indirectly by the intemational community in a number of declarations and other global conference documents. For example the Declaration on the Right to Development proclaims that every human person and all peoples “are entitled to participate in, contribute to, and enjoy economic, social, cultural and political development” (article 1) ‘The concept of good governance in the main International Human Rights Anstruments From a human rights perspective, the concept of good governance can be link to principles and rights set out in the main intemational human rights instruments. Article 21 of the Universal Declaration of Human Rights recognizes the importance of a participatory government article 28 states that everyone is entitled to a social and international order in which the rights and freedoms set forth in the Declaration can be fully realized. Article 2 of the International Covenant on Civil and Political Rights requires states parties to respect and to ensure the rights recognized in the covenant and to take the necessary steps to give effect to those rights. Under the International covenant on Economic, social and Cultural Rights, states are obliged to take steps with a view to achieving progressively the full realization of the rights recognized in the covenant by all appropriate means, Human rights and good governance ‘As per the United Nations Commission on Human Rights, good governance include transpareney, responsibility, accountability, participation and responsiveness, to the needs of people. Thus, good governance is one which enables the enjoyment of human rights and promoting growth and sustainable human development. Every civil 145society expects that its government would fulfil its commitments and provide an atmosphere which would leads to individual growth. Transparency and accountability is an important attribute of good governance, the government which is stable and truly representative of the majority of the people and which accelerates the economic growth and development and ensures the welfare of all sections of the society of large. ‘The traditional concept of governance simply implied and exercise of control by a body of persons elected or brought into power by force, to rule & to reign over their subjects in whatever way they linked. But after the passage of time and growth of democratic atmosphere throughout the world it was realized that people are not only the subjects but they have their legal rights and their sovereign having corresponding obligations towards them for providing, securing and promoting their social, economic and political welfare, dian Constitution Indian constitution gives sufficient indication as maintained by the state, The frames of our constitution placed “justice” at the highest pedestal than the other principles ice. liberty and fraternity. The preamble clearly gives importance to social and economic justice over political justice. We have laid down charter of human rights including equality for one and all, including foreign visitors to country. Every citizen is granted freedoms of the press to form association and to move freely inside the country and to settle at any place of his choice & including freedom to engage in any trade, profession or business. All the above fundamental rights are made enforceable throughout the country by the higher courts of all the state as also Indian Supreme Court. Thus Indian judiciary is responsible for providing real strength to all this rights, Legislature, judiciary and executive are the three main pillars that sustain the goal of national development. The constitution of India incorporated Art.51 in 1950 itself which states the promotion of international peace and security. 146A good political structure should have absolute power to enact laws and consists of political legitimacy. Hence political institutions should be on containing the basic element of creation of effective and informed institution a public platform should be provided to keep their views so that the concept of participatory democracy is fulfilled. Thus a strong civil society is to be created with people of ethical, moral and patriotic views. If we talk of good governance than it should be tested on the touchstone of human rights, In 1993 Parliament has also created a National Human Rights Commission and also similar Commissions in various States to supervise and to check violation of Human Rights. These commissions are manned by very high and responsible judicial and other public officials Nations in general have agreed to act upon vital issue of human rights and at various International forums, various Conventions and Agreement have been negotiated. ‘Some of them may be pointed out in this connection- 1... Universal Declaration of Human Rights, 1948, 2... The international Covenant on civil and Political Rights,1966 3... The international Covenant on Economic, Social and cultural Rights, 1966 4... Optional Protocol to the Covenant on Civil and Political Rights of 1966 in respect of individual's communication system who is claiming to be victim of violation of Human Rights; 5... Second Optional Protocol to the International covenant on Civil and Political Rights Aiming at the Abolition of Death Penalty, 1989. 147Indian Case Law Indian Judiciary consistently relied upon international covenants in order to provide good governance, citizens’ rights and rule of law. A sample of such cases has been presented below: In Nilabati Behera (Smt) alias Lalita vs State of Orissa (1993) 2 SCC 746 an earlier case of custodial death, an express reference was made to Article 9(5) of the international Covenant on Ci I and Political Rights, 1966 which indicates that an enforceable right to compensation is not alien to the concept of enforcement of a ‘guarantees right. Pratap singh Vs. State of Jharkhand (2005) 3 SCC 551 a case Justice Sinha has rightly observed that the international treaties, Covenants and conventions although may not be a part of our municipal law, the same can be referred to and followed by the courts having regard to the fact that India is a party to the said treaties. In people’s Union for Civil Liberties Vs. Union of India 2004(2) SCC 476 a very large number of foreign cases were referred to and ones again it was reiterated that the provisions of a covenant, International Covenant on Civil and Political Rights, 1966 which elucidate and go to effectuate the fundamental rights and hence, enforceable as such. Conclusion Though the Constitution of India is framed with a fundamental concept covering the basic human rights, still a question arises that whether each and every individual enjoy these basic human rights? Is there no injustice prevalent at social, economic or political level? Have every citizen been living freely from any kind of discrimination and prejudice and living life with dignity? If any of the above questions answer is in the negative than we cannot claim that this country is providing good governance, after achieving independence till today. 148,I think for achieving a bright future for our country, each of us should perform his duly honestly and respect the rights of an individual provided by our constitution ‘genuinely. Only then the concept of good governance can be truly met. In the end, it may be concluded that in different systems of governance in the world, the ideal should be to create conditions for value oriented society and social institutions. Each state must look at the question of good governance, not merely from the viewpoint of legality but it must take into consideration the concept of legitimacy. It is not a question of mere legal validity by enacting any kind of law but the scenario must be to create value as the real content of the law since the ultimate object of any governance is welfare of its own people. References www. ohchr.org/document/goodgovernance.pdf ‘www.ohchr.org/doe/pub/goodgovernance.pdf Article by Justice Y.K Sabhanwal Article by Justice K.G.Balakrishnan 14g