What are Human Rights?

Human rights are the basic rights and freedoms to

which all humans are considered entitled:

the right to life, liberty, freedom of thought and

expression, and equal treatment before the law, among others.

These rights represent entitlements of the individual or groups vis-B-vis the government,
as well as responsibilities of the individual and the government authorities.

Such rights are ascribed "naturally," which means that they are not earned and cannot be
denied on the basis of race, creed, ethnicity or gender.[1] These rights are often advanced
as legal rights and protected by the rule of law. However, they are distinct from and prior to
law, and can be used as standards for formulating or criticizing both local and international
law. It is typically thought that the conduct of governments and military forces must
comply with these standards.

Various "basic" rights that cannot be violated under any circumstances are set forth in
international human rights documents such as the Universal Declaration of Human Rights,
the International Covenant on Economic, Social and Cultural Rights, and the International
Covenant on Civil and Political Rights. The rights established by these documents include
economic, social, cultural, political and civil rights.[2]

While human rights are not always interpreted similarly across societies, these norms
nonetheless form a common human rights vocabulary in which the claims of various
cultures can be articulated. The widespread ratification of international human rights
agreements such as those listed above is taken as evidence that these are widely shared
values.[3] Having human rights norms in place imposes certain requirements on
governments and legitimizes the complaints of individuals in those cases where
fundamental rights and freedoms are not respected.[4] Such norms constitute a standard
for the conduct of government and the administration of force. They can be used as
"universal, non-discriminatory standards" for formulating or criticizing law and act as
guidelines for proper conduct.[5]

What it Means to Violate

Human Rights

The 'disappearances' of detainees in the custody of

Russian federal forces in Chechnya is a major human
rights crisis that the Russian government and the
There is now near-universal international community must address."
consensus that all individuals
are entitled to certain basic "While combat between federal forces and Chechen rebels
rights under any has for the most part ceased, the 'disappearance,' torture,
circumstances. These include and summary execution of detainees continues, marking
certain civil liberties and the transition from a classical internal conflict into a 'dirty
political rights, the most war,' where human rights violations and not the conquest
fundamental of which is the or defense of territory are the hallmarks." -- Human Rights
right to life and physical safety. Watch, click here for web page.
Human rights are the
articulation of the need for justice, tolerance, mutual respect, and human dignity in all of
our activity.[1] Speaking of rights allows us to express the idea that all individuals are part
of the scope of morality and justice.

To protect human rights is to ensure that people receive some degree of decent, humane
treatment. To violate the most basic human rights, on the other hand, is to deny individuals
their fundamental moral entitlements. It is, in a sense, to treat them as if they are less than
human and undeserving of respect and dignity. Examples are acts typically deemed "crimes
against humanity," including genocide, torture, slavery, rape, enforced sterilization or
medical experimentation, and deliberate starvation. Because these policies are sometimes
implemented by governments, limiting the unrestrained power of the state is an important
part of international law. Underlying laws that prohibit the various "crimes against
humanity" is the principle of nondiscrimination and the notion that certain basic rights
apply universally.[2]

The Various Types of Violations

The number of deaths related to combat and the collateral damage caused by warfare are
only a small part of the tremendous amount of suffering and devastation caused by
conflicts. Over the course of protracted conflict, assaults on political rights and the
fundamental right to life are typically widespread. Some of the gravest violations of the
right to life are massacres, the starvation of entire populations, and genocide. Genocide is
commonly understood as the intentional extermination of a single ethnic, racial, or
religious group. Killing group members, causing them serious bodily or mental harm,
imposing measures to prevent birth, or forcibly transferring children are all ways to bring
about the destruction of a group. Genocide is often regarded as the most offensive crime
against humanity.

The term "war crime" refers to a violation of the rules of jus in bello (justice in war) by any
individual, whether military or civilian.[3] The laws of armed conflict prohibit attacks on
civilians and the use of weapons that cause unnecessary suffering or long-term
environmental damage.[4] Other war crimes include taking hostages, firing on localities
that are undefended and without military significance, such as hospitals or schools,
inhuman treatment of prisoners, including biological experiments, and the pillage or
purposeless destruction of property.[5] Although clearly outlawed by international law,
such war crimes are common. According to Kofi Annan, Secretary-General of the United
Nations, it is increasingly true that "the main aim...[of conflicts]... is the destruction not of
armies but of civilians and entire ethnic groups."[6]

Women and girls are often raped by soldiers or forced into prostitution. For a long time, the
international community has failed to address the problem of sexual violence during armed
conflict.[7] However, sexual assaults, which often involve sexual mutilation, sexual
humiliation, and forced pregnancy, are quite common. Such crimes are motivated in part by
the long-held view that women are the "spoils" of war to which soldiers are entitled.
Trafficking in women is a form of sexual slavery in which women are transported across
national borders and marketed for prostitution. These so-called "comfort women" are
another example of institutionalized sexual violence against women during wartime. Sexual
violence is sometimes viewed as a way to destroy male and community pride or humiliate
men who cannot "protect" their women. It is also used to silence women who are politically
active, or simply inflict terror upon the population at large.[8] Mass rapes may also form
part of a genocidal strategy, designed to impose conditions that lead to the destruction of
an entire group of people. For example, during the 1990s, the media reported that "rape
and other sexual atrocities were a deliberate and systematic part of the Bosnian Serb
campaign for victory in the war" in the former Yugoslavia.[9]

Rather than simply killing off whole populations, government forces may carry out
programs of torture. Torture can be either physical or psychological, and aims at the
"humiliation or annihilation of the dignity of the person."[10] Physical torture might
include mutilation, beatings, and electric shocks to lips, gums, and genitals.[11] In
psychological torture, detainees are sometimes deprived of food and water for long
periods, kept standing upright for hours, deprived of sleep, or tormented by high-level
noise.

Torture is used in some cases as a way to carry out interrogations and extract confessions
or information. Today, it is increasingly used as a means of suppressing political and
ideological dissent, or for punishing political opponents who do not share the ideology of
the ruling group.[12]

In addition to torture, tens of thousands of people detained in connection with conflicts

"disappear" each year, and are usually killed and buried in secret.[13] Government forces
"take people into custody, hold them in secret, and then refuse to acknowledge
responsibility for their whereabouts or fate."[14] This abduction of persons is typically
intended to secure information and spread terror. In most cases, interrogations involve
threats and torture, and those who are arrested are subsequently killed.[15] Corpses are
buried in unmarked graves or left at dumpsites in an attempt to conceal acts of torture and
summary execution of those in custody.[16] Because people disappear without any trace,
families do not know whether their loved ones are alive or dead.

Various lesser forms of political oppression are often enacted as well. Individuals who pose
a threat to those in power or do not share their political views may be arbitrarily
imprisoned, and either never brought to trial or subject to grossly unfair trial procedures.
Mass groups of people may be denied the right to vote or excluded from all forms of
political participation. Or, measures restricting people's freedom of movement may be
enforced. These include forcible relocations, mass expulsions, and denials of the right to
seek asylum or return to one's home.[17]

Political oppression may also take the form of discrimination. When this occurs, basic
rights may be denied on the basis of religion, ethnicity, race, or gender. Apartheid, which
denies political rights on the basis of race, is perhaps one of the most severe forms of
discrimination. The system of apartheid in South Africa institutionalized extreme racial
segregation that involved laws against interracial marriage or sexual relations and
requirements for the races to live in different territorial areas. Certain individuals were
held to be inferior by definition, and not regarded as full human beings under the law.[18]
The laws established under this system aimed at social control, and brought about a society
divided along racial lines and characterized by a systematic disregard for human rights.

In addition, women are uniquely vulnerable to certain types of human rights abuses -- in
addition to the sexual abuse mentioned above, entrenched discrimination against women is
prevalent in many parts of the world and leads to various forms of political and social
oppression. This includes strict dress codes and harsh punishments for sexual
"transgressions," which impose severe limitations on women's basic liberties. In addition,
women in some regions (Africa , for example) suffer greater poverty than men and are
denied political influence, education, and job training.[19]

Rights Protection
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Human rights are the rights that we possess as human beings- right to live, liberty and
human dignity. Protection of human rights, indicated by the Human Rights Index is a
measure of a country’s status or level of development. Protection of human rights is of
prime importance because they are the basic rights to be enjoyed by every human being.

The issues relating to human rights’ violations not only pertain to humans in general but
also specific vulnerable sections like women, children, bonded labourers, persons with
disability and refugees.

The violation of human rights can be studied in two different perspectives, i.e. during
normal circumstances, and during special situations like war. Under normal circumstances
the human rights remain, more or less, secure and there are little violations. The citizens
have the right to criminal justice and freedom from arbitrary detention and punishment.

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Emphasis on the aspect of human rights has been laid down by many articles of the
Universal Declaration of Human Rights and the International Covenant on Civil and
Political Rights.
The detention itself may be preventive or punitive. In India, it has been recognised since
long that the history of honour of human rights in this field is largely the achievement of
the observance of procedural safeguards against arbitrary detention. Before a person can
be arrested, put in preventive detention or is given the punishment, the principles of
criminal law and criminal procedure must be followed by the state. In fact the adherence to
the rule of law is sine qua non for the protection of freedom of individual.

In India the State’s power of preventive detention is subject to Article 22 of the

Constitution. The law must provide for the arrest warrant to be issued by a competent
authority; the person must be produced before a magistrate within 24 hours of detention;
he must be supplied with the grounds and details of his arrest; and he must be given the
right of making representation against the decision of the arrest. In case of punitive
detention, fair process in under trial custody or imprisonment for serving a term, as
described in the principles of criminal justice must be followed, the denial of which means
violation of human rights.

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All these procedures are more or less followed. However, there have been certain indicants
which lead us to believe that human rights are not secure in India. There have been
atrocities on the prisoners and custodial deaths. Some of the prisoners have committed
suicides. The reasons of custodial deaths and suicides in the jails cast serious aspersions on
the protection of human rights in our country.

Such incidents shake the faith of people in the rule of law as prevailing in the country. The
mass media- newspapers, TV and radio-is so strong these days that such incidents are
exposed. At times, the authorities are forced to initiate action against the erring officers,
but the fact is that no strict punishment is given to the involved high-ranking officials.
However, things are changing fast.

The incidents of violation of human rights are made public by the media quickly these days.
The concerned officers and even ministers are called upon to answer questions relating to
the incident through teleconferencing. There are bodies like National Human Rights
Commission, the States’ Human Rights Commission, Central Bureau of Investigation, many
Non-Government Organisations (NGOs) and human rights/social activists which take
up/investigate the cases relating to the violation of human rights.

The places of communal tension are the worst examples of violation of human rights.
Innocent people are killed or seriously injured. For example, in Kashmir, thousands of
Kashmiri Hindus were brutally killed by terrorists and other dissident groups. Women and
children were also the worst sufferers of brutalities.

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Similarly, in Gujarat, in the aftermath of Gandhara carnage, many innocent Muslims were
killed by fanatics. The State administrative machinery did its best to protect the basic
human right of the people-to live-but failed. Even now, terrorism remains a big threat to
civil society all over the world.

It is rather paradoxical that while human life exists in family units with women and
children as its integral part, yet in the modern age, women and children have to struggle to
get the shelter of human rights for their existence and respectful survival. The western
societies are considered more progressive than the occidental Chinese, Indian or Islamic in
recognizing equal rights of women.

The slogan-‘Women’s liberation’- asking for human rights for women, equality in the right
to work, recognition of property rights and protection against sexual harassment
originated in the west. In the ancient Indian society, women have been subject to social
evils like sati, purdah and child marriage. They were the oppressed and exploited class for
centuries. In the contemporary fight for human rights in general, women and children have
emerged as the deprived class-though living in the same elite set-up of rich, broad-minded
and sophisticated society.

Gender relations have been noticeably independent of nature of society-western or

occidental, affluent or poor, developed or developing. All of them have the same basic
issue-the attitude of men towards women. Despite tall claims and official smokescreen, the
fact remains that women’s equality in most societies is a myth, not reality.

Their human rights are not fully protected. Similarly, despite the enforcement of Child
Labour (Prohibition and Regulation) Act, 1986 there are over two lakhs working children
in 13 labour endemic States in India. At the age when they should be receiving education to
secure their future, they are forced to work in dangerous and unsafe conditions.

Hundreds of them get seriously injured every year; many of them even get killed. There is a
need to identify such children, withdraw them from workplaces and rehabilitate them.

Bonded labour is another curse which is instrumental in the violation of human rights. In
India the system of debt bondage has been an outcome of certain categories of
indebtedness prevailing for a long time involving certain poor and helpless sections of
society.

The system originated in the uneven social structure characterised by the feudal and semi-
feudal conditions. Under the Bonded Labour System (Abolition) Act, 1976 the identification
and release of bonded labourers is the direct responsibility of the State Government
concerned. The issue has also been discussed by the Supreme Court of India in the form of
Public Interest Litigation. The apex court has directed that the National Human Rights
Commission (NHRC) should be involved in dealing with the issue of bonded labour.

The NHRC has also undertaken an exercise to ensure the upkeep of mentally challenged
under trials locked in various jails across the country. Necessary guidelines have been
framed keeping in mind the judgments of the Supreme Court and the reference made in the
Mullah Committee. The Delhi High Court has directed the judicial academy in the capital to
organise short time capsule courses to sensitive judicial officers to deal with cases
involving mentally unsound accused.

The problem of international refugees arose when the national minorities were not
tolerated in States-as often happened in Europe. When the map of Europe was reorganised
on the principle of nationalities and self-determination of people, there was a reshuffling of
populations along with international assurance that those who stayed in the new States,
their basic rights would be honoured. However, millions of people were stranded as
refugees in various countries.

The problem of statelessness is deeply related with the protection of human rights. The
international community decided to solve it by bringing the right to asylum. The General
Assembly of the United Nations adopted a convention relating to the status of refugees, and
created the office of the UN High Commission for Refugees (UNHCR). It was felt that asylum
as a human right is essential to achieving effective protection of the people likely to suffer
persecution on account of political views, religious faith or ethnic consideration.

Objectives and main activities

The UNDP[1] describes itself as “the UN's global development network, an organisation for
change and connecting countries to knowledge, experience and resources to help people
build a better life.”

With a staff of almost 5,000, it has national offices in 166 countries.

The UNDP has dual role at the national level.

On the one hand, , it provides expert advice, training, and grant support to developing
countries to help achieve a range of national and international goals, such as the
Millennium Development Goals (MDGs).[2]

. On the other hand, it supports the coordination of UN activities at national level, it works
closely with the government, agencies and other development partners.

The UNDP’s specific focus areas are worked out in line with changing conditions and
demands from countries.

They are then presented to the UNDP Executive Board for endorsement in the context of
three-year programme frameworks.

the following are core goals:[3]

 Achieving the MDGs and reducing human poverty

 Fostering democratic governance
 Managing energy and environment for sustainable development
  Supporting crisis prevention and recovery
 Responding to HIV/AIDS

Looking to the future

UNDP works in about 170 countries and territories, helping to achieve the eradication of
poverty, and the reduction of inequalities and exclusion.

they help countries to develop policies, leadership skills, partnering abilities, institutional
capabilities and build resilience in order to sustain development results.

At UNDP, world leaders adopted the 2030 Agenda for Sustainable Development to end
poverty, protect the planet and ensure that all people enjoy peace and prosperity.

UNDP is working to strengthen new frameworks for development, disaster risk reduction
and climate change.

they support countries' efforts to achieve the Sustainable Development Goals, or Global
Goals, which will guide global development priorities through 2030.

UNDP's Strategic Plan (2018-2021) has been designed to be responsive to the wide
diversity of the countries they serve. The diversity is reflected in three broad development
contexts:

 Eradicate poverty in all its forms and dimensions

 Accelerate structural transformations
 Build resilience to shocks and crises

To respond to these issues, and better focus its resources and expertise to deliver on the
2030 Agenda, UNDP has identified a set of approaches that we call our Signature Solutions:

 Keeping people out of POVERTY

 GOVERNANCE for peaceful, just, and inclusive societies
 Crisis prevention and increased RESILIENCE
 ENVIRONMENT: nature-based solutions for development
 Clean, affordable ENERGY
 Women's empowerment and GENDER equality

In all activities, they encourage the protection of human rights and the empowerment of
women, minorities and the poorest and most vulnerable.

The annual Human Development Report, commissioned by UNDP, focuses the global
debate on key development issues, providing new measurement tools, innovative analysis
and often controversial policy proposals.
UNDP also administers the UN Capital Development Fund, which helps developing
countries grow their economies by supplementing existing sources of capital assistance by
means of grants and loans; and UN Volunteers, which fields over 6,500 volunteers from 160
countries, serving with 38 UN partners in support of peace, security, human rights,
humanitarian delivery and development through volunteerism worldwide.

On average, UNDP supports an election somewhere in the world every two weeks. Photo:
Tim McKulka/UNDP South Sudan

Fit-for-purpose to deliver on Agenda 2030

As countries implement the 2030 Agenda, UNDP is by their side.

UNDP’s strength comes from having the trust of developing countries, owing to their
impartial character, longstanding presence and commitment to the poorest and most
vulnerable. We also play a key role as the support platform of the wider UN Development
System, helping agencies work together for sustainable development.

Our Strategic Plan 2018-2021 sets out the direction for a new UNDP, optimized to help
countries achieve the 2030 Agenda for Sustainable Development. With an improved
business model making us more effective, transparent and accountable, we can deliver
stronger results for those we serve.

Our new Integrated Results and Resources Framework clearly shows the allocation of
resources and results achieved, allowing stakeholders to easily monitor performance, learn
lessons, and hold the organization accountable for the funds entrusted to it. Executive
Board members were pleased with the new reporting format based on the Framework, and
welcomed the 2015 Annual Report as a step towards greater results-based management.

UNDP has improved standards for programme planning and quality assurance, and a
robust process for programme appraisal. Country Programme Documents show better
targeting of resources. Data is used more rigorously to inform programming, and new
quality standards for projects have been rolled out.

UNDP is today a leaner and more efficient organization, operating even closer to the
field. UNDP’s new structure reflects a staff reduction of 12 percent at headquarters and
regional levels. We have also moved a further 20 percent of staff from New York to regional
hubs to strengthen our support to country offices.

For two consecutive years, the Aid Transparency Index has recognized UNDP as the most
transparent development agency in the world, while AidData (2015) names UNDP
among the development partners that communicate most frequently with host government
counterparts. We have put in place an open data platform that enables wide global usage of
data. More details of UNDP’s activities, budgets and results are being published than ever
before on open.undp.org, covering more than 4,000 projects in 155 countries and
territories.

As of 1 January 2015, UNDP adopted mandatory Social and Environmental Standards for all
of its projects and programmes. These standards will strengthen UNDP’s efforts for
increased quality in its programmes and ensure social and environmental benefits for the
people we serve.

UNDP is guided by the United Nations Development Group’s common approach

implementing the SDGs, called MAPS, or Mainstreaming, Acceleration, and Policy Support.

Adequate levels of Core Resources and lightly earmarked funds are essential for UNDP to
carry out its mandate and to coordinate UN system support to help countries “land” the
SDGs. With about US$5 billion in voluntary contributions annually, UNDP remains a
partner of choice and passes the “market test” in an environment in which partners can
choose from many organizations to work with.

All sources of finance — domestic and international, public and private — are needed to
achieve the SDGs. UNDP is redoubling efforts to develop partnerships with International
Financial Institutions, civil society, the private sector, as well as individuals. The aim is to
have UNDP support governments in securing increasingly diverse sources of innovative
financing for development and ensure that such financing is risk-informed.

4 Main Causes of Poverty in India – Explained!

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Four main causes of poverty in India are as follows:

It is said that “a country is poor because it is poor.” This idea has come down from Ragnar
Nurkse who pinpointed the problem of the vicious circle of poverty. Low level of saving
reduces the scope for investment; low level of investment yields low income and thus the
circle of poverty goes on indefinitely.
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Rural poverty is a multi-dimensional social problem. Its causes are varied. They are as
follows:

1. Climatic factors:

Climatic conditions constitute an important cause of poverty. The hot climate of India
reduces the capacity of people especially the ruralites to work for which production
severely suffers. Frequent flood, famine, earthquake and cyclone cause heavy damage to
agriculture. Moreover, absence of timely rain, excessive or deficient rain affect severely
country’s agricultural production.

2. Demographic factors:

The following demographic factors are accountable for poverty in India.

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(i) Rapid growth of population:

Rapid growth of population aggravates the poverty of the people. The growth of population
exceeds the rate of growth in national income. Population growth not only creates
difficulties in the removal of poverty but also lowers the per capita income which tends to
increase poverty. The burden of this reduction in per capita income is borne heavily by the
poor people. Population growth at a faster rate increases labour supply which tends to
lower the wage rate.

(ii) Size of family:

Size of the family has significant bearing on rural poverty. The larger the size of family, the
lower is the per capita income, and the lower is the standard of living. The persistence of
the joint family system has contributed to the health and earning capacity of the ruralites.

3. Personal causes:

(i) Lack of motivation:

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Lack of motivation is an important cause of rural poverty. Some ruralites do not have a
motive to work hard or even to earn something. This accounts for the poverty of the
ruralites.

(ii) Idleness:
Most of the rural people are lazy, dull and reluctant to work. Hence they rot in poverty.

4. Economic causes:

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(i) Low agricultural productivity:

Poverty and real income are very much interrelated. Increase in real income leads to
reduction of the magnitude of poverty. So far as agricultural sector is concerned, the
farmers even today are following the traditional method of cultivation. Hence there is low
agricultural productivity resulting in rural poverty.

(ii) Unequal distribution of land and other assets:

Land and other forms of assets constitute sources of income for the ruralites. But,
unfortunately, there has been unequal distribution of land and other assets in our
economy. The size-wise distribution of operational holdings indicates a very high degree of
concentration in the hands of a few farmers leading to poverty of many in the rural sector.

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(iii) Decline of village industries:

At present consequent upon industrialization new factories and industries are being set up
in rural areas. Village industries fail to compete with them in terms of quality and price. As
a result they are closed down. The workers are thrown out of employment and lead a life of
poverty.

(iv) Immobility of labour:

Immobility of labour also accounts, for rural poverty. Even if higher wages are offered,
labourers are not willing to leave their homes. The joint family system makes people
lethargic and stay-at-home.

The ruralites are mostly illiterate, ignorant, conservative, superstitious and fatalistic.
Poverty is considered as god-given, something preordained. All these factors lead to
abysmal poverty in rural India.

(v) Lack of employment opportunities:

Unemployment is the reflection of poverty. Because of lack of employment opportunities,

people remain either unemployed or underemployed. Most of these unemployed and
underemployed workers are the small and marginal farmers and the landless agricultural
labourers.
5. Social causes:

(i) Education:

Education is an agent of social change and egalitarianism. Poverty is also said to be closely
related to the levels of schooling and these two have a circular relationship. The earning
power is endowed in the individual by investment in education and training. But this
investment in people takes away money and lack of human investment contributes to the
low earning capacity of individuals.

In this way people are poor because they have little investment in themselves and poor
people do not have the funds for human capital investment.

(ii) Caste system:

Caste system in India has always been responsible for rural poverty. The subordination of
the low caste people by the high caste people caused the poverty of the former. Due to rigid
caste system, the low caste people could not participate in the game of economic progress.

A Shudra was not allowed to become a trader and a Vaisya could earn his bread only by
trade.

Birth would decide their occupation and their economic fate. K. V. Verghese rightly
observes, “Caste system acted as a springboard for class exploitation with the result that
the counterpart of the poverty of the many is the opulence of the few. The second is the
cause of the first.”

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(iii) Joint family system:

The joint family system provides social security to its members. Some people take undue
advantage of it. They live upon the income of others. They become idlers. Their normal
routine of life consists in eating, sleeping and begetting children.

In this way poverty gets aggravated through joint family system.

(iv) Social customs:

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The ruralites spend a large percentage of annual earnings on social ceremonies like
marriage, death feast etc. As a result, they remain in debt and poverty.

(v) Growing indebtedness:

In the rural sector most of the ruralites depend on borrowings from the money-lenders and
land-lords to meet even their consumption expenses. Moneylenders, however, exploit the
poor by charging exorbitant rates of interest and by acquiring the mortgaged land in the
event of non-payment of loans.

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Indebted poor farmers cannot make themselves free from the clutches of moneylenders.
Their poverty is further accentuated because of indebtedness. Such indebted families
continue to remain under the poverty line for generations because of this debt-trap.

Article 21 reads as:

“No person shall be deprived of his life or personal liberty except according to a procedure
established by law.”

According to Bhagwati, J., Article 21 “embodies a constitutional value of supreme

importance in a democratic society.” Iyer, J., has characterized Article 21 as “the procedural
magna carta protective of life and liberty.

This right has been held to be the heart of the Constitution, the most organic and
progressive provision in our living constitution, the foundation of our laws.

Article 21 can only be claimed when a person is deprived of his “life” or “personal liberty”
by the “State” as defined in Article 12. Violation of the right by private individuals is not
within the preview of Article 21.

Article 21 secures two rights:

1) Right to life, and

2) Right to personal liberty.

The Article prohibits the deprivation of the above rights except according to a procedure
established by law. Article 21 corresponds to the Magna Carta of 1215, the Fifth
Amendment to the American Constitution, Article 40(4) of the Constitution of Eire 1937,
and Article XXXI of the Constitution of Japan, 1946.

Article 21 applies to natural persons. The right is available to every person, citizen or alien.
Thus, even a foreigner can claim this right. It, however, does not entitle a foreigner the right
to reside and settle in India, as mentioned in Article 19 (1) (e).
Article 21 of the Constitution of India, 1950 provides that, “No person shall be deprived
of his life or personal liberty except according to procedure established by law.” 'Life' in
Article 21 of the Constitution is not merely the physical act of breathing

Poverty line is the level of income to meet the minimum living conditions.

Poverty line is the amount of money needed for a person to meet his basic needs. It is
defined as the money value of the goods and services needed to provide basic welfare to an
individual.

Poverty line differs from one country to another, depending upon the idea of poverty

Poverty line changes from one country to another. In developed countries, where there is
advanced standard of living and welfare concepts, poverty line is high as basic standard to
live include higher consumption requirements and accessibility to many goods and
services.

On the other hand, in many less developed countries, the basic requirements will be low
and contains mostly essential consumption items needed to sustain life. This means that
poverty line is set by the welfare standard in a particular society (economy).

Poverty is ‘relative’ and what poverty in the US or in an advanced West European country
may not be poverty in Bangladesh.

Poverty line in India

India is having a well-designed poverty measurement mechanism under the erstwhile

Planning Commission. The Planning Commission was the nodal agency for estimation of
poverty. For setting poverty line and methodology of constructing it, the Planning
Commission appointed Expert Groups from time to time. for example, the Rangarajan
Committee is the latest among those Expert groups. Traditionally, the planning commission
estimates the number of people below poverty line in states as well as the rural and urban
areas based upon the prevailing poverty estimation methodology submitted by the expert
groups.

he observance of the International Day for the Eradication of Poverty can be traced back to
17 October 1987. On that day, over a hundred thousand people gathered at the Trocadéro
in Paris, where the Universal Declaration of Human Rights was signed in 1948, to honour
the victims of extreme poverty, violence and hunger. They proclaimed that poverty is a
violation of human rights and affirmed the need to come together to ensure that these
rights are respected. Since then, people of all backgrounds, beliefs and social origins have
gathered every year on October 17th to renew their commitment and show their solidarity
with the poor.
Through resolution 47/196 (link is external) adopted on 22 December 1992, the UN
General Assembly declared 17 October as the International Day for the Eradication of
Poverty.

UNESCO is convinced that the sustainable fight against poverty requires the strengthening
of individuals’ capacities through education, science and support for a creative economy,
which are sources of employment as well as of pride and dignity. UNESCO puts all its
expertise at the service of the 2030 Agenda for Sustainable Development, and in particular
Goal 1 "End poverty in all its forms everywhere ".

Ending poverty is not just helping the poor – it is giving every woman and man the chance
to live with dignity. By eradicating poverty, all humanity will be transformed.

17 October presents an opportunity to acknowledge the effort and struggle of people living
in poverty, a chance for them to make their concerns heard, and a moment to recognize
that poor people are the first ones to fight against poverty.

Participation of the poor themselves has been at the center of the Day's celebration since
its very beginning. The commemoration of 17 October also reflects the willingness of
people living in poverty to use their expertise to contribute to the eradication of poverty.

The observance of the International Day for the Eradication of Poverty can be traced back
to 17 October 1987. On that day, over a hundred thousand people gathered at the
Trocadéro in Paris, where the Universal Declaration of Human Rights was signed in 1948,
to honour the victims of extreme poverty, violence and hunger.

They proclaimed that poverty is a violation of human rights and affirmed the need to come
together to ensure that these rights are respected. These convictions are inscribed in a
commemorative stone unveiled on this day. Since then, people of all backgrounds, beliefs
and social origins have gathered every year on 17 October to renew their commitment and
show their solidarity with the poor. Replicas of the commemorative stone have been
unveiled around the world and serve as a gathering place to celebrate the Day.

Legal Aid which means giving free legal services to the poor and needy who are unable to
afford the services of an advocate for the conduct of a case or a legal proceeding in any
court, tribunal or before an Judicial authority.

The preamble of the Indian constitution basically aims to secure to the people of India
justice – socio economic and political. His Lordship Justice P.N. Bhagwati aptly stated that
legal aid means providing an arrangement in the society which makes the machinery of
administration of Justice easily accessible and in reach of those who have to resort to it for
enforcement of rights given to them by law. Article 38(1) avows that the State shall
promote the welfare of the people by securing and protecting the social order including
justice. Article 21 clearly says that every person has an equal right to life and liberty except
according to the procedure established by the law.
:
The State shall secure that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or
schemes or in any other way, to ensure that opportunities for securing justice are not
denied to any citizen by reason of economic or other disabilities.

In the case of Hussainara khatoon vs. State of Bihar, it was held that if any accused is not
able to afford legal services then he has a right to free legal aid at the cost of the state.

It is the duty of the State to see that the legal system promotes justice on the basis of equal
opportunity for all its citizens. It must therefore arrange to provide free legal aid to those
who cannot access justice due to economic and other disabilities.
—(Art.39 A of the Constitution of India)

If the accused does not have sufficient means to engage a lawyer, the court must provide
one for the defense of the accused at the expense of the state.
—(Sec. 304 of Code of Criminal Procedure,1973)

The Constitutional duty to provide legal aid arises from the time the accused is produced
before the Magistrate for the first time and continues whenever he is produced for remand.
—(Khatri II Vs. State of Bihar, (1981) 1SCC; 1981 SCC (Cri) 228; 1981 Cri. LJ 470)

A person entitled to appeal against his/her sentence has the right to ask for a counsel, to
prepare and argue the appeal.
—(Madav Hayavadanrao Hoskot Vs. State of Maharastra (1978)3 SCC 544) (Art. 142 of the
Constitution r/w Articles 21 and 39A of Indian Constitution )

Who is entitled to free legal aid?

Any person, who is:
1. a member of the scheduled castes or tribes;
2. any person belonging to the Schedule caste/tribe, persons suffering from natural
calamity, industrial worker, children, insane person, handicap, persons in custody and
those having annual income less than Rs 1 lakh were entitled to avail free legal aid
3. a victim of trafficking in human beings or beggar;
4.disabled, including mentally disabled;
5. a woman or child;
6. a victim of mass disaster, ethnic violence, caste atrocity, flood, drought, earth quake,
industrial
disaster and other cases of undeserved want;
7. an industrial workman;
8. in custody, including protective custody;
9. facing a charge which might result in imprisonment; —(Khatri II Vs. State of Bihar,
(1981) 1SCC); and
10.unable to engage a lawyer and secure legal services on account of reasons such as pover
ty, indigence, and incommunicado situation;
11. in cases of great public importance;
12. special cases considered
deserving of legal services.

Right to free legal aid or free legal service is an essential fundamental right guaranteed
by the Constitution. ... Section 304 makes it clear that the State is under an obligation to
provide legal assistance to a person charged with offence triable before the Court of
Session

elopment / Women development / Meera Didi Se Poocho / Free Legal Aid

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Free Legal Aid

1. Legal Services - meaning

2. Entitlement for Giving Free Legal Services
3. Availing of Legal Services
4. Important Judicial Pronouncements

Legal Services - meaning

 Free legal aid is provided to ensure that opportunities for justice are not denied to
any citizen by reason of economic or other disabilities.
 Legal services includes rendering of any service in the conduct of any case or other
legal proceedings before any court and giving of advice on any legal matter.

Entitlement for Giving Free Legal Services

A person shall be entitled to Free Legal Aid, Legal Advice or free Legal Services if that
person is:

 A member of Scheduled Caste

or Scheduled Tribe
 A victim of trafficking in human beings or beggar
 Woman or a child
 A mentally ill or otherwise disabled person;
 Victim of mass disaster ethnic violence, caste atrocity, flood, drought, earthquake or
industrial disaster;
 An Industrial workman
 Person in custody

Availing of Legal Services

 Legal aid can be provided to a person for a case which includes a suit or any
proceeding before a court.
  Person to whom legal aid is provided is not required to pay anything on the
litigation. Legal services to be provided may include anyone or more of the
following:
o Payment of court-fees, process fees and all other charges payable or incurred
in connection with any legal proceedings;
o Charges for drafting, preparing and filling of any legal proceedings arid
representation by a legal practitioner in legal proceedings;
o Cost of obtaining and supply of certified cop les of judgments, order and
other documents in legal proceedings;
o Cost of preparation of paper book (including paper, printing and translation
of documents) in legal proceedings and expenses incidental thereto.
 In every State and District Legal Services Authorities have been established
 Taluka or mandal legal services committees have been constituted at the
Taluk/mandal.
 The National Legal Services Authority is the Central Authority which implements
the various schemes such as lok adallats for disposing of pending matters, legal
literacy and awareness campaigns, legal aid facilities in jails etc.
 For availing legal services one is required to approach the High Court or the District
Courts which have constituted Legal Services Authorities for providing legal
services.

Important Judicial Pronouncements

 A.M.Hoskot V. State of Maharashtra AlR 1978 SC 1548

 Hussainara Khatoon V. Home Secretary, State of Bihar, AIR 1979 SC 1322

Article 39-A of the Constitution provides for equal justice and free legal aid. On several
occasions, like in the cases mentioned above, it has been held by the Supreme Court that
legal aid and speedy trial are to treated as a part of the fundamental rights under Article 21
of the Constitution. It is enforceable by the Courts and the State is under a duty to provide
legal aid and legal assistance to a poor and needy person at its own expens