History of human rights

The example of World War II was the eye-opener for the world leaders to
consider human rights globally. A dire need was felt to maintain international
peace and security and to eradicate any future conflicts among nations.

Documents like “Magna Carta, 1215”, English Bill of Rights, 1689, and The

French Declaration of Rights of Man and Citizens, 1789 were not adequate to
be converted into policies because they did not include women and various
oppressed groups. As a result, the United Nations Charter was implemented
in 1945 to create accountability and give rights to the countries which were a
part of it. 

Universal Declaration of Human Rights

Later, in 1948 the first global document Universal Declaration of Human
Rights (UDHR) was adopted by the UN with more than 50 states as its
member. It claimed that Human Rights is an international concern and it can
be interrelated as well as absolute. The document is not legally binding on
the nations rather it can be treated as customary international law.

Human Rights Act, 1998  

Before this Act, the Human rights violation cases were dealt with in the
European Court of Human Rights. The Human Rights Act was enforced in the
year 2000, it gave fundamental rights and freedom to the individuals of the
United Kingdom, which was incorporated through European Convention on
Human Rights into the municipal laws of the nation.

This Act covers:

1. Human Rights cases to be taken directly to the British Court.

2. Public authorities to perform public functions.
 3. The new laws which will be introduced must comply with the rights.

How is the implementation of Human Rights

being ensured in the Modern Era
The implementation of human rights is being ensured by international
treaties and conventions which are further adapted by various nations as
their domestic laws. There are specific legislations which are being
introduced to protect human rights and specific authorities which are focused
on protecting human rights and making sure that the laws enacted are being
implemented properly. Organisations are being set up at every level to
ensure that the help is reaching at every level and no human is deprived of
their rights.

Human Rights Violations - A Curse to

Society, Culture and Humanity
Almost every day there are chilling instances of violence, ethnic cleansing,
heinous torture, child abuse, man slaughter and several other human rights
violations. Despite the adoption of the Universal Declaration Human Rights
(1948) and special covenants provided for the rights of children, women and
disabled, crimes continue unhindered.

The soul-searching question is... Has humanity been relinquished? Human rights
describe equal rights and freedom for anyone and everyone regardless of race,
colour, sex, language, religion or political affiliation.

All humans live in societies together. As stated by the U.N. declaration of Human
Rights in 1948 “All human beings are born free and equal in dignity and rights.
They are endowed with reason and conscience and should act towards one
another in a spirit of brotherhood.”
This statement defines that each and every human is entitled to all rights.
Human rights are fundamental to human existence. There may be disagreement
on the details of human rights, but barely any on the basic aspects of them.
Human rights were always violated in human history. The leaders mostly
oppressed people and did not grant their entitled human rights.

Even religious leader in some cases were responsible for the violation of human
rights. In India, various mechanisms such as the National Human Rights
Commission, State Human Rights Commissions, and Women's Commissions
have been constituted at the Centre and in the states, for upholding human
rights causes. Legislative safeguards i.e.

The Constitution of India, which is supreme a lex (the law of the land) and
multifarious laws such as The Human Rights Act, 1997 are in existence but in
vain. Human rights violations are the order of the day and the above 'law-
enforcement' arsenals fall short of implementation. Rights are merely
enumerated on paper and hence remain a dead letter.

The Universal Declaration of Human Rights (UDHR) was established . The

document outlines the human rights that all people are entitled to such as
freedom from torture, freedom of expression, and the right to seek asylum.
When those rights aren't protected or blatantly disregarded, they are violated.

What are the types of human rights violations? Who is responsible for preventing
and addressing them?

A state commits human rights violations either directly or indirectly. Violations

can either be intentionally performed by the state and or come as a result of the
state failing to prevent the violation. When a state engages in human rights
violations, various actors can be involved such as police, judges, prosecutors,
government officials, and more. The violation can be physically violent in nature,
such as police brutality, while rights such as the right to a fair trial can also be
violated, where no physical violence is involved.
The second type of violation – failure by the state to protect – occurs when
there's a conflict between individuals or groups within a society. If the state does
nothing to intervene and protect vulnerable people and groups, it's participating
in the violations. In the United States, the state failed to protect black Americans
when lynching's frequently occurred around the country. Since many of those
responsible for the lynching’s were also state actors (like the police), this is an
example of both types of violations occurring at the same time.

Means to Violate Human Rights

There is now near-universal consensus that all individuals are entitled to certain
basic rights under any circumstances. These include certain civil liberties and
political rights, the most fundamental of which is the right to life and physical
safety. Human rights are the articulation of the need for justice, tolerance,
mutual respect, and human dignity in all of our activity. Speaking of rights
allows us to express the idea that all individuals are part of the scope of morality
and justice.

To protect human right 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.

Types of Violations and the Sufferer:

Civil and political rights: Civil and political rights are violated through
genocide, torture, and arbitrary arrest. These violations often happen during
times of war, and when a human rights violation intersects with the breaking of
laws about armed conflict, it's known as a war crime.

Violations of civil and political human rights aren't always linked to specific
conflicts and can occur at any given time. Human trafficking is currently one of
the largest issues on a global scale as millions of men, women, and children are
forced into labour and sexual exploitation. Religious discrimination is also very
common in many places around the world. These violations often occur because
the state is failing to protect vulnerable groups.
Poverty as a Causative: Poverty is a ruthless task master; it exacts an
exorbitant price in terms of denial of basic human rights i.e. food, shelter,
clothing, education, healthcare etc which in turn constitute basic necessities of
life. Article 21 is the Magna Carat of the Constitution of India. It reads as
follows- No person shall be deprived of his life or personal liberty except
according to procedure established by law. It is noteworthy to mention that the
fundamental right to life and personal liberty is inherent and is not conferred
upon us by the Constitution. These are primary personal rights without which
civil and political rights are rendered meaningless.

The Court has held that 'the right to life includes the right to live with human
dignity and all that goes with it, namely the bare necessities of life such as
adequate nutrition clothing and shelter. In Bandhua Mukti Morcha, where the
question of bondage and rehabilitation of some labourers was involved,
Bhagwati, J held that the fundamental right to live with human dignity is
congruous with the right to life and derives its life breath from the Directive
Principles of State Policy, and particularly clauses (e) and (f) of Articles
39,41,42.

However, these rights have no meaning to those who are living below the
poverty line (31% of the Indian population lives below the poverty line). The
noble ideals of Social, Economic and Political justice as embodied in the
Preamble and other parts of the Constitution remain an unrealized dream for
millions of our fellow citizens. The fact remains that India has the largest
population in the world that goes to bed without any food, the largest population
who has no clothes to wear and the largest number of beggars.

India is not shining on 750 million of its people who have no basic toilet
facilities; on 510 million humans with no access to essential drugs; on 300
million illiterate adults with no schooling; on its 60 million destitute and widows
without a roof; on nearly seven million suffering from AIDS and on the largest
number of children suffering from malnutrition. Ironically 50 million tons of food
grains lie idle in the FCI go downs, only to be nibbled at by rodents.
The States have not successfully accomplished the implementation of mid-day
meal schemes directive given by the Supreme Court in this matter. Death is
hence it comes as a salvation for these poor and helpless people who have
absolutely no recourse. This is just a minuscule impact of poverty.

Denial of Education:

In a case, the Supreme Court has recognized a fundamental right to education in

the right to life under Article 21. Taking the aid of Articles 41 and 45 it has held
that ' every child/citizen of this country has a right to free education until he
completes fourteen years of age.'

It reads as follows:

The State shall provide free and compulsory education to all children of the age
of 6 to 14 years in such manner as the state may, by law, determine.

The reality however is hard- hitting. The question arises as to the

implementation of this task. Poverty breeds poverty. The vicious circle of
poverty denies to lakhs of children the right to education, despite the
fundamental right that children below 14 years of age shall be given access to
primary education. A country's progress depends upon the development of its
population . However in our country, widespread illiteracy still continues to
persist and the government does not have adequacy of funds to run its own
educational institutions. Education is undergoing privatization. The resultant is
that schools have become centres for exploitation due to colossal fees charged
and the common man is deterred by the affordability factor of it .

Subjugation of Women:

In India women constitute nearly fifty percent of our population. Women are
denied human rights from the cradle to the grave. Infanticide is rampant in
certain parts of the country where the birth of a girl child is not welcome. Nearly
forty-one percent of the women abroad play an active role in the production
process. In India the situation leaves much to be desired. Sexual abuse and
flesh trade are gnawing evils, which threaten the existence of women as
independent entities.

Dowry is the greatest crime against women. Are our daughters and sisters for
sale?

Women are virtually sold into the marriage market. Huge dowries are still
demanded even when the girl can supplement the man's income. In such a
milieu, a woman enjoys no rights because she is a woman. Rape is a weapon to
subjugate women. The woman is safe nowhere. Justice prides herself on being
blind to everything but the truth - yet as far as rape is concerned; the facts paint
a different picture.

In the Mathura Case:

The judgment did not distinguish between consent and forcible submission.
Correspondingly the judgments in Bhanwari Devi and a few other cases were
unjust and in favour of the accused.

Economic, social, and cultural rights: As described in the UDHR, economic,

social, and cultural rights include the right to work, the right to education, and
the right to physical and mental health ,the right to adequate housing and right
to participate in cultural life, etc.

Few Major Human Rights Violation in India:

Caste-based discrimination and violence: More than 56,000 crimes were

committed against scheduled castes and scheduled tribes in 2015. These
included denying Dalits entry into public and social spaces, according to the
report. In 2016, Dalit student Rohith Vemula committed Suicide, complaining of
discrimination and abuse, leading to nationwide protests. Since then, the
government has alleged that the student was not Dalit, but belonged to other
backward classes.
Communal and ethnic violence: Many people were attacked by vigilante cow
protection groups. These self-appointed guardians of cows beat up many people
legally transporting cattle, and many of those affected were minority groups.
Two Muslim Cattle traders were found Hanging from a tree in Jharkhand. Other
violations included gang rape of women and forcing cattle transporters to eat
cow dung.

Those from African countries faced racism and discrimination in India. While one
Tanzanian woman was Stripped and Beaten by a mob in Bangalore, another man
from the Democratic Republic of Congo was beaten to death in New Delhi.

Freedom of association: The government cancelled the registration of several

civil society organisations which specifically prevented them from getting foreign
funding, even after the UN claimed it was not in accordance with international
law.

Freedom of expression: Several people were arrested under sedition laws for
expressing their dissent with government policy. Indians were arrested for even
posting comments on Facebook. Two men were arrested under informational
technology law for sharing a satirical image of a Hindu nationalist group.

Violence against women: More than 327,000 crimes were committed against
women in 2015. Many of them belonged to marginalised communities. Women
were allegedly sexually assaulted by members of the armed forces in
Chhattisgarh.

In Australia, while the #Me-too movement has spurred women to come forward
with their experiences of sexual harassment and abuse, a number of high-profile
cases of alleged sexual harassment by actors and politicians highlighted ongoing
barriers to justice for victims. At the same time, the #counting dead women
foeticide index reports that one woman in Australia is killed every week by an
intimate partner.

Children's rights: Crimes against children rose by 5% in 2015 as compared to

the previous year. An amendment in a child labour law by the Parliament that
allowed some exceptions was opposed by child rights activists, who were
concerned it would affect marginalised groups and girl children. A new draft
education policy released by the central government omitted any mention of
human rights education.

Sub-Commission on the Promotion and

Protection of Human Rights

In 1999 the Economic and Social Council changed its title from the Sub-
Commission on Prevention of Discrimination and Protection of Minorities to the
Sub-Commission on the Promotion and Protection of Human Rights".

The Sub-Commission on the Promotion and Protection of Human Rights was the
main subsidiary body of the Commission on Human Rights. It was composed of
twenty-six experts whose responsibility was to undertake studies, particularly in
light of the Universal Declaration of Human Rights, and make recommendations
to the Commission concerning the prevention of discrimination of any kind
relating to human rights and fundamental freedoms and the protection of racial,

national, religious and linguistic minorities. Membership was selected with regard
to equitable geographical distribution.