Human Rights in India, Providing an Improved Environment for HR in the Country

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Human Rights in India

Major issues

  • Torture by police and custody deaths

  • AFSPA, (POTA), (Official Secrets Act)

  • Issues of human rights violation in NE and Kashmir

  • Freedom of expression: Press

  • Human Trafficking

  • Communal Violence

  • Caste violence and social discrimination

  • Manual scavenging

Protecting Human Rights in India

Refer pg 51 of April Yojana

Tribal Neglect and Limitations of Budget-Centric Approach to Development

  • Central region of India, despite being resource rich, inhabits the poorest people who have not benefited from social and economic development to the same extent as people in other region

  • Multiple reasons for vulnerability of the tribal communities

    • They are poor, asset less and illiterate compared to the general population

    • Inability to negotiate and cope with the consequences of their forced integration with the mainstream economy, society, cultural and political system, from which they were historically protected as the result of their relative isolation

  • Post-independence dams and development displacement, loss of livelihoods, land alienation on a vast scale, hereditary bondage.

  • Problems of tribals

    • Land alienation

    • Indebtedness

    • Relation with forests, and Govt monopoly over minor forest produce

    • Non implementation of the Forest Rights Act 2006

    • Ineffective implementation of PESA for schedule V areas

    • Involuntary displacement

    • Shifting cultivation

    • Poor utilisation of government funds

    • Poor delivery of government programmes

  • There schemes concerning tribals are controlled by different ministries.

  • Ministry of Tribal Affairs concentrates only on its programmes like grants to NGOs, scholarships etc.

  • Systemic change is needed in the way MOTA and state tribal departments function

    • Their approach must change from simply spending their own budget through narrow departmental schemes to knowledge based advocacy with other concerned ministries/departments

Providing an improved environment for HR in the country

  • Social justice is predicated on the idea that a society can be regarded as egalitarian only when it is based on principles of equality and solidarity, where human rights are valued and the dignity of every individual upheld

  • The right to social justice may be said to be the right of the weak, aged, destitute, poor, women, children and other underprivileged persons, to the protection of the State.

  • It is the balancing wheel between haves and have notes

  • DPSP

  • Social justice has become a pressing issue especially in the larger context of globalisation

  • Human rights form the foundation of the society, and without its observance, society would disintegrate

  • The basic Charter of Human Rights is found in Magna Carta, American War of Independence and French Revolution

  • Universal Declaration of HR adopted in 1948 by UN which included both civil and political rights as well as economic, social and cultural rights

  • Declaration of Right to Development, 1986

    • Defined development as a composite right where all human rights – civil, political, economic, social, and cultural as well as other rights such as the rights of children and women are realised.