Centre for Human Rights

The Centre for Human Rights has, of late, been established during the Incumbency of the Director General, Sri G. S. Dutt of Bihar Institute of Public Administration and Rural Development with the sole objective to contribute in the field of Human Rights in various ways. The cause of Human Rights has assumed a dimension of comprehensive magnitude.

Aims and objectives

(i) To aim at spreading human Rights literacy among various sections of society including specially Government officials of various departments such as police, revenue, social and welfare, SC/ST and NGO, educational institutions etc. (ii) To generate and Promote awareness of the safeguards provided for the protection of these Rights through the medium of trainings, workshops, seminars and other available means within the four corners of the Authority of Bihar Institute of Pubic Administration & Rural Development (BIPARD). (iii) To encourage the efforts and various genuine activities of NGOs of repute in the field of Human Rights. (iv) To involve reputed NGOs and genuine human Rights activists by inviting them to actively participate in workshops, seminars etc. orgnaised from time to time by the Centre. (v) To educate trainees & targeted people on police reforms, and on the civil liberties of the weaker sections of society including child and women. (vi) To generate awareness on legal aid to the poor under National and State Legal Services Authorities. (vii) To prepare course modules for conducting courses on Human Rights and calling resource personnel for the purpose. (viii) To undertaken to take up all other functions and measures which may be considered necessary for the promotion of Human Rights.

It is in the back drop of these aims and objectives, that the Centre for Human Rights under the direction and supervision of the DG has established contact with the National Human Rights Commission and has already collected materials on Human Rights from different sources and is further in the process of obtaining teaching materials and other papers from IGNOU and other universities which are engaged in conducting courses on Human Rights. If need be, the Centre will seek guide-lines as also funds from the National Human Rights Commission for the purpose of disseminating and promoting human Rights literacy and safeguards available for the protection of such Rights by arranging seminars and workshops besides conducting courses on human Rights.

It will not be out of place to mention Rights now that some periodical classes on Human Rights had been held in the past in this ATI. But under the exigency of the demanding situation, the works on Human Rights have to be accelerated.

It will be expedient, as also a part of wisdom on behalf of "The Centre for Human Rights" to throw light in brevity on some facts pertaining to Human Rights which shall be worth knowledgeable.

The Concept of Human Rights

By human Rights we mean the Rights that belong to all members of global human society equally without any discrimination of caste, creed, race, religion nationality, language, sex and the like. The concept of human Rights is as old as that of the concept of ancient doctrine of natural Rights based on natural law. According to their historical background, human Rights are more a philosophical or moral concept than a legal one. The origins of to-day's human Rights ideology can be found in 17th Century liberalism. John Locke (1632-1704), among others, developed the idea of Rights that precede the State and guaranteeing of which is the basis of the state's authority. The doctrines of all world religions contain elements of the idea of human Rights. To be candid, there is something deeply attractive in the idea that every person wherever in the world, irrespective of citizenship or territorial legislation, has some basic Rights, which others should respect.

Aims and objectives of Human Rights

The aims & objective of Human Rights are to ensure guarantee of life, liberty, equality and dignity to every human being who is existing on this perishable planet. The Rights to live and to basic necessities of food and clothing to every person may safely be characterized as the main objective of human Rights. Moral appeal fused with ethical demands of human Rights is that a fusion of freedom, justice and peace in the world should be the foundation for recognition of the inherent dignity and of the equal and inalienable Rights of all members of the global human family.

Introduction to the Human Rights Treaty System.

The United Nations treaty system definitely establishes the legitimacy of International Interest in the protection of human Rights. It is undisputed that sovereignty is limited regarding human Rights. International supervision is valid and states are accountable to international authorities for domestic acts affecting human Rights. The treaty standards are the benchmark for assessment and concern. The obligations of the human Rights treaties have been freely assumed after voluntary participations by the states in matters concerning human Rights at UNO's level.

The primary aims of treaty system

(i) encourage a culture of human Rights. (ii) focus that human Rights system on standards and obligations. (iii) to engage all states in the treaty system. (iv) to interpret the treaties through reporting and communication. (v) identify benchmarks through general comments and recommendations. (vi) provide an accurate pragmatic equality end product in the form of conducting observations for each state. (vii) provide a remedial forum for individual complaints. (viii) encourage a serious national process of review and reform through partnerships at the national level. (ix) operationalize standards. (x) mainstream human Rights in the UN system and mobilize the UN Community to assist with implementation and dissemination of the message of Rights and obligations.

Seven major treaties of the Human Rights Treaty System

(i) The convention on the 'Elimination of all forms of Racial discrimination' (In force - 4 January, 1969) (ii) The International Covenant of Civil and Political Rights (CCPR) (In force 23 March, 1976) (iii) The International Covenant on Economic, Social and Cultural Rights (In force 23 March, 1976) (iv) The convention on Elimination of all forms of Discrimination against women. (In force 3 September, 1931) (v) The Convention against Torture, and other Cruel Inhuman or Degrading Treatment or Punishment. (In force 26 June, 1987) (vi) The Convention on the Rights of the Child. (In force 2 September, 1990) (vii) The International Convention on the protection of the Rights of al migrant workers and members of their families. (In force 1st July, 2003)

The Seven treaties are associated with seven treaty bodies which monitor the implementation of treaty obligations

Six of seven treaty bodies meet primarily in Geneva and are rendered services by the office of UN High Commissioner for Human Rights (OHCHR). These six are:
(i) The Committee on the 'Elimination of Racial Discrimination (CERD)
(ii) The Human Rights Committee (HRC)
(iii) The Committee on Economic Social and Cultural Rights (CESCR)
(iv) The Committee and Torture (CAT)
(v) The Committee on the on the Rights of the Child (CRC)
(vi) The Committee on migrant workers (CMW)
One treaty body meets in New York and is served by the UN Division for the Advancement of Women.
(vii) The Committee on Elimination of Discrimination Against Women (CEDAW)

The origin of the universal declaration of Human Rights.

The proclamation of the universal declaration of Human Rights on the 10th of December 1948 in the General Assembly of the United Nations can be seen as turning point in the International Protection of Human Rights. The Universal Declaration of Human Rights is a genuinely universal document that endeavoured to cover the whole field of Human Rights. Following this historic act, the Assembly called upon all member countries to publicize the text of the Declaration and to cause it to be disseminated, displayed, read and expanded principally in schools and other educational institutions without distinction of the political status of countries or territories. Truly speaking behind the drawing up of the Universal Discrimination of Human Rights lies in Nazism and World War II. The Nazi regime in Germany had shown the need for International Guarantee in respect of protection of human Rights. Humankind had suffered the most destructive war in the history of the World. Tens of millions of people died. "Never Again" was the main through behind the founding of a new Global Organization, other UNO, in 1945.

Characteristics of Human Rights.

Human Rights are often characteristics as universal, inalienable and fundamental. The universality of Human Rights, on the one hand, prohibits discrimination on the ground of sex, colour, social status and the like, and on the other, it refers to the global applicability of human Rights. Human Rights are common to all people on all continents regardless of cultural or economic differences.

The content of the Universal Declaration of Human Rights

Equality, Civil Rights or the fundamental freedoms, Political Rights, economic, social and cultural Rights and the third Generation of Human Rights are the contents of the Universal Declaration of Human Rights which have been dwelt upon in the articles of the Declaration.

There are thirty articles in the Universal Declaration of Human Rights, each of which is pregnant with lofty ideals in favour of Human Rights. The Universal Declaration of Human Rights closes with two articles which mostly serve as guidelines to the interpretation of other articles Article 29 emphasises the responsibility of each individual to the community and sets forth conditions for the limitations of human Rights.

What is meant by Human Rights

Every individual must have some Rights against the state or other Public Authority or people at large by virtue of his being a member of the global human family and such Rights are safely characterised as human Rights. Human Rights accrue to an individual Rights from the inception of his birth. These Rights are inalienable and even the state cannot take away such Rights. Even an individual cannot part with his own Rights which are inherent in him as human Rights.

Should Human Rights be above positive law.

Yes, it should be above positive law. The implementation of human Rights can go well beyond legislation, and a theory of human Rights cannot sensibly be confined within the four corners of the juridical model in which it is frequently incarcerated. Public recognition and agitation through peaceful means can be part of the obligation to implement and promote human Rights. Some recognised human Rights are not ideally legislated but are better promoted through other means including public discussion, appraisal and advocacy.

If law is made the source of human Rights, then it would be legitimate for the state to treat the people in any way it likes by enacting appropriate laws which suit it. For example Hitler's butchering of millions of jews, apartheid in South Africa, the atrocities committed by the Taliban in Afghanistan would become legal because they were supported by laws of the time. So, the legislation should not be authorised to dominate human Rights.

The Protection of Human Rights Act, 1993

Light has already been thrown concisely on the facts and circumstances under which UNO and its various organs were established and works began in perpetuity on "Human Rights" for their promotion, sustainability and protection.

As we know that the UN General Assembly adopted two covenants in Dec, 1965, namely (i) The Covenants on Civil and Political Rights & (ii) The Covenant on Economic, Social and Culture Rights for the observance of Human Rights.

India being a party to said covenants, the President of India promulgated the Protection of Human Rights Ordinance, 1993 under article 123 of the Constitution of India to provide for the constitution of a National Human Rights Commissions, State Human Rights Commissions in States and Human Rights Courts for better protection of Human Rights and for matter connected therewith or incidental thereto.

The Protection of Human Rights Bill 1993 was passed by both the Houses of Parliament, received the assent of President on 6th January, 1994 and because the "Protection of Human Rights Acts, 1993.

The National Human Rights Commission has been created by "The Protection of Human Rights Act, 1993 and has successfully been exercising the Rights conferred upon and discharging the functions assigned to it under this Act.

The Protection of Human Rights Act, 1993 makes provisions for Constitution of " The National Human Rights Commission, Appointment of chairperson and other members of the Commission, Removal of a member of the commission, Member to act as chairperson or to discharge his functions, Term and Conditions of service of members, Procedure to be regulated by the commission, officers and other staff of the commission. Functions and powers of the commission, Power relating to inquiries, Investigation, Statement made by persons to the commission, Persons likely to be prejudicially affected to be heard, Inquiry into complaints, steps after inquiry, procedure with respect to armed force and Annual and special reports of the commission.

Co-ordinator

Mr. Gangadhar, Advisor

Head of the Acedemy

Shri G. S. Dutt, IAS (Director General, BIPARD)

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