Speeches / Visit Reports ਭਾਸ਼ਣ
Press Note Released By Justice N.C Jain, Chairperson, PSHRC On Human Rights Day On 10 December 2005.
- December 10, is ‘Human Rights Day’. We should try to make an endeavour to know how it came to be known as such. But before that, let us be clear about the term ‘ Human Rights’ we are referring to in this article and the growth of the culture about protection and preservation of these rights at the international and national levels. ‘Human Rights’ are those rights which are inherent in every human being by virtue of being a member of the human family. These are nothing but what had been traditionally known as ‘natural rights’ and ‘rights’ bestowed upon the human beings by nature. Human Rights are based on mankind’s increasing demand for decent civilized life in which inherent dignity of human being is well respected and protected. ‘Human Rights’ are fundamental to our very existence without which we cannot live as human beings. They are not the gift, benediction or bounty bestowed by any benefactor or well- wisher nor do they accrue through our effort or hard work. They occur and flow ‘naturally’ which means that they can neither be earned nor denied on the basis of race, colour, ethnicity, gender or any other consideration. They are often advanced as legal rights and are protected by the rule of law but are also quite distinct from and prior to law and can be used as standards for formulating or criticizing both local and international law. The conduct of the State, its armed forces including the paramilitary forces and law-enforcing agencies must comply with and conform to these standards.
- Violation of human rights is not confined to a particular region, country or community. There is a strange and persisting history regarding protection and propagation of the ideals of human rights and our fight against their violation at global level inspite of ratification of the U.N. Resolutions, Conventions and Instruments by almost all countries. The area of violations extends all over the world from domestic violence to international conflicts; from a small village quarrel to a full scale world war inspite of national legislations and international covenants and resolutions. This is because society has never been perfect as also the humans inhabiting it and the human nature so unpredictable and volatile as ever. The rights have been transgressed in the past by co-humans and will continue to be violated in future as well because negative traits are also inherent and intrinsic to man along with all the goodness and nobility he has and can boast of. The violations may arise out of one’s personal lack of tolerance; indignation at the offensive and provoking behaviour hurting his or her ego; injuring the so-called self respect or due to extra-territorial ambitions of a not-too-friendly neighboring country. The malaise is ubiquitous and incurable as it appears to have persisted all along over centuries. It looks like to have come down to the humanity as a legacy as the rights continue being violated by individuals, the State, the law-enforcing authorities and others alike, as ever before. Let us hope we do not hand it down the same way to the posterity.
- The above mentioned being basic philosophy behind the creation of a common human rights culture at the world level, it was in the aftermath of World War II that 50 nations, including India, signed the United Nations’ Charter on 26th June 1945 creating the United Nations. The repeated reference of the term ‘human rights’ (more than half a dozen times) reflected the concern of the Member States for the preservation, promotion and protection of these rights. This concern culminated in the form of a combined declaration ‘ The Universal Declaration of Human Rights. The United Nations General Assembly adopted it on Dec 10, 1948. The Universal Declaration marked and set forth the rights and freedoms of individuals, for the first time, in the wake of the second world war and the human rights and fundamental freedoms applicable to every person, everywhere were internationally recognized, thereby, making the ‘Declaration’ a common statement of mutual aspirations – a shared vision of a more equitable and just world. Because of this characteristic, this document was accepted universally.
- It would be relevant to know a little about the Drafting Committee. This committee, chaired by Mrs. Eleanor Roosevelt, comprising of eight members prepared the preliminary text of the ‘Declaration’. The committee agreed on the affirmation of universal respect for human rights and fundamental freedoms, including the principals of non-discrimination and civil and political rights, as well as social, cultural and economic rights. The text was drafted in about two years, between January 1947, when the Commission on Human Rights first met to prepare an International Bill of Human Rights, and December 1948, when the General Assembly adopted the ‘Declaration’. The Commission modified the draft declaration in the light of replies from the Member States, before submitting it to the General Assembly. The General Assembly approved the document after numerous debates in which 58 Member States voted a total of 1,400 times on practically every word and clause of the text. On 10 December 1948, the United Nations General Assembly unanimously adopted the Universal Declaration of Human Rights, with 8 abstentions. Since then, December 10, is celebrated every year worldwide as Human Rights Day. It is the main source of international human rights law and has served as a model for many of the international treaties and declarations and is incorporated in the constitutions and laws of various countries. The salient feature of the international human rights law is that all human rights are of equal importance which means that no set of rights can be given dominance over other rights without distorting the principles of indivisibility and interdependence.
- While human rights are not always interpreted similarly across societies, the norms of the various ‘basic’ rights that cannot be violated under any circumstances, are set forth in the international human rights documents, the Geneva Conventions and the Universal Declaration of Human Rights which articulate the common refrain of various cultures of the societies across the world. Ratification of the international human rights agreements by most of the countries is indicative of the collective global concern for the protection of human rights values. Such norms constitute a standard for the conduct of the government and can be used as “universal, non-discriminatory standards” for formulating or criticising law and also serve as guidelines for proper conduct. While protecting all human rights, the United Nations, has somehow promoted civil and political rights much more than other rights as eighteen out of the thirty articles deal with civil and political rights, while only six concern cultural, social and economic rights. The United Nations has, tried to take care of this imbalance by giving the other rights the same priority through a new framework based on a unifying set of standards.
- After Vienna conference in 1993, there was a significant institutional development for the protection of human rights at the grass root level in the form of national commissions to take care of the protection of human rights of individuals. These commissions are the main mechanism for translating international concepts and norms into a local culture of human rights. The main function of these commissions is to provide human rights guidance and expertise to governments, investigating human rights violations of individuals, holding enquiries into violations and promoting human rights education. An Act, ‘The Protection of Human Rights Act, 1993 was accordingly passed by the Union Government and a national commission (NHRC) was set up the same year followed by commissions at the State level in some of the States. While most national human rights institutions can propose necessary legislative reforms or suggest changes in government policy, some ombudsmen also have the authority to conduct public inquiries on their own initiative to bring systematic and structural violations against vulnerable groups to public attention. One of the more important functions of a national human rights institution is, in fact a side effect of its investigatory powers. The existence of a national mechanism with the power to investigate abuses and provide compensation to victims is likely to prove a deterrent to future abuse. Another important role of the national institutions is to foster human rights educations with a strategic focus on preventive strategies.
- Our NHRC was the first National Human Rights Institution to be established in the South Asian Region. It has taken tough and independent stance on several occasions and has come to be known as the most effective protector of human rights of the people. The State Human Rights Commissions are following in the footsteps of the NHRC and are carrying out similar functions in the States where these are working. They are playing a very important role in securing and ensuring the protection of the rights of the people and are engaged in disseminating human rights literacy among various sections of the society and promoting awareness of the safeguards for protection of these rights. Ours is the largest democracy in the world and besides that it is a hugely populous country. It is, indeed, a tremendous task to secure the rights of the people in such a diversified society. Taken collectively, it is really a gargantuan job. But the Punjab State Human Rights Commission has successfully come up to the expectations of the people. This is borne out from the fact that we had received only 90 complaints in the year 1997 when it was established, but the number had crossed the figure of 15,800 from January, 2005 upto November 30th , this year. This reflects the faith of the people in the cheaper, quicker and unbiased nature of justice being administered by this institution.
- The commission aims at wiping out the very causes of human rights violation from the soil of the state of Punjab. Conceiving of a perfect society may be a utopian idea in the present context of the endeavours of the commission but we cannot abandon our efforts merely on the premise or pretext that the very idea of creating a perfect society is foolhardy and is neither practicable nor conceivable, given the unpredictable nature of the man, his foibles, failings, limitations and above all, his lack of perseverance and moral strength. Our commission, in any case, is fully determined to take on all odds and challenges coming its way in order to ensure protection of the rights of its people with all its capabilities, might and sources- that is our cherished desire and ultimate goal and the humble tribute we owe to the spirit of the Human Rights Day which we now tend to remember only as a mere ritual every year.
- There is no 'better religion than protection of human rights of a human being by a human being'. There is 'no better service to mankind than respecting the human rights of a human being'. Therefore, let all of us take a pledge on this ‘Human Rights Day’ to honour and respect each other’s human rights without any violation.
- It is indeed exhilarating to see the Centre for Women’s Studies and Development, Panjab University, organizing a programme like the present one, aimed at considering the problems of violence, a women has to face all through her life. I congratulate the University to have taken up such an important subject for consideration as the problem of violence against women has varied and wide ramifications which affect our lives so greatly and deeply. Though such pandemic maladies which have ingrained the woof and warp of our society for centuries, cannot be cured or removed overnight through seminars or formal or informal discussions of a small group of intelligensia; nonetheless, collective deliberations off and on directed on the core issues, do help us find out ways to tackle these as best as we can. Since certain violations are country-specific and region-specific, the programmes like the present one enable us to concentrate on a particular aspect of the problem which can be handled more effectively by analysing the background and causes responsible for the problem. It is in this context that while Prof. Indu Banga of the Panjab University provides a theoretical analysis of the problems, being propounded in the present seminar, Prof. Meenakshi Malhotra dwells upon the travails, the woman has to undergo all though her life from her birth to death that is to say – ‘from womb to tomb’. Other aspects including violence against women in the context of Punjab, health implications of violence, the role of law, the impact of globalization and liberalization on women etc will also form part of the debate and will be considered by Mrs. Parminder Kaur, Chairperson, Punjab State Commission for Women and others.
- As all of you know, violence against women is a universal phenomena which cuts across countries, cultures, classes and castes. It is often said that violence against woman begins from the day she conceives. But even this belief does not appear to be rationally-founded as the society we live in, is afflicted with an inherent wish for a male child in almost every Indian family. In fact, our very idea and thought for preference of a male child appears to be a product of sick mind. We do not want to have a girl child because she is not a boy and have our own strong reasons, whether right or wrong, for this preference. It is also strangely true that we tend to kill her very conception in our mind even before she gets a chance for conception in the womb of the mother. The female foeticide is a centuries-old practice and femicide quite predominant in the rural parts of India. The male is considered as the bread winner for the family and, as such, a male child is considered more valuable to a family than the girl.
- Recognizing that the women still did not enjoy equal rights, the United Nations General Assembly proclaimed the period 1976-1985 the United Nations Decade for Women. The most significant achievement during the Decade for Women was the Convention on the Elimination of All Forms of Discrimination against Women, 1981, which established the Committee on the Elimination of Discrimination against Women to oversee the implementation of all principles of gender equality and empowerment of women.
- The United Nations Declaration on the Elimination of Violence Against Women, 1993, states that “violence against women means any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” It goes on to add that the states have an obligation to "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the state or by private persons."
- Thereafter, the Fourth World Conference on Women in Beijing (1995), attended by nearly 50,000 participants, elaborated the following themes of the Convention :- · Women’s rights are human rights, which need to be protected particularly in relation to violence, sexuality and reproductive health; · Women should have equal rights in inheriting land and property; · Women have a special role in the family and in society, but maternity should not impede the full participation of women in society nor should they be penalized for illegal abortions; Rape is a war crime, and in some cases an act of genocide, under international humanitarian law.
- According to the 1997 UNICEF report, The Progress of Nations, violence against women and girls is the most pervasive violation of human rights in the world today. Cutting across economic, social, cultural and religious barriers, violence against women is an insidious phenomenon affecting the lives of millions of women and taking a dismaying variety of forms. The international community did not take concrete action against the alarming global dimensions of gender-based violence until 1993, when the General Assembly adopted the Declaration on the Elimination of Violence against Women. Until that point, most Governments tended to regard violence against women largely as a private matter between individuals, and not as a pervasive human rights problem requiring active state intervention. It also identified systematic rape, sexual slavery and forced pregnancy of women in situations of armed conflicts as extremely grave violations of the fundamental principles of human rights and international humanitarian law. The Declaration identified three broad areas in which women are particularly vulnerable- Violence in the family; Violence within the community; Violence perpetrated or condoned by the state.
- In the family, domestic violence is on the increase, according to a World Bank study, which found that, worldwide, 25 to 50 percent of all women suffer physical abuse by their partner. An estimated 60 million females die because of son-preference. Each year, an estimated 2 million girls in at least 28 countries are subjected to the traumatizing traditional practice of female genital mutilation. According to the World Health Organization, 85 million to 115 million girls and women in the population have undergone some form of female genital mutilation and suffer from its adverse health effects. Every year an estimated 2 million young girls undergo this procedure. In some societies, girls are compelled to marry at any early age before they are physically, mentally or emotionally mature. In the community, rape continues to be a widespread offence that still brings shame and blame onto the innocent victims. Women who are victims of rape and sexual harassment often suffer trauma, physical handicap or even death. The extent of trafficking in women and girls, within and across borders, has reached alarming proportions, especially in Asian and Eastern European countries. At the same time, sex tourism to developing countries is a well-organized industry in several Western and other developed countries. In case of State-perpetrated or condoned violence, police or prison officials, who supposedly protect women from violence, are often perpetrators of sexual abuse. Thousands of women held in custody are routinely raped in police detention centers worldwide and cruelly tortured by security force. In virtually all armed conflicts, rape continues to be widely used as a cynical tactic to subjugate and terrify entire communities. Women and girl children are frequently victims of gang rape and sexual slavery at the hands of soldiers, as seen during the conflicts in Rwanda and the former Yugoslavia and in may other conflicts around the world.
- Any traditional custom that places women in subordinate positions within society or in the family, has the potential to turn violent. The sacredness of a traditional marriage, rigid ideas of conjugality, and patriarchal traditions of family structure take precedence over concern for women or children. It has been observed that whenever male authority is threatened, the lives of women, and children are in danger and become redundant, and are considered dispensable. Prejudice towards women is entrenched in Indian culture. But, by no means, this is unique to India only. Prejudice towards women is common in other societies as well.
- According to the World Health Organisation Report on Violence and Health, it is estimated that interpersonal violence results in the death of one person every minute somewhere across the world. The latest World Development Report alarmingly points out that globally rape and domestic violence account for about 5 percent of the total disease burden amongst women in the age group of 15-44. It need hardly be pointed out that these figures possibly represent only a fraction of actual violence-inducted physical and somatic disorder.
- Police records in India reveal that a women is raped every 34 minutes, molested every 26 minutes, kidnapped every 43 minutes, and killed every 93 minutes. There are many ways in which women suffer and are made to suffer. In behavioral terms, violence against women ranges from simple suppression to abuse, aggression, exploitation and severe oppression. We know it as female infanticide, the abortion of female foetus, the neglect and under-nourishment of girl child, denial of education to girls, rape, pre-puberty marriage, wife beating, harassment of a bride, leading to her suicide or murder. Each of these is even more awesome and painful as compared to the fear experienced in other contexts. For instance, childbirth can be extremely painful, but one does not refer to the pain of childbirth as violence, no matter how severe it is. The fear of death in a situation of terminal illness, can be extremely terrifying, but one does not refer it as violence. An old Tamil saying for instance, compares girl children to “ growing of plants in a neighbour’s courtyard.” There is a popular Nepalese saying that succinctly reflects male preference: “ Let it be late, but let it be a son.” Dowry for a girl’s marriage has been the most strenuous and disdainful argument to denounce female children.
- The gender of a child plays a significant role in its socializing process. Male children are permitted far greater economic and social mobility. Indulged, pampered, little boys seem to get away with misconduct, get away virtually, with anything. Girls on the other hand, are taught to emulate characters from the Hindu mythology. Female characters like Sita and Savitri are held out as role models for daughters. Female children are strictly tutored from infancy to conform to dress and behaviour codes, make personal sacrifices, to be obedient, tolerant, and virtuous.
- It is not poverty that kills baby girls. Girls born in West Bengal have a better chance of celebrating their first birthday than those born in Punjab even though the per capita income of a family in Punjab is nearly twice that of a family in West Bengal. Two other States, Haryana and Assam have very similar female infant mortality rates inspite of wide differences in per capita income.
- Women are sacrificed to save family honor in the Arab states and Pakistan. Fathers, uncles, brothers, sometimes mothers or other female relatives murder women suspected of sexual misconduct, by the gruesome custom of “honor killing”, which has now started finding echoes in some of the states of northern India also.
- A blatant manifestation of gender crime peculiar to India is burning brides / wives. Demands for dowry continue without check or control. As per a report, 6100 women were killed in one year for dowry. Dowry demands have now spread across south asian communities also.
- Family planning programmes are population-control oriented and do not place any emphasis on women’s health, emotional and psychological welfare. They do not raise the status of women by reducing unwanted pregnancy but make them victims of experimentation and state policy.
- Violence against women by the members of the law enforcement and criminal justice systems, who are supposed to protect them, is most deplorable. According to Amnesty International, thousands of women held in custody are routinely raped in police detention centres, worldwide.
- Domestic violence has devastating repercussions on the family. Mothers are unable to care for their children properly. Often they transmit to them their own feelings of low self-esteem, helplessness and inadequacy. Children themselves may become victims of their father’s abuse if they try to defend their mother. On the other hand, boys who witness their father beating their mother, are likely to emulate this behaviour. In Canada, it has been found that sons of batterers are more likely to beat their own wives.
- The reason why so many women “put up with” abuse in the home, is primarily due to their unequal status in society and the fact that they have no viable alternatives available to them. Women are often caught in a vicious circle of economic dependence, fear for their children’s lives as well as their own, repeated pregnancies, shame, ignorance of their rights before the law, lack of confidence in themselves and social pressures. Fear of harming a husband’s career and apprehension about the attitude of the police also prevent women from reporting crimes of domestic violence.
- The sanctity of privacy within the family, which makes authorities reluctant to intervene, often leads women to deny that they are being abused, despite obvious physical signs of brutality which they attribute to self-inflicted accidents. Thus, what are euphemistically called” domestic disputes”, but which frequently involve broken ribs and disfiguring facial injuries, are dismissed as family matters, while rape within marriage are ignored or simply not acknowledged as a crime in the vast majority of countries.
- Rape and physical assault also extend to the female children within the family. From the United States to Australia, Egypt, India and Israel, one in four families falls victim to incest. One report estimates that as many as 100 million girls, often under 10 years of age, are raped by adult men, very often their own fathers. Yet these figures of domestic violence most probably represent only the tip of the iceberg, considering that only a fraction of all cases are ever reported.
- As I have already said in the beginning, the maladies like the one being considered in this seminar cannot be eliminated or exterminated overnight through seminars or short-term deliberations of groups of intelligensia; there has to be a multi-pronged strategy, first to take care of the causes and circumstances climaxing into violence against women and then taking care of the victims who undergo the trauma of violence and hence, victims of human rights violations. Besides this, employing preventive strategy to counter atrocities on women, will also help in arresting the rising trend of violence against women. The consideration of preventive measures and the circumstances leading to violence against women, are indeed very wide areas since these are inextricably interwoven in our family and social structure. This needs meticulous and elaborate planning by expert bodies but can be allowed to be managed by the state authorities in education, social security, home, health and others, in active collaboration with the NGOs, as a temporary measure as heretofore till an appropriate mechanism is put in place to take care of these areas in an effective manner. Although the matters regarding providing succour, relief, solace and solatium to the victims of violence are being looked after by the Punjab State Human Rights Commission with the help of the State Govt and the Commission is doing its best to mitigate their suffering, it is indeed an uphill task to restore the faith of the victims in the basic goodness of the humanity since most of them get emotionally orphaned and shattered after the incident. Like virtue and goodness, every act of violence is also counterproductive. While the excruciating pain of the memories lasts, the feeling of inability and helplessness of the victim, adds to her misery and trauma left behind after the act of violence. As I have said earlier, every act of violation is tantamount to violence of one form or the other and violence does not take place as an isolated incident in the life of the woman, these are the most sensitive areas which need special and specific consideration and planning of the fora like the one assembled here to discuss the problems being faced by women.
- Having highlighted in minute details about the violence against the women, the question arises as to how violence can be decreased or brought to a minimum level. The august gathering present here must have oftenly seen the utterances by high dignitaries in Press regarding the proposed punishment against rapists. It is every now and then uttered even by politicians that rapist must be given capital punishment. I am of the considered view that atleast rape with murder should be mandatorily made punishable with death penalty. In any case as the aforementioned suggestion is only my personal view. I would not know whether the same would be translated into practice or not as it would mean amendment in the Indian Penal Code. For the time being, we present here must think of preventive measure and the only preventive measure as far as I can think, can be that a person who wants to cause any harm to the woman either in the shape of a rape or other violence, must put himself into position of that victim and then think how much pain and agony he would suffer by the act which he is going to commit and if he does think of that pain and agony, I am sure, he would never commit the intended act of violence. In any case before parting, we present here must take a pledge not to cause any violence against a woman and propagate this view to whomsoever we come in contact in our life.
- It is a matter of pleasure for me to be here among you on the inauguration of your newly-formed society for spreading human rights literacy. The initiative taken by your institute is certainly a good beginning and a laudable step in right direction for the protection and realisation of human rights. The involvement of the educational authorities, institutes like yours and the students in the propagation of human rights’ education and values in the masses and the various sections of society is of paramount importance.
- When we talk about human rights, it needs to be remembered that these are derived from the principle of natural law. They are not derived from the social order or conferred upon an individual by the society; they are inherent in the individual human beings, independent of and even prior to his participation in the society. The history of origin and development of human rights is very long and fascinating. But briefly, while the western scholars trace the origin back to the times of the ancient Greeks, the orientals consider the Vedas the most ancient or perhaps the first religious exposition of mankind in this regard. It was at the end of the World War-I when some serious attempts were initiated through the Treaty of Versailles which tended to promote and universalise human rights. But these did not meet with any success. However, since the judicial conscience of the civilised world was very much in favour of safeguarding the rights of the individual against violations by the States, it was felt and consistently realised that the rights must be universalized and safeguarded against such violations. It was finally after the end of World War II in 1945, in which more than 20 million people were killed in the war or exterminated in the Nazi concentration camps, in gas chambers or through firing squads, that human rights were finally universalised. The culmination came in 1948 when the first U.N. document ‘ Universal Declaration of Human Rights’ was adopted. This Declaration covers the range of human rights in 30 clear and concise articles. The first two articles lay the universal foundation of human rights: human beings are equal because of their shared essence of human dignity; human rights are universal, not because of any State or international organisation, but because they belong to all of humanity. The two articles assure that human rights are the birthright of everyone, not privileges of a select few, nor privileges to be granted or denied. This document has thenceforth served as a fountainhead and foundation for all subsequent efforts at global level for the protection of the human rights, followed by a number of similar instruments such as ‘ Convention on the political rights of women’, ‘Declaration on the elimination of violence against women’, ‘Declaration on the rights of the child’, ‘Convention on the rights of the child’, ‘ Declaration on the rights of disabled persons’, ‘Declaration on the elimination of discrimination against women – and many more, the list is quite long’ there are more than 60 such instruments and declarations. This reflects the increasing global concern of the United Nations for the protection of the human rights.
- The Protection of Human Rights Act, 1993, under which the National and State Human Rights Commissions have been set up, defines ‘ human rights’ as rights relating to life, liberty, equality and dignity of the individual, guaranteed by the constitution, or embodied in the international covenants, enforceable by courts in India. The international covenants included in the mandate are the ‘ International Covenant on Civil and Political Rights’ and the ‘International Covenant on Economic, Social and Cultural Rights’, adopted by the United Nations. The establishment and strengthening of National Human Rights Institutions is perhaps the single most important component in the United Nations Technical Cooperation Programme. These institutions are the primary mechanisms for translating international concepts and norms into a local culture of human rights. Our NHRC was the first National Human Rights Institution to be established in the South Asian Region. It has completed more than ten years and has made its presence felt on a number of occasions and has come to be known as the sole national protector of the human rights of the people and has effectively demonstrated that protection of human rights does not have to rely entirely on the courts. It has thus gradually become the locus of the human rights’ awareness at the national level. The State Human Rights Commissions are following in the footsteps of the NHRC and are carrying out similar functions in the states, where these are working.
- I would also like you to know that the functions, powers and the constitution of the NHRC and the State Commissions are governed and regulated by the same Act. Almost all the functions, barring one or two, are common to the commissions, both at the National and the State level. While the State Commissions are attending to the complaints of human rights’ violations as their everyday functions on the lines and pattern of the Hon’ble High Court, they are also required to perform some more statutory and important functions which include visiting jails and other institutions under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection in order to study the living conditions of the inmates and make recommendations accordingly; reviewing the safeguards provided under the Constitution or any law for the protection of human rights and recommend measures for their effective implementation; reviewing the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures; undertaking and promoting research in the field of human rights, spreading human rights literacy among various sections of society and promoting awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means; and encourage the efforts of the NGOs and institutions working in the field of human rights.
- Protection and realization of human rights of the suffering humanity is indeed a tremendous job, but our Commission has successfully come up to the expectations of the people. We had received only 90 complaints in the beginning when the Commission was established in the year 1997, but the number had crossed the figure of 15,000 even before the year passed out in December last. This reflects the positive effects of our literacy and awareness programmes / campaigns, as also the faith of the people in the cheaper, quicker, impartial and unbiased nature of justice being administered.
- Our Commission aims at wiping out the very causes of human rights’ violations from the soil of the state of Punjab. As all of us know, society has never been perfect like the humans inhabiting it; and human nature so unpredictable and volatile as ever, rights have always been transgressed since ages in the past and will continue to be violated in future as well by co-humans because negative traits are also inherent and intrinsic to man along with all the goodness and nobility he has and can boast of. That being the basic philosophy behind the legislation of the Protection of Human Rights Act, 1993 and the setting up of the NHRC and the State Commissions thereunder, conceiving of a perfect society appears to be a far-fetched and utopian idea in the present context of the endeavours of the Commission. But, then, we cannot abandon our efforts merely on the pretext that the very idea of creating a perfect society is a foolhardy proposition and is neither practicable nor conceivable, given the unpredictable and fragile nature of the man, his foibles, failings, limitations and above all, his lack of perseverance and moral strength to come out unscathed from the vicissitudes of life and onslaughts of the so called human destiny. Harry Anderson says, “ Every fool knows you can’t touch the stars, but that doesn’t stop a wise man from trying”. Our commission, in any case, is fully determined to take on all odds and challenges coming its way in order to ensure protection of the rights of its people with all its capabilities, might and sources – that is our cherished desire and ultimate goal. Another writer Samual Becket says, “ Ever tried? Ever failed? No matter, try again. Fail again. Fail better”. The failures and the disappointments will not dishearten, prevent or deter us from carrying on with the noble task we have been entrusted with and are engaged in.
- In the end, I hope the modest initiative of the students of this college will be emulated and followed by other institutes with equal zeal and ardour. As the saying goes ‘ many a mickle makes a muckle’. All such modest efforts, put together, will make it a force to reckon with, some day and provide necessary antidote and challenge against all human rights violations.
- It is a matter of pleasure for me to be here among you on the inauguration of your newly-formed society for spreading human rights literacy. The initiative taken by your institute is certainly a good beginning and a laudable step in right direction for the protection and realisation of human rights. The involvement of the educational authorities, institutes like yours and the students in the propagation of human rights’ education and values in the masses and the various sections of society is of paramount importance.
- When we talk about human rights, it needs to be remembered that these are derived from the principle of natural law. They are not derived from the social order or conferred upon an individual by the society; they are inherent in the individual human beings, independent of and even prior to his participation in the society. The history of origin and development of human rights is very long and fascinating. But briefly, while the western scholars trace the origin back to the times of the ancient Greeks, the orientals consider the Vedas the most ancient or perhaps the first religious exposition of mankind in this regard. It was at the end of the World War-I when some serious attempts were initiated through the Treaty of Versailles which tended to promote and universalise human rights. But these did not meet with any success. However, since the judicial conscience of the civilised world was very much in favour of safeguarding the rights of the individual against violations by the States, it was felt and consistently realised that the rights must be universalized and safeguarded against such violations. It was finally after the end of World War II in 1945, in which more than 20 million people were killed in the war or exterminated in the Nazi concentration camps, in gas chambers or through firing squads, that human rights were finally universalised. The culmination came in 1948 when the first U.N. document ‘ Universal Declaration of Human Rights’ was adopted. This Declaration covers the range of human rights in 30 clear and concise articles. The first two articles lay the universal foundation of human rights: human beings are equal because of their shared essence of human dignity; human rights are universal, not because of any State or international organisation, but because they belong to all of humanity. The two articles assure that human rights are the birthright of everyone, not privileges of a select few, nor privileges to be granted or denied. This document has thenceforth served as a fountainhead and foundation for all subsequent efforts at global level for the protection of the human rights, followed by a number of similar instruments such as ‘ Convention on the political rights of women’, ‘Declaration on the elimination of violence against women’, ‘Declaration on the rights of the child’, ‘Convention on the rights of the child’, ‘ Declaration on the rights of disabled persons’, ‘Declaration on the elimination of discrimination against women – and many more, the list is quite long’ there are more than 60 such instruments and declarations. This reflects the increasing global concern of the United Nations for the protection of the human rights.
- The Protection of Human Rights Act, 1993, under which the National and State Human Rights Commissions have been set up, defines ‘ human rights’ as rights relating to life, liberty, equality and dignity of the individual, guaranteed by the constitution, or embodied in the international covenants, enforceable by courts in India. The international covenants included in the mandate are the ‘ International Covenant on Civil and Political Rights’ and the ‘International Covenant on Economic, Social and Cultural Rights’, adopted by the United Nations. The establishment and strengthening of National Human Rights Institutions is perhaps the single most important component in the United Nations Technical Cooperation Programme. These institutions are the primary mechanisms for translating international concepts and norms into a local culture of human rights. Our NHRC was the first National Human Rights Institution to be established in the South Asian Region. It has completed more than ten years and has made its presence felt on a number of occasions and has come to be known as the sole national protector of the human rights of the people and has effectively demonstrated that protection of human rights does not have to rely entirely on the courts. It has thus gradually become the locus of the human rights’ awareness at the national level. The State Human Rights Commissions are following in the footsteps of the NHRC and are carrying out similar functions in the states, where these are working.
- I would also like you to know that the functions, powers and the constitution of the NHRC and the State Commissions are governed and regulated by the same Act. Almost all the functions, barring one or two, are common to the commissions, both at the National and the State level. While the State Commissions are attending to the complaints of human rights’ violations as their everyday functions on the lines and pattern of the Hon’ble High Court, they are also required to perform some more statutory and important functions which include visiting jails and other institutions under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection in order to study the living conditions of the inmates and make recommendations accordingly; reviewing the safeguards provided under the Constitution or any law for the protection of human rights and recommend measures for their effective implementation; reviewing the factors including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures; undertaking and promoting research in the field of human rights, spreading human rights literacy among various sections of society and promoting awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means; and encourage the efforts of the NGOs and institutions working in the field of human rights.
- Protection and realization of human rights of the suffering humanity is indeed a tremendous job, but our Commission has successfully come up to the expectations of the people. We had received only 90 complaints in the beginning when the Commission was established in the year 1997, but the number had crossed the figure of 15,000 even before the year passed out in December last. This reflects the positive effects of our literacy and awareness programmes / campaigns, as also the faith of the people in the cheaper, quicker, impartial and unbiased nature of justice being administered.
- Our Commission aims at wiping out the very causes of human rights’ violations from the soil of the state of Punjab. As all of us know, society has never been perfect like the humans inhabiting it; and human nature so unpredictable and volatile as ever, rights have always been transgressed since ages in the past and will continue to be violated in future as well by co-humans because negative traits are also inherent and intrinsic to man along with all the goodness and nobility he has and can boast of. That being the basic philosophy behind the legislation of the Protection of Human Rights Act, 1993 and the setting up of the NHRC and the State Commissions thereunder, conceiving of a perfect society appears to be a far-fetched and utopian idea in the present context of the endeavours of the Commission. But, then, we cannot abandon our efforts merely on the pretext that the very idea of creating a perfect society is a foolhardy proposition and is neither practicable nor conceivable, given the unpredictable and fragile nature of the man, his foibles, failings, limitations and above all, his lack of perseverance and moral strength to come out unscathed from the vicissitudes of life and onslaughts of the so called human destiny. Harry Anderson says, “ Every fool knows you can’t touch the stars, but that doesn’t stop a wise man from trying”. Our commission, in any case, is fully determined to take on all odds and challenges coming its way in order to ensure protection of the rights of its people with all its capabilities, might and sources – that is our cherished desire and ultimate goal. Another writer Samual Becket says, “ Ever tried? Ever failed? No matter, try again. Fail again. Fail better”. The failures and the disappointments will not dishearten, prevent or deter us from carrying on with the noble task we have been entrusted with and are engaged in.
- In the end, I hope the modest initiative of the students of this college will be emulated and followed by other institutes with equal zeal and ardour. As the saying goes ‘ many a mickle makes a muckle’. All such modest efforts, put together, will make it a force to reckon with, some day and provide necessary antidote and challenge against all human rights violations.
Press Note Released By Justice N.C Jain, Chairperson, PSHRC On Human Rights Day On 10 December 2004.
- I am happy to participate in this function to celebrate the Human Rights Day. It is said that, “the history of human rights is the history of human struggles’. The twentieth century would be remembered as a century of war and violence marked by struggles for human rights. There is an awakening amongst the ordinary and deprived people, women and excluded groups, and other sections of society exploited for decades and are demanding their rights as human beings. Over 100 Nobel Prize winners who had assembled in Stockholm recently, issued an appeal in which they have emphasized that the most profound danger to world peace would arise from the rightful demands of the world’s poor and unorganised majority.
- As observed by the Human Development Report 2000, which specially focused on Human Rights and Human Development, “The rights perspective helps shift the priority to the most deprived and excluded, especially to deprivation because of discrimination”. This has become the fundamental strategy of the Punjab State Human Rights Commission of our since its inception in 1997. Not only does the Commission investigate numerous complaints of violations of human rights and suggest corrective measures for their protection, it also accords top priority to preventive measures to safeguard human rights of our people. Here I would like to quote what the previous Chairperson of the National Human Rights Commission, Justice J.S. Verma had once observed, “Not only must the violation of human rights be taken care of, prevention of such violation was equally if not more important”. The Punjab State Human Rights Commission has taken suo-motu actions in investigating complaints on human rights violations and recommended actions to remedy the situation.
- It is said, “Of the many human rights failures today, those in economic, social and cultural areas are particularly widespread across the world’s nations and peoples”. We are well aware that the weaker sections of society suffer the most due to such failures, which are root cause of serious social and economic problems faced by any society. The most likely way to solve such problems and ensure civilized existence of our people is to guarantee human rights of the weaker sections of society in totality. May I again quote Justice J.S. Verma’s observation that “Denial of empowerment to sections of society is a denial of basic human rights”.
- Punjab State Human Rights Commission has tilted its policies and actions in this regard in a meaningful manner. Its stress on public health care and adequate nutrition for poor people, and its insistence that State Government adopt policies which can empower weaker sections of society, clearly depict its efforts to look at human rights’ issue in a complete manner.
- Earlier I had referred to the observation we should shift our focus to the deprived and excluded. Women in our state and indeed in the country constitute the largest deprived and excluded group. It becomes imperative to remember that women’s rights are also human rights. Women are now becoming aware and are beginning launch movements to realize their human rights. PSHRC totally understands that violence and discrimination suffered by women strikes at the very root of our root of our human rights. It also insists upon the society to accept rights of women just as much as we accept the human rights in general. The Commission has made several recommendations in many such cases to protect the rights of this weaker section of the society. PSHRC plans to do much for work for the upliftment of women in tandem with the NGOs and other such organizations. Along with the landmark Supreme Court judgment on this matter, the efforts of the Commission will go a long way in tackling the menace faced by women at work places.
- The Commission has been cautious in warding off the attack on human rights of the deprived people and also those of the minorities.
- As the society changes and the effect of modern influences bring about considerable changes in economic and ecological spheres, human rights of people have to face new challenges. For example environmental degradation constitutes a grave threat to the basic and fundamental right to life and the right to health and clean environment. As such problems are increasing by leaps and bounds, we have to be on our guard. Punjab State Human Rights Commission has been very vigilant and has made significant recommendations to this effect.
- Disasters, both natural and man-made, endanger the lives of the people and their human rights. India is particularly vulnerable to man made disasters and natural calamities like floods, cyclones, heat and cold waves and now earthquakes. Our first Prime Minister Pandit Jawaharlal Nehru, in a letter to the Chief Ministers referred to these disasters and wrote, “Indeed every calamity is a challenge tour nationhood…. And a nation is ultimately judged by the way this challenge is accepted. ”The Human Development Report 2000 very aptly observed that protection against calamities is an important human right.
- The scope of human rights has been expanded which now encapsulates to right to health, right to clean air and right to education. A historic step has been taken to make the right to education a fundamental rights. The recent judicial intervention to identify the poor so that surplus food grains reach them through various schemes is yet another example of justification of the human rights of the economically deprived sections of our society by our law courts. These positive developments are encouraging for the long-suffering people.
- One of the central components of implementing the social, economic and cultural rights is to promote human rights education. Vienna Declaration has stated that Human Rights Education is “essential for the promotion and achievement of stable and harmonious relations among communities and for fostering mutual understanding, tolerance and peace.” Besides incorporating in its scope the issues of “human rights humanitarian law, democracy and the rule of law”, the Declaration insists that the human rights education should include `peace, development and social justice’.
- Punjab State Human Rights Commission has been sensitizing the people as well as those in authority that we must inculcate the values as well as the practice of human rights in society. We must build up a human rights conscience in every individual and in society as a whole in order to realize the noble objectives enshrined in our constitution to secure to all our citizens “Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; and equality of Status and Opportunity”. The large number of cases of human rights violations that are pouring in before the Commission is an indication of the increasing consciousness of the people about their human rights and their hope that the Punjab State Human Rights Commission can meet out justice to them.
- On this occasion I extend my greetings to honourable Chairman, fellow Members and all the staff working in it for its remarkable and path breaking work and wish them all success.
- In the end may I quote what Shri K.R. Narayanan, previous President of India had once mentioned in one of his speeches, “…I recall two personal memories I have on the importance of human rights. In the early 1940’s I was a student at the University in Thiruvananthapuram. I used to stay in a Hostel behind one of the major jails of the city. Studying far into the night burning midnight electricity I used to hear almost every night after midnight a piercing cry breaking out from the jail into the hushed silence of the summer night. That memory of the agonized cry from the jail had every since emphasized for me the importance of the protection of life and liberty of the individual enshrined in our Constitution as a fundamental human rights. Another memory of mine relates to the realm of social rights. In 1945 on the eve of my sailing of U.K. for higher studies, I had the good fortune to meet Mahatma Gandhi in Bombay. He was generous enough to give me time to ask some questions. One of the questions I asked him was what a student who goes abroad should say to people about caste and untouchability in India. His answer was “abroad you would say that it is an internal problem of ours and we are determined to resolve it ourselves.” I had followed that advice because I was convinced that Gandhiji was determined to solve the problem on our own. When this question came up in South Africa at the Conference on racial discrimination Gandhiji’s words come back to me and it struck me that it was necessary for following that advice to see in the country determined and sincere efforts to solve the problem ourselves.” In the Punjab State Human Rights Commission It is our honest endeavour to ensure that human rights in political, social and economics terms are ensured to the people in practice in our country.