RIGHTS ISSUES
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly (10 December 1948 at Palais de Chaillot, Paris).
The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled. It consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws.
The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights are its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights; and in 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.
Articles 1 and 2 are the foundation blocks, with their principles of dignity, liberty, equality and brotherhood.
The second column (articles 12–17) constitutes the rights of the individual in civil and political society.
The third column (articles 18–21) is concerned with spiritual, public and political freedoms such as freedom of religion and freedom of association.
The fourth column (articles 22–27) sets out social, economic and cultural rights.
The adoption of the Universal Declaration is a significant international commemoration marked each year on 10December and is known as Human Rights Day or International Human Rights Day.
2008 marked the 60thanniversary of the Declaration and was accompanied by year-long activities around the theme: "Dignity and justice for all of us".
In the Bangkok Declaration adopted by Ministers of Asian states meeting in 1993 in the lead up to the World Conference on Human Rights held in the same year, Asian governments reaffirmed their commitment to the principles of the United Nations Charter and the Universal Declaration of Human Rights.
From NHRC website:
Programmes and Human Rights issues taken up by the Commission include:-
Abolition of Bonded Labour
Right to Food: The Commission observed that as starvation deaths reported from some pockets of the country are invariably the consequence of mis-governance resulting from acts of omission and commissionon the part of the public servant, they are of direct concern to the Commission under the provisions of the Protection of Human Rights Act, 1993. The Commission holds the view that to be free from hunger is a Fundamental Right of the people of the country. Starvation, hence, constitutes a gross denial and violation of this right.
Abolition of Child Labour: The Commission focusing its attention on the following industries where from rampant reports of child labour were received. These interalia include the :-
o • Bangle/glass industry
o • Silk industry
o • Lock industry
o • Stone-Quarries
o • Brick Kiln
o • Diamond cutting
o • Ship-breaking
o • Construction-work
o • Carpet-weaving
Combating Sexual Harassment of Women at the Work Place: The Commission has taken a keen interest with regard to the implementation of the guidelines and norms prescribed by the Supreme Court on preventing and combating sexual harassment at the workplace, popularly known as the Vishaka guidelines.
Harassment of Women Passengers in Trains: In pursuance of the decisions taken in those meetings, the Ministry of Railways have made available FIR forms in Hindi, English and a few regional languages in trains. It has also incorporated a module on gender sensitisation in the training programmes for the Probationers of the Traffic and Security Department of the Railways. The Commission also recommended to the Ministry of Railways the following – (i) availability of FIR forms in all other regional languages, (ii) preparation and display of messages in the railway coaches, (iii) preparation and display of graphics and other publicity materials at the railway platforms, (iv) printing of the message on the back of the ticket saying that sexual harassment of women in trains is a crime, and (v) preparation of power point presentation that could be made in software for the television showing briefly the issue and its implications.
Abolition of Manual Scavenging: As a follow up, the Planning Commission has prepared a 'National Action Plan' for the Total Eradication of Manual Scavenging by 2007. Emphasis in this Action Plan is on -
o i) Proper identification of those engaged in manual scavenging
o ii) Enforcement of the prohibition law
o iii) Involvement of NGOs.
o iv) Better coordination at Central and State levels
Dalits issues including atrocities perpetrated on them: NHRC has taken several initiatives to ameliorate their situation and protect their rights. They include the redressing of individual complaints; constitution of a Dalit Cell in 2003 headed by a Member of the Commission with the aim to monitor implementation of programmes; research studies on the socio-economic conditions of the Musahars, and the political and cultural status of dalit women in Haryana; and the preparation of a handbook on discrimination in order to sensitize teachers.
Problems faced by Denotified and Nomadic Tribes: The communities designated as Denotified Tribes (DNT) and Nomadic Tribes (NT) of India were identified as "Criminal Tribes" (which included both castes as well as tribes) in pre-independence India. Though the Criminal Tribes Act, 1871 was annulled soon after independence, the police, as well as members of the public, frequently and most regrettably continue to treat persons belonging to these communities as "born criminals" and "habitual criminals". They, therefore, remain amongst the most discriminated and disadvantaged groups in the country.
Rights of the Disabled: NHRC has been redressing individual complaints from NGOs and others; the Commission reviewed relevant legislations and made recommendations for improvements thereon; it has successfully championed the need to enumerate the disabled in Census 2001.
Right to Health
District Complaints Authority: The Commission had mooted the idea of setting up of a district level setup to promote Police-Community relations.The functions of the Authority are to examine grievances of the public in the matter of rude and uncivil behaviour towards the public, abuse of authority, misuse of power, wrongful arrests and detentions, custodial violence and to make appropriate recommendations to Government or the State or National Human Rights Commission. This system is in existence and is working in the State of Kerala.
The composition of the "District Police Complaints Authority" was as under:-
o 1. The Principal Judge of the District concerned - Chairman
o 2. The Collector of the District - Member
o 3. The Senior Superintendent of Police - Member
In-charge of the district, The District Superintendent of Police shall be the ex-officio Member Secretary of the Committee.
In its report on human rights in India during 2010, Human Rights Watch stated India had "significant human rights problems". They identified lack of accountability for security forces and impunity for abusive policing including "police brutality, extrajudicial killings, and torture" as major problems.
Chronology of events regarding human rights in India
1829 – The practice of sati was formally abolished by Governor General William Bentick after years of campaigning by Hindu reform movements.
1929 – Child Marriage RESTRAINT Act, prohibiting marriage of minors less than 14 years of age is passed.
1952 – Criminal Tribes Acts repealed by government, former "criminal tribes" categorized as "denotified" and Habitual Offenders Act (1952) enacted.
1958 -Armed Forces (Special Powers) Act, 1958
1975–77 – State of Emergency in India – extensive rights violations take place.
1989 – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is passed.
1993 – National Human Rights Commission is established under the Protection of Human Rights Act.
2001 – Supreme Court passes extensive orders to implement the right to food
2005 – National Rural Employment Guarantee Act (NREGA) guarantees universal right to employment.
2009 – DelhiHighCourt delcares that Section377 of the IndianPenalCode, which outlaws a range of unspecified "unnatural" sex acts, is unconstitutional when applied to homosexual acts between private consenting individuals, effectively decriminalising homosexual relationships in India.
Three generations of human rights of Universal Declaration
The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg.
His divisions follow the three watchwords of the French Revolution: Liberty, Equality, Fraternity.
First-generation human rights, often called "blue" rights, deal essentially with liberty and participation in political life: Articles 3 to 21. They are fundamentally civil and political in nature, as well as strongly individualistic: They serve negatively to protect the individual from excesses of the state.
Second-generation human rights are related to equality and began to be recognized by governments after World War II. They are fundamentally economic, social and cultural in nature. They guarantee different members of the citizenry equal conditions and treatment. Secondary rights would include a right to be employed, rights to housing and health care, as well as social security and unemployment benefits: Articles 22 to 27.These rights are sometimes referred to as "red" rights.
Important Conventions
Convention on the Elimination of All Forms of Racial Discrimination: A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. Controversially, the Convention also requires its parties to outlaw hate speech and criminalize membership in racist organizations.The convention was adopted and opened for signature by the United Nations General Assembly on 1966, and entered into force on January 4, 1969. As of October 2011, it has 86 signatories and 175 parties.India: signed in 1967 ratified in 1968.
Convention on the Elimination of all Forms of Discrimination against Women:international convention adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it came into force on 3 September 1981. The United States is the only developed nation that has not ratified the CEDAW.The seven UN member states that have not ratified or acceded to the convention are Iran, Palau, Somalia, Sudan, South Sudan, Tonga, and the United States. The United States and Palau have signed it, but not yet ratified it.The latest state to have acceded the convention was Nauru on June 23, 2011.India Signed-1980 and 1993-Ratification
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (United Nations Convention against Torture):The Convention requires states to take effective measures to prevent torture within their borders, and forbids states to transport people to any country where there is reason to believe they will be tortured.The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984and, following ratification by the 20th state party, it came into force on 26 June 1987. 26 June is now recognised as the International Day in Support of Torture Victims. India: Signed-1997Not ratified
United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families: Signed in 1990, it entered into force in 2003. The Committee on Migrant Workers (CMW) monitors implementation of the convention, and is one of the seven UN-linked Human rights treaty bodies.The primary objective of the Convention is to foster respect for migrants’ human rights. Migrants are not only workers, they are also human beings. The Convention does not create new rights for migrants but aims at guaranteeing equality of treatment, and the same working conditions for migrants and nationals.India Not a member.
Convention on the Rights of Persons with Disabilities:The text was adopted by the United Nations General Assembly in 2006 and opened for signature in 2007. Following ratification by the 20th party, it came into force in 2008.1981-1992 was the UN "Decade of Disabled Persons."The year 1981 was proclaimed the International Year of Disabled Persons (IYDP) by the United Nations.International Day of People with Disability (December 3) is an international observance promoted by the United Nations since 1992. The Convention adopts a social model of disability, and defines disability as including “those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”. Theme 2011: "Together for a better world for all: Including persons with disabilities in development". India: Signed and Ratified in 2007.
Convention on the Prevention and Punishment of the Crime of Genocide:Adopted by the United Nations General Assembly in 1948 as General Assembly Resolution 260. The Convention entered into force in 1951. Article 2 of the Convention defines genocide as ...any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
o (a) Killing members of the group;
o (b) Causing serious bodily or mental harm to members of the group;
o (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
o (d) Imposing measures intended to prevent births within the group;
o (e) Forcibly transferring children of the group to another group.
India Signed-1949 Ratified- 1959
Convention on the Rights of the Child: Passed by UNICEF, the Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. The Convention generally defines a child as any human being under the age of eighteen.Nations that ratify this convention are bound to it by international law. Compliance is monitored by the United Nations Committee on the Rights of the Child, which is composed of members from countries around the world.The United Nations General Assembly adopted the Convention and opened it for signature in 1989 (the 30th anniversary of its Declaration of the Rights of the Child).It came into force in 1990. Two optional protocols were adopted on 25 May 2000. The First Optional Protocol restricts the involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of children, child prostitution and child pornography.
In India, there is no outright ban on child labour, and the practice is generally permitted in most industries except those deemed "hazardous". Although a law in October 2006 banned child labour in hotels, restaurants, and as domestic servants, there continues to be high demand for children as hired help in the home. Little is being done to address the problem since the economy is booming and the nuclear family is spreading, thereby increasing demand for child labourers. Under the auspices of the UNICEF financed “Udisha” initiative the Government of India is specifying the outline of a means of change and improvement in child care.There are severe restrictions on children in India on their rights to have a relationship with both parents, when they are separated/divorced, especially when laws to protect women & children (such as Domestic Violence Act, 2006 or Sec.498A of Indian Penal Code) are abused or misused by women.India: Ratified in 1992.
Declaration on the Right to Development:The right to development was subsequently proclaimed by the United Nations in 1986 in the "Declaration on the Right to Development". The Right to development is a group right of peoples as opposed to an individual right, and was reaffirmed by the 1993 Vienna Declaration and Programme of Action.The Rio Declaration on Environment and Development, also known as Rio Declaration, recognises the right to development as one of its 27 principles. Principle 3 of the Declaration states "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations."
Protection of Human Rights Act 1993
India is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on 16th December, 1966.
Sec. 2 of the Protection of Human Rights Act, 1993 (‘Act’ for brevity) defines the term ‘human rights’ as the rights relating to-
o life;
o liberty;
o equality and
o dignity of the individual
Guaranteed under the Constitution or embodied in the international covenants on civil and political rights and international covenant on Economic, social and cultural rights adopted by the General Assembly of the United Nations on 16.12.1966 and enforceable by Courts in India. As such the Court is empowered to protect the human rights as mentioned above.
Sec. 3 of the Act provides that the Central Government shall constitute a body known as the ‘National Human Rights Commission’ to exercise the powers conferred upon and to perform the functions assigned to it under the Act. The said Commission is functioning at New Delhi.
Sec.21 of the Act provides that a state may constitute a body to be known as the (Name of the State) Human Rights Commission to exercise the powers conferred upon and to perform the functions assigned to a State Commissioner.
The Commission may on its own motion or on the basis of the petitions made to it on allegation of human rights violation by armed forces, seek a report from the Central Government. On receipt of the report, it may either not to proceed with the complaint or to proceed with the complaint as the case may be, make its recommendations to the Government.
Human Rights w.r.t. Women
Legal Rights:
Protection of Women from Domestic Violence Act 2005:Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women who are sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994: This Act provides for the regulation of the use of prenatal diagnostic techniques for the purpose of detecting genetic or metabolic disorder or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of the misuse of such techniques for the purpose of prenatal sex determination leading to female feticide: and for matters connected therewith or incidental thereto.
Immoral Traffic Prevention Act, 1986:In 1950 the Government of India ratified the International Convention for the Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of others. In 1956 India passed the Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA). The act was further amended and changed in 1986, resulting in the Immoral Traffic Prevention Act also known as PITA. PITA only discusses trafficking in relation to prostitution and not in relation to other purposes of trafficking such as domestic work, child labour, organ harvesting, etc.In 2006, the Ministry of Women and Child Development proposed an amendment bill that has yet to be passed. The amendment does not really concern any of the provisions related to the child but has many important consequences for the right of women sex workers.
Indecent representation of women (prohibition) act 1986:An Act to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto.It extends to the whole of India, except the State of Jammu and Kashmir.
Medical Termination of Pregnancy, 1971: An Act to provide for the termination of certain pregnancies by registered Medical Practitioners and for matters connected therewith or incidental thereto. It extends to the whole of India except the State of Jammu and Kashmir.
The Dowry Prohibition (DP) Act 1961(Amended 1986):It extends to the whole of India except the State of Jammu and Kashmir.Introduced and taken up by then Indian law minister Ashoke Kumar Sen, this Act prohibits the request, payment or acceptance of a dowry, "as consideration for the marriage". where "dowry" is defined as a gift demanded or given as a precondition for a marriage. Gifts given without a precondition are not considered dowry, and are legal.
Maternity benefit act 1961: The object of maternity leave and benefit is to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working. With the object of providing maternity leave and benefit to women employee the Maternity Benefit Bill was passed by both the Houses of Parliament and subsequently it received the assent of President on 12th December, 1961 to become an Act.
The Hindu Succession Act 1956: Females are granted ownership of all property acquired either before or after the signing of the Act, abolishing their “limited owner" status. However, it was not until the 2004 Amendment that daughters were allowed equal receipt of property as with sons. This invariably grants females property rights.
Hindu Marriage Act 1955:Its purpose was to regulate personal life among Hindus, especially their institution of marriage, its validity, conditions for in-validity, and applicability.It recognizes the modern offshoots of the Hindu religion (Jains, Buddhists) as specified in Article 44 of the Indian Constitution.
The Minimum Wages Act, 1948
The Child Marriage Restraint Act, 1929
Constitutional Rights:
Article 14: Equality before law
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 16: Equality of opportunity in matters of public employment
Article 21: Protection of life and personal liberty
Article 23: Prohibition of traffic in human beings and forced labour
Article 39 (a): Certain principles of policy to be followed by the State
Article 42: Provision for just and humane conditions of work and maternity relief
Article 51 A (e): imposes that duty of every citizen in India to renounce practices derogatory to the dignity of women.
CHILD Protection & Child Rights
Legal Rights:
The Right of Children to Free and Compulsory Education Act, 2009:Calls for free and compulsory education for all children between the ages of 6 and 14. It provides for equal opportunities of disabled children. It makes special provisions for children who are not admitted and are above age 6 to be admitted into their age appropriate class, after special training and provides that they be allowed to complete their elementary education even pass the age of 14. Any child also has the right to transfer to a school that provides education up to class VIII if it is not provided in the school she is currently enrolled in. Central and state governments share the responsibility both financial and other (such as development of curriculum, training of teachers, etc) required under this act.It is the responsibility of parents to send their children to school and the appropriate government (which is directly in charge of a school or area) to provide pre- primary (between ages 3-6) education and child care. A government school is required to provide free education to any child that seeks admission. Aided schools, private schools and special schools are required to provide free education to a minimum of 25% of its students especially those from disadvantaged sections of society. In return the government is responsible to reimburse private schools the cost per child that a public school incurs to help aid the free education provided by such schools. But if the private school has received any sort of concession or subsidy they are not entitled to such reimbursement. Schools are not allowed to charge capitation fees, screen the children for admission and even though they are allowed to ask for proof of age they may not deny admission on the basis of lack of proof. No school may hold back or expel a child before their completion of elementary education. There is a prohibition against physical punishment and mental harassment, which if broken is liable to disciplinary action. All schools must be registered or given a certificate of recognition by the appropriate government in order to function. This certificate will only be given or maintained if certain norms and standards are upheld. The government can levy charges up to one lakh against schools for continuing to function without a certificate. Teacher vacancies shall not exceed 10% of the total strength of teachers in a specific school.Under this section, no child will be subject to a board examination but will receive a certification on completion of elementary education.National and State Commissions for the Protection of Child Rights responsible for upholding the right to education specified in the act and other rights under section 4 of the Commissions for Protection of Child Rights Act, 2006.
Prohibition of Child Marriage Act, 2006: According to the act a child is a male who has not completed twenty one years of age and a female who has not completed eighteen years of age. Child marriage is a contract between any two people of which either one or both parties is a child. Child marriage that took place before or after this act can be made void by the person who was a child at the time of marriage. But the marriage must be voided before the person who was a child completes their second year of maturity.A court can decree that if it is the husband that is asking for a void of marriage than he or his family are responsible to pay for the maintenance of the girl until she is remarried.If a child was detained away from her/his parents or guardians, forced to go to a different place, sold into marriage, or made to marry after which they are used for immoral purposes or trafficked then that marriage is considered to be null and void.
Juvenile Justice (Care and Protection of Children) Act, 2000:This act protects not only the rights of children, but a person's rights when he/she was a child. Meaning that if a crime or an incident took place while the person was a child, and then during the proceeding the juvenile ceased to be of age the case would continue as if the juvenile has not turned eighteen yet.When a police officer comes in contact with a juvenile he must place the child with the Special Juvenile Police Unit (SJPU) who must report the child to the board without delay. Bail is available to juveniles in all cases as long as the Board find the release of this child will not place him in any danger or in the influence of criminals.Under this act juvenile cases cannot be processed with non-juvenile cases.
Child Labour (Prohibition and Regulation) Act 1986: The act defines a child as any person who has not completed his fourteenth year of age. Part II of the act prohibits children from working in any occupation listed in Part A of the Schedule; for example: Catering at railway establishments, construction work on the railway or anywhere near the tracks, plastics factories, automobile garages, etc. The act also prohibits children from working in places where certain processes are being undertaken, as listed in Part B of the Schedule; for example: beedi making, tanning, soap manufacture, brick kilns and roof tiles units, etc. These provisions do not apply to a workshop where the occupier is working with the help of his family or in a government recognised or aided school. The act calls for the establishment of a Child Labour Technical Advisory Committee (CLTAC) who is responsible for advising the government about additions to the Schedule lists.
Bonded Labour System (Abolition) Act, 1976:The Bonded Labour System (Abolition) Act 1976 talks of the illegality of slave or bonded labour with reference to both adults and children. In the following section is an outline of the law as it pertains to children below the age of 18.Victims of bonded labour are not liable to repay their debt, and any property that was taken from the bonded labourer is to be restored. All legal proceeding against bonded labourers for inability to replay their debt or abide by the bonded system is dismissed.
Factories Act, 1948 (as amended in 1987):The act defines a child as a person who has completed him/her 15th year of age. It defines an adolescent as one who is has completed his/her15th year of age but not completed his/her 18th year of age. A young person is defined as either a child or an adolescent.Young persons are not to be compelled to work dangerous machinery unless they have full prior knowledge of the danger, are trained and there is a supervisor present at all times who is fully trained in the machinery. Children are prohibited from working in any area where a cotton opener is functional. The act calls for a crèche service to be available to children below the age of six with the factory has a minimum of 30 women working there.Adolescents are only allowed to work in the factory between 6 a.m. and 7 p.m. unless the State Government decides otherwise. Children or adolescents who have not been deemed adults shall not be allowed to work in a factory for more than four and half hours in any day and can not work at night.
Infant Milk Substitutes, Feeding Bottles and Infant Foods:The purpose of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act 1992 and its 2003 amendment is to promote breast feeding of new born children and infants. It also looks to ensure that infant foods are regulated and used appropriately.
Pre-natal Diagnostic Techniques Act, 1994:The act prohibits the medical personnel from conducting or helping anyone conduct sex-selection. All medical equipment regarding pregnancies shall be sold only to registered clinics. All pre-natal diagnostic techniques are banned except for the detection of chromosomal abnormalities, genetic metabolic diseases, haemoglobinopathies, sex-linked genetic diseases, congenital anomalies, any other abnormalities or diseases as may be specified by the Central Supervisory Board.
Immoral Traffic Prevention Act, 1986:The act defines child as any person who has completed eighteen years of age.The first section of the act has provisions that outline the illegality of prostitution and the punishment for owning a brothel or a similar establishment, or for living of earnings of prostitution as is in the case of a pimp.
Guardians and Wards Act, 1890:It became the only non-religious universal law regarding the guardianship of a child, applicable to all of India except the state of Jammu and Kashmir. This law is particularly outlined for Muslims, Christians, Parsis and Jews as their personal laws don't allow for full adoption only guardianship. It applies to all children regardless of race or creed.
Hindu Adoption and Maintenance Act, 1956:Adoption is not permitted in according to the personal law of Muslims, Christians, Parsis and Jews in India. Hence they usually opt for guardianship of a child through the Guardians and Wards Act, 1890.This act applies to all Hindu, Buddhists, Sikhs and Jains by religion.
India Penal Code and Child related offenses:According to the sections 82 and 83 of the IPC a child who commits a crime and is below the age of seven is not considered to have committed a crime. A child who is between the ages of seven and twelve and is deemed to have immature understanding about the consequences of his/her actions is also considered incapable of committing a crime.Section 315 and 316 discusses the offence of foeticide and infanticide.Section 317 states that is it a crime against children, if their mother or father expose or leave a child in a place with the intention of abandonment.
Constitutional Rights:
The explicit Provisions dealing with the child welfare are:
Article 15(3): it empowers the state to make special provisions for children and women.
Article 24: it prohibits the employment to children in factories, etc.
Article 39(e) and (f): it obligates the state to safeguard the health of children and afford opportunities to grow with dignity.
Article 45: it provides for free and compulsory education for children.
The implicit Provisions dealing with child welfare:
Article 14: equality before law.
Article 23: prohibition of traffic in human beings and forced labour.
Article 38: it endeavours to secure a social order for the protection of welfare of the people.
Article 41: Right to work, to education and to public assistance in certain cases.
Article 42: provisions for just and humane conditions of work and maternity relief.
Article 46: Promotion of educational and economic interest of S.C, S.T, and other weaker sections.
Article 47: it obligates the state to raise the level of nutrition and the standard of living and to improve public health.
Labour rights
Legal Rights:
Laws related to Industrial Relations
The Trade Unions Act, 1926 The Trade Unions (Amendments) Act, 2001
The Industrial Employment (Standing Orders) Act, 1946
The Industrial Disputes Act, 1947
Laws related to Wages
The Payment of Wages Act, 1936 The Payment of Wages (AMENDMENT) Act, 2005
The Minimum Wages Act, 1948
The Working Journalist (Fixation of Rates of Wages) Act, 1958
The Payment of Bonus Act, 1965
Laws related to Working Hours, Conditions of Services and Employment
The Factories Act, 1948
The Dock Workers (Regulation of Employment) Act, 1948
The Plantation Labour Act, 1951
The Mines Act, 1952
The Merchant Shipping Act, 1958
The Motor Transport Workers Act, 1961
The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
The Contract Labour (Regulation & Abolition) Act, 1970
Laws related to Equality and Empowerment of Women
The Maternity Benefit Act, 1961
The Equal Remuneration Act, 1976
Laws related to Deprived and Disadvantaged Sections of the Society
The Bonded Labour System (Abolition) Act, 1976
The Child Labour (Prohibition & Regulation) Act, 1986
The Children (Pledging of Labour) Act, 1933
Laws related to Labour Welfare
The Mica Mines Labour Welfare Fund Act, 1946
The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972
The Beedi Workers Welfare Fund Act, 1976
The Beedi Workers Welfare Cess Act, 1976
The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976
The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976
The Cine Workers Welfare Fund Act, 1981
The Cine Workers Welfare Cess Act, 1981
The Employment of Manual Scavengers and Construction of Dry latrines Prohibition Act, 1993
Constitutional Rights:
Articles 14, 19, 21, 23 and 24 form part of the Fundamental Rights guaranteed under Part III of the Constitution.
Articles 38, 39, 39-A, 41, 42, 43, 43-A and 47 form part of the Directive Principles of State Policy under Part IV of the Constitution.
References:
http://nhrc.nic.in/
http://www.childlineindia.org.in/Child-Related-Legislations.htm
chdslsa.gov.in/right_menu/act/pdf/PNDT.pdf
http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx
http://en.wikipedia.org/wiki/Human_rights_in_India
Name: Eswar Prasad Choudhury
The Universal Declaration of Human Rights (UDHR) is a declaration adopted by the United Nations General Assembly (10 December 1948 at Palais de Chaillot, Paris).
The Declaration arose directly from the experience of the Second World War and represents the first global expression of rights to which all human beings are inherently entitled. It consists of 30 articles which have been elaborated in subsequent international treaties, regional human rights instruments, national constitutions and laws.
The International Bill of Human Rights consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights are its two Optional Protocols. In 1966 the General Assembly adopted the two detailed Covenants, which complete the International Bill of Human Rights; and in 1976, after the Covenants had been ratified by a sufficient number of individual nations, the Bill took on the force of international law.
Articles 1 and 2 are the foundation blocks, with their principles of dignity, liberty, equality and brotherhood.
The second column (articles 12–17) constitutes the rights of the individual in civil and political society.
The third column (articles 18–21) is concerned with spiritual, public and political freedoms such as freedom of religion and freedom of association.
The fourth column (articles 22–27) sets out social, economic and cultural rights.
The adoption of the Universal Declaration is a significant international commemoration marked each year on 10December and is known as Human Rights Day or International Human Rights Day.
2008 marked the 60thanniversary of the Declaration and was accompanied by year-long activities around the theme: "Dignity and justice for all of us".
In the Bangkok Declaration adopted by Ministers of Asian states meeting in 1993 in the lead up to the World Conference on Human Rights held in the same year, Asian governments reaffirmed their commitment to the principles of the United Nations Charter and the Universal Declaration of Human Rights.
From NHRC website:
Programmes and Human Rights issues taken up by the Commission include:-
Abolition of Bonded Labour
Right to Food: The Commission observed that as starvation deaths reported from some pockets of the country are invariably the consequence of mis-governance resulting from acts of omission and commissionon the part of the public servant, they are of direct concern to the Commission under the provisions of the Protection of Human Rights Act, 1993. The Commission holds the view that to be free from hunger is a Fundamental Right of the people of the country. Starvation, hence, constitutes a gross denial and violation of this right.
Abolition of Child Labour: The Commission focusing its attention on the following industries where from rampant reports of child labour were received. These interalia include the :-
o • Bangle/glass industry
o • Silk industry
o • Lock industry
o • Stone-Quarries
o • Brick Kiln
o • Diamond cutting
o • Ship-breaking
o • Construction-work
o • Carpet-weaving
Combating Sexual Harassment of Women at the Work Place: The Commission has taken a keen interest with regard to the implementation of the guidelines and norms prescribed by the Supreme Court on preventing and combating sexual harassment at the workplace, popularly known as the Vishaka guidelines.
Harassment of Women Passengers in Trains: In pursuance of the decisions taken in those meetings, the Ministry of Railways have made available FIR forms in Hindi, English and a few regional languages in trains. It has also incorporated a module on gender sensitisation in the training programmes for the Probationers of the Traffic and Security Department of the Railways. The Commission also recommended to the Ministry of Railways the following – (i) availability of FIR forms in all other regional languages, (ii) preparation and display of messages in the railway coaches, (iii) preparation and display of graphics and other publicity materials at the railway platforms, (iv) printing of the message on the back of the ticket saying that sexual harassment of women in trains is a crime, and (v) preparation of power point presentation that could be made in software for the television showing briefly the issue and its implications.
Abolition of Manual Scavenging: As a follow up, the Planning Commission has prepared a 'National Action Plan' for the Total Eradication of Manual Scavenging by 2007. Emphasis in this Action Plan is on -
o i) Proper identification of those engaged in manual scavenging
o ii) Enforcement of the prohibition law
o iii) Involvement of NGOs.
o iv) Better coordination at Central and State levels
Dalits issues including atrocities perpetrated on them: NHRC has taken several initiatives to ameliorate their situation and protect their rights. They include the redressing of individual complaints; constitution of a Dalit Cell in 2003 headed by a Member of the Commission with the aim to monitor implementation of programmes; research studies on the socio-economic conditions of the Musahars, and the political and cultural status of dalit women in Haryana; and the preparation of a handbook on discrimination in order to sensitize teachers.
Problems faced by Denotified and Nomadic Tribes: The communities designated as Denotified Tribes (DNT) and Nomadic Tribes (NT) of India were identified as "Criminal Tribes" (which included both castes as well as tribes) in pre-independence India. Though the Criminal Tribes Act, 1871 was annulled soon after independence, the police, as well as members of the public, frequently and most regrettably continue to treat persons belonging to these communities as "born criminals" and "habitual criminals". They, therefore, remain amongst the most discriminated and disadvantaged groups in the country.
Rights of the Disabled: NHRC has been redressing individual complaints from NGOs and others; the Commission reviewed relevant legislations and made recommendations for improvements thereon; it has successfully championed the need to enumerate the disabled in Census 2001.
Right to Health
District Complaints Authority: The Commission had mooted the idea of setting up of a district level setup to promote Police-Community relations.The functions of the Authority are to examine grievances of the public in the matter of rude and uncivil behaviour towards the public, abuse of authority, misuse of power, wrongful arrests and detentions, custodial violence and to make appropriate recommendations to Government or the State or National Human Rights Commission. This system is in existence and is working in the State of Kerala.
The composition of the "District Police Complaints Authority" was as under:-
o 1. The Principal Judge of the District concerned - Chairman
o 2. The Collector of the District - Member
o 3. The Senior Superintendent of Police - Member
In-charge of the district, The District Superintendent of Police shall be the ex-officio Member Secretary of the Committee.
In its report on human rights in India during 2010, Human Rights Watch stated India had "significant human rights problems". They identified lack of accountability for security forces and impunity for abusive policing including "police brutality, extrajudicial killings, and torture" as major problems.
Chronology of events regarding human rights in India
1829 – The practice of sati was formally abolished by Governor General William Bentick after years of campaigning by Hindu reform movements.
1929 – Child Marriage RESTRAINT Act, prohibiting marriage of minors less than 14 years of age is passed.
1952 – Criminal Tribes Acts repealed by government, former "criminal tribes" categorized as "denotified" and Habitual Offenders Act (1952) enacted.
1958 -Armed Forces (Special Powers) Act, 1958
1975–77 – State of Emergency in India – extensive rights violations take place.
1989 – Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 is passed.
1993 – National Human Rights Commission is established under the Protection of Human Rights Act.
2001 – Supreme Court passes extensive orders to implement the right to food
2005 – National Rural Employment Guarantee Act (NREGA) guarantees universal right to employment.
2009 – DelhiHighCourt delcares that Section377 of the IndianPenalCode, which outlaws a range of unspecified "unnatural" sex acts, is unconstitutional when applied to homosexual acts between private consenting individuals, effectively decriminalising homosexual relationships in India.
Three generations of human rights of Universal Declaration
The division of human rights into three generations was initially proposed in 1979 by the Czech jurist Karel Vasak at the International Institute of Human Rights in Strasbourg.
His divisions follow the three watchwords of the French Revolution: Liberty, Equality, Fraternity.
First-generation human rights, often called "blue" rights, deal essentially with liberty and participation in political life: Articles 3 to 21. They are fundamentally civil and political in nature, as well as strongly individualistic: They serve negatively to protect the individual from excesses of the state.
Second-generation human rights are related to equality and began to be recognized by governments after World War II. They are fundamentally economic, social and cultural in nature. They guarantee different members of the citizenry equal conditions and treatment. Secondary rights would include a right to be employed, rights to housing and health care, as well as social security and unemployment benefits: Articles 22 to 27.These rights are sometimes referred to as "red" rights.
Important Conventions
Convention on the Elimination of All Forms of Racial Discrimination: A second-generation human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. Controversially, the Convention also requires its parties to outlaw hate speech and criminalize membership in racist organizations.The convention was adopted and opened for signature by the United Nations General Assembly on 1966, and entered into force on January 4, 1969. As of October 2011, it has 86 signatories and 175 parties.India: signed in 1967 ratified in 1968.
Convention on the Elimination of all Forms of Discrimination against Women:international convention adopted in 1979 by the United Nations General Assembly. Described as an international bill of rights for women, it came into force on 3 September 1981. The United States is the only developed nation that has not ratified the CEDAW.The seven UN member states that have not ratified or acceded to the convention are Iran, Palau, Somalia, Sudan, South Sudan, Tonga, and the United States. The United States and Palau have signed it, but not yet ratified it.The latest state to have acceded the convention was Nauru on June 23, 2011.India Signed-1980 and 1993-Ratification
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (United Nations Convention against Torture):The Convention requires states to take effective measures to prevent torture within their borders, and forbids states to transport people to any country where there is reason to believe they will be tortured.The text of the Convention was adopted by the United Nations General Assembly on 10 December 1984and, following ratification by the 20th state party, it came into force on 26 June 1987. 26 June is now recognised as the International Day in Support of Torture Victims. India: Signed-1997Not ratified
United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families: Signed in 1990, it entered into force in 2003. The Committee on Migrant Workers (CMW) monitors implementation of the convention, and is one of the seven UN-linked Human rights treaty bodies.The primary objective of the Convention is to foster respect for migrants’ human rights. Migrants are not only workers, they are also human beings. The Convention does not create new rights for migrants but aims at guaranteeing equality of treatment, and the same working conditions for migrants and nationals.India Not a member.
Convention on the Rights of Persons with Disabilities:The text was adopted by the United Nations General Assembly in 2006 and opened for signature in 2007. Following ratification by the 20th party, it came into force in 2008.1981-1992 was the UN "Decade of Disabled Persons."The year 1981 was proclaimed the International Year of Disabled Persons (IYDP) by the United Nations.International Day of People with Disability (December 3) is an international observance promoted by the United Nations since 1992. The Convention adopts a social model of disability, and defines disability as including “those who have long-term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others”. Theme 2011: "Together for a better world for all: Including persons with disabilities in development". India: Signed and Ratified in 2007.
Convention on the Prevention and Punishment of the Crime of Genocide:Adopted by the United Nations General Assembly in 1948 as General Assembly Resolution 260. The Convention entered into force in 1951. Article 2 of the Convention defines genocide as ...any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:
o (a) Killing members of the group;
o (b) Causing serious bodily or mental harm to members of the group;
o (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
o (d) Imposing measures intended to prevent births within the group;
o (e) Forcibly transferring children of the group to another group.
India Signed-1949 Ratified- 1959
Convention on the Rights of the Child: Passed by UNICEF, the Convention on the Rights of the Child is the first legally binding international instrument to incorporate the full range of human rights—civil, cultural, economic, political and social rights. The Convention generally defines a child as any human being under the age of eighteen.Nations that ratify this convention are bound to it by international law. Compliance is monitored by the United Nations Committee on the Rights of the Child, which is composed of members from countries around the world.The United Nations General Assembly adopted the Convention and opened it for signature in 1989 (the 30th anniversary of its Declaration of the Rights of the Child).It came into force in 1990. Two optional protocols were adopted on 25 May 2000. The First Optional Protocol restricts the involvement of children in military conflicts, and the Second Optional Protocol prohibits the sale of children, child prostitution and child pornography.
In India, there is no outright ban on child labour, and the practice is generally permitted in most industries except those deemed "hazardous". Although a law in October 2006 banned child labour in hotels, restaurants, and as domestic servants, there continues to be high demand for children as hired help in the home. Little is being done to address the problem since the economy is booming and the nuclear family is spreading, thereby increasing demand for child labourers. Under the auspices of the UNICEF financed “Udisha” initiative the Government of India is specifying the outline of a means of change and improvement in child care.There are severe restrictions on children in India on their rights to have a relationship with both parents, when they are separated/divorced, especially when laws to protect women & children (such as Domestic Violence Act, 2006 or Sec.498A of Indian Penal Code) are abused or misused by women.India: Ratified in 1992.
Declaration on the Right to Development:The right to development was subsequently proclaimed by the United Nations in 1986 in the "Declaration on the Right to Development". The Right to development is a group right of peoples as opposed to an individual right, and was reaffirmed by the 1993 Vienna Declaration and Programme of Action.The Rio Declaration on Environment and Development, also known as Rio Declaration, recognises the right to development as one of its 27 principles. Principle 3 of the Declaration states "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations."
Protection of Human Rights Act 1993
India is a party to the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights adopted by the General Assembly of the United Nations on 16th December, 1966.
Sec. 2 of the Protection of Human Rights Act, 1993 (‘Act’ for brevity) defines the term ‘human rights’ as the rights relating to-
o life;
o liberty;
o equality and
o dignity of the individual
Guaranteed under the Constitution or embodied in the international covenants on civil and political rights and international covenant on Economic, social and cultural rights adopted by the General Assembly of the United Nations on 16.12.1966 and enforceable by Courts in India. As such the Court is empowered to protect the human rights as mentioned above.
Sec. 3 of the Act provides that the Central Government shall constitute a body known as the ‘National Human Rights Commission’ to exercise the powers conferred upon and to perform the functions assigned to it under the Act. The said Commission is functioning at New Delhi.
Sec.21 of the Act provides that a state may constitute a body to be known as the (Name of the State) Human Rights Commission to exercise the powers conferred upon and to perform the functions assigned to a State Commissioner.
The Commission may on its own motion or on the basis of the petitions made to it on allegation of human rights violation by armed forces, seek a report from the Central Government. On receipt of the report, it may either not to proceed with the complaint or to proceed with the complaint as the case may be, make its recommendations to the Government.
Human Rights w.r.t. Women
Legal Rights:
Protection of Women from Domestic Violence Act 2005:Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women who are sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition.
Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994: This Act provides for the regulation of the use of prenatal diagnostic techniques for the purpose of detecting genetic or metabolic disorder or chromosomal abnormalities or certain congenital malformations or sex-linked disorders and for the prevention of the misuse of such techniques for the purpose of prenatal sex determination leading to female feticide: and for matters connected therewith or incidental thereto.
Immoral Traffic Prevention Act, 1986:In 1950 the Government of India ratified the International Convention for the Suppression of Immoral Traffic in Persons and the Exploitation of the Prostitution of others. In 1956 India passed the Suppression of Immoral Traffic in Women and Girls Act, 1956 (SITA). The act was further amended and changed in 1986, resulting in the Immoral Traffic Prevention Act also known as PITA. PITA only discusses trafficking in relation to prostitution and not in relation to other purposes of trafficking such as domestic work, child labour, organ harvesting, etc.In 2006, the Ministry of Women and Child Development proposed an amendment bill that has yet to be passed. The amendment does not really concern any of the provisions related to the child but has many important consequences for the right of women sex workers.
Indecent representation of women (prohibition) act 1986:An Act to prohibit indecent representation of women through advertisements or in publications, writings, paintings, figures or in any other manner and for matters connected therewith or incidental thereto.It extends to the whole of India, except the State of Jammu and Kashmir.
Medical Termination of Pregnancy, 1971: An Act to provide for the termination of certain pregnancies by registered Medical Practitioners and for matters connected therewith or incidental thereto. It extends to the whole of India except the State of Jammu and Kashmir.
The Dowry Prohibition (DP) Act 1961(Amended 1986):It extends to the whole of India except the State of Jammu and Kashmir.Introduced and taken up by then Indian law minister Ashoke Kumar Sen, this Act prohibits the request, payment or acceptance of a dowry, "as consideration for the marriage". where "dowry" is defined as a gift demanded or given as a precondition for a marriage. Gifts given without a precondition are not considered dowry, and are legal.
Maternity benefit act 1961: The object of maternity leave and benefit is to protect the dignity of motherhood by providing for the full and healthy maintenance of women and her child when she is not working. With the object of providing maternity leave and benefit to women employee the Maternity Benefit Bill was passed by both the Houses of Parliament and subsequently it received the assent of President on 12th December, 1961 to become an Act.
The Hindu Succession Act 1956: Females are granted ownership of all property acquired either before or after the signing of the Act, abolishing their “limited owner" status. However, it was not until the 2004 Amendment that daughters were allowed equal receipt of property as with sons. This invariably grants females property rights.
Hindu Marriage Act 1955:Its purpose was to regulate personal life among Hindus, especially their institution of marriage, its validity, conditions for in-validity, and applicability.It recognizes the modern offshoots of the Hindu religion (Jains, Buddhists) as specified in Article 44 of the Indian Constitution.
The Minimum Wages Act, 1948
The Child Marriage Restraint Act, 1929
Constitutional Rights:
Article 14: Equality before law
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 16: Equality of opportunity in matters of public employment
Article 21: Protection of life and personal liberty
Article 23: Prohibition of traffic in human beings and forced labour
Article 39 (a): Certain principles of policy to be followed by the State
Article 42: Provision for just and humane conditions of work and maternity relief
Article 51 A (e): imposes that duty of every citizen in India to renounce practices derogatory to the dignity of women.
CHILD Protection & Child Rights
Legal Rights:
The Right of Children to Free and Compulsory Education Act, 2009:Calls for free and compulsory education for all children between the ages of 6 and 14. It provides for equal opportunities of disabled children. It makes special provisions for children who are not admitted and are above age 6 to be admitted into their age appropriate class, after special training and provides that they be allowed to complete their elementary education even pass the age of 14. Any child also has the right to transfer to a school that provides education up to class VIII if it is not provided in the school she is currently enrolled in. Central and state governments share the responsibility both financial and other (such as development of curriculum, training of teachers, etc) required under this act.It is the responsibility of parents to send their children to school and the appropriate government (which is directly in charge of a school or area) to provide pre- primary (between ages 3-6) education and child care. A government school is required to provide free education to any child that seeks admission. Aided schools, private schools and special schools are required to provide free education to a minimum of 25% of its students especially those from disadvantaged sections of society. In return the government is responsible to reimburse private schools the cost per child that a public school incurs to help aid the free education provided by such schools. But if the private school has received any sort of concession or subsidy they are not entitled to such reimbursement. Schools are not allowed to charge capitation fees, screen the children for admission and even though they are allowed to ask for proof of age they may not deny admission on the basis of lack of proof. No school may hold back or expel a child before their completion of elementary education. There is a prohibition against physical punishment and mental harassment, which if broken is liable to disciplinary action. All schools must be registered or given a certificate of recognition by the appropriate government in order to function. This certificate will only be given or maintained if certain norms and standards are upheld. The government can levy charges up to one lakh against schools for continuing to function without a certificate. Teacher vacancies shall not exceed 10% of the total strength of teachers in a specific school.Under this section, no child will be subject to a board examination but will receive a certification on completion of elementary education.National and State Commissions for the Protection of Child Rights responsible for upholding the right to education specified in the act and other rights under section 4 of the Commissions for Protection of Child Rights Act, 2006.
Prohibition of Child Marriage Act, 2006: According to the act a child is a male who has not completed twenty one years of age and a female who has not completed eighteen years of age. Child marriage is a contract between any two people of which either one or both parties is a child. Child marriage that took place before or after this act can be made void by the person who was a child at the time of marriage. But the marriage must be voided before the person who was a child completes their second year of maturity.A court can decree that if it is the husband that is asking for a void of marriage than he or his family are responsible to pay for the maintenance of the girl until she is remarried.If a child was detained away from her/his parents or guardians, forced to go to a different place, sold into marriage, or made to marry after which they are used for immoral purposes or trafficked then that marriage is considered to be null and void.
Juvenile Justice (Care and Protection of Children) Act, 2000:This act protects not only the rights of children, but a person's rights when he/she was a child. Meaning that if a crime or an incident took place while the person was a child, and then during the proceeding the juvenile ceased to be of age the case would continue as if the juvenile has not turned eighteen yet.When a police officer comes in contact with a juvenile he must place the child with the Special Juvenile Police Unit (SJPU) who must report the child to the board without delay. Bail is available to juveniles in all cases as long as the Board find the release of this child will not place him in any danger or in the influence of criminals.Under this act juvenile cases cannot be processed with non-juvenile cases.
Child Labour (Prohibition and Regulation) Act 1986: The act defines a child as any person who has not completed his fourteenth year of age. Part II of the act prohibits children from working in any occupation listed in Part A of the Schedule; for example: Catering at railway establishments, construction work on the railway or anywhere near the tracks, plastics factories, automobile garages, etc. The act also prohibits children from working in places where certain processes are being undertaken, as listed in Part B of the Schedule; for example: beedi making, tanning, soap manufacture, brick kilns and roof tiles units, etc. These provisions do not apply to a workshop where the occupier is working with the help of his family or in a government recognised or aided school. The act calls for the establishment of a Child Labour Technical Advisory Committee (CLTAC) who is responsible for advising the government about additions to the Schedule lists.
Bonded Labour System (Abolition) Act, 1976:The Bonded Labour System (Abolition) Act 1976 talks of the illegality of slave or bonded labour with reference to both adults and children. In the following section is an outline of the law as it pertains to children below the age of 18.Victims of bonded labour are not liable to repay their debt, and any property that was taken from the bonded labourer is to be restored. All legal proceeding against bonded labourers for inability to replay their debt or abide by the bonded system is dismissed.
Factories Act, 1948 (as amended in 1987):The act defines a child as a person who has completed him/her 15th year of age. It defines an adolescent as one who is has completed his/her15th year of age but not completed his/her 18th year of age. A young person is defined as either a child or an adolescent.Young persons are not to be compelled to work dangerous machinery unless they have full prior knowledge of the danger, are trained and there is a supervisor present at all times who is fully trained in the machinery. Children are prohibited from working in any area where a cotton opener is functional. The act calls for a crèche service to be available to children below the age of six with the factory has a minimum of 30 women working there.Adolescents are only allowed to work in the factory between 6 a.m. and 7 p.m. unless the State Government decides otherwise. Children or adolescents who have not been deemed adults shall not be allowed to work in a factory for more than four and half hours in any day and can not work at night.
Infant Milk Substitutes, Feeding Bottles and Infant Foods:The purpose of the Infant Milk Substitutes, Feeding Bottles and Infant Foods Act 1992 and its 2003 amendment is to promote breast feeding of new born children and infants. It also looks to ensure that infant foods are regulated and used appropriately.
Pre-natal Diagnostic Techniques Act, 1994:The act prohibits the medical personnel from conducting or helping anyone conduct sex-selection. All medical equipment regarding pregnancies shall be sold only to registered clinics. All pre-natal diagnostic techniques are banned except for the detection of chromosomal abnormalities, genetic metabolic diseases, haemoglobinopathies, sex-linked genetic diseases, congenital anomalies, any other abnormalities or diseases as may be specified by the Central Supervisory Board.
Immoral Traffic Prevention Act, 1986:The act defines child as any person who has completed eighteen years of age.The first section of the act has provisions that outline the illegality of prostitution and the punishment for owning a brothel or a similar establishment, or for living of earnings of prostitution as is in the case of a pimp.
Guardians and Wards Act, 1890:It became the only non-religious universal law regarding the guardianship of a child, applicable to all of India except the state of Jammu and Kashmir. This law is particularly outlined for Muslims, Christians, Parsis and Jews as their personal laws don't allow for full adoption only guardianship. It applies to all children regardless of race or creed.
Hindu Adoption and Maintenance Act, 1956:Adoption is not permitted in according to the personal law of Muslims, Christians, Parsis and Jews in India. Hence they usually opt for guardianship of a child through the Guardians and Wards Act, 1890.This act applies to all Hindu, Buddhists, Sikhs and Jains by religion.
India Penal Code and Child related offenses:According to the sections 82 and 83 of the IPC a child who commits a crime and is below the age of seven is not considered to have committed a crime. A child who is between the ages of seven and twelve and is deemed to have immature understanding about the consequences of his/her actions is also considered incapable of committing a crime.Section 315 and 316 discusses the offence of foeticide and infanticide.Section 317 states that is it a crime against children, if their mother or father expose or leave a child in a place with the intention of abandonment.
Constitutional Rights:
The explicit Provisions dealing with the child welfare are:
Article 15(3): it empowers the state to make special provisions for children and women.
Article 24: it prohibits the employment to children in factories, etc.
Article 39(e) and (f): it obligates the state to safeguard the health of children and afford opportunities to grow with dignity.
Article 45: it provides for free and compulsory education for children.
The implicit Provisions dealing with child welfare:
Article 14: equality before law.
Article 23: prohibition of traffic in human beings and forced labour.
Article 38: it endeavours to secure a social order for the protection of welfare of the people.
Article 41: Right to work, to education and to public assistance in certain cases.
Article 42: provisions for just and humane conditions of work and maternity relief.
Article 46: Promotion of educational and economic interest of S.C, S.T, and other weaker sections.
Article 47: it obligates the state to raise the level of nutrition and the standard of living and to improve public health.
Labour rights
Legal Rights:
Laws related to Industrial Relations
The Trade Unions Act, 1926 The Trade Unions (Amendments) Act, 2001
The Industrial Employment (Standing Orders) Act, 1946
The Industrial Disputes Act, 1947
Laws related to Wages
The Payment of Wages Act, 1936 The Payment of Wages (AMENDMENT) Act, 2005
The Minimum Wages Act, 1948
The Working Journalist (Fixation of Rates of Wages) Act, 1958
The Payment of Bonus Act, 1965
Laws related to Working Hours, Conditions of Services and Employment
The Factories Act, 1948
The Dock Workers (Regulation of Employment) Act, 1948
The Plantation Labour Act, 1951
The Mines Act, 1952
The Merchant Shipping Act, 1958
The Motor Transport Workers Act, 1961
The Beedi & Cigar Workers (Conditions of Employment) Act, 1966
The Contract Labour (Regulation & Abolition) Act, 1970
Laws related to Equality and Empowerment of Women
The Maternity Benefit Act, 1961
The Equal Remuneration Act, 1976
Laws related to Deprived and Disadvantaged Sections of the Society
The Bonded Labour System (Abolition) Act, 1976
The Child Labour (Prohibition & Regulation) Act, 1986
The Children (Pledging of Labour) Act, 1933
Laws related to Labour Welfare
The Mica Mines Labour Welfare Fund Act, 1946
The Limestone & Dolomite Mines Labour Welfare Fund Act, 1972
The Beedi Workers Welfare Fund Act, 1976
The Beedi Workers Welfare Cess Act, 1976
The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Fund Act, 1976
The Iron Ore Mines, Manganese Ore Mines & Chrome Ore Mines Labour Welfare Cess Act, 1976
The Cine Workers Welfare Fund Act, 1981
The Cine Workers Welfare Cess Act, 1981
The Employment of Manual Scavengers and Construction of Dry latrines Prohibition Act, 1993
Constitutional Rights:
Articles 14, 19, 21, 23 and 24 form part of the Fundamental Rights guaranteed under Part III of the Constitution.
Articles 38, 39, 39-A, 41, 42, 43, 43-A and 47 form part of the Directive Principles of State Policy under Part IV of the Constitution.
References:
http://nhrc.nic.in/
http://www.childlineindia.org.in/Child-Related-Legislations.htm
chdslsa.gov.in/right_menu/act/pdf/PNDT.pdf
http://www.ohchr.org/EN/ProfessionalInterest/Pages/InternationalLaw.aspx
http://en.wikipedia.org/wiki/Human_rights_in_India
Name: Eswar Prasad Choudhury
No comments:
Post a Comment