One may begin by asking, why have human rights become so significant in today’s world? What do human rights mean at the ground level?
In earlier times, societies bound themselves to codes of ethical behavior based largely on their religious scriptures. Most countries were “confessional” or theocratic states.
But as societies grow increasingly pluralistic and secularized, it became vital to find a basis for the ethical treatment of both individuals and groups which is acceptable to all.
The dignity of the human person is one such basis.
The place of human rights today
Human rights therefore have taken their place today as the foundation for the “right treatment” of all human beings, irrespective of gender, religion, race, or class.
There’s another reason for this: human rights are the practical implementation of all that democracy stands for.
When we think of democracy, we usually think of free elections, something entirely political.
But beyond the narrowly political, societies are also judged on their socio-economic values, on the religious space they offer, and on the opportunities for material and spiritual growth given to their members solely because they are fellow human beings.
Some years ago, Amnesty International articulated five key values as forming the structure of every democracy. These values undergird the relations of citizens among themselves, and their interaction with their governments.
In many instances, these values are as yet ideals, but the more they are implemented, the more harmonious a society becomes.
Here they are, then, in an abbreviated form:
- Protecting the citizen’s rights to freedom of expression and privacy
In India, a law enacted in colonial times as a repressive measure has continued on the law books to this day. Section 124/A (sedition) and Section 499 (criminal defamation) of the Indian Penal Code, and other provisions unduly restrict the right to freedom of expression.
These laws have no place in a free society, but the fact that they continue to be exercised only shows us how easily democratic societies turn manipulative and autocratic.
We need to ensure that law enforcement authorities uphold their duty to protect all “whistle-blowers” — journalists, artists, activists, and others who face threats, harassment, or violence for their speech or writings.
- Curbing discrimination and violence based on gender, gender identity, or sexual orientation
In many ways, sex is the last frontier of oppression and control. Most societies assiduously practice freedom in matters of politics, economics, and social identity, but adamantly control sexual behavior and gender identities.
In many of these matters, India is still backward: marital rape needs to be criminalized. This means that wives who are forced by their legitimate spouses to submit to sex ‘against their will’ — rape, in other words — will now be protected. (Sec. 375 of the IPC)
Similarly, a transgender person’s right to self-identification must be recognized, and the Transgender Persons (Protection of Rights) Bill, 2018, must be revised.
In so many areas, India is weak in implementing laws and policies which prevent forms of gender-based violence. This includes online violence and abuse, cyber-porn, and sexual harassment in workplaces.
This means that the government should provide specialized training to all those working in the criminal justice system, to ensure that all investigations, prosecutions, and treatment of survivors of gender-based violence, have their rights and dignity respected and protected. It’s an immense challenge!
- Ensuring justice for Dalits, Adivasis, and religious minorities who have faced human rights abuses
Bring to justice all those responsible for human rights abuses — and this means political leaders, police, and government officials — during past incidents of mass violence against marginalized communities and religious minorities.
We include here various mass crimes against Dalits and Adivasis in several states, the anti-Muslim violence of 2002 in Gujarat, the anti-Christian violence in Kandhamal (Orissa) in 2008, and the anti-Sikh killings of 1984 in north India.
- Improving the functioning of the criminal justice system, and ending the use of the death penalty
The justice system is where wrongs are redressed, and in India, despite much posturing, the whole legal system is decrepit and largely ineffective.
It has often been said that in India, the police are the most organized group of law-breakers. This is not just a reflection of their poor training, but also of the way their political masters have thoroughly corrupted the system.
For this, we need to establish a comprehensive and well-resourced ‘protection mechanism for victims and witnesses,’ especially during investigations and trials. This has long been recommended, but its implementation lags.
Then we need to enact a law against torture and other ill-treatment in custody and bring India in line with the UN convention against torture.
Restrict the imposition of the death penalty to the “most serious crimes” as those which involve intentional killing, as a first step towards full abolition. Similarly, more judges are needed to fill vacancies in high and lower courts and to reduce the length of criminal trials.
- Building a culture of respect for human rights in India, and rejecting all public decisions based on caste, class, and religious sentiment
To live and work in a climate of mutual respect and fair play towards all, we need to ensure that policies promote equality, dignity, respect, and participation.
For this, both private and public schools must institutionalize human rights education into school curricula, co-curricular activities, school policies, and everyday practices.
Even more, public media programs and TV entertainment channels should promote a culture of respect and tolerance.
India has a long and arduous way to go from being a nominal or an “electoral democracy” to becoming a “substantive democracy.”
In other words, it’s not just a matter of electing representatives to public office, but of seeing that the common people, the voters, are respected and that they enjoy what it takes to live a fulfilled life, individually and socially.
And for this objective, the role of human rights cannot be stressed enough. As the French writer, Victor Hugo once said, “Nothing is more powerful than an idea whose time has come.”
For human rights, that time is now.
source : uca news