HUMAN RIGHTS & ENFORCEMENT SYSTEM OF HUMAN RIGHTS IN INDIA

Introduction:-

 

In present scenario, the deprival from Life & Personal Liberty of human is very common, in spite of the existence of Enforcement system of human rights in India but it can not be denied from that the human rights are also protected & preserved in India, subjecting to the exceptions. Human rights are available individually for all by birth inherently beyond all kinds of biases & discriminations which can not be taken away or abridged by any act of Legislature. If any kind of laws is inconsistent & in derogation of fundamental rights as human rights shall be void or abinitio void as the case may be. Human rights are having the widest & universal nature which also is known as-natural rights, basic rights, inalienable, indispensible, interrelated, interdependent, indivisible fundamental rights. The human rights have the most specific, significant & historic place in human life which are considered as Supreme Law with universality. Human rights have originated from the Natural Law. The history of human rights & its enforcement system is as old as the development & civilization of human being. The human rights are not only essential & compulsory but also mandatory for ensuring the existence of human & human life because the life of human being is not possible without human rights at all. The human rights are playing the vital role as a major foundation of human life. Human rights are parents of all the rights so all the rights are children of human rights. Human Rights Law is one of main sources of all laws. All the Laws are subject to the Human Rights. Human rights are as necessary as the breathes & soul for human body without the same, human body & life is worthless and non-existent; just as oxygen is mandatory for human body & life in the same way human rights.“Human Rights mean the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution of India or embodied in the International Covenants and enforceable by Courts in India.” In this regard, there are mainly two kinds of human rights-1. Civil and Political Rights (The Civil Rights are related to the protection of Right to Life and Personal Liberty. The Political Rights, the rights which allow the persons to participate in the Government.) 2. Social, Economic &Cultural Rights (The Rights are related to the guarantee of minimum necessities of the life to human beings). The Law relating to Human Rights as ‘Fundamental rights’ has been incorporated under Part-III, articles 12 to 35 which are enforceable or justiciable and Part-IV, articles 36 to 51 as ‘Directive Principles of State Policy’ namely ‘The Duties of the States’ which is not enforceable or justiciable before Court of Law. It is necessary to contain here that the Rights are not complete without duties so fundamental duties (The Duties of Citizens of India) have been incorporated Part-IVA Articles- 51-A(a) to 51- A(k) of the Constitution of India which are not also enforceable or justiciable by the court under the Constitution of India. In this connection, the Fundamental Rights and Human Rights appear the same and equal but there is a difference between the Fundamental Rights and Human Rights which is as under concisely:- All human rights are not Fundamental Rights but all Fundamental Rights can be considered as human rights. Human Rights are having the widest nature as compared to the Fundamental Rights. Human Rights are universal but the Fundamental Rights may not be universal but the Fundamental Rights and Human Rights both are subject to reasonable restrictions provided that the same cannot be taken away & abridged by any act of Legislature. Further in this respect, the Protection of Human Rights Act 1993 was enacted by Parliament of India which has been enforced on 28 September, 1993; this act provides the constitution of the National Human Rights Commission, State Human Rights Commissions in States and Human Rights Courts for better protection of Human Rights and other required matters. It is relevant to place over here that Human Rights Law is one of subjects or branches of International Law. The terms ‘Human Rights, authoritatively have been found in U.N. Charter subsequently the Universal Declaration of Human Rights 1948 was adopted by UNO on December 10, 1948 which known as the “International or World Human Rights Day” which is also considered in India. The Universal Declaration of Human Rights is one of major foundations or sources of Human Rights & its Law at International level therefore in furtherance of the same; the main two International Covenants have been adopted by UNO as an extension or explanation of the heretofore placed declaration namely- International Covenant on Civil and Political Rights 1966 which was enforced on 23 March, 1976, International Covenant on Social, Economic and Cultural Rights 1966 which was enforced on 03 January, 1976The both Covenants have been ratified on ‘10 April, 1979’ in India and other international instruments & protocols also are available regarding human rights. Human rights are also as backbone and panacea for all. Human rights must be accessed for all in Rule of Law but the concept of human rights is meaningless, worthless, non-significant and non-existent without its Enforcement system. The rights & duties function simultaneously so both the same can not function independently & separately because the rights & duties are the complement with each other consequently the separation of rights & duties is not possible in any case.

 

In this regard, it is rightly said that rights & duties are twins of a womb of the same mother. As the rights are incomplete without remedies in the same way human rights are incomplete without its Enforcement system. The Enforcement system of human rights has got the greatest importance for the implementation of human rights. “Implementation is the process of putting a decision or plan into effect; execution. The Implementation is a procedure by which all the things are provided to all members of human family on the name of human rights or its law which are compulsory and essential for life, personal liberty & security of human & their property to ensure or make ensure existence or keep ensuring or keep making ensure existence of human life by a competent court or officer or authority which is having power to enforce or implement or make enforce or implement the law relating to human rights according to requirements, time & circumstances.”

 

The human rights are enforced or implemented by the Enforcement system. The existence of human rights is absolutely failed without its Enforcement system. With respect to this, Dr. Bhim Rao Ambedkar who is called as an architect of the Constitution of India said that Article 32 is the soul and spirit of the Constitution of India without it, the whole Constitution shall be void accordingly the success of human rights depends on its enforcement system. Now a main question arises that what is the Enforcement system-“Enforcement system means a compelling procedure with the compliance of Law, organizing something with a specific way or method to do something or not to do on the basis of principles or processes. The body or institution or officer or authority or agency or person or any other similar things which are having the power or authority to compel someone with a systematic way or method to do something or not to do on the basis of Law; keeping in view of consequences of the same that is the Enforcement system. The Enforcement system includes courts, tribunals, commissions and other required systems.” In the regard, the extension of the compelling procedure or power matters a lot for the enforcement of human rights.

 

                                                                      There are two kinds of Enforcement system of human rights- the first is- Direct Enforcement system which includes the Supreme Court of India (Under Article-32) , High Court (Under Article-226) , The National Human Rights Commission (Under Section-03) & The State Human Rights Commissions (Under Section-21) , and Indirect Enforcement system which covers under the relevant & various Laws as- Human Rights Courts (Under Section-30) & others also but this research is confined to the Direct Enforcement system only. The important, major & relevant provisions with respect to Enforcement system of human rights by which implementation is done or make do are as follows: - Everyone is having the right to recognition everywhere as a person before the law. All are equal before the law and are entitled without any discrimination for the equal protection of the laws. All are have the entitlement for the equal protection against any discrimination or distinction in violation of this Declaration and against any incitement to such discrimination. Everyone is having the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the Constitution or by law. Everyone has entitlement in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him , Part-IV articles 28 to 45 (Human Rights Committee) of the International Covenant on Civil and Political Rights 1966, under the Constitution of India are as-: articles 32, 226, 227, 136, 137, 139 and the Protection of Human Rights Act 1993. In today’s context Human Rights are being violated most seriously & heinously, openly or broad day light; the persons also are being deprived from their life & personal liberty which has become very common in India, the same is extremely against human and humanity. The conditions of Human Rights & its Law are very miserable and the worst in India, in spite of the existence of its Enforcement System.

 

The population of India is 121 crore approximately. Transgender population was counted in population census in India for first time in 2011.The official counting of the third gender in India is 4.9 Lac. As per census 2011, India stands second, the largest country in the world after China. In this regard, it is pertaining to mention over here that there are 01 Supreme Court (For Whole India), 24 +1 =25 (Telangana newly & separately established High Court from the Andhra Pradesh) High Courts for 29 States & 07 Union Territories of India, 01 National Human Rights Commission (For Whole India), 25+1 (Jointly Andhra Pradesh & Telangana)= 26 State Human Rights Commissions (Out of 29 States & 07 Union Territories of India) are in existence for the protection, promotion and preservation of human rights in India.