Rights We Champion

The United Nations adopted the Universal Declaration of Human Rights on 10 December 1948, which proclaims that all human beings are born free and have equal rights to dignity. Similarly, the Indian Constitution guarantees several rights, such as the right to equality in Article 14 and the right to life and personal liberty under Article 21 of the Constitution, to all its citizens irrespective of gender.

Gender equality means a society wherein both women and men enjoy the same opportunities, rights, and obligations in different spheres of life. Equality in decision-making, economic and social freedom, equal access to education, and the right to practice an occupation of one’s choice. To promote gender equality, we need to empower women and concentrate on areas that are most crucial to their well-being. Women’s empowerment, economic, social, and political, is vital to the growth of any nation and to protecting and nurturing human rights.

Constitutional rights available to women in India:

• Article 14: The fundamental right to equality before the law, that is, equal protection of laws in India.
• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. However, Article 15(3) empowers the state to make any special provision for women and children.
• Article 16: Equality of opportunity in matters of public employment or opportunity to any office under state and prohibits discrimination on grounds of sex.
• Article 19: Freedom of speech and expression and freedom to practice any profession or to carry out any occupation, trade or business.
• Article 21: Protection of life and personal liberty.
• Article 21: Right to Privacy.
• Article 300-A: Right to property.
• Political rights: Women reservation in for instance, panchayats. Art 15 of the Constitution allows special provisions for women and children to be made for their welfare.

Under the Legal Services Authorities Act, women and children are entitled to free legal aid.

Under the Constitution of India, the Directive Principles of State Policy contain duties of the state to apply these principles while making laws. These principles state that the state shall direct its policies to ensure that citizens, men, and women equally have the right to an adequate means of livelihood; that there is equal pay for both men and women, and that there is free and compulsory education for children and a duty to improve public health. Whereas in the case of violation of fundamental rights, these rights are enforceable; that is, a victim can seek legal redress through a court of law; the directive principles are only a guiding factor, and its nonobservance is not actionable before a court of law.

10 Legal Rights Every Woman Must Know

Knowing the times that we are in, we give you, yet again, an overview of some important legal rights for women that everyone must be aware of.

They are abandoned. They do not get a chance to step into a school. They are left to fend for themselves on the streets. They suffer from many forms of violence. They do not have access to even primary healthcare. They are subjected to cruel treatment every day. They are children—innocent, young, and beautiful—who are deprived of their rights.

In the history of human rights, the rights of children are the most ratified. The United Nations Convention on the Rights of the Child (UNCRC) defines child rights as the minimum entitlements and freedoms that should be afforded to every citizen below the age of 18 regardless of race or nationality. Every person has dignity and value. One of the ways that we recognize the fundamental worth of every person is by acknowledging and respecting their human rights.

Human rights are a set of principles concerned with equality and fairness. They recognize our freedom to make choices about our lives and to develop our potential as human beings. They are about living a life free from fear, harassment, or discrimination.

Human rights can broadly be defined as several basic rights that people from around the world have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the right to health, education, and an adequate standard of living.

These human rights are the same for all people everywhere—men and women, young and old, rich and poor, regardless of our background, where we live, what we think, or what we believe. This is what makes human rights ‘universal.’ Origin, color, gender, language, religion, opinions, origin, wealth, birth status, disability, or other characteristics. These rights encompass the freedom of children and their civil rights, family environment, necessary healthcare and welfare, education, leisure and cultural activities, and special protection measures.

The UNCRC outlines fundamental human rights afforded to children in four broad classifications:

IMPACT OF THE CONVENTION OF THE CHILD RIGHTS

A milestone in international human rights legislation, the Convention on the Rights of the Child has been instrumental in putting all the issues about children's issues on the global as well as national agenda. In addition to this, it has extensively mobilized actions for the realization of the rights and development of children worldwide.

It was not an overnight initiative that resulted in the adoption of child rights. It took several years of movements and activism to shape favorable, positive, and constructive attitudes toward children and also incite actions to improve their well-being. The enormous efforts involved in the implementation of the Convention, the significant amount of resources committed to this cause, and the overall effectiveness of the systems put in place for the execution process have a bearing on the success of child well-being outcomes.

Over the last 20 or so years, implementation of the Convention and its effect on child well-being varied from country to country and from one region of the world to the other. Based on analysis, there has been outstanding progress at a global level in addressing the issues related to children. These include progress in access to services, reaching their fullest potential through education, enactment of laws that uphold the principle of the best interests of the child, and child survival.

Though noteworthy progress has been achieved, in developing countries, particularly India, there is still a long way to go in realizing the rights of children. Though all the relevant rules and policies are in place, there is a lack of enforcement initiatives. As barriers, several factors forbid the effective implementation of the laws. Due to relatively low success in achieving concrete child development outcomes in India, the condition of underprivileged kids and underprivileged youth is harsh and needs urgent attention. There is a need to intensify efforts for children's welfare at all levels to implement the rules and provisions of the Convention and contribute to creating a world suitable for children.

CHILD RIGHTS AND THE WORLD

People from across the world striving for social justice have often directed their efforts toward the most vulnerable in society—the children. From Princess Diana’s charitable work on behalf of children to the efforts of activists like Grace Abbott and the youngest Nobel laureate in history—Ms. Malala Yousafzai, these famous children’s rights activist have put commendable efforts into helping improve the lives of the youngest citizens.

2014 Nobel Peace Prize awardees Ms. Malala Yousafzai and Mr. Kailash Satyarthi have reminded us all of the need to keep on advancing in providing opportunities that has an important effect on all children. The opportunities are meant to be meaningful enough to allow them to learn and gain the mindsets and skills that would empower them to be free and develop themselves, their communities and the world.

Mr. Kailash Satyarthi’s struggle to liberate children from child labor had cost him many life threats, including bullet wounds by those who exploit young boys and girls for economic gain. Wearing flak jackets and armed with strong determination, he and his team raided many illegal factories and mines to rescue the children who were sold into servitude. It has been 30 years now since he started his movement. A movement that has one clear purpose—no child shall be a slave.

On the other hand, when one thinks of Ms. Malala Yousafzai, the first thing that pops into one’s mind is education. The second is education for girls. In 2009, when she was just 11, she wrote to the BBC about the norm of banning female education under the Taliban regime in the Swat Valley (her hometown). Her article gained tremendous momentum worldwide. She started her fight for the education of girls at that small age and began to speak publicly and to the press, which caused her and her family to receive constant death threats.

About RTI

The Right to Information Act 2005 mandates a timely response to citizen requests for government information. It is an initiative taken by the Department of Personnel and Training, Ministry of Personnel, Public Grievances and Pensions, to provide RTI Portal Gateway to the citizens for a quick search of information on the details of first appellate authorities, PIOs, etc., amongst others, besides access to RTI-related information/disclosures published on the web by various public authorities under the government of India as well as the state governments.

Summary of RTI Act 2005

An Act to provide for setting out the practical regime of the right to information for citizens to secure access to information under the control of public authorities to promote transparency and accountability in the working of every public authority, the constitution of a Central Information Commission and State Information Commissions and for matters connected therewith or incidental thereto.

About Disability Rights

The government has proposed 108 amendments to the Persons with Disabilities Act, the overarching disability legislation in India. Disabled rights groups are demanding a new law instead that would guarantee civil and political rights to disabled people and expand the definition of disability.

The Ministry of Social Justice and Empowerment of the Government of India has been holding national consultative meetings on proposed amendments to the Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Act (PWD Act). Meetings have been held in Delhi, Guwahati and most recently in Kolkata on March 13, 2010. The debate centres on whether there should be amendments to the existing law, or whether there should be a new law.

The Persons with Disabilities Equal Opportunities, Protection of Rights and Full Participation Act, (PWD Act) of 1995 had heralded a new dawn in the lives of disabled people in India. For the first time in the history of independent India, a separate law had been formulated which talked about the multiple needs of disabled people. Very soon, though, activists as well as disabled people felt that the law had too many loopholes. However, this Act did help disabled people to come together, forming groups as they started making demands to implement this law.

To the delight of disability groups, India ratified the UN Convention on the Rights of Persons with Disabilities (Disability Convention) in October 2007. This Convention marks a formal shift from the archaic medical model to the social model, and promotes the rights of people living with disabilities. Article 1 encapsulates the overall objective of the Convention which is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.”

The Convention recognises that persons with disability are right-holders instead of passive recipients of government schemes. In contrast, the PWD Act has a different foundation. The PWD Act was enacted in order to implement the Proclamation on the Full Participation and Equality of People with Disabilities, an instrument that did not expressly recognise rights, but laid emphasis on the need to eliminate physical and social barriers so as to promote the participation of people living with disabilities. The PWD Act, thus, does not internalise any of the core principles that form the bedrock of the Disability Convention.

Differences between the Convention & PWD Act

Purpose

It is clear from the objectives of the Convention that civil and political rights and economic, social, and cultural rights stand on the same footing and that the state must make efforts to realise both. The PWD Act barely provides for civil and political rights and the amendments proposed by the MOSJE, too, neglect these rights.

Construction of disability

The PWD Act adopts a narrow definition of disability and confines it to “blindness; low vision; leprosy-cured; hearing impairment; locomotor disability; mental retardation; and mental illness”. As opposed to this, the Disability Convention recognises that “disability is an evolving concept” and avoids listing specific conditions and severities and broadly casts “persons with disabilities” to “include 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.”

Foundational principles (Article 3)

The core human rights principles stated in Article 3 of the Disability Convention are respect for inherent dignity and individual autonomy; non-discrimination, full and effective participation and inclusion; respect for difference; equality of opportunity; accessibility, gender equality; respect for the evolving capacity of children with disabilities and their right to preserve their identities.” These general principles have been well etched in several provisions of the Convention.

The amendments proposed by the MOSJE merely replicate Article 3 without incorporating the provisions which further the principles such as those relating to civil and political rights, rights of women and girls with disabilities, and several other rights stated below.

Extent of application (Article 4(1)(e))

The Disability Convention requires the state to address discrimination on the basis of disability even in the private sector. The amendments proposed to the chapter on discrimination fail to expressly prohibit discrimination on the basis of disability or spell out the consequences for the same.

Recognised Rights

The Disability Convention expressly recognises the following rights:

While most of the above rights can be gleaned from the Indian Constitution, a glance at the existing PWD Act shows that it can hardly be termed a rights-based legislation. It recognises only the right to education, provides for reservations in employment and for half-hearted measures to reduce physical barriers. It also prohibits establishments from discriminating against an employee because of his/her disability.

These abovementioned rights must be codified in the form of a statute that is more likely to be invoked by people living with disabilities and can also be used to ensure that the state fulfils its obligations towards each of the rights. The amendments proposed by the MOSJE fail to provide for a majority of civil and political rights such as the right to recognition before law, right to privacy, right to marry, right against torture etc. Discrimination has been addressed only in transport and in-built environment. Clause 46A (2) of the proposed amendments leaves it to the government to frame ‘policies’ to ensure equal access to education, health, employment and other public services. It fails to expressly prohibit discrimination on the basis of disability.

Further, the rights that appear in the PWD Act do not measure up to the standards set out in the Convention. For instance, Sections 44-46 of the PWD Act require establishments and the government to take “special measures” to enable people with disabilities to gain better access to public transport, buildings, and roads. However, such measures could be undertaken only if it were “within the limits of their economic capacity”. A mere deletion of these words without fleshing out how rights may be realised will be unfruitful.

Without a strong implementation mechanism, the few rights that have been added on will be deprived of meaning. For instance, the Act empowers the Disability Commissioner to “recommend” necessary action to appropriate authorities in order to address “deprivation of rights”. This recommendation is of no binding value and the authority can reject it thus rendering the office of the Commissioner toothless as before.

Conclusion

The PWD Act will require a complete overhaul. The Act must be recast to comprehensively provide for all the rights recognised under the Convention. In a letter to the minister of social justice and empowerment, the Disability Rights Group has said that the amendments proposed by the ministry do not mirror the rights-based framework of the Convention. In the past, the Juvenile Justice Act, 1986, was re-enacted in the form of the Juvenile Justice (Care and Protection of Children) Act, 2000 to give effect to India’s obligation under the UN Convention on the Rights of the Child.

Involvement of stakeholders is inherent in a rights-based approach and their exclusion will be discordant with the soul and spirit of the Disability Convention. The form that the harmonisation should take must be thoroughly discussed and debated in consultation with various stakeholders and the government cannot afford to take the decision unilaterally.

What Are Right to Freedom

The right to freedom is one of the most important fundamental right that have been granted to us by the founders of Indian Constitution. This right allow every citizen of India to be free from the ancient form of slavery. This fundamental right is described in the constitution as:

All citizens shall have the right-

Exceptions & Restrictions

International Efforts

The question of ageing was first debated at the United Nations in 1948 at the initiative of Argentina. The issue was again raised by Malta in 1969. In 1971 the General Assembly asked the Secretary-General to prepare a comprehensive report on the elderly and to suggest guideline for the national and international action. In 1978, Assembly decided to hold a World Conference on the Ageing. Accordingly, the World Assembly on Ageing was held in Vienna from July 26 to August 6, 1982 wherein an International Plan of Action on Ageing was adopted. The overall goal of the Plan was to strengthen the ability of individual countries to deal effectively with the ageing in their population, keeping in mind the special concerns and needs of the elderly. The Plan attempted to promote understanding of the social, economic and cultural implications of ageing and of related humanitarian and developed issues. The International Plan of Action on Ageing was adopted by the General Assembly in 1982 and the Assembly in subsequent years called on governments to continue to implement its principles and recommendations. The Assembly urged the Secretary-General to continue his efforts to ensure that follow-up action to the Plan is carried out effectively.

• In 1992, the U.N.General Assembly adopted the proclamation to observe the year 1999 as he International Year of the Older Persons.
• The U.N.General Assembly has declared “Ist October” as the International Day for the Elderly, later rechristened as the International Day of the Older Persons.

The U.N.General Assembly on December 16, 1991 adopted 18 principles which are organized into 5 clusters, namely-independence, participation, care, self-fulfillment, and dignity of the older persons. These principles provide a broad framework for action on ageing. Some of the Principles are as follows:

National Efforts

(I) Constitutional Protection:

Art. 41 : Right to work, to education and to public assistance in certain cases: The State shall, within the limits of economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.

Art. 46 : Promotion of educational and economic interests of ……. and other weaker sections: The State shall promote with special care the educational and economic interests of the weaker sections of the people…..and shall protect them from social injustice and all forms of exploitation.

However, these provision are included in the Chapter IV i.e., Directive Principles of the Indian Constitution. The Directive Principles, as stated in Article 37, are not enforceable by any court of law. But Directive Principles impose positive obligations on the state, i.e., what it should do. The Directive Principles have been declared to be fundamental in the governance of the country and the state has been placed under an obligation to apply them in making laws. The courts however cannot enforce a Directive Principle as it does not create any justiciable right in favour of any individual. It is most unfortunate that state has not made even a single Act which are directly related to the elderly persons.

(II) Legal Protections:

Under Personal Laws: The moral duty to maintain parents is recognized by all people. However, so far as law is concerned, the position and extent of such liability varies from community to community.

(III) Under The Code of Criminal Procedure:

Prior to 1973, there was no provision for maintenance of parents under the code. The provision, however, was introduced for the first time in Sec. 125 of the Code of Criminal Procedure in 1973. It is essential that the parent establishes that the other party has sufficient means and has neglected or refused to maintain his, i.e., the parent, who is unable to maintain himself. It is important to note that Cr.P.C 1973, is a secular law and governs persons belonging to all religions and communities. Daughters, including married daughters, also have a duty to maintain their parents.

(IV) Governmental Protections:

Need For A Change In Approach

In the older times, after the completion of 50 years of life, one had to detach oneself from the responsibilities of a ‘Grihastha’ and switch over to the third stage of human life which was known as ‘Vanpristha’ which referred to the devotion of the next 25 years of life by the ‘Vanpristhi’ by mana, vachana and karma to the selfless service of the suffering humanity and the larger society in return to the services received form society during the first 50 years of life.

Certain strategies and approaches at different levels of policy making, planning and programming etc. will have to be adopted in order to harness this vast human resource for promoting the involvement and participation of senior citizens in socio-economic development process on a much larger scale. The society and the state in India need to accept the challenge of their effectively focusing their attention on the following twin issues of:

(i) How to provide a fair-deal to the senior citizens so that they are able to peacefully, constructively and satisfactorily pass their lives; and
(ii) How to utilize the vast treasure of knowledge and rich life experience of the older people so that they are able to utilize their remaining energies and contribute to the all round development of their nation.

Palliative Care: Need of the hour

According to a pilot survey, 70% of city’s elderly population is undergoing some kind of medication. The average spending per day ranges between Rs. 3 to 200. However, nearly half of the money goes waste. The reason is absence of proper palliative care in the country. World Health Organization has marked October 7 as a day to create awareness about the importance and need for hospice and palliative care. “Access to the best quality care, while facing terminal illness is a human right. Ironically, many people in the world are denied this right. The bitter side is that government in many countries does not even realize the important of this right” said geriatric physician Dr. Abhishek Shukla.

The Maintenance and Welfare of Parents and Senior Citizens Bill, 2007

THE ACT WILL be enforced by the State government concerned. The date on which the Act will come into force will be notified by the State government concerned in the Official Gazette. Under Clause 5(1) of the Bill, a senior citizen or a parent may apply for maintenance under Clause 4 of the bill. (A senior citizen is an Indian citizen who is at least 60 years old. A parent could be father or mother, whether biological, adoptive or step father or step mother, whether or not the father or the mother is a senior citizen).

VIOLENCE AGAINST WOMEN (A LITERATURE REVIEW)

Violence against women is partly a result of gender relations that assumes men to be superior to women. Given the subordinate status of women, much of gender violence is considered normal and enjoys social sanction. Manifestations of violence include physical aggression, such as blows of varying intensity, burns, attempted hanging, sexual abuse and rape, psychological violence through insults, humiliation, coercion, blackmail, economic or emotional threats, and control over speech and actions. In extreme, but not unknown cases, death is the result. (Adriana, 1996) These expressions of violence take place in a man-woman relationship within the family, state and society. Usually, domestic aggression towards women and girls, due to various reasons remain hidden.

Definitions and Perspectives

Violence against women has been clearly defined as a form of discrimination in numerous documents. The World Human Rights Conference in Vienna, first recognised gender-based violence as a human rights violation in 1993. In the same year, United Nations declaration, 1993, defined violence against women as "any act of gender-based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to a woman, including threats of such acts, coercion or arbitrary deprivations of liberty, whether occurring in public or private life". (Cited by Gomez, 1996)

Radhika Coomaraswamy identifies different kinds of violence against women, in the United Nation's special report, 1995, on Violence Against Women:

Coomaraswamy (1992) points out that women are vulnerable to various forms of violent treatment for several reasons, all based on gender:

1. Because of being female, a woman is subject to rape, female circumcision/genital mutilation, female infanticide and sex related crimes. This reason relates to society's construction of female sexuality and its role in social hierarchy.
2. Because of her relationship to a man, a woman is vulnerable to domestic violence, dowry murder, sati. This reason relates to society's concept of a woman as a property and dependent of the male protector, father, husband, son, etc.
3. Because of the social group to which she belongs, in times of war, riots. Or ethnic, caste, or class violence, a woman may be raped and brutalised as a means of humiliating the community to which she belongs. This also relates to male perception of female sexuality and women as the property of men.

Contexts and Categories of Violence

Combining these types of abuse with the concept of hierarchical gender relations, a useful way to view gender violence is by identifying where the violence towards women occurs. Essentially, violence happens in three contexts - the family, the community and the state and at each point key social institutions fulfil critical and interactive functions in defining legitimating and maintaining the violence.

Broader Definitions

The Fourth Conference of Women, 1995 has defined violence against women as a physical act of aggression of one individual or group against another or others. Violence against women is any act of gender-based violence which result in, physical, sexual or arbitrary deprivation of liberty in public or private life and violation of human rights of women in violation of human rights of women in situations of armed conflicts.

Violence is an act carried out with the intention or perceived intention of physically hurting another person (Gelles and Straus, 1979). Gender Violence is defined as "any act involving use of force or coercion with an intent of perpetuating promoting hierarchical gender relations". (APWLD, 1990, Schuler, 1992) Adding gender dimension to that definition amplifies it to include violent acts perpetrated on women because they are women. With this addition, the definition is no longer simple or obvious. Understanding the phenomenon of gender violence requires an analysis of the patterns of violence directed towards women and the underlying mechanisms that permit the emergence and perpetuation of these patterns.

Liz Kelly (1998), Surviving Sexual Polity has defined violence as "any physical, visual, verbal or sexual act that is experienced by the woman or girl at the time or later as a threat, invasion or assault, that has the effect of hurting her or degrading her and/or takes away her ability to contest an intimate contact".

What Are Human Rights?

Human rights are commonly understood as "inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal (applicable everywhere) and egalitarian (the same for everyone). These rights may exist as natural rights or as legal rights, in both national and international law. The doctrine of human rights in international practice, within international law, global and regional institutions, in the policies of states and in the activities of non-governmental organizations, has been a cornerstone of public policy around the world.

History of Concept

The modern sense of human rights can be traced to Renaissance Europe and the Protestant Reformation, alongside the disappearance of the feudal authoritarianism and religious conservativism that dominated the Middle Ages. Human rights were defined as a result of European scholars attempting to form a "secularized version of Judeo-Christian ethics". Although ideas of rights and liberty have existed in some form for much of human history, they do not resemble the modern conception of human rights.

International Protection

In the aftermath of the atrocities of World War II, there was increased concern for the social and legal protection of human rights as fundamental freedoms. Since then, international human rights law has been characterized by a linked system of conventions, treaties, organisations, and political bodies.

Core International Treaties

In 1966, the ICCPR and ICESCR were adopted, making the rights contained in the UDHR binding on all states that signed. Other significant treaties include:

The United Nations System

Regional Human Rights Regimes

International human rights regimes are in several cases "nested" within more comprehensive regional agreements. Three principle regional human rights instruments are the African Charter on Human and Peoples' Rights, the American Convention on Human Rights, and the European Convention on Human Rights.

In India, wage payment is governed primarily by the Minimum Wages Act, 1948 and the Payment of Wages Act, 1936, which mandate timely payment of minimum wages and prevent illegal deductions. Employers who violate these laws can face imprisonment, fines, or compensation to affected employees. Enforcement is carried out by state and central labor authorities who conduct inspections, and non-compliance can lead to legal action, including lawsuits and suspension of licenses.

How These Acts are Used

Regulations for Employers

The Right to Education (RTE) Act, 2009, grants free and compulsory education to children aged 6 to 14 in India, mandating a zero-tolerance policy for physical punishment and mental harassment. The usage aspect focuses on ensuring universal access to elementary education, prohibiting capitation fees, enforcing 25% reservation for disadvantaged children in private schools, and improving infrastructure and teacher standards. For violations, Section 17(2) states that anyone contravening the ban on physical punishment and mental harassment is liable for disciplinary action under the service rules applicable to them.

How the RTE Act is Used

The Environment (Protection) Act, 1986, is a landmark Indian legislation enacted to protect and improve the environment and control and reduce pollution. It grants the Central Government broad powers to take measures for environmental protection, establish authorities, set pollution standards, and regulate hazardous substances and waste. The Act serves as an umbrella legislation, consolidating and strengthening existing environmental laws and providing penalties for violations.

Overarching Framework: It provides a basic framework for planning large-scale environmental strategies and coordinating efforts between the Central and state governments.

Key Features