Human Rights Violation BY AKSHIT GUPTA @LEXCLIQ

 Everyday there is a news of human rights violation such as child abuse, torture, man slaughter. By getting through all these crimes daily an average human being asks is the humanity relinquished.  

In India at the state level and center level there are various acts constituted such as human rights commission, state human rights commission, women’s commission have been constituted for protecting and safeguarding the human rights. 

Article 21 on constitution of India says that No person shall be deprived of his life or personal liberty except according to procedure established by law. It is to be noted that this isn’t brought up by the constitution of India under this article this comes under basic human rights without which this society and political rights stands meaningless. Court held that right to life means right to live with human dignity and all that goes with it including shelter.  

In Bandhu Mukti Morcha, it was held that it is a right of human being to live with dignity and is joined with right to life and derives the directive principle of state policy and particularly clause (e) and (f) of article 39,41,42. 

Again, in Olga Tellis case the court held that right to livelihood is included in right to life as no person can live without the means of living. 

In Unni Krishnan v. state of A.P. the supreme court has recognized a fundamental right to education in the right to life under article 21. I was also held under article 41 and 45.  under this article it was held that every citizen and child of this country has a right to free education until he completes 14 years of age. 

The government of India consequently enacted the 86th amendment of constitution of India 2002, in which article 21 A is provided. It states that “The state shall provide free and compulsory education to all the children of the age of 6 to 14 years of age in such a manner as the state may, by law, determine. 

Growth of economy depends upon the country education. As education undergoing privatization the growth of economy is in poor condition, it is the root cause of poverty. The article states the primary education till the age of 14 years but this isn’t implied properly still there are some many children illiterate. The poor condition of government school is worry some there are no proper qualified teachers to give knowledge to children in need, this is about human rights violation in a country in which there are no toilets made for poor people the toilets made for poor are locked which itself violates the government policy.  

Civil and Political Rights: 

Civil and political rights are violated through genocide, torture, and arbitrary arrest. The violation can trigger the right to freedom of expression and the right of peaceful assembly. States are usually responsible for the violation as they attempt to maintain control and push down rebellious societal forces. 

 

In the Mathura case the judgment didn’t distinguish between consent and forcible submission. Correspondingly the judgments in Bhanwari Devi and a few others cases were unjust and in Favour of the accused. In other judgement like Vishaka v. state of Rajasthan the supreme court laid down exhaustive guidelines for preventing sexual harassment of working women in work place until legislation is enacted for this purpose.   

What can be done? 

International humanitarian law has been enacted to preserve humanity in all the circumstances even during conflicts such law creates areas of peace in midst of conflict imposes the principle of a common humanity and calls for dialogue. It rules out unlimited force or total war and seeks to limit the use of violence in hopes of maintaining the necessary conditions for a return to peace. 

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