PROTECTION OF HUMAN RIGHTS OF WOMEN
All human rights are women’s rights. The United Nations Organisation’s International Covenanton civil and political rights, International Covenant on social, economic and cultural rights, UniversalDeclaration of human rights 1948, UN Convention on Complete Elimination of All Forms ofDiscrimination against women (CEDAW), several fundamental rights enshrined in Indian Constitutionfrom articles 14 to 32 and directive principles of state policy from articles 36 to 51 describes the humanrights of women. There are several legislative provisions and social security laws are also providesprovisions for protection of human rights of women. The National Human Rights Commissionconstituted under the protection of human rights Act 1993 and National Commission’ for women areactively working for protecting the woman’s rights. The guidelines of supreme court of India inVishakha case has to be followed for preventing sexual harassment of working women. The nationalpolicy for women and national mission for empowerment of women and national awards for eminentwomen working for protection of rights of women enables women empowerment and helps forprotection of their human rights. The greatness of a civilization can be judged by the place given towomen in the society. One of several factors that justify the greatness of India's ancient culture is thehonorable place granted to women. The foreign influence on India caused considerable deterioration inthe status of women. They were deprived of their rights of equality with men. Raja Ram Mohan Roystarted a movement against this inequality and subjugation. The contact of Indian culture with that ofthe British also brought improvement in the status of women. The third factor in the revival of women'sposition was the influence of Mahatma Gandhi who induced women to participate in the IndianFreedom Struggle. The development of women is of paramount importance and sets the pace for overall development. There is a need for addressing gaps in state action for women on promoting inter-Ministerial and Inter Sector Convergence to create gender equitable and women centered policies andprogrammes. The Ministry of Women and Child Development has nodal responsibility to promote thehuman rights and concerns of women. We should have a vision of empowering women with humandignity and contributing as equal partners in development in an environment free form violence anddiscrimination. The Government and society should promote social, economic and politicalempowerment of women through policies, programmes and create awareness about their rights andfacilitate institutional and legislative support for enabling them to realise their human rights anddevelop their full potential of human personality. Several social reformers like Mahatma Jyotirao Phule,Raja Ram Mohan Roy, Ishwar Chandra VidyaSagar, Narayan Guru and Periyar E.V. Ramasamy havefought for the human rights of women especially Right to Education, Right to Equality etc and removalof social evils like Abolition of Child Marriages, Sati and promotion of widow remarriages. Dr. B.R.Ambedkar, Chairman of the Drafting Committee of Indian Constitution and First Law Minister ofindependent India has introduced Hindu Code Bill in Parliament for liberating women from traditions and providing equal human rights for empowering them. Education, health employment and politicalpower will empower the women and helps of protection of their human rights. International Women'sDay is being observed on 8th March every year. 8th March is being observed as InternationalWomen’s Day every year across the globe.According to government reports 2 million foetuses are aborted each year for reason none otherthan they happen to be females. Census 2001 shows that during the 1991- 2001 decade the overall sexratio increased from 927 per 1,000 to 933 per 1,000. But during the same decade the child sex ratio (0-6years) dropped from 945 to 927, while the sex ratio in the seven plus age group increased from 923 to935. The problem of declining sex ratio cannot be viewed only in terms of numbers. Studies should beconducted to look at the reasons behind the decision to abort and neglect baby girls. Some of thestudies shows that juvenile sex ration (0-6 years) has been dropped from 945 (1991 census) to 896(2001 census). This juvenile sex- ratio (0-6 years) is the most realistic indicator of trends in femalefoeticide and continuing discrimination against the girl child. The reasons behind the mistreatment ofgirls crosses the spectrum of Indian region, economic classes and castes and are due to a complex mixof economic social and cultural factors. Declining sex ratio is the reflection of the intrinsic flow in oursocial system, which has to be taken into consideration and addressed. There is an urgent need to takemeasures to curb this decline in sex ratio. In context to the educational development of women in India, they have achieved far less education when compared to men. As per the Census report 2001, theliteracy rate of women is 54.16 per cent and that of men is 65.38 per cent. There has been a sincereeffort to improve the educational attainment of women by both government and voluntaryorganizations. The changes in the policies and infrastructural supports on primary, secondary andhigher education reflect the initiatives of the Government of India towards women education. From aneconomist point of view, gender discrimination severely limit expansion and utilization of humancapabilities in women and it has critical implications for economic growth. It is assumed that the statusof women and discrimination against them are inversely related and therefore measuring women’sstatus is equivalent to measuring gender discrimination.
Constitutional Rights,The principle of gender equality is enshrined in the Indian Constitution in its Preamble,Fundamental Rights, Fundamental Duties and Directive Principles. The Constitution not only grantsequality to women, but also empowers the State to adopt measures of positive discrimination in favourof women. Within the framework of a democratic polity, our laws, development policies, Plans andprogrammes have aimed at women’s advancement in different spheres. India has also ratified variousinternational conventions and human rights instruments committing to secure equal rights of women.India also ratified the UN Convention on Elimination of All Forms of Discrimination against Women(CEDAW) in 1993. Several provisions are provided in Indian Constitution for upliftment of women likeEquality before law for women (Article 14), the State not to discriminate against any citizen on groundsonly of religion, race, caste, sex, place of birth or any of them (Article 15 (i)), the State has to makeany special provision in favour of women and children (Article 15 (3)), Equality of opportunity for allcitizens in matters relating to employment or appointment to any office under the State (Article 16),Prohibition of traffic in human beings, beggar and other similar forms of forced labour, the State todirect its policy towards securing for men and women equally the right to an adequate means oflivelihood (Article 39(a)); and equal pay for equal work for both men and women (Article 39(d)), topromote justice, on a basis of equal opportunity and to provide free legal aid by suitable legislation orscheme or in any other way to ensure that opportunities for securing justice are not denied to anycitizen by reason of economic or other disabilities (Article 39 A), the State has to make provision forsecuring just and humane conditions of work and for maternity relief (Article 42), the State to promote with special care the educational and economic interests of the weaker sections of the people and toprotect them from social injustice and all forms of exploitation (Article 46), the State to raise the levelof nutrition and the standard of living of its people (Article 47), to promote harmony and the spiritof common brotherhood amongst all the people of India and to renounce practices derogatory to thedignity of women (Article 51(A) (e)).
Human RightsHuman, Rights are indivisible, inalienable and universal. The Human Rights includes Right tolife, Right to equality, right to freedom of speech and expression, human dignity, right againstdiscrimination, liberty, equality and right to safe environment etc. India is a signatory to UniversalDeclaration of Human Rights 1948, International Covenant on Civil and Political Rights, InternationalCovenant on Economic, Social and Cultural rights and UN Convention on Complete Elimination ofDiscrimination Against Women. All these UN Human Rights Conventions have provided equal humanrights to women. “Human rights represent the rights of all human beings of the sex, men and women.Both men and women have equal access to these rights. No discrimination is allowed or imposed in theexercise of these rights. It is a fact of history that women have been denied equal rights for centuries.The “philosophy of human rights” became popular only during the second half of the 20th century andthe issue of “gender equality” and “equal rights” for women assumed importance only after 1970's.India which joined the UNO after its independence gave much importance to the human rights byincorporating many of these in its constitution. India which adopted a Constitution of its own in 1949contains several Articles mandating equality and non-discrimination on the ground of sex. IndianParliament enacted protection of Human Rights Act 1993 and on the basis of this legislation NationalHuman Rights Commission was established for protection of Human Rights. Women can also sendcomplaints to NHRC when their constitutional, legal and human rights are violated.
Legislative Provisions, The State has enacted various legislative measures intended to ensure equal rights, to countersocial discrimination and various forms of violence, atrocities and crimes against women to providesupport services especially to working women. Although women may be victims of any of the crimessuch as 'Murder', 'Robbery', 'Cheating' Child Marriages, Sati and forced prostitution and humantrafficking etc. The crimes, which are directed specifically against women, are characterized as 'Crimeagainst Women'. These are broadly classified under two categories. The crimes identified under theIndian Penal Code (IPC) are Rape (Sec. 376 IPC), Kidnapping and Abduction for different purposes(Sec. 363-373), Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC), Torture,both mental and physical (Sec. 498-A IPC), Molestation (Sec. 354 IPC), Sexual Harassment (Sec. 509IPC), Importation of girls (up to 21 years of age). The second category crimes are identified under theSpecial Laws. The Supreme Court of India is a great champion of rights of women. The Apex court hasgiven specific guidelines for protection from Sexual Harassment of working women in Vishakha vsState of Rajasthann.
Indian Parliament enacted several legislations on women for protection of their rights in tunewith the fundamental rights guaranteed under Part III of the Indian Constitution and United NationsHuman Rights Conventions. The legislations includes the Employees State Insurance Act, 1948, thePlantation Labour Act, 1951, the Family Courts Act, 1954, the Special Marriage Act, 1954 the HinduMarriage Act, 1955, the Hindu Succession Act, 1956 with amendment in 2005, Hindu adoption andMaintenance Act 1955 Immoral Traffic (Prevention) Act, 1956 the Maternity Benefit Act, 1961(Amended in 1995), Dowry Prohibition Act, 1961, the Medical Termination of Pregnancy Act, 1971,the Contract Labour (Regulation and Abolition) Act, 1976, the Equal Remuneration Act, 1976, theProhibition of Child Marriage Act, 2006, the Criminal Law (Amendment) Act, 1983, the Factories(Amendment) Act, 1986, Indecent Representation of Women (Prohibition) Act, 1986, Commission ofSati (Prevention) Act, 1987, the Protection of Women from Domestic Violence Act, 2005 andProtection of Women from Sexual Harassment Act.
Family courts are established to decide matters and make orders in relation to family law, suchas custody of children. In common-law jurisdictions "family courts" are statutory creations primarilydealing with equitable matters devolved from a court of inherent jurisdiction, such as a superior court.The Family Courts Act 1987 was enacted on 14 September 1987 to provide for setting up of the familycourts with a view to promoting conciliation and to secure speedy settlement of disputes relating tomarriage and family affairs. The State Government after consultation with the High Court and bynotification shall establish a Family Court for every area of the state consisting of a city or town whosepopulation exceeds ten lakhs and for other areas in the state as it may deem necessary. Family courtsare subordinate to the High Court, which has power to transfer the case from one family court to theother. The matters which are dealt in the Family Court in India are matrimonial relief which includesnullity of marriage, judicial separation, divorce, restitution of conjugal rights, declaration as to thevalidity of marriage and matrimonial status of the person, property of the spouses or any of them anddeclaration as to the legitimacy of any person, guardianship of a person or custody of any minorchildren, maintenance of wife including the proceedings under the Criminal Procedure Code. TheSupreme Court of India in its several landmark judgments like Shah Bano case protected the rights ofwomen.
Empowerment of Women,National Policy for Empowerment of Women: The National Policy for Empowerment ofWomen (NPEW) was formulated in 2001 as the blueprint for the future, with the expressive goal ofbringing about the advancement, development and empowerment of women. The NPEW laid downdetailed prescriptions to address discrimination against women, strengthen existing institutions whichincludes the legal system, provide better access to health care and other services, equal opportunitiesfor women's participation in decision-making and mainstreaming gender concerns in the developmentprocess. The policies and programmes of the Government are directed towards achieving inclusivegrowth with special focus on women in line with the objective of the National Policy for Empowermentof Women. The Government introduced Gender Budgeting in 2005-06 in order to ensure that policycommitments are backed by financial outlays and that the gender perspective is incorporated in allstages of a policy or a programme. The objectives of Gender Budgeting are for committing to initiativeswith the objective of influencing and effecting a change in the Ministries’ policies, programmes in a way that could tackle gender imbalances, promote gender equality and development and ensure thatpublic resources through the Ministries’ budgets are allocated and managed accordingly. Thegovernment also made all efforts to ensure a definite flow of funds to women was the introduction of aWomen’s Component Plan (WCP) in the 9th Five Year Plan whereby all Ministries/Departments weredirected to ensure at least 33 percent funds for women.
National Mission for Empowerment of Women: Government of India launched the NationalMission for empowerment of women (NMEW) on International Women’s Day in 2010 with the aim tostrengthen overall processes that promote all-round development of women. It has the mandate tostrengthen the inter-sector convergence; facilitate the process of coordinating all the women’s welfareand socio-economic development programmes across ministries and departments. The Mission aims toprovide a single window service for all programmes run by the Government for Women under aegis ofvarious Central Ministries. The Mission has been named Mission Poorna Shakti, implying a vision forholistic empowerment of women. The Mission focussed on access to health, drinking water, sanitationand hygiene facilities for women, coverage of all girls especially those belonging to vulnerable groupsin schools from primary to class 12th, higher and Professional education for girls, Skill development,Micro credit, vocational training, Entrepreneurship, Self-Help Groups development , Gendersensitization and dissemination of information and taking steps to prevent crimes against women and asafe environment for women.
National Commission for Women: The National Commission for Women was set up asstatutory body in January 1992 under the National Commission for Women Act, 1990 to review theConstitutional and Legal safeguards for women ; recommend remedial legislative measures ; facilitateredressal of grievances and to advise the Government on all policy matters affecting women. TheCommission initiated various steps to improve the status of women and worked for their economicempowerment. It organises consultations, constituted expert committees on economic empowerment ofwomen, conducts workshops and seminars for gender awareness and took up publicity campaignagainst female foeticide, violence against women, in order to generate awareness in the society againstthese social evils and human rights of women.
Women constitute almost half of the population of the world. Education for women is the bestway to improve the health, nutrition and economic status of a household that constitute a micro unit ofa nation economy. The lack of woman education can be an impediment to the country’s economicdevelopment. In India, women achieve far less education that of men. As per the Census report 2001,the literacy rate of women is 54.16 per cent and that of men is 65.38 per cent. There has been a sincereeffort to improve the education attainment of women by both government and voluntary organizations.The changes in the policies and infrastructural supports on primary, secondary and higher educationreflect the initiatives of the Government of India towards women education. The divergences in theliteracy rates between sexes indicate the difference in the growth rate of literacy levels between malesand females over a period of time. Another area of concern is to reduce the gap between the rural andurban female literacy. Though there has been a steady upward trend in both the rural and urban femaleliteracy rates, it is observed that the rural female literacy is increasing much faster than that of urban.
In economics we often talk of discrimination which means denial of equality and human rightsto women and the freedom to make decisions which affects their lives and results in wideningdisparities in the human capabilities and functionings associated between man and woman. The addgender discrimination severely limit expansion and utilization of human capabilities in women and ithas critical implications for economic growth. It is assumed that the status of women anddiscrimination against them are inversely related and therefore measuring women’s status is equivalentto measuring gender discrimination. This issue, though, is receiving increasing academic and policyattention in the recent years, there is still a dearth of research in this area, particularly quantitative andempirical research. Until recently, it was assumed that development was gender-neutral – that both menand women could benefit equally from development, and that the benefits of developmentalinterventions spread evenly across society. The historical legacy of gender inequality existed in allsocieties across the world implies that there is no “level playing field”. Gender inequalities can alsohave instrumental impacts through creating constraints in the achievement of a number of developmentgoals. For example, studies have shown that gender inequality in education and access to resources mayhamper the process of reduction of child mortality and lowering of fertility, which in turn impacts the expansion of education for the next generation. Gender inequality also has a negative impact oneconomic growth. There is now overwhelming evidence that countries that adopt specific measures toprotect women’s rights and increase their access to resources and schooling have less corruption andachieve faster economic growth than countries that do not.
There is a need for political empowerment of women Globally, women hold slightly less than20 per cent of seats in Parliament. In Asia-Pacific region, just over 18 per cent of all members ofnational Parliaments are women. India is far below these countries with 11 per cent women in the LokSabha. With 60 women members of Parliament out of 545 (11 per cent), nationally, India’s LowerHouse ranks only 105th worldwide in this context. With 37 per cent of members at rural and districtbodies, India has achieved a better gender balance at sub-national level. Not less than one-third of thetotal number of seats to be filled by direct election in every Panchayat to be reserved for women andsuch seats to be allotted by rotation to different constituencies in a Panchayat (Article 243 D(3)), Notless than one- third of the total number of offices of Chairpersons in the Panchayats at each level to bereserved for women (Article 243 D (4)), Not less than one-third of the total number of seats to be filledby direct election in every Municipality to be reserved for women and such seats to be allotted byrotation to different constituencies in a Municipality (Article 243 T (3)) Reservation of offices ofChairpersons in Municipalities for the Scheduled Castes, the Scheduled Tribes and women in suchmanner as the legislature of a State may by law provide (Article 243 T (4)). The 73 rd and 74thConstitution Amendments provided reservations for women. The Bill for providing 33 percentreservation for women in legislatures is not yet enacted.
Media and Women,MAG Study (1994) revealed that there are now more women in the media workforce than theywere twenty years ago. The decision making in these organizations remain overwhelmingly the domainof man. Senior decision makers with a gender sensitive perspective can use their persuasive power toempower others and change the image and status of women in print and electronic media organizations.As far as print media is concerned, late seventies and eighties in India witnessed the emergence of lot ofwomen journalists. The choice of many educated women to take to this profession which was tillrecently considered a bastion of men is a sign of women of India joining the main stream decisionmaking process in an important way. The last twenty years of print media is a story of women'sparticipation in an area that focuses on the national agenda of great public interest. Communicationresearchers should take up studies on women's employment in various mass media. This may provideguidelines for bringing gender equality in the employment in mass media. It is true that women arelagging behind men in the media work force. At the same time, it is also a fact that there has beenprogress in this regard. There is more number of women employed now in media organizations andGovernment media of radio and Doordarshan in senior positions. Once they acquire positions of powerin the media workforce, the task of improving women's images in media will become easier. There is aneed for projecting the positive image of women in film media.
Awards, Government of India instituted five national awards which are to be called 'Stree ShaktiPuraskar for recognition of achievements of individual women in the field of social development. Theseawards will be in the name of the eminent women personalities in the Indian history, who are famousfor their personal courage and integrity like Devi Ahilya Bai Holkar, Kanngi, Mata Jijabai, RaniGaidenlou Zeliang and Rani Lakshmi Bai. The award will carry a cash prize of Rupees one lakh and acitation. These awards will be given to women who have triumphed over difficult circumstances andhave fought for and established the rights of women in various fields. Also, women achievers whohave worked in the areas of education, health, agriculture and rural industry, protection of forests andenvironment and those who have created awareness and consciousness on women's issues through artsand media would be recognized and awarded by the Government.
* 8th March is being observed as International Women’s Day every year acrossthe globe.
Dr. P.J. Sudhakar, Addl. Director General (M & C), PIB, Bhopal
Crime against women & encounter with criminal law system
After the 2012 “Nirbhaya” Incident amendments were made to IPC.
Including these, we discuss the important provisions concerning crimes against women
Filing of FIR and Treatment
If a Police officer refuses to file an FIR – it is an offence under the law – he can be charged and sentenced to rigorous imprisonment for a period between six months and two years.
This provision applies to all cases.
Authorities of Hospitals are bound to provide medical assistance to victims of any physical crime against women. If they refuse – they can be charged and sentenced to imprisonment up to 1 year.
If you feel threatened by an Acid attack – your right to self defense allows you to kill that person.
Applies to all persons – men and women
Section 326 A
Whoever throws acid at another and causes physical damage to that person – gets imprisonment of at least 10 years but possibly up to life imprisonment
Whoever attempts to throw acid – or throws acid without causing real harm – gets imprisonment of at least 5 years but possibly up to 7 years.
New development in law
If fine is imposed in the case of Acid attack – the amount of the fine is calculate according to the cost of victim’s treatment – and the amount is then given to the vicitm.
This had never happened before under criminal law.
Very broad definition of what sexual harassment means – please refer to the section.
Even passing remarks – may constitute harassment
Punishment – up to 3 years of rigorous imprisonment
Watching or recording (photo/video) a woman in her private setting – without her knowledge.
Punishment – First time – Between 1 to 3 years
Second time and more – Between 3 to 7 years
Recording images with a woman’s consent – but circulating without her consent is also the same offence.
Whoever repeatedly –
Follows a woman
Attempts to contact
After she has shown clear disinterest.
Monitors her online activity/hacks email etc.
Punishment – First time – up to 3 years
Second time and more – up to 5 years
Please read the definition of Rape from the following sections of IPC (you can find on Google)
Section 375, Section 376, Section 376A, Section 376B, Section 376C, Section 376D
These section define in depth as to what acts and which circumstances constitute the offence of rape.
More than one involved
All of them acting together
Does not matter which of them committed rape
Punishment – At least 20 years up to for the rest of his life.
DEMOCRACY AND PROTECTION OF HUMAN RIGHTS
IN INDIA ARE POOR
(BY-RAJENDRA PRASAD DUBEY)
I distinguish two different meanings, which are attached to the concept of Democracy and Human rights as under: -
Democracy as a particular form of Govt. generally characterized as a capitalist parliamentary or presidential regime, recently described as a form of Govt. based as Universal franchise, multi party of
Electoral system and a form of Governmental apparatus, which will be representative, responsible and responsive to the citizens. Recently, Democracy as a form of Govt., according to latest thinking, since thirties is also expected to provide basic facilities and rights to the citizens. But, the basic meaning of Democracy, views, Democracy as group of democratic and Human rights, which are described eloquently in the famous declaration of human rights, adopted by united nations in1998 and which are concretely formulated Into two international Covenants viz, (1) International Covenant on Economics, social and Cultural rights. Theses Rights are considered essential if Citizens are to be empowered to act as active participatory members of the society and state. The first of these two covenants is intended to specify freedom and rights, which would guarantee to every individual, classical or natural rights related to movement, behavior, thinking and choice. The second instrument, which reflects greater Social awareness, covers what individuals should receive from the state. The states as being responsible for material needs, and welfare of its citizens and is expected to provide adequate employment health educational facilities and various other requirements.
Our parliamentarians should assess the problems of Indian democracy, acclaimed as the largest and youngest democracy in the world having one of the most elaborated constitutions and massive state apparatus, which claims to operate according to cannons laid down for democratic state structure. They should also discuss the problems of caste/class/racial ethic, religion, gender, language, unlike industrial and other conflicts and tension which are erupting on countries, situations which have made the problems of "law & orders" for a smooth pursuit of the chosen path of development to curb the democratic and human rights of those who assert for their elementary demands.
Our parliamentarians can realise that the lawlessness of Govt. has reached a stage when citizens are not merely obstructed form enjoying their rights, but are severally punished if they assert that such violations of rights be rectified and criminals duly punished. Governmental lawlessness implies that public authorities, which are supposed to maintain the "Rule of law" themselves, act as criminals do.
Govt. lawlessness thus implies non-adherence to duties imposed by law by Govt. in general or any agency of the Govt. It seems non-obedience, non-performance, or even active flouting of the laws, which are constitutionally, or by duly constituted legal authorities, and for whose proper implementation and observance the public authorities are assigned powers denied to ordinary citizens.
It is my firm conviction, based on my study of the development that is taking place in India, by the state, pursuing capitalist path of development, that Govt. lawlessness has acquired alarming dimension and has reached such bizarre proportions that it is increasingly becoming difficult if not impossible for ordinary citizens to exercise even their limited rights which are given to them by law. Infect, the lawlessness of Govt. has reached a stage where citizens are not merely obstructed from enjoying their rights but are severally punished, if they assert that such violations of rights be rectified and criminals duly punished.
The govt. lawlessness implies that public authorities who are supposed to maintain the Rule of law themselves act as criminals, and, therefore, more dangerous to democracy then violation of law by individuals or group of Citizens, because the govt. possesses powers which are ordinarily denied to citizens.
The Govt. lawlessness flouts the basic promise of any democratic state viz. Public authorities are not masters but servants of the citizens to see that the "Rule of law" properly prevails.
It is my submission that the lawlessness of the govt. manifests itself in so many ways that it has become increasingly difficult for millions of citizens even to perform their day-to-day activities peacefully and in normal legal ways. Further I would like to submit that the various forms and ever expending range of governmental lawlessness is not adequately understood, studied or analyzed to grasp its monstrous implication for even normal day to day functioning of law binding ordinary citizens and for its disastrous impact on democratic and human rights of tolling poor, majority of them.
Most important point is that the governmental lawlessness as manifested in default or deliberates violation or active abetting in non-implementation of laws, which have been actually passed by the state. Government lawlessness manifests itself also very often in the form of the Government directions to the bureaucrats that the provisions of enacted laws may be disregarded sometime even at the point of sanctions with in the bureaucratic structure. While the law is categorical on he point that an administrative instructions can not be permitted to interfere with, or prevail over, statutory provisions, such directions are quite frequently issued and they quite effectively prevail over the statute for the simple reason that, not all these can be brought for judicial scrutiny. The use of administrative direction to statutory authorities is common in routine Government context. Even officials who are entrusted with the task of deciding disputes between the state and the citizens are required to act under departmental directions, often not wholly consistent with the letter and sprit of the law and same lines even in contradiction to the law to the law declared by courts including the supreme court of India. Bureaucrats are not realising even the decision of the supreme court of India, as the decision of supreme court of India is lying down position in law are BINDING on all in C.A. No 2224 of 1984 C.S.E. 1267. It seems that there is no control of our Ministers over the working of the bureaucrats. If this situation remains continue then violation of human rights cannot be stopped and this action of the Govt. is clear-cut violation of declarations adopted by our country in the world conference Human Rights in United Nations.
PROVISIONS TO REDUCE HUMAN RIGHTS VIOIATIONS
We have enough provisions in the code of criminal procedure to reduce human rights violations considerably, provided strict compliance is insisted upon. They are:
- The person arrested shall not be subjected to more restrain than is necessary to prevent escape (Section 49 C.P.C)
- That the person arrested shall be informed of the grounds of arrest furnishing him full particulars of the offence for which he is arrested (section 50 C.P.C)
- The person arrested subjected to search shall be given a receipt shoring the articles found in his person (section 51 C.P.C)
- When weapons have been ceased they should be deposited in the court before whom the accused is produced (section 52 C.P.C)
- The person accused has a right to have his body examined medically at the request. Whether any other person while in custody inflicted wounds on his person (Section 54 C.P.C.)
- The person arrested without warrant shall be produced before a magistrate within 24 hours (Artic. 22 (1) and section 56-57).
- The Officer in charge of the police station shall report to the District Magistrate or if he so directs to the S.D.M. the cases of all persons arrested without a warrant, within the limit of their respective stations whether such persons are admitted to bail otherwise (Section 48 C.P.C.). To this provision should be added laying down that where no such report is made to the district magistrate it would amount to wrongful confinement. The following measures may also help to set up an institutional structure of redressed against Human Rights violations.
(1) It is no part of a policeman's duty to maim or kill and so no sanction would be necessary to prose- -cute him. The immunity extended to public servants will not extend to commission of crimes set out in the penal code. The legislature may, to set the matter at rest, introduce a provision to the effect that where the accusation is of the human body, no sanction to prosecute would be necessary and they will not be regarded as acts performed in the purported exercise on their duties.
(2) The procedure of enquiries by executive magistrates should be done away with. Enquiry under sections 176 should be entrusted to the chief judicial Magistrate in the district and chief metropolitan magistrates in the cities. This would put an end to a lot of Human Rights violations. These may delegate their functions to the first class judicial magistrates. Suitable amendments may be introduced to enable these Magistrates to treat the proceedings under sections 176 as committal proceedings where there is material which prima-facie informs him that death or disappearance has been caused while in custody.
(3) Principle of constructive liability may be introduced so that superior officer may not join to fabricate a case of suicide or help in screening the offenders.
(4) Introducing rules under 309 so that persons accused of offenses are automatically suspended pending trial. This is also necessary to introduce rules holding higher officers constructively liable for Human-Rights violations with punishments raging from withholding of increments and promotions to suspension and termination form service.
I am of the view that public servants who violate constitutional guarantees have no right to continue on the post nor such public servants should be allowed to hold any other post.
BRIF BIO DATA OF WRITER
MR. RAJEDERA PRASAD DUBEY
He was born on 8th Sept. 1936 in M.P. and served as a Rural Agril. Extension officer in rural areas in M.P. thereafter he served as a Development officer in the life insurance corporation of India and retired in 1994. He is a FOUNDER-CONVENOR OF HUMAN-RIGHT PROTECTION SRVIC COUNCIL in Madhya Pradesh, Bhopal and also connected with various social activities. He is social reformer and dedicated to protect Human Rights violations.