Knowledge Nugget | Human Rights Day: What are Human Rights, why Dec 10 matters and how India protects them

5. A relatively compact document, the declaration consists of a preamble and 30 articles setting out fundamental rights and freedoms.

6. Article 1 states that “all human beings are born free and equal in dignity and rights.” And Article 2 says that everyone is entitled to all the rights and freedoms the declaration sets out, “without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.”

7. Other articles state that “everyone has the right to life, liberty and the security of person,” and that no one “shall be held in slavery or servitude” or “subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

8. The declaration says that “all are equal before the law” and that everyone is entitled to “a fair and public hearing by an independent and impartial tribunal.” And it says that “everyone has the right to seek and to enjoy in other countries asylum from persecution.” The declaration enshrines the rights to freedom of religion; to freedom of opinion and expression; and to freedom of peaceful assembly. And it says that everyone has the right to education.

9. The declaration was born of the “never again” sentiment among political leaders after two world wars and the Holocaust.

10. A formal drafting committee was chaired by Eleanor Roosevelt, the widow of U.S. President Franklin D. Roosevelt, and consisted of members of the new Commission on Human Rights from eight countries, selected to reflect geographical distribution.

11. Over 50 U.N. member countries participated in the final drafting in 1948, and the U.N. General Assembly approved the result on Dec. 10, 1948, with eight countries abstaining but none voting against.

12. Human rights group Amnesty International notes that the declaration was drawn up at a time when much of the world’s population lived under colonial rule but says that “its drafting ultimately could not be controlled by the powerful alone.” It says that smaller nations “outmaneuvered the large,” ensuring that the final text promised human rights for all without distinction, and that female delegates ensured equal rights for men and women were affirmed.

13. The declaration isn’t a treaty and isn’t legally binding in itself, but the principles it sets out have been incorporated into many countries’ laws and it is viewed as the basis for international human rights law.

What are Human Rights Council and Universal Human Rights Index (UHRI)? 

1. The Human Rights Council (HRC): It is the UN’s main intergovernmental body dedicated to promoting and protecting human rights worldwide. Created in 2006 by the General Assembly, it replaced the former Commission on Human Rights and meets regularly at the UN Office at Geneva.

The Council provides a global forum for dialogue among states, UN experts, and civil society on human rights issues. It adopts resolutions that signal the international community’s position, convenes special sessions in response to urgent crises, reviews every Member State’s human rights record through the Universal Periodic Review (UPR), appoints independent experts to monitor thematic and country situations, and can authorize investigations into serious violations.

The HRC consists of 47 Member States elected by the General Assembly for three-year terms, with seats distributed across regional groups and one-third of members renewed annually. States are expected to uphold the highest human rights standards, and the General Assembly may suspend members involved in systematic violations. The Council is led by a president and four vice-presidents representing each region.

2. The Universal Human Rights Index (UHRI) : The UHRI facilitates access to human rights recommendations issued by three key pillars of the United Nations human rights monitoring system: the Treaty Bodies established under the international human rights treaties as well as the Special Procedures and the Universal Periodic Review (UPR) of the Human Rights Council.

It is central repository of human rights information and aim at assisting States in the implementation of these recommendations and to facilitate the work of national stakeholders such as National Human Rights Institutions (NHRIs), non-governmental organisations, civil society and academics as well as the United Nations in support of such implementation efforts and for human rights analysis including to identify who may be at risk of being left behind and mapping of systematic, recurring and unresolved human rights issues.

BEYOND THE NUGGET: The National Human Rights Commission (NHRC)

— The National Human Rights Commission (NHRC) of India was established on 12 October, 1993.

— The statute under which it is established is the Protection of Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights (Amendment) Act, 2019.

— Inquiring into complaints is one of the major activities of the Commission. As per FAQs answered on NHRC website, “In several instances, individual complaints have highlighted broader issues related to violations of rights, enabling the Commission to urge the concerned authorities to implement systemic improvements.

The Commission actively seeks out significant human rights issues either suo motu or when brought to its attention by civil society, the media, concerned citizens, or expert advisers. Its focus is to strengthen the extension of human rights to all sections of society, particularly vulnerable groups.”

— Upon completion of an inquiry, the Commission may:

• Recommend to the concerned Government or authority the initiation of prosecution or other appropriate action against any public servant found guilty of human rights violations or negligence in preventing such violations;
• Approach the Supreme Court or the High Court for directions, orders, or writs deemed necessary;
• Recommend to the concerned Government or authority the grant of immediate interim relief to the victim or the victim’s family members, as the Commission considers necessary.

— The authority/ State Government, or Central Government is required to provide their comments or report the action taken on the Commission’s reports or recommendations within one month for general complaints and within three months for complaints related to the armed forces.

— The Commission’s autonomy derives, inter-alia, from the method of appointing its Chairperson and Members, their fixed tenure, statutory guarantees, the status accorded to them, and the manner in which its staff (including the investigative agency) is appointed and operates.

— The financial autonomy of the Commission is specified in Section 32 of the Act. The Chairperson and Members are appointed by the President based on recommendations from a Committee comprising the Prime Minister (as the Chairperson), the Speaker of the Lok Sabha, the Home Minister, leaders of the opposition in the Lok Sabha and Rajya Sabha, and the Deputy Chairman of the Rajya Sabha.

— The chairperson and members of State Human Rights Commission are appointed by the Governor of the state on the recommendations of a committee consisting of the chief minister as its head, the speaker of the Legislative Assembly, the state home minister and the leader of the opposition in the Legislative Assembly.

— The Commission has its own investigative staff headed by a Director General of Police for investigating human rights violation complaints. Under the Act, the Commission may also utilize the services of officers or investigation agencies from the Central or State Governments. Additionally, the Commission has involved non-governmental organizations in investigations in several cases.

According to nhrc.nic.in:

— “India’s human rights framework is deeply rooted in its cultural ethos, constitutional mandates, diverse legislation, institutional structures, and international obligations. The Constitution of India exemplifies its commitment to democratic values through the universal adult franchise, ensuring voting rights regardless of caste, gender, religion, or socio-economic background.

Fundamental Rights and Directive Principles of State Policy enshrined in the Constitution form the cornerstone of human rights protections in the country. The judiciary plays a vital role in upholding these rights through landmark judgments and proactive interventions.

Additionally, Public Interest Litigations (PILs) have emerged as a powerful tool to address pressing human rights challenges, including child labour, environmental degradation, access to healthcare, prisoners’ welfare, and migrant rights. The courts further safeguard individual freedoms by issuing writs that enforce constitutional protections and provide remedies against violations.”

— Various statutory and constitutional bodies, including the National Human Rights Commission (NHRC), play a vital role in promoting and safeguarding human rights in India.

Some of them are: National Commission for Women (NCW), National Commission for Protection of Child Rights (NCPCR), National Commission for Scheduled Castes (NCSC), National Commission for Scheduled Tribes (NCST), National Commission for Minorities (NCM), and National Commission for Backward Classes (NCBC).

POST READ QUESTION

Q. With reference to Human Rights and related institutions, consider the following statements:

1. Human Rights Day is observed on December 10 to mark the adoption of the Universal Declaration of Human Rights by the UN General Assembly.
2. The Universal Declaration of Human Rights (UDHR) is a legally binding treaty on all UN Member States.
3. The National Human Rights Commission (NHRC) in India is established under the Protection of Human Rights Act, 1993.
4. The Human Rights Council (HRC) conducts the Universal Periodic Review of human rights performance of all UN Member States.

Which of the statements given above are correct?

(a) 1, 3 and 4 only

(b) 1 and 2 only

(c) 2, 3 and 4 only

(d) 1 and 4 only

(Sources: un.org, ohchr,What is the Universal Declaration of Human Rights, which is marking its 75th anniversary?, nhrc.nic.in)

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