Human Rights are an expression of the need for justice, tolerance, mutual respect and human dignity…for all, by all. Everybody is entitled to certain Rights, under all circumstances. These Rights broadly include certain Civil Liberties, Political Rights, Economic Rights, Cultural Rights and Environmental Rights. Although the Constitution and the Laws have been established to protect Human Rights, these Rights have been constantly violated. Unfortunately, most of the people are often unaware when a Human Rights violation has occurred; and even if they are aware, they don’t know how to report it. For instance, Child Labour was earlier an ‘acceptable’ model in the Indian society of the 60s and 70s. But change was brought in when people were made aware about its ill-effects. Besides, the public was empowered with some practical measures, such as a complaint mechanism via a Helpline number for Child Safety. This Helpline benefits over 50,000 children in the country annually. Similarly, Polio was so widespread in India in the early 60s, that of 10 families, 6 used to have a child suffering with it. It was felt that the authorities could hardly do anything to prevent this spread. There was no social pressure on the government to help eradicate the disease. A few NGOs however came forward in the 70s, raising the issue that the ‘Right to Health’ is a human right and the authorities should take ample steps to uproot the spread of Polio. Thanks to their efforts and Human Rights’ activism, today India has become a success story - as not a single case of Polio has been detected in the last three years. This is one of the Country’s proud milestones, achieved with the help of a massive and sustained immunisation programme of the government. It underlines how NGOs can help in the protection of Human Rights. However, till today, individuals in the Country don’t come forward to report Human Rights’ violations, due to lack of faith in the State mechanism.
Not many people know that apart from the police and courts, they themselves are entitled to file petitions directly to respective State Human Rights Commissions, to the National Human Rights Commission (NHRC), and even to the United Nations. One can identify and report a Human Rights’ violation by taking the following steps:
Determine the jurisdiction of the Human Rights violation: It is important to classify whether a Human Rights violation is a national or global violation. For example, most of the complaints relating to pornography in India are considered as Human Rights violations, but in some countries like France and Italy, pornography is allowed under the ambit of ‘freedom of expression’. The international law, therefore, doesn’t have any clear-cut provisions for pornography. On the other hand, a few international Human Rights are still not given ample importance in India. ‘Right to Legal Consultancy’ is one of them. It is a fundamental, and one of the most important, Human Rights in the US. It is so strictly followed that not even a single proceeding can take place in a court if both the parties are not given an equal level of legal consultancy. But in India the poor and uneducated generally don’t have enough resources, and every day rulings are passed without keeping their interests in mind. In such a scenario, one can certainly directly approach an international Human Rights’ protection body.
Prepare a Report: To approach any Human Rights’ protection body, one has to prepare a Report that includes the following details: where did the Human Rights violation take place? Who has been affected? How long has it been going on? How severe have been the repercussions of the violation(s)? One can prepare a Report without any legal assistance, with the help of simple words and in any language and medium. If required, individuals can also seek help of free legal aid bodies and lawyers to draft the Report. One can attach various supporting documents, letters and also evidence in audio-visual forms. Last year a group of NRI Sikhs had filed a petition with the UN’s Special Rapporteur on Torture, to commute the death sentence of an Indian Sikh. They had also approached an international Human Rights’ NGO, to intervene after the Indian Supreme Court had denied the commutation plea to the death sentence of the alleged convict, Devenderpal Singh Bhullar. The Apex Court in India had upheld Bhullar’s death sentence under TADA, saying that he was involved in a separatist movement for a Sikh nation. An appeal of a small group of individuals urged the UN to issue a notification to the Foreign Minister of India, to stop the execution of Bhullar, and a ‘fact-finding’ mission was sent to India to investigate the case. The Mission found out that the principle of non-refoulment, as stated under the Universal Declaration of Human Rights, had been violated by the Indian authorities, and thus protected Bhullar from the death penalty. Individual petitions can also be filed in cases of violation of Environmental Rights, Economic Rights, Cultural Rights, Consumer Rights…and even for the condemnation of ‘Right to Happiness’.
Know the International Bill of Human Rights and the Universal Deceleration of Human Rights (UDHR): Of the 193 member countries of the UN, more than 161 have signed UDHR. The UDHR’s preamble makes it compulsory for all signing states to commit themselves and their people to progressive measures that secure the universal and effective Human Rights mechanism, as stated in the Declaration. The Declaration defines the concept of ‘fundamental freedoms’ and ‘human rights’, which is binding on all member states. It is a powerful tool to apply diplomatic and moral pressure on governments, organisations or individuals who violate any of its articles.
Research which Human Rights’ organisation would be best suited: Some international NGOs, such as the International Federation for Human Rights, Amnesty International, Human Rights Watch, Freedom House, World Organisation Against Torture, International Freedom of Expression Exchange and Anti-Slavery International are dedicated to the cause of protecting Human Rights all across the world. While filing petitions with the UN, individuals can also send the same to concerned NGOs, so as to build pressure on the UN to look into the matter properly. These organisations also help people worldwide to know about the International Bill of Rights and UDHR. Many times the NGOs conduct free online seminars and classes to help individuals know about Human Rights. In case of international petitions, it is essential for a petitioner to be persistent and patient. Many times the petitioners withdraw their cases, as it takes quite a long time to determine jurisdiction and reach a consensus. It is therefore important to seek the assistance of international NGOs, to make sure that proper charges are filed against the offending organisation or individual.
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