Human Rights In Contemporary Times
Author: LawSphereX
Category: Constitutional & Human Rights
Published:
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HUMAN RIGHTS IN CONTEMPORARY TIMES
Anshika, B.A.LL.B.(H), Graduate from Amity University Uttar Pradesh, Lucknow.
ABSTRACT
Human rights transcend national boundaries. They are a language shared by all. Your rights need to be upheld no matter where you are. A historic event occurred on the world stage seventy-five years ago
when nations unanimously endorsed The Universal Declaration of Human Rights (UDHR), which promised equality, freedom, and justice for every individual. Human Rights are a cornerstone of modern civilization they stand for the moral and ethical precepts that uphold each person's inherent value and dignity. Since then, tremendous advancements have been made. However, a great deal of work still needs to be undertaken. Human Rights are facing several, complex difficulties in the modern world. On an international scale, marginalized communities are impacted by issues including violence, inequality, and prejudice, which continue in various manifestations.
The vulnerability of human rights to social, political, and economic forces is highlighted by the emergence of authoritarian governments, the deterioration of republican ideals, and the limitation of fundamental liberties in various regions around the globe. There have been noteworthy developments in the protection and enhancement of Human Rights despite these impediments. In response to rising awareness of developing concerns, regulatory structures and global pacts are constantly changing. Civil society organizations and grassroots campaigns play a vital role in influencing public opinion and enforcing corporate and governmental accountability. In the twenty-first century, the idea of Human Rights keeps influencing legislation, motivating social action, and calling attention to structural inequalities.
In brief, Human Rights in contemporary times encompass both everlasting ideals and ever-changing difficulties. The safeguarding of Human Rights continues to be a shared obligation as we navigate a world that is becoming more interconnected characterized by breakthroughs in technology and societal shifts. We must strive together,
persistently, and with consciousness of our shared humanity to secure justice, equality, and dignity for each and every individual. The paper analyses the relevance, issues, and achievements of Human Rights in contemporary times. Keywords: Human Rights, Contemporary times, Equality, Freedom, Justice, Individuals.
1. Introduction
During the classical era, when State sovereignty idea was prevalent, International Law was exclusively focused on States. The underlying premise of the viewpoint was that since only States can establish international law, those norms are exclusive to them. Consequently, there was no room left to include the individuals, and as a consequence, from an international perspective, they had no legal relevance. One of the most notable developments in modern international law is the way that people's positions changed following World War II. Individuals now hold a significant position in the United Nations Charter thanks to the Preamble's use of the phrase "People of the United Nations. " Their rights and obligations stemming directly from international law make them the true subjects and beneficiaries of that legal framework.
The United Nations Charter acknowledged human rights for the first time.
1.1 Meaning and Definition of Human Rights
The term "human rights" refers to the unalienable fundamental rights that every individual has by virtue of being a human being. Consequently, the concept of human rights is egalitarian and global. A fundamental component of public policy all around the world is the human rights doctrine. Human Rights have been defined differently. Some definitions are given below- According to Milne, “human rights are simply what every human being owes to every other human being and as such represent universal moral obligations. These rights can be summarized as the rights to life, to freedom from unprovoked violence and arbitrary coercion, to be dealt with honestly, to receive aid in distress and to be respected as
human beings.”1 According to Basu, “human rights are those minimum rights which every individual must have against the state or the other public authority by virtue of his being a member of the human family, irrespective of any other considerations.”2 As per Protection of Human Rights Act, “Human rights mean the rights relating to life, liberty, equality, and dignity of the individual guaranteed by the Constitution or embodied in international covenants and enforceable by courts in India.”3 In the view of A.K. Ganguli J. of the Supreme Court, “human right is a broad concept and cannot be straitjacketed within narrow confines. Any attempt to do so would truncate its all-embracing scope and reach, and denude it of its vigour and vitality.”4 Human Right, thus, reflect what a person needs in order to live a meaningful and dignified existance.
1.2 Historical Background of Human Rights
The rules of Babylon serve as the historical foundation for the defence of human rights. The Babylonian king Hammurabi gave his subjects a collection of regulations known as Hammurabi's codes, which set equitable wages, provided property protection, and mandated that accusations be proven beyond a reasonable doubt in court. Different sets of norms were developed by Assyrian law, Hittiti law, and Dhrama of the Vedic period in India to establish duties from one to another. Human rights were also safeguarded by Confucius and Lao-Tze's Chinese legal philosophy. Thus, despite their disparate substance, all of the world's main religions share a humanist viewpoint that upholds human rights. The ancient ideas and philosophical conceptions of "natural law" and "natural rights" are also the foundation of human rights.
A few of Greek and Roman philosophers acknowledged the concept of natural rights. One of the first authors to support an
1 Lloyd’s Introduction to Jurisprudence (5th Edn.)
2 D.D. Basu, Human Rights and Constitutional Law (1994).
3 Section 2(1)(d) of Protection of Human Rights Act, 1993.
4 Ram Deo Chauhan v. Bani Kant Das (2010) 14 SCC 209.
international code of ethics was Plato. Ulpian, a Roman jurist, asserted that all individuals are created equal and are entitled to freedom under the same laws. In politics, Aristotle stated that rights, justice, and virtue vary depending on the type of government and the situation. Roman statesman Cicero established the cornerstones of natural law and human rights in his writings, the Laws. Magna Carta, also known as the Great Charter of the Liberties of England, was granted by King John of England in response to the heavy tax burden. The main focus of Magna Carta was resistance against the arbitrary acts of the King. Magna Carta also instituted the jury trial system, which prevents wrongful imprisonment and detention. Magna Carta created the notion that the King's authority was constrained.
The Bill of Rights5 gave written recognition to the rule of law in England and laid the groundwork for Parliament's supremacy over the Crown. Many State declarations and constitutional documents included the phrase "fundamental rights of man. " All men are by nature equally free and independent, and they all have certain inherent rights, according to the Viginia Declaration of Rights. The fundamental goal of all political associations is the preservation of man's natural and inalienable rights, which include liberty, property, security, and resistance to condemnation. This was stated in the French Declaration of Rights of Man and Citizen of 1789. The constitutional laws of numerous states have recognised human rights since the early 1800s, marking the beginning of the realisation of the value of the human personality.
2. The Universal Declaration of Human Rights
The idea of human rights had to alter at a period when society was going through major transformation. The Holocaust unavoidably brought human rights concerns to light after World War II, elevating them to the fore in the postwar era. Every country had to acknowledge the necessity of an international instrument that would act as an attempt or effort to ensure peace and the protection of human rights due to the scars left by World War II on the human fraternity. As a result, the Commission on Human Rights issued a declaration that was crucial and would act as
5 The Bill of Rights 1689
a beacon of hope for the defence of human rights and the development of world peace. The UN Charter, which mentioned promoting respect for human rights and basic freedoms, was complemented and supported by this proclamation. The United Nations faced a significant challenge at the adoption of the United Nations Charter: putting into practice the values of respecting everyone's fundamental freedoms and human rights, regardless of their ethnicity, sexual orientation, language, or religion. A comprehensive framework for the promotion and protection of human rights was the
driving force behind the Commission on Human Rights mandate. The Drafting Committee, which was designated by the Commission on Human Rights, drafted the Declaration. After debating the Drafting Committee's report at its Third Session in June 1948, the Commission approved a draft of the Declaration to be presented to the Economic and Social Council. On December 10, 1948, the General Assembly ratified it with a resolution that became known as the Universal Declaration of Human Rights. Aside from the Preamble, it has thirty articles. Asserting that these rights are a component of the "foundation of freedom, justice, and peace in the world," the UDHR exhorts member states to advance a number of human, civil, economic, and social rights. The fundamental principles of equality, liberty, brotherhood, and dignity were incorporated into the document's construction.
The International Bill of Human Rights is composed of the following documents: the Universal Declaration of Human Rights; the International Covenant on Civil and Political Rights and its two Optional Protocols; and the International Covenant on Economic, Social, and Cultural Rights and its Addendum. 6
3. Contemporary challenges to human rights -
Seventy-five years ago, a momentous occasion took place on the global scene when countries came together to adopt The Universal Declaration of Human Rights (UDHR), a document that guaranteed justice, equality, and freedom for all people. In addition to acknowledging human rights, international law has encountered issues related to human
6 https://www.ohchr.org/en/what-are-human-rights/international-bill-human-rights
suffering through a variety of methods. Examples of such activities include war crimes, racial discrimination, gender inequity, enslavement, and genocide. A number of conventions and treaties have been ratified to outlaw or regulate these activities since the UN and international law became aware of these inhumane acts.
3.1 Genocide-
Genocide is the intentional death of human beings. The 1948 United Nations Genocide Convention provided the first definition of genocide, defining it as acts carried out with the intent of eradicating, completely or partially, a national, ethnic, racial, or religious group by means of killing group members or seriously injuring their physical or mental health. Article 6 of the Genocide Convention penalises such crimes. The fundamental right to life is immediately violated by genocide. The most fundamental human right is flagrantly violated when people are killed on purpose and in a systematic manner because of who they belong to or associate with. Genocide compromises the right to personal security by subjecting the targeted groups members to ongoing threats of violence and persecution in addition to the possibility of death.
A blatant example of prejudice based on group identity is genocide. It infringes on
people's right to be free from discrimination by singling out individuals based only on their race, religion, or other traits. Communities are upended by genocide, which results in the devastation of houses, infrastructure, and vital services. This puts survivors rights to a sufficient quality of life at jeopardy. The goal of genocide is to destroy a particular group's social, religious, and cultural identity. International human rights instruments recognise the right to keep one's cultural identity, which is violated by this. Genocide frequently entails sexual assault, torture, and other cruel acts that violate the right to be free from such treatment. Genocide is a clear threat to human rights ideals, putting the international community's commitment to upholding each person's inherent worth and dignity to the test.
Genocide must be eradicated through a multipronged strategy that includes intervention, justice, prevention, and rehabilitation. Humanity can only expect to overcome the problem of
genocide and reassert its commitment to the values of equality, justice, and everyone's fundamental rights by persistent worldwide collaboration.
3.2 Slavery and Slave Trade-
Slavery's historical legacy and the transatlantic slave trade are among the most heinous human rights crimes in recorded human history. Early in the 19th century, slavery and the slave trade were popular. Millions of people were forcibly captured, transported, and exploited throughout this heinous activity, which has permanently damaged people's perceptions throughout the world. Analysing slavery through the lens of human rights exposes a significant obstacle, since it consistently eroded the fundamental values of equality, freedom, and dignity. At the heart of the challenge posed by slavery is the egregious violation of the fundamental right to freedom. The coercion, abduction, and forced labor inflicted upon enslaved individuals stripped them of their autonomy and subjected them to brutal conditions.
The denial of the right to freedom not only dehumanized the enslaved but also contradicted the very essence of human rights. People were methodically dehumanised by slavery and the transatlantic slave trade, who saw them as nothing more than property rather than sentient beings with intrinsic worth. The fundamental rights of every human being, which uphold their inherent value and equality, are directly violated by this denial of dignity. People who were enslaved suffered from psychological and physical maltreatment, which went against the core ideas of humane treatment. People who were enslaved had ongoing dangers to their bodily and mental health, which put their human right to security in jeopardy. A culture of constant dread and insecurity was fostered by the use of violence, which included sexual exploitation, beatings, and torturing.
The continuous deterioration of fundamental human rights during this dark era of history was further highlighted by the deprivation of security. Due to their forced removal from their family, communities, and native regions, people who were enslaved experienced a loss of cultural identity. Slavery's wider effects on human rights include this threat to the freedom to engage in and enjoy one's own
culture. Repercussions from this cultural upheaval are still felt in populations descended from it. Through conventions, the international community has addressed slavery with great success. The Slavery Convention of 1926 was the first international effort to outlaw slavery and the slave trade. Furthermore, according to the UDHR, no one shall be forced into slavery or servitude. Slavery in all its manifestations is forbidden. Article 8 of the ICCPR,
1966 confers legal force upon it. As of right now, customary international law forbids
slavery. The International Court of Justice (ICJ) has interpreted the prohibition against slavery as a state's duty to the global community.
3.3 Gender Inequality-
Human rights are seriously threatened by gender inequality, which has an effect on people's lives, communities, and cultures all around the world. Human rights emphasise that every person, regardless of gender, has inherent dignity and equal rights. But enduring gender differences subvert these ideals and obstruct the development of a fair and just society. Discrimination based on a person's gender is against their fundamental right to equality. A serious violation of human rights, it can occasionally result in violence against
women, such as sexual harassment, domestic abuse, and human trafficking. The concepts of equal opportunity and fair treatment are violated by gender inequality, which gives rise to gender discrimination in the workplace. This discrimination takes the form of compensation disparities, barriers to career development, and biassed hiring practices. These problems make it more difficult for women to achieve economic empowerment and help to keep gender inequality alive. In addition, women's access to safe abortion options, family planning, and reproductive health care is restricted due to gender inequality, which violates their autonomy and freedom to make decisions about their own bodies. As a result of this discriminatory practice, women are frequently underrepresented in leadership positions in politics.
Due to the fact that a variety of viewpoints are necessary for inclusive and strong decisionmaking processes, this lack of representation threatens the values of democracy and equitable participation.
This is a problem that impacts many facets of life, such as work, healthcare, education, and decision-making involvement. Discriminatory behaviours deprive people of their fundamental human rights and maintain structural inequalities between the sexes. Examples of these behaviours include unequal wages, restricted access to education, and gender-based violence. In addition to limiting people's prospects and potential, gender disparity feeds negative beliefs and customs that support discriminatory practices. By limiting women's and girls' full participation in a variety of life arenas, it impedes social and economic advancement. Comprehensive initiatives are needed to address gender inequity, such as awareness campaigns, legislative changes, and societal mindset shifts.
Governments, civil society, and human rights organisations all play critical roles in promoting gender equality, tearing down barriers to it, and creating conditions that allow all people to exercise their fundamental human rights, regardless of gender. In addition to being a question of justice, advancing gender equality is crucial for creating inclusive and long-lasting societies. The greatest human rights challenge facing our world today, according to UN Secretary- General Mr. Antonio Guterres, is achieving gender equality and empowering women and girls. 7
3.4 Racial Discrimination-
The fundamental values of equality, dignity, and non discrimination that serve as the cornerstone of human rights frameworks around the world are threatened by racial discrimination, which presents a serious threat to human rights. This widespread problem affects people and communities all over the world and takes many different forms, including discriminatory practices, racial profiling, and institutionalised racism. Racial discrimination has far-reaching effects on people's ability to access healthcare, work, education, and other fundamental rights. It exacerbates economic inequality, 7https://www.un.org/en/global-issues/genderequality#:~:text=Gender%20equality%2C%20besides%20being%20a,spurs%20productivity%20and%20econo mic%20growth.
maintains social divisions, and perpetuates social inequalities. Furthermore, racial discrimination frequently results in hate crimes, violence, and exclusion, depriving people of their freedom to live in an environment free from prejudice and fear. A comprehensive and cooperative strategy that incorporates legislative frameworks, public
awareness campaigns, education, and the advancement of diversity and inclusion is needed to address racial discrimination. Governments, civil society, and human rights organisations are all essential in opposing discriminatory behaviours, pushing for legislative changes, and promoting mutual respect and understanding amongst varied populations. Societies can endeavour to create a more just, egalitarian, and inclusive world that respects each person's inherent rights and dignity, irrespective of their race or ethnicity, by tackling racial prejudice.
3.5 War Crimes-
Since war crimes entail the breaking of established international humanitarian rules intended to safeguard people during armed conflicts, they pose a serious threat to human rights. These crimes include a variety of heinous acts that are prohibited by the Geneva Conventions and other international treaties and are deemed abhorrent in any situation. Intentional harm to people, indiscriminate attacks, sexual assault, torture, forced relocation, and the use of weapons that are forbidden are examples of war crimes. In addition to causing immediate injury to victims, such acts foster a climate of dread, insecurity, and generalised misery among people. The fundamental tenets of human rights, respect for human dignity, preservation of life, and the avoidance of cruelty are compromised by the commission of war crimes.
The dismantling of societal structures by war crimes results in enduring physical, psychological, and social repercussions for the impacted communities. International collaboration, accountability systems, and initiatives to uphold and enforce international humanitarian law are all necessary to combat war crimes. To create justice and prevent such atrocities in the future, war crime perpetrators must be brought to justice by local or international courts. Furthermore, preventing war crimes and advancing a world where human rights are respected even in times of conflict require preventive
measures, conflict resolution techniques, and peace-building programmes.
4. Positive developments and success stories of Human Rights-
4.1 Advances in LGBTQ+ Rights
Significant progress in LGBTQ+ rights over the last few decades has improved the state of human rights in general. Important turning points and advancements include: a. Legal Recognition and Protection: In order to protect LGBTQ+ people, numerous nations have decriminalised homosexuality and passed anti-discrimination laws. Many countries have recognised the right of LGBTQ+ people to marry and start families by legalising same-sex unions. b. Visibility and Representation: Better representation of LGBTQ+ people in politics, the media, and other public domains has aided in dispelling myths and fostering understanding. More inclusive stories are being told thanks to the improvement in LGBTQ+ character representation in a variety of entertainment mediums. c.
Healthcare and Service Access: Advances have been achieved in tackling healthcare inequalities, including better access to LGBTQ+ affirming healthcare services and heightened knowledge of LGBTQ+ health issues. d. Employment and Anti-Discrimination Measures: A number of nations have put in place anti-discrimination laws in the workplace, protecting people on the basis of their gender identity and sexual orientation. In order to help LGBTQ+ employees, businesses and organisations are adopting inclusive policies and practices at a growing rate. e. International Recognition: Groups and organisations working to defend LGBTQ+ people around the world have acknowledged LGBTQ+ rights as human rights. Numerous UN organisations fight violence and discrimination against people based on their gender identity and sexual orientation, as well as advancing LGBTQ+ rights.
Diverse governments, activists, and organisations struggle to advance equality and defend the rights of LGBTQ+ people on a national and international scale in the promotion of LGBTQ+ rights. The following are instances of initiatives and movements at both levels:
A. International Movements:
a. United Nations Free & Equal Campaign: This initiative was started in July 2013 by the Office of the United Nations High Commissioner for Human Rights (OHCHR). The Free & Equal initiative seeks to advance LGBTQ+ equality on a global scale. It consists of tools to combat discrimination and awareness-raising initiatives. 8 b. The International Lesbian, Gay, Bisexual, Transgender, and Intersex Association, or ILGA World: It is a global alliance of LGBTQ+ groups that promotes equality. In addition to promoting freedom from all types of stigmatization and discrimination, ILGA seeks to promote equality for all individuals, irrespective of their sexual orientation, gender identity or expression, or sex characteristic. They collaborate with the UN and other international organisations to advance inclusive laws and policies. 9 c.
World Pride events: Hosted in various places across the globe, World Pride unites allies and LGBTQ+ communities in celebration of diversity and the pursuit of equal rights.
B. Indian Initiatives:
To promote and normalise the existence of this community, numerous nations have legalised same-sex marriage and enacted other regulations. The following legislation have been passed by the Indian government to support and normalise the LGBTQ+ community: a. Decriminalization of Section 37710 - In the year 2018, the Supreme Court of India has partly decriminalised the Section 377 of the Indian Penal Code.11 With a majority decision, the Court declared that Section 377 violated the fundamental rights to autonomy, intimacy, and identity, thereby legalising homosexuality in India. The ruling represented a little milestone in the fight for the LGBTQ community's equal acceptance and normalisation.
8 https://www.unfe.org/about-2/
9 https://www.ilgaasia.org/about
10 The Indian Penal Code, 1860 Section 377 Unnatural Offences.
11 Navtej Singh Johar v. Union of India AIR 2018 SC 4321
Similar to the decriminalisation of Section 377, court petitions are submitted to recognise weddings between people of the same sex. On October 17, 2023, the Indian Supreme Court unanimously decided against legalising same-sex unions. However, the court also reaffirmed the constitutional rights of LGBT citizens and gave state legislatures or parliament the authority to pass laws that would "meet challenges" faced by the LGBT community and govern their rights. 12 b. Transgender Persons (Protection of Rights) Act, 201913 - A number of rulings and pieces of legislation have been issued in an effort to restore the status of the transgender community. The Supreme Court of India has acknowledged transgender people as belonging to the third gender in the case of National Legal Services Authority v. Union of India.
14 It was the most well-known ruling, and along similar lines, the first-ever bill for the rights of the transgender community was proposed in 2014 sadly, it expired in
2016. When the current law was introduced in 2019, it drew harsh criticism. The goal
of this act is to give transgender persons equal access to employment, education, and other opportunities. In addition to outlawing discrimination against the transgender population, the Act sanctions abuse of transgender people under the Indian Penal Code, Section 354, Section 354A, Section 354B, Section 376, Section 498A, and Section 499. Additionally, this piece of legislation covers medical facilities, shelters, and community rehabilitation. It also offers protections for the wellbeing of transgender community members and further shields them from their antagonistic family. c. Reservation to Transgender People - In the year 2014, the Apex Court declared transgender as the third gender. 15 This declaration makes the transgender person eligible for India's reservation policy. The Indian Constitution provides educational and economic reservations to the transgender people. d.
Rights under Constitution of India - Following the Independence War, the Indian Constitution was drafted in and of itself, the drafting process marked freedom from all 12 https://web. archive. org/web/20231017073042/https://thewire. in/law/marriage-equality-supreme-courtdecision
13 Transgender Persons (Protection of Rights) Act, 2019
14 AIR 2014 SC 1863
15 National Legal Services Authority v. Union of India AIR 2014 SC 1863
restrictions. The Constitution contains Articles 14, 15, and 2116, which ensure that everyone enjoys the fundamental human rights of equality and life. Every person's right to life and personal liberty is guaranteed by Article 21 , and discrimination on the basis of religion, race, caste, sex, or place of birth is outlawed by Article 14. The Supreme Court ruled in National Legal Services Authority v. Union of India that discrimination based on gender identification is forbidden by the constitution. Together, these movements support and acknowledge the equality and dignity of every person, irrespective of their gender identity or sexual orientation, and advance LGBTQ+ rights globally. The largest battle to modify marriage, adoption, and all other relevant laws is still to come, therefore the legislations protecting the rights of the LGBTQ population are really baby steps at this point.
4.2 Gender Equality and women empowerment
Embodying the values of justice, fairness, and equal opportunity for all people, gender equality and women's empowerment constitute noteworthy accomplishments in the field of human rights. Attaining gender parity is regarded as an essential human entitlement, and it is underscored in numerous global accords and structures. Here are a few facets of the state of gender equality as of right now: a. Legal and Policy Frameworks: To advance gender equality, numerous nations have worked to fortify their legal and policy frameworks. In different regions, laws pertaining to topics like equal pay, anti-discrimination, and violence against women have been passed or enhanced. b. Women's Empowerment: Advancements have been made in support of women's economic involvement, education, and empowerment. More women are pursuing leadership roles and careers that were formerly dominated by men. c.
Global Promises: Goal 5 of the Sustainable Development Goals (SDGs) of the United Nations is to achieve gender equality and empower all women and girls. This shows a 16 The Constitution of India, Article 14 – Equality before law, Article 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. & Article 21 - Protection of life and personal liberty.
commitment to addressing gender inequities on a global scale. The issue of violence against women has garnered attention, leading to the implementation of legal measures, awareness campaigns, and support services. Violence against women is still a serious problem, though. d. Gender Pay Gap: Gender equality aims to close the gender pay gap and ensure that women are fairly compensated for the contributions they make in the workplace. It promotes equal pay for equal labour. Attempts are underway to close this disparity with legislative actions and business strategies. A variety of organisations, governments, and activists are involved in national and
worldwide initiatives aimed at achieving gender equality and women's empowerment. Here are a few instances of each level's initiatives:
A. International Efforts:
a. The Sustainable Development Goals (SDGs) of the United Nations: The goal of attaining gender equality and empowering all women and girls is addressed in Goal 5. It has goals for putting a stop to violence, guaranteeing equal opportunity, and advancing female leadership. b. UN Women: Dedicated to promoting gender equality and women's empowerment, UN Women is an organisation under the United Nations. It advocates for women's equal involvement in all facets of life, works globally to bring the Sustainable Development Goals to reality for women and girls, and supports governments in putting genderresponsive policies into place. 17 c. CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women): The third international convention that covers discrimination and women's rights is CEDAW.
A foundation for attaining gender equality is provided by CEDAW, which many nations have ratified and are dedicated to putting into practice. 18
17 https://www.unwomen.org/en/about-us/about-un-women
18https://www.ohchr.org/en/instruments-mechanisms/instruments/convention-elimination-all-formsdiscrimination-against-women
d. HeForShe Campaign: Launched by UN Women, the HeForShe campaign19 inspires boys and men to become involved in the cause of gender equality. It highlights how crucial it is to involve everyone in the movement to empower women. e. Beijing Declaration and Platform for Action: Adopted at the Fourth World Conference on Women in 1995, the Beijing Declaration20 is a landmark document outlining key principles for the advancement of women's rights and gender equality. f. UN Global Compact: Under the UN Global Compact, companies are urged to implement socially conscious and sustainable practices, such as advancing gender equality in the workplace.
B. Indian Initiatives-
India has put in place a number of programmes to empower women and advance gender equality. Here are a few noteworthy projects: a. Legal Changes: The Protection of Women from Domestic Violence Act21 gives victims of domestic abuse legal options in addition to its primary goal of protecting women from such abuse. The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act22 is a legal framework that tackles workplace sexual harassment and requires organisations to form Internal Complaints Committees (ICCs). b. Education and Skill Development: The government's Sarva Shiksha Abhiyan (SSA) programme aims to make primary education accessible to all. The campaign, known as Beti Bachao, Beti Padhao, was started to combat gender inequality and promote girls education.
Its main goals are to stop female feticide and increase the effectiveness of social services intended for girls. It also highlights the significance of education for girls and marginalised groups. c. Health and Nutrition: By giving pregnant women financial aid, the Janani Suraksha Yojana promotes institutional delivery. Poshan Abhiyan (National Nutrition Mission),
19 https://www.heforshe.org/en
20 https://www.unwomen.org/en/digital-library/publications/2015/01/beijing-declaration
21 The Protection of Women from Domestic Violence Act, 2005.
22 The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
established to combat malnutrition, focuses on the health and nutritional needs of expectant mothers, nursing mothers, and children. It also attempts to lower the rates of maternal and newborn mortality. d. Entrepreneurship and Employment: Mahila e-Haat is an online marketing platform for women entrepreneurs that aims to promote and showcase products made by women. Stand Up India is an initiative that makes bank loans available to women, Scheduled Castes (SC), and Scheduled Tribes (ST) entrepreneurs to encourage entrepreneurship and self-employment. e. Women's Helpline and Safety: Women Helpline (181) is a free helpline that offers support to women who need it, particularly those who are being harassed or subjected to violence. It's crucial to remember that obstacles still stand in the way of achieving compl ete gender equality, and that these measures efficacy may vary.
To address current issues and support the ongoing efforts to achieve gender equality and women's empowerment, the joint efforts of national and international initiatives, as well as the corresponding governments, NGOs, and activists, are crucial.
4.3 Combating Human Trafficking -
In order to safeguard and advance human rights, stopping human trafficking is an important and admirable accomplishment. A horrible crime that transgresses the fundamental values of equality, freedom, and human dignity is human trafficking. International organisations, governments, non-governmental organisations, and the global community must work together to make this undertaking successful. Fighting human trafficking helps in the following ways: a. Right to Freedom and Security: Forced and unlawful migration of people, frequently against their will, is a component of human trafficking. Fighting human trafficking guarantees people's freedom and security by shielding them from kidnapping, forc ed labour, and other forms of exploitation. b. Right to Life, Liberty, and Security of Person: The lives and personal
security of victims of human trafficking are frequently in grave danger. Societies strive to protect each person's fundamental rights to life, liberty, and security by combating human trafficking. c. Right to be Free from Slavery and Servitude: Forced labour and other types of exploitation are common outcomes of human trafficking, which leads to contemporary slavery. To protect the right to be free from slavery and servitude, efforts are being made to end these practices in the fight against human trafficking. d. Freedom from Torture and Cruel, Inhuman, or Degrading Treatment or Punishment: Victims of human trafficking can face physical and psychological abuse. It is in line with human rights declarations and agreements to combat human trafficking and to forbid torture and cruel, brutal, or degrading treatment. e.
Right to Justice and Remedies: Effective anti-trafficking initiatives must ensure that those who commit crimes are held responsible and that victims receive justice and remedies. This guarantees access to legal recourse and help for victims of human trafficking.
A. International Movements:
a. Global Plan of Action to Combat Trafficking in Persons: The United Nations has created a Global Plan of Action to Combat Trafficking in Persons, which offers nations a thorough framework for dealing with human trafficking. It places a strong emphasis on prosecution, safety, and prevention. b. The United Nations Office on Drugs and Crime (UNODC) is in charge of spearheading international initiatives to stop human trafficking. In order to solve trafficking challenges, it develops resources and methods, offers technical help, and promotes international cooperation. c. Blue Heart Campaign: Started by UNODC, this initiative urges people and organisations to take action against human trafficking by bringing attention to the issue.
d. Palermo Protocol: An addendum to the United Nations Convention against Transnational Organised Crime is the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. It defines human trafficking internationally and provides preventative strategies. e. Global Report on Trafficking in Persons: Every year, the UNODC publishes a Global Report that offers a thorough assessment of the global situation regarding human trafficking, including trends and countermeasures. Combating human trafficking necessitates an all-encompassing and cooperative strategy that blends global norms with customised tactics suited to the particular difficulties faced by every area. Addressing the underlying causes, upholding the law, helping victims, and encouraging a culture of knowledge and alertness are all necessary for effective prevention.
B. Indian Efforts-
Since human trafficking is acknowledged as a grave violation of human rights, India has launched a number of steps to address it. The government has taken a number of actions to address various facets of human trafficking, including prevention, rescue, rehabilitation, and the prosecution of criminals, in partnership with non-governmental organisations (NGOs) and international agencies. Among the important initiatives are: a. South Asian Association for Regional Cooperation (SAARC): The Convention on Preventing and Combating Trafficking in Women and Children is administered by the South Asian Association for Regional Cooperation (SAARC)23. This regional agreement, to which India is a party, intends to encourage collaboration among SAARC nations in the fight against human trafficking. b.
Integrated Anti-Human Trafficking Units (AHTUs): To improve the legal system's reaction to human trafficking, the Ministry of Home Affairs established AHTUs around the nation. These departments are in charge of cooperating with other relevant parties and looking into cases of human trafficking.
23 https://www.saarc-sec.org/
c. Anti-Human Trafficking Police Guidelines: To help law enforcement agencies handle trafficking cases more effectively, the Ministry of Home Affairs has released guidelines. These standards emphasise working with other stakeholders, victim-friendly methods, and effective investigative tactics. d. Ujjawala Scheme: The Ministry of Women and Child Development launched the Ujjawala Scheme24, which aims to prevent, rescue, rehabilitate, and reintegrate victims of trafficking for the purpose of commercial sexual exploitation. It offers health care, therapy, housing, legal assistance, and skill development. e. Operation Smile and Operation Muskan: Law enforcement organisations across have started Operation Smile and Operation Muskan to recover missing and trafficking children.
In order to locate and rescue children who have been the victims of human trafficking and exploitation, these operations entail concerted efforts by police, NGOs, and other partners. f. National Plan of Action for Children (NPAC): This plan outlines tactics and recommendations for stopping child trafficking, shielding victims, and bringing offenders to justice. It places a strong emphasis on cooperation and coordination between different sectors and stakeholders. Notwithstanding these endeavours, certain obstacles still exist, such as the requirement for enhanced victim protection protocols, heightened awareness, and better coordination among diverse parties. In order to effectively prevent human trafficking, ongoing efforts are concentrated on fortifying the legal framework, improving law enforcement capabilities, and promoting international collaboration.
5. International and National Movements towards Human Rights Promotion
Over the years, a large number of national and worldwide movements have developed to support human rights, calling for the defence and acknowledgement of fundamental freedoms and rights for every person. These movements seek to change policies, garner support, and increase public awareness. A few of them are: 24 https://wcd.nic.in/schemes/ujjawala-comprehensive-scheme-prevention-trafficking-and-rescue-rehabilitationand-re
5.1 International Movements:
a. Amnesty International: A multinational movement called Amnesty International seeks to stop violations of human rights all around the world. They carry out studies, push for legislative modifications, and inspire people to take up causes. b. International Federation for Human Rights (FIDHA): It is a global organisation dedicated to protecting human rights, FIDH unites the initiatives of different human rights organisations. Often concentrating on areas facing major obstacles, they strive to uphold and advance human rights throughout the world. c. Global March Against Child Labour: The global goal of this movement is to end child labour. To promote awareness and support legislation to stop child labour, a coalition of NGOs, trade unions, and private citizens collaborate. d.
MeToo Movement: The #MeToo movement, which got its start on social media, has grown to become a worldwide phenomenon that opposes sexual harassment and assault. It has given people the confidence to tell their tales, raised awareness, and changed legislation. e. World Day Against Trafficking in Persons: This international day, which has been recognised by the UN, aims to promote the rights of trafficking victims and increase awareness of human trafficking. It motivates authorities and institutions to combat this type of exploitation.
5.2 National Movements:
a. Women's Suffrage Movement (The UK and The United States) Voting rights are known as "suffrage," and women were denied these rights for centuries. The fight for women's voting rights and equal rights was led by women's suffrage movements. All women 30 years of age and older were granted full voting rights under the Representation of the People Act. Women were granted the right to vote in 1920 by the 19th Amendment. Significant social and legal improvements for women were brought about by the movements, which took occurred in several nations.
b. Civil Rights Movement (United States) Civil Rights Movement25 was an effort to end legal racial discrimination against African Americans through reform. Black Americans fought for social justice, mostly in the 1950s and 1960s, to get equal legal rights in the United States. To get civil rights legislation passed, activists like Martin Luther King Jr. organised nonviolent demonstrations. c. Black Lives Matter (United States) Black Lives Matter26 is an international social justice activism movement that started in the US and has now expanded to other countries. The BLM movement contributes to the struggle against prejudice against individuals of colour. In 2013, the campaign started in reaction to a legal matter. BLM is another name for it. Numerous objectives drive the Black Lives Matter movement.
The movement strives to ensure that Black people receive fair treatment and to combat racism. In addition, the movement strives to put an end to violence against Black people. Black people have always been the target of injustice. These movements whether global or domestic have been essential in influencing the conversation around human rights and bringing about constructive improvements. They serve as an example of the effectiveness of lobbying and group action in advancing and defending fundamental liberties.
6. Judicial Pronouncements to promote Human Rights
6.1 International Judgements
a. Rantsev versus Cyprus and Russia27 The Court ruled that a 20-year-old Russian cabaret performer was not shielded from human trafficking by either the Russian or the Cypriot government. The Court
25 https://www.history.com/topics/black-history/civil-rights-movement
26 https://cases.open.ubc.ca/black-lives-matter/
27 Rantsev v. Cyprus and Russia, Application no. 25965/04, Council of Europe: European Court of Human Rights, 7 January 2010, available at: https://www.refworld.org/cases,ECHR,4b4f0b5a2.html
determined that both countries had violated Article 4 and that Cyprus had violated Articles 2 (right to life) and 5 (right to liberty and security). This is the first ruling regarding human trafficking. b. Opuz versus Turkey (9 June 2009)28 The Court determined that the applicant's and her mother's abuse was related to their gender and thus constituted discrimination against women. The Court denounced the general insensitivity of the Turkish legal system to domestic abuse, which primarily affects women, as well as the perpetrators impunity. Articles 2 (right to life), 3 (prohibition of torture and ill-treatment), and 14 (prohibition of discrimination) were all determined to have been violated, according to the Court. This is the first ruling in the case of domestic abuse.
6.2 Indian Judgements
a. Vishaka v. State Of Rajasthan29 In terms of women's working conditions, this was undoubtedly a historic case in the history of human rights. It was decided by the court that there had been blatant violations of all international accords to which India was party as well as Articles 14, 15, and 19 (1) of the Indian Constitution. b. Indian Young Lawyers Association and Ors. v. The State of Kerala and Ors. 30 This case, known as the Sabrimala case, was notable for dispelling illusions about religion and for its importance in the field of human rights. Women who are menstruation and between the ages of 10 and 50 are prohibited from entering the Sabrina temple, which is situated inside the Periyar Tiger Reserve in Kerala.
After a protracted trial, the Supreme Court ruled that the act of devotion to a deity is not subject to the rigidity and orthodoxy of gender, which as a result affects the dignity of women and degrades 28 Opuz v. Turkey, Application no. 33401/02, Council of Europe: European Court of Human Rights, 9 June 2009, available at: https://www. refworld. org/cases,ECHR,4a2f84392. html
29 AIR 1997 SC 3011
30 2018 SCC OnLine Ker 5802
their status. The Supreme Court had been granted restrictions over the matter through Article 3231 of the Indian Constitution. The Supreme Court ruled that gender discrimination cannot be applied to devotion, permitting women to enter the Sabarimala temple while preserving human rights norms. c. Navtej Singh Johar v. Union Of India32 The Supreme Court based its decision in this instance on Article 14. The court ruled that it is against the natural order, improper, illogical, and unrelated to reason to criminalise two people having consensual sex just because one of them identifies as homosexual.
7. Conclusion
In conclusion, the state of human rights in the modern era is characterised by resilience and complexity. Given the universality of human rights concepts and the dynamic nature of obstacles, addressing concerns at the local, national, and international levels requires a concerted effort throughout time. The pursuit of human rights continues to be an unshakable commitment to creating a more just, inclusive, and compassionate global community as we negotiate the complexities of our contemporary environment. Though the obstacles may seem overwhelming, the victories won for the sake of human rights give hope for a time when each person's dignity is not only respected but also zealously guarded.
31 Constitution of India Article 32 – Remedies for enforcement of rights conferred by this Part.
32 Writ Petition (Criminal) N0. 76 OF 2016