Realizing Human Rights In Rural India - A Study Of Selected Gram Panchayats Of Indian Punjab

Author: LawSphereX

Category: Constitutional & Human Rights

Published: 2026-08-23T20:50:24.123028+00:00

Updated: 2026-08-26T17:09:55.575+00:00

REALIZING HUMAN RIGHTS IN RURAL INDIA: A STUDY

OF SELECTED GRAM PANCHAYATS OF INDIAN PUNJAB

Prof. Kanhaiya Tripathi, Chair Professor, Dr. Ambedkar Chair, Central University of Punjab, Bathinda, India Dr. Puneet Pathak, Associate Professor, Department of Law, Central University of Punjab, Bathinda, India Vagisha Nandini, Ph.D. Research Scholar, Department of Law, Central University of Punjab, Bathinda, India

ABSTRACT

The study was conducted in selected gram panchayats located in the Bathinda district in Indian Punjab to find out the status of realization of specific human rights viz. right to education, right to health and right to political participation in these panchayats. Data was collected through survey questionnaire from members of selected gram panchayats and beneficiaries residing in these panchayats availing benefits of governmental schemes ensuring right to health, education and political participation. The study identified discrepancies between the claims of panchayat members regarding their performance in realization of the rights and the experiences of the beneficiaries in this regard.

While panchayat members reported satisfactory access to services and schemes, beneficiary responses painted a different picture, highlighting shortcomings in infrastructure and service delivery across the rights. The study also found that there was a disconnect between the promises made by panchayat members and the reality on the ground. The study highlights the need for targeted interventions to improve the realization of rights such as regular training for the panchayat members, upgradation of infrastructure, and employment of engagement strategies for the beneficiaries.

Introduction Human rights comprise the essential entitlements fundamentally held by every individual, regardless of race, gender, citizenship, ethnicity, language, religion, or any other social status. 1 Human rights comprise a spectrum of essential entitlements, including civil, political, economic, social, cultural, and collective rights, which are protected by the Constitution or enshrined in International Covenants. 2 These rights are legally enforceable by the courts of India, as stipulated in Act No. 10 of 1994. 3 The Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly on 10 December 1948 through resolution 217 A (III), serves as a “common standard of achievements for all peoples and all nations”. 4 The Universal Declaration of Human Rights is a milestone document on human rights that all individuals and nations are required to acknowledge and uphold.

5 It acknowledged civil and political rights as well as economic, social, and cultural rights. Art 3 to 21 of the UDHR proclaim the civil and political rights, while Art 22 to 28 enshrine the economic, social, and cultural rights. 6 These rights range from the right to life, liberty, and security of a person to favorable conditions of work, equal pay for equal work, to marry and raise a family and to participate in government and the social life of the community. 7 After twenty years of UDHR, the UN adopted two human rights covenants, ICCPR and ICESCR. 8 The fundamental international human rights treaties establish international standards for protecting and promoting human rights, to which every state may become a signatory by complying with these treaties. 9 Each State party is required to ensure that everyone within its borders can enjoy the rights specified in the treaty. 10

1 José Ayala-Lasso et al., Encyclopedia of Human Rights (Edward H. Lawson ed., 2. ed ed. 1996).

2 Judith R. Blau, Human Rights: Beyond the Liberal Vision (1st ed ed. 2005).

3 Dr Rakeshkumar Maruti Kamble, Human Rights Enforcement Machinery In India (2023)

4 Guðmundur Alfreðsson & Asbjørn Eide, The Universal Declaration of Human Rights: A Common Standard of Achievement (1999).

5 Mary Ann Glendon, Knowing the Universal Declaration of Human Rights, 73 NOTRE DAME LAW REVIEW

1153 (1998).

6 International human rights law: six decades after the UDHR and beyond, (Mashood A. Baderin & Manisuli Ssenyonjo eds., 2016).

7 The Routledge companion to music and human rights, (Julian Fifer et al. eds., 2022).

8 The SAGE handbook of human rights, (Anja Mihr & Mark Gibney eds., 2014).

9 Christine Min Wotipka & Kiyoteru Tsutsui, Global Human Rights and State Sovereignty: State Ratification of International Human Rights Treaties, 1965–2001, 23 Sociological Forum 724 (2008). 10 Sigrun Skogly, Beyond National Borders: States’ Human Rights Obligations in International Cooperation (2006).

India is a founding member of the UN. 11 The UN Charter recognizes that the world's freedom, justice, and peace are predicated on the inherent dignity and equal and inalienable rights of all members of the human family. 12 This is the foundation upon which freedom, justice, and peace can exist. These liberties stem from the inherent worth of the human being. As a signatory to the UN Charter, India is obligated to promote universal respect and observance of human rights and freedoms. 13 The Indian government has ratified the following UN human rights treaties: Table 1: Human Rights Treaties ratified by India As a signatory to the above-mentioned international human rights conventions, India is bound to uphold and guarantee the rights enshrined in these covenants to all individuals within its jurisdiction and territory.

Moreover, as per Article 2 of ICCPR & ICESCR, each State Party to these Covenants undertakes, in accordance with its constitutional procedures, to take the steps and adopt the laws and other measures necessary to give effect to the rights recognized in these international human rights treaties. 14 Human Rights under Indian Constitution Drawing significant inspiration from the Universal Declaration of Human Rights (UDHR) of 1948, India adopted its Constitution on December 26, 1949. Part III of the Constitution of India confers Fundamental Rights, which can be categorized as civil and political rights. Conversely,

11 Sushil Chandra Singh, India and The UN, 25 The Indian Journal of Political Science 85 (1964).

12 Glenn Hughes, The Concept of Dignity in the Universal Declaration of Human Rights, 39 Journal of Religious Ethics 1 (2011). 13 Joel E. Oestreich, The UN and the Rights-Based Approach to Development in India, 20 Global Governance 77 (2014).

14 Alan Brudner, The Domestic Enforcement of International Covenants on Human Rights: A Theoretical

Framework, 35 The University of Toronto Law Journal 219 (1985).

Part IV of the Constitution encompasses Directive Principles of State Policy (DPSP), which encompass a range of social, economic, and cultural rights. 15 As per the Advisory Committee of the UN Human Rights Council (HRCAC), the level of autonomy exercised by individuals and local governing bodies can be considered a significant measure of authentic democracy. The HRCAC asserts that political, fiscal, and administrative decentralization plays a crucial role in the localization of democracy and the protection of human rights. 16 Jawaharlal Nehru, the inaugural Prime Minister of India, expressed the notion that self-governance serves as the fundamental and indispensable foundation for a genuinely democratic society. 17 The establishment of a consolidated democracy necessitates the construction of its foundational elements from grassroots levels.

Table 2: Rights under UDHR and Indian Constitution

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Table 3: Rights under ICCPR and Indian Constitution Table 4: Rights under ICESCR and Indian Constitution Panchayati Raj Institutions On September 25, 2015, world leaders adopted the 2030 Agenda for Sustainable Development, a set of 17 Sustainable Development Goals (SDGs) to end poverty, fight inequality and injustice, and tackle climate change by 2030.18 All the SDGs have targets directly related to the 18 Ved P Nanda, The Journey from the Millennium Development Goals to the Sustainable Development Goals, 44

389 (2016).

responsibilities of local and regional governments. 19 Local self-governance (LSG) refers to the local body or authority's administration and oversight of local affairs. The constitutional status of Local Self-Government (LSG) was granted through the 73rd and 74th Constitutional Amendments in 1992, as stated in the 6th Report of the Second Administrative Reforms Commission in 2007. 20 According to the estimation provided by the World Bank, approximately 65. 07% of the people residing in India is classified as rural. 21 The responsibility for rural Local Self-Government (LSG) lies with the Panchayati Raj Institutions (PRIs). PRIs operate at many administrative levels, including the village, intermediate (block), and district levels. 22 At the village level, there exist an estimated 255,487 Village Panchayats.

There are 6,829 Intermediate Panchayats at the block level, and at the district level, there are 659 District Panchayats. According to the Annual Report of the Ministry of Panchayati Raj for the year 2020-21, the total number of elected representatives across all three tiers is 31,88,981. Article 243G of the Indian Constitution delineates the power, authority, and responsibilities of Panchayats, which are contingent upon the provisions of the Constitution. 23 Additionally, the Legislature of a State has the prerogative to enact laws pertaining to the formulation of plans for economic development and social justice, as well as the execution of schemes for economic development and social justice that may be assigned to Panchayats. 24 These responsibilities encompass matters outlined in the Eleventh Schedule.

The Eleventh Schedule of the Constitution encompasses a range of duties assigned to Panchayats, which are directly linked to safeguarding the human rights of the rural populace. This encompasses a diverse array of economic and livelihood endeavors, such as agriculture, including agricultural extension services, land development initiatives, land reforms, soil conservation practices, irrigation systems, water management strategies, animal husbandry practices, dairying operations, poultry farming, fisheries management, social forestry initiatives, and farm forestry practices. 25 Various activities are undertaken to guarantee a

19 Mahmoud Safwat Mohieldin et al., Business, Government and the SDGs: The Role of Public-Private

Engagement in Building a Sustainable Future (2023). 20 Farid Uddin Ahamed, M. Saiful Islam & Amir Mohammad Nasrullah, Rethinking Development in South Asia: Issues, Perspectives and Practices (2022).

21 G. V. Rathnamala & G. P. Shivashankara, An Evidence-Based Approach towards Identifying Household

Emerging Pollutants in Rural Areas in Southern Karnataka, 12 Journal of Water, Sanitation and Hygiene for Development 498 (2022). 22 Rajbir Singh Dalal & Sandeep Dhilon, Decentralised Governance in India: An Evaluation in Context of Panchayati Raj Institutions, 69 Indian Journal of Public Administration 638 (2023).

23 Vinayak Narain Srivastava, Local Governance in India: The Panchayati Raj (2024).

24 George Mathew, Panchayati Raj from Legislation to Movement (1994).

25 Stephanie Katsir et al., Governing Soils Sustainably in India: Establishing Policies and Implementing Strategies through Local Governance, 14 Soil Security 100132 (2024).

dignified standard of living, encompassing aspects such as rural housing, access to clean drinking water, provision of fuel and feed, establishment of roads, culverts, bridges, ferries, waterways, and other modes of communication. Additionally, efforts are made towards rural electrification, including the distribution of electricity, utilization of non-conventional energy sources, and the establishment of markets and fairs. To ensure equality and a minimum standard of living conditions, the panchayat has been mandated for poverty alleviation programme and public distribution system. 26 Panchayat ensures educational rights, including primary and secondary education, technical training and vocational education, adult and non-formal education, and libraries.

It is also responsible for health, sanitation, and family welfare, including establishing and maintaining hospitals, primary health centres, and dispensaries. 27 Social welfare projects and activities, such as those for women's and children's empowerment, the disabled and the mentally retarded, those who are poor, and, in especially, the members of the marginalized groups known as Scheduled Castes and Scheduled Tribes, are delegated to panchayats. 28 It is also empowered to carry out cultural activities and maintenance of community assets. 29 Realizing Human Rights through Panchayati Raj The realization of human rights is measured in the terms of the “respect, protect and fulfil” framework by international human rights bodies. 30 This typology though introduced by Henry Shue in 1980 is credited to Asbjørn Eide who introduced it in a slightly different form in 1987.

31 Although, this framework was devised in connection with the realization of social, economic and cultural rights, this framework is now used in connection of human rights in general. 32 This framework was formally adopted only in 1997 when it was mentioned in the Maastricht Guidelines on Violations of Economic, Social and Cultural Rights. 33 Later, the 26 Katsushi S Imai & Takahiro Sato, Decentralization, Democracy and Allocation of Poverty Alleviation Programmes in Rural India, 24 Eur J Dev Res 125 (2012).

27 N. S. Deodhar, Primary Health Care in India, 3 Journal of Public Health Policy 76 (1982).

28 M. Gopinath Reddy, Status of Decentralised Local Bodies: Post-73rd Amendment Scenario, 38 Economic and Political Weekly 1284 (2003). 29 Bijon Gopal Banerjee, Anil Kishore Sinha & Roop Narain Vasishat, Panchayati Raj and Empowerment of Women (2004). 30 David Jason Karp, What Is the Responsibility to Respect Human Rights? Reconsidering the ‘Respect, Protect, and Fulfill’ Framework, 12 Int. Theory 83 (2020). 31 Judith V. Welling, International Indicators and Economic, Social, and Cultural Rights, 30 Human Rights Quarterly 933 (2008).

32 Arjun Sengupta, Archna Negi & Moushumi Basu, Reflections on the Right To Development (2005).

33 Audrey R. Chapman & Sage Russell, Core Obligations: Building a Framework for Economic, Social and

Cultural Rights (2002).

framework appeared in the General Comment 12 on the right to food (1999)34, General Comment 13 on right to education (1999)35 and the General Comment 14 on the right to health (2000)36. The framework since then has been in use to categorize and to analyse responsibility of human rights, operationalize and measure responsibility of human rights, to understand the nature of human rights obligations of the state parties to the human rights treaties. The obligation to respect requires States to refrain from interfering with the enjoyment of economic, social and cultural rights. 37 The obligation to protect requires states to prevent violations of such rights by third parties. 38 The obligation to fulfil requires States to take appropriate legislative, administrative, budgetary and other measures towards the full realization of such rights.

39 The fourth aspect of human rights realization was added i. e. , promote by van Hoof in 1984. 40 The present study analysed the realization of human rights through four set of obligation of human rights framework (RPFP Framework). These four aspects are understood as: to respect by not violating the human rights of the individual, to protect by prevention others from human rights violation, to fulfil by developing a system to realize human rights, to promote advertise/ aware about human rights. 41 Specific Human Rights and related Schemes (a) Right to Education National Education Policy 2020 defined education as fundamental for achieving full human potential, developing an equitable and just society, and promoting national development. 42 Sustainable Development Goals 4 aims to ensure inclusive and equitable quality education for

34 George Kent, Freedom from Want: The Human Right to Adequate Food (2005).

35 A Human Rights Based Approach to Education For All, (2007).

36 Alicia Ely Yamin, Will We Take Suffering Seriously? Reflections on What Applying a Human Rights Framework to Heath Means and Why We Should Care, 10 Health & Hum. Rts. 45 (2008). 37 Manisuli Ssenyonjo, Reflections on State Obligations with Respect to Economic, Social and Cultural Rights in International Human Rights Law, 15 The International Journal of Human Rights 969 (2011).

38 Kok-Chor Tan, 3 THE DUTY TO PROTECT, in Humanitarian Intervention 84 (Terry Nardin & Melissa S.

Williams eds., 2022), https://www.degruyter.com/document/doi/10.18574/nyu/9780814758960.003.0008/html (last visited Apr 8, 2025). 39 Veronika Bílková, The Nature of Social Rights as Obligations of International Law: Resource Availability, Progressive Realization and the Obligations to Respect, Protect, Fulfil, in Research Handbook on International Law and Social Rights (Christina Binder et al. eds., 2020), https://china.elgaronline.com/view/edcoll/9781788972123/9781788972123.00009.xml (last visited Apr 8, 2025).

40 I. E. Koch, Dichotomies, Trichotomies or Waves of Duties? 5 Human Rights Law Review 81 (2005).

41 Puneet Pathak, Realising Human Rights in Rural India through Panchayati Raj Institution, 22 Journal of the National Human Rights Commission (2023).

42 Mayank Bhardwaj, Ashish Ranjan & Jyoti Sharma, Curriculum and NEP 2020: Perspectives and Inter-

Connections, 70 Indian Journal of Public Administration 237 (2024).

all. 43 It recognizes that the right to education should not be restricted to a particular age group and hence calls for promotion of lifelong learning opportunities for all. 44 Right to education was part of Directive Principles of State Policy up to 2002 when the 86th Constitutional Amendment made the right to education a fundamental right for children between 6-14 years by inserting Article 21A. 45 To ensure the education of all children of this age group Right to Education, Act 2009 was passed. 46 Further, the amendment also brought changes to Article 45, which now reads as “The state shall endeavor to provide early childhood care and free education for all children until they complete the age of 6 years” (prior to 86th CA 2009, it obliged the state to provide free and compulsory education for all children until they complete the age of fourteen years).

47 The amendment also added a new duty for parents to provide education to their children between the age of six and fourteen years (Article 51A (k)). 48 Entry

17 of Schedule 11 of the Constitution of India mandated one of the functions of gram panchayat

to work for education, including primary and secondary schools. 49 To attain the goal of universalization of education in India ‘Sarva Shiksha Abhiyan’ was introduced, renamed as Samagra Shiksha Abhiyan in 2018-19. 50 The implementation of the said scheme has been studied in this research as the major schemes for the respect, promotion, fulfillment, and protection of the ‘Right to Education’ in selected Panchayats. The Sarva Shiksha Abhiyan (SSA) is a prominent initiative of the Indian government, which was launched in 2001 with the aim of attaining Universalization of Elementary Education (UEE). 51 The legal backing to SSA was provided when free and compulsory education for children aged 6-14 was made a fundamental right in the Indian Constitution under Article 21A.

Further, the implementation of the Right of Children to Free and Compulsory Education (RTE) 43 Yoshiko Tonegawa, Education in SDGs: What Is Inclusive and Equitable Quality Education? , in Sustainable Development Disciplines for Humanity: Breaking Down the 5Ps—People, Planet, Prosperity, Peace, and Partnerships 55 (Shujiro Urata, Kazuo Kuroda, & Yoshiko Tonegawa eds. , 2023), https://doi. org/10. 1007/978- 981-19-4859-6_4 (last visited Apr 8, 2025). 44 Maren Elfert, Lifelong Learning in Sustainable Development Goal 4: What Does It Mean for UNESCO’s Rights- Based Approach to Adult Learning and Education? , 65 Int Rev Educ 537 (2019).

45 P.P. Rao, Fundamental Right to Education, 50 Journal of the Indian Law Institute 585 (2008).

46 Umesh Sharma & Ajay Das, Inclusive Education in India: Past, Present and Future, 30 Support for Learning

55 (2015).

47 Akshay Mangla, Elite Strategies and Incremental Policy Change: The Expansion of Primary Education in India, 31 Governance 381 (2018).

48 Anil Sadgopal, Right to Education vs. Right to Education Act, 38 Social Scientist 17 (2010).

49 C R Bijoy, Policy Brief on Panchayat Raj (Extension to Scheduled Areas) Act of 1996.

50 Dipak Kumar Aich, Educational Challenges of Students with Hearing Impairment in India, in Education of Socio-Economic Disadvantaged Groups (2023). 51 S. K. Yadav, Radhey Shyam Sharma & Marshal Birua, Sarva Shiksha Abhiyan: Achievements, Problems and Future Prospects: A Comparative Analysis of Some Indian States, in Reflecting on India’s Development 175 (Nilerd ed., 2018), http://link.springer.com/10.1007/978-981-13-1414-8_9 (last visited Apr 8, 2025).

Act, 2009 ensured free and compulsory education for all children. The initial aim of SSA was to meet its objectives by 2010; however, the timeline has been extended. SSA provides schools to children within a reasonable walking distance. 52 After the RTE Act came into force, the new concept of a neighborhood school defined by the States/UTs (in most cases 1 km for Primary and 3 km for Upper Primary) has become the norm. 53 Norms regarding teacher and student ratio, infrastructural facilities, teacher training, etc. , are provided per RTE Act, 2009. 54 (b) Right to Health Right to health assures the availability, accessibility, acceptability, and quality of health care facilities and services as per Art. 12 of ICESCR, 1966. 55 Children are entitled to the enjoyment of the highest attainable standard of health and to facilities for the treatment of illness and rehabilitation of health (art.

24 UNCRC, 1966). 56 Women are entitled to have free and accessible health services in relation to pregnancy and post-natal care (art. 12 CEDAW, 1966). 57 SDG Goal- 3 aims to ensure healthy lives and promote well-being for all, at all ages. 58 This goal addresses all major health priorities: reproductive, maternal, newborn, child and adolescent health; communicable and non-communicable diseases; universal health coverage; and access for all to safe, effective, quality and affordable medicines and vaccines. 59 The Supreme Court of India has held that the right to health is a fundamental right inherent in the right to life, and the State is obligated to ensure that its citizens have access to adequate healthcare facilities and services. (Consumer Education and Research Centre V. Union of India AIR 1995 SC 922).

60 Article 47 of the Indian Constitution directs the state to raise the level of 52 Pradeep Kumar Choudhury & Suresh Babu G. S, Contextualising Educational Studies in India: Research, Policy and Practices (2021). 53 Jandhyala B. G. Tilak, Universal Secondary Education in India: Issues, Challenges and Prospects (2020). 54Ambarish Rai, Implementation of the RTE Act: RTE Forum’s Stocktaking Report, 44 Social Change 439 (2014). 55 Brigit Toebes, Towards an Improved Understanding of the International Human Right to Health, 21 Human Rights Quarterly 661 (1999). 56 Jaap E. Doek, Children and Their Right to Enjoy Health: A Brief Report on the Monitoring Activities of the Committee on the Rights of the Child, 5 Health and Human Rights 155 (2001).

57 Carmel Shalev, Rights to Sexual and Reproductive Health: The ICPD and the Convention on the Elimination of All Forms of Discrimination against Women, 4 Health and Human Rights 38 (2000). 58 Salvatore Monaco, SDG 3. Ensure Healthy Lives and Promote Well-Being for All at All Ages, in Identity, Territories, and Sustainability: Challenges and Opportunities for Achieving the UN Sustainable Development Goals 33 (2024), https://doi. org/10. 1108/978-1-83797-549-520241004 (last visited Apr 8, 2025). 59 Robert Kokou Dowou et al. , Increased Investment in Universal Health Coverage in Sub–Saharan Africa Is Crucial to Attain the Sustainable Development Goal 3 Targets on Maternal and Child Health, 81 Arch Public Health 34 (2023). 60 Lokendra Malik, Right to Health as a Fundamental Right in India: A Critique, 57 Indian Journal of Public Administration 307 (2011).

nutrition and the standard of living and to improve public health as among its primary duties. 61 The National Health Policy, 2017 recognizes the right to health as a fundamental right and aims to ensure universal access to quality healthcare services without financial hardship. Entry 23 of Schedule 11 of the Constitution of India mandates one of the functions of gram panchayat is to ensure health and sanitation of people, through hospitals, primary health centers and dispensaries. 62 For present study, National Rural Health Mission (NRHM) was chosen. NRHM is implemented through Sub-centers/Dispensaries at the panchayat level. Sub-centers offer a range of services pertaining to maternal and child health, family welfare, nutrition, immunization, diarrhea control, and communicable illnesses prevention initiatives.

The National Rural Health Mission (NRHM), a component of the National Health Mission, was established on April 12, 2005, with the goal of bringing accessible, reasonable, and highquality healthcare to the rural population, particularly the most disadvantaged segments of society. 63 In order to ensure simultaneous action on a wide range of health determinants, such as water, sanitation, education, nutrition, social justice, and gender equality, the mission is to establish a fully operational, community-owned, decentralized health delivery system with inter-sectoral convergence at all levels. 64 The three-tiered structure of the health care infrastructure in rural regions includes Sub-centres, Primary Health Centres and Community health Centres.

65 At the gram panchayat level, an institution known as a sub-centre is responsible for protecting the right to health of the rural people living in the constituency of the panchayat. 66 The primary health care system is the initial point of contact with the population at this most basic and fundamental level of treatment. Sub Centres are assigned tasks relating to interpersonal communication in order to bring about behavioural change and provide services in relation to maternal and child health, family welfare, nutrition,

61 Ramakanta Satapathy & Bikram Kumar Das, RIGHT TO HEALTH IN INDIA, 6 IMRJ 6 (2016).

62 Mathew Idiculla & Gaurav Mukherjee, Local Governments, Federalism, and the Governance of Public Health in India, 108 in Local Governance in Multi-Layered Systems 417 (Matteo Nicolini & Alice Valdesalici eds., 2023), https://link.springer.com/10.1007/978-3-031-41792-4_19 (last visited Apr 8, 2025). 63 Bhavna Dhingra & Ashok Kumar Dutta, National Rural Health Mission, 78 Indian J Pediatr 1520 (2011). 64 Navneet Manchanda & Dil Bahadur Rahut, Inpatient Healthcare Financing Strategies: Evidence from India,

33 Eur J Dev Res 1729 (2021).

65 Radhika R. Pai et al., Integrating Palliative Care into Primary Health Care: Indian Perspectives, 31 Progress in Palliative Care 282 (2023). 66 Sanjeev Kelkar, Primary Care, Government Planning and National Rural Health Mission, in India’s Public Health Care Delivery 179 (2021), https://link.springer.com/10.1007/978-981-33-4180-7_6 (last visited Apr 8, 2025).

immunization, diarrhoea control and control of communicable diseases programmes. 67 It is necessary that each Sub Centre have at least one auxiliary nurse midwife (ANM) or female health worker and one male health worker at all times. 68 Under National Rural Health Mission (NRHM), there is a provision for one additional second ANM on a contract basis. One lady health visitor (LHV) is entrusted with the task of supervision of six Sub Centres. 69 The government of India bears the salary of ANM and LHV, while the salary of the Male Health Worker is borne by the State governments. (c) Right to Political Participation Political rights are those basic rights that allow an individual to participate directly or indirectly in the political activities of the state.

70 Political rights include the right to vote (Article 326 of Indian Constitution), the right to be elected, the right to take part in public affairs, etc. 71 These rights help individuals to be part in the formation and working of Government. 72 Article 21 of the UDHR provides that everyone has the right to take part in the Government of his country, either directly or indirectly, through freely chosen representatives. 73 Periodic and genuine elections shall be open to every citizen of the country, with universal and equal suffrage. 74 Article 25 of the ICCPR states that every citizen has the right, without unreasonable restrictions, to take part in the conduct of public affairs and to vote and be elected at genuine periodic elections. 75 It also requires equal access to public services in the country.

Article 19 of the UDHR & ICCPR provides for the liberty of opinion and expression and consequently the liberty to hold opinions without any interference. 76

67 CHILD, ADOLESCENT AND WOMAN NUTRITION IN INDIA: public policies, programmes, (Sheila

Chander Vir ed., 2023). 68 Sehr Brar et al., What and How Much Do the Community Health Officers and Auxiliary Nurse Midwives Do in Health and Wellness Centres in a Block in Punjab? A Time-Motion Study, 65 Indian J Public Health 275 (2021).

69 Laveesh Bhandari & Siddhartha Dutta, HEALTH INFRASTRUCTURE IN RURAL INDIA.

70 Bryan S. Turner & Engin F. Isin, Handbook of Citizenship Studies, 1 (2002).

71 Alok Chantia, Political Parties and Politics in India: An Appraisal in Present Scenario, 9 The Social ION 1 (2020). 72 Oluyemi O. Fayomi & Grace T. Adebayo, Political Participation and Political Citizenship, in The Palgrave Handbook of African Politics, Governance and Development 537 (Samuel Ojo Oloruntoba & Toyin Falola eds. , 2018), http://link. springer. com/10. 1057/978-1-349-95232-8_32 (last visited Apr 8, 2025). 73 Markku Suksi, Good Governance in the Electoral Process, in Human Rights and Good Governance 203 (Hans- Otto Sano, Gudmundur Alfredsson, & Robin Clapp eds. , 2002), https://brill. com/view/book/edcoll/9789004479357/B9789004479357_s012. xml (last visited Apr 8, 2025). 74 Elena Andreevska, Political Rights in Accordance with the UN and Council of Europe System for Protection of Human Rights: Free Elections, 26 Sicherheit und Frieden (S+F) / Security and Peace 99 (2008).

75 Emmanuel Saffa Abdulai, International and Regional Legal Instruments on Elections, in Electoral Politics, Laws and Ethnicity in Africa 15 (2023), https://link. springer. com/10. 1007/978-3-031-34136-6_2 (last visited Apr 8, 2025). 76 M. O’Flaherty, Freedom of Expression: Article 19 of the International Covenant on Civil and Political Rights and the Human Rights Committee’s General Comment No 34, 12 Human Rights Law Review 627 (2012).

This right is linked with SDG 16 which deals with peace, justice and strong institutions. 77 The goal promotes peaceful and inclusive societies for sustainable development. It not only calls for access of justice to all but also aims to build effective, accountable and inclusive institution at all levels, thus ensuring equal participation of all individuals. 78 Grass root level democracy ushered in by a constitutional amendment at the village level defines the legal framework of the Panchayati Raj Institutions in India. 79 It has a close link with the rights-based approach to development. 80 Popular participation is the very backbone of democracy. 81 It is the key concept of Self-governance. 82 Local Self Governments (Panchayat at the village level have been given additional powers and responsibilities since the passage of Constitutional amendment in 1992.

83 The Gram Sabha is a collective entity comprising individuals whose names are enlisted in the electoral rolls for the Panchayat at the village level. 84 Article 243(b) of the Constitution of India defines Gram Sabha. 85 The Gram Sabha is open to all eligible voters residing in the village. As per the Constitution, the Gram Sabha is empowered to exercise certain powers and carry out specific functions at the village level, subject to the provisions laid down by the Legislature of a State through law. 86 The Gram Sabha's decisions are irrevocable by any external entity 77 Salvatore Monaco, SDG 16.

Promote Peaceful and Inclusive Societies for Sustainable Development, Provide Access to Justice for All, and Build Effective, Accountable, and Inclusive Institutions at All Levels, in Identity, Territories, and Sustainability: Challenges and Opportunities for Achieving the UN Sustainable Development Goals 157 (2024), https://www. emerald. com/insight/content/doi/10. 1108/978-1-83797-549-520241017/full/html (last visited Apr 8, 2025).

78 Kempe Ronald Hope Sr., Peace, Justice and Inclusive Institutions: Overcoming Challenges to the

Implementation of Sustainable Development Goal 16, 32 Global Change, Peace & Security 57 (2020). 79 Ananya Samajdar, Balancing Representation, Participation and Capacity for Democracy and Development: An Assessment of India’s Rural Local Government System, in Handbook on Asian Public Administration 327 (M. Haque, Wilson Wong, & Kilkon Ko eds., 2023), https://www.elgaronline.com/view/book/9781839104794/bookpart-9781839104794-31.xml (last visited Apr 8, 2025). 80 Basudeb Guha-Khasnobis & S. Vivek, The Rights-Based Approach to Development: Lessons from the Right to Food Movement in India, in Food Insecurity, Vulnerability and Human Rights Failure 308 (Basudeb Guha- Khasnobis, Shabd S.

Acharya, & Benjamin Davis eds., 2007), http://link.springer.com/10.1057/9780230589506_13 (last visited Apr 8, 2025).

81 Max Wolff, Democracy Means Participation, 23 The Journal of Educational Sociology 129 (1949).

82 Yang Fu & Weihong Ma, Sustainable Urban Community Development: A Case Study from the Perspective of Self-Governance and Public Participation, 12 Sustainability 617 (2020). 83 Mathew, George, Federalism, Local Government and Economic Policy, in The India Handbook (C. Steven LaRue ed., 2013).

84 Amal Mandal, Gram Sabha—A Conceptual Exploration, 57 Indian Journal of Public Administration 209

(2011).

85 Rajasekhar, D & Manjula, R, Deliberative Democracy through Grama Sabha : Progress and Issues, in

Handbook of Decentralised Governance and Development in India (Rajasekhar,

ed.), https://www.taylorfrancis.com/chapters/edit/10.4324/9780429321887-13/deliberative-democracy-grama-sabharajasekhar-manjula (last visited Apr 8, 2025). 86 Prabhat Kumar Datta, Exploring the Dynamics of Deliberative Democracy in Rural India: Lessons from the Working of Gram Sabhas in India and Gram Sansads in West Bengal, 65 Indian Journal of Public Administration

117 (2019).

except for the Sabha itself. This scheme of the PRI system increases cooperation among people, democratic participation and decentralization. Gram Panchayats (GPs) have been entrusted to provide basic services in the villages and plan for local economic development. 87 The Gram Sabha (GS) discusses the development work plans of the GP called Gram Panchayat Development Plan (GPDP) and the elected representatives execute the plans. 88 The formulation of GPDP improves the efficiency of public services. 89 Gram Panchayats are responsible for ensuring good governance. The principles of "consensus-oriented" and "participation" are integral to the concept of good governance, and the PRI serves as a means of upholding these principles. 90 The approach employed in this context is a bottom-up strategy that aims to align with the requirements of diverse stakeholders.

91 For the present study, the right to political participation was analyzed on the basis of the working of gram Panchayat. The present study was conducted with the objective to analyze the status of the realization of selected human rights (education, health and political participation) in the selective Panchayats. Research Methodology The present study adopted a quantitative approach to research. The status of rural LSG in terms of respecting, protecting, fulfilling, and promoting human rights is studied quantitatively. The study is confined to seven Gram Panchayats (Ghudda (P-1), Jai Singh Wala (P-2), Jhumba (P- 3), Mann (P-4), Badal (P-5), Baho Yatri(P-6), Guru Ke(P-7) adopted by Central University of Punjab Bathinda, Punjab. The total number of samples for the present study were 210 including

70 Panchayat Members (10 elected representatives from each panchayat) and 140 Beneficiaries

(20 from each panchayat availing Govt. schemes relating to selected human rights). Separate questionnaires were used to collect data from panchayat members (Annexure-1) and 87 Ajit Kumar, Effective Local Self-Governance Through Gram Panchayats: A Case Study from Rural India, 1 The International Journal of Community and Social Development 106 (2019). 88 Bishnu Prasad Mohapatra, Decentralised Planning for Tribal Development and Role of Panchayats: A Study of Two Districts of Odisha, 8 Journal of Land and Rural Studies 166 (2020). 89 M. R. Anantha Ramu, Budgeting Techniques of Rural Local Bodies in Karnataka, in Public Budgeting in India 109 (Gayithri Karnam ed., 2018), http://link.springer.com/10.1007/978-81-322-3917-8_7 (last visited Apr 8, 2025). 90 Triranjan Raj, Initiatives for Good Governance in India, 76 The Indian Journal of Political Science 341 (2015).

91 Sandeep Inampudi & Alok Kumar Gaurav, Transforming Institutions for Inclusive and Sustainable

Governance: An Empirical Analysis of NITI Aayog’s Role in India, in Governance and Sustainable Development in South Asia 177 (Habib Zafarullah & Fara Azmat eds., 2024), https://link.springer.com/10.1007/978-3-031- 67616-1_10 (last visited Apr 8, 2025).

beneficiaries (Annexure-2). A simple statistical analysis using averages and percentages was done for analysing quantitative data. Survey Result and Data Interpretation Profile of the Elected Representatives Table 5: Gender-wise distribution of ER Gender

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average Male 62.86 Female 37.14 As evident from the above table, out of the sample of elected representatives chosen for the study male elected representatives constituted 62.86% of the sample and only 37.14% of the representatives were female. Table 6: Age-wise distribution of ER Age (Year)

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average 21-30 30-40 16.67 19.52 40-50 83.33 80.48 In the above table, out of the sample of elected representatives chosen for the study, the representatives falling in the age category i.e. 30-40 in the seven villages is 19.52% and those who come under the age category of 40-50 yrs. are 80.48% whereas there is no representation in the age category of 21-30yrs. This leads to the inference that maximum of the Elected Representatives come from the elderly group of 40-50yrs. and the youth participation is negligible.

Table 7: Caste-wise distribution of ER Caste

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average Gen. 66.67 53.81

7.14

SC/ST

33.33 39.05 As per the above table, out of the sample of elected representatives chosen for the study, representatives belonging to General category are 53.81% whereas 39.05% of the representatives belong to the SC/ST category. The representatives from BC are only 7.14%. Table 8: Education-wise distribution of ER Education

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average Illiterate 21.43 8th 83.33 37.62 10+2 16.67 38.09

02.86 In the above table, out of the sample of elected representatives chosen for the study, the percentage of the representatives who are illiterate is 21.43%, representatives with qualification until 8th standard is 37.62%, those who have qualified 10+2 are 38.09% and representatives having received undergraduate education are 02.86%. This signifies that maximum educational qualification of most of the representatives is not above Intermediate. One-fifth of the sample of elected representatives are illiterate.

Profile of the Beneficiaries Table 9: Distribution of Beneficiaries as per Gender Gender

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average Male 52.38 47.37 50.68 Female 47.62 52.63 49.32 In the above table, out of the sample of beneficiaries chosen for the study, the percentage of the male beneficiaries is 50.68% whereas the percentage of the female beneficiaries is 49.32%. Table 10: Distribution of Beneficiaries as per Age Age

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average

21-30 Y

9.53 15.79 10.05

30-40 Y

28.57 36.84 32.92

40-50 Y

61.90 47.37 57.03 In the above table, out of the sample of beneficiaries chosen for the study, the percentage of beneficiaries of seven villages falling between the age of 21-30 years is 10.05%, those who range between the age of 30 - 40 years are 32.92% and the beneficiaries ranging between the age of 40-50 years is 57.03%. This inference shows that most of the beneficiaries fall into the category of elderly people i.e. 40-50 years followed by the middle- age population of 32%, and the youth constitute only 10.5 % of the sample. Table 11: Distribution of Beneficiaries as per Caste Caste

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average Gen. 80.95 42.11 49.73

26.32 15.19

SC/ST

19.05 31.57 35.08

In the above table, out of the sample of beneficiaries chosen for the study, percentage of beneficiaries belonging to general category is 49.73%, those belonging to BC category are 15.19% whereas, beneficiaries from SC/ST category are 35.08%. Table 12: Distribution of Beneficiaries as per Education Education P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average Illiterate 23.81 52.64 43.78 8th 47.62 21.05 28.38 10+2 28.57 21.05 22.80

05.26 05.04 In the above table out of the sample of beneficiaries chosen for the study, the percentage of the beneficiaries who are illiterate is 43.78%, whereas those who have attained education up to 8th standard are 28.38%. 22.80% of the beneficiaries have attained Intermediate education and only 05.04% of the beneficiaries have educational qualification upto UG level. Status of Realization of Rights as per Elected Representatives Table 13: Status of the Right to Health as per Elected Representatives Health

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average

83.33 57.61

66.66 46.66

94.28

98.57

87.14

83.33 80.47

33.33 13.33

97.14

H10

51.42

H11

65. 71 In the above table, it is visible that[H4] 98. 57% of representatives are ensuring the protection of health rights regarding the attendance of health officials by supervising, followed by ensuring regular immunization of pregnant women with 97. 14%[H9] of awareness. The representatives are actively supervising the health centres to ensure the availability and quality of services which can be seen by 94. 28% response[H3]. The responses of H6 reflect the fulfillment of health rights by providing appropriate infrastructure for medical facilities. H7 and H5 show similar responses i. e. , 80%, which depicts the awareness of ER towards cleanliness and mortality.

A slight downfall is seen in H1 regarding the awareness of the National Rural Health Mission by showing only 57% positive responses, whose impact can be seen in H10 and H2, which indicate awareness toward the duties of ER regarding N. R. H. M but the responses of H11 demonstrates that general awareness towards the duties is good. Responses of H8 show alarming unawareness about VHSNC by only 13% positive responses. Thus, it can be depicted that overall awareness towards duties and health rights of ER is moderately good and the representatives are relatively good in protecting and fulfilling health rights of the people. Table 14: Status of the Right to Education as per Elected Representatives Education

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average

66.66 78.09

66.66 76.66

87.14

97.14

98.57

E10

E11

51.42 From the above table, it can be seen that the representatives successfully ensured the availability of schools with the appropriate infrastructure and resources required for the fulfillment of education[E6,E7,E8,E9]. The responses of E4&E5 demonstrate the good awareness towards minorities, including women and ensuring inclusion, which is reflected in the responses of E7 where 87% of responses are positive. E1&E2 depict relatively good awareness of ER towards SSA and its roles, but the responses of E10& E11 highlight the gap between the duties and awareness towards them. Table 15: Status of the Right to Political Participation as per Elected Representatives Participation

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average

98.57

94.28

78.57

88.57

74.28

71.42

92.85

88.57

P10

66.66 73.80

P11

67.14 The above table depicts that the ERs are actively participating in political campaigns [P1] along with that regular conduction of meetings is regular with prior information [P2, P7, P8]. The representatives provide an opportunity to the public to present their views and also take action towards the decided agenda [P9&P4], demonstrating 88% positive responses. P5 & P6 demonstrates inclusion in participation by ER by catering to minorities. Even though comparatively less but still 67% of positive responses show awareness and actions of ER towards issues faced by them. Status of Realization of Rights as per Beneficiaries Table 16: Status of the Right to Health as per Beneficiaries Health

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average

HB1

4.76 9.25

HB2

33.33 15.78 17.01

HB3

HB4

HB5

76.19 21.05 34.60

HB6

95.23 63.15 59.05

HB7

85.71 36.84 55.36

HB8

4.28

HB9

93.57

HB10

90.47 5.26 17.24

HB11

85. 71 15. 10 In the above-mentioned table it is clearly seen that the beneficiaries are completely satisfied with the work of health officials (HB1) along with the immunization of women and children with a good positive response i. e. 93% (HB9). Beneficiaries are actively benefitting by the primary health care centers (HB3) But the infrastructure and basic facilities are not efficient enough and only half of the beneficiaries responded in favour (H6, H7). Only one third i. e. 34% of the population is satisfied with the gram Sabha’s active engagement in the health issues (HB5). Beneficiaries are not content with the respective ERs regarding their duties and awareness program (HB2, HB10, HB11). A very poor response towards awareness of NRHM of the population is seen (H1) alongside with this the status of Sanitization committee is also very poor (HB8).

Overall, the responses clearly demonstrate that the status of health require improvement and where some of the duties are being efficiently performed by Elective Representatives, but in most of the cases the status is moderate to poor. Table 17: Status of the Right to Education as per Beneficiaries Education

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Average

EB1

4.76 5.26 10.71

EB2

23.80 15.78 14.22

EB3

84.28

EB4

97.85

EB5

98.57

EB6

99.28

EB7

99.28

EB8

99.28

EB9

98.57

EB10

85.71 17.95

EB11

76.19 17.31 From the table mentioned above it can be seen that beneficiaries are happily satisfied with the availability of infrastructure and resources and inclusivity in the government schools (EB4, EB5, EB6, EB7, EB8, EB9). The responses of EB3 show equality in access to schools. Although the awareness and duties in context to SSA are not well represented by the Elective Representative EB1, EB2, EB10, EB11). In conclusion, the response of beneficiaries towards the fulfillment of educational rights is relatively good. Table 18: Status of the Right to Political Participation as per Beneficiaries Public

P-1

P-2

P-3

P-4

P-5

P-6

P-7

Participation Average

PB1

57.14 26.31 52.63

PB2

47.61 15.78 34.77

PB3

47.61 21.05 27.66

PB4

57.14 21.05 31.17

PB5

42.85 21.05 31.98

PB6

42.85 26.31 33.45

PB7

57.14 15.78 33.27

PB8

38.09 15.78 26.98

PB9

38.09 21.05 26.30

PB10

33.33 5.26 20.51

PB11

28. 57 5. 26 19. 83 In the above-mentioned table, it is visible that only half (54%) of the population is aware of their right to vote regarding the political participation (PB1). Only around one third of the beneficiaries responded positively to the regular conduction of the meetings by ERs alongside sensitization and inclusivity towards minorities (PB2, PB4, PB5, PB6, PB7). And only onefourth believes that elective Representatives are actively participating in engaging awareness towards political participation and take actions on the issues discussed in meeting (PB3, PB8, PB9, PB10, PB11). Overall, the awareness towards political participation is poor. Discussion Human rights are fundamental to the existence and functioning of any political or social community. Their effective implementation requires robust regulation and awareness at the grassroots level, particularly in rural areas.

92 This study focuses on the realization of human rights within selected panchayats of Bathinda, Punjab, addressing realization of three human rights viz. right to education, right to health and right to political participation. Additionally, the study seeks to foster awareness and education about human rights among rural populations, creating mechanisms for them to claim and defend their rights effectively. Realization of human rights has been defined as follows: “A human right is realized when individuals enjoy the freedoms covered by that right and their enjoyment of the right is secure. A person’s human rights are realised if sufficient social

92 Jim Ife, Human Rights from Below: Achieving Rights through Community Development (2009).

arrangements are in place to protect him or her against threats to his or her enjoyment of the freedoms covered by those rights. ” 93 The realization of human rights is measured in the terms of “respect, protect, fulfill and promote” framework. Initially the framework was only conceived in terms of three obligations i. e. , respect, protect and fulfill. This framework was defined under Maastricht Guidelines on Violations of Economic, Social and Cultural Rights, 1997 in the following manner: “Like civil and political rights, economic, social and cultural rights impose three different types of obligation on States: the obligations to respect, protect and fulfil. Failure to perform any one of these three obligations constitutes violation of these rights. The obligation to respect requires States to refrain from interfering with the enjoyment of economic, social and cultural rights.

Thus, the right to housing is violated if the State engages in arbitrary forced evictions. The obligation to protect requires States to prevent violations of such rights by third parties. Thus, the failure to ensure that the private employers comply with basic labour standards may amount to a violation of the right to work or the right to just and favourable conditions of work. The obligation to fulfil requires States to take appropriate legislative, administrative, budgetary, judicial and other measures towards the full realisation of such rights. Thus, the failure to provide essential primary health care to those in need may amount to a violation. ”94 Later the obligation to promote was added later to the framework. 95 The obligation to promote requires the States to further the understanding of and respect for human rights.

Right to Education Respected: The right to education in the studied villages is generally respected, as evidenced by the presence of educational infrastructure and resources. Schools are relatively wellmaintained, and there is a basic acknowledgment of the importance of education by both ERs and beneficiaries. Even though half of the beneficiaries are illiterate and the highest educational attainment for many is the 8th standard, there is a broad recognition of the need for educational opportunities. This respect for education is reflected in the positive responses regarding the

93 Jacques Fomerand, Historical Dictionary of Human Rights (2021).

94 Olivier De Schutter et al., Commentary to the Maastricht Principles on Extraterritorial Obligations of States in the Area of Economic, Social and Cultural Rights, 34 hrq 1084 (2012). 95 Henry Shue, The Interdependence of Duties, in The Right to Food 83 (Katarina Tomaševski & Philip Alston eds., 1984), https://brill.com/view/book/edcoll/9789004482302/B9789004482302_s006.xml (last visited Apr 9, 2025).

availability and condition of educational facilities. Literature supports these observations, highlighting that rural education often faces challenges related to infrastructure and resources but benefits from a community's recognition of its importance. 96 Studies show that community involvement in education can enhance respect for educational rights and improve school conditions. 97 Protected: Protecting the right to education requires ensuring continuous and nondiscriminatory access to education. Although infrastructure improvements are noted, socioeconomic barriers, such as low income and high reliance on farming, impact educational attainment. With 94% of ERs being first-time representatives, better training and support are essential to protect this right effectively. Fulfilled: Fulfillment of the right to education shows significant gaps.

Although there are educational initiatives in place, their reach is limited. The fact that half of the beneficiaries are illiterate and many representatives have only an 8th-grade education indicates that the existing educational efforts are not fully effective. The relatively positive responses about infrastructure and resource availability suggest that some progress has been made, but the communication and implementation of educational schemes and policies like the Sarva Shiksha Abhiyan (SSA) are inadequate. This gap between infrastructure and actual educational attainment highlights the need for more effective implementation strategies. Research indicates that while policies like SSA aim to provide universal education, their implementation often falls short due to bureaucratic inefficiencies and lack of local adaptation.

98 This is consistent with the findings in Bathinda, where the gap between policy and practice is evident. Promoted: Promotion of the right to education is evident but needs enhancement. Efforts to improve educational infrastructure and resources are commendable, yet the gap in communication of educational schemes to beneficiaries remains a significant barrier. While there is some effective promotion of educational rights, more proactive measures are needed to inform and engage the community about these opportunities. Enhanced communication strategies and outreach programs are essential to bridge this gap and ensure that all community 96 Jean Drèze & Amartya Sen, An Uncertain Glory: India and Its Contradictions, in An Uncertain Glory (2013), https://www. degruyterbrill. com/document/doi/10. 23943/9781400848775/html (last visited Apr 9, 2025).

97 Rangachar Govinda & Madhumita Bandyopadhyay, Social Exclusion and School Participation in India:

Expanding Access with Equity, 40 Prospects 337 (2010). 98 Akshay Mangla, Bureaucratic Norms and State Capacity in India: Implementing Primary Education in the Himalayan Region, 55 Asian Survey 882 (2015).

members are aware of and can benefit from educational initiatives. Studies emphasize the importance of community-based approaches to promote education effectively. 99 Outreach programs and local engagement are critical in ensuring educational schemes reach their intended beneficiaries. 100 Right to Health Respected: The right to health has been respected to a degree, with health officials’ work generally acknowledged by both ERs and beneficiaries. Immunization programs are conducted efficiently, reflecting a basic respect for health rights. However, there are discrepancies in how this respect translates into actual services and facilities. The acknowledgment of health rights is an important first step, but it must be matched by tangible health services and infrastructure.

Literature suggests that recognition of health rights is essential but must be supported by adequate services and infrastructure. 101 Respect for health rights often does not translate into effective health outcomes without robust healthcare systems. 102 Protected: Protecting the right to health requires continuous and adequate healthcare provision. The study's findings of insufficient infrastructure and medical staff demonstrate a failure to protect this right fully. Addressing these gaps is crucial for the effective protection of health rights. Fulfilled: Despite respect for health rights, their fulfillment is lacking. The infrastructure and medical facilities available to beneficiaries are often insufficient. This is reflected in the significant discrepancy between the claims of ERs and the actual experiences of beneficiaries.

While ERs report satisfactory health services, beneficiaries frequently express dissatisfaction with the availability and quality of medical care. This demonstrates a critical gap in the actual fulfillment of health rights. The responses from beneficiaries highlight the need for improved healthcare infrastructure and more reliable health services. Studies highlight similar issues in 99 Vimala Ramachandran, Evaluating Gender and Equity in Elementary Education: Reflections on Methodologies, Processes and Outcomes, 19 Indian Journal of Gender Studies 233 (2012). 100 Sue Scull & Michael Cuthill, Engaged Outreach: Using Community Engagement to Facilitate Access to Higher Education for People from Low Socio‐economic Backgrounds, 29 Higher Education Research & Development 59 (2010).

101 Abhijit Banerjee, Angus Deaton & Esther Duflo, Wealth, Health, and Health Services in Rural Rajasthan, 94 American Economic Review 326 (2004). 102 Paul Hunt & Gunilla Backman, Health Systems and the Right to the Highest Attainable Standard of Health, 10 Health and Human Rights 81 (2008).

rural health care, where infrastructure and service delivery often lag behind urban areas. 103 Effective health rights fulfillment requires addressing these systemic gaps. Promoted: Promotion of health rights is inconsistent and needs significant improvement. While immunization and some health services are actively promoted, the overall condition of health services remains moderate to poor. The lack of adequate infrastructure and medical facilities indicates that health promotion efforts are falling short. To effectively promote health rights, there must be increased efforts to enhance comprehensive health services and ensure adequate infrastructure. This includes better communication about available health services and increased investment in healthcare facilities.

Research indicates that successful health promotion in rural areas involves comprehensive strategies, including infrastructure development, community engagement, and health education. 104. Promotion must be multifaceted to be effective. Right to Political Participation Respected: The right to political participation shows mixed levels of respect. While there is relatively good representation of the elderly among representatives, youth participation is notably scarce. This indicates a need for greater respect for inclusive participation rights across all demographics. Literature supports the importance of inclusive participation for effective governance. Studies suggest that gender and youth representation are critical for equitable decision-making processes.

105 Protected: Protecting the Right to Participation involves ensuring inclusive and barrier-free engagement in decision-making processes. With 94% of ERs being first-time representatives, there is a need for better training and support to protect participatory rights effectively. Fulfilled: The fulfillment of the right to participation is weak. Only around 50% of ERs are affiliated with a national party or have no political affiliation, while the majority of beneficiaries are not affiliated with any political parties. This discrepancy is evident in the responses, where ERs are actively engaged, but beneficiaries demonstrate poor political 103 Improving health service delivery in developing countries: from evidence to action, (David H. Peters & World Bank eds. , 2009). 104 Suzanne F. Jackson et al.

, Integrated Health Promotion Strategies: A Contribution to Tackling Current and Future Health Challenges, 21 Health Promotion International 75 (2006). 105 Spaces for change? the politics of citizen participation in new democratic arenas, (Andrea Cornwall & Vera Schattan P. Coelho eds. , 2007).

participation. Less than half of the population is aware of their voting rights, and only onefourth believe that ERs are actively participating. This poor fulfillment is partly due to the fact that 94% of ERs are first-time representatives, indicating a need for better training and engagement strategies. The data reflects a significant gap in political awareness and engagement among beneficiaries. Studies highlight that political participation in rural areas is often limited by lack of awareness and engagement. 106 Effective participation requires targeted efforts to educate and involve all community members. Promoted: Promotion of the right to participation is inadequate. The significant gender disparity and lack of youth involvement indicate insufficient promotion efforts.

The gap in awareness and political participation underscores the need for more robust initiatives to encourage active participation. Better communication, education, and engagement strategies are essential to promote the right to participation effectively. Initiatives aimed at increasing political awareness, particularly among women and youth, are critical for ensuring inclusive and effective participation. Literature suggests that promoting political participation requires a multifaceted approach, including education, outreach, and capacity-building initiatives. 107 These strategies are crucial for fostering an inclusive political environment. The study highlights several critical issues in the realization of human rights in rural Bathinda, Punjab.

There are significant gaps in terms of respect, protection, fulfillment, and promotion of the right to education, health, and political participation. Addressing these issues requires targeted interventions to improve awareness, training, infrastructure, and engagement strategies. Ensuring effective implementation and sustainability of human rights at the grassroots level necessitates a comprehensive approach that includes better communication, increased investment in infrastructure, and enhanced community engagement. Through these efforts, the realization of human rights in rural areas can be significantly improved, leading to more inclusive and equitable communities. Conclusion This study shines a light on the urgent need for multifaceted interventions to strengthen the realization of human rights in rural India. A key finding is the gender gap in governance, with

106 Ghazala Mansuri & Vijayendra Rao, Can Participation Be Induced? Some Evidence from Developing

Countries1, 16 Critical Review of International Social and Political Philosophy 284 (2013). 107 Participation: from tyranny to transformation? exploring new approaches to participation in development, (Sam Hickey, Giles Mohan, & Sam Hickey eds., 3rd impressium ed. 2007).

women and youth significantly underrepresented. To achieve inclusive participation, targeted awareness campaigns must be implemented to educate these demographics about their participation rights and empower them to engage in the decision-making processes. The study also reveals a critical gap in communication between elected representatives (ERs) and the beneficiary population. There seems to be a disconnect regarding educational schemes, with beneficiaries lacking crucial information. To bridge this gap, robust communication channels need to be established. These channels could include community forums, information dissemination through local media, or even the creation of a designated liaison officer within the panchayat structure. Furthermore, the research identified discrepancies between the claims of ERs regarding healthcare facilities and the experiences of the beneficiaries.

While ERs reported satisfactory healthcare access, beneficiary responses and first-hand observations painted a different picture, highlighting shortcomings in infrastructure and service delivery. Upgrading healthcare facilities and ensuring a welcoming environment for patients are crucial steps to improve the overall health outcomes within the panchayats. Perhaps the most concerning finding is the disconnect between the promises made by ERs and the reality on the ground. This highlights the importance of prioritizing transparency and establishing clear accountability mechanisms. The community should be actively engaged in monitoring implementation efforts to ensure that initiatives designed to improve human rights fulfilment are effectively translated into action in order to create a more just and equitable society.

Annexure 1: List of questions for the Elected Representatives Right to Health H1 Are you aware of the National Rural Health Mission? H2 Are you aware of the role of the elected panchayat representative in the National Rural Health Mission? H3 Do you take check to ensure the availability of medicine and quality services at the primary health centre? H4 Do you inspect the attendance of health officials and supervise the work of health care providers like ASHA and ANM? H5 Do you review the maternal death/ neo-natal death/child death in the Gram Panchayat and identify actions for the future? H6 Do you take measures for the infrastructure development of primary health centers/subcenters in Panchayat? H7 Do you maintain and monitor overall cleanliness in villages to combat malaria, waterborne diseases, and vector-borne diseases?

H8 Have you ensured the effective functioning of the Village Health Sanitation and Nutrition Committee (VHSNC)? H9 Have you ensured regular immunization of pregnant and lactating women and children? H10 Have you run an awareness campaign about the National Rural Health Mission? H11 Have you raised issues related to health in the Gram Sabha meeting? Right to Education E1 Are you aware of the Samgra Siksha Abhiyan (SSA) Scheme? E2 Are you aware of the role of elected panchayat representatives under SSA? E3 Do you take measures to ensure equal opportunities to access school education for every

section of students? E4 Do you take measures to ensure non -discrimination among children from backward sections, minorities, females and disabled groups in school? E5 Do you take measures to ensure the safety of female students and school staff in campus? E6 Have you ensured existence of government primary schools within 1 km and government upper primary schools within 3 km nearby houses of children in a panchayat? E7 Have you made efforts to ensure the distribution of free textbooks and school uniforms to all beneficiaries? E8 Have you made efforts to ensure that the schools are equipped with modern infrastructural facilities (classroom, playground, benches and computer education), safe and clean drinking water facilities, sanitation facilities? E9 Have you made efforts to ensure separate toilets for female, male and disabled students?

E10 Have you run an awareness campaign about Samagra Shiksha Abhiyan? E11 Have you organized any special gram sabha meeting for education? Right to Political Participation P1 Do you make a campaign for voting, join a political party, or stand for elections? P2 Do you attend Gram Sabha meetings regularly? P3 Do you facilitate the process of contacting public officials? P4 Do you allow and facilitate peaceful protest in the Panchayat? P5 Have you made any special campaign for SC/ST/Women/Minorities/Lower caste/ other marginalized people to participate in voting, joining a political party, or standing for elections? P6 Have you made any special campaign for SC/ST/Women/Minorities/Lower caste/ other marginalized people to participate in Gram Sabha Meeting? P7 Do you conduct Gram Sabha Meetings regularly?

P8 Do you give prior notice to people about Gram Sabha Meeting? P9 Do you endeavour to implement resolutions taken in the meeting of Gram Sabha? P10 Have you run the campaign for people to actively and regularly participate in Gram Sabha meetings for public policy making? P11 Have you raised issues related to public participation in Gram Sabha meetings?

Annexure 2: List of questions for the Beneficiaries Right to Health HB1 Are you aware of the National Rural Health Mission? HB2 Are your elected panchayat representatives performing duties required of them under the National Rural Health Mission? HB3 Does the primary health centre provide quality health care and medicines to the beneficiaries? HB4 Do the health officials and health care providers like ASHA and ANM regularly attend to their duties in the PHC? HB5 Does the gram sabha work to address the local health issues? HB6 Do you agree that there has been optimum infrastructural development of primary health centres/sub-centres in panchayat? HB7 Does the panchayat work to maintain and monitor overall cleanliness in the village to combat malaria, waterborne diseases, and vector-borne diseases?

HB8 Is the village Health Sanitation and Nutrition Committee (VHSNC) performing its duties effectively? HB9 Does the health centre ensure regular immunization of pregnant women and children? HB10 Does the panchayat run an awareness campaign about the national rural health mission? HB11 Has the gram sabha organised any special meeting for raising health issues? Right to Education EB1 Are you aware about Samgra Siksha Abhiyan Scheme? EB2 Do your elected panchayat representatives perform their duties as expected of them under SSA?

EB3 Do you agree that there are equal opportunities to access to school for every child?

EB4 Do you agree that there is no discrimination among children of backward sections, minorities, females and specially abled groups? EB5 Do you agree that the school campus is safe for female students? EB6 Is the government primary school located with 1 km and upper primary school within 3 km of your house? EB7 Do your children get free textbooks and school uniforms from government schools? EB8 Do you agree that the schools are equipped with modern infrastructural facilities (classroom, playground, benches and computer education), safe and clean drinking water facilities, sanitation facilities? EB9 Are separate toilet for male, female and disabled students available in schools? EB10 Does the panchayat run awareness campaign about Samagra Shiksha Abhiyan? EB11 Has the gram sabha organised any special meeting for raising issues related to education?

Right to Political Participation PB1 Are you aware of your rights to vote, join a political party, or stand for elections? PB2 Are the Gram Sabha meetings held regularly? PB3 Do your elected panchayat representatives facilitate meetings with public officials? PB4 Do your elected panchayat representatives facilitate peaceful protest in the Panchayat? PB5 Do the elected panchayat representatives hold any special campaign for SC/ST/Women/Minorities/Lower caste/ other marginalized people to ensure that they vote, join a political party, or stand for elections?

PB6

Do the elected panchayat representatives ensure participation of SC/ST/Women/Minorities/Lower caste/ other marginalized people in Gram Sabha Meeting? PB7 Do the elected panchayat representatives hold Gram Sabha meetings held regularly?

PB8 Do the elected panchayat representatives give prior notice to people about Gram Sabha Meetings? PB9 Do the elected panchayat representatives endeavour to implement resolutions taken in the meeting of Gram Sabha? PB10 Does the panchayat run an awareness campaign for people to actively and regularly participate in Gram Sabha meetings for public policy making? PB11 Has the Gram Sabha organised any special meetings for raising issues related to political participation?