Manav Adhikar Diwas: Read the fundamental rights and duties of citizens on Human Rights Day

Human rights are the fundamental universal rights of human beings from which human beings cannot be deprived on the basis of any other factor like race, caste, nationality, religion, sex etc. All individuals have inherent freedom and equality in terms of dignity and rights.

In fact every person has the right to attain the standard of living which is necessary for the health, welfare and development of him and his family. Human rights include civil and political rights like right to equality and right to education, etc. in front of economic, social and cultural rights.

Human rights are related to human beings because of their special existence, so they are derived from birth and its attainment does not inhibit caste, gender, religion, language, color and nationality. Human rights are also called fundamental rights, inherent rights and natural rights.

There is no universally universally defined definition of human right, so nations define it as per their convenience. The developed countries of the world include the definition of human rights as only the political and civil rights of humans. Human rights can be established through law. It has a wide spectrum that includes civil, political, economic, social and cultural rights.

historical perspective :-

Many ancient documents and various religious and philosophical books like Ashoka’s mandate, etc. have many such concepts which can be marked as human rights. Modern human rights law and most of its relatively systems deal with contemporary history.

1. ‘The Twelve Articles of the Black Forest’ (1525) is considered to be the first document of human rights in Europe, which is only a part of the demands raised by the German peasants before the Swabian Union.
2. Human rights were mentioned in the ‘1628 AD Petition of Rights’ in the United Kingdom.

3. In the year 1690 AD, John Locke also described these rights in his book ‘States of Nature’.

4. In the year 1791 AD, ‘British Bill of Rights’ systematically outlawed government repressive actions in the United Kingdom.

5. After the independence of the United States in the year 1776 AD, these rights were placed in the US Constitution.
6. After the French Revolution in the year 1789, the declaration of the rights of human and citizens was also achieved in France.

Mentioned in the Constitution: –

In order to live with self-respect, for their development and to move forward, there are certain circumstances so that there is no disruption in their path. This has been felt all over the world and hence they become active when human values ​​are violated. For this, it is also mentioned in our constitution.

Articles 14, 15, 16, 17, 19, 20, 21, 23, 24, 39, 43, 45 of the Constitution are guaranteed to protect human rights in the country. Not only this, in addition to the Commission, many NGOs are working in this direction as well as some social workers are also running their own campaigns in this direction alone.

’10 December’ is celebrated as Human Rights Day all over the world. On 10 December 1948, the General Assembly of the United Nations adopted the United Nations’ Worldwide Declaration of Human Rights. The World Declaration of Human Rights contains the Preamble and 30 Articles.

The preamble of this worldwide declaration states that the right to dignified life and equality of all members of the human community is for the right to universal freedom, justice and peace, where men and women can achieve greater freedom with good social development. That is, Articles 1 to Article 20 explain the civil and political rights of a person and Article The social, cultural and economic rights of the individual from 21 to 30 are included.

human right

1. Basic, 2. Basic, 3. Inherent, 4. Natural, 5. Birth rights.

Fundamental rights of citizens in the constitution: –

The facts related to the fundamental rights of the citizens of India are as follows:

1. It is derived from the Constitution of the United States.

2. It is described in Part-3 of the Constitution (Article 12 to Article 35).
3. It can be amended and other fundamental rights can be postponed except the right to life and personal liberty during national emergency (Article 352).

4. The original constitution had 7 fundamental rights, but by the 44th Constitutional Amendment (1979 AD), the right to property (Article 31 to Article 19 f) was removed from the list of Fundamental Rights and made it legal under Article 300 (a) of the Constitution. Is placed as a right.

Indian citizens have the following fundamental rights-

1. Right to Equality or Equality (Article 14 to Article 18)

2. Right to freedom (Articles 19 to 22)

3. Right against exploitation (Articles 23 to 24)

4. Right to religious freedom (Articles 25 to 28)

5. Culture and education rights (Articles 29 to 30)

6. Constitutional Rights (Article 32)

Fundamental Duties of Citizens: –

Duties were added to the Constitution by the 42nd Amendment on the recommendations of the Swarnasingh Committee constituted by the Government in 1976. Originally the number 10 fundamental duties was increased to 11 by the 86th amendment in 2002.

1. It will be the duty of every citizen to follow the Constitution and respect its ideals, institutions, national flag and national anthem.
2. Keep and follow the high ideals that inspire our national movement for freedom.

3. Preserve the sovereignty, unity and integrity of India and keep it intact.

4. Protect the country.

5. Build a sense of harmony and equal brotherhood among all the people of India.

6. Understand the importance of the glorious tradition of our social culture and create it.
7. Protect and enhance the natural environment.

8. Develop a scientific outlook and a sense of learning.

9. Protect public property.

10. Make continuous efforts to progress towards excellence in all areas of individual and group activities.

11. Providing primary education to children aged 6 to 14 by parents or guardians (86th amendment). Citizens are morally bound by the Constitution to perform these duties.

No particular day is needed for humans to recognize and feel human pain. If we do not have humanity in our mind, then if we keep walking around this flag of human rights for fifty days in a year, then nothing can be done. This is the spirit that always remains in the heart of every human being, provided that the person is sensitive. Are our sensations dead? If not, then let’s start comparing ourselves with how much we believe in human rights? Do we respect human rights with us and the people living in our homes?

In general, if human rights are seen, the right to food in human life, the right to education, child abuse, curbing harassment, protection of domestic violence for women, curbing its physical abuse, right to stay, protection from religious violence etc. A number of laws have been enacted which have been categorized as human rights. These rights are all interdependent and indivisible. Human Rights Structure In order to properly utilize the power of human rights, their adequate knowledge and access to common people is essential. It is necessary to have a framework for this.

The framework of human rights system consists of the following elements: –

1. Ideology, 2. Functions, 3. Fundamental Rights, 4. Beneficiaries, 5. Agents, 6. Institutions, 7. Laws.

The basic objective of human rights is to provide protection to human dignity. There is a basic consensus on the ideology of rights that every country and region’s residents should live a dignified life and their rights to live a basic life should be protected.

3 levels of human rights have been created – 1. International, 2. Regional, 3. National.

Human rights have been effectively identified by linking these three levels to various treaties. The most important work related to human rights is to form a consensus on human rights. Efforts are to be made by consensus on various sections – women, minorities, immigrants, exploited and other sections whose rights are violated. Apart from this, modification of rules, promotion of respect for rights, mobility of rights and protection of rights is the main objective of institutions and agents protecting human rights.

For the development of any country, social development is necessary in that country and for social development it is important to pay attention to social problems like poverty, unemployment and social exclusion.

The task of governance is to eradicate the feelings of insecurity inherent in the society and to eradicate the evils prevailing in the internal malpractices and system. For this, the physical and spiritual needs of the individual and the needs of the family, society and groups should be taken care of.

Poverty, starvation, unemployment, malnutrition, intoxication, planned crime, corruption, foreign encroachment, smuggling of arms, terrorism, intolerance, apartheid, religious bigotry, etc. related to human rights are necessary for the planned eradication of evils.

Work of the Commission: –

Under Human Rights Protection Act-1993, the following tasks will be done by the Human Rights Commission-

1. The Commission, on its own behalf or by the victim or by any other person on his behalf, by making an application to complain that human rights have been violated or incited to do so by a government servant or to stop such a violation If ignored, investigate such complaints.

2. To take part in the action of such a case with the approval of the court concerned in the matter of human rights abuses under consideration in any court.
3. To inform the State Government, to inspect a prison or any institution under the control of the State Government, where people are appointed for medical improvement or security, to study the residential conditions of the residents of the place and make suggestions about them. give.

4. To review the defense measures provided for the protection of human rights by the Constitution and any other law and make suggestions regarding their effective implementation.
5. To review terrorism and all such activities which hinder the consumption of human rights and suggest measures for their redressal.

6. To take up and promote research related to human rights.

7. To disseminate human rights education to various sections of the society and to create awareness about human rights defense measures through publications, media and seminars and other available means.
8. To promote the efforts of non-governmental organizations and organizations working in the field of protecting or enforcing human rights.

9. Performing other functions considered necessary for the promotion of human rights.

10. Human rights are inherent rights for all human beings, whatever our nationality, place of residence, gender, national or ethnic origin, color, religion, language or any other condition we are all doing equally without discrimination. Are entitled to our human rights.

Powers of Commission: –

While investigating the complaint, the Commission has vested with all the authority of a civil court in the case of trial of a suit under the Code of Civil Procedure 1908, in particular the power to-

1. Calling witnesses and start investigation by taking affidavit,

2. Order discovery and production of any documents,

3. obtaining evidence on affidavits,
4. Demand of any public record from any court or office and

5. The commission may issue an order to examine witnesses or documents. The Commission on Human Rights takes cognizance of only those complaints in which public servants do not take action on human rights violations i.e. help the accused indirectly or indirectly. The Commission directs or recommends on such complaints.

The Commission may conduct an inquiry under the chairmanship of a police officer of the rank of Inspector General to investigate complaints of human rights violations or may also ask to use the office of a Central Government or State Government officer or investigating agency. The Commission may also associate NGOs in the investigation work.

The Commission may investigate complaints of human rights violations and ask them for information or report from the Central or State Government or any other authority or subordinate organization within the stipulated time. If information or report is not received within the stipulated time, the Commission can proceed to investigate the complaint on its own.

Due to fatal human dignity and self-respect: –

Poverty is the biggest cause of human rights abuses. Where there is hunger, there cannot be peace, hence the fight for human rights cannot be fought without providing basic amenities by ending poverty.

According to the United Nations report, in all developing countries including India, 1/5 of the population sleeps at night, 1/4 lack basic facilities including drinking water and 1/3 of the total population is living a life of extreme poverty. is.

According to a report by India Today (26 September 2007), 30.1 crore out of the Indian population of over 1 billion are living below the poverty line. Northeast states are no exception. The economic growth rate in these states has been slow for decades, leading to unemployment, destruction of human power and recruitment to militant groups.

Whether it is the Nandigram case of West Bengal or the case of suicides by starving farmers in the villages of Odisha, we are forced to think that fundamental rights have no meaning for the majority of India without creating a new social order. .

Functions of the Commission: –

1. There is no prescribed format for sending the complaint, the complaint can be sent by writing on simple paper.

2. The Commission may appoint a suitable number of investigators or supervisors for the investigation work in a specific case.

3. The Commission may also take suggestions by constituting a committee of experts before making recommendations in matters of wide public interest.
4. Recently, a new facility has also been introduced by the Commission through e-mail for sending complaints. For this, a complaint can be sent from any online center.

5. The Commission does not take action on complaints made 1 year after the incidents.

6. The matter is not processed by the Commission before any other court or commission.

7. The commission also takes action after taking cognizance of reports of human rights violation in public interest or personal matters published in newspapers.

Due to fatal human dignity and self-respect: –

Poverty is the biggest cause of human rights abuses. Where there is hunger, there cannot be peace, hence the fight for human rights cannot be fought without providing basic amenities by ending poverty.

According to the United Nations report, in all developing countries including India, 1/5 of the population sleeps at night, 1/4 lack basic facilities including drinking water and 1/3 of the total population is living a life of extreme poverty. is.

According to a report by India Today (26 September 2007), 30.1 crore out of the Indian population of over 1 billion are living below the poverty line. Northeast states are no exception. The economic growth rate in these states has been slow for decades, leading to unemployment, destruction of human power and recruitment to militant groups.

Whether it is the Nandigram case of West Bengal or the case of suicides by starving farmers in the villages of Odisha, we are forced to think that fundamental rights have no meaning for the majority of India without creating a new social order. .