India
A few days ahead of International Human Rights day, Iran hanged a protestor known as Mohsen Shekhari for blocking a street and injuring paramilitary personnel during a protest. The news of the hanging was met by instant condemnation the world over. Amnesty International termed the executions as "horrific". The Office of the UN High Commissioner of Human Rights said "we deplore (the) hanging of" Shekari, and the death penalty "is incompatible with human rights. "Executions in Iran are nothing new, in fact, they have demonstrated the outrageous temerity of hanging people publicly. Ever since Iran became an Islamic republic in 1979, the ideals of Human Rights, particularly those of women have been blown to smithereens. Iran's Shariah law falls foul of International Human Rights provisions.In fact the recent execution was carried out on the grounds of "waging war against the god".
Iranian Shariah runs in contrast to the Indian Constitution, which swears by the ideals of Justice, Liberty, Fraternity, and Equality and is grounded in Secularism.
The National Human Rights Commission of India was established in 1993, forty-five years after the UN Declaration of Human Rights was adopted by the United Nations in 1948. Probably the fact that India had incorporated the essence of the declaration to a large extent in the Constitution adopted two years later in 1950 obviated the need for one body to oversee the violations. The Motilal Nehru report in 1928 had the precursor to the provision of Human Rights in India. The Constitution of India transmuted the provisions of human rights as Fundamental Rights and Directive Principles, the latter are advisory in nature but the former has been the essence of our constitution.
The landmark judgment of Keshavanand Bharti v. State of Kerala acknowledges the assimilation of the Universal Declaration of Human Rights in the constitution by observing that "The Universal Declaration of Human Rights may not be legally binding instrument but it shows how India understood the nature of human rights at the time the Constitution was adopted."
The Apex Court has posited its judgments on the basis of Articles 12-35.
Article 17 which prohibits untouchability was a perfect foil to the execrable system of Apartheid in South Africa, which institutionalized racial segregation.
| Provision | Constitution of India | UNDHR |
| Right to Equality. Equality and equal protection before law. | Article 14 | Article 14(1)and Article 7 (2) |
| Equality in the opportunity of public service | Article 16(1) | Article 21(2) (Everyone has the right of equal access to public service in his country) |
| Freedom of Speech | Article 19(1)(a) | Article 19 |
| Right to freedom of peaceful assembly and association | Article 19(1)(b)(c) | Article 20(1) |
| Freedom of movement and residence within the territory of a state. | Article 19(1)(d) | Article 13(1) (everyone has the right to freedom of movement within the borders of each state) |
| Protection in respect of conviction of offenses | Article 20(1) | Article 11(1)(2) |
| Right to Education | Article 21 A | Article 26(1) |
| Prohibition of trafficking in human beings and forced labour | Article 23 | Article 4 (No person shall be held in slavery or servitude or perform forced labour. |
| Freedom of conscience and free profession, practice and propagation of religion. | Article 25 | Article 18 (Everyone has the right to freedom of thought, conscience and religion) |
| Protection of the interests of the minorities | Article 29(1) | Article 22 (Everyone as a member of society, has the right to social security) |
Dr. Bhim Rao Ambedkar as a defender of Human Rights
Human Rights as a concept may not be traced explicitly to the ideology of Dr. B.R. Ambedkar but the bedrock of Ambedkarite ideology: liberty, equality, and fraternity, social justice is also the essence of the philosophy of Human Rights world over.
In fact in 1927 at a conference of depressed Castes, he outlined achieving universal humanity and brotherhood as his main objective.
Dr. Ambedkars emphasis on human rights shines through his speeches and writings. And is accentuated by his being an architect of the fundamental rights and socio-economic rights enshrined in Directive Principles. He attributed the rights to the State and hence they are the gifts of the state. His most visionary document Hindu Code Bill, which was stymied at that time established him as a votary for the rights of Hindu women. The provisions of the bill were gradually implemented by the courts and he stands vindicated posthumously.
The Human Rights in India. India Despite having a constitution which guarantees equality. The country faces rampant violations of Human Rights daily. The violators ride the roughshod over the Human Rights Declaration. The Dalits, tribals, and minorities, especially over the last few years have been attacked with impunity.
In this light, the fact that ISDN (International Dalit Solidarity Network) a Copenhagen-based group working for Dalit Rights has been granted consultative status by the United Nations (UN) Economic and Social Council (ECOSOC) assumes significance.
Hopefully, the discussion of Dalit Rights as human rights at the International level will help secure the human rights of the marginalized sections of society.
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