Monday 11 June 2012

Problem of Human Right in India: Special reference to “Violation of Human Right in Assam”


This article is contributed by Mr Priyanku Narayan Baruah. He is a research scholar at CMJ University, Shillong, Meghalaya. You can contact Priyanku @ 08822797237 & alwayspriyanku@gmail.com

India’s experience in enforcement of human right is not very significant. There are many social, political, economic constrains in this field. Thousands of cases of violation of human right suffering from the dirty bureaucratic RED TAP. Although in theory Indian constitution emphasizes socio-economic, political justice, liberty of thought expression, belief, faith and worship, equal status and opportunity, fraternity and dignity of individual. There are many recognized and accepted human rights like freedom of information, association, political right of women and children, social security of discrimination, elimination of all forms of slavery and torture and ensuring of freedom. Within Indian context the Constitution empowers the Supreme Court and High court to enforce the rights. Similarly the Constitution also leaves scope to ensure empowerment and good governance. The Constitution (Art 23) and Indian Police Act forbid torture similarly the Indian Panel Court (IPC) expands the protection of rights. Such as the rape of the women in police custody carries none enchants punishment.. There are many laws and regulations expanding the orbit of social security. Tribal have been given special protection and effective action and laws are aimed that removing discriminations. In addition laws and regulation the Government of India has set up NHRC as acquired by as HR Protection 1993. The states have said their HR Commission. A National Women’s Commission has also been set up. We have specific Commission for STs and SCs, minorities as well as backward classes. Apart from all these the civil commission studies issues of HR from time to time and enumerates new laws and amendments to existing laws. Much more important are the institution of free press, strong impartial judiciary who play very important role.
Surprisingly even if these sorts of provisions are enumerated in Indian Constitution, tragic truth was that these laws are never implemented properly till now. Many women, children and other vulnerable sections of society have suffered. While in theory human rights are guaranteed to all the citizens, in reality only a few obtain the benefits of the rights. Even after more than five decades of independence, land reforms have not been implemented throughout the country. The peasant still suffers under tenancy laws. Primary education has not been imparted to all the children of the country. Unemployment has remained a major problem being faced by the youth .It can be critically say that the democratic process has become the monopoly of a class and is not the representative of the masses today. Cases of violation of human rights are more critical in Assam. In respects of Assam, grave violation of human rights occurs primarily because of the lack of primarily education, in effective delivery system, lack of awareness and due to extreme party politics, as well as ineffective administrative system sponsored top to bottom level corruption In Assam; blasting, bombing and corruption represents the modern Assamese culture in contemporary days. Open Murder, Rap, Dacoiti becomes the significant character of present Assamese social life. Administration turns to be the handicap spectator. Government frequently sounds of a Healthy and Wealthy Assam, but they even know their failure. It is a very shameful story that teachers were beaten by police; during democratic protest session, media persons have been victimized in many cases. Still Foreigners issue, Autonomy issues are unsolved, ULFA question is burning. Even if Assam government demanded that in Assam life and property of general public is safe, truth showed another picture. Still in Assam child workers have lost their right, still Nikita Jain, like girls are the victims of dowry, although the victims are punished very rarely. Bomb blast in Guwahati, Nalbari of Assam etc. indicates how the term human rights have been violating in Assam. As the public today are very professional and day by day as most of human being loss their moral sense, it becomes the important factor which inspires the evil groups to do the danger, as public have no time to sound against them. Luckily in recent days some protests are continuing against terrorism and other forms of violations of human rights.
           
  With active campaign and cooperation by all human rights organizations and government and the people, the cases of abuses can come down. Transparency in the functioning of bureaucracy is needed to provide credibility to the system. Number of human right organization (HRO) s has come up. Young men and women inspired by the spirit of human freedom should work at grassroots level among the deprived and exploited sections of the people, such as the tribal, dalits, women and landless labourers to make them aware and instigate to fearlessly fight for their rights.    
          For elimination of any kind of violation of human right; the awareness of the civil society is must.


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