State Human Rights Commission(SHRC)

State Human Rights Commission(SHRC)

Every state in India has a State Human Rights Commission established in accordance with the power conferred on the state under section 21of the Protection of Human Rights Act, 1993. The protection and promotion of human rights constitute the principal concern of the Commission. Moreover, the procedures adopted by the Commission to conduct its proceedings, the suo motu actions taken on complaints regardless of the sources received and the transparency of the proceedings of the SHRC add strength to its functioning in a state.

Functions of SHRC

·               The SHRC shall enquire into violation of human rights in respect of matters specified in the state and concurrent lists.

·               Its objectives and duties are the same as NHRC, but confined only to the state. It has a chairman and two members.

·               It has the power of a civil court and can take cognizance of cases if received or in suo motu.

·               It can also recommend compensation to victims.

Child Rights

Apart from the fundamental rights described by the Constitution, we have to ensure certain other rights.

A child is a person who has not completed the age of 18 years i.e. a minor as per UNO. This principle is exhibited in Articles 25 of the Universal Declaration of Human Rights. Based on these principles, the declaration of the Rights of the child was accepted and adopted in the UN General Assembly on 20th November, 1989.

·               Right to life

·               Right to family environment

·               Right to Education

·               Right to benefit from Social security

·               Right against sexual exploitation

·               Right against sale or trafficking

·               Right against other forms of exploitation like Child labour.

·               Right to life

A child has the right to survive even before its birth. The right to survival also includes the right to be born, the right to basic needs of food, shelter and clothing and a dignified living.

·               Right to Family Environment

A child has the right to live a normal childhood in a family environment. Children who have been left destitute, abandoned or orphaned also have the right to live. These children can be given for adoption to caring families.

·               Right to benefit from Social security

Children should get financial support from the country when their parents or guardians are unable to provide them with a good standard of living by themselves, due to any illness, disability or old age.

·               Right to Education

Right to Education Act is an Act of the Parliament of India enacted in 2009 for free and compulsory education for children from 6 to 14 years of age as under Article 21A of the Constitution.

The Right of children To free and compulsory Education (RTE) Act, 2009, means that every child has a right to formal Elementary Education. This right of children provides free and compulsory education till the completion of elementary education in a neighbourhood school. The child need not pay any kind of fee for completing elementary education.

Malala - Nobel Peace prize laureate says

"I loved school. But everything changed when the fundamentalist took control of our town in Swat Valley.

They said girls could no longer go to school. I spoke out publicly on behalf of girls and our right to learn. And this made me a target.

In October 2012, on my way home from school, a masked gunman boarded my school bus and asked, “Who is Malala?” He shot me on the left side of my head.  I woke up 10 days later in a hospital in Birmingham, England. After months of surgeries and rehabilitation, I joined my family in our new home in the U.K.  I determined to continue my fight until every girl could go to school.

Every day I fight to ensure all girls receive 12 years of free, safe, quality education. With more than 130 million girls out of school today, there is more work to be done. I hope you will join my fight for education and equality. Together, we can create a world where all girls can learn and lead.

If you were Malala, what would you have done?

Is Malala's fight necessary?

Are girl children treated and given education equally?

·               Right against sale or trafficking

Children should be treated as individuals with fundamental human rights. Children are vulnerable. There are root causes such as poverty, gender discrimination, broken families etc., behind the sale or trafficking of children.

Children are subjected to sale or trafficking for various reasons – economic exploitation, sexual exploitation, sexual abuse, drug trafficking and child labour.

·               Right against sexual exploitation

The state should protect children from sexual exploitation and abuse, when they are forced or persuaded to take part in sexual activities physically or mentally.

·               Right against other forms of exploitation like Child labour

Children are often employed in several industries. These children are deprived of their childhood, health and education. This will lead to a life of poverty and want. These children are made to work in glass, match-box, lock-making factories, rag-picking, carpet – making industry, beedi - rolling, mining, stone quarrying, brick kilns and tea gardens etc.

Work is mostly gender – specific, with girls performing more home – based work, while boys are employed as waged labour. Since these children work in agricultural fields, restaurants, motor repair workshops and home – based industries, elimination of child labour remains a challenge.

The findings of an international survey reveals that children with disabilities are 3.4% more sexually abused than normal children.

Child Rights in the Indian Constitution

Article 24 – No child below the age of 14 must be employed in hazardous employment. Article 45 – Free and compulsory education for all children until they attain the age of 14 years.

Women Rights

The National Commission for Women (NCW) is constituted in India to review the Constitutional and legal safeguards for women, recommends remedial measures and advises the government on all matters of policy affecting the welfare and development of women in the country.

In modern India, women have held high offices including that of the President, Prime Minister, Speaker of the Lok Sabha, Leader of the Opposition, Union Ministers, Chief Ministers and Governors.

In Tamil Nadu, ancestral property rights were given to women through Hindu Succession (Tamil Nadu Amendment) Act 1989.

The Central Government amended the Hindu Succession Act in 2005. By this amendment, women are now given equal shares in inheritance of the undivided property.

Women's rights under the Constitution of India mainly include equality, dignity, and freedom from discrimination; additionally, India has various statutes governing the rights of women.

Reservations

The state of Tamil Nadu provides 69% of reservation to the Scheduled Castes, Scheduled Tribes, Most Backward Classes / Denotified Communities and Backward Classes in public employment and in educational institutions. Backward class Muslims are granted separate reservation.

The following table gives us a very clear picture of the percentage of reservation for various communities by the Government of Tamil Nadu.

Under each reserved category andin General category 30% is reserved for women and 4% is reserved for differently abled persons.

Special reservation to Arunthathiyars has been granted by preferential allotment of seats with in the seats reserved for Scheduled castes. For persons studied in Tamil medium 20% seats are offered under each category on priority basis.

In Tamil Nadu Transgenders has been classified under Most Backward Classes.

Right to Information Act (RTI)

The Right to Information Act is a revolutionary act that aims to promote transparency in the government institutions in India. This act was enacted in October 2005.

A common man can demand any government organization to provide information. The information must be provided within thirty days. If not, a fee will be collected as penalty from the concerned official.

It is one of the most powerful laws of the country. This act is people friendly; even an illiterate person can ask any Public Information Officer to write it down for him. All government agencies like Municipal Corporations, Government departments, Government Schools, Road Authorities, etc., come under this Act.

RTI Activists

of government documents such as records, reports, papers, etc., Personal information

of  individuals  and  organisations  related to the country’s defence and intelligence,

such as BSF, CRPF, Intelligence Bureau are exempted from the RTI.

·               Sign the Application form with your full name and address along with the date and send it through a registered post to the office of the concerned authority.

·               If a reply is not received within 30 days, an appeal can be filed with the Appellate Authority.

Labour Rights

The  Constitution  ensures  right  to equality, equality of opportunity in public employment,  right to form associations and unions, right to livelihood, prohibits trafficking, forced labour and child labour. Article 39(d) ensures equal wages to male and female workers for equal work.

“The rights of every man are diminished when the rights of one man are threatened” said John F. Kennedy. Civilized nations of the world insist on equality. Nations pay more attention on human rights to ensure equality. This helps in maintaining peace, harmony and development of the country.

Contribution of Dr.B.R. Ambedkar

Dr.B.R. Ambedkar's contribution to labourers. 

•      Reduction in Factory  Working  Hours  (8 hours a day)

•      Compulsory Recognition of Trade Unions

•      Employment Exchange in India

•      Employees State Insurance (ESI)

•      Minimum Wages

•      Coal and Mica Mines Provident Fund