In today’s arena, human rights violations are very common to see, to hear and therefore the awareness among individuals pertaining with their rights which are humanly recognized has emerged as a potential discourse as far as development among the citizens is concerned. And thus, it also, on the other hand, becomes a very responsive role of Judiciary that it should come into the action and perform its supportive role for pronouncement up of the judgments relating to human rights into reality.
The strengthening of the judiciary is far needed in context with human rights because it would be conversant in is the part of the Constitutional remedy which might give progressive efforts within the fields to evolve for the topic like human rights that is protected by the law of the land i.e. the Constitution of India. In regards to this in section 30 of the Human Rights Protection Act 1993[i], which enumerates us about the establishments of the human rights courts but the offenses arising out of the human rights violations have not been enumerated under the Act.
It has been deduced that the states wherever the human rights courts square measure established, made them functional. What is really happening is that issues which are getting occurred due to gross human rights violations are mostly getting punished under the criminal courts as considering the penal offense. Now the things which should be taken into the account is that the offenses which are prescribed under the criminal law, must move towards the criminal courts and the offenses not mentioned under the law of crimes should be given a place under the human rights courts as they too constitute the gross violations of the human rights arena.
It becomes very necessitate that the article 32(3) of the Constitution[ii] can be looked upon in regards with the enforcement of the human rights by the judiciary or the functioning of the human rights courts in India, as it imparts that the Parliament by law, can empower any other Courts except the Supreme Court, to exercise with the local limits of the jurisdiction or any other power which has been exercisable even by the Supreme Court, thus the section of Constitutional remedy under the constitution of India for securing the rights, becomes very indispensable and which shall be known by each and every citizens of India.
The several rights which are not been mentions specifically by the Constitution of the India but has been proliferated under the wide ambit of the Article 21 of the Constitution[iii] which enunciates U.S. with several of the rights which incorporates as Right to health, Right to food, Right to shelter, Right to measure during a healthy surroundings, Right to support, Right of Education, Right to privacy, Right against Solitary confinement, speedy trial, legal aid and many more can be classifies as those right which shall be enforced by the Human Rights Courts.
And for the great purpose as well as objective to be getting accomplished, India is in need of extraordinary as well as having wide ambit for practicing or issuing the cases of violations of the human rights in the Human Rights Courts, to provide for the bilateral as well as smooth functioning of the system of justice in India.
The object so mentioned in the preamble of this act for the building up of the courts at the district level to ensure for the speedy function of the cases where the matter is being in a relation of the suffering of human rights violations and gets its decision without being getting delayed in any form.
There becomes the several grounds where there can be seen the gross human rights violations which is surrounding every citizen and how each and every group, field, organization, institution, etc. are being got suffered because of such gross human rights violations not only seen with the Indian perspective but also which could be seen overall across the globe. Some of them are as follows:
Abuses by armed groups
Here where the human rights violations take place because of misuse of power of arrest as it is been known and stabilize principle that the law of arrest is considered to be illuminating effect on human rights, liberties and privilege and on the other side it also provides for obligation, duties and responsibilities for balancing the human rights issues, thus when such practices become overpower in sense for causing violence, it totally covers the areas for the gross human rights violations.
Caste-based discrimination and violence
In accordance with the United Nations Sub- Commission which has been made on the ambit for work and descent, various gross violations on the human rights takes place with the discrimination in relation with the caste which has been listed under such commission and thus several rights have been made to disregard much discrimination which was practiced across the globe.
Below are the rights which have been made by the Sub Commission of U.N. keeping in mind the discriminations practiced on the basis of caste, such as:
1. The right to physical security and life and the right to be free from violence
2. The right to equal political participation and access to justice
3. The right to own land
4. The right to equal access to public and social services
5. The right to freedom of religion
6. The right to marriage on free will
7. The right to education and cultural identity
8. The right to equal opportunity and free choice of employment and equal, just and favorable conditions of work
9. The right to be free from forced or bonded labour
10. The right to be free from cruel, inhumane or degrading treatment
11. The right to health, adequate food, water, sanitation, clothing, and housing
Custodial crimes or extra judicial killings.
Any act or commission of an offense from the side of police which leads to crossing up of the limits of the dignity and sovereignty principles as well as by not justifying the rights of the prisoners, the police power destroying the principles of Human rights causes gross injustice or gross human rights violations into the society.
Children’s rights
Gross Human rights violations have also its implications on the rights of the child. From the very tender age of their, they face huge human rights violations which no one even bothered about, but now various NGO’S are coming with their effective policies for making the human rights for the children protective. Kidnapping, Begging, Child labor and Bonded labor, trafficking in children, maiming of children, sexual orientation, etc. are considered to be such gross human rights violations that should be protected for the welfare of children as well as for the proper and effective development of the society.
Communal and ethnic violence
If today’s scenario is taken into the consideration, then the paramount implication is resulting into the gross human rights violations involving and creating an unconsidered atmosphere with the subject matters of religion, language, ethnicity, culture, race, etc. Communal or we may say that the ethnic violence arose out of patriarchal deep routed hatred or we may say the ancient animosities which prevailed and still is prevailing. Because of which the marginalized groups are even suffering and cannot do anything for themselves just feel suppressed by the dominant authorities. Thus this is also the concept where there is gross human right violations takes place in the society and which shall be protected.
Freedom of association
It is difficult to imagine the world without the principle or the concept of the right to Freedom of Association. Thus, the right to freedom of association is important for society. This particular right is considered to be very effective and indispensable because it is inclusive of organized as well as professional organizations such as public associations, trade unions, political parties, non-governmental organizations, etc. For practicing such human right of freedom of association which is for the lawful purpose. Thus, it becomes very much necessary to protect and promote this right from getting used or eradicate which will result in gross human rights violations.
LGBT rights:
For not practicing of what the LGBT community wants to raise very crucial questions that whether the human rights cover the LGBT rights also or not? So the answer which comes to the knowledge that yes the LGBT rights also constitutes the Basic Human rights, which means that whose violation will result into gross human rights violations and thus there should be no discrimination or the criminalization for the practicing of LGBT rights which have been fallen in the ambit of human rights.
Conclusion
Thus, after discussing several aspects of how the human rights could get effect because of the gross injustice, gross human rights violations which are being discriminated and utilized as a negative behavior for treating up of human rights issues. Hence, the gross human rights violations should not be there in the practice areas which disregards the civil society and all the developmental small kids as well as youngsters and the employees will have to suffer the gross injustice. Hence, some of the effective measurement should be taken while dealing with gross human rights violations challenges.
Edited by Chiranjeeb Prateek Mohanty
Approved & Published – Sakshi Raje
Frequently Asked Questions:
1) What is meant by Gross Human Rights Violations?
Gross human rights violations means that when a person posses some basic human rights which gets violated because of summons vulnerability and also because of marginality, the dominant section of society taken over the control of rights which are naturally belong to natural, thus abandoning them from practicing their basic rights, it becomes the gross human right violations.
2) How children rights can be co rented with human rights and hoe its violation occur?
Gross Human rights violations have also its implications on the rights of the child. From the very tender age of their, they face huge human rights violations which no one even bothered about, but now various NGO’S are coming with their effective policies for making the human rights for the children protective. Kidnapping, Begging, Child labor and Bonded labor, trafficking in children, maiming of children, sexual orientation, etc. are considered to be such gross human rights violations that should be protected for the welfare of children as well as for the proper and effective development of the society.
3) What are the different forms where the gross human rights violations?
There are various forms where there is the practice which results into gross human rights violations such as: LGBT rights, freedom of association, communal or ethnic violence, discrimination on the basis of caste, religions, children’s rights, custodial crimes or extra judicial killing, Women rights, abuse by armed forces, etc. where there id human rights violations could be found in some or the other manner.
4) How communal and ethnic violence results into gross human rights violations?
Communal or ethnic violence arose out of patriarchal deep routed hatred or we may say the ancient animosities which prevailed and still is prevailing. Because of which the marginalized groups are even suffering and cannot do anything for themselves just feel suppressed by the dominant authorities. Thus this is also the concept where there is gross human right violations takes place in the society and which shall be protected.
[i] 30. Human Rights Courts.—For the purpose of providing speedy trial of offences arising out of violation of human rights, the State Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each district a Court of Session to be a Human Rights Court to try the said offences: Provided that nothing in this section shall apply if—
(a) a Court of Session is already specified as a special court; or
(b) a special court is already constituted, for such offences under any other law for the time being in force.
[ii] 32. Remedies for enforcement of rights conferred by this Part
(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed
(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part
(3) Without prejudice to the powers conferred on the Supreme Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause ( 2 )
(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution
[iii] 21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law
