IMPA organises workshop for Officers on Human Rights

Aseem Sawhney delivers lecture

24/07/2014

JAMMU: The prestigious J&K Institute of Management Public Administration and Rural Development - IMPA is currently organizing a training programme on Human Rights Issues for various Govt Officers belonging to departments of Education, Health , Police, PDD etc
Mr Aseem Sawhney, Advocate being a regular invitee- Guest faculty of the Institute delivered a lecture to these course officers on the subject viz a viz the Court cases.
The Course started with the Introduction by Dr Sunita Zailpuri Course Director.
Mr Aseem Sawhney while delivering his lecture on State Human Rights Commission and case law dwelled upon the meaning of Human Rights viz a viz the codified law and the international covenants.
He said that the basic rights of the Human Species are called Human Rights. He said under section 2 of the State Human Rights Commission Act (SHRC) the Human Rights have been defined as Right to life, Right to liberty, Right to equality, Right to dignity etc.
He dwelled upon the composition of the Commission mode of appointment and said that the State Human Rights Commission Act gives ample powers to the Commission to investigate the complaints and even take sou motu action in HR violations cases or on media reports.
He said that besides inquiries it can give recommendations, intervene into Court cases with the permission of the Court and also file complaints for prosecuting the HR violators.
He said that it was unfortunate, that SHRC is a Toothless tiger. Now, a dead horse. If the Jammu and Kashmir state government wishes to make good its Common Minimum promise to strengthen the Jammu and Kashmir State Human Rights Commission (SHRC), it is going to have take note of these sombre – but apt – metaphors.
Mr Sawhney told about the 30 Articles of Human Rights Declaration of the United Nations, which are as follows:
Article 1.
All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.
Article 2.
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
Article 3.
Everyone has the right to life, liberty and security of person.
Article 4.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
Article 6.
Everyone has the right to recognition everywhere as a person before the law.
Article 7.
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.
Article 8.
Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
Article 9.
No one shall be subjected to arbitrary arrest, detention or exile.
Article 10.
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him.
Article 11.
(1) Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Article 12.
No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.
Article 13.
(1) Everyone has the right to freedom of movement and residence within the borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return to his country.
Article 14.
(1) Everyone has the right to seek and to enjoy in other countries asylum from persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising from non-political crimes or from acts
Article 15.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16.
(1) Men and women of full age, without any limitation due to race, nationality or religion, have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.
Article 17.
(1) Everyone has the right to own property alone as well as in association with others.
(2) No one shall be arbitrarily deprived of his property.
Article 18.
Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.
Article 19.
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Article 20.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
Article 21.
(1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.
Article 22.
Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality.
Article 23.
(1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 24.
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
Article 25.
(1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection.
Article 26.
(1) Everyone has the right to education. Education shall be free, at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given to their children.
Article 27.
(1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits.
(2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.
Article 28.
Everyone is entitled to a social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.
Article 29.
(1) Everyone has duties to the community in which alone the free and full development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society.
(3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.
Article 30.
Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein.
The United Nations principles governing the establishment and functioning of national human rights institutions (“Paris Principles”) require that the institution be provided with “an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises, in order to be independent of the Government and not be subject to financial control which might affect its independence.”
The infrastructure and resources provided to the J&K SHRC, however, are in no way “suited to the smooth conduct of its activities”.
The SHRC, as a result, has been submitting complaints about police abuses to the investigative discretion of the police, which is akin to allowing an individual to be the judge of his/her own case, thereby violating a cardinal principle of natural justice. This method, in fact, was being resorted to even when the SHRC had an investigating officer, as clearly, the sole investigator could not possibly conduct all the necessary probes himself.
Mr Aseem Sawhney referred to various Judgments of the Supreme Court of India which included D K Basu's Judgment laying guidelines of arrest and how the judgment is to be enforced, reported in AIR 1997 page 610. He also referred to the latest Supreme Court Judgment on arrest, where a Police officer cannot arrest in offences until 7 years of imprisonment and has to fill up a check list and take proper permission of a Magistrate- held in Arnesh Kumar V/s State of Bihar decided on 2nd July 2014.
Mr Aseem Sawhney also cited no. of examples and Court cases dealing with the issue of Human Rights. One such case was of a PoK lady Shehnaz and her daughter Mobin where the matter was taken up by the High Court and the PoK lady languishing in jail was freed and given compensation to the tune of Rs 3 lacs besides a quarter and citizenship.
Then he also cited judgments of the Supreme Court and High Courts prohibiting handcuffing of the detenues. He also referred to orders passed by the National Human Rights Commission and judgments of High Court of J&K granting compensation in cases of gross Human Rights violations.
He advised the officers to work within the scope of law and not beyond the scope of law as there were many Courts, Judicial Commissions and Statutory Commissions like SAC, SHRC , SIC to ensure accountability of the officers.

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