As we all know in today’s world our human rights are something which we need for fulfiling our basic requirements like education but due to poverty and corruption all over the world these rights are violated by many people for their own benefit and people whose rights are violated will remain at the worse because they are uneducated and they don’t know what to do when someone violates their rights. Almost everyday there are many instances regarding violance, heinous torture, child abuse, ethnic cleansing. Despite this fact of the adoption of the universal declaration Human rights and special covenants which is provided to children, women , and to disabled people but then also the question remain the same is the goal behind this is actually fulfiled or not? I think the answer we all know for this question despite having human rights which talks about eqality, providing education to all we still have many people in our country who are uneducated and in today’s time also many people discriminates on the basis of caste, money etc.
KEYWORDS: child abuse, magna carta, dowry, harassment
In India, many machanisms like State Human Rights Commissions, National human rights commission, Women’s commission are set up in centre and in the states for solving cases regarding human rights. The constitution of India which is a Legislative safeguards is supreme a lex and multifarious laws such as The Human Rights Act, 1997 are existed but they don’t have any use as they are vain. Human rights violation are the ordee of the day and law enforcement which implementation is falls short. In India mostly rights are only remain at the paper because no one is ready to obey that rights in their practical life because of their comfort and due to this behaviour of ours we are not able to achieve our goals.
Poverty as a causative
Poverty is one of the causes in denial of the basic human rights which is food, education, clothing, shelter, healthcare and many more these all are basic necessities for living and these are our human rights too but because of poverty many people are not able to fulfiling these rights. An analysis of constitutional and other safeguards becomes pertinent to gauge the efficacy of the law in relation to the millions of people who only have law and justice for their support and no other recourse. Article 21 which is also known as Magna Carta of the constituion of India says that every person should enjoy their rights like others irrespect of their financial status as no person shall be deprived from his basic rights and necessities which is essential for living and personal liberty except in the case when it is established by law itself. Fundamental right to life and personal liberty of Article 21 is inherent in all of us and is not conferred upon us by the constitution. As these are the basic rights of the individual without which further rights like political and civil rights are of no use or they are only meaningless. The Court further said that the right to live of Article 21 is not only talking about living but to live with human dignity and all the necessities of life which is important for living such as clothing, shelter, food , education, healthcare, adequate nutrition etc.
In a case of Bandhua Mukti Morcha where the question regarding rehabilition of some laborers was the question , Bhagwati held that the fundamental right to live with human dignity is the right which is the part of right to live and it derives from the directive prinicples of state policy.
In case of Olga Tellis case the court held that right to life includes right to liveihood as no person can live tgeir life without knowing the actual meaning of the living.
However people who are living below the poverty line in india 31% population are living below the poverty line these rights has no meaning to them. The noble ideals of social, economic and political justice all are embodied in the preamble and many other parts of the constituion , millions of our fellow citizens have unrelaized dreams of these. This is the fact that india is a country which has largest population in the world who remains hungry as many people in india don’t have food to eat, the largest population of india don’t have clothes to wear and we have largest number of beggars, as india is a country which has its most of the population below the poverty line which means many people in india are facing poverty also this is one of a challenge which india is facing because if we want to developed our country like other countries such as UK,US we need to tackle our poverty problem and ensure that each children will educate as education is must to tackle the problem of poverty.
In India people do not have basic toilet facilities , many illiterate adults with no schooling and many widows who don’t have roofs and many people suffering from AIDS, india is a country which have largest population of a children who are malnourished as many children don’t get food to eat and if by chance they get then the food is of bad quality which is not good for their health, the mid meal scheme policy which was introduced to feed the poor children was not successfully accomplished by the state directive given by the supreme court in this matter. These poor children and helpless people died due to starvation and have absolutely no recourse.
DENIAL OF EDUCATION
In a case of Unni krishnan v. State of A.P the supreme court said about the education which is our fundamental right in the right to life under Article 21. Article 41 and 45 said that every children of india has a right to get a free education untill he becomes 14. This case is different from the Mohini jain’s case as right to education is depends upon the country’s economic capacity and development of the state. After the Unni krishnan case the situation was improved consequently the government enact the constituion 86th Amendment Act, 2002 this Act states that the state should provide free education to each and every children from the age of 6 to 14 years so that every child should be literate enough to live his life.
But as I said before in India mostly right are only remain at paper not in a practical world same thing is with this, the vicious circle of poverty denies lakhs of children from their right to gain education despite of this fundamental right that the children till 14 years must get free education. Country’s development and progress depends upon the people but in India many people are illiterate and government does not have adequate funds to provide education or run its own educational institute. Education is undergoing privatization due to this and the result is many schools have become a centre who exploit with the education and demand more and more fees from parents which is very difficult for a common man to fulfil as education now a days is only a business to earn money. The relevant reasons of these are not a proper infrastructure or lackof infrastructure, relevent eduction is not provided, low attendence, rates of drop out are high etc. As even after 5 decades of achieving idependence there are still 50% of children who are dropout, also inn our country discrimination regarding gender is also their in each and every field and that’s why literacy of females is more low than males, literacy rate of females is 39% and for males it is 64% this is a huge difference. As we know we are still in process to achieving universal literacy even after our 56 years of independence and with this situation and thinking it would take another 50 years to achieve universal literacy, education is the most important factor in development of any country as it is a sign of civilized society with undrestandable and literate people but the lack of education is a dark side which any country can have as it is one of the primary reason because of which crimes are taking place and the rate of violance is increasing rapidly and intolerance is spreading all over the country.
SUBJUGATION OF A WOMEN
Women having 50% of pouplation in India but India is a country which never gives women her rights as women are those who always denied from their human rights from their birth till their death. In some parts of the India girl child is not welcome mostly in rural areas these things are going on in today’s world also, as parents never invest in their girl child for their education or health care apart from this india is as its worse situation in our country sexual abuse and flesh trade are gnawing evil of a women which threaten them to live their life peacefully also threaten the existence of a independent women.
We know that the custom of taking dowry in india is from years now and this is the greatest crime against women this system shows that daughters and sisters are for sale which is totally a rubbish thing but nobody wants to do something for this not even a government. In a marriage market women are literally sold as this is not a marriage this is a business which they do, we daily came across with so many cases of dowries where huge amount of money is demanded from the girl’s parents even when man’s income can be supplement by the girl. As I told in our country women have no rights in their practical life because they are women their rights are only remain at the piece of paper. After all this women have to suffer more because of rapes which held almost daiy in india, women is nowhere safe in our country also there are very less women who gets the justice in india after rape or things similar to rape. Mostly women didn’t get justice because of curreption or biasness with them. In Mathura Case the judgment did not take care between the real consent and forcible submission. Accordingly the judgment which was held in Bhanwari Devi and few other cases like this were not in a favour of a deserving one but in a favor of a accused because of corruption and biasness and many judgments were unjust. In a judgment of a case of Vishakha v. State of Rajasthan, the supreme court laid down exhaustive guidelines related to sexual harassment which held with women in working place for preventing it untill any legislation is enacted specifically for this purpose.
So far we see many cases where our human rights are denied and many causes of this and the main cause is the poverty because people who are below the poverty line are denied from their basic human rights like education, healthcare, food, clothing, education etc. if we want to make our country well developed we need to provide human rights to all the citizens irrespective of their financial status but India is not ready to do this that’s why our country is still a developing country after so many years of independence and we need to adopt modern thinking to educate girls also rather only focusing upon boys and on their education. If we want to achieve our goal of a well developed country like UK, US we need to change our level of thinking and make it modern and more reliable for each and every person.
http://www.legalservicesindia.com/articles/violation.htm – Article source