SLC22-W3 / Derechos Humanos (DDHH)
| Steemit Learning Challange-22 [Week 3] :- Human Rights |
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Part 1
First of all, let me tell you that what human/fundamental rights have been given in our Indian Constitution. Originally there were 7 human rights guaranteed by the Constitution of India. At present there are 6 fundamental rights in our constitution. On right related to property was labeled as legal right and removed from fundamental rights in 1978.
The 6 rights provided by the Constitution of India
- Right to equality (Articles 14-18)
- Right to freedom (Articles 19-22)
- Right against exploitation (Articles 23-24)
- Right to freedom of religion (Articles 25-28)
- Cultural and educational rights (Articles 29-30)
- Right to constitutional remedies (Article 32 and 226)
The Constitution of India: The Guarantor of Human Rights in India
Since the State is the protector of the rights of the people, sometimes rights of the people are violated by state itself. there were some incidents happened in India which can be seen as Human Rights Violation. But this all depends upon the views of an individual. There were some specific situations in which strategic decisions are taken to tackle the problems like conspiracies and hidden enemies of the country.
The cases in which violation of human rights was marked:
- M.C. Mehta Vs Union of India (1986)
- Air India Vs Nargesh Mirza (1981)
- Naz foundation v. Govt of NCT of Delhi and Ors (2009)
- NALSA v. Union of India (2014)
- Navtej Singh Johar v. Union of India (2018)
- Joseph Shine v. Union of India (2018)
Read in details about above cases
Apart from these incidents, some small incidents happens in various parts of the country which are corrected if someone appeals before the judiciary. In India, citizens are aware of their rights and they protest if any violation is done and it is very crucial in a democracy. I love my country as it upholds the rights of the people and work in welfare of the citizens. Indian diplomacy is also very prudent. Our government also deals the foreign citizen's case very sensibly.
Human Rights have the same rank of value in our country as Human Rights provided in internation treaties.
India is a vast country in respect of Culture, Religion, Language etc. There was special need to uphold the rights of the people which have many differences.
Part 2
In our country, National Human Rights Commission is quite active. In case any violation is done by police or any other department, a citizen can knock the door of National Human Rights Commission. They look into the matter and help the appellant in finding justice. I think awareness in citizens plays the key role in finding justice in these types of cases. Actually due to the existence of the institutions like NHRC our rights are safe.
Well if I talk about me or my close friend/relatives, I have not heard any incident of Human Rights Violation so far. But in newspaper and T.V. Channels show many news regarding this. Human Rights Violation is done in a broader level in the countries affected by WAR. Now a days there are many countries like Seria, Yemen, Afghanistan, Pakistan, Palestine, Israel, Russia & Ukraine where Human Rights Violation is being done on a large scale.
Case Study 1.
A woman loses her son as he dies at the hands of assailants who take his life to steal his car. The assailants are soon apprehended and prosecuted for the homicide. He is serving a sentence provided for in the law. However, the woman considers that her right to life has been violated and decides to file a complaint with the Inter-American Commission on Human Rights.
Ques. Tell you if you consider that the human rights of the lady and the victim of the case were indeed violated and whether the complaint before the aforementioned body should be admitted or not. Substantiate your answers.
My Answer:- Going through the case study, I concluded that there is no case of violation of right to life of the lady but the victim, her son was deprived from his right to life as he was killed. So the right to life of the lady's son was violated.
Case Study 2.
A person is arrested in the middle of a protest against the government. He is beaten by police officers that causes his death. The prosecutor assigned to the case begins the investigation without being able to accurately identify the perpetrators of this homicide. Several years pass and the victim's relatives turn to the prosecutor's office for an answer and there they tell him that the case was closed due to the fact that several years passed without being able to identify the officials who caused the death.
Ques. Tell you if you consider that both the victim and his relatives are having their human rights violated. Substantiate your answers.
My Answer:- After reading the case, I think there was a violation of right to life of the victim and violation of human rights of the victim's relatives as they were deprived of their right to justice.
Justice must prevail
Here my article ends and I thank to @anasuleidy for teaching us on such an important topic.
I have given my best in this article and I hope our teacher would like it.
You've got a free upvote from witness fuli.
Peace & Love!