Human rights of SC/ST and religious minorities
Constitutional provisions
Constitutional rights and safeguards provided to the minorities in India
1. Constitutional safeguards for religious and linguistic minorities of India
Though the Constitution of India does not define the word ‘Minority’ and only refers to ‘Minorities’ and speaks of those ‘based on religion or language’, the rights of the minorities have been spelt out in the Constitution in detail.
2. ‘Common Domain’ and ‘Separate Domain’ of rights of minorities provided in the Constitution
The Constitution provides two sets of rights of minorities which can be placed in ‘common domain’ and ‘separate domain’. The rights which fall in the ‘common domain’ are those which are applicable to all the citizens of our country. The rights which fall in the ‘separate domain’ are those which are applicable to the minorities only and these are reserved to protect their identity. The distinction between ‘common domain’ and ‘separate domain’ and their combination have been well kept and protected in the Constitution. The Preamble to the Constitution declares the State to be ‘Secular’ and this is a special relevance for the Religious Minorities. Equally relevant for them, especially, is the declaration of the Constitution in its Preamble that all citizens of India are to be secured ‘liberty of thought, expression, belief, faith and worship and ‘equality of status and of opportunity.’
2.1 ‘Common Domain’, the Directive Principles of State Policy – Part IV of the Constitution
The Constitution has made provisions for the Fundamental Rights in Part III, which the State has to comply with and these are also judicially enforceable. There is another set of non-justiciable rights stated in Part IV, which are connected with social and economic rights of the people. These rights are known as ‘Directive Principles of State Policy’, which legally are not binding upon the State, but are “fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws”. (Article 37). Part IV of the Constitution of India, containing non-justiciable Directive Principles of State Policy, includes the following provisions having significant implications for the Minorities :-
(i) obligation of the State ‘to endeavour to eliminate inequalities in status, facilities and opportunities’ amongst individuals and groups of people residing in different areas or engaged in different vocations;[Article 38 (2) ]
(ii) obligation of State ‘to promote with special care’ the educational and economic interests of ‘the weaker sections of the people’ (besides Scheduled Castes and Scheduled Tribes); [Article 46] and
2.2 ‘Common Domain’, the Fundamental Duties – Part IVA of the Constitution
Part IVA of the Constitution, relating to Fundamental Duties as provided in Article 51 A applies in full to all citizens, including those belonging to Minorities. Article 51A which is of special relevance for the Minorities stipulates as under :-
(i) citizens’ duty to promote harmony and the spirit of common brotherhood amongst all the people of India ‘transcending religious, linguistic and regional or sectional diversities; and
(ii) citizens’ duty to value and preserve the rich heritage of our composite culture.’
2.3 ‘Common Domain’, the Fundamental Rights – Part III of the Constitution
The Constitution has provided a definite space for both the ‘domains’ i.e. ‘common’ as well as ‘separate’. In Part III of the Constitution, which deals with the Fundamental Rights is divided into two parts viz. (a) the rights which fall in the ‘common domain’ and (b) the rights which go to the ‘separate domain’. In the ‘common domain’, the following fundamental rights and freedoms are covered:
(i) people’s right to ‘equality before the law’ and ‘equal protection of the laws’; [Article 14]
(ii) prohibition of discrimination against citizens on grounds of religion, race, caste, sex or place of birth; [Article 15 (1) & (2)]
(iii) authority of State to make ‘any special provision for the advancement of any socially and educationally backward classes of citizens’ (besides the Scheduled Castes and Scheduled Tribes); [Article 15 (4)]
(iv) citizens’ right to ‘equality of opportunity’ in matters relating to employment or appointment to any office under the State – and prohibition in this regard of discrimination on grounds of religion, race, caste, sex or place of birth; [Article 16(1)&(2)]
(v) authority of State to make ‘any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State; [Article 16(4)]
(vi) people’s freedom of conscience and right to freely profess, practice and propagate religion – subject to public order, morality and other Fundamental Rights; [Article 25(1)]
(vii) right of ‘every religious denomination or any section thereof – subject to public order, morality and health – to establish and maintain institutions for religious and charitable purposes, ‘manage its own affairs in matters of religion’, and own and acquire movable immovable property and administer it ‘in accordance with law’; [Article 26]
(viii) prohibition against compelling any person to pay taxes for promotion of any particular religion’; [Article 27]
(ix) people’s ‘freedom as to attendance at religious instruction or religious worship in educational institutions’ wholly maintained, recognized, or aided by the State.[Article 28]
2.4 ‘Separate Domain’ of Minority Rights
The Minority Rights provided in the Constitution which fall in the category of ‘Separate Domain’ are as under:-
(i) right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct language, script or culture’; [Article 29(1)]
(ii) restriction on denial of admission to any citizen, to any educational institution maintained or aided by the State, ‘on grounds only of religion, race, caste, language or any of them’; [Article 29(2)]
(iii) right of all Religious and Linguistic Minorities to establish and administer educational institutions of their choice;[Article 30(1)]
(iv) freedom of Minority-managed educational institutions from discrimination in the matter of receiving aid from the State;[Article30(2)]
(v) special provision relating to the language spoken by a section of the population of any State;[Article 347]
(vi) provision for facilities for instruction in mother-tongue at primary stage;[Article 350 A]
(vii) provision for a Special Officer for Linguistic Minorities and his duties; and [Article 350 B]
(viii) Sikh community’s right of ‘wearing and carrying of kirpans; [Explanation 1 below Article 25]
3. India’s multi-culturalism interwoven in the Constitution
The various Articles of the Constitution providing rights to the minorities, clearly and firmly point out to only one direction: that of a multi-religious, multi-cultural, multi-lingual and multi-racial Indian society, interwoven into an innate unity by the common thread of national integration and communal harmony. By the yardstick adopted by the framers of the Constitution and crystallized into its provisions the Indian Nation is not just a conglomeration of individual inhabitants of this State; it comprises of two distinct categories of constituents. The two-tier commonwealth of Indian Nation includes, on one hand, every citizen of India individually and, on the other hand, the multitude of religious, linguistic, cultural and ethnic groups among its citizens. The Indian Nation is an enormous coparcenary in which the individual citizens are also members of their own respective branches taking the form of religious, cultural, linguistic and ethnic groups. And all these groups, like all individuals, have the same Fundamental Rights to enjoy and the same Fundamental Duties to discharge.
4. Protection of weaker sections in Indian pluralistic society
The social pluralism of India, as fortified by the unique Constitutional concept of secularism, raises the need for the protection and development of all sorts of weaker sections of the Indian citizenry – whether this ‘weakness’ is based on numbers or on social, economic or educational status of any particular group. The Constitution, therefore, speaks of Religious and Linguistic Minorities, Scheduled Castes, Scheduled Tribes and Backward Classes and makes – or leaves room for making – for them special provisions of various nature and varying import.
Human rights of physical, visual and mentally handicapped
This chapter, perhaps more than any other, should highlight the relationship between the goals of “full participation” by disabled persons and the strategies for guaranteeing the “equality” of opportunity and treatment, as well as the link between both these aims and one of the most cherished goals of organizations of disabled persons, namely, to ensure the maximum degree of autonomy and independence for the disabled. This means developing the capacities of the individual to the full, rather than adopting the traditional approach of emphasizing disabilities or handicaps to classify individuals, since these tend to be the direct or aggravated result of the attitude of the community itself towards persons who suffer from some real or apparent[59] physical or mental disorder or functional problem.
182. Clearly, the disabilities of a person who has not received proper rehabilitation treatment will grow worse and, in some cases, become acute. If he is discriminated against in the work place because of his disability or he is simply afforded no employment opportunity, his dependence and his isolation will be greater. If the educational system does not provide for his specific situation, a disabled person finds himself excluded from it, and without proper instruction his disabilities worsen. If the cultural and sporting activities of society are designed solely for a standard category of person, which does not include him, he will be barred from culture and sport. If means of transport, pavements and buildings are inaccessible to such a person, he will be unable to move about freely. In short, it is such barriers and discrimination which to a large extent create or aggravate disabilities and actually set people apart from society, in many cases making them a burden to the community. This demonstrates conclusively the importance of efforts to achieve the maximum degree of autonomy and independence for disabled persons, not only for their benefit, but also for the benefit of society as a whole.
183. Mr. Bengt Lindquist, Swedish Minister for Family Affairs and Matters concerning the Disabled and the Elderly, told a group of specialists that:[60]
The ideas and concepts of equality and full participation for persons with disabilities have been developed very far on paper, but not in reality. In all our countries, in all types of living conditions, the consequences of disability interfere in the lives of disabled persons to a degree which is not at all acceptable. Many of the existing obstacles and limitations occur in areas of fundamental importance to our situation as citizens of our societies. If a person in a wheelchair wants to attend a public meeting, be it social, cultural or political, and if he cannot get into the meeting room because the building is not accessible, his rights as a citizen have been violated. A blind person interested in a public debate who has no access to the daily paper in which the discussion takes place is in a similar situation. When a person is excluded from employment because of the fact that he is disabled, he is being discriminated against as a human being. If a general education system is developed in a developing country and disabled children are excluded, their rights are being violated.
Human rights of people living with HIV/AIDS
working for the dissemination of information and human rights standards relevant to the prevention and treatment of HIV and AIDS;
campaigning for the protection of HIV and AIDS activists and educators who are under threat by governments or individuals because of their work;
campaigning against violence against women, drawing attention to the gender-specific impact such violence has on spreading HIV;
Campaigning for the rights of uprooted people, including those who have been trafficked, who face particular risks of violence and HIV infection.
Support to the human rights of people living with HIV/AIDS:
Campaigning to safeguard the physical integrity and security of people living with HIV and AIDS;
Working for access to health care and education for prisoners living with HIV and AIDS;
Working for the protection of people who are at risk of acquiring HIV because of discrimination or as a result of violence including sexual violence;
Campaigning on the right to health, including available, accessible, acceptable and quality health services for people living with HIV.
Steps to ensure human rights for PLWHAs
1. Fulfill the international commitment to the right to health:
Every individual has the right to maintain good health and a satisfactory level of living condition. Optimum health, as a basic human right, should get recognition and special emphasis in every social welfare programme under governmental and non-governmental organizations.
2. Remove funding conditions that inhibit the prevention of HIV and AIDS:
The present funding system is such that the amount actually spent for grass root level out reach work is only a bare minimum. Most of the funds are wasted in organizing extravagant discussions and seminars as well as huge amount of salary for top level coordinators. Therefore, the entire structure of the flow of funds should be changed in such a way that the PLHAs get a fare amount for enhancing their welfare.
3. Ensure equal access to treatment:
No person shall be deprived of medical treatments on account of his/her being an HIV/AIDS affected. Thus efforts must be taken to reduce the level social stigma towards PLWHAs through continuous awareness and sensitization programmes.
4. Ensure access to information:
In order to bring any change in the living conditions and social status of the PLWHAs, especially those from poor economic background, it is inevitable that they must be provided with necessary information regarding the present developments in HIV/AIDS prevention and treatment as well as the availability of resources needed to enhance their welfare.
5. Guarantee sexual and reproductive rights:
This is an area where human rights of a PLWHA are violated at large scale. The fact that a person is affected with HIV doesn’t make him deprived of their sexual rights as long as it doesn’t affect the rights of another human being. Wide spread awareness programmes are essential to bring any attitude change in the society towards the sexual rights of PLHAs.
6. Safeguard women's rights and stop violence against women:
Women living with HIV/AIDS are more vulnerable to social alienation and torture than men in many respects. Generally studies have found out that woman are more susceptible to HIV infection than men when exposed to the virus during vaginal intercourse.
7. Ensure participation of people living with HIV and AIDS:
Statistically speaking, the number of people dieing with Hepatitis B and cardiac arrest is greater that those dieing with HIV/AIDS. However AIDS is considered as the most horrible disease of 21st century and so is the social taboos associated with it. Social alienation and segregation are the hardest human rights violation a PLWHA has to suffer. Bringing them back to the mainstreams and installing hope among them should become a basic objective in any welfare activity for them.
8. Share equally the benefits of scientific progress:
Any technology that doesn’t reach the lower strata of the society cannot bring change in the social attitude and general thinking. The fruits of medical advancements must reach the economically vulnerable group among the PLWHAs. The voluntary organizations have to assume a serious role with this regard.
9. Affirm the right to privacy and confidentiality:
Every individual has the right to live their life according to their wish. But it is a social reality that the PLWHAs often find themselves at the mercy of others in deciding the course of their life. An affirmation of their right to individual privacy and confidentiality of their personal sharing is inevitable in welfare programmes.
10. Ensure monitoring and evaluation for human rights and evidence-based solutions:
As emphasized by ‘Human Rights Watch’, a continuous mechanism for monitoring and evaluation of human rights assurance programmes and prevention of human rights violations is necessary at every district.
11. Strengthening associations among PLWHAs:
The exposure of a PLWHA to his/her peer group is a strong device in providing emotional support to them. The associations can be instrumental in enhancing the social status of the HIV infected.
Human rights of refugees and war victims
The relief, rehabilitation, and
resettlement of the victims of communal violence who were ‘displaced’
following the riots. The HR Commission had proposed several measures in that
behalf. However, the experience of the Commission has been that the State Governments
in responding to the recommendations of the Commission regarding the relief and
rehabilitation of victims, has been less than forthcoming or cooperative, with the result that the efforts of the Commission have not led to initiation of substantial additional measures or even adequate speedy measures relating to relief, rehabilitation and resettlement of the unfortunate victims.
In his further communication dated 17.9.2003, the Chief Secretary, Government of Gujarat, conveyed the following information to the Commission on issues relating to the relief and rehabilitation of the riot victims: The tenor of the information speaks for itself.
(a) Setting up of a Grievance Redressal Authority : Regarding the proposal of the NHRC for setting up of a Grievance Redressal Authority it was stated by the Chief Secretary, Gujarat that in the SCA no. 3217 of 2003 filed by the Citizens for Peace and Justice & Others before the High Court of Gujarat that a similar demand has been made. The SCA is yet to be admitted by the Hon’ble High Court. However, the High Court has directed the Chief Secretary to hear the petitioners and one such hearing has already taken place on 23.7.2003. Thus, the matter is sub judice.
(b) Rehabilitation of the victims and their survey: Apart from claiming that the state machinery had already carried out a detailed survey and paid compensation to the victims as per the policy guidelines of the state, the Chief Secretary stated that the State Government does not deem it necessary to conduct any fresh survey, even jointly with NHRC. The matter is also sub judice under the SCA mentioned above.
( c) Survey of riot affected persons still living in camp-like conditions: Regarding survey of riot affected persons still living in camp-like conditions, the Chief Secretary stated that the State Government is willing to examine any grievance. He also claimed that there is no family living in camp-like conditions.
(d) Restoration of Tombs and Holy Places : Regarding restoration of Tombs and Holy Places destroyed during the riots, the Chief Secretary stated that an SCA filed by the Islamic Relief Committee is pending before the High Court, and therefore the issue is sub-judice.
Human rights of prisoners
The movement for prisoners' rights is based on the principle that prisoners, even though they are deprived of liberty, are still entitled to basic human rights. Advocates for prisoners' rights argue that they are often deprived of very basic human rights, with the cooperation of the prison authorities. Alleged violations often include:
Prison authorities turning a blind eye to assault or rape of prisoners, failing to take sufficient steps to protect prisoners from assault or rape, or even allegedly arranging for prisoners to be assaulted or raped by other inmates as a form of punishment (prisoner rape)
Providing insufficient treatment for serious medical conditions
Refusing freedom of expression, to read materials, and communicate (particularly in cases of foreign languages in prisons)
Punishing prisoners who raise complaints about bad conditions
Taking away prisoners' rights to sue prison officials or governments for maltreatment, or to receive compensation for injuries caused by the negligence of prison authorities.
Depriving inmates of freedom of religion.
Blockading inmates rights to legal materials and access to the courts.
Not properly feeding and clothing the prisoner.
Disenfranchising prisoners.
Prisoner receiving material of personal use
As a corollary of the above, the following list represents a part of a prisoner's rights:
Right to be protected by authorities in the case of assault or rape
Right to Medical Treatment
Right to freedom of expression, reading materials, and communication
Right to express concern with the prison's standard of living
Right to a court of law with regards to prison authorities
Right to freedom of religion
Right to access to a court of law (mentioned above)
Right to drink safe water
Right to food and clothing
Right to equal and fair treatment
Some in the prisoners' rights movement also advocate:
Increasing the wages for workers who are employed within prisons
Custodial violence
Custodial Violence means torture in police custody. However, the word “torture” has not been defined in the Constitution or in other Penal Laws of India. The custodial violence by police over the victim is essentially an instrument to impose the will of the “strong” over the “weak” by suffering. It is a serious violation of human dignity which can destroy, to a very large extent, the personality of any individual.
Custodial Violence ruins the victim both physically and mentally. They remain in a state of perpetual fear and horror whenever they remember the atrocities they survived in the custody of policy. Haunted by the trauma they are probably never able to lead a normal life again.
Custodial violence, including torture and death in the lock-ups, strikes a heavy blow at the rule of law which demands that the powers of the Executive should not only be derived from law but also that they should be limited by law. These violations are committed under the shields of “uniform” and “authority” between the four walls of a police station, lock-up and prison, where the victims are totally helpless. The quality of a nation’s civilization can be largely measured by the methods it uses in enforcing criminal law. It is further aggravated by the fact that persons who are supposed to be protectors of citizens, themselves commit violations of human rights by practicing custodial violence.
Human rights of war victims
"Hundreds, if not thousands, of women and girls have been and continue to be the victims of widespread and, at times, systematic rape and sexual assault committed by a range of fighting forces," said Véronique Aubert, Deputy Director of Amnesty International’s Africa Programme.
Amnesty International said that many women and girls are the victims of gang rape or are abducted and forced into sexual slavery by fighters. Rape is often accompanied by beatings and torture - often committed in public and in front of family members. Some women have even been raped next to the corpses of family members.
"Women and girls - some as young as 10 years old - are targeted mostly on ethnic or political grounds," said Véronique Aubert. "As symbols of the ’honour’ of their communities, they are raped to humiliate the women, the men in their families, and their entire community. To our knowledge, none of the perpetrators of these crimes has ever been brought to justice.
"Rape and other forms of sexual violence have been used so extensively and with such impunity that we can only conclude that government security forces and armed opposition groups have been using these crimes as part of a deliberate strategy to instill terror in the civilian population," she added.
Some of the worst abuses against women and girls are committed by mercenaries, notably from Liberia, who are attached to Côte d’Iviorian armed opposition groups in the west of the country. Several women interviewed by Amnesty International said that the fighters who attacked, abducted and raped them "spoke English".
Survivors are often stigmatized and abandoned by partners or families - condemned to extreme poverty, often with dependent children.
Although no accurate statistics are available, it is widely believed that rape and sexual violence committed in the context of the conflict have worsened the HIV/AIDS crisis in Côte d’Ivoire substantially.
Victims of sexual violence are often unable to access what health care facilities do exist. Those living in areas controlled by the Forces Nouvelles are cut off from virtually all national public health services. Others are reluctant to travel due to the costs such travel entails and the serious risk they may be victimized again. In order to reach facilities, most women would have to pass through a series of roadblocks - the location of many survivors’ original rapes.
In its report, Amnesty International outlined several recommendations aimed at eliminating sexual violence against women and girls in Côte d’Ivoire. The recommendations relate to both the investigation of such crimes and ensuring effective judicial remedies, including compensation and rehabilitation.
"Rape and other forms of sexual violence committed by combatants or fighters during an armed conflict - whether international or non-international - are crimes against humanity and war crimes under international criminal law and should be treated as such," said Véronique Aubert. "Eliminating sexual violence must be a priority for any plan aimed at finding a peaceful solution to the current crisis in Côte d’Ivoire."
Human rights of women and children
A human rights approach recognizes that women and children should be central actors in their own development. The goal of development is therefore to create conditions that allow them to participate more fully in community life and in the creation of policies that affect them. Such a focus also helps to create a climate for the broader acceptance of human rights principles and leads to national policies and value systems that recognize human dignity, value tolerance and acknowledge the rights of people to be partners in the development of their communities. From a human rights perspective, broad participation is both a means and an end. CRC and CEDAW stress participation rights in particular, since traditionally women and children are those most marginalized and excluded from the processes of mainstream society.
Children’s participation rights include their involvement in the social, cultural and political spheres of life. One of the more meaningful participatory roles of youth is in helping determine their ‘best interests’. This is already happening in youth HIV/AIDS prevention programmes and increasingly in other programme areas. Participation is an end in itself, and UNICEF is developing programmes that have this principle as the main objective.
Joining forces to secure human rights
In the cooperation that has always been at the heart of UNICEF’s approach, governments are our principal partners. However, this cooperation becomes even more vibrant and productive when the groups and organizations of civil society that share common values join the partnership for good governance, which is an essential condition for the protection of children’s and women’s rights.
For this reason, the alliance with civil society organizations is not an alternative to working with governments, but is a cornerstone of the effective private/public collaboration essential to CRC and CEDAW implementation. The well-being of women and children is heavily determined by what happens in the private spheres of their lives: within their families, households and communities. The ability of parents, especially mothers, to provide for and protect their children is the key determinant of their survival and optimal development.
Human rights of senior citizens
Ageing is a natural process, which inevitably occurs in human life cycle. It brings with a host of challenges in the life of the elderly, which are mostly engineered by the changes in their body, mind, thought process and the living patterns. Ageing refers to a decline n the functional capacity of the organs of the human body, which occurs mostly due to physiological transformation, it never imply that everything has been finished. The senior citizens constitute a precious reservoir of such human resource as is gifted with knowledge of various sorts, varied experiences and deep insights. May be they have formally retired, yet an overwhelming majority of them are physically fit and mentally alert. Hence, given an appropriate opportunity, they are in a position to make significant contribution to the socio-economic development of their nation..
Problems Of The Aged:
Problems of the aged as follows :
(i) Economic problems, include such problems as loss of employment, income deficiency and economic insecurity.
(ii) Physical and physiological problems, include health and medical problems, nutritional deficiency, and the problem of adequate housing etc.
(iii) Psycho-social problem which cover problems related with their psychological and social maladjustment as well as the problem of elder abuse etc.
(I) Constitutional Protection:
Art. 41 : Right to work, to education and to public assistance in certain cases : The State shall, within the limits of economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Art. 46 : Promotion of educational and economic interests of ……. and other weaker sections : The State shall promote with special care the educational and economic interests of the weaker sections of the people…..and shall protect them from social injustice and all forms of exploitation.
However, these provision are included in the Chapter IV i.e., Directive Principles of the Indian Constitution. The Directive Principles, as stated in Article 37, are not enforceable by any court of law. But Directive Principles impose positive obligations on the state, i.e., what it should do. The Directive Principles have been declared to be fundamental in the governance of the country and the state has been placed under an obligation to apply them in making laws. The courts however cannot enforce a Directive Principle as it does not create any justiciable right in favour of any individual. It is most unfortunate that state has not made even a single Act which are directly related to the elderly persons.
(II) Legal Protections:
Under Personal Laws:
The moral duty to maintain parents is recognized by all people. However, so far as law is concerned, the position and extent of such liability varies from community to community.
(I) Hindus Laws:
Amongst the Hindus, the obligation of sons to maintain their aged parents, who were not able to maintain themselves out of their own earning and property, was recognized even in early texts. And this obligation was not dependent upon, or in any way qualified, by a reference to the possession of family property. It was a personal legal obligation enforceable by the sovereign or the state. The statutory provision for maintenance of parents under Hindu personal law is contained in Sec 20 of the Hindu Adoption and Maintenance Act, 1956. This Act is the first personal law statute in India, which imposes an obligation on the children to maintain their parents. As is evident from the wording of the section, the obligation to maintain parents is not confined to sons only, and daughters also have an equal duty towards parents. It is important to note that only those parents who are financially unable to maintain themselves from any source, are entitled to seek maintenance under this Act.
(II) Muslim Law:
Children have a duty to maintain their aged parents even under the Muslim law. According to Mulla :
(a) Children in easy circumstances are bound to maintain their poor parents, although the latter may be able to earn something for themselves.
(b) A son though in strained circumstances is bound to maintain his mother, if the mother is poor, though she may not be infirm.
(c) A son, who though poor, is earning something, is bound to support his father who earns nothing.
According to Tyabji, parents and grandparents in indigent circumstances are entitled, under Hanafi law, to maintenance from their children and grandchildren who have the means, even if they are able to earn their livelihood. Both sons and daughters have a duty to maintain their parents under the Muslim law. The obligation, however, is dependent on their having the means to do so.
(III) Christian And Parsi Law:
The Christians and Parsis have no personal laws providing for maintenance for the parents. Parents who wish to seek maintenance have to apply under provisions of the Criminal Procedure Code.
(IV) Under The Code Of Criminal Procedure:
Prior to 1973, there was no provision for maintenance of parents under the code. The Law Commission, however, was not in favour of making such provision. According to its report:
The Cr.P.C is not the proper place for such a provision. There will be considerably difficulty in the amount of maintenance awarded to parents apportioning amongst the children in a summary proceeding of this type. It is desirable to leave this matter for adjudication by civil courts.
The provision, however, was introduced for the first time in Sec. 125 of the Code of Criminal Procedure in 1973. It is also essential that the parent establishes that the other party has sufficient means and has neglected or refused to maintain his, i.e., the parent, who is unable to maintain himself. It is important to note that Cr.P.C 1973, is a secular law and governs persons belonging to all religions and communities. Daughters, including married daughters, also have a duty to maintain their parents.
(IV) Governmental Protections:
1. The Government of India approved the National Policy for Older Persons on January 13, 1999 in order to accelerate welfare measures and empowering the elderly in ways beneficial for them. This policy included the following major steps :
(i) Setting up of a pension fund for ensuring security for those persons who have been serving in the unorganized sector,
(ii) Construction of old age homes and day care centers for every 3-4 districts,
(iii) Establishment of resource centers and re-employment bureaus for people above 60 years,
(iv) Concessional rail/air fares for travel within and between cities, i.e.,30% discount in train and 50% in Indian Airlines.
(v) Enacting legislation for ensuring compulsory geriatric care in all the public hospitals.
2. The Ministry of Justice and Empowerment has announced regarding the setting up of a National Council for Older Person, called agewell Foundation. It will seek opinion of aged on measures to make life easier for them.
3. Attempts to sensitise school children to live and work with the elderly. Setting up of a round the clock help line and discouraging social ostracism of the older persons are being taken up.
4. The government policy encourages a prompt settlement of pension, provident fund (PF), gratuity, etc. in order to save the superannuated persons from any hardships. It also encourages to make the taxation policies elder sensitive.
5. The policy also accords high priority to their health care needs.
6. According to Sec.88-B, 88-D and 88-DDB of Income Tax Act there are discount in tax for the elderly persons.
7. Life Insurance Corporation of India (LIC) has also been providing several scheme for the benefit of aged persons, i.e.,Jeevan Dhara Yojana, Jeevan Akshay Yojana, Senior Citizen Unit Yojana, Medical Insurance Yojana.
8. Former Prime Minister A.B.Bajpai was also launch ‘Annapurana Yojana’ for the benefit of aged persons. Under this yojana unattended aged persons are being given 10 kg food for every month.
9. It is proposed to allot 10 percent of the houses constructed under government schemes for the urban and rural lower income segments to the older persons on easy loan. The policy mentions:
The layout of the housing colonies will respond to the needs and life styles of the elderly so that there is no physical barriers to their mobility; they are allotted ground floor; and their social interaction with older society members exists.
Despite all these attempts, there is need to impress upon the elderly about the need to adjust to the changing circumstances in life and try to live harmoniously with the younger generation as for as possible.
Palliative Care: Need of the hour : According to a pilot survey, 70% of city’s elderly population is undergoing some kind of medication. The average spending per day ranges between Rs. 3 to 200. However, nearly half of the money goes waste. The reason is absence of proper palliative care in the country. World Health Organization has marked October 7 as a day to create awareness about the importance and need for hospice and palliative care. “Access to the best quality care, while facing terminal illness is a human right. Ironically, many people in the world are denied this right. The bitter side is that government in many countries does not even realize the important of this right” said geriatric physician Dr. Abhishek Shukla
Human rights in work situations
Labor rights or workers' rights are a group of legal rights and claimed human rights having to do with labor relations between workers and their employers, usually obtained under labor and employment law. In general, these rights' debates have to do with negotiating workers' pay, benefits, and safe working conditions. One of the most central of these "rights" is the right to unionize. Unions take advantage of collective bargaining and industrial action to increase their members' wages and otherwise change their working situation. The labor movement initially focused on this "right to unionize", but attention has shifted elsewhere.
Critics of the labor rights movement claim that regulation promoted by labor rights activists may limit opportunities for work. In the United States, critics objected to unions establishing closed shops, situations where employers could only hire union members. The Taft-Hartley Act banned the closed shop but allowed the less restrictive union shop. Taft-Hartley also allowed states to pass right-to-work laws, which require an open shop where a worker's employment is not affected by his union membership. Proponents of "right to work" legislation claim that workers have the right to work whether or not they join a union. Labor counters that the open shop leads to a free rider problem.
Everyone has the right to work, to free choice of employment, to just and favorable conditions of work and to protection against unemployment.
Everyone, without any discrimination, has the right to equal pay for equal work.
Everyone who works has the right to just and favorable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplemented, if necessary, by other means of social protection.
Everyone has the right to form and to join trade unions for the protection of his interests.[1]
Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
The ILO and several other groups have sought international labor standards to create legal rights for workers across the world. Recent movements have also been made to encourage countries to promote labor rights at the international level through fair trade.[1]
Aside from the right to organize, labor movements have campaigned on various other issues that may be said to relate to labor rights.
Many labor movement campaigns have to do with limiting hours in the work place. 19th century labor movements campaigned for an Eight-hour day. Worker advocacy groups have also sought to limit work hours, making a working week of 40 hours or less standard in many countries. A 35-hour workweek was established in France in 2000, although this standard has been considerably weakened since then. Workers may agree with employers to work for longer, but the extra hours are payable overtime. In the European Union the working week is limited to a maximum of 48 hours including overtime (see also Working Time Directive).
Labor rights advocates have also worked to combat child labor. They see child labor as exploitative, cruel, and often economically damaging. Child labor opponents often argue that working children are deprived of an education.
Labor rights advocates have worked to improve workplace conditions which meet established standards. During the Progressive Era the United States began workplace reforms, which received publicity boosts from Upton Sinclair's The Jungle and events such as the 1911 Triangle Shirtwaist Factory fire. Labor advocates and other groups often criticize production facilities with poor working conditions as sweatshops and occupational health hazards, and campaign for better labor practices and recognition of workers rights throughout the world.
The labor movement pushes for guaranteed minimum wage laws, and there are continuing negotiations about increases to the minimum wage. However, opponents see minimum wage laws as limiting employment opportunities for unskilled and entry level workers.
Illegal immigrants cannot complain to the authorities about underpayment and mistreatment as they would be deported; and their willingness to work for low rates may depress rates of pay for others. Similarly, legal migrant workers are sometimes abused. For instance, migrants have faced a number of alleged abuses in the United Arab Emirates(including Dubai). Human Rights Watch lists several problems including "nonpayment of wages, extended working hours without overtime compensation, unsafe working environments resulting in death and injury, squalid living conditions in labor camps, and withholding of passports and travel documents by employers."[11] Despite laws against the practice, employers confiscate migrant workers' passports. Without their passports, workers cannot switch jobs or return home.[1] These workers have little recourse for labor abuses, but conditions have been improving.[12] Labor and social welfare minister Ali bin Abdullah al-Kaabi has undertaken a number of reforms to help improve labor practices in his country.[11]
The right to equal treatment, regardless of gender, origin and appearance, religion, sexual orientation, is also seen by many as a worker's right. Discrimination in the work place is illegal in many countries, but some see the wage gap between genders and other groups as a persistent problem