Every year tenth December is celebrated as Human Rights Day through out the world. This day is celebrated in commemoration of adoption of Universal Declaration of Human Rights in 1948. Adoption of Universal Declaration of Human Rights was one of the most important landmarks towards emancipation of human beings from the despotism and tyranny to which they were subjected through out human history. The idea of absolute sovereignty of states was associated with the perception that relations between human being and the state are exclusive domain of those who rule a state. No one beyond the territories of a state had a Locus Standi to question a state about its behaviour towards its subjects. Humans had tried a lot of devices to impress upon the rulers that they have to rule their subjects in a humane way but most of these efforts failed to yield any substantial improvement within the state craft.
December 10th is important because it was on this day International Community for the first time realized that the relation between individual and the state can’t be left within exclusive discretion of states. Individuals have to be ruled in accordance with certain norms prescribed by the international community. World was awakened for prescription of these norms through the reign of terror and tyranny that was perpetrated against innocent human beings during and prior to World War II. International Community felt that it was its indifference that led the dictatorships of those times to implement their fascist agenda. Laxity on the part of International Community emboldened the fascist regimes and they started to pursue this agenda against people of their neighboring countries thus triggering the World War II. Relation between Individual and State was thus perceived to be relevant to International Peace and Harmony.
United Nations under took to promote human rights thus taking relation between individual and the state out of the exclusive dominion of states and making it concern of international community. The job undertaken by the United Nations needed elaboration and specific projection of the rights which it expected states to implement within their jurisdiction. Universal Declaration accomplished this job. It enumerated various rights which states were supposed to promote and made it clear that promotion of these rights has to be without any discrimination. Within the preamble of the declaration it was made clear that rights need to be promoted and observed in order to prevent people from resorting to rebellion. Using these words the Universal Declaration incorporated within its preamble the ideas of Locke and Rousseau. The ideas which envisaged that a state has come and are ought to come into existence through a contract between people and those who rule. Absence of contract makes rule illegitimate. The contract is for the sake of protection of inalienable rights of human being. These rights form the consideration for the people to enter into contract.
Human rights day is a celebration for so many who have managed to secure their rights as a result of Universal Declaration of Human Rights. The declaration has lead to enumeration of rights provided within it in the constitutions of states. The laws in contradiction with the declaration have been modified. The courts have used the declaration for liberal interpretation of the existing laws and incorporated its provisions within domestic laws. Its provisions have been declared as rules of Customary International Law enforceable within domestic jurisdiction without consent or concurrence of states. Universal Declaration catalyzed creation of regional systems for redressal of human rights abuses and adoption of International Covenants. It was this declaration which triggered processes that made it possible for an individual to have recourse to International bodies for abuse of his human rights. The world changed in a big way. Scores of countries got freedom and made the rights provided within the declaration part and parcel of their laws. Universal Declaration did help in decolonization as it served a reference point for those who were oppressed and living alien and oppressive subjugation. In the words of Nelson Mandela Universal Declaration of Human Rights served as a ray of hope for the oppressed nations during darkest period of their history. Whole of this however, is one side of the story. For so many people Universal Declarations might have catalyzed an era of emancipation but there are so many nations who still aspire for it. Who still struggle for freedom and who still continue to languish within the darkness of subjugation and despotism?
Kashmir’s are one of such unfortunate nations. When whole of the world was engaged in deliberations for adoption of Universal Declaration of Human Rights Kashmir was in process of moving from one type of subjugation into another. The despotism of the local ruler got replaced by colonization of the state in 1947. While human rights did find their way into Indian Constitution Kashmir remained an alien land for the notion of Human Rights. Whole of the sub continent got freedom in 1947 Kashmir lost its freedom. Alien rulers did enact a drama of creating a constitution for us. From the very beginning this process lacked legitimacy. Those who were involved in framing a Constitution for us were not the ones whom people had elected but the ones whose election was facilitated uncontested by the alien administration. People were promised plebiscite, the promise was never fulfilled. They were made party to a contract to which they never consented.
In 1954 Part III of the Indian Constitution was extended to the state. Extension of this part to the state didn’t help people to enjoy the human rights. Human Rights provided within it were followed in breach rather than in observance. What was provided through one hand was taken away by another. Draconian laws in the form of Armed Forces Special Powers Act, Disturbed Areas Act, Public Safety Act, POTA, and TADA remained in force. Life of every person remains at the mercy of petty police and military officials who were empowered to kill any one as they wish and plunder whom of any one merely on suspicion that it is likely to be used for subversive activities. Thousands of innocents disappeared. State in order to evade its responsibility engaged private armed groups for implementation of its oppressive agenda of subjugation. Innocent girls continue to be raped and judicial remedies for the victims remain an illusion. Torture remains order of the day and world community is unable to do any thing besides providing artificial limb centers for the victims through its International Committee of Red Cross. Thousands remain in jails and interrogation centers merely on suspicious that they are likely to indulge in subversive activities. Once a Court quashes detention of a person he is rearrested soon after his release. Properties worth billions is devastated in counter insurgency operations and people remain desperate for rehabilitation. Perpetrators of human rights abuses within armed forces and Para military forces are immune from any litigation unless Indian home ministry gives clearance for their prosecution. Even the Human Rights Commission is unable to investigate human rights abuses committed by security forces directly. In Kashmir approaching Human Rights Commission is itself fraught with risk of loosing life in retaliation from security agencies. Former Chairman of State Human Rights Commission spoke out of his experience that people get killed or disappeared once they dared to approach the Commission for human rights violations. A Former Inspector General of BSF admits through involvement of girls in scandalous sexual activity he was perusing his counter insurgency operations. Present CM admits that seven percent of rapes in the state are committed by security forces. In this scenario people of Kashmir have nothing to celebrate on this day but to protest against abuses of human rights. World also needs to take stock of selective implementation of human rights and its criminal indifference towards dismal human rights scenario in Kashmir.
December 10th is important because it was on this day International Community for the first time realized that the relation between individual and the state can’t be left within exclusive discretion of states. Individuals have to be ruled in accordance with certain norms prescribed by the international community. World was awakened for prescription of these norms through the reign of terror and tyranny that was perpetrated against innocent human beings during and prior to World War II. International Community felt that it was its indifference that led the dictatorships of those times to implement their fascist agenda. Laxity on the part of International Community emboldened the fascist regimes and they started to pursue this agenda against people of their neighboring countries thus triggering the World War II. Relation between Individual and State was thus perceived to be relevant to International Peace and Harmony.
United Nations under took to promote human rights thus taking relation between individual and the state out of the exclusive dominion of states and making it concern of international community. The job undertaken by the United Nations needed elaboration and specific projection of the rights which it expected states to implement within their jurisdiction. Universal Declaration accomplished this job. It enumerated various rights which states were supposed to promote and made it clear that promotion of these rights has to be without any discrimination. Within the preamble of the declaration it was made clear that rights need to be promoted and observed in order to prevent people from resorting to rebellion. Using these words the Universal Declaration incorporated within its preamble the ideas of Locke and Rousseau. The ideas which envisaged that a state has come and are ought to come into existence through a contract between people and those who rule. Absence of contract makes rule illegitimate. The contract is for the sake of protection of inalienable rights of human being. These rights form the consideration for the people to enter into contract.
Human rights day is a celebration for so many who have managed to secure their rights as a result of Universal Declaration of Human Rights. The declaration has lead to enumeration of rights provided within it in the constitutions of states. The laws in contradiction with the declaration have been modified. The courts have used the declaration for liberal interpretation of the existing laws and incorporated its provisions within domestic laws. Its provisions have been declared as rules of Customary International Law enforceable within domestic jurisdiction without consent or concurrence of states. Universal Declaration catalyzed creation of regional systems for redressal of human rights abuses and adoption of International Covenants. It was this declaration which triggered processes that made it possible for an individual to have recourse to International bodies for abuse of his human rights. The world changed in a big way. Scores of countries got freedom and made the rights provided within the declaration part and parcel of their laws. Universal Declaration did help in decolonization as it served a reference point for those who were oppressed and living alien and oppressive subjugation. In the words of Nelson Mandela Universal Declaration of Human Rights served as a ray of hope for the oppressed nations during darkest period of their history. Whole of this however, is one side of the story. For so many people Universal Declarations might have catalyzed an era of emancipation but there are so many nations who still aspire for it. Who still struggle for freedom and who still continue to languish within the darkness of subjugation and despotism?
Kashmir’s are one of such unfortunate nations. When whole of the world was engaged in deliberations for adoption of Universal Declaration of Human Rights Kashmir was in process of moving from one type of subjugation into another. The despotism of the local ruler got replaced by colonization of the state in 1947. While human rights did find their way into Indian Constitution Kashmir remained an alien land for the notion of Human Rights. Whole of the sub continent got freedom in 1947 Kashmir lost its freedom. Alien rulers did enact a drama of creating a constitution for us. From the very beginning this process lacked legitimacy. Those who were involved in framing a Constitution for us were not the ones whom people had elected but the ones whose election was facilitated uncontested by the alien administration. People were promised plebiscite, the promise was never fulfilled. They were made party to a contract to which they never consented.
In 1954 Part III of the Indian Constitution was extended to the state. Extension of this part to the state didn’t help people to enjoy the human rights. Human Rights provided within it were followed in breach rather than in observance. What was provided through one hand was taken away by another. Draconian laws in the form of Armed Forces Special Powers Act, Disturbed Areas Act, Public Safety Act, POTA, and TADA remained in force. Life of every person remains at the mercy of petty police and military officials who were empowered to kill any one as they wish and plunder whom of any one merely on suspicion that it is likely to be used for subversive activities. Thousands of innocents disappeared. State in order to evade its responsibility engaged private armed groups for implementation of its oppressive agenda of subjugation. Innocent girls continue to be raped and judicial remedies for the victims remain an illusion. Torture remains order of the day and world community is unable to do any thing besides providing artificial limb centers for the victims through its International Committee of Red Cross. Thousands remain in jails and interrogation centers merely on suspicious that they are likely to indulge in subversive activities. Once a Court quashes detention of a person he is rearrested soon after his release. Properties worth billions is devastated in counter insurgency operations and people remain desperate for rehabilitation. Perpetrators of human rights abuses within armed forces and Para military forces are immune from any litigation unless Indian home ministry gives clearance for their prosecution. Even the Human Rights Commission is unable to investigate human rights abuses committed by security forces directly. In Kashmir approaching Human Rights Commission is itself fraught with risk of loosing life in retaliation from security agencies. Former Chairman of State Human Rights Commission spoke out of his experience that people get killed or disappeared once they dared to approach the Commission for human rights violations. A Former Inspector General of BSF admits through involvement of girls in scandalous sexual activity he was perusing his counter insurgency operations. Present CM admits that seven percent of rapes in the state are committed by security forces. In this scenario people of Kashmir have nothing to celebrate on this day but to protest against abuses of human rights. World also needs to take stock of selective implementation of human rights and its criminal indifference towards dismal human rights scenario in Kashmir.
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