23rd July 200823rd July 2008 11

Workshop on Revised Syllabus of Workshop on Revised Syllabus of FOUNDATION COURSE II FOUNDATION COURSE II

Module A-Human RightsModule A-Human Rights

Mahesh Bhagwat,Mahesh Bhagwat,

Mithibai College,Mithibai College,

VileparleVileparle

23rd July 200823rd July 2008 22

Human Rights Constituents: with special reference Human Rights Constituents: with special reference to the Fundamental Rights in Indiato the Fundamental Rights in India

Learning objectivesLearning objectives: Students should be: Students should be aware of different types of human rights such as civil, aware of different types of human rights such as civil,

political, and economic and social political, and economic and social and their Indian and their Indian context (and not just the Fundamental Rights),context (and not just the Fundamental Rights),

aware of particular rights such as right to life, right to aware of particular rights such as right to life, right to privacy etc.,privacy etc.,

able to understand and value the importance of rights able to understand and value the importance of rights in one’s life as a human being,in one’s life as a human being,

aware of the reasonable limitations on our rights,aware of the reasonable limitations on our rights, aware of the contested issues related to certain rights aware of the contested issues related to certain rights

such as euthanasia, capital punishment etc. and,such as euthanasia, capital punishment etc. and, able to analyse everyday incidents from the able to analyse everyday incidents from the

perspective of enjoyment or violation of rights.perspective of enjoyment or violation of rights.

23rd July 200823rd July 2008 33

Human Rights Constituents: with special Human Rights Constituents: with special reference to the Fundamental Rights in Indiareference to the Fundamental Rights in India

Concept of ‘Human Rights’Concept of ‘Human Rights’ Evolution and the international contextEvolution and the international context Specific rights with reference to Constitutional Specific rights with reference to Constitutional

and legal provisions in Indiaand legal provisions in India reference to case law and welfare measures reference to case law and welfare measures

wherever necessary and relevant wherever necessary and relevant Contested issues such as euthanasiaContested issues such as euthanasia Reference to violation of rights Reference to violation of rights

23rd July 200823rd July 2008 44

Laws related to human rights: Laws related to human rights: Protective and RepressiveProtective and Repressive

Learning objectivesLearning objectives: Students should be: Students should be insightful of the fact that laws can be twin-edged insightful of the fact that laws can be twin-edged

weapons as they are made by persons, who may not weapons as they are made by persons, who may not value rights of the people at times,value rights of the people at times,

appreciative of the fact that laws can be effective appreciative of the fact that laws can be effective vehicles of social, economic and political change for vehicles of social, economic and political change for the better,the better,

aware about specific laws that protect rights of certain aware about specific laws that protect rights of certain categories of people,categories of people,

aware of the repressive laws that violate our rights, aware of the repressive laws that violate our rights, and, and,

conscious about the need to resist repressive laws to conscious about the need to resist repressive laws to protect our civil liberties.protect our civil liberties.

23rd July 200823rd July 2008 55

Protective LawsProtective Laws

Need for laws protecting weaker sectionsNeed for laws protecting weaker sections Need for laws to fight against certain Need for laws to fight against certain

social traditions that amount to human social traditions that amount to human rights violationsrights violations

Every individual’s need for some common Every individual’s need for some common and basic security against the arbitrary and basic security against the arbitrary power of the state and also against power of the state and also against attempts by the society at large to restrict attempts by the society at large to restrict his freedom his freedom

23rd July 200823rd July 2008 66

Repressive Laws Repressive Laws

Knowledge about specific laws and provisions Knowledge about specific laws and provisions Why are they passed by Why are they passed by our ownour own representatives representatives

after all?after all? Erosion of personal libertyErosion of personal liberty Rise in arbitrary powers of enforcement agenciesRise in arbitrary powers of enforcement agencies Highlight the need to fight against repressive Highlight the need to fight against repressive

tendencies tendencies

23rd July 200823rd July 2008 77

Mechanisms to Protect and Promote Human Mechanisms to Protect and Promote Human Rights in IndiaRights in India

Learning objectivesLearning objectives: Students should be: Students should be

able to understand the need for protective able to understand the need for protective mechanisms in a democracy,mechanisms in a democracy,

aware of the role played by protective aware of the role played by protective mechanisms such as the NHRC, and,mechanisms such as the NHRC, and,

able to critically evaluate the work of various able to critically evaluate the work of various protective mechanisms.protective mechanisms.

23rd July 200823rd July 2008 88

Mechanisms to Protect and Promote Human Mechanisms to Protect and Promote Human Rights in IndiaRights in India

Such Mechanisms play the role of a watchdog in a Such Mechanisms play the role of a watchdog in a democracy democracy

Flexibility in procedure and approachabilityFlexibility in procedure and approachability There is not much awareness about the There is not much awareness about the

mechanisms mechanisms Considerable improvement in the performance of Considerable improvement in the performance of

some mechanisms such as the NHRC in the last some mechanisms such as the NHRC in the last fifteen yearsfifteen years

However, a lot is yet to be achieved However, a lot is yet to be achieved

23rd July 200823rd July 2008 99

The Role of NGOs and Movements in The Role of NGOs and Movements in Protecting Human RightsProtecting Human Rights

Learning objectivesLearning objectives:: the students should the students should

be aware of the importance of the role citizens be aware of the importance of the role citizens can play through NGOs and Movements in can play through NGOs and Movements in protecting and promoting their rights,protecting and promoting their rights,

know the different types of NGOs and know the different types of NGOs and Movements, Movements,

be aware of specific NGOs and Movements, be aware of specific NGOs and Movements, actively protecting and promoting human rights actively protecting and promoting human rights in India, and,in India, and,

be able to assess their performance.be able to assess their performance.

23rd July 200823rd July 2008 1010

The Role of NGOs and Movements in The Role of NGOs and Movements in Protecting Human RightsProtecting Human Rights

Emergence in the SeventiesEmergence in the Seventies Difference between NGOs and MovementsDifference between NGOs and Movements Good work done by some NGOs and MovementsGood work done by some NGOs and Movements It is necessary, however, to be watchful about It is necessary, however, to be watchful about

NGO activitiesNGO activities