Humans Have Rights But How Much Are Those Respected In The  India   BY IMTIYAZ RESHI

Humans Have Rights

But How Much Are Those Respected In The World

    BY  IMTIYAZ RESHI

United Nations General Assembly passed a resolution 217-A (III) on 10th Dec. 1948. The main substance of these Articles is that all human beings are born free and equal in dignity and rights and freedoms set forth in this declaration without distinction of any kind such as race, colour, sex, language, religion, region, political or other opinion worth or other status. As per the declaration everyone has a right to life, liberty, security without any kind of torture, cruel, inhuman or degrading treatment or punishment and a right to recognition everywhere as a person before law.
Everyone as per declaration has a right not to be subjected to arbitrary arrest, detention or exile and has a right to leave and re-enter his country and has right to freedom of thought, conscience and religion and cannot be compelled to belong an association. That the two important covenants on (I)civil and political rights. (II) Covenant on economic social and cultural rights were passed in 1966, restating, and enlarging the scope of human rights. The more recent covenant passed by the General Assembly is known as international covenant on civil and political rights 1986 and all the signatories of such covenants have been asked to frame the human rights commissions in their countries and in this context, the Govt. of India has passed the protection of Human Rights Act 1993 and the state of Jammu and Kashmir passed protection of Human Rights Act in 1997.
The Supreme Court of India in its land mark judgement delivered in case “D.K BASU V/S STATE OF WEST BENGAL”  and “ASHOK-K-JOHRI V/S STATE OF U.P.” laid down some important guidelines regarding the arrests, searches and interrogation of the arrestees and failure to comply with such guidelines, directions would render the erring official subject to departmental action and also for contempt of court and it may be re-stated that no prior sanction of any Govt. is required for holding the contempt proceedings against any official of Union or state Govt.
As per the Supreme Court, torture has not been defined in the constitution or in other penal laws but as per Supreme Court ruling, “torture of a human being by another human being is essentially an instrument to impose the will of the strong over the weak by suffering”. The Supreme Court has quoted Andriana Barton.
“Torture is a wound in the soul so painful that sometimes you can almost touch it, but it is also so intangible that there is no way to heal it. Torture is anguish squeezing in your chest, cold as ice and heavy as a stone, paralyzing as sleep and dark as the abyss. Torture is despair and fear and rage and hate. It is a desire to kill and destroy including yourself”.
We have laws like Public Safety Act, Enemy Agent Ordinance, Prevention and Suppression of Sabotages Act, Armed Forces Special Powers Act, in addition to normal Penal Laws and we see always detentions, arrests, torture around us in utter violation of International Human Rights Declaration, Article 21 of Indian Constitution, protection of National and State Human Rights Acts and the Hon’ble Supreme Court judgements.
The Human Rights Violations are not only committed by the state but by the Individuals and private bodies as well, and in both the cases these are condemnable. The Union of India and State Governments have established Human Rights Commissions whose chairpersons and members are being appointed by the respective Governments as per their wishes and as such these don’t become effective bodies to deal with the magnitude of Human Rights violations.