CONTENTS

ABOUT THE ISSUE

HUMAN RIGHTS: A NECESSITY

ENVIRONMENT FOR HUMAN RIGHTS IN THE COUNTRYHUMAN RIGHTS AND VULNERABLE GROUPS EVALUATING THE STATUS OF WOMEN RIGHTS IN INDIA

JUVENILE JUSTICE SYSTEM IN INDIA EDUCATIONAL RIGHTS OF CHILDREN HUMAN RIGHTS AND THE ROLE OF JUDICIARY SOCIAL JUSTICE IN THE INDIAN CONTEXTJUDICIARY AND SOCIAL JUSTICEPROTECTING HUMAN RIGHTS IN INDIA

ABOUT THE ISSUEIt took us the horror of two world wars to realize and accept that peace and freedom in the true sense can be achieved only if we respect the inherent dignity of every individual and are committed to establishing social, political and economic orders that are fair and just for all. The Universal Declaration of Human Rights may not be legally binding on nations, but as part of the customary international law, it does affect the national conscience and subject moral pressure on countries to work towards securing rights and justice for their people.

For a country like India whose commitment to this objective is amply visible in its Constitutional provisions, the actual attainment of the end is certainly not easy. To start with, probably no other country in the world has to reckon with as many potentially divisive, diverse forces as ours. There are differences of region, religion, sex, caste and language. There are differences in economic status and educational attainment. Then there are people with physical and age related disabilities, those rendered homeless due to internal conflicts, natural disasters, industrialization and such other reasons, whose rights need to be protected. Economic development and rapid urbanization have contributed their own sets of vulnerable population groups the migrants, the slum dwellers, the industrial labourers, and those affected by deterioration of environment. So when India talks of securing human rights and social justice for all, she is not talking about a small, manageable, largely homogenous population. She is actually talking about securing the rights of more than a billion people, immensely heterogeneous in their diversity and often having interests that appear to be in direct conflict with those of another group.

While the government is taking rapid strides in the area of ensuring inclusive growth, caste and region based differences still exist in the common psyche.

Environment for Human Rights in The CountryHuman rights have been recognized as standards of achievements and norms of behaviors of all members of society, in particular the Government and its agencies. Human Rights form the foundation of society, and without its observance, society would disintegrate. Society can be maintained only by protecting and promoting dignity of human beings.

The basic Charter of Human Rights is found in Magna Carta, American War of Independence and French Revolution. These positive rights required positive action involving the use of resources and in 1948, Universal Declaration of Human Rights was adopted by the United Nations which included both civil and political rights as well as economic, social and cultural rights.

Human rights needed to be considered in totality as human dignity is by its nature indivisible. It was not enough merely to protect individual rights like civil, political, economic etc, without looking at the whole picture, as people were doing. We needed protection that was sustainable. Adequate steps needed be taken to build up mechanisms to safeguard these human rights in entirety.Social justice, as the American philosopher John Rawls pointed out, is predicated on the idea that a society can be regarded as egalitarian only when it is based on principles of equality and solidarity, where human rights are valued and the dignity of every individual upheld. A just society is one which provides a degree of protection to its weaker, differently-abled and less gifted members. It is not one where the law of the jungle prevails, where might is right. In a civilized society, reasonable constraints are placed on the ambitions and acquisitiveness of its more aggressive members and special safeguards provided to its weaker and more vulnerable sections. These considerations are basic to any scheme of social justice and their neglect will brutalize society.In a limited sense, the right to social justice may be said to be the right of the weak, aged, destitute, poor, women, children and other underprivileged persons, to the protection of the State against the ruthless competition of life. It is a bundle of rights, in another sense it is a preserver of other rights. It is the balancing wheel between haves and have-nots.

HUMAN RIGHTS: A NECESSITY

Our Constitution makers were fully alive to the need for providing safeguards to the weaker sections of society as is evident from the Preamble to the Constitution and Part IV of the Constitution, that is, the Directive Principles of State Policy. Social justice has become a pressing issue across the world, especially in the larger context of globalization, which is altering traditional roles and relationships between states and their citizens and throwing up multiple challenges to the realization of socio-economic justice, whether in the form of the devastating financial crisis, the rising cost of essential food commodities, or the growing influence of transnational bodies such as the WTO, IMF, World Bank and Multinational Corporations.

Nations with an overwhelming majority, defining development as a composite right where all human rights civil, political, economic, social, cultural as well as other rights such as the rights of children and women, are realized. Thus human rights were given new a dimension and content. Development was described as comprehensive economic, social and political process where all rights can be realized, and not merely as increase of GDP or rise in volume of employment or export promotion. Development necessarily entails economic growth, but this growth has to be equitable, participatory, accountable and transparent. The right to development is something which cannot be realized immediately. Right to food, health, education, employment, standards of living need to be realized progressively in phased manner, summing up to the right to development, and ultimately to human development. Human development means expansion of freedom and ensuring peoples ability to lead lives of their choice, with the removal of obstacle such as hunger, malnutrition, ill- health, illiteracy and economic insecurities.

The pursuit of social justice has become imperative in this day and age. However, while governments find it increasingly difficult to deny citizens their basic rights, there are deep- seated and well-entrenched socio- economic structures that continue to pose a colossal challenge to the realization of a just and equitable social order. Broadly speaking, social justice stems from the idea that all human beings are entitled to the fulfillment of certain basic needs and rights, regardless of their social differences such as economic disparity, class, gender, race, ethnicity, religion, age, sexual orientation, disability or health.While historically, all religions have preached the equality of individuals and fair treatment, it was the Universal Declaration of Human Rights (UDHR), which perhaps for the first time, formally acknowledged the importance of legally guaranteeing and protecting human rights of people across national divides. The UDHR together with the International Covenant on Social and Economic Rights and the International Covenant on Civil and Political Rights, contain progressive provisions that aim at promoting social justice globally.

Efforts are thus essential to continue to be actively engaged in the protection and promotion of the rights of the weaker sections of the Society through various programmes such as social and educational empowerment, labour welfare, supplementary and continuing education, rehabilitation for the physically and mentally challenged, sustainable livelihood, and womens empowerment, among a host of others.

While human rights institutions like the NHRC have a significant role in the promotion and protection of human rights in all spheres including social, economic, political and cultural, these can at best work as catalysts in assisting in efforts towards protecting and promoting human rights of the most vulnerable groups. The contributions of civil society actors and the state are just as crucial in this noble endeavor . In this regard, I believe the approach should be, think globally and act locally. It is only when we combine our efforts and energies in a symbiotic and enabling partnership that we will become, to quote Mahatma Gandhi, be the change we wish to see. Let us draw inspiration from the lives of great men like Mahatma Gandhi in building a new India, a great India based on social justice.HUMAN RIGHTS AND VULNERABLE GROUPSEvaluating the Status of Women Rights in India

Promoting empowerment requires that organisations review their structures and procedure to increase accountability and responsiveness to women whose empowerment they aim to support we are in the midst of a great revolution in the history of women.

The evidence is everywhere; the voice of women is increasingly heard in Parliament, courts and in the streets. While women in the West had to fight for over a century to get some of their basic rights, like the right to vote, the Constitution of India gave women equal rights with men from the beginning. Unfortunately, women in this country are mostly unaware of their rights because of illiteracy and the oppressive traditions.

The words of Dr Ambedkar, father of the Indian Constitution on empowerment of women stands relevant in todays context. He had described that the best religion in the world is the one which teaches liberty, equality and fraternity these are undoubtedly true in todays context n all sectors particularly in respect of women in India.

The Constitution of India guarantees equality of sexes and in fact grants special favours to women. These can be found in three articles of the Constitution. Article 14 says that the government shall not deny to any person equality before law or the equal protection of the laws. Article 15 declares that government shall not discriminate against any citizen on the ground of sex. Article 15 (3) makes a special provision enabling the State to make affirmative discriminations in favour of women. Moreover, the government can pass special laws in favour of women. Article 16 guarantees that no citizen shall be discriminated against in matters of public employment on the grounds of sex. Article 42 directs the State to make provision for ensuring just and humane conditions of work and maternity relief.There is no doubt that all, the Constitution imposes a fundamental duty on every citizen through Articles 15 (A) (e) to renounce the practices derogatory to the dignity of women.

All these are fundamental rights. Therefore, a woman can go to the court if one is subjected to any discrimination. When we talk about constitutional rights of women in India, we mainly refer to those areas where there is a tradition or tendency for discrimination against women, and special laws have been formulated to fight those tendencies. The most important issues are those pertaining to marriage, children, abortion, crimes against women, and inheritance.

Women have now not only found their place in work places but are also party to governance. In recent years there have been explicit moves to increase womens political participation Women have been given representation in the Panchayati Raj system as a sign of political empowerment. There are many elected women representatives at the village council level. At the central and state levels too women are progressively making a difference. Today we have women Chief Ministers in five large states of India. The Womens Reservation Bill is slated to further strengthen political participation.Women empowerment is essentially a down to top process rather than a top-down strategy i.e the strategy for women empowerment should start from the gross root level. Genuine women empowerment also requires women to have a voice and role in decision making. Recent experience suggests that gender planners working towards empowerment must develop ways of enabling women themselves to decide what their gender interests are and how to bring about change. Promoting empowerment requires that organisations review their structures and procedures to increase accountability and responsiveness to women whose empowerment they aim to support.

Some of the main hurdles for the actual empowerment of women in India are ignorance and illiteracy. Among the real life problems that the grassroots women face are lack of experience, stereo typed cultural attitudes, lack of confidence, lack of economic empowerment and illiteracy, burden of domestic chores and ignorance of procedures and the law, weak linkages between the government and other machineries , weak delivery mechanisms, changing policy environment, lack of knowledge as to how to avail institutional support to address their issues.

Though the governments, both at the centre and in the states have taken various steps to address the issue of empowerment of women, practical experience suggests that the actual progress made is very minimal. Unless awareness generation in this regard is taken up on a war footing by women groups and NGOs, no governmental effort would become a success. Hence the need of the hour is to create a campaign at all levels among the rural masses to spread the message of women power and to utilize the opportunities created by the government at various levels. This alone would help ensure that women are able to enjoy their rights fruitfully.Juvenile Justice System in India

The concept of juvenile justice in India owes much to the developments that have taken place in western countries, especially in the perception of children and human rights jurisprudence in Europe and America. The Apprentices Act, 1850 was the first legislation that laid the foundation of juvenile justice system in the country. The concept consequently gained momentum with the enactment of the Indian Penal Code (1860), the child offender should be treated differently from an adult offender. It also held that imprisonment of child offenders should be prohibited and recommended for provision of reformatory schools and constitution of childrens courts with procedures informal and elastic as possible. The Committee also drew attention to the desirability of making provisions and special enactment for children who had not committed crime so far, but could do so in the near future on account of living in criminal or inhuman surroundings or those without proper guardians or homes.

Development of Juvenile Justice System in India

Independence ushered in a new era for children in the country. The Constitution of India took care of survival, development and protection needs of children by making relevant provisions in Fundamental Rights and Directive Principles of State Policy.

The 1960 Children Act, provided for the care, protection, maintenance, welfare, training, education and rehabilitation of neglected and delinquent children. For the first time in India, the Children Act prohibited the imprisonment of children under any circumstance. It provided for separate adjudicatory bodies a children court and a child welfare board to deal with delinquent and neglected children. The Act also introduced a system of three-tier institutions, namely, an observation home for receiving children during the pendency of their proceedings, a childrens home for accommodating neglected children, and a special school for delinquent children. It, however, introduced a sex discriminatory definition of child. Child in case of a boy was one who was below 16 years and in case of a girl below 18 years of age. All states subsequently enacted similar, but not exactly the same Children Acts. The definition of the term child differed from state to state. As a result, delinquent and neglected children were subjected to differential treatment emanatin from the diverse conceptions of child and childhood.It further guaranteed a wide range of dispositional alternatives with preference for family or community-based placement, and a vigorous involvement of voluntary agencies at various stages of the juvenile justice process. The basic ideology for adopting this differential approach was to save children from devastating ill-effects of criminalization, penalization and stigmatization. But the implementation of the JJA had many loopholes in terms of age determination, separate trials, court proceedings, notification of charges to parents or guardians, filing of reports by probation officers, reasons for and length of confinement, rehabilitation and after care of juveniles. The juveniles were often not provided with a copy of the rules governing their detention and the written description of their rights. Many juveniles housed in institutions run by the government did not know the purpose of their stay and the future of their institutionalization. The chasm between reality and the application of the law was felt all the more with the adoption of the 1989 Convention on the Rights of the Child (CRC) and its ratification by the Government of India in 1992. Both provide detailed directions about the processes to be followed by the juvenile justice system in dealing with persons below the age of 18. The 1993 World Conference on Human Rights in Vienna and the successive adoption of Vienna Declaration and Programme of Action which urged States to ratify and implement promptly the CRC too made a definitive impact on all those concerned with the plight of these children in India including the governmentJuvenile Justice (Care and Protection of Children) (Amendment) Act 2006

JJA 2000 was further amended in 2006 to make it clear that juvenility would be reckoned from the date of commission of offence who have not completed eighteenth year of age thus clarifying ambiguities raised in Arnit Das vs State of Bihar [(2000] 5 SCC 488]. The amendment also made it clear that under no circumstances, a juvenile in conflict with law is to be kept in a police lock-up or lodged in a jail. National Human Rights Commission and Measures for Juvenile Justice System

The National Human Rights Commission (NHRC) is an embodiment of Indias concern for the promotion and protection of human rights. Ever since the NHRC came into existence, it has been concerned about the plight of juveniles who come in conflict with law and children who are in need of care and protection. While the Law Division of the NHRC has been dealing with complaints; the Policy Research, Projects and Programmes Division of the NHRC has been monitoring the implementation of the related Act at the national level as well as studying and recommending effective application of those international instruments that intend to improve the overall functioning of the juvenile justice system in the country. Some instances of NHRC intervention in this regard are given below.

Conclusion

Undoubtedly, juveniles in conflict with law and children in need of care and protection are defenseless and they need special protection. The state guarantees special treatment to them through statutory law. However, in practice, they often get victimized by legal and procedural entanglements. They are more prone to human

rights violations at the hands of state agencies, their own family and community in the form of arbitrary detention, cruel punishments, torture and abuse. In recent years, the problems of children in need of care and protection and those in conflict with law has been receiving considerable attention both of the government, NHRC, social activists as well as the civil society at large. But, the problems encountered by them are of gigantic nature and all that is being done is not sufficient. If the problems faced by them are not taken into account, we as a society would be failing in our duties. It is therefore of paramount importance that as a society we must devote full attention to ensure that they are properly cared for so that they have their rightful place in the society. For this to happen, there is need to spread awareness on the problems faced by them as well as build-up the capacities of all those dealing with them.

Human Rights and the Role of JudiciaryTHE principle of universality of human rights is the cornerstone of international human rights law. This concrete expression to universality. Some fundamental human rights enjoy universal protection by customary international law across all boundaries and civilizations.

The Indian judiciary has established several norms, laws and guidelines by delivering several verdicts in the context of human rights and social justice principle, as first emphasized in the Universal Declaration on Human Rights in 1948, has been reiterated in numerous international human rights conventions, declarations, and resolutions. The 1993 Vienna World Conference on Human Rights, for example, noted that it is the duty of States to promote and protect all human rights and fundamental freedoms, regardless of their political, economic and cultural systems.

Human rights are rights inherent to all human beings, whatever their nationality, place of residence, sex, ethnic origin, colour, religion, language, or any other status. We are all equally entitled to our human rights without discrimination. These rights are all interrelated, interdependent and indivisible.

Non-discrimination is a cross- cutting principle in international human rights law. The principle is present in all the major human rights treaties and provides the central theme of some international human rights conventions such as the International Convention on the Elimination of All Forms of Racial Discrimination and the Convention on the Elimination of All Forms of Discrimination against Women.

The principle applies to everyone in relation to all human rights and freedoms and it prohibits discrimination on the basis of a list of non-exhaustive categories such as sex, race, colour and so on. The principle of non-discrimination is complemented by the principle of equality, as stated in Article 1 of the Universal Declaration of Human Rights: All human beings are born free and equal in dignity and rights.

Human rights & Indian Constitution:

The Universal Declaration of Human Rights in 1948 by United Nation had a great impact on the constitution of the newly independent India. A separate chapter on fundamental rights has been included in the Constitution which is similar to the Declaration of Human Rights. Independent India has no history of movement for Human Rights as the provision has been already made in the Constitution in the form of fundamental rights. The doctrine of human rights contains equality, justice, liberty and fraternity, which are also the basis of fundamental rights. Article 21 of our Constitution provides all this with the protection of Article 32 by which an individual can draw attention of Judiciary towards any injustice done on the basis of sex, race, caste and religion. Our constitution has provided a mechanism for implementation of such rights and laws.

The Indian Judiciary has played a significant role in this context and extended the scope and limit of human rights with the help of Directive Principles. While widening the definition of Article 21, [Right to live] judiciary has included subjects like health, education, medical aid, food etc, which are basic requirements of human being. We know the importance of human rights and our Constitution and judiciary are committed towards justice for common people. We are also committed towards the declaration of Human Rights for all made by United Nations.

Judicial Response towards Human rights :

Every legal system is based on three basic principles i.e. justice, equity and rule of law. Every person possesses certain rights that may be fundamental or natural, given to him by law. To protect these rights and to make amends for wrong , we have established the judicial system. The Indian judiciary has established several norms, laws and guidelines by delivering several verdicts in the context of human rights and social justice.

The right to live in peace is a basic and essential right in the context of human rights and freedoms. Article 21 of the Constitution of India, provides that, No person shall be deprived of his life or personal liberty except according to procedure established by law.Life in Article 21 of the Constitution has much wider meaning which includes right to live with human dignity, right to livelihood, right to health, right to pollution free air, etc. Right to life is fundamental to our very existence without which we cannot live as human beings and includes all those aspects of life which go to make a mans life meaningful, complete and worth living. It is the only article in the Constitution which has received the widest possible interpretation. Supreme Court, through its various decisions has elaborated the concept of Article 21.

In the Delhi Pollution Case, the Supreme Court held in 1989 that Article 21 of the Constitution guaranteeing the right to life must be interpreted to include the right to live in a healthy environment with minimum disturbance of ecological balance, and without avoidable hazard to [the people] and to their cattle, house and agricultural land, and undue affection of air, water, and environment. The subsequent ruling In Francis Coralie Mullin v Administrator, Union Territory of Delhi, the Honourable Supreme Court stated that, the right to life includes the right to live with human dignity and all that goes along with it, namely, the bare necessaries of life such as adequate nutrition, clothing and shelter over the head and facilities for reading, writing and expressing oneself in diverse forms, freely moving about and mixing and commingling with fellow human beings. Thus , the Supreme Court has interpreted Article 21 in a widest possible manner and included within its ambit the right to live with human dignity.

Protection of Human Rights and PIL :

The Indian judiciary played a very active role by entertaining Public Interest Litigation which provides an opportunity to the judiciary to examine the socio- economic and environmental conditions of the oppressed, poor and the downtrodden people through PIL. Under the Article 32 of the Constitution the Supreme Court has directed the government to implement the fundamental right to life and liberty and execute protection measures in the public interest.

The Public Interest Litigation has become a safeguard to Human Rights. The principle and practice of PIL has been followed by High Courts and the Supreme Court in a number of cases. The some of the famous cases where the court has issued direction under PIL and protected the human rights of individuals are Bihar [Bhagalpur] under trail criminal case, the case of Bombay pavement dwellers , Bandhua Mukti Morcha Vs. Union of India. etc. Chief Justice P.N. Bhagwati observed, where a legal wrong or legal injury is caused by a person to a determinate class of persons, who by reasons of poverty, helplessness or disability, or socially and economically disadvantaged position, is unable to approach the court for relief, any member of the public can maintain an application for appropriate direction [S.P. Gupta Vs.Union of India,SC 1982]

The first reported case of PIL in 1979 focused on the inhuman conditions of prisons and under trial prisoners. In Hussainara Khatoon v. State of Bihar, [AIR 1979 SC 1360] the PIL was filed by an advocate on the basis of the news item published in the Indian Express, highlighting the plight of thousands of under trial prisoners languishing in various jails in Bihar. These proceedings led to the release of more than 40, 000 under trial prisoners. Right to speedy justice emerged as a basic fundamental right which had been denied to these prisoners. The same set pattern was adopted in subsequent cases. The court also read right to free legal aid as a fundamental right of every accused.

Independence of the judiciary in India stems from the separation of powers between the executive, the legislature and the judiciary, making it possible to constitute a system of checks and balances aimed at preventing abuse of power. This separation and consequent independence is the key to the judiciarys effective functioning and upholding of the rule of law and human rights. Without the rule of law, there can be no realization of human rights. The role of the judiciary in any society must be to protect human rights by way of due process and effective remedies. This role cannot be fulfilled unless the judicial mechanism is functioning independently, with its decisions based solely on the basis of legal principles and impartial reasoning.

Social Justice in the Indian Context

If people continue to remain under the influence of old traditions and beliefs, no amount of equitable distribution of resources will be successful in creating a right atmosphere for social justice the world in the field of sociology, law and jurisprudence have tried to define social justice in their own way. The result is that the term has come to assume varied interpretations.In modern times, man as the measure of all things has come to occupy the most important position in any concept of social justice in modern democracies. In democracy, the individual is treated as an end in himself, and any concept of social justice must be based on this basic principle. Social Justice means that every individual is given full opportunities to develop his capacities and this opportunity is given to maximum number of persons in society. The creation of social justice means the creation of an environment in which every individual has got unreserved and unhindered op portunity for physical and intellectual development. In removing disabilities arising from caste, sex, race, colour, creed, religion or nation ality, and providing opportunities in a positive way with a view to developing individual faculties lies the essence of social justice.

Social Justice in India

To begin with, let us turn to the Preamble of the Indian constitution which stands for

Justice, social, economic and political. The constitution framers wanted social justice in a comprehensive sense. Let us analyse the implications of economic, political and social justice in the context of India.

Economic AspectsIn the constitution the basic objectives of justice were set forth as The Directive Principles of State Policy which stated that The state shall strive to promote the welfare of the people by securing and protecting, as effectively as it may, a social order in which justice, social, economic and political, shall inform all the institutions of national life.Further that -

The State shall, in particular, direct its policy towards securing (a) That the citizens, men and women equally, have the right to an adequate means of livelihood (b) That the ownership and control of the material resources of the com munity are so distributed as best to serve the common good; (c) That the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.Thus the concept of social justice on the economic side demands a guarantee of: (i) work to every able bodied citizen; (ii) satisfaction of basic needs of every individual and (iii) provision of equal opportunity to every citizen to develop his potential. The disparities in income should not be such as to create an unbridgeable gulf between the rich and the poor leading to conflicts and unrest. To achieve economic Justice, the government in India has adopted a socialist pattern of society as its goal, and it is practicing planned development of the economy of the country. The basic premise in Indias Five Year Plans is that, through democracy and widespread public participation, development along socialist lines will secure rapid economic growth and expansion of employment, reduction of disparities in income and wealth, prevention of concentration of economic power, and creation of the values and attitudes of a free and equal society. However, in spite of years of planning, even the minimum economic requirements of social justice have not been achieved in India. Millions of able bodied citizens are unemployed, millions are living in miserable conditions, suffering hunger and semi-starvation; the gulf between the rich and the poor is widening. Prices are rising higher and higher, and a large percentage of the population finds it difficult to make ends meet.

Political Aspect

In the field of politics, justice means: equality before law, enjoyment of civil liberties and equality of opportunity. One may emphasize here the following in particular:

(1) The state should not distinguish between citizen and citizen on the basis of sex, creed, colour, caste, or religion.(2) The state should not give any preferentialtreatment on the basis of religion.(3) Rule of law with independent and impartial judiciary as a protector of fundamental rights should be guaranteed.(4) Basic freedoms like freedom of speech, expression, criticism, freedom to hold meetings and organize parties, freedom of the press etc.; should be guaranteed.

Freedom is the corner stone of any concept of justice. Closed societies, which deny freedom to individuals, also deny social justice. The concept of social justice prevails in real democracies or open societies because they treat man as an end and provide him freedom to develop his personality. No doubt we have all the ingredients of social justice in its political aspect, but many find the wide powers of the executive, e.g. Emergency Proclamation a threat to freedom. Further, the Preventive Detention Act is the greatest danger to individual liberty in India.

Social Aspects

Every individual in society should feel that he/she is an important and useful member, that he/she has full opportunities to develop his/her faculties, that there are no disabilities attached by birth, and that he/she is not subjected to discrimi nation on the basis of sex, colour, creed, caste or religion. Unfortunately in India there are sections of society which are denied social justice either on the basis of sex, or birth or religion. Scheduled Castes and Scheduled Tribes have been suffering great social injustices and disabilities by birth. They are condemned to a position of inferiority and subordination to the higher castes. Our social heritage is partly respon sible for this unfortunate phenomenon, but it is also our fault that we have not changed with the changing times. Caste system continues to be oppressively hierarchical in many parts of the country, despite constitutional safeguards and laws against it.

Another important section of society which has suffered a great deal of social injustice in India is women. This again is both due to our social traditions and due to our resistance to change. It is heartening to note, however, that the conscience of India has already awakened to this aspect of social injustice and it is on the way out gradually.

Another hindrance in the way of achieving social justice in India is the wrong interpretation of fate and Karma. People think that their position in society is pre- determined by their past actions. If they are poor or treated badly by society, they blame it on their past sins and bad actions rather than fighting injustice and making efforts to improve their lot. This attitude needs to be changed in order to create a proper climate and atmosphere for achieving social justice.

Educational Rights of Children EDUCATION is an index of harmonious development. It becomes more important to persons speech, physical, cognitive, or sensory impairments are unable to participate in education. The purpose of education is to enable a child to learn, develop their innate

Schools must change in order to accommodate student diversity, so that there is no need to segregate some because they might have different needs or abilities with disabilities for their development and for enjoying life as independently as possible. There may be differences in individual ability but each individual contributes to society. Education as a tool empowers the individual to contribute positively in the process of development of society and nation. Therefore, it is a social responsibility to ensure full development of all types of individuals in order to ensure efficient use of their abilities. Disabled children are often excluded from education as a result of societys lack of knowledge about impairments in general, and the negative attitudes and stigma attached to them. Social prejudices assume that children with learning capabilities fully and participate meaningfully in the progress of society. Education plays a critical role in promoting childrens development and in preparing them for adult life as active participants in the local community and society, more so for a child who is differently abled.

Persons with disabilities have a right to lead lives of dignity and self-respect. They can enjoy their rights only if they get adequate opportunity to pursue their education in a wholesome way that leads to the realization of their self worth and ability, and their acceptance and respect by society. For this goal to be realized, it is essential that their education is not imparted in an atmosphere of exclusion rather, a wholesome, inclusive education is the only means for achieving such an end.

The concept of human rights for disabled persons began to become more accepted internationally in the 1970s. Article 26 of the universal Declaration of the Human Rights (1948) states that ,education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedom. It shall promote understanding, tolerance and friendship among all nations, social or religious groups and shall further the activities of the United Nations for the maintenance of peace.

Together, these documents recognize that education is a human right of every child.

Following Articles of the Indian Constitution, reflect the commitment to provide education to all, including children with special needs.

Article 15: The state shall not discriminate against any citizen on grounds of religion, race, caste, sex, place of birth or any of them.

Article 21A: provides for free and compulsory education to children in the 6-14 age groups as a Fundamental Right in the Constitution of India. Consequent to this insertion the existing Art 45 in the Directive Principles was replaced and made applicable to children in the 0-6 age group.

Article 29(2): Provides that no citizen shall be denied admission into any Educational Institution maintained by the state.Article 41: the state shall, within the limits of its 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 wants.

Article 45: Directs the state to provide free and compulsory education for all the children until they attain age of 14 years.

Article 46: - shall promote with special care the educational and economic interests of the weaker sections of the people, and, in particular, of the Scheduled Castes and the Scheduled Tribes.

Though several international and national initiatives have already been taken but we are still very far from achieving the goal of education for all. The attainment of this goal cannot be considered complete till we are able to provide an inclusive education to the disabled.

Judiciary and Social Justice

Our judiciary has played a key role in enforcing social justice and made our legal system more accessible and responsive to the diverse needs of various sections of society mainly with allocation of benefits, goods and services as well as burden among the members of society, particularly in scarce situation. Therefore, the term social justice, implies a reordering of social life in such a manner that the material and moral benefits of social effort are not cornered by a tiny privileged class but accrue to the masses to ensure the uplift of the lower, weaker and underprivileged sections. This involves a logical synthesis of liberty, equality and fraternity.

Our constitution elaborately deals with such process under Part IV i.e. Directive Principles of State Policy (DPSP). The DPSP strengthen and promote the concept of social justice by seeking to lay down some socio-economic goals which the various governments in India have to strive to achieve. But Article 37 makes DPSP non-enforceable by court of law. However, our judiciary has left no stone unturned to enforce DPSP and invented new ways, wherever needed, to enforce it. Wherever the Executive failed in enforcing DPSP, the Judiciary stepped in. The advent of Public Interest Litigation (PIL) jurisdiction under Article 32 coupled with liberal interpretation of various Articles like Art. 14,19,21,32 and 226 etc. has ushered in a new era in modern India, where Judiciary is not only seen as guardian of the Constitution but also as guardian of poor and marginalized sections of society.

In Consumer Education & Research Centre v. Union of India AIR 1995 , Honorable Supreme Court elaborated on the theme of social justice envisioned in the Preamble to the Constitution and Part IV. JUSTICE IS concerned with human dignity. Social justice is a dynamic device to mitigate the suffering of poor, weak, dalits, and tribals and the deprived sections of the society and to elevate them to the level of equality to live a life of dignity. The aim of social justice is to attain substantial degree of social, economic and political equality.By reading Art. 21 with the DPSP, the Supreme Court has derived therefrom a bundle of rights. To name a few of these: The right to live with human dignity. (Bandhua Mukti Morcha v. Union of India AIR 1984) Right to free legal aid. Right to health and social justice has been held to fundamental right of workers. This right has been derived from Art. 21 read with Art 39(e), 41, 43 and 48A.

These are a few examples of various rights intricately connected with the mandate of social justice, which our Judiciary has evolved and invoked. In brief, read with various Directive Principles, Art. 21 has emerged as a multi-dimensional Fundamental Right. Art. 14 and Art. 39(d), read together, have led to the emergence of the principle of equal pay for equal work.

In recent decisions of Supreme Court, one can find extensive reference to Human rights. Today, human rights jurisprudence in India has Constitutional status , said Krishna Iyer, J., in Sunil Batra (no. 2) v. Delhi Administration, AIR 980 SC 1579 . , that in interpreting constitutional and statutory provisions the Court should not forget the core principle found in Universal Declaration of Human Rights, 1948. This is a welcome trend. This approach will go a long way in inculcating a sense of accountability in public authorities discharging public duties towards the people and particularly towards the weaker sections of society. In this way, our Judiciary has played a key role in enforcing social justice and made our legal system more accessible and responsive to the diverse needs of various sections of society.PROTECTING HUMAN RIGHTS IN INDIA

What was the first global expression of Human Rights ?

The first global expression of human rights came in 1948, just after the second world war, in the form of the universal Declaration of Human Rights adopted by the UN General Assembly. The declaration recognizes that human beings are inherently entitled to certain rights; justice and peace in the world can be established only if the human dignity of all people is respected, and disregard for the same outrages the conscience of mankind. The declaration recognizes freedom of speech, belief, freedom from fear and from want as the highest aspiration of people. The International Bill of Human Rights which consists of the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights , and the International Covenant on Civil and Political Rights and its two Protocols, took on the force of international law in 1976. Subsequently, the Vienna Declaration and Plan of action were adopted in 1993. This declaration established the interdependence of democracy, economic development, and human rights; brought in the concept of rights being indivisible, interdependent, and inter-related and led to the creation of the post of United Nations High Commissioner for Human Rights . India is also a signatory to the Vienna declaration.

What is the main framework for protecting human rights in India ?

The main framework for protecting human rights in India is provided by the Protection of Human Rights Act, 1993. This has been enacted pursuant to the directive under Article 51 of the Constitution and also the commitments taken at the Vienna conference. It defines human right as the right relating to liberty, equality and dignity of the individual guaranteed by the Indian constitution as embodied in the fundamental rights and the International covenants (International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights .The Act provides for the constitution of a National Human Rights Commission, State Human Rights Commission in States and Human Rights Courts for better protection of human rights and for matters connected therewith.

What functions does the Act assign to the National Human Rights Commission ?

According to the Act the Commission is required to inquire, into violation of human rights, or abetment or negligence in the prevention of such violation, by a public servant; intervene in any proceeding involving any allegation of violation of human rights pending before a court with the approval of such court; visit, any jail or any other institution under the control of the State Government, where persons are detained or lodged for purposes of treatment, reformation or protection to study the living condition of the inmates and make recommendations thereon ; review the safeguards under the Constitution or any law for the time being in force for the protection of human rights and recommend measures for their effective implementation; review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend appropriate remedial measures; study treaties and other international instruments on human rights and make recommendations for their effective implementation; undertake and promote research in the field of human rights; spread human rights literacy among various sections of society and promote awareness of the safeguards available for the protection of these rights through publications, the media, seminars and other available means; encourage the efforts of non - Governmental organizations and institutions working in the field of human rights; such other functions as it may consider necessary for the promotion of human rights.

What is the objective for setting up Human Rights Courts ?

The human rights courts are set up for the purpose of providing speedy trial of offences arising out of violation of human rights. As per the Act the State Government may, with the concurrence of the Chief Justice of the High Court, specify for each district a Court of Session to be a Human Rights Court to try the said offences. For every Human Rights Court,

the State Government is required to specify a Public Prosecutor or appoint an advocate who has been in practice for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.How does the National Human Rights Commission function ?

The NHRC takes up cases either on its own initiative or on the basis of complaints received. It has all the powers of a civil court trying a suit under the Code of Civil Procedure, 1908, particularly with regard to summoning and enforcing the attendance of witnesses and examining them on oath; discovery and production of any document; receiving evidence on affidavits; requisitioning any public record or its copy from any court or office; issuing commissions for the examination of witnesses or documents; any other matter which may be prescribed. The Commission has its own investigating staff headed by a Director General of Police for investigation into complaints of human rights violations. Under the Act, it is open to the Commission to utilise the services of any officer or investigation agency of the Central Government or any State Government. The Commission has also associated non - Governmental organizations in many cases.

What steps can the NHRC take once it establishes of violation of human rights ?

The NHRC can recommend to the concerned government to initiate action against the guilty, it can recommend grant of immediate relief to the victim or his family and it can also approach the Supreme Court or High Courts for orders that they may deem necessary. The concerned government is required to indicate the action taken on the Commission_s recommendations within one month in general cases and three months in cases concerning the armed forces.

How can complaints be made to the Commission ?

Self contained complaints can be made in Hindi, English or any other language in the Eighth Schedule of the Constitution . Additional documents or affidavits can be asked for. The commission also has the discretion for accepting complaints telegraphically or through the FAx, email or the mobile telephone number of the Commission. However, complaints are not accepted if the event referred to is more than a year old, or the matter is sub- judice, vague, anonymous, pseudonymous, frivolous or pertaining to service matters.CONCLUSION

To sum up, if we want to ensure social justice in the country in its totality, that is on the economic, political as well as social fronts, the government and the society at large would need to work together. Economic planning, industrialization, urbanization, just distribution of economic benefits and rewards, state legislation on social matters etc. will only partially solve the problem of social justice. These remedies by themselves cannot guarantee the highest possible development of persons which is-the goal of social justice. Change in social values, social attitudes and social institutions is fundamental for achieving social justice. If people continue to remain under the influence of old traditions and beliefs, no amount of equitable distribution of resources will be successful in creating a right atmosphere for social justice. The basic thing is education. Change should begin within. Education should create a spirit of enquiry in the minds of the people. It should create a power of questioning the validity of social traditions and social institutions. Education should encourage inquisitiveness expressing itself in such questions why should this social value be observed? In this way a climate will be created in which we can achieve social justice. We need education that does not blindly pass on traditional beliefs, but one that views it critically and selects from it, rejecting that which is obviously retrograde. A scientific system of education which creates healthy skepticism in the minds of the people, and which gives pride of place to reasons and rational thinking is the only road to salvation.In the end, it is the need of the hour to take human rights in a positive sense and not allow its politicization. It has often been seen that human rights movement start with great principles like morality, ethics, respect of human beings etc, but soon become the instruments of power game. To prevent this, we must educate the masses about -their rights and duties and help them fight for the same.