TASK -1

Comparative Analysis of Enforcement of Human Rights in India with Brazil

Submitted By- Janvi Patidar

Maharashtra National Law University Aurangabad

Enforcement of Human Rights in India

India is the world's largest democracy. One of the major aims is the safeguarding of people's fundamental
rights as a democratic country. The Indian Government has taken appropriate account of human rights
recognition and protection. The Constitution acknowledges and displays significant care for those people's
rights. The judiciary has a constitutional obligation to defend people' human rights. The Supreme Court and
High Courts have the authority to enforce these rights. Articles 32 and 226 of the constitution offer
mechanisms for remedy. For the preservation of his or her fundamental rights, redress of grievances, and
enjoyment of basic rights, an aggrieved person can go directly to the Supreme Court or High Court of the
relevant state.

The Indian Constitution provides safeguards for the protection of human rights; however, for effective
implementation of human rights, the Government of India enacted the ‘Protection of Human Rights Act,
1993,' which provides for the establishment of the National Human Rights Commission, State Human Rights
Commissions in various states, and Human Rights Courts at the district level. Although the Government
tried to fulfil the objectives, the following reasons have not yet been followed.

1) Although the Indian Constitution has specified certain rights, there are many who, because of their
vulnerable situations and daily struggles, are not even aware of these rights, provided by the
Constitution. These persons are mostly victims of violations of human rights cannot consider
approaching the court since they are more concerned about their daily salaries .Their fundamental
human rights are not protected.
2) The Human Rights Commission is expected to be completely independent in its functioning. But the
independence of the Commission is not provided for. Indeed, the Act contains measures that draw
attention to the Commission's dependency on the government.
3) Unlike the Supreme Court and the High Courts, the Commission cannot, although the seriousness of
the case under Section 36(1) of the Act is concerned, examine any subject pending before the State
Human Rights Commission or the human rights courts.

Enforcement of Human Rights in Brazil

In Brazil, human rights include the right to life and freedom of expression, as well as the prohibition of
slavery and torture. The American Convention on Human Rights was ratified by the country. However, there
have been reports of human rights issues: the police and prison security forces' torture of inmates and
detained; inability to protect witnesses involved in crime cases; harsh conditions; prolonged detention and
inordinate delays in proceedings; reluctance to prosecute government officials and inefficiency in
prosecution for corruption; violence and discrimination. Violence against children, including sexual abuse;
human trafficking; discrimination against black and indigenous peoples by police brutality that has not been
enforced by labour laws; and informal child labour. Violators of human rights typically have impunity.
While it suffers significant social and economic disparities, Brazil supports a large number of activities in
order to promote and defend the rights of man.

Anti-human rights rhetoric continued to escalate, increasing the risks to human rights defenders. The
shrinking of civic space fomented by an official narrative that stigmatized NGOs, journalists, activists,
human rights defenders and social movements continued. Obstacles to freedom of expression and attempts to
restrict this right impacted the work of journalists and media workers. Attacks and killings of human rights
defenders, members of Indigenous Peoples, Quilombola communities and environmental defenders
remained chronic problems. Protection of natural resources and traditional territories was neglected as
government structures to protect Indigenous Peoples and the environment were further dismantled and
weakened. Violence against women increased in the context of measures introduced to curb the spread of
COVID-19. The pandemic exposed deep-seated inequalities in Brazilian society, impacting communities
that face discrimination disproportionately. The President’s ongoing denial of the gravity of the COVID-19
pandemic only exacerbated the situation.1

Comparison between both the countries

POINTS INDIA BRAZIL

1. ARBITRARY DEPRIVATION OF LIFE AND OTHER UNLAWFUL OR
POLITICALLY MOTIVATED KILLINGS

2. DISAPPEARANCE

3.TORTURE AND OTHER CRUEL, INHUMAN, OR DEGRADING

TREATMENT OR PUNISHMENT
4.PRISON AND DETENTION CENTER CONDITIONS

5. ARBITRARY ARREST OR DETENTION

6. DENIAL OF FAIR PUBLIC TRIAL

7. ARBITRARY OR UNLAWFUL INTERFERENCE WITH PRIVACY,

FAMILY, HOME, OR CORRESPONDENCE

8. FREEDOM OF EXPRESSION, INCLUDING FOR THE PRESS

9.INTERNET FREEDOM

12.LGBTQ RIGHTS

1
Amnesty Internatonal.
More Violation

Less Violation

Suggestions for India

(I strongly believe this)

The Indian Constitution makes no particular reference to the right to privacy, the Supreme Court has
interpreted the right to privacy under Article 21 by extending its scope, i.e., the right to life and
freedom. Internationally, privacy rights should be protected. In this modern day it is difficult for
people to exist without the internet and the protection of privacy must be fundamental human rights.

(Below Mentions suggestions are from Amartish Kaur)

i. With regard to personnel and financial matters the National Human Rights Commission must be made
independent body, as it has to look towards the Government. It should be provided with its own staff for
investigation of cases instead of keep it dependent on police department and such other officials, as may be
necessary for the efficient working of the Commission.

ii. The National Human Rights Commission may be empowered to observe the decisions of the Supreme
Court for protecting Human Rights and if there is any delay or failure in the implementation of such
decisions, it can brought it before the Supreme Court of India for taking further adequate actions.

iii. Section 21(1) and Section 30 of the Protection of Human Rights Act, 1993 should be amended so to
make it mandatory for the State Governments to constitute Human Rights Commissions at the state level as
well to constitute Human Rights Courts at district level and further the jurisdiction of these courts as well as
the procedural requirements should also be specified for the smooth and effective functioning.

iv. Section 36(1) should be amended and to empower National Commission to take up or investigate any
matter pending before any state human rights commission or human rights courts to provide speedy justice.

v. The provision of 1 year limitation within which person can approach commission for redress of his
grievances should be relaxed so as to enable such cases where complaint could not be filed before
commission within period of 1 year due to unavoidable reasons or circumstances.

vi. There should be a provision in the Act which specifically provide the time period with in which the
decisions of the commission should be implemented by the concerned Government.
vii. Provision can be made for the conduct of seminars in every district each month for educating people
about their human rights and the protections granted by Constitution as well as under the Act of 1993.

viii. The provision can be made for conducting of periodical survey. The periodical survey should be
conducted for checking the progress in the field of the implementation of the provisions as well as in
achieving the objectives of the Act.

ix. The special cell can be established in every human rights court at district level where free legal aid should
be provided to victims of human rights violation who due to their poverty and vulnerable conditions enable
to approach court for the redressal of their grievances.

x. The provisions for the grants to NGOs can also be made in the Act. Where in Government can promote
the NGOs by giving funds to them who are working in the field of protection of human rights and duty
should be confer on such NGOs for conducting seminars for educating people about the human rights and
their protections.

xi. In schools as well in colleges one compulsory subject can be introduce in which students may study about
human rights.

xii. The local offices in each state can also be established for the National Human Rights Commission for the
convenience of the general public for speedy disposal of cases and to provide justice in time as it might not
be possible for every person to approach the national human rights commission at New Delhi for seeking
Redressal of their grievances.