State Machinery Shielding Human Rights in India

"It is my aspiration that health finally will be seen not as a blessing to be wished for, but as a human right to be fought
for."
 — United Nations Secretary-General Kofi Annan

Introduction
On 10 December,1948 the UN General Assembly adopted The Universal Declaration of Human Rights, as a consequence of
the second World War.India is known to be a 'sovereign, socialist, secular, democratic, republic’. The term 'democratic' states
that the Government is elected by the people. The people elect the Government and it is a body of the representatives of the
people. It gives a feeling that they all are equal 'irrespective of their race, religion, language, sex, and culture.

India protects its citizens from violation of their human rights. The Constitution of India provides the people of India with
their basic human rights. The Fundamental Rights are considered as basic human rights of all citizens, irrespective of their
gender, caste, religion, or creed. etc.
In Kesavananda Bharati v. The State of Kerala, the Supreme Court observed, The Universal Declaration of
Human Rights may not be a legally binding instrument but it shows how India understood the nature of human rights
at the time the Constitution was adopted. Fundamental rights differ from ordinary rights in the sense that the former
are inviolable. No law, ordinance, custom, usage, or administrative order can abridge or take them away. Any law,
which is violative of any of the fundamental rights, is void.

In the case of ADM Jabalpur v. Shukla, Justice Beg stated that the object of making certain general aspects of rights
fundamental is to guarantee them against the illegal invasion of these rights by the executive, legislative, or judicial organ of
 the State. Earlier, Chief Justice Subba Rao in Golak Nath v. State of Punjab had rightly observed, Fundamental rights are the
modern name for what has been traditionally known as natural rights.
In the Indian constitution, Articles 1 to 30 deal with Civil and Political Rights in the Universal Declaration of Human
Rights. The Fundamental Rights under Articles 14-31 of the Constitution provide individual rights based on the right to equality,
right to freedom, right against exploitation, right to freedom of religion, right to cultural and educational rights. These are
enforceable against the state if they are being violated by anyone irrespective of his position, gender, caste, color, or creed. India has
many state machinery to shield people's human rights like The Police, SHRC, NHRC, etc.

Indian Police –

The work of Police is to control and maintain peace and order in society. But the people fear the police and even see down upon
them. It is the duty of the police to preserve order and prevent crime. The Police Act, 1861 states the police as a body
that works on law execution that the public follow the laws provided by the Indian constitution and nobody interferes into each
other’s basic human rights or their fundamental right. They also play a vital role in safeguarding the rights guaranteed to the
citizens by the Indian Constitution and proper implementation of laws made by the Parliament. Indian police laws also have
certain examples by which it also takes care that nobody`s right to get infringed.

Judiciary -

India being the world's largest democracy it must have a stable system of laws. India has three pillars viz. Executive,
Legislative, and judiciary. The Supreme Court of India is the highest authority to appeal in India. Under Article 32, If any of
your fundamental rights get infringed, you can appeal in the SC. High courts also function in a very systematic way and
provide justice to the people of India. Under Article - 226 of the constitution, if any of your rights get infringed, you can go
and appeal in the High Court.

“It is true that on some occasions, courts have overstepped their limits. But, by and large, judicial activism has done a great
service to society”

Section 30 of the PHRA (Protection of Human Rights Act,1993) directs all the state government on an agreement of opinion
with the CJI of the High Court of respective states to recognize the Court of Session as a Human right court, for speedy
remedy.

There are certain precedents of the Indian judiciary which show that the judiciary protects human rights as:

Right to privacy – A fundamental right In Justice K.S.Puttaswamy v. Union of India and others (24th august 2017)] the
Supreme Court has declared that the Right to Privacy is protected as a fundamental right under Articles 14, 19 and 21 of the
Constitution.

triple talaq invalid In Shayara Bano v. Union of India (22nd august 2017) - the Supreme Court has declared the practice of
“triple talaq” (talaq-e-bidat) as unconstitutional by 3:2 majority.

Passive Euthanasia – making of living wills In Common Cause v. Union of India (9th march 2018) The right to die with
dignity is a fundamental right. Passive euthanasia, voluntary and non-voluntary, is permissible. Smoothening natural process of
dying of patients who are terminally ill or in permanent vegetative state or brain dead state without any hope for revival, by
withholding or withdrawing life prolonging medical support or treatment, held, permissible.
Right to marriage – Fundamental Right In Shakti Vahini v. Union of India and others (27th march 2018) - The Supreme
Court held that the consent of the family or community is not necessary once the two adult individuals agree to enter into a
wedlock. It is their fundamental right to marry of their own choice.

Decriminalizing Sec 377 of IPC - The SC of India in the case of Navtej Singh Johar V Union of India, decriminalized section
377 of the Indian Penal Code, 1860 on the ground that it goes against article 14, 15, 19, and 21 of the constitution. In this case
the constitutionality of Section 377 of the Penal Code, 1860 was questioned. On 6th September, 2018 the five-judge Bench
partially struck down Section 377 of the Indian Penal Code, decriminalising same-sex relations between consenting adults.
LGBT individuals are now legally allowed to engage in consensual intercourse.

National Human Rights Commission (NHRC) –

Under the ordinance of Protection of Human Rights, National Human Rights Commission (NHRC) was constituted on 12
October 1993. It was made to secure the basic human rights and also promote human rights among the people of India as
"Rights Relating To Life, liberty, equality, and dignity of the individual guaranteed by the Constitution of India.

The following functions are performed by the NHRC:

(i) To act as a source of human rights information for the government and people of the country ;

(ii) To assist in educating public opinion and promoting awareness of and respect for human rights ;

(iii) To consider, deliberate upon, and make recommendations regarding any particular state of affairs that may exist nationally
and which the government may wish to refer to them ;

(iv) To advise on the question regarding human rights matter referred to them by the government ;
 (v) To study and keep under review the status of legislation, judicial decisions and administrative arrangements for the
promotion of human rights, and to prepare reports on these matters to the appropriate authorities ;

(vi) To perform any other function which the government may with them to carry out in connection with the duties of the State
under those international instruments in the field of human rights to which it is a party

State Human Rights Commission(SHRC)-

Under NHRC various state commissions work for protecting and promoting human rights known as the State Human Rights
Commission (SHRC). These state commissions inquire if the matters are given in the state list and concurrent list. The
functions of NHRC and SHRC are the same.

It consists of a chairman and two members. The chairman should be a retired chief justice of HC and members should be a
serving or retired judge of HC or district judge with 7 years experience and a person of knowledge or practical experience in
the field of human rights.

Some cases inquired by the NHRC:

1.Abuse of legal system in the trafficking of girls;*

Commission calls for a report from Delhi Police Commissioner

The Commission has taken suo-motu cognizance of a complaint filed by the NGO,

2. Rape of a visually impaired girl at Nadia;*

Commission asks for comments from the West Bengal Government

3. Commission asks comments from Karnataka Government*

on the death of a boy in Observation Home.

Conclusion-

By all counts and certain provisions, it is no doubt that India is doing great in shielding the human rights it can be the policing
system in which new methods and suggestions are given by the state human rights The commission also organizes and
supports various seminars aimed at making police personnel aware of the importance of human rights. Custodial violence
has attracted the attention of the number of custodial deaths that have been reported in the media. The number of deaths in
police custody as reported to the NHRC has shown a decline in a number of states.

and in judiciary it has set precedents like the case of Keshavnanda Bharati v. the State of Kerala or protecting right to
privacy by the judgment of Justice K.S.Puttaswamy v. Union of India etc.

And when it comes to inquiring and securing the fundamental or the basic human rights it has constituted bodies like NHRC
and SHRC. But it cannot be neglected that there are some loopholes in the system. The Government must take some steps to
prevent these loopholes.