Jai Narain Vyas University, Jodhpur

Faculty of Law
III Semester LL.M. (CBCS)
Session: 2023- 2024

SUBJECT: HUMAN RIGHTS: ENFORCEMENT MECHANISM

(LL.M GROUP B 303 H)

Research Paper Submission -

“ROLE OF NGO’S AT NATIONAL AND INTERNATIONAL LEVEL.”

UNDER THE SUPERVISION OF:- SUBMITTED BY:-

DR. S.P MEENA HARSHITA SHARMA

PROFESSOR

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 ACKNOWLEDGMENT

Firstly, I would like to thank respected Professor for giving me such a golden opportunity to show my
skills and capability through this project. This project is the result of the extensive ultrapure study,
hard work and labour, put into to make it worth reading. It is my pleasure to be indebted to various
people, who directly or indirectly contributed in the development of this work and who influenced my
thinking, behaviour, and acts during the course of study. Lastly, I would like to thank the almighty
and my parents for their moral support and my friends with whom I shared my day-to-day
experience and received lots of suggestions that improved my quality of work.

Thanking You…

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 DECLARATION

I hereby declare that this Project report titled “ROLE OF NGO’S AT NATIONAL AND
INTERNATIONAL LEVEL” has been prepared by me as a part of project work of Semester
3RD L.L.M. under the guidance of Professor Dr. S.P MEENA. The text reported in the project is
the outcome of my own efforts and no part in it has been incorporated without due
acknowledgement.

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 TABLE OF CONTENTS

 INTRODUCTION

 MEANING OF NGO

 ROLE AND SIGNIFICANCE OF NGO

 HISTORICAL ASPECTS OF NGO IN INDIA

 CLASSIFICATION

 BASED ON SIZE OF ORGANIZATION

 BASED ON GEOGRAPHICAL SCOPE

 BASED ON THEMATIC SCOPE OF WORK

 NGO’S AND INTERNATIONAL RELATIONS

 CONCLUSION

 BIBLIOGRAPHY

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 AIM AND OBJECTIVE
The main aim behind this research work is to get deeper analysis about the effective growth and
development of the individuals, communities and nation as a whole can take place, when the
individuals are provided with human rights. These are regarded as fundamental in leading to
well-being. Human rights NGOs are also structured differently in accordance with their aims and
objectives. The roles and responsibilities undertaken by human rights NGOs in India are diverse
and expansive, and are essential for the protection and promotion of human rights in the country.

REVIEW OF LITERATURE
The review works as conducting research and gathering data, NGOs provide evidence that
supports policy changes and legal reforms, pushing for the improvement of living standards for
entire communities. Through grassroots initiatives, NGOs empower local communities,
particularly women, children and marginalized groups, by imparting knowledge about their
rights and legal avenues for seeking redress.

RESEARCH METHODOLOGY
The method of research that the researcher will be employing in the project would be ‘Doctrinal
Research Method’. The proposed research study will be carried out with the help of the
following strategies:

1. Studying Primary and Secondary Sources (Books, Articles)

2. Library Research

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  INTRODUCTION –

There is a growing environmental awareness amongst stakeholders, individuals and communities

within the Asian and Pacific Region. This increase in knowledge and awareness has been, by and
large, the result of campaigns and education programmes run by major public interest groups
concerned with the environment. These include non-governmental organizations (NGOs) at the
international, regional and national levels, as well as groups concerned with the empowerment of
marginalized sections of society, such as women, indigenous peoples, and youth groups, and
other community based organizations. Such organizations have worked to foster grassrootsbased
approaches to the protection and preservation of the region’s environment.1

Non-governmental organizations, or NGOs, were first called such in Article 71 in the Charter of
the newly formed United Nations in 1945. While NGOs have no fixed or formal definition, they
are generally defined as nonprofit entities independent of governmental influence (although they
may receive government funding).

As one can tell from the basic definition above, the difference between nonprofit organizations
(NPOs) and NGOs is slim. However, the term "NGO" is not typically applied to U.S.-based
nonprofit organizations. Generally, the NGO label is given to organizations operating on an
international level although some countries classify their own civil society groups as NGOs. 2

NGO activities include, but are not limited to, environmental, social, advocacy and human rights
work. They can work to promote social or political change on a broad scale or very locally.
NGOs play a critical part in developing society, improving communities, and promoting citizen
participation.3

MEANING - A non-governmental organization (NGO) is a group that functions independently

of any government with the objective of improving social conditions. NGOs are typically non-
profit institutions. They are sometimes called civil society organizations and are established on
community, national, and international levels to serve a social or political goal such as a
humanitarian cause or the protection of the environment.

1
https://www.unescap.org/sites/default/files/CH14.PDF.
2
https://learning.candid.org/resources/knowledge-base/ngo-definition-and-role/
3
Ibid.,

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For example, NGOs might focus on activities in areas involving health or health emergencies,
education, infrastructure, advocacy of minority rights, support of the poor, and the reduction of
crime.4

 ROLE AND SIGNIFICANCE OF NGO’S –

Traditionally, community based organizations played an important role in the management of

common property resources such as forests and fisheries in the Asian and Pacific Region.
Although over successive years their role was reduced by governments in some countries, recent
years have seen a re-emergence of community involvement and the development and growth of
NGOs, youth, women and indigenous people’s groups and associations of farmers and
businessmen. NGOs have, in particular, played an important role in raising environmental
concerns, developing awareness of environmental issues and promoting sustainable
development. The encouragement of public participation in environmental management through
legislation in recent years has also enhanced the role of NGOs and Major Groups. For example,
in Thailand, Article 56 of the 1997 Constitution recognizes the rights of people to participate in
the protection of natural resources and environment. Similar provisions have been made, for
example, in the Philippines, New Zealand (Resource Management Act), Azerbaijan (EPA 1999)
and the Australian Landcare and Coast Care programmes. In recent years, the range of activities
undertaken by environmental NGOs and other major groups has broadened. They now undertake
a much wider range of activities than simply raising environmental awareness and/or acting as
pressure groups. Their activities now include environmental monitoring; promoting
environmental education, training and capacity-building; implementing demonstration projects;
conducting advocacy work in partnership with the government; and the promotion of regional
and international cooperation on environment. Many also get involved in the practical
management of conservation areas, and promote community or individual action and campaign
for greater accountability on the part of the government and corporate sector. The majority of
NGOs in the region now work concurrently on environment and development, thus
acknowledging that environmental problems are embedded in economic and social systems
(1998).5

4
https://www.investopedia.com/ask/answers/13/what-is-non-government-organization.asp
5
Id.,p.no.6,

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  HISTORICAL ASPECT OF NGO’S IN INDIA –

India has a long history of civil society based on the concepts of daana (giving) and seva
(service). Voluntary organizations —organizations that are voluntary in spirit and without
profit-making objectives—were active in cultural promotion, education, health, and natural
disaster relief as early as the medieval era. They proliferated during British rule, working to
improve social welfare and literacy and pursuing relief projects.4 During the second half of the
19th century, nationalist consciousness spread across India and self-help emerged as the primary
focus of sociopolitical movements. Numerous organizations were established during this period,
including the Friend-in-Need Society (1858), Prathana Samaj (1864), Satya Shodhan Samaj
(1873), Arya Samaj (1875), the National Council for Women in India (1875), and the Indian
National Conference (1887) The Societies Registration Act (SRA) was approved in 1860 to
confirm the legal status of the growing body of nongovernment organizations (NGOs). The SRA
continues to be relevant legislation for NGOs in India, although most state governments have
enacted amendments to the original version. 6 India has a long history of human rights NGOs
which were active in cultural promotion, education, health and humanitarian relief in times of
natural disaster, during medieval times. During the colonial rule of the British, NGOs in India
increased, with a focus on providing literacy, education and various aspects of social welfare.
Friend-in-Need Society (1858), Arya Samaj (1875) and the National Council for Women in India
(1875) were some examples. In the early decades of 1900s, as the nationalist movement started,
the focus shifted from developmental activities to economic self-sufficiency. After independence
of India in 1947, the civil society groups became invigorated as the government, in the first Five
Year Plan, recognized their potential to complement governmental efforts in creating social and
economic development.

The contemporary history of human rights NGOs in India has almost always been contextualized
in the post-emergency era. Many human rights NGOs in India were established due to atrocities
committed by the Indian government on its people during the time when a national emergency
was declared, in a 21 month period between 1975 and 1977. The emergency was a period when
human rights were grossly violated, and fundamental rights that were guaranteed by the Indian
Constitution were curtailed through constitutional amendments and promulgation of ordinances.

6
https://www.adb.org/sites/default/files/publication/28966/csb-ind.pdf

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Right to life with liberty and dignity, right against torture and illegal detention, freedom of
speech and expression, freedom of association and freedom of movement were some of the
human rights that were curtailed / violated. Under the garb of ‘preventive detention’, thousands
of people were illegally detained, arrested and jailed, and often tortured. Those who voiced a
political opinion different from that of the government came under a targeted attack. Political
opponents were imprisoned and the press was severely censored.7

CLASSIFICATION OF HUMAN RIGHTS NGO’S IN INDIA-

A) Based on Size of the Organization - Large NGOs employ many full time paid staff,
receive a large grant each year that runs into crores, have multiple donors, a huge corpus
amount, have branches in several countries and are multi-national bodies. Some examples
are Aga Khan Development Network, Child Relief and You, Oxfam and Action Aid.
Medium sized NGOs have a smaller number of paid staff, receive tens of lakhs of grant
each year, have a limited number of donors, a modest corpus amount, and operate in
various states of India either through their branch units or in collaboration with other
NGOs. Indo-Global Social Service Society and Human Rights Law Network are
examples of this category.
B) Based on the Geographic Scope of their Work - Some address only local level human
rights issues; others engage with state level issues. Naga People’s Movement for Human
Rights (NPMHR), Human Rights Organization of Manipur, Association of Parents of
Disappeared People (APDP) of Kashmir and Andhra Pradesh Civil Liberties Committee
(APCLC) are examples of state-specific human rights NGOs. NGOs that are involved in
advocacy work, such as Lawyers Collective and Human Rights Law Network often
engage with national laws and policies that have a ramification on human rights for
people all over the country.
C) Based on Thematic Scope of Work - Many human rights NGOs work on developmental
issues such as health, education, housing, livelihood and sanitation. For example, Pride
India works on urban and rural development, through health, education and livelihood
programmes.

7
https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S001608/P001812/M027798/ET/
1521117356SAUMYAUMAMODULE4QUAD1.pdf

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  NON GOVERNMENTAL ORGANISATIONS & INTERNATIONAL RELATIONS –

NGO is a very general phrase that refers to a variety of organizations. Although the phrases
“NGO” and “non profit organization” are frequently used synonymously, they are not always the
same. All NGOs are nonprofits, but not all nonprofits fall under the category of NGOs. Even
though the UN Charter did not distinguish between NGOs and not-for-profit organizations, they
can both have a similar structure and even have some common missions. NGOs who challenge
governmental institutions’ policies, can influence political processes from inside the official
arenas and are frequently directly involved in the design of policies. They often play a vital role
in the operations and functions of international organizations. One such example is the
involvement of NGOs at the UN. Additionally, they supply relevant information, counsel U.N.
commissions, committees, and institutions, and collaborate with UN agencies to carry out
initiatives.

We will see the impact of NGOs through the analysis of three significant international legal
instruments dealing with various areas of international law: the Mine Ban Treaty (international
humanitarian law), the Rome Statute (international criminal law), and the UN Convention on the
Rights of the Child (international human rights law). An explanation of NGOs and their standing
under international law was required to fulfil the stated goal.8

NGOs can offer assistance during international discussions. Their involvement in the process of
creating international treaties entails giving knowledge and expertise, effective campaigning,
mobilization, public advocacy setting an agenda and goals, enforcing rules and norms, and
monitoring. NGO engagement in the negotiations is still mostly unofficial and dependent on
national governments’ preferences, despite their presence and advocacy in favor of signing
international treaties.

The research on the subject also revealed that because NGOs have gained such prominence on a
global scale, they are not only able to promote their initiatives but also propose new initiatives
and persuade the general public that the causes they support are worthwhile and deserving of
support from society. By condemning legal violations done by governments, multinational

8
https://bestdiplomats.org/role-of-ngos-in-ir/

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corporations, or any other agents, NGOs have grown in popularity around the world and
cemented their position as advocates of civil society.9

NGOs and governments frequently work together to define global action. Because NGOs have
an impact on governments, the study of NGOs and government interactions is crucial.

Some conservative government officials who think governments rely too heavily on NGOs
criticize this characteristic. Liberals, on the other hand, are enthusiastic about NGOs and think
we can only address global concerns through their initiatives. In particular, NGOs frequently
take the position of state actors in determining instances of inequality and solutions due to the
expansion of market economies and the private sector globally.

 CONCLUSION –

There are varied types of NGOs working with different focus areas, geographical and thematic
scope. Human rights NGOs are also structured differently in accordance with their aims and
9
Ibid.,

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objectives. The roles and responsibilities undertaken by human rights NGOs in India are diverse
and expansive, and are essential for the protection and promotion of human rights in the country.
The National Human Rights Commission (NHRC) works in collaboration with well-established
and credible human rights NGOs, to serve the common cause of human rights. While the
contribution of human rights NGOs in India is tremendous and in varied fields, their use of
Public Interest Litigation (PIL) as a tool for socio-economic and legal empowerment of
vulnerable communities is noteworthy.10 NGOs contribute to the improvement of human rights
through a multitude of ways. Organizations raise awareness about people’s access to their basic
rights and shine the spotlight on issues that might otherwise remain hidden. By conducting
research and gathering data, NGOs provide evidence that supports policy changes and legal
reforms, pushing for the improvement of living standards for entire communities. Through
grassroots initiatives, NGOs empower local communities, particularly women, children and
marginalized groups, by imparting knowledge about their rights and legal avenues for seeking
redress.11

 BIBLIOGRAPHY –
 https://www.unescap.org/sites/default/files/CH14.PDF.
 https://learning.candid.org/resources/knowledge-base/ngo-definition-and-role/
 https://www.investopedia.com/ask/answers/13/what-is-non-government-organization.asp
10
Id.,
11
https://give.do/blog/how-ngos-improve-human-rights-in-india/

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  https://epgp.inflibnet.ac.in/epgpdata/uploads/epgp_content/S001608/P001812/M027798/
ET/1521117356SAUMYAUMAMODULE4QUAD1.pdf
 https://bestdiplomats.org/role-of-ngos-in-ir/
 https://give.do/blog/how-ngos-improve-human-rights-in-india/

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