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(A Monthly Publication of Manavadhikar Samajik Manch)

Volume XVI No. 2 February 2019
President :Dr. A. Shanker Advisors: Bejon Mishra
Editor :Dr. Girija B. Nanda Manoj Kar
Managing Editor :Dr. Srimoy Patra
UP Chapter
Editorial Team : Swarup N. Panigrahi
Dr. Narendra Kumar, State Convenor
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Operations Head :Maheswar Singh Odisha Chapter
Reporter :Sanjeevani Umakanta Nanda, Adv, State Convenor
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Human Touch
(A Monthly Publication of Manavadhikar Samajik Manch)

Human Touch is a platform for non-partisan portrayal of human rights issues in their different forms. Be it
the rights of the weaker sections of our population such as the women, the children, the aged and the
physically challenged, or the victims of some social customs, cultural traditions and economic & non-economic
policies, the publication brings out the issues objectively and in a manner that would give succour to the
people whose rights are either violated or put in jeopardy.

Human Touch acts as a forum for scholars, activists, concerned individuals and the common men &
women to ventilate their grievances, express their views and to highlight cases of human rights violations,
so that appropriate ameliorative actions can be taken by the concerned agencies. It is meant to help the
helpless and to speak for those whose voices are not heard. It engages in constructive and incisive debate
on issues that are not only of day-to-day concern but also on issues that are important for posterity. This
publication is a step forward in realising the vision of Manavadhikar Samajik Manch, i.e. creation of a
just and equitable society.

Owner : Manavadhikar Samajik Manch

Publisher/Printer/Editor : Dr. Girija B. Nanda
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 In this issue...
World Cancer Day: 5
Cancer Knows No Gender, Age or Location

World Day of Social Justice: 9

Workers on the Move: the Quest for Social Justice

World Radio Day 11

Dialogue, Tolerance and Peace

Evolutionary and Dynamic Nature of Human Rights: 13

A Conceptual Analysis

National News 16

News from the National Human Rights Commission 19

International News 23

Threat of Global Warming: 26

It’s Impact on India

Hungry India: 29
Food Security is of Utmost Importance

Curing the Ills of India: 31

Good Governance is a Bliss for All
 From the President’s Desk …
A famous Oncologist, Cancer Specialist and a Padma awardee once told me that cancer is a lifestyle
disease. I was wondering about the statement when he cleared a lot of myths and clarified many of
my doubts about this killer disease. Cancer is an aberration in the workings of an overtaxed,
undernourished body, living in a toxic environment. However the body is ever growing, renewing and
changing. The body is always seeking to live and to survive. The body is very complicated and very
smart, cancer is not. Cancer only grows as we feed it, and stops growing and dies when we cut off
its nutrient supply.

Ninety-five percent of cancers we know for sure are related to diet and lifestyle. To prevent cancer
we must eat in a way to maintain our health and to strengthen the body, which is to feed the immune
system, and to protect the blood/brain barrier. We must exercise the body, give it the proper rest at the
proper time, and a lot of clean water to flush out the toxins, many of which the body makes on its
own. Then we must protect the body from outside environmental toxins, which in this age is difficult
to do but still is possible with thought and discipline.

We have seen of late that cancer has returned with a vengeance. What we require is to follow a strict
diet. Make absolutely certain not to eat anything that can feed the cancer. The most important rule of
the cancer diet is to abandon all sugar.

It is imperative that we take ownership of our lives and likewise our health. It is better to seek
information and products that answer the problems we face, rather than simply purchasing whatever
is available, hoping it will pacify some want. Sometimes we just buy stuff, as with eating, really to
satisfy some other need. We still want to have what others have, and to feel that we belong because
we go, do or have, whatever the shiny new thing is.

One should also eat plenty of fruits and vegetables. Base your diet on fruits, vegetables and other
foods from plant sources — such as whole grains and beans. Limit fat. Eat lighter and leaner by
choosing fewer high-fat foods, particularly those from animal sources. High-fat diets tend to be
higher in calories and might increase the risk of overweight or obesity — which can, in turn, increase
cancer risk.

Maintaining a healthy weight might lower the risk of various types of cancer, including cancer of the
breast, prostate, lung, colon and kidney. Physical activity counts, too. In addition to helping you
control your weight, physical activity on its own might lower the risk of breast cancer and colon
cancer.

Let’s all join our hands and fight against cancer. Remember cancer is curable, especially if it is
detected early.
Dr. A. Shanker

Vol. XVI No. 2 February 2019 4

 World Cancer Day:
Cancer Knows No Gender, Age or Location
N
early every family in the world
is touched by cancer, which
is now responsible for almost
one in six deaths globally. On World
Cancer Day (4 February) WHO
highlights that cancer no longer
needs to be a death sentence, as the
capacity exists to reduce its burden
and improve the survival and quality
of life of people living with the
disease.
“All countries can do more to
prevent and treat cancer,” notes Dr
Etienne Krug, WHO Director for the
Department for Management of
Noncommunicable Diseases,
Disability, Violence and Injury
Prevention. “We know the main
causes. Acting upon them will avoid
that many cases occur in the first
place. By strengthening the health
system response, we can also ensure
earlier diagnosis and better access
to affordable treatment by qualified
personnel, thereby saving millions of
lives.”
In May 2017 Member States came
together around priority actions to
ensure cancer care for all. World
Health Assembly resolution WHA
A70/A/CONF./9 "Cancer prevention
and control in the context of an
integrated approach"lays out a clear
road map to realize the potential for
prevention, early diagnosis, prompt
treatment and palliative care for
people with cancer.
Since adoption of the resolution,
Member States are taking action on
its recommendations. Governments
are enacting evidence-based risk-
Vol. XVI No. 2 February 2019
reducing strategies such as imposing
higher taxes on tobacco and alcohol,
promoting healthy diets and physical
activity, and advocating for access
to HPV vaccination. Approximately
30-50% of cancers can be prevented
if these policies are maximally
implemented.
Yet, accelerated action is needed if
global targets of reducing premature
mortality from cancer and ensuring
universal health coverage are to be
achieved. Treating cancer in its early
stages is key. Today, many cases of
cancer are diagnosed too late – this
means they are harder to treat
successfully. A renewed emphasis on
strengthening health systems is
needed to ensure early diagnosis and
accessible, high-quality care for
patients. This will result in higher
cancer survival rates.
Detecting cancer early also greatly
reduces cancer's financial impact:
not only is the cost of treatment much
less in cancer's early stages, but
people can also continue to work
and support their families if they can
access effective treatment in time.
Member States will next report on
progress in achieving implementation
of the road map of national
commitments for the prevention and
control of cancer at the Third High-
level Meeting of the UN General
Assembly on the Prevention and
Control of Noncommunicable
5
Diseases to be held in 2018. This is
an important year for cancer control
as we strive to translate political
momentum into lives saved – the
time for action is now.
What is cancer?
Cancer is a generic term for a large
group of diseases characterized by
the growth of abnormal cells beyond
their usual boundaries that can then
invade adjoining parts of the body
and/or spread to other organs. Other
common terms used are malignant
tumours and neoplasms. Cancer can
affect almost any part of the body
and has many anatomic and
molecular subtypes that each require
specific management strategies.
Cancer is the second leading cause
of death globally and is estimated to
account for 9.6 million death in 2018.
Lung, prostate, colorectal, stomach
and liver cancer are the most
common types of cancer in men,
while breast, colorectal, lung, cervix
and thyroid cancer are the most
common among women.
Cancer Prevention
According to current evidence,
between 30% and 50% of cancer
deaths could be prevented by modifying
or avoiding key risk factors, including
avoiding tobacco products, reducing
alcohol consumption, maintaining a
healthy body weight, exercising
regularly and addressing infection-
related risk factors.
Cancer Management
To reduce the significant disability,
suffering and deaths caused by
cancer worldwide, effective and
affordable programmes in early
diagnosis, screening, treatment, and
palliative care are needed. Treatment
options may include surgery,
medicines and/or radiotherapy;
treatment planning should be guided
by tumour type, stage and available
resources and informed by the
preference of the patient. Palliative
care, which focuses on improving
the quality of life of patients and their
families, is an essential components
of cancer care. Accelerated action is
needed to improve cancer care,
achieve global targets to reduce
deaths from cancer and provide
health care for all consistent with
universal health coverage.
About the cancer control programme
The key mission of WHO’s work in
cancer control is to promote national
cancer control policies, plans and
programmes that are harmonized
with strategies for noncommunicable
diseases and other related health
concerns. Our core functions are to
set norms and standards for cancer
control including the development of
evidence-based prevention, early
diagnosis, screening, treatment and
palliative care programmes as well as
to promote monitoring and evaluation
through registries and research that
are tailored to the local disease burden
and available resources.
Cancer is a generic term for a large
group of diseases that can affect any
part of the body. Other terms used
are malignant tumours and
neoplasms. One defining feature of
cancer is the rapid creation of
abnormal cells that grow beyond their
usual boundaries, and which can then
invade adjoining parts of the body and
spread to other organs, the latter
process is referred to as
metastasizing. Metastases are a major
cause of death from cancer.
Vol. XVI No. 2 February 2019
Key Facts
- Cancer is the second leading cause of death globally, and is responsi-
ble for an estimated 9.6 million deaths in 2018. Globally, about 1 in 6
deaths is due to cancer.
- Approximately 70% of deaths from cancer occur in low- and mid-
dle-income countries.
- Around one third of deaths from cancer are due to the 5 leading
behavioral and dietary risks: high body mass index, low fruit and
vegetable intake, lack of physical activity, tobacco use, and alcohol
use.
- Tobacco use is the most important risk factor for cancer and is re-
sponsible for approximately 22% of cancer deaths (2).
- Cancer causing infections, such as hepatitis and human papilloma
virus (HPV), are responsible for up to 25% of cancer cases in low-
and middle-income countries (3).
- Late-stage presentation and inaccessible diagnosis and treatment are
common. In 2017, only 26% of low-income countries reported hav-
ing pathology services generally available in the public sector. More
than 90% of high-income countries reported treatment services are
available compared to less than 30% of low-income countries.
- The economic impact of cancer is significant and is increasing. The
total annual economic cost of cancer in 2010 was estimated at ap-
proximately US$ 1.16 trillion (4).
- Only 1 in 5 low- and middle-income countries have the necessary
data to drive cancer policy (5).
The problem What causes cancer?
Cancer is a leading cause of death Cancer arises from the
worldwide, accounting for an transformation of normal cells into
estimated 9.6 million deaths in 2018. tumour cells in a multistage process
that generally progresses from a pre-
The most common cancers are: cancerous lesion to a malignant
tumour. These changes are the result
- Lung (2.09 million cases) of the interaction between a person's
- Breast (2.09 million cases) genetic factors and 3 categories of
- Colorectal (1.80 million cases) external agents, including:
- Prostate (1.28 million cases)
- Skin cancer (non-melanoma) - physical carcinogens, such as
(1.04 million cases) ultraviolet and ionizing radiation;
- Stomach (1.03 million cases)
- chemical carcinogens, such as
The most common causes of cancer asbestos, components of tobacco
death are cancers of: smoke, aflatoxin (a food
contaminant), and arsenic (a
- Lung (1.76 million deaths) drinking water contaminant); and
- Colorectal (862 000 deaths)
- Stomach (783 000 deaths) - biological carcinogens, such as
- Liver (782 000 deaths) infections from certain viruses,
- Breast (627 000 deaths) bacteria, or parasites.
6
WHO, through its cancer research
agency, International Agency for
Research on Cancer (IARC),
maintains a classification of cancer-
causing agents.
Ageing is another fundamental factor
for the development of cancer. The
incidence of cancer rises dramatically
with age, most likely due to a build-
up of risks for specific cancers that
increase with age. The overall risk
accumulation is combined with the
tendency for cellular repair
mechanisms to be less effective as a
person grows older.
Risk factors for cancers
Tobacco use, alcohol use, unhealthy
diet, and physical inactivity are major
cancer risk factors worldwide and are
also the 4 shared risk factors for
other noncommunicable diseases.
Some chronic infections are risk
factors for cancer and have major
relevance in low- and middle-income
countries. Approximately 15% of
cancers diagnosed in 2012 were
attributed to carcinogenic infections,
including Helicobacter pylori, Human
papillomavirus (HPV), Hepatitis B
virus, Hepatitis C virus, and Epstein-
Barr virus3.
Hepatitis B and C virus and some
types of HPV increase the risk for
liver and cervical cancer, respectively.
Infection with HIV substantially
increases the risk of cancers such as
cervical cancer.
Reducing the cancer burden
Between 30–50% of cancers can
currently be prevented by avoiding
risk factors and implementing
existing evidence-based prevention
strategies. The cancer burden can
also be reduced through early
detection of cancer and management
of patients who develop cancer.
Vol. XVI No. 2 February 2019
Many cancers have a high chance of
cure if diagnosed early and treated
adequately.
Modify and avoid risk factors
Modifying or avoiding key risk
factors can significantly reduce the
burden of cancer. These risk factors
include:
- tobacco use including cigarettes
and smokeless tobacco
- being overweight or obese
- unhealthy diet with low fruit and
vegetable intake
- lack of physical activity
- alcohol use
- sexually transmitted HPV-
infection
- infection by hepatitis or other
carcinogenic infections
- ionizing and ultraviolet radiation
- urban air pollution
- indoor smoke from household
use of solid fuels.
Tobacco use is the single most
important risk factor for cancer and
is responsible for approximately 22%
of cancer-related deaths globally.
Pursue prevention strategies
To prevent cancer, people may:
- increase avoidance of the risk
factors listed above;
- vaccinate against HPV and
hepatitis B virus;
- control occupational hazards;
- reduce exposure to ultraviolet
radiation;
- reduce exposure to ionizing
radiation (occupational or medical
diagnostic imaging).
Vaccination against these HPV and
hepatitis B viruses could prevent 1
million cancer cases each year.
Early detection
Cancer mortality can be reduced if
cases are detected and treated early.
7
There are 2 components of early
detection:
Early diagnosis
When identified early, cancer is more
likely to respond to effective
treatment and can result in a greater
probability of surviving, less
morbidity, and less expensive
treatment. Significant improvements
can be made in the lives of cancer
patients by detecting cancer early and
avoiding delays in care.
Early diagnosis consists of 3 steps
that must be integrated and provided
in a timely manner:
- awareness and accessing care
- clinical evaluation, diagnosis and
staging
- access to treatment.
Early diagnosis is relevant in all
settings and the majority of cancers.
In absence of early diagnosis, patients
are diagnosed at late stages when
curative treatment may no longer be
an option. Programmes can be
designed to reduce delays in, and
barriers to, care, allowing patients to
access treatment in a timely manner.
Screening
Screening aims to identify individuals
with abnormalities suggestive of a
specific cancer or pre-cancer who
have not developed any symptoms
and refer them promptly for diagnosis
and treatment.
Screening programmes can be
effective for select cancer types when
appropriate tests are used,
implemented effectively, linked to
other steps in the screening process
and when quality is assured. In
general, a screening programme is a
far more complex public health
intervention compared to early
diagnosis.
Examples of screening methods are:
- visual inspection with acetic acid
(VIA) for cervical cancer in low-
income settings;
- HPV testing for cervical cancer;
- PAP cytology test for cervical
cancer in middle- and high-
income settings; and
- mammography screening for
breast cancer in settings with
strong or relatively strong health
systems.
Treatment
A correct cancer diagnosis is
essential for adequate and effective
treatment because every cancer type
requires a specific treatment regimen
that encompasses one or more
modalities such as surgery,
radiotherapy, and chemotherapy.
Determining the goals of treatment
and palliative care is an important
first step, and health services should
be integrated and people-centred.
The primary goal is generally to cure
cancer or to considerably prolong
life. Improving the patient's quality
of life is also an important goal. This
can be achieved by supportive or
palliative care and psychosocial
support.
Potential for cure among early
detectable cancers
Some of the most common cancer
types, such as breast cancer, cervical
cancer, oral cancer, and colorectal
cancer have high cure rates when
detected early and treated according
to best practices.
Potential for cure of some other
cancers
Some cancer types, even when
cancerous cells have traveled to other
areas of the body, such as testicular
seminoma and leukaemias and
lymphomas in children, can have
high cure rates if appropriate
treatment is provided.
Vol. XVI No. 2 February 2019
Palliative care
Palliative care is treatment to relieve,
rather than cure, symptoms caused
by cancer and improve the quality of
life of patients and their families.
Palliative care can help people live
more comfortably. It is an urgent
humanitarian need for people
worldwide with cancer and other
chronic fatal diseases and particularly
needed in places with a high
proportion of patients in advanced
stages of cancer where there is little
chance of cure.
Relief from physical, psychosocial,
and spiritual problems can be
achieved in over 90% of advanced
cancer patients through palliative
care.
Palliative care strategies
Effective public health strategies,
comprising of community- and home-
based care are essential to provide
pain relief and palliative care for
patients and their families in low-
resource settings.
Improved access to oral morphine is
mandatory for the treatment of
moderate to severe cancer pain,
suffered by over 80% of cancer
patients in terminal phase.
WHO response
In 2017, the World Health Assembly
passed the resolution Cancer
Prevention and Control through an
Integrated Approach (WHA70.12)
urges governments and WHO to
accelerate action to achieve the
targets specified in the Global Action
Plan and 2030 UN Agenda for
Sustainable Development to reduce
premature mortality from cancer.
WHO and IARC collaborate with
other UN organizations within the UN
Interagency Task Force on the
Prevention and Control of
8
Noncommunicable Diseases and
partners to:
- increase political commitment for
cancer prevention and control;
- coordinate and conduct research
on the causes of human cancer
and the mechanisms of
carcinogenesis;
- monitor the cancer burden (as
part of the work of the Global
Initiative on Cancer Registries);
- identify “best buys” and other
cost-effective, priority strategies
for cancer prevention and control;
- develop standards and tools to
guide the planning and
implementation of interventions
for prevention, early diagnosis,
screening, treatment and palliative
and survivorship care including
for childhood cancers;
- strengthen health systems at
national and local levels to deliver
cure and care for cancer patients
including improving access to
cancer treatments;
- set the agenda for cancer
prevention and control in the
Global Report on Cancer;
- provide global leadership as well
as technical assistance to support
governments and their partners
build and sustain high-quality
cervical cancer control
programmes through the UN
Global Joint Programme on
Cervical Prevention and Cancer;
- provide technical assistance for
rapid, effective transfer of best
practice interventions to countries
 World Day of Social Justice:
Workers on the Move: the Quest for Social Justice

"Migrant workers, like all workers, are entitled to fair treatment and fair treatment for migrant workers is
also key to preserving the social fabric of our societies and to sustainable development."
— Message from ILO Director-General, Mr. Guy Ryders

S
ocial justice is an underlying
principle for peaceful and
prosperous coexistence within
and among nations. We uphold the
principles of social justice when we
promote gender equality or the
rights of indigenous peoples and
migrants. We advance social justice
when we remove barriers that
people face because of gender, age,
race, ethnicity, religion, culture or
disability.
For the United Nations, the pursuit
of social justice for all is at the core
of our global mission to promote
development and human dignity.
The adoption by the International
Labour Organization of the
Declaration on Social Justice for a
Fair Globalization is just one recent
example of the UN system’s
commitment to social justice. The
Declaration focuses on
guaranteeing fair outcomes for all
through employment, social
protection, social dialogue, and
fundamental principles and rights at
work.
Background
The International Labour
Organization unanimously adopted
the ILO Declaration on Social Justice
for a Fair Globalization on 10 June
2008. This is the third major
statement of principles and policies
adopted by the International Labour
Conference since the ILO’s
Constitution of 1919. It builds on the
Philadelphia Declaration of 1944 and
the Declaration on Fundamental
Principles and Rights at Work of
1998. The 2008 Declaration
expresses the contemporary vision of
the ILO’s mandate in the era of
globalization.
This landmark Declaration is a
powerful reaffirmation of ILO values.
It is the outcome of tripartite
consultations that started in the wake
of the Report of the World
Commission on the Social Dimension
of Globalization. By adopting this
text, the representatives of
governments, employers’ and
workers’ organizations from 182
member States emphasize the key role
of our tripartite Organization in
helping to achieve progress and social
justice in the context of globalization.
Together, they commit to enhance the
ILO’s capacity to advance these
goals, through the Decent Work
Agenda. The Declaration
institutionalizes the Decent Work
concept developed by the ILO since
1999, placing it at the core of the
Organization’s policies to reach its
constitutional objectives.
The Declaration comes at a crucial
political moment, reflecting the wide
consensus on the need for a strong
social dimension to globalization in
achieving improved and fair
outcomes for all. It constitutes a
compass for the promotion of a fair
globalization based on Decent Work,
as well as a practical tool to
accelerate progress in the
implementation of the Decent Work
Agenda at the country level. It also
reflects a productive outlook by
highlighting the importance of
sustainable enterprises in creating
greater employment and income
opportunities for all.
The General Assembly Recognizes
that social development and social
justice are indispensable for the
achievement and maintenance of
peace and security within and among
nations and that, in turn, social
development and social justice cannot
be attained in the absence of peace
and security or in the absence of
respect for all human rights and
fundamental freedoms.
It further recognizes that globalization
and interdependence are opening new
opportunities through trade,
investment and capital flows and

Vol. XVI No. 2 February 2019 9

advances in technology, including
information technology, for the
growth of the world economy and
the development and improvement of
living standards around the world,
while at the same time there remain
serious challenges, including serious
financial crises, insecurity, poverty,
exclusion and inequality within and
among societies and considerable
obstacles to further integration and
full participation in the global
economy for developing countries as
well as some countries with
economies in transition.
On 26 November 2007, the General
Assembly declared that, starting from
the sixty-third session of the General
Assembly, 20 February will be
celebrated annually as the World Day
of Social Justice.
Vol. XVI No. 2 February 2019
2018 theme: Workers on the rates than non-migrants globally (73
Move: the Quest for Social percent and 64 percent
Justice respectively).
Most migration today is linked
directly or indirectly to the search
for decent work opportunities. Even
if employment is not the primary
driver, it usually features in the
migration process at some point.
There are an estimated 258 million
international migrants. The ILO
estimates that there are roughly 150
million migrant workers.
Among migrant workers, 56
percent are men and 44 percent are
women. Support us for the
Migrant workers account for 4.4 creation of a just and
percent of all workers and have equitable society
higher labor force participation
10
 World Radio Day:
Dialogue, Tolerance and Peace
R
adio is the mass medium
reaching the widest audience
in the world. It is also
recognized as a powerful
communication tool and a low cost
medium. Radio is specifically suited
to reach remote communities and
vulnerable people: the illiterate, the
disabled, women, youth and the poor,
while offering a platform to intervene
in the public debate, irrespective of
people’s educational level.
Furthermore, radio has a strong and
specific role in emergency
communication and disaster relief.
There is also a changing face to radio
services, which in the present times
of media convergence, are taking up
new technological forms, such as
broadband, mobiles and tablets.
Radio is still the most dynamic,
reactive and engaging medium there
is, adapting to 21st century changes
and offering new ways to interact and
participate. Where social media and
audience fragmentation can put us in
media bubbles of
like-minded people,
radio is uniquely
positioned to bring
communities
together and foster
positive dialogue for
change. By listening
to its audiences and
responding to their
needs, radio
provides the
diversity of views
and voices needed to
address the
challenges we all
face.
Vol. XVI No. 2 February 2019
Background
UNESCO’s Executive Board
recommended to the General
Conference the proclamation of
World Radio Day, on the basis of a
feasibility study undertaken by
UNESCO, further to a proposal from
Spain.
A wide consultation process started
in June 2011, carried out by
UNESCO. It included all
stakeholders, i.e. broadcasting
associations; public, state, private,
community and international
broadcasters; UN agencies; funds
and programmes; topic-related
NGOs; academia; foundations and
bilateral development agencies; as
well as UNESCO Permanent
Delegations and National
Commissions. Among the answers,
91% were in favour of the project.
The leader of the project, the
11
Academia Española de la Radio,
received over 46 letters of support
from diverse stakeholders, including
the Arab States Broadcasting Union
(ASBU), the Asia-Pacific
Broadcasting Union (ABU), the
African Union of Broadcasting
(AUB), Bangladesh NGOs Network
for Radio and Communication
(BNNRC), the Caribbean
Broadcasting Union (CBU), the
European Broadcasting Union (EBU),
the International Association of
Broadcasting (IAB), the North
American Broadcasters Association
(NABA), the Organización de
Telecomunicaciones Ibeoramericanas
(OTI), BBC, URTI, Vatican Radio,
etc.
The date of 13 February, the day
United Nations Radio was established
in 1946, was proposed by the
Director-General of UNESCO.
The objectives of the Day are to raise
greater awareness among the public
and the media of the importance of
radio; to encourage
decision makers to
establish and provide
access to information
through radio; as well
as to enhance
networking and
international
cooperation among
broadcasters.
The consulted
stakeholders also
proposed ideas for the
programme of
celebration: extensive
use of social media, annual themes,
a dedicated website enabling virtual
participation, special radio
programmes, radio programmes
exchange, a festival involving key
partners, and others.
UNESCO’s General Conference, at
its 36th session, proclaimed 13
February as World Radio Day.
On 14 January 2013, the United
Nations General Assembly formally
endorsed UNESCO’s proclamation
of World Radio Day. During its
67th Session, the UN General
Assembly adopted a resolution
proclaiming 13 February, the day
United Nations Radio was
established in 1946, as World Radio
Day.
Vol. XVI No. 2 February 2019
2019 Theme: Dialogue, Tolerance
and Peace
Broadcasts that provide a platform for
dialogue and democratic debate over
issues, such as migration or violence
against women, can help to raise
awareness among listeners and
inspire understanding for new
perspectives in paving the way for
positive action.
Radio programming can also build Visit our website at :
tolerance and surpass the differences www.humanrightsnews.net
separating groups by uniting them
under common goals and causes, like and
ensuring education for one’s children www.manavadhikar.net
or addressing local health concerns.
for online
Join us this World Radio Day 2019 to human rights updates.
celebrate the impact of radio in pursuing
of a more peaceful and tolerant world.
12
 Evolutionary and Dynamic Nature of
Human Rights:
Human Rights - a historical
perspective
Human rights, by nature, are not a
bunch of static rights, but they are
very much dynamic. Since time
immemorial, the dimensions of the
human rights have been expanding
with the socio-cultural and political
development of state and
government.
Human rights are inalienable with
human life and existence. But
conceptually, human rights being
immune from governmental
interference are comparatively of
recent origin. In earlier times, the
entire sovereign power of the state
was vested in the government and for
all practical purposes the state which
was government, was all powerful.
Ancient forms of Government were
based on theocracy and monarchy
which suppressed individuals and
their rights. All individual activities
were state controlled. Individual will
was virtually non existent.
Accordingly, concepts like individual
rights and civil liberties were
misnomer. Though, under certain
circumstances state reluctantly
guaranteed certain liberties but those
were of minimal nature. Only with
the advent of modern constitutional
state and welfaristic orientation of
modern government, civil liberties of
the citizens were guaranteed upon and
governmental non interference into
the individual sphere of activities was
emphasized. At this juncture, legal
Vol. XVI No. 2 February 2019
A Conceptual Analysis
checks were placed on the manner
and extent of governmental action.
Human rights as part of civil rights
were protected against governmental
interference by the Constitution, or
public law, of the state. In adjudging
the violation of such rights the
government became not only arbiter
but also a party to the case; that is,
one organ of the government will act
as judge in deciding a dispute between
the individual and some other organ
of the government. The provision of
Fundamental Rights as enshrined in
Indian Constitution can be taken as
an example which was primarily
designed to protect individuals and
minority groups from arbitrary and
prejudicial state action.
The long and arduous journey of
Human Rights becomes clear in the
following picture. In a minimalist
state, the right to life of citizens was
confined only to the right to be
protected from physical assault and
robbery of their property and
starvation. In stark contrast to this,
today the right to life implies positive
involvement of state in every respect
including right to be protected from
starvation. This has been extended to
include right to food, which is
adequate both in quality as well as
13
Dr. Subhashree Panigrahi
quantity. Supply of mid day meals to
school children can be cited here as
a small example.
Further, the right to life implies right
to health that also includes the right
to get protection against life
threatening diseases; be cared for in
sickness. These have been ensured
by Government through free medical
treatment in public hospitals under the
health services, free medical
examination and immunization of
children in schools and the provision
for special schools for the children
with disabilities. With sustained
economic growth and human index
development these activities can be
increased manifold. From the above
picture it becomes abundantly clear
that permanent codification of
Human Rights is not possible. No
catalogue of human rights can be
prepared because of the evolutionary
nature of the state and government
with added dynamism of economic
progression.
Evolution of Human Rights
The society, the economy and the
polity are dynamic in nature. Thus
the challenges in human life and
socio- political responses thereto are
also varied depending on the cultural
context. . Hence, Human Rights are
evolutionary in nature too. Their
origins may be traced to a series of
historical events and epoch making
works of various political thinkers.
This is summarized as follows: -
“Theory of Natural Human Rights”
as developed by Thomas Hobbes
(1558-1679).His celebrated work
Leviathan could be considered as the
foundation stone followed by John
Locke (1632-1704) whose book
“Two Treaties of Government”,
exercised great influence on the
American and French revolutions in
1776 and in 1789, respectively. The
Magna Carta, the Great Charter of
1215, gave a concrete shape in
England, further consolidated by the
English Bill of Rights, 1689. Similarly,
the French Declaration of the Rights
of Man and of the Citizen, 1789, and
the American Bill of Rights, 1791 both
became landmark attempts towards
human rights in the eighteenth
century.
Human Rights in Twentieth
Century – a turning point
The philosophy of Human Rights and
fundamental civil liberties became
crystal clear in the twentieth century,
when the United Nations General
Assembly adopted Preamble to the
Charter of the United Nations in
1945, followed by the Universal
Declaration of Human Rights in 1945,
the Convention on Prevention and
Punishment of the Crime of Genocide
in 1948, the Convention for the
Suppression of the Traffic in Persons
Vol. XVI No. 2 February 2019
and of the Exploitation of the
Prostitution of Others in 1949, the
Convention on the Political Rights of
Women in 1952, the Supplementary
Convention on the abolition of
Slavery, the Slave Trade and
Institutions and Practices Similar to
Slavery in 1956, the International
Convention on the Elimination of all
Forms of Racial Discrimination in
1965, the International Covenant on
Civil and political rights in 1966 the
International Covenant on Economic,
Social and Cultural Rights in 1966,
International Convention on the
Suppression and Punishment of the
Crime of Apartheid in 1973, the
Convention Against Torture and
other Cruel, Inhuman or Degrading
Treatment or Punishment in 1984,
the Declaration on the Rights to
Development in 1986, the Convention
on the Rights of the Child in 1989,
and other international instruments on
human rights. This long chart shows
as to how the human rights have
sojourned a long path in an
evolutionary manner.
The founding fathers and architects
of all the modern written
constitutions, especially in the third
world countries, including India, were
profoundly influenced by and drew
inspiration from, the aforesaid
14
documents, for incorporating
fundamental human rights in their
national constitutions and
guaranteeing them to their own
citizens.
Human Rights in Indian
Constitution – an overview
Fundamental Rights
The essence of human rights which
are inalienable for human existence
have been enumerated as
Fundamental Rights in Indian
Constitution and divided into seven
parts, namely, the Right to Equality,
the Right to Freedom, the Right
Against Exploitation, the Right to
Freedom of Religion, Cultural and
Educational Rights, the Right to
Property, and the Right to
Constitutional Remedies. These
Rights lay down that all are to be
treated equal before the law, all have
to have right to freedom of religion,
assembly, association, and
movement. No person is to be
deprived of his life, liberty or
property, except in accordance with
law. These even take care of
minorities’ rights as they are allowed
under this provision to protect and
conserve their language, script and
culture. The sacrosanct nature of
Fundamental Rights lies in the fact
that any one can even move to the
apex court of the land that is Supreme
Court directly for enforcement in case
of infringement of any of these rights.
Granville Austin in his book, The
Indian Constitution - Corner Stone of
a Nation, wrote that, although the
Fundamental Rights primarily protect
individuals and minority groups from
arbitrary and prejudicial state action,
there are three articles which protect
the individual against the action of
other private citizens also. Firstly,
Article 17 abolishes untouchability;
secondly, Article 15(2) lays down that
no citizen shall suffer any disability
in the use of shops, restaurants, wells,
roads, and other public places on
account of his religion, race, caste,
sex, or place of birth; and thirdly,
Article 23 that prohibits forced
labour.
Thus, the state in addition to obeying
the Constitution’s negative injunctions
not to interfere with the citizen’s
liberties must fulfill its positive
obligation to protect the citizen’s
rights from encroachment by society.
The Fundamental Rights, therefore,
were to foster the social revolution
by creating a society egalitarian to the
extent that all citizens were to be
equally free from coercion or
restriction by the state or by society
privately; liberty was no longer to be
the privilege of the few.
Directive Principles of State Policy
The Directive Principles of State
Policy enumerated in Indian
constitution supplements the
fundamental rights, which inter- alia,
urge upon the state to ensure that
citizens have an adequate means of
livelihood, that the operation of the
economic system and the ownership
and control of the material resources
of the country subserve the common
good, that the health of the workers
Vol. XVI No. 2 February 2019
including children is not abused, that
the special consideration be given to
pregnant women, and workers both
agricultural and industrial are to have
a standard of living that allows them
to enjoy leisure and social and cultural
opportunities. Among the primary
duties of the state is the raising of
the level of nutrition and the general
standard of living of the people.
The other provisions of the Principles
seek equally to secure the renovation
of Indian society by improving the
techniques of agriculture, husbandry,
cottage industry, etc. The Principles
have set a positive goal before the
nation with a hope that with in ten
years of the adoption of the
Constitution there will be compulsory
primary education for children up to
the age of fourteen years. Every
provision enshrined in the
Constitution under the provision of
Directive Principles of State Policy
is deeply intertwined with Human
Rights and is fundamental in
realisation of a just and humane
society.
Human Rights and Human Duties
– mutually integral relationship
Human rights and human duties are
mutually integral to each other and
realization of one without other is
impossible. An interesting example
can be cited in this respect. We all
know that child rights cover a vital
aspect of human rights. It is the
bounden duty of all adult citizens
15
including parents to ensure child
rights and protect their childhood.
Recently, China has moved a step
forward and introduced legislation to
disincentivise the personnel holding
public offices in case, they neglect
their old parents. A provision has been
introduced to make relevant entries
in the confidential records and job
profiles of every public servant in the
country in this regard. So, effectively
it becomes compulsory for the
children to take care of their ageing
parents when they grow up.
No human being can claim any right
without performing his or her
corresponding duty in the society.
Possession of rights does not mean
possession of claims that are empty
of all duties, said Harold Laski.
Human rights and human duties are
the two sides of one and the same
coin. Human rights can be realized
only in a responsible society, which
means common and individual
responsibility of all citizens to fulfill
their duties enjoined upon them.
Human rights, without acceptance of
human duties can destroy the former.
When the both are well balanced,
freedom can be enhanced and a better
world order can be created.
Justice J. S. Verma, the former Chief
Justice of India and the former
Chairman, National Human Rights
Commission aptly said that, “the
proper synthesis of the human rights
philosophy with that of human
responsibilities is essential for
effective realization of the rights of
the human family. We often talk of
our human rights, completely
forgetting our human duties;
however, if we all perform our duties
properly then most of the social
maladies can be cured.”
- HT Bureau
 National Human Rights Update
Rohingya Refugees Caught
Between India and a Hard Place
Recently, 31 Rohingya refugees who
had fled atrocities in Myanmar found
themselves trapped at the border
between India and Bangladesh.
Neither Indian nor Bangladeshi
border guards were willing to accept
them. The Indians insisted that the
refugees were attempting an illegal
entry from Bangladesh, while
Bangladeshi authorities said that the
refugees were being forcibly pushed
out of India. One thing was certain:
Going back to Myanmar was not an
option.
Myanmar’s Rohingya Muslims are
among the most persecuted
communities in the world. Long
denied citizenship rights in Myanmar,
subjected to pervasive discrimination
and targeted in violent attacks, many
have fled or been expelled. In their
desperation, these refugees have
walked long distances, swum across
rivers to safety, or paid human
smugglers for a place on flimsy boats
to carry them across treacherous
seas.
After years of denying asylum,
Bangladesh reversed its policies when
several hundred thousand streamed
across the border after Myanmar’s
military launched a campaign of
ethnic cleansing and committed
crimes against humanity against the
Rohingya following a militant attack
in August 2017. An estimated one
million Rohingya refugees are now
in Bangladesh, most crowded into
temporary camps and denied proper
access to jobs and education.
Vol. XVI No. 2 February 2019
Another estimated 40,000 Rohingya
are in India, of whom at least 16,500
have been recognized by the UN
refugee agency. But with the ruling
Bharatiya Janata Party (BJP)
government focused on a Hindu
majoritarian agenda, India is letting
them down. While claiming that it
deserves a voice in global affairs,
India still hasn’t condemned
Myanmar for the attacks on the
Rohingya. Instead, ruling party
leaders declared that Rohingya
refugees in India should be sent back.
“India is not a signatory for refugees,
we have been soft,” the Home
Ministry’s Kiren Rijiju said last July.
“We will facilitate their return.” When
criticized by the opposition, the
government went further, claiming
without any basis that the Rohingya
“are linked with wrong and illegal
activities.” Alleged BJP supporters
have been implicated in attacks on the
beleaguered community.
In October 2018, Indian authorities
started repatriating Rohingya
refugees to Myanmar, despite United
Nations findings that Myanmar’s top
generals should be should be
investigated and prosecuted for
genocide. The forcible return of
refugees violates the principle of
nonrefoulement, the international
norm that forbids returning people to
a place where they are at real risk of
serious abuse. The Indian
government has repeatedly claimed
that the Rohingya who were deported
16
wanted to return to Myanmar but has
refused access to the UN refugee
agency to assess these claims
independently.
Discrimination against the Rohingya
refugees could worsen because of
recent official policy. The Indian
government has proposed
amendments to its citizenship laws
that would allow certain Hindu, Sikh,
Buddhist, Jain, Parsi and Christian
asylum seekers from Afghanistan,
Bangladesh and Pakistan to become
eligible for citizenship. Muslims are
glaringly excluded, placing the
Rohingya at risk of detention and
deportation. Some have been
detained in Indian prisons on charges
of illegal entry and are at greatest risk
of forced return.
Many Rohingya, fearing that they
will be forcibly returned to Myanmar,
are escaping to Bangladesh.
According to Bangladeshi officials, at
least 1,300 Rohingya have arrived
there in recent months. Abdur
Rahman had fled to India in 2012
after deadly riots in Myanmar’s
Rakhine State had targeted the
Rohingya and Kaman Muslim
communities. Although registered by
the UN refugee authorities in India,
he is now in Bangladesh.
The Indian government should
immediately reverse course. It should
assist Rohingya refugees while calling
upon Myanmar to ensure justice for
victims of abuse and create
conditions for their safe and voluntary
return. All Rohingya in India should
have access to a fair procedure
through the UN refugee agency. But
India also needs to recognize that
conditions conducive to safe and
dignified return in Myanmar are not
likely anytime soon.
The 31 Rohingya men, women and
children were stuck at the border for
three days. Then the Indian
authorities arrested them. They
should be released and provided
proper refugee protections.
Court Decisions on LGBT Rights
Echo ‘A Wild Wish’
More than two centuries ago Mary
Wollstonecraft laid the foundations
for feminist thought with a simple
premise: lack of equal opportunity
diminished individual self-worth and
hobbled social progress. In A
Vindication of the Rights of Woman
(1792), Wollstonecraft made a “wild
wish” for equality between the sexes.
When women are treated as less than
equal in law and society, she argued,
it affects not only the practicalities
of everyday life, but encroaches on
autonomy, dignity and agency.
Her arguments apply today to people
marginalized by prevailing social
norms, including those who do not
conform to sexual and gender
stereotypes. It is these same issues –
autonomy, dignity, equality and
agency – that were addressed in 2018
in three landmark court judgments in
India, Trinidad and Tobago, and
Guyana.
These decisions – each one striking
down discriminatory laws – herald
new legal dispensations and life
possibilities for lesbian, gay, bisexual
and transgender people in these
countries. But the judgments go much
further than striking down archaic
and discriminatory laws. They trace
ignoble colonial histories, highlight
the negative impact on individuals and
Vol. XVI No. 2 February 2019
society, and seek avenues for redress.
In doing so they draw on and develop
jurisprudence from countries in the
global South, each grappling with the
legacy of colonialism.
It is not often that a judgment reflects
on the meaning of human existence
and the nature of desire, but the long-
awaited decision of the Indian
Supreme Court, handed down in
September, did so, poetically. The
court drew on literature, philosophy,
social science, queer theory and
individual testimony to invalidate
Section 377 of India’s penal code,
which punished “carnal intercourse
against the order of nature” with 10
years to life in prison. In doing so,
the court upheld individual autonomy,
equality, privacy and dignity, stating
that “homosexuality is a completely
natural condition, part of a range of
human sexuality.”
The decision rejected the idea that
individual lives should be limited by
“the bondage of dogmatic social
norms, prejudiced notions, rigid
stereotypes, parochial mindsets and
bigoted perceptions.” It railed against
the “tyranny of the majority” and
reasserted the role of the court as a
“threshold against an upsurge in mob
rule.” By using “constitutional
morality” to protect minorities against
“societal morality,” the courts protect
freedom for all: “Our ability to
survive as a free society will depend
upon whether Constitutional values
can prevail over the impulses of the
time.”
The India judgment references a
broad sweep of comparative law
from around the world, including
Belize, Canada, Colombia, Ecuador,
Fiji, Hong Kong, Nepal, South Africa,
Trinidad and Tobago, the US and the
United Kingdom. Invoking the
“sodomy” laws as a residual “yoke”
17
of British rule, the court declared that
“history owes an apology to the
members of this community and their
families, for the delay in providing
redressal for the ignominy and
ostracism that they have suffered
through the centuries.” The Indian
Penal Code served as a template for
similar laws imposed throughout the
British Empire. Its demise will
register globally; it is already
referenced in a legal challenge to a
similar Kenyan law and is inspiring a
new challenge to Singapore’s colonial
sodomy law as well.
The High Court in Trinidad and
Tobago similarly ruled sections of the
Sexual Offences Act that criminalize
“buggery” and “serious indecency”
unconstitutional, pointing out that –
even when dormant – these laws
send a message that “society hates
homosexuals.” The judgment
asserted the rights of individuals,
including members of unpopular
groups, above vague concepts such
as tradition and religious morality.
The court stated: “this is a case about
the dignity of the person and not about
the will of the majority or any religious
debate.” The court also reflected that
it was unfortunate when individual
traits of race, gender, age, or sexual
orientation were used as yardsticks
to measure worth: “That is not their
identity. That is not their soul.” In
coming to these conclusions, judges
referenced foreign precedent from
courts in South Africa, Nepal, Fiji and
Belize.
In November, the Caribbean Court of
Justice struck down as
unconstitutional a 125-year-old law
against cross-dressing for an
“improper purpose.” This law had
been used disproportionately against
transgender women in Guyana. The
court traced the origins of the law,
part of a suite of laws against
vagrancy, to the coercive labor
practices imposed in the aftermath of
slavery and rejected them as relics
of an oppressive past. The primary
objective of vagrancy laws was to
restrict mobility and force former
slaves back to plantations as a way
of maintaining a steady supply of
cheap labor.
The court found that the law violated
fundamental rights to equality, non-
discrimination and freedom of
expression. It condemned the role of
gender stereotypes in restricting
gender equality and individual self-
determination. Pointing out that
“[l]aw and society are dynamic, not
static,” the court asserted the value
of tolerance for individuals and
society as a whole, recalling that
“[t]oday’s heresy may easily become
tomorrow’s gratefully embraced
orthodoxy.” In this the court echoes
the prescient insights of the feminist
frontrunner Wollstonecraft and her
wild wish:
A wild wish has just flown from my
heart to my head, and I will not stifle
it, though it might excite a horse-
laugh. I do earnestly wish to see the
distinction of sex confounded in
society, unless where love animates
the behaviour.
Taken together, these landmark
judgments go to the heart of how
restrictive and discriminatory laws
harm individual lives and hamper
social progress. When free
expression is denied, said the
Caribbean Court of Justice, “On the
one hand, the human spirit is stultified.
On the other, social progress is
retarded.”
Growing Crackdown on Activists,
Rights Groups
The Indian government intensified its
harassment and at times prosecution
Vol. XVI No. 2 February 2019
of critics in 2018, Human Rights
Watch said today in its World Report
2019. Authorities used draconian
sedition and counterterrorism laws to
silence peaceful dissent, and foreign
funding regulations and other laws to
discredit and muzzle
nongovernmental organizations
critical of government actions or
policies.
In a landmark decision in September,
however, the Supreme Court
decriminalized consensual adult same-
sex relations, paving the way for full
constitutional protections for lesbian,
gay, bisexual, and transgender (LGBT)
people. The ruling opened the door for
reform in other countries with British
colonial-era sodomy laws.
“The room for dissent in India is
getting ever smaller, and anyone who
criticizes government actions can
become a target,” said Meenakshi
Ganguly, South Asia director at
Human Rights Watch. “Authorities
seem more interested in silencing
activists and journalists than in
addressing the problems they bring
to light.”
Police in Maharashtra state arrested
10 civil rights activists, lawyers, and
writers, accusing them of being
members of a banned Maoist
organization. By the end of the year,
eight were still in jail and one was
under house arrest.
Numerous journalists and media
organizations faced costly defamation
lawsuits, including for their reporting
on a controversial deal by the
government to procure planes for the
Indian Air Force that allegedly
benefitted businessman Anil
Ambani’s Reliance Group.
The Office of the United Nations High
Commissioner for Human Rights
18
released its first report on the human
rights situation in Kashmir in June.
The report focused on abuses since
July 2016, when violent protests
erupted in response to the killing of a
militant leader by soldiers. Instead of
confronting human rights failures and
addressing grievances, the
government dismissed the report.
There were repeated incidents of
mob violence, including by extremist
Hindu groups affiliated with the
ruling Bharatiya Janata Party (BJP)
against minority communities,
particularly Muslims. In July, the
Supreme Court condemned these
“horrendous acts of mobocracy,”
and issued a series of directions for
“preventive, remedial and punitive”
measures.
India’s #MeToo movement gained
strength during the year as numerous
women, many from the media and
entertainment industries, shared their
accounts on social media of
workplace sexual harassment and
assault. The outcry led to pressure
to fully enforce the Sexual
Harassment of Women at Workplace
Act of 2013, which prescribes a
system for investigating and providing
redress for complaints in the
workplace.
The Indian government made no
improvement in promoting human
rights in international forums. Instead,
the government faced increasing
criticism throughout the year from
UN experts for failing to address
sexual violence, discrimination
against religious minorities, targeting
activists, and lack of accountability
by security forces. The UN special
rapporteur on racism called the
government’s decision to deport
seven Rohingya Muslims back to
Myanmar in October a “flagrant
denial of their right to protection.”
News From the National Human Rights Commission
NHRC, Nepal delegation visits
NHRC, India
A delegation from the National
Human Rights Commission, NHRC,
Nepal is visiting the National Human
Rights Commission, India from 04-
08th February, 2019. The seven
member NHRC, Nepal delegation it
led by Mr. Sudip Pathak,
Commissioner and includes, among
senior officers, Mr. Bed Prasad
Bhattarai, Secretary, Mr. Murari
Prasad Kharel, Director.
The delegation today met with the
NHRC India Chairperson, Mr. Justice
H.L. Dattu and Member Mrs. Jyotika
Kalra and Mr. Jaideep Govind,
Secretary General and other senior
officers to have overview of the
functioning of the Commission. They
would be further briefed by the
specialist officers handling
complaints, investigation, research,
information technology and media
related issues in the NHRC, India.
They will also be visiting the National
Commission for Women, National
Commission for Scheduled Castes ,
National Commission for Scheduled
Tribes, National Commission for
Minorities, National Commission for
Backward Classes and National
Commission for Safai Karamcharis
to understand their functioning.
NHRC notice to Government of
Madhya Pradesh over reported
sexual exploitation of girls at a
Ratlam Shelter Home
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of a media report
alleging that girls of a Shelter Home,
Vol. XVI No. 2 February 2019
Kundan Kuteer Balika Grah at Jaora
town in Ratlam district of Madhya
Pradesh were being sexually
exploited, assaulted and manhandled.
Five inmates of the Shelter Home had
escaped on the 24th January, 2019,
by breaking the window of the toilet
and later they were traced in
Mandsaur. The police have three
persons, including a couple, in this
connection. Reportedly, efforts are
being made to arrest the current
President of the Shelter Home, who
is also an accused in the case.
The Commission has issued a notice
to the Chief Secretary, Government
of Madhya Pradesh calling for a
detailed report in the matter within
four weeks including all the details
regarding action taken against the
culprits, steps taken for relief/
rehabilitation/counseling of the victim
girls. The response is expected,
within four weeks.
It has also expressed serious concern
over the rising incidents of the sexual
exploitation of the girls at the Shelter
Homes, which are meant to provide
protection, relief and succor to them.
It is painful to know that the persons,
who are supposed to protect the girl
inmates are accused of subjecting
them to indignity in their custody.
NHRC notice to Government of
Tamil Nadu over sexual abuse of
15 minor girls at a Shelter Home
in Tiruvannamalai district
The National Human Rights
Commission, NHRC has taken suo
19
motu cognizance of a media report
that 15 minor girls have been rescued
from a Shelter Home in
Tiruvannamalai district of Tamil Nadu
following complaints of sexual abuse
against the In-Charge of the Home.
The In-Charge of the Shelter Home
has been arrested under the Protection
of Children from Sexual Offences
(POCSO) Act. The rescued girls
have been shifted to a government
facility and further investigation in the
case is underway.
The Commission has observed that
the contents of the news report, if
true, amount to violation of human
rights of the victim minor girls.
Accordingly, it has issued notices to
the Chief Secretary and the Director
General of Police, Tamil Nadu calling
for a detailed report in the matter,
within four weeks including action
taken against the guilty and steps
taken for relief, rehabilitation and
counseling of the victims.
It has also observed that this is not
the single incident of its kind which
has come to the notice of the
Commission. In the recent past the
Commission has come across several
incidents of such nature, occurred in
various parts of the country, where
the girl inmates have been sexually
abused in custody either by staff or
the persons who run the Shelter
Homes. The incidents of sexual abuse
of innocent minor girls at the hands
of their custodian, are shameful and
also call for review of the monitoring
mechanism by the state authorities.
The police and the social welfare
departments of the states have to
come together to ensure strict
compliance of the procedure laid
down under law with regard to
running Shelter Homes, especially for
the women.
According to the media report,
carried on the 30th January, 2019,
the District Collector, reportedly
visited the Home and sealed the
premises. The issue came to light as
some of the inmates informed the
authorities about alleged sexual abuse
by the accused, during a safety
campaign. Reportedly, the victims
have alleged in writings that the In-
Charge of the Home, made them
watch pornographic content before
abusing them.
NHRC notice to Government of
Haryana over reports of Panipat
General Hospital working
without any paediatrician and
ventilator
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of a media report
that “The Special Neonatal Care Unit
(SNCU) at the General Hospital in
Panipat district of Haryana is without
any paediatrician and ventilator. Three
neonates died here on Monday, the
28th January, 2019, while 33 had died
in 2018. Last year saw the unit
virtually turn into a referral centre
with 351 neonates being referred to
other hospitals due to the lack of
amenities. Reportedly, the hospital
has been functioning without any
paediatrician for the past two months
while it is mandatory to have a
paediatrician and two doctors on
round-the-clock duty. There are only
four nurses posted against the
required strength of eight.
The commission has issued a notice
to the Chief Secretary, Government
of Haryana calling for a detailed report
in the matter within four weeks. It
has observed that the contents of the
Vol. XVI No. 2 February 2019
media report are disheartening and,
if true, amount to violation of human
rights. Proper medical care is one of
the basic human rights and the State
is bound to protect the life of the poor
babies as most of the patients who
approach the government hospitals,
are from weaker sections of the
society and they cannot afford costly
treatment at private hospitals.
According to the media report,
carried today on the 1st February,
2019, the Paediatrician-cum-
Incharge of the SNCU was
suspended in connection with a
criminal case last year while the other
paediatrician is on Child Care Leave.
There are three doctors who are
supervising the work. They have
been appointed on contract basis. The
doctors find it from difficult for them
to provide proper care to the newly
born babies due to non-availability of
any paediatrician in the hospital.
The doctors have reportedly stated
that they have no option but to refer
serious patients to other hospital.
The Medical Superintendent has
identified that low weight and
respiratory distress as the main
reason behind the death of the three
newborns at the centre, recently.
Reportedly, the vacancy for the
paediatrician’s post has been
advertised twice but no doctors
seems to be willing to join at monthly
salary of Rs. 80,000/-.
NHRC notice to the Government
of Uttar Pradesh over reported
death of three labourers and
injury to two others due to
electrocution in Bareilly district
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of media reports
that three labourers died and two
others were seriously injured due to
electrocution while fixing poles,
20
which came in contact with an over
head high tension wire in Bareilly
district of Uttar Pradesh. Reportedly,
the contractor had no permission
from the Electricity Department for
the work. The labourers were engaged
for laying Reliance Jio 5G cable on
the poles.
The commission has observed that
going by the contents of the news
reports, carried today on the 30th
January, 2019, apparently, there was
gross negligence on the part of the
contractor. Right to life, which is one
of basic human rights, of the
deceased labourers and the injured,
has been violated. The incident also
puts a question mark on the working
of the authorities concerned, who
could not stop the illegal work being
done by the contractor.
Accordingly, it has issued a notice to
the Chief Secretary, Government of
Uttar Pradesh calling for a detailed
report in the matter along with the
relief and rehabilitation to be provided
if not already provided, to the NOKs
of the deceased labourers and to the
families of the labourers who have
sustained grievous injuries in the
incident. The commission would also
like to know the status of the medical
treatment being provided to the
injured and the legal action taken
against the officials/ contractor
responsible in the matter. The
response is expected within four
weeks.
NHRC notice to the Government
of Uttar Pradesh over dilapidated
condition of 209 primary school
buildings forcing students to sit
in open for their classes in
Etawah district
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of a media report
that 209 primary school buildings in
Etawah district of Uttar Pradesh are
in a dilapidated condition due to which
students are forced to attend their
classes in open as they are scared to
sit in the rooms. Reportedly, the
school managements have made
several verbal and written complaints
to the concerned authorities in the
State Education Department but the
repairing work has not been done,
apparently due to the shortage of
funds.
The Commission has observed that
the contents of the media reports, if
true, amount to gross violation of
human rights of the students and the
teachers.The dilapidated buildings
are definitely threats to the lives of
the students, teachers and other staff
of the respective schools.
Accordingly, it has issued a notice
to the Chief Secretary, Government
of Uttar Pradesh to submit a detailed
report in the matter along with the
statistics, addressing the issues
raised in the news report, giving
details about the action being taken/
proposed to be taken by the State
Government to tackle the grim
situation and submit a detailed report
within four weeks.
The Commission has also observed
that it is the duty of the State to
ensure that there should be no hurdle
for the students and teachers in the
process of imparting education. After
the amendment in the Constitution by
way of 86th Constitution Amendment
Act, 2002, the Right to Education has
now become fundamental right under
Article 21 A of the Constitution of
India. Providing proper atmosphere
at the time of imparting education is
a Constitutional obligation upon the
State and any inaction on the part of
the State may amount to infringement
of right to dignity and equality to the
students, which are their basic human
rights.
Vol. XVI No. 2 February 2019
According to the media report,
carried today on the 30th January,
2019, that the State Education
Department had got conducted a
survey. Its report reveals that there
are 1238 primary and 537 junior
schools in Etawah district, out of
which 209 are in a very bad condition.
The block wise details of the schools
have been mentioned in the news
report. The schools situated at
Naurangabad, Pansaritola, Police line,
Chhipaiti, Pakka Talab and Katra
Shamsher Khan have been found to
be in very bad condition. The
Headmistress of the Pakka Talab
Junior High School has reportedly
made a request to make a concrete
roof in the school. The Headmistress
of the primary school of the area has
also stated that their school building
is in a dangerous condition due to
which, they are conducting classes
in open. The District Basic Education
Officer of Etawah has stated that the
funds were not provided in the year
2011 due to which the repair work
could not be taken up.
NHRC notice to the Government
of Uttar Pradesh over dilapidated
condition of 209 primary school
buildings forcing students to sit
in open for their classes in
Etawah district
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of a media report
that 209 primary school buildings in
Etawah district of Uttar Pradesh are
in a dilapidated condition due to which
students are forced to attend their
classes in open as they are scared to
sit in the rooms. Reportedly, the
school managements have made
several verbal and written complaints
to the concerned authorities in the
State Education Department but the
repairing work has not been done,
apparently due to the shortage of
funds.
21
The Commission has observed that
the contents of the media reports, if
true, amount to gross violation of
human rights of the students and the
teachers.The dilapidated buildings are
definitely threats to the lives of the
students, teachers and other staff of
the respective schools. Accordingly,
it has issued a notice to the Chief
Secretary, Government of Uttar
Pradesh to submit a detailed report
in the matter along with the statistics,
addressing the issues raised in the
news report, giving details about the
action being taken/ proposed to be
taken by the State Government to
tackle the grim situation and submit
a detailed report within four weeks.
The Commission has also observed
that it is the duty of the State to
ensure that there should be no hurdle
for the students and teachers in the
process of imparting education. After
the amendment in the Constitution by
way of 86th Constitution Amendment
Act, 2002, the Right to Education has
now become fundamental right under
Article 21 A of the Constitution of
India. Providing proper atmosphere
at the time of imparting education is
a Constitutional obligation upon the
State and any inaction on the part of
the State may amount to infringement
of right to dignity and equality to the
students, which are their basic human
rights.
According to the media report,
carried today on the 30th January,
2019, that the State Education
Department had got conducted a
survey. Its report reveals that there
are 1238 primary and 537 junior
schools in Etawah district, out of
which 209 are in a very bad condition.
The block wise details of the schools
have been mentioned in the news
report. The schools situated at
Naurangabad, Pansaritola, Police line,
Chhipaiti, Pakka Talab and Katra
Shamsher Khan have been found to
be in very bad condition. The
Headmistress of the Pakka Talab
Junior High School has reportedly
made a request to make a concrete
roof in the school. The Headmistress
of the primary school of the area has
also stated that their school building
is in a dangerous condition due to
which, they are conducting classes
in open. The District Basic Education
Officer of Etawah has stated that the
funds were not provided in the year
2011 due to which the repair work
could not be taken up.
NHRC ensures construction of a
bridge by the Government of
Gujarat ensuring children of
Kaneri village in Junagarh do
not swim across the Ripen river
to reach their school
The National Human Rights
Commission, NHRC has ensured that
the children of Kaneri village will not
have to swim across the Ripen river
to reach their school in Kaneri village
in district Junagarh, Gujarat. In
response to the directions of the
Commission, the Government of
Gujarat has informed that a bridge
has been completed now over the
Ripen river connecting the Kaneri
village from all the roads. Following
the compliance of its
recommendations by the State
Government, the Commission
decided to close the case.
The Commission had registered the
case on the basis of a complaint in
the year 2014 that about 50-60 families
of Kaneri Tal, Gir Gadhada, District
Gir Somnath lived on the opposite
bank of the ripen river passing
through village Kaneri locally known
as “Sim Vistar of Bokharapura”.
Some students of these families had
to swim across this river to reach
their primary school in village Kanuri.
In the monsoon season it was very
Vol. XVI No. 2 February 2019
difficult for them to cross it. They
could each to their school via
Dhrabavad village route, which is
about 8 Kilometer long.
Besides this matter, the NHRC in its
Full Commission sitting today
considered 19 other cases of human
rights violations. Most of these
matters pertain to the suo motu
cognizance of incidents of human
rights violations reported in the media
reports. These are at various stages
of further directions by the
Commission to the concerned public
authorities.
NHRC notice to the Delhi
Government over the death of a
worker while cleaning a choked
drain in Timarpur area
The National Human Rights
Commission, NHRC has taken suo
motu cognizance of media reports
that a 37-year worker died on Sunday
afternoon after he entered a drain to
clean it in north Delhi’s Timarpur. The
drain, allegedly, comes under the
Irrigation and Flood Control
Department of Delhi Government.
Reportedly, workers at the site were
not provided safety gear such as face
masks, breathing apparatus,
uniforms and other equipment.
Allegedly, 22 people have died in the
city while cleaning sewers, septic
tanks and rainwater harvesting pits
over the past two years.
The Commission has observed that
the contents of the media reports, if
true, amount to gross violation of
human rights of the victim
Accordingly, it has issued a notice to
the Chief Secretary, Government of
NCT of Delhi to submit a detailed
report four weeks about the instant
case, as well as the other similar
incidents over the past two years in
the city. The report should also
specify the legal action taken against
22
the persons, who had employed the
victim in sewerage cleaning without
providing him with proper safety gear.
He has also been asked to inform
about the specific steps taken to stop
such incidents in future.
The Commission has also observed
that it is the statutory responsibility
of the State to protective gear to the
workers involved in the cleaning of
sewage. Despite legal provisions as
well as the Supreme Court guidelines
safeguarding the interest of sewerage
cleaners, precious lives have been lost
due to the apparent lack of
supervision and lackadaisical attitude
of the authorities.
According to the media reports,
carried today on the 21st January,
2018, a rescue operation by local
police, fire tenders from Delhi Fire
Services (DFS), the National Disaster
Response Force (NDRF) and the
Delhi Disaster Management Authority
managed to recover the body of the
worker after seven hours.
Reportedly, all the workers who were
present to unclog the drain said that
they were doing everything to clean
the drain by their bare hands. A case
has been registered under Sections 7
and 9 of the Prohibition of
Employment as Manual Scavengers
and their Rehabilitation Act.
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 International Human Rights Update
A “Nightmare” on Lockdown in
Brooklyn
As a vicious cold snap descended on
parts of the United States last week,
reports started to emerge of darkness
and freezing conditions inside the
Metropolitan Detention Center
(MDC) in Brooklyn: Prisoners forced
to “huddle up” without food, light,
heat, or hot water, for extended
periods of time, unable to make calls
to family or access proper medical
care.
Many of the 1,600 prisoners on
lockdown at MDC have not even been
convicted of a crime or are awaiting
sentencing, unable to post bail.
It took days of public outrage and
prisoners banging on the walls for the
Federal Bureau of Prisons (BOP) to
send extra blankets and emergency
power. On Saturday, BOP, which
remains without a permanent
director following former director
Mark Inch’s resignation last May,
released a statement confirming the
conditions. Around 6:30 p.m. on
Sunday, electricity, heat, and hot
water were restored. A lawsuit has
since been filed on behalf of the
prisoners citing a “humanitarian
crisis” and a violation of their 6th
Amendment rights.
BOP’s failure to treat prisoners with
dignity and respect is abhorrent.
Federal authorities should
immediately repair infrastructure,
adequately plan for extreme
temperatures and other comparable
emergencies, and quickly provide for
the basic needs of those in custody.
Vol. XVI No. 2 February 2019
Inhumane conditions in confinement
are not just a problem within the
criminal legal system – it also rears
its head in the immigration context.
In 2018, Human Rights Watch
documented the abusive conditions
migrant mothers and children faced
while being held in hieleras, or frigid
holding cells.
On Friday, the House Judiciary
Committee will hold a hearing on the
oversight of the US Department of
Justice (DOJ), the parent agency to
BOP. Acting Attorney General Matt
Whitaker should be ready to answer
questions about the DOJ’s role in
examining what went wrong and
ensuring prisoners’ safety and
livelihood, preventing such abuse
from happening again.
Supporting Women’s Rights in
Poland Could End Your Career
For 27 years, Ewa Wnorowska has
dedicated her life to helping students
at a school for children with
disabilities in Poland.
On the day of the first Black Protest,
as the movement in support of
women’s rights in Poland became
known, she took a photograph with
eleven other colleagues, all wearing
black, to show solidarity with the
cause. Ewa told Human Rights Watch
that they had chosen to come in to
work, even though other people were
taking the day off to join the protests,
because they had a duty to the
children in their care.
23
Since that day, October 3, 2016, that
one simple photograph which first
appeared on Facebook, has been
splashed over Polish newspapers,
social media, and debated far and
wide. Some of the women in it have
been ostracized by colleagues, seen
their careers suffer, and even become
ill because of the strain they are under.
They are suffering the now all-too
common consequences of standing
up for women’s rights in Poland.
Ewa, a therapist at the school in the
small city of Zabrze, told Human
Rights Watch researcher Hillary
Margolis that she and others in the
photo were retaliated against to make
people think twice before taking to
the streets.
“The goal was a chilling effect to
scare people not to go into the
streets, to stay home,” she said. “We
faced the possibility of public
criticism or being fired or being
dismissed from ever being able to
teach again.”
The Black Protests in October 2016
were the first mass demonstrations
in Poland where people took to the
streets to campaign for equality and
rally against the government’s efforts
to enact a total abortion ban in the
country.
More than two years after the first
Black Protests, the rights of women
in Poland are still under attack.
In a new report, “The Breath of the
Government on My Back’: Attacks
on Women’s Rights in Poland”,
Human Rights Watch shows how,
since coming to power in 2015, the
ruling party in Poland – the Law and
Justice party (Prawo i investigation into nine of the staff
Sprawiedliwosc or PiS) – has
targeted women’s rights groups
through raids and defunding, often
with little warning.
It isn’t just activists and
nongovernmental groups that are
under fire. Government employees
who support women’s rights protests
or collaborate with women’s rights
groups have been dragged in front
of disciplinary committees and had
their jobs threatened.
Public smear campaigns by
politicians and church-backed groups
that lash out against women’s rights
organizations and their work – labeling
women’s rights dangerous to families
and so-called “traditional values” like
marriage – have in some cases even
received tacit support from ruling-
party politicians.
“There’s a climate of fear in Poland
at the moment,” Margolis said,
adding that cases like Ewa’s are being
used to show ordinary people that
speaking out against the government
has consequences.
Those consequences started for
Ewa when a former colleague saw
the photograph on Facebook and
lodged a complaint. He also shared
the image with inflammatory
comments accusing the women of
being like Nazis and supporting
abortion.
Margolis said most people think of
women’s rights as being inextricably
linked with abortion in Poland, even
though it encompasses far more than
that – such as helping survivors of
domestic violence and sexual assault.
Vol. XVI No. 2 February 2019
Following the former colleague’s
complaint, authorities from the
provincial Ministry of Education, or
the Kuratorium, launched an
members and the headmistress who
posed for the photo. The women
were investigated under the
Teacher’s Code – to see if they had
failed in their duties and “violated the
ethics and dignity of the teaching
profession” by openly expressing
political views. Two of the women
were administrators and so not
included in the investigation.
Half of the women in the photograph
Ewa took with her colleagues backed
down and apologized in the face of
pressure from the headmistress and
the public – even though the
Disciplinary Commission ultimately
found that there was no reason to
formally punish them.
That decision didn’t stop public
backlash. “There was a big wave of
hate online also. They told us we
should shave our heads or be burned
at the stake,” Ewa said. “Five of the
teachers put their tails between their
legs and quit activism.”
The five women who stood their
ground became the subject of a
psychological campaign played out in
the school’s hallways and
classrooms.
The headmistress – who had also
been in the photograph and was
trying to salvage her reputation –
orchestrated a public witch hunt
against the other women to shame
them and make them scapegoats. “It
seemed like her only goal was to get
rid of us as soon as possible,” Ewa
said.
Other teachers at the school avoided
making eye contact with them and
24
wouldn’t share important information
about students.
“They treated us like lepers,” Ewa
said. “The atmosphere didn’t allow
us to work normally.”
Ewa and three of her colleagues
ended up taking medical leave for the
2017-2018 academic year due to
what they said were effects of long-
term stress, including stomach
problems, anxiety, difficulty sleeping,
and symptoms of depression. The
teachers said the women who stayed
at work but did not back the
headmistress faced reduced teaching
schedules and limited-term contracts
– meaning less income and fewer
career prospects. Ewa ultimately
decided to return to work rather than
allow herself to be forced out.
“I didn’t want to give them the
satisfaction,” she said.
This defiance in the face of having
your life thrown into turmoil, as well
as what activists say is increasing
public protest against government
efforts to undermine women’s rights,
gives Margolis some hope for the
future of Poland.
“I think the government is
underestimating Poland’s women.”
Hakeem al-Araibi Case: Bahrain
is Emboldened to Take Human
Rights Abuse Beyond Its Borders
When the Bahraini government
claimed there would be no threat to
Hakeem al-Araibi’s life if the refugee
footballer were extradited to his home
country – citing the integrity of the
kingdom’s judicial system – it would
have been laughable were it not so
tragic.
A recognised refugee and permanent
resident in Australia, Al-Araibi has
been wrongly imprisoned in Bangkok
for more than two months, waiting
for Bahrain to submit a formal
extradition request to the Thai courts.
He now faces two months more after
the Thai courts decided to hear the
extradition case, refusing bail and
setting a hearing for April.
Al-Araibi’s nightmare began when he
and his wife travelled to Thailand for
their honeymoon. The couple were
met by a squad of policemen, who
arrested Al-Araibi based on an
erroneously issued Interpol “red
notice” issued at Bahrain’s request
but revoked soon after.
In the Bahraini government’s first
substantial public statements since Al-
Araibi’s arrest in November, it denied
the allegations made by Al-Araibi and
human rights organisations regarding
the danger the footballer would face
if sent back to Bahrain. Instead, it
held up its “independent” judiciary
and internal investigative bodies as
safeguards for the rule of law and
individual rights, and called the
questioning of the judiciary’s integrity
“unacceptable”.
Those institutions’ track records,
however, prove otherwise.
The Bahraini government claims Al-
Araibi was convicted and sentenced
in absentia to 10 years in prison for
“terrorism-related offences, including
an attack on a police station”. Bahrain
fails to mention the court ignored
evidence that only minutes before the
time of the alleged crime, Al-Araibi
was playing in a televised football
match broadcast on national
television.
Human Rights Watch and other
groups have documented systematic
and widespread abuse by security
officers against detainees in Bahrain,
Vol. XVI No. 2 February 2019
particularly during interrogation.
Detainees have reported being
subjected to electric shocks,
suspended in painful positions, forced
to stand for long periods, and
sexually abused. These findings are
in line with the abuse that Al-Araibi
said he was subjected to in the
custody of the Bahraini authorities
after his arrest in 2012.
Further, the report of the Bahrain
Independent Commission of Inquiry
(BICI) – the body appointed by King
Hamad bin Isa bin Salman al-Khalifa
to investigate allegations of human
rights abuses – concluded that both
the ministry of interior and the
national security agency “followed a
systematic practice of physical and
psychological mistreatment, which in
many cases amounted to torture,
with respect to a large number of
detainees in their custody”. The BICI
report attributed five deaths in
custody to torture in 2011 alone.
Human Rights Watch observed the
body of one of those men, which
bore signs of horrific abuse.
The Bahraini government has also
demonstrated a zero-tolerance policy
when it comes to free media,
independent political thought and
peaceful dissent. The Bahraini
government has outlawed or
dissolved all opposition parties and
societies. It has shuttered all
independent media and jailed scores
of activists, human rights defenders
and journalists – many of whom have
reported torture – solely for exercising
their right to free speech.
The justice system has served to
further criminalise dissent and
entrench impunity. While authorities
have been actively prosecuting
individuals solely for exercising their
rights to free speech, there have been
25
very few prosecutions of security
personnel implicated in the serious
and widespread abuses against
detainees. The few prosecutions in
connection with this abuse have
almost exclusively involved low-
ranking officers, and have – without
exception – resulted in acquittals or
disproportionately light sentences.
Killing a protester by firing shots at
close range without justification, and
beating a detainee to death, earned the
people responsible for these crimes
sentences of six months and two
years respectively.
The Bahraini government’s oversight
bodies have repeatedly failed to
investigate credible allegations of
prison abuse or to hold accountable
officials who participated in and
ordered widespread torture during
interrogations since 2011. They have
received international criticism,
including by the UN committee
against torture, which raised
concerns that these bodies were
neither independent nor effective.
Despite Bahrain’s atrocious human
rights record, its allies have not used
their influence to press for
improvements, emboldening the
Bahraini government to take its
abuses beyond its borders. It’s time
for the international community,
including Australia, to make it clear
to Bahrain that it cannot get away
with torturing and silencing everyone
who courageously speaks out against
abuses. Thailand should under no
circumstances extradite Al-Araibi to
Bahrain, and release him immediately.
Support us for the
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 Threat of Global Warming:
P
ast few days has been unbear
able, scorching heat of summer
have made life simply
miserable. Summer has been always
hot in many part of the country, but
summer has become a giant killer
since past few years. Global climate
fluctuates and it’s the law of nature,
then what’s so unnatural about the
increase of heat that we are making
so many hue and cries?
Unfortunately many among us are still
unaware of the fact that current and
future climate change will be caused
not just by natural events but also by
human activities. Obsessed model of
accelerated economic development is
having a serious impact on the world’s
climate.
The damage is being caused
principally through the production of
‘greenhouse’ gases, so called
because they have an effect similar
to the glass roof of a greenhouse.
They allow the sun’s rays to penetrate
the atmosphere so as to heat up the
earth, but they prevent part of the
energy from being radiated back into
space. As a result, the earth and its
atmosphere are slowly heating up.
According to climate experts, there
are six main greenhouse gases
(GHGs) - carbon dioxide, methane,
nitrous oxide, hydro fluorocarbons,
perfluoro carbons and sulphur
hexafluoride.
The major culprit responsible for
Global Warming, however, is carbon
dioxide, produced by burning fossils
like coal, oil natural gas, etc.
nowadays most countries are
producing carbon dioxide much
Vol. XVI No. 2 February 2019
It’s Impact on India
faster than trees or plants can absorb
it, so the concentration in the
atmosphere is gradually increasing.
There are also other greenhouse
gases. One is methane, which can be
emitted during some types of coal
mining, from wetlands and paddy
fields, as well as waste dumps and
livestock manure.
We keep reading about rising
temperatures and sea-levels in other
parts of the world like United States
and the UK, but actually India is one
of the most vulnerable countries
when it comes to effects of global
warming. India has a vast coastal line
and the rising sea levels caused by
global warming will cause an
ecological disaster. In India, the signs
already back up forecasts that as the
mercury rises the Indian
subcontinent, home to one-sixth of
humanity, will be one of the worst-
affected regions.
The Himalayan glaciers have started
to melt and the average rate of retreat
is almost twice (34 metres) per year
as compared to the 1971 levels of 19
metres. The melting glaciers will cause
temperatures and sea-levels to rise and
there will be a cascading effect on the
crops and the monsoons. Worse -
whole islands are expected to vanish!
In fact two have already gone under -
two islands in the Sunderbans, an area
which India shares with Bangladesh.
Temperatures in the group of islands
26
- Jyoti Sharma
has already gone up by one degree
centigrade. While some climatologists
say that sea levels will increase by just
4-35 inches from 1990 levels in
another hundred years…some feel
that the range could be higher - 20-55
inches. Thats a lot and will affect
human habitat in a big way. In fact,
as far back as 1993 a study to evaluate
the impact of rising sea levels on India
was carried out by JNU (Jawaharlal
Nehru University). They calculated
what would happen if the sea-levels
rose by just 1 metre…and they found
that as many as 7 million people would
be displaced and 5,764 sq km of land
and 4,200 km of roads would be lost!
Changes in average temperatures,
rainfall patterns and monsoon timings
will affect India’s entire environment
especially the nation’s water
resources, sea-levels, and
biodiversity, impacting a wide range
of sectors, particularly agriculture.
People in India, especially the
poorest, are very vulnerable to the
impacts of climate change, mainly
because the nation’s economy is so
closely tied to natural resources. For
example, more than 56% of workers
are engaged in agriculture and allied
sectors, while many others earn their
living in coastal areas through tourism
or fishing.
Most of India’s poorest people live
in rural areas, almost totally reliant
on natural resources for their food,
shelter and incomes. They are already
experiencing the impacts of climate
change, with few resources to cope.
There are many climate-related

problems that people in India are
already facing, such as diminishing
water resources and frequent natural
disasters. Climate change will
aggravate these existing problems.
Large Dams and Climate Change
in India
Recent research findings show that
large dams in India are responsible
for about a fifth of the India’s total
global warming impact. Contrary to
the myth that large hydro projects are
a clean source of energy, the estimate
also reveals that Indian dams are the
largest global warming contributors
compared to all other nations. This
estimate by Prof Ivan Lima and
colleagues from Brazil’s National
Institute for Space Research was
recently published in a peer-reviewed
scientific journal.
This study estimates that total
methane emissions from India’s large
dams could be 33.5 million tonnes per
annum, including emissions from
reservoirs (1.1 MT), spillways (13.2
MT) and turbines of hydropower
dams (19.2 MT). Total generation of
methane from India’s reservoirs
could be 45.8 MT. The difference
between the figures of methane
Vol. XVI No. 2 February 2019
generation and emission is due to the
oxidation of methane as it rises from
the bottom of a reservoir to its
surface. It’s rather unfortunate that
neither the Central Water
Commission, nor the Central
Electricity Authority, have so far
assessed the global warming impact
of India’s large dams and implications
thereof.
The minimum first step one can
expect from the government is to
urgently institute a credible
independent scientific study of the
global warming impact of dams in
India, in the light of findings
elsewhere. The study should include
the actual measurement of methane
and other GHG emission from a
sample of reservoirs.
While making this assessment, it
should also assess as to what extent
methane emitted from reservoirs and
hydropower projects can be
recovered for beneficial use, in the
process also reducing the global
warming impact of the reservoirs.
While assessing power and water
resources development options, the
greenhouse gas emission potential of
dams should be assessed, as part of
27
the cost benefit analysis and as part
of environment impact assessment.
The Government Claim:
In response to a question by Prof.
P.J. Kurein, in the Rajya Sabha,
recently the Minister of State for
Environment & Forests, Shri Namo
Narain Meena has this to say. “India
with 16% of world population
contributes to approximately 4% of
global greenhouse gas emissions that
amounts to 23.31% of USA, 30.27%
of China, 37.39% of EU-15. Though
this emission records minimum in
comparison with other countries, the
Government is aware of the likely
impacts of global warming on various
sectors.
A preliminary assessment of impacts
and vulnerability due to projected
climate change in key sectors such
as water, agriculture, forestry,
ecosystems, coastal zones, health,
energy and infrastructure was
undertaken at the time of preparation
of India’s Initial National
Communication on Climate Change
submitted to the United Nations
Framework Convention on Climate
Change (UNFCCC) in 2004.
The projected climate change impact
scenarios indicate increase in and
variable trend of both rainfall and
temperature into the 21st century,
reduction in the quantity of surface
run off across the various river
basins, severity of droughts and
intensity of floods in various parts of
the country.
India has been following a path of
sustainable development through a
range of policies and programmes to
mitigate climate change and reduce
carbon emissions. Some of the steps
taken by the Government include inter
alia - setting up of the Bureau of
Energy Efficiency and encouraging

energy conservation and introduction
of energy efficiency labeling,
promoting use of renewable energy,
power sector reforms, use of cleaner
and lesser carbon-intensive fuel for
transport, fuel switching to cleaner
energy, afforestation and
conservation of forests, promotion of
clean coal technologies, reduction of
gas flaring, encouraging Mass Rapid
Transport systems and
environmental quality management
for all sectors.
Besides, India spends every year over
2 percent of the GDP in development
measures with strong adaptation
content. Further, the Government has
also set up an “Expert Committee on
Impacts of Climate Change” in May
2007 to study the impacts of
anthropogenic climate change on
India and to identify the measures that
may be needed to address vulnerability
to anthropogenic climate change
impacts.
India as a Party to the United Nations
Framework Convention on Climate
Change (UNFCCC) has contributed
to the preparation of an Action plan
at the Conference held in Bali in
December 2007 to enable the full,
effective and sustained
implementation of the UNFCCC
through long-term cooperative
Vol. XVI No. 2 February 2019
action, now, up to and beyond 2012.
The Government has set up an
“Expert Committee on Impacts of
Climate Change” in May, 2007 to
study the impacts of anthropogenic
climate change on India and identify
the measures needed to address
vulnerability to anthropogenic climate
change impacts and any other matter
relevant to these.
Long Way to Go - Need for a
Roadmap
If India need to survive and direct its
energy for better causes then it must
address the problem of global
warming in a holistic approach.
There has been a lot more than mere
rhetoric in dealing with climate
change issues, at the same the action
taken so far has been significantly less
than desired levels. India has to tackle
climate change from a short-term
and long-term perspective. In the
short term, energy-efficient and low
carbon fuels need to be encouraged
through suitable incentives, e.g., tax
rebates.
A long-term approach to deal with this
problem should emphasize the use of
renewable sources of energy like
solar and wind energy. Greater
application of solar energy in rural
areas (farming and household energy)
would go a long way in reducing
28
dependence on conventional fossil
fuels.
If sufficient care is not taken, climate
change will add additional stress to
the already difficult living conditions
for the vast majority of Indians,
visible in varying areas such as
deteriorating health, food production,
water resources along with
desertification, sea level rise and loss
of biodiversity.
An important response strategy is to
prepare the communities and increase
their resilience to face and cope with
the adverse impacts of climate
change. Government of India must
think and implement appropriate
policy and fiscal measures for dealing
with the immediate future impacts of
climate change.
There is an urgent need to move
towards sustainable, low carbon
intensity energy pathways, while not
compromising on development goals.
Government should devise proper
mechanism to plan adaptation
measures in climate sensitive sectors,
especially water and agriculture. It
needs to do overtime on the disaster
risk reduction and disaster
preparedness in vulnerable areas.
- HT Bureau
Visit our website at :
www.humanrightsnews.net
and
www.manavadhikar.net
for online
human rights updates.
 Hungry India:
Food Security is of Utmost Importance
H
unger is a very complex issue
in India. Despite phenomenal
industrial and economic
growth, India is unable to feed a large
number of people and they go to
sleep without food every night.
Food and Agriculture Organization
of the United Nations in their annual
report released on May, 2015 stated
that India is home to 194.6 million
undernourished people, which is
the highest in the world. Thus India
is home to a quarter of the
undernourished population in the
world. India has overtaken China,
which has cut its numbers from
289 million in 1990-92 to 133.8
million in the latest
estimates. Globally, the number of
undernourished people has fallen by
216 million between 1990-92 and
2015, from just over a billion to 795
million. However, India’s
contribution to this fall has been
small, with its numbers down by
just 15.5 million.
What is Hunger? Hunger is not
considered to be an appetite. It is a
profound, debilitating, devastating,
and intensively painful human need.
It keeps us to work
productively with a clear
mind and resisting from any
disease. Ultimately, if it goes
long way then it kills us.
As stated by the great noble
laureate Dr. Amartya Sen in
Poverty and Famines:
“Starvation is the
characteristic of some
people not having enough
food to eat”.
Vol. XVI No. 2 February 2019
In India today food security and the
right to food are the two major
political and social issues. Thus a
democratic government cannot
afford to ignore the public outcry.
The country’s success in preventing
a famine in the period since 1947
can be attributed to the inherent force
of democracy. But its overall record
in fighting hunger and malnutrition
seems to be quite terrible. Hunger is
endemic and the poor response of
the government is also well-
documented. And it is a cruel irony
that widespread hunger is reported
in parallel with abundant food grain.
Food rots in the absence of storage
facilities, and yet the people don’t get
their share. Indeed, ours is a hungry
country despite a booming economy
and the expenditure amounting to
millions on subsidising food grain and
other social welfare programmes.
 
However, the Global Hunger Index
2014 ranks India at 55 out of 76
countries on the basis of three leading
29
- Utsah Mondal
indicators — prevalence of
underweight children under 5 years,
under 5 child mortality rate, and the
proportion of undernourished in the
population. Around the world, 795
million people — or around one in nine
— are undernourished. Asia and the
Pacific account for almost 62 per cent
of this section. Yet, the trends are
positive, with a decrease in the
prevalence of people with
undernourishment — from 18.6 pc in
1990-92 to 10.9 percent in 2014-16
worldwide. Experts tell us that as many
as 1 billion human beings - one out of
five on our planet - are under-nourished
and go to bed hungry each night. Not
each month, not each week, but each
day, 19,000 people die of hunger and
hunger-related diseases.
It is a fact that malnourished children
have a higher risk of death from
common childhood illnesses such as
diarrhoea, pneumonia, and malaria.
Also 51% of women between 15 to
59 years of age are anaemic and 44%
of children under 5 are underweight.
Poor hygiene, low public health
spending and little education and
awareness have not helped. Rising
food prices, infrastructure
constraints in supply chain,
available agricultural land,
and high dependency on
monsoon, production
technology and techniques,
poor management and
distribution of food
commodities, efficiency and
transparency of the system,
and several other factors are
worsening the food security
scenario of the country. In
addition, shoddy management of
food stocks, subsidized
carbohydrate-rich food that fuel and
fill the poor rather than truly
nourishing them and real shortages
in its poorest states have worsened
the problem.
On the other hand, it is estimated that
nearly 40 percent of the fruits and
vegetables, and 20 percent of the food
grains that are produced are lost due
to inefficient supply chain
management and do not reach the
consumer markets. The food grain
production is touching new heights
every year and we are producing
more than sufficient to feed our
people without relying on external
support. However, sufficient food
production is not the only criteria to
Vol. XVI No. 2 February 2019
provide food security in a country
and eliminate hunger. Another critical
factor that contributes to large scale
hunger in India is the purchasing
capacity of the households for
nutritious and quality food. The
households living below poverty line
(BPL) do not have sufficient means
to ensure food and nutritional
security. NSSO data reveals that BPL
households in rural India are spending
as high as 70% of the consumption
expenditure meeting their food
requirements.
The situation is similar with APL
(above poverty line) which spends
50% on the same. The urban
working class spends nearly 30%.
The scale of malnutrition in India
makes it ground zero in the fight to
30
end child deaths from deadly under
nutrition.
Despite its status as an economic
powerhouse, deadly malnutrition
persists to a bewildering degree in India,
often hidden in plain sight. India’s lack
of progress has remained a puzzle.
Explanations offered for the
inconsistency between food
consumption and income levels in India
ranged from increasing inequalities, to
poor data, to the challenges of capturing
the changing energy requirements of the
population. There  can  be  no
demographic dividend; no growth
figures can have any meaning until this
phenomenon is tackled on a war footing.
It is both a moral, economic and social
crisis and India should work forward
to it.
 Curing the Ills of India:
Good Governance is a Bliss for All
E
ndurance is the key parameter
to judge success of any
concept or an idea or a process
of this world. There are many
maxims which are quoted from time
immemorial and still stand tall though
mankind has achieved tremendous
progress in every walk of life.
Revered Indian Saint Kabir wrote in
connection with spiritual uplift of
human beings,
“Pothi parrhi parrhi jag muaa,
Pandit bhaya na koi;
Dhai akhar prem ka,
Parrhe so pandit hoi”.
That is, those who acquire only
bookish knowledge in this world, are
not enlightened spiritually but those
who develop love for Almighty, attain
intuitive knowledge. Another time-
tested maxim “Honesty is the best
policy”, can beat all the wise practices
preached by the contemporary
Human Resource Management
Gurus, in the long run of an
organization.
Similarly, ideal governance of a
society/country is full of simplicity
and beauty. If executed appropriately,
it will provide contentment to those
who take part in governance as well
as to those who are governed. It is
not difficult to march towards happy
governance, provided minimum basic
needs of human beings have been
met. Accordingly, governance of a
society/country boils down to a few
basic requirements only, wherein
‘Food’ and ‘Security’ are the two
most essential aspects. One can
survive for long without adequate
Vol. XVI No. 2 February 2019
clothes, housing or education but
survival without regular supply of
food and adequate security against
fatal assaults will be impossible. That
is, life cycle of every living creature
breaks down in the absence of either
of these two basic building blocks
for sustenance of life, viz., Food and
Security.
Thus, first of all, the ideal governance
should handle the aforesaid two
primary needs of human beings. But
it is sad to comment that very few
countries in this world address to
these primary requirements of
mankind, in the manner it should be
done. My primary focus is on
governance in developing countries,
in general, and India, in particular.
These are the countries which usually
complain that their level of
governance is unsatisfactory for
want of resources but the resources
can also be generated by right
governance.
Indian Constitution has granted some
fundamental rights to its citizens, like,
Right to Equality, Right to Freedom,
Right against Exploitation, besides
others. But by mere proclamation
that such and such rights have been
bestowed on the citizens, political
rulers of the country cannot absolve
themselves from the responsibility
they owe towards the good
governance of the nation, including
comprehensive well being of all the
citizens of the country. Various
governments headed by different
31
- Dr. Prem Kumar Sinha
political parties have claimed on
several occasions that they
performed commendably for the
uplift of the Indian masses, in the
given time frame, and for further
development they need more time. I
would call the progress achieved in
India since the Independence as
something like a natural phenomenon,
which is evolving the world over. If
we compare from the primitive ages
when man used to wear leaves then
today’s world has certainly achieved
tremendous progress but most of this
is due to evolution of civilization.
Similarly, most of the progress of
India can be attributed to natural
evolution, like, growth of vegetation
in a forest; trees also grow taller and
sturdy in forests without any
gardener being there to monitor their
progress. When there is a gardener,
he looks after the welfare of all the
plants in his garden and does not allow
one species of plants to mar the
progress of other species of plants.
Has India been able to unleash truly
inclusive development of all of her
citizens? Perhaps a big NO is the right
answer forthe above.
Thus, the progress which has been
achieved by India, since her
Independence in 1947, its credit
cannot be attributed solely to our past
or present political masters. Much of
the progress in the lives of people of
India has come about by natural
progression, which can be described
by the word glocalization
(combination of global factors which
can be attributed to globalization as
well as local factors at the country
level which can be termed as

localization). Thus, the political
masters should cease to showcase
the progress achieved by a section
of the people of the country, as a
result of their good governance.
Media reports sensationalize some
selected reports of people dying of
hun ger or others losing their lives
due to poor law and order situation
in the various parts of the country,
may be, it provides them ammunition
to increase their reach and circulation
among their clientele. Political
leaders, too, capitalize on such
unfortunate incidents, to increase
their mass following.
Do the political leaders, especially
of ruling parties, ever talk about
meaningful measures to alleviate
general sufferings being faced by
most of the people of the country
on account of lack of food and/or
security? Do they ever talk about
initiating comprehensive measures
to eradicate abject helplessness
experienced by a vast majority of
citizens of the country?
The answer to the above, is that either
these political bosses are unable to take
a comprehensive view of the magnitude
of the problem being faced by the
people of India or they realize the
Vol. XVI No. 2 February 2019
enormity of the problem but are not
bold enough to take rational decisions.
Thus they simply buy time by taking
palliative measures which are focused
on different sections of society, keeping
in view political dividends they expect
from these sections.
I feel one can beautifully compare
governance of a country with watering
of a plant. No amount of cosmetic
touch, like, cleaning of leaves, brushing
of stems, sprinkling of water on the
branches of a tree, can ever provide
desired nutrition to a plant though these
are much more difficult to administer
than just watering the roots of a plant
which alone can restore true health to
it and gloss to its leaves. The same
principle applies to the mode of
governance, where one needs to
address the most basic causes which
create sufferings for human beings,
only then a stable and prosperous
society/country can be built up.
Alas! governance in India is badly
impaired, because policies of its
various governments have so far
failed to address in entirety the most
basic needs of human beings in the
right manner. There have been
numerous social welfare programmes
launched by the various governments
in India to address the problems of
general masses. But most of these
schemes failed to deliver tangible
results though considerable
resources were spent on these
umpteen number of welfare
schemes.
Hunger pangs can drive a person to
ultimate submission to exploiters and
rob him of all dignity. It was beautifully
portrayed in an old classic Indian Film,
“Mother India”, wherein cries of a
hungry son resulted in crushing the
morale of a hapless mother compelling
her to swallow her pride and submit
herself to a crafty money lender. In
32
the film, one could see the tide turning
in favour of the unfortunate mother
through divine help. But does it often
happen in the real world, too? The
aforesaid narration is from a film, but
in reality, there are even grimmer
situations, where one can easily see,
if one wants, that a sizeable number
of Indians are utterly helpless and
endure endless sufferings at the hands
of their tormenters.
Here, most of us experience the pain
and humiliation at the hands of the
powerful, since the old maxim,
“Might is Right” prevails here. In
theory, all citizens have equal rights
to live with equality and dignity but
practical realities are starkly different.
Commentators may argue that food
supply position has vastly improved in
the country but one should not forget
that there are still millions of people who
do not get even two square meals a
day. Eventually, sufferings of these
deprived souls may culminate in so
much of pain and country-wide social
unrest that the entire country will be
affected from its fury. Most of the
commentators would agree that the
overall security position of the people
of the country has only worsened in
the past few decades. There are only a
few privileged ones who enjoy special

protection provided to them by the
Government and, also, there are some
ultra rich who can afford adequate
private security. But the majority of the
people feel that they are not secure in
this country. The immediate impact of
insecure environment is the loss of
productivity of the concerned
individuals, which affects prosperity
and overall well being of the people of
the country.
So, one is tempted to remark that our
governments have mostly failed in
providing good governance for this
country, in the same way, as one fails
in providing nourishment to the roots
of a plant where it is needed the most.
Good governance is needed every
where for sustained peace and
prosperity of the people. Just by
amassing wealth due to natural
resources or by entrepreneurship of
a few generations of people, there is
no guarantee for prosperity of a
nation for all times to come. Many a
great civilizations of this world
prospered for a considerable period
but thereafter, perished. Such
civilizations were not decimated due
to natural disasters as dinosaurs are
believed to have perished. But their
fall from grace occurred mostly due
to mismanagement or poor
governance by the then rulers, as it
Vol. XVI No. 2 February 2019
depleted strength of these societies
and gave rise to internal strifes, which
eventually made them vulnerable to
intrusion by outside forces.
Therefore, the need of the hour is that
every citizen of the country should,
first, be protected from the pangs of
hunger and threat of insecurity in day
to day life, which can only provide
enabling environment for true
empowerment of the people, and
thereafter, the country can be
propelled in a high growth trajectory.
And to augment the quality growth,
some other needs of the people should
also be met, in the given order: (a)
Education, (b) Health care, and (c)
Housing. It will also provide a
launching pad for the all-around
development of the nation and lead
to the generation of tremendous
employment opportunities, which will
provide dependable livelihood support
to all the people with dignity in life.
33
For achieving good governance, first
of all, steps should be taken to provide
adequate food, clothing, and
meaningful security, to all the people
of the country so that at least the most
basic physiological and safety needs
of the human beings as contemplated
in the Maslow’s hierarchy of needs
could be met forthwith.
But, governance carried out on ad-
hoc basis, can never bring sustained
changes for lasting prosperity of the
nation. These ad-hoc measures can
at the best give temporary fillip for
economic development and show
high rate of GDP (Gross Domestic
Product) for a while but the end will
be utter despair and chaos. The
illusion of inclusive growth for
masses of the country as talked about
by our leaders may be visible for a
brief period but unless it is truly
comprehensive encompassing entire
population of the country, it will not
bring lasting peace and prosperity for
the people of this country. If our
political bosses can bring about
meaningful qualitative change in the
governance of the country and usher
in an era of peace and prosperity, they
will seal their place in the annals of
history as valuable leaders of our
nation!!!
- The author is working as the
Assistant Registrar (Academic) at
Dayalbagh Educational Institute,
Agra.
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