Democracy is reflected in realisation of human rights of individual and it’s needless to say that rights movements strengthen democracy and enhance quality of life with human dignity.
With increasing awareness on human rights globally, Odisha has witnessed a spate in people’s movement for realization of human rights by motivated individuals and groups in many ways from protection to promotion of human rights. Rights groups, civil society organizations, activists and defenders have been making efforts to popularize rights education among people and also have been intervening in cases of rights violation specially focusing the poor and marginalized in the State.
There have been attempts to spread rights education among children in schools. Many events are being organised by the Government and the public on December 10 as the International Human Rights Day and December 9 as the Day for Human Rights Defenders.
There have been cases of rights violation increasingly reported in different parts of the State against the vulnerable sections of society. The number of cases registered with the Odisha State Human Rights Commission has been on the rise. 4,176 cases were registered with the SHRC in 2013-2014, while 3,873 cases were registered in 2012-2013.
The SHRC started functioning in the State in 2003 with enforcement of The Protection of Human Rights Act, 1993 which has made provisions of the National Human Rights Commission, State Human Rights Commissions and Human Rights Courts.
There are also reports of cases of violation of rights of specific vulnerable groups such as women, children, SCs and STs registered with SHRC, Odisha State Commission for Protection of Child Rights, National Commission for Scheduled Caste and National Commission for Scheduled Tribe.
The NHRC has 48,448 cases under consideration till August 2015. It has been reported that almost all the human rights bodies have very slow progress in disposal of cases due to a number of reasons including lack of Government apathy in ensuring of human and financial resources for effective functioning of these bodies.
Since the inception of Universal Declaration of Human Rights (UDHR) in 1948, the scope of human rights has widened with ratification of all the 30 articles by most of the democratic countries of the world. The Protection of Human Rights Act 1993 defines human rights as rights relating to life, liberty, equality and dignity of individual guaranteed by the constitution or embodied in the international covenants and enforced by courts in India. The international covenants on civil and political rights and economic, social and cultural rights and such other covenants such as CRC, CEADW and CERD are all included as matter of human rights. The international bodies such as UNCHR have been taking periodical review for strengthening human rights mechanism in all over the world for protection and promotion of human rights.
Many of the provisions of human rights principles are integrated into the Constitution of India and enforced since 1950 by the Government. The preamble, fundamental rights and directive principles have such provisions that uphold rights to live with human dignity.
Human rights also include special rights of the oppressed such as women, children, people with disability, Dalits, Adivasies and religious minorities those who deserve special treatment within the framework of human rights because of their different identities. Their human rights are being violated because of their identity as a different human being.
While respecting equality, liberty, dignity of all its citizens, the Constitution of India has made special provisions for the protection, participation and development of such groups who face discrimination based on gender, caste and ethnic identities and set up constitutional bodies such as National Commission for Scheduled Castes, National Commission for Scheduled Tribe, National Commission for Women, National Commission for People with Disability, National Commission for Protection of Child Rights, National Commission for Minority and Nation Commission for Backward Classes.
Odisha because of its large presence of vulnerable groups such as Dalit and Adivasies and its inherent socio-economic backwardness has been prone to violation of human rights. The State figured among top five having maximum cases of human rights violations and most of the cases are linked to State apathy and repression. It is reported that the State police and paramilitary forces operating in interior parts have been arbitrarily using power against the vulnerable, poor and illiterate and backward sections. There have been reports of death in firing, custodial death, torture and abuse of power in police stations and also by paramilitary forces that have taken life of many innocent people. The inherent colonial days character of police administration need to been changed to cope with emerging human rights standards and laws. The police personnel should know all human rights issues and laws and enforce them as an integral part of their service.
The people who are facing all forms of human rights violations are the women, migrant workers, Dalits and Adivasis of the State. They have been facing abject poverty, distress migration, trafficking, untouchability, caste-based discrimination, gender based violence and many other worst forms of violence.
The democratic protest movements against discrimination, exploitation, deprivation and violation of human rights often face repression by police and local administration with illegal detention, unlawful arrest, implicating false cases and extra judicial actions. It is very often reported by prison authority that these section of people are suffering in jails due to lack of legal aid and advice though availing free legal aid is also a human right which needs to be provided by the State.
The other most important aspect of State violence is criminal apathy in fulfilling basic human needs such as drinking water, sanitation, food security, housing, primary health, education, communication, livelihood, minimum wage and social security of the poor people in interior parts of the State. The State role in protecting the people from social discrimination and exploitation by dominant and powerful social groups has proved ineffective. The dominant social groups manage to influence local police and administration and use laws in their own way while dealing cases of violence against the marginalised sections.
The human rights groups and rights activists /defenders from all over the country including rights activists from Odisha have been raising issues about their rights to get protected while they are intervening/reporting the cases of human rights violation as many of them are being harassed with false cases and face violence by administration, police and anti-social elements. Along with capacity building of human rights defenders, they need emergency relief, assistance and medical treatment in order to promote human rights movement in the interest of the common people. It has been suggested that the human rights defenders from among marginalized groups should be encouraged and promoted for building inclusiveness within human rights movement. The universities and CSOs in the State should play a proactive role in this regard by the active support of international organizations and Government.
Human rights movement should include the members of the legislative bodies, MPs, MlAs, elected leaders of Panchayatiraj institutions, Government officials and media. They need to be sensitized and informed on human rights issues, laws, and provisions so that it can have impact on Government and people at large.
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