Human Rights In Indian Context

Pranjal Jyoti Goswami

Project Coordination
India
www.susbizindia.org
 Human Rights??
Basic rights and freedoms to which all humans
are entitled
Inherent to all human beings, whatever
nationality, place of residence, sex, national or
ethnic origin, colour, religion, language, or any
other status/characteristics
All human rights are indivisible and
interdependent
Human rights are inalienable (Cannot be given up
and cannot be taken away)
Universal Declaration on Human Rights
articulated in 1948 in the United Nations. The 30
articles of the Declaration together form a
comprehensive statement covering economic,
social, cultural, political, and civil rights.

Human Rights Principle, has been reiterate in

numerous international human rights
conventions, declarations, & resolutions
 The Indian Constitution
Passed by the Constituent Assembly on
November 26, 1949, it came into effect on
January 26, 1950
This is the supreme law of India.
Lays down the framework defining fundamental
political principles, establishing the structure,
procedures, powers and duties of the
government
Spells out the fundamental rights, Directive
Principles and duties of citizens.
 Fundamental Rights
Right to Equality
All persons equal
Non Discrimination on religion/caste/sex/race
Right to Freedom
Speech & Expression
Movement & reside
Forming association or union
Practice any profession/occupation/business
Right to education
 Fundamental Rights
Right Against Exploitation
Prohibition of human trafficking & forced labour
Prohibition of employment of child labour
Right to Freedom of religion
Freedom of conscience & free profession, practice
and propagation of religion.
Cultural and Educational Rights
Saving of Certain Laws
Right to Constitutional remedies
Directive Principles of State Policy
Not enforceable by court, but
fundamental principles in the
governance
Duty of the state to apply principles in
making Law
 Some Important Provisions
38. State to secure a Social order for promotion of
welfare of people
41. Make effective provision for securing right work, to
education
42. Make provision for securing just and humane
condition of work & maternity relief
43. Make suitable system for living wage for decent
standard of life
43.A. Take steps by legislation to secure participation
of workers in management of Industry
48.A. Protection and improvement of environment
Some Indian Laws on Political and civil
rights
Bonded Labour System (Abolition) Act 1976
Child Labour (Prohibition and Regulation) Act
1986
Equal Remuneration Act 1976
National Commission for Backward Classes Act
1993
National Commission for Minorities Act 1992
National Commission for Women Act 1990
Protection of Human Rights Act 1993
Some Indian Laws on Social, Economic
& Cultural Rights
Factories Act 1948
Maternity Benefit Act 1961
Minimum Wages Act 1948
Payment of Bonus Act 1965
Payment of Gratuity Act 1972
Workmens Compensation Act 1923
Trade Unions Act 1926
The Persons with Disabilities (Equal Opportunities,
Protection of Rights & Full Participation) Act, 1995".
 Human Rights Commission
Prime Function:
For Better Promotion and Protection of Human rights.
Come out with wide measures /suggestions
Awareness and Education
Status:
National Human Rights Commission (NHRC), New Delhi
Human Rights Commission in States (SHRC), 19 states
Human Rights Court
 Business and Human Rights
Core Issues:
Health & Safety
Rights to free assembly and collective bargaining
Anti-discrimination measures in recruitment,
development and promotion
Privacy of personal information
Fair remuneration and working conditions
Social security/Pension provision
 The Way forward
Know the broad content of HR and available
resources
Identify where you can address HR within business
operation
Identify what are you doing already
Initiate a strategy to involve with HR
Include HR in the existing policies
Integrate HR in internal & external communication
Implement and build capacity of the stakeholder
Thank you Very Much