MONTHLY FEATURE uu POLICE AND SECURITY uu November, 1998
FIFTY YEARS OFU.N.DECLARATION OF HUMAN RIGHTS
Dr.S.SUBRAMANIAN, IPS (Retd.)
Fifty years ago, on December 10, 1948, the General Assembly of the United Nations Organisation proclaimed the Universal Declaration of Human Rights, as a common standard for all Peoples and Nations to achieve Human Rights, so that, in the post World War period, people across the world lived with dignity. This epoch making event is being remembered and celebrated all over the World on a grand scale. India, being the Founder-Member of U.N.O. is also commemorating the event in a befitting manner.
Golden Jubilee is not a mere chronological milestone. It is also an occasion for introspection and contemplation and for stock taking and to asses how far the parameters set by the Universal Declaration have been realised by the Nations, big and small.
Notwithstanding the canards spread by the vested interests, India has been in the forefront in implementing these principles. Constitution of India, in its Preamble, Part III-Fundamental Rights and in the Directive Principles of State Policy, has incorporated all the principles contained in the Universal Declaration. In these fifty years, U.N.O. has evolved many Covenants, Principles and Standards, and almost all of them have been incorporated in the Social Legislation, Substantive and Procedural Laws by India. We have established an Apex National Human Rights Commission and many States Human Rights Commissions are already functioning and for the rest, the process is on. There are Human Rights Courts, which enforce Human Rights. This is unique in the world and some of the Western countries lag behind India in this respect.
It may appear to the uninitiated, that India has been acting under pressure of the western Nations in implementing Human Rights Standards. This is far from the truth. The Procedural Laws enacted over a century ago and the relentless fight of the Freedom Movement for statutory incorporation and enjoyment of Human Rights by Indians, are standing testimony to the commitment of the Indian Nation to Human Rights. The Report of the Motilal Nehru Committee of the Indian National Congress of 1928 is a watershed. Of the nineteen recommendations made by this committee, ten find a place in the Fundamental Rights chapter of our Constitution, and the rest are in the Directive Principles. Indians can, justifiably, be proud of their record in implementing Human Rights.
We are aware , that we have a long way to go and all is not that rosy. In a Country of Continental dimensions and peopled with nine hundred and sixty millions, violations of Human Rights do take place. What is important is, that when located, action is being taken to remedy them. Much remains to be done; the ethos of the State, Bureaucracy and the people accustomed to Feudalism, Colonialism and other evils, should be changed. There is a concerted move to create an awareness for Human Rights among the People and it is being done through educational institutions, in Service training programmes etc. The role of Judiciary, Media and the N.G.Os. in this regard is commendable.
A good cause can be lost through bad advocacy. Human Rights movement is suffering a great deal due to the fact that it is being espoused by the Countries and persons, whose Human Rights record itself is suspect. Human Rights were used as a weapon, with great success in the Cold War. Tehran Proclamation was used to twist the hands of developing nations and to deny them their due of economic assistance. In a bid to destabilise developing nations, Terrorism and Political unrest were promoted by the developed nations in developing countries, in the garb of support to the cause of Human Rights. Politicisation of the concept and its utilisation as a tool in the international power play, has affected the credibility of the concept in developing countries. An International Criminal Court has been established, rightly so, to deal with crimes against humanity. Is there some one, who could bring to book the offenders in Vietnam and Gulf War? Is it possible to ensure that big powers implement the values proclaimed by the U.N.Declaration. Till these big powers follow what they preach, credibility of Human Rights movement will be at its lowest in the World.
On this occasion of the Golden Jubilee of the Universal Declaration of Human Rights, the UNO should muster enough courage and clout to ensure that super powers implement these principles and ensure that they accede to all H.R.Covenants and implement all Standards, and this should be made a precondition to their holding a permanent seat or a seat in the Security Council.
By definition, Universal Declaration has universal application. Let us strive to remove double standards in implementation and ensure that all countries big and small adhere by them. As rightly stated in the Declaration itself, to prevent the common man to take recourse to rebellion, it is essential to ensure that Human Rights are bestowed on him and the Rule of Law prevails.
On this occasion, we salute those visionaries, who gave birth to and nurtured the Human Rights Movement in India.
(The author is formerly Director General, CRPF and NSG)