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Women
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birth & child - infanticides, neglect of nutriton needs, edu, healthcare
teen & adult - underage marriages, unwanted pregnancies, domestic violence, sexual abuse, marital rape, honor killings Gender based violence - dowry deaths, cruelty/rape by family/in laws, forced abortions, intimate partner violence (IPV) Stats - 27% girls in India - underage marriage and pregnancy (2015-16 UNICEF) 30% of indian women - domestic violence at least once by age of 15, 4% pregnant women - spousal violence (2012 UNICEF) |
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Women and girls
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Children
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Refugees
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Migrant workers
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Displaced people
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Stateless people
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HIV and AIDS victims
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Elderly people
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Disabled people
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National minorities
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Indigenous people
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LGBTQIA+ people
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UICEF (11 dec 1946- permanent in 1953)
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to provide emergency food and healthcare to children and mothers in countries that had been devastated by World War II
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UN Convention on the Rights of the Child (Nov. 20th 1989)
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civil, political, economic, social and cultural rights of children
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Includes:
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right to survival
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right to protection
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right to development
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right to freedom of thought and expression
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section 377 in IPC
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enforced in 1861 by british, criminalized homosexuality
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sec 377 violated article 14, 15, 21 of Indian constitution
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In 2009, delhi high court decleared art 377 as unconsitiutional, this appeal was overturned by indian supreme court in 2013
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decriminalised on 6th sept 2018
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UNHRC in 2011- human rights apply equally to all regardless of their sexual orientation or gender identity, appointed special rapporter on HR of LGBTQ+
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June 1993 Vienna Declaration and Program of Action (VDPA)
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Declaration on the Elimination of Violence Against Women (20th December 1993)
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Beijing Declaration and Platform for Action (1995)
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2030 Agenda for Sustainable Development (UN, 2015)
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The court serves to protect human rights in three key areas:
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During investigation
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arrest - 1st step of criminal justice system, guidelines issued by apex court must be followed
Ensure: -evidence is admissable wrt legal procedure -accused is informed of their rights (to remain silent, to an attorney) -accused is not subjected to any form of torture or inhumane treatment custodial torture- common police practice in India |
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During trials
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protect - liberty, speedy trial
Ensure: -accused receives a fair and impartial trial accused receives a fair and impartial trial -opportunity to present evidence and cross examine witnesses -rights of the victim are protected + participate in the trial proceedings Bail is the rule, jail is an exception - rule of criminal justice system (CrPC), should not be subjected to pre-trial detention or incarceration unless necessary (chances of accused to flee from justice, tamper with evidence, or commit further crimes) |
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While serving sentence
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Issues: prison overcrowding and the lack of basic amenities in prisons, torture/inhuman treatments
apex court - issued several guidelines to authorities to safeguard rights of prisoners |
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Art. 15(3)
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special provisions for children
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Art. 21A, 45, 51A, 86th constitutional amendment
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free and compulsory education to all children
21A, 86th const - children btw 6 to 14yrs 45 - before age of 6 51A - duty of parent/guardian to provide edu for 6 to 14 yrs |
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Art. 23
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prohibits trafficking of human beings including children
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Art. 24
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no child below 14 years can work in any hazardous occupation
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Art. 39 A & F
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state policies are directed towards securing the tender age of children
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Art. 15(3)
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allows the state to make special provisions for women and children
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Art. 39, The Equal remuneration Act 1976
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equal pay to women for equal work
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Art. 44
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uniform civil code- to improve the condition of women across all religion
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Acts
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Dowry Prevention Act, Protection of women from domestic violence Act 2005
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evaluates the implementation of children's rights as outlined in the United Nations Convention on the Rights of the Child (UNCRC) in different countries
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right to health
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key indicators: mortality rate, life expectancy at birth, maternal mortality rate, risks of HIV, lack of water, inadequeate nutrition and sanitation
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right to education
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(37% out of world - 287M) of indian population is illiterate
gender inequality, no edu due to child labour, disc based on caste, SES |
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right to life
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death due to poverty, female infanticides, post birth mortalities (families kill the babies after they're born)
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right to protection
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child marriage, labour, sexual exploitation/abuse, female genital mutilation, trafficking
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enabling environment for child rights
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no disc, enabling legislation, child participation, State-civil society cooperation for child rights participation
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