HUMAN RIGHTS DAY ADDRESS BY JUSTICE SHRI G.P. MATHUR, ACTING CHAIRPERSON, NATIONAL HUMAN RIGHTS COMMISSION

Shri P.Chidambaram, Union Home Minister, Shri Buta Singh, Chairperson, National Commission for Scheduled Castes, Members Justice Patel, Shri S.Pal and Shri P.C. Sharma, Smt. Urmila Singh, Chairperson, National Commission for Scheduled Tribes, officers and staff of National Human Rights Commission, ladies and gentlemen,



2. It gives me great pleasure to welcome Shri P.Chidambaram in this function which has been organized to commemorate Human Rights Day,

3. Harold Laski one of the prominent political thinkers of the 20th century said, "Rights are in fact, those conditions of social life without which no man can seek in general, to be himself, at his best." Human rights can also be broadly defined as "Those conditions of life and freedoms which should be available to all persons, without any discrimination of any kind. "

4. The idea of a strong United Nations Organisation was born as a result of untold hardships and miseries suffered by people during the Second World War on account of action of armed forces and also because the entire population of jews was sought to be exterminated by Nazi Germany. Article (1) of the Charter of the United Nations which was signed in San Francisco on 26th June, 1945 states that one of the aims of the United Nations is to achieve international cooperation in promoting and encouraging respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language or religion. The General Assembly adopted Universal Declaration of Human Rights (for short UDHR), after thorough scrutiny and innumerable rounds of voting, on 10th December, 1948 in Paris. This Declaration was a momentous achievement because it was for the first time that human rights were codified and steps were taken for the preservation of human rights. The Universal Declaration is built on the fundamental principle that human rights are based on the inherent dignity of every person. This dignity and the rights to freedom and equality which derives therefrom are undeniable. Spelling out individual rights and freedoms for everyone, the Declaration was unprecedented. It remains the first pillar of 20th century human rights law and the cornerstone of the universal human rights movement. It called upon member nations to adopt and implement these rights in their respective countries.

5. Although the Declaration does not have the binding force of a treaty, it has acquired universal acceptability. Many countries have cited the Declaration or included its provisions in their basic laws or Constitutions and many human rights covenants, conventions and treaties concluded since 1948 have been built on its principles.

6. The formal inception of Human Rights Day dates from 1950 after the General Assembly passed Resolution No. 423(V) notifying all States and interested organizations to adopt 10th December of each year as Human Rights Day. It commemorates the day from the year 1948, when the United Nations Assembly adopted the Universal Declaration of Human Rights.

7. The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of Human Rights. Drafted by representatives with different legal and cultural background from all religions of the world, the Declaration was proclaimed by the General Assembly as a common standard of achievements for all people and all nations. It sets out for the first time fundamental human rights to be universally protected. This requirement is crucial to the protection of human rights.

8. We celebrate not only to mark the achievements of those who came before us but also to renew our faith in and commitment to the Universal Declaration and to the principles it sets forth.

9. The first sitting of the Constituent Assembly of India took place on 9th December, 1946 and after long discussions and debates by the foremost legal luminaries and thinkers of our country the draft Constitution was finally adopted on 26th November, 1949. The civil and political rights like equality before the law, freedom of thought and expression, freedom of conscience and religion and the right to life and liberty enumerated in UDHR were included in the chapter on Fundamental Rights in our Constitution. Some of the rights which come in the category of economic, social and cultural rights were included in the chapter dealing with Directive Principles of State Policy. The inclusion of important provisions of UDHR in the Constitution of India has given them supremacy over all other statutory provisions.

10. Martin Luther King said, "injustice anywhere is a threat to justice everywhere." It is more so when the whole world has become a global village due to tremendous advancement in science and technology and transport and communication. Mahatma Gandhi also said, "peace all over world can be established not on gun powder but on pure justice."

11. We are all born with human rights but many of us are not aware about them. That is why education and awareness and a vigilant media have such a crucial role to play. The Human Rights commission has an even more important role to play in the promotion and protection of human rights of the masses.
12. Challenges to human rights in India are to be viewed in the backdrop of the unparallel linguistic, religious and cultural diversity of the country. It is this diversity that is India's greatest strength as well as its greatest challenge in terms of planning and implementing development imperatives. The scourge of militancy and terrorism has made the task of protecting the basic human rights of people extremely difficult.

13. The deep rooted structural inequalities in the Indian society, like caste and gender based discrimination, are a major impediment to the realization of human rights by all. There are numerous instances of human rights violation of women, children and persons belonging to Scheduled Castes and Scheduled Tribes, Lack of education and awareness is another major hurdle in the attainment of human rights. The absence of formal laws concerning certain human rights issues add to the problem.

14. In addition to social inequalities, economic inequalities also disempower certain sections by creating disparities in access to political power, justice, basic goods and services, all of which are essential for the full realization of human rights. The process of development must strive to realize all human rights entitlements of all rights holders. This is particularly relevant for the poor and the marginalized. The right to development is an important requisite for the promotion and protection of human rights. The objective of this right is to reduce disparities, promote freedom and dignity and overall improvement of living conditions. But neither of these objectives is possible under conditions of poverty.

15. Commission has achieved significant achievements in the arena of Right to health, right to education, rights of women, chiIdren, persons with disabilities, displaced persons and detainees. Human rights education and training and spreading of awareness are, among others, some important challenges in a country of the size and complexity of India with over one billion population. The Commission's role is that of a catalyst and a facilitator in securing good and humane governance. The Commission is firmly committed to the promotion and protection of human rights. Towards this end it will work closely with other institutions working in the field of human rights at the regional and international level.
16. One of the important functions of NHRC is to inquire into individual complaints of human rights violations. In spite .of the fact that the number of such complaints has increased manifold since its inception, reaching a level of around 90,000 complaints per annum, the Commission makes special efforts to ensure that its disposal keeps pace with the intake of complaints. Based on merits of a case, the Commission also makes recommendations for monetary relief or an action against errant public servants.

17. The great challenge for the human rights community is to apply human rights to policies in a realistic, practical and pragmatic way and to demonstrate that this makes a difference.

18. In conclusion, we must all keep working with a sense of compassion for each other in our hearts, with a sense of justice and fair play, banishing from our hearts, prejudices of caste, creed and gender. Its time we understood that these prejudices don't take us too far, nor does it give us peace.

19. Today while celebrating this historic day, all of us must promise to create a human rights culture first by inculcating the values of humanity and love for others in ourselves, an environment where there is sense of responsibility but without any fear and discrimination of any kind and to set an example for others.

20. I once again thank Shri Chidambaram, Union Home Minister for consenting to be the Chief Guest on this occasion and sparing his valuable time in spite of his very busy schedule, especially, when the Parliament is in Session.



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