HUMAN RIGHTS
Human rights are "basic rights and freedoms to which all humans are entitled".The doctrine of human rights aims to identify the necessary positive and negative prerequisites for a "universal" minimal standard of justice, tolerance and human dignity that can be considered the public moral norms owed by and to individuals by the mere virtue of their humanity. Such prerequisites can exist as shared norms of actual human moralities, as justified moral norms or moral rights supported by strong reasons, as legal rights at a national level, or as a legal right within international law. Human rights advocates seek the strong protection of human rights through their effective realisation in each of these ways. The claim of human rights is therefore that they are universal, in that they are possessed by all by virtue of the fact that they are human, and independent in that their existence as moral standards of justification and criticism is independent whether or not they are recognized by a particular national or international legal system or government. The general idea of human rights has widespread acceptance, and it has been argued that the doctrine of human rights has become the dominant moral doctrine for regulating and evaluating the moral status of the contemporary geo-political order. Indeed, the Charter of the United Nations which has been signed by virtually all sovereign states recognises the existence of human rights and calls for their promotion and respect. However, debate and disagreement over which rights are human rights, and about the precise nature, content, justification and appropriate legal status of those rights continues. The Universal Declaration of Human Rights has acted as the predominant modern codification of commonly accepted human rights principles and many national many international documents, treaties and instruments that have expanded on its principles and act as a collective expression of widespread conceptions of human rights by the international community. Examples of rights and freedoms which have come to be commonly thought of as human rights include civil and political rights, such as the right to life and liberty, freedom of expression, and equality before the law; and economic, social and cultural rights, including the right to participate in culture, the right to be treated with respect and dignity, the right to food, the right to work, and the right to education.
Fundamental Rights is a charter of rights contained in the Constitution of India. It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech/talk and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or sex. They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man.
The six fundamental rights recognised by the constitution are
1. The right to equality
2. The right to freedom
3. The right to freedom from exploitation
4. The right to freedom of religion
5. Cultural and educational rights
6. The right to constitutional remedies
Rights mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the "fundamental Law of the land" and are enforceable in a court of law. However, this does not mean that they are absolute or that they are immune from Constitutional amendment.
Fundamental rights for Indians have also been aimed at overturning the inequalities of pre-independence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions.
Violence against women is rampant in all corners of the world. Such violence is a human rights violation that manifests itself in a number of ways
Violence against women in custody
The imbalance of power between inmates and guards is a result of prisoners' total dependency on correctional officers and guards' ability to withhold privileges and is manifest in direct physical force and indirect abuses. Because incarcerated women are largely invisible to the public eye, little is done when the punishment of imprisonment is compounded with that of rape, sexual assault, groping during body searches, and shackling during childbirth. Women are often coerced into providing sex for "favors" such as extra food or personal hygiene products, or to avoid punishment. There is little medical or psychological care available to inmates. Though crimes in prison such as rape are prevalent, few perpetrators of violence against female inmates are ever held accountable. In 1997, for example, only ten prison employees in the entire federal system were disciplined for sexual misconduct.
Acid Burning and Dowry Deaths
Women's subjugation to men is pervasive in the political, civil, social, cultural, and economic spheres of many countries. In such societies, a woman who turns down a suitor or does not get along with her in-laws far too frequently becomes a victim of a violent form of revenge: acid burning. Acid is thrown in her face or on her body and can blind her in addition to often fatal third-degree burns. Governments do little to prevent the sale of acid to the public or to punish those who use it to kill and maim. Similarly, the ongoing reality of dowry-related violence is an example of what can happen when women are treated as property. Brides unable to pay the high "price" to marry are punished by violence and often death at the hands of their in-laws or their own husbands.
"Honor" Killings
In some societies, women are often looked upon as representatives of the honor of the family. When women are suspected of extra-marital sexual relations, even if in the case of rape, they can be subjected to the cruelest forms of indignity and violence, often by their own fathers or brothers. Women who are raped and are unable to provide explicit evidence, are sometimes accused of zina, or the crime of unlawful sexual relations, the punishment for which is often death by public stoning. Such laws serve as a great obstacle inhibiting women from pursuing cases against those who raped them. Assuming an accused woman's guilt, male family members believe that they have no other means of undoing a perceived infringement of "honor" other than to kill the woman.
Domestic violence
Violence against women is a global pandemic. Without exception, a woman's greatest risk of violence is from someone she knows. Domestic violence is a violation of a woman's right to physical integrity, to liberty, and all too often, to her right to life itself. When states fail to take the basic steps needed to protect women from domestic violence or allow these crimes to be committed with impunity, states are failing in their obligation to protect women from torture.
Female Genital Mutilation
Female genital mutilation is the removal of part or all of the external female genitalia. In its most severe form, a woman or girl has all of her genitalia removed and then stitched together, leaving a small opening for intercourse and menstruation. It is practiced in 28 African countries on the pretext of cultural tradition or hygiene. An estimated 135 million girls have undergone FGM with dire consequences ranging from infection (including HIV) to sterility, in addition to the devastating psychological effects. Though all the governments of the countries in which FGM is practiced have legislation making it illegal, the complete lack of enforcement and prosecution of the perpetrators means FGM continues to thrive.
Human Rights Violations Based on Actual or Perceived Sexual Identity
Sexuality is regulated in a gender specific way and maintained through strict constraints imposed by cultural norms and sometimes through particular legal measures supporting those norms. The community, which can include religious institutions, the media, family and cultural networks, regulates women's sexuality and punishes women who do not comply. Such women include lesbians, women who appear "too masculine," women who try to freely exercise their rights, and women who challenge male dominance. Lesbian women, or women who are perceived to be lesbian, experience abuses by state authorities in prisons, by the police, as well as private actors such as their family and community. Numerous cases document young lesbians being beaten, raped, forcibly impregnated or married, and otherwise attacked by family members to punish them or "correct" their sexual identity. Lesbians in the United States face well-founded fears of persecution by police because of their sexual identity and violence against lesbians occurs with impunity on a regular basis.
Gender Based Asylum
The UN High Commission on Refugees advocates that "women fearing persecution or severe discrimination on the basis of their gender should be considered a member of a social group for the purposes of determining refugee status." (Guidelines on the Protection of Refugee Women) Such persecution may include harms unique to their gender such as, but not limited to, female genital mutilation, forcible abortion, domestic violence that the state refuses to act on and honor killings. However, women seeking asylum in the United States rarely gain refugee status based on claims of gender-related violence, as U.S. asylum adjudicators apply a restrictive interpretation of the international definition of a refugee entitled to persecution. In particular, lesbian women seeking asylum from sexuality-based persecution in their countries of origin often, and legitimately, fear disclosing their sexuality to authorities.
The Problem of Impunity
Perpetrators of violence against women are rarely held accountable for their acts. Women who are victims of gender-related violence often have little recourse because many state agencies are themselves guilty of gender bias and discriminatory practices. Many women opt not to report cases of violence to authorities because they fear being ostracized and shamed by communities that are too often quick to blame victims of violence for the abuses they have suffered. When women do challenge their abusers, it can often only be accomplished by long and humiliating court battles with little sympathy from authorities or the media. Violence against women is so deeply embedded in society that it often fails to garner public censure and outrage.
