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Development of Education System
Notes • The Chart of Ratification of International Instruments, provided by the United Nations,
should ideally form the corpus of international customary law, applicable in all democratic
countries. Once an instrument is ratified a signatory is bound to bring in laws that conform
to United Nations standards.
• The National Human Rights Commission (NHRC), established under the Human Rights
Protection Act of 1993, provides a lens through which the situation can be better understood.
• According to the Statement of Objects and Reasons of the Human Rights Protection Bill,
the NHRC would review the existing laws, procedures, and the system of administration,
and emphasize that India is a party to the International Covenant on Civil and Political
Rights (ICCPR) as well as the International Covenant on Economic, Social and Cultural
Rights (ICESCR).
• "Human rights", as defined in the sub-clause (d) of Clause 1 of the Human Rights Protection
Act of 1993, is extremely restrictive and does not adhere to the international instruments;
so restrictive, in fact, that it goes against the very spirit of the Universal Declaration of
Human Rights.
• Section 37 of the Protection of Human Rights Act, 1993 empowers the Government to
constitute one or more special investigative teams consisting of such police officers as it
thinks necessary for the purpose of investigation and prosecution of offences arising out
of violations of human rights.
• A State Government may constitute a body to be known as the ....................... (name of the
State) Human Rights Commission to exercise the powers conferred upon, and to perform
the functions assigned to, a State Commission under this chapter.
• The functions of the SHRC include considerable scope and range of the functions envisaged
for the Commission under sec 12 of the Act, "all or any" of which except what is stated
under clause (f) of the section relating to treaties and other International instruments on
Human Rights which can be dealt with by the National Human Rights Commission only,
are to be performed by this Commission. These functions are to:
(a) inquire suo motu or on a petition presented to it, by a victim, or any person on his be
into complaint of
(b) Intervene in any proceeding involving any allegation of violation of human rights, per
before a Court with the approval of such Court.
(c) visit under intimation to the State Government, any jail or any other institution under
the control of the State Government where persons are detained or lodged for purposes
of treatment, reformation or protection to study the living conditions of the inmates and
make recommendations thereon.
(d) review the safeguards provided by or under the constitution of any law for the time
being in force for the protection of human rights and recommend measures for their
effective implementation.
• Protection and promotion of human rights constitute the principal concern of the
Commission. Pursuant to this objective, the Commission is committed to discharge its
functions assigned to it under the Act with transparency and autonomy.
30.7 Keywords
• Universal : Done by or involving all the people in world or true or right at all times
and in all places.
• Declaration : A statement about sometimes officially or publicly.
• Solidarity : Support by one person or group of peoples for another because they
share feelings, opinions aims.
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