HRE in India - a vintage point



Dear Colleagues,

Today education is one of the most important functions of State and local 
governments. It is required in the performance of our most basic 
responsibilities. It is the principal instrument in awakening the human 
beings to cultural values, non-judgementalism, tolerance, and in preparing 
them to adjust to complex environments where rights and duties cooperate. 
There is growing consensus that education in and for human rights is 
essential and can contribute to both the reduction of human rights 
violations and the building of free, just and peaceful societies.  Human 
rights education (HRE) is also increasingly recognized as an effective 
strategy to prevent human rights abuses.

To receive HRE is also a human right to which everyone is entitled to by 
virtue of being a human being. In the present Indian society poor people 
have been ignored as far as education is concerned. They too are entitled 
to HRE so that they become aware of all the rights to sustain a life, full 
of dignity.

The irony of our times is that on the one hand we have a human rights 
jurisprudence which has reached its peak of glory and on the other we see 
human rights violations all around and this keeps happening in newer and 
newer forms-ethnic, displacement from homeland, etc. to name a few.

Last decade was dedicated to the concept of Education For All and it 
primarily focused on access to education. However, after a decade of 
action, the results show that access to education is not enough. More than 
that a right to access education, each person has a right to participate in 
a quality education. There is growing consensus that education in and for 
human rights is essential and can contribute to both the reduction of human 
rights violations and the building of free, just and peaceful societies. 
Human rights education is also increasingly recognized as an effective 
strategy to prevent human rights abuses.

HRE is stressed in all human rights documents as ?an essential contribution 
to the development of a global human rights culture?.

Universally, HRE is defined as training, dissemination, and information 
efforts aimed at building a universal culture of human rights by imparting 
knowledge and skills, and moulding attitudes. This kind of education is 
needed to identify and eliminate from the school system all that is 
prejudicial to the human rights. Moreover, it would lay down certain 
guidelines to translate conceptual clarity and focus for each stage.

Under the present conditions of market mechanisms in economy, the greatest 
part of the society considers it impossible to achieve rule of law and form 
a civil society without creating new ideology, which should combine revival 
or our national ideals with the universal democratic values. Just Human 
Rights and freedoms represent the main values and fundamental elements of 
rule of law. The strategic line of modern civilization?s spiritual 
development is to consider human rights the supreme value and bring up the 
society to respect and protect human rights. The society which is based on 
violence, hostility and hatred, lacks vitality, it has no prospects. Since 
the adoption of the Universal Declaration on Human Rights in 1948 UN and 
UNESCO constantly appeal to the governments of different countries to give 
more information about human rights in the society, spread various 
international documents in primary and secondary educational institutions.


Judicial response in India

The Constitution shapes the country?s concept of human rights. The 
Preamble, Fundamental Rights, Fundamental Duties, and Directive Principles 
of State Policy are concrete steps toward the realization of human rights. 
There are various provisions in the Constitution of India that provide for 
implicit right to HRE. Article 21 incorporates right to live with human 
dignity. When humane treatment is guaranteed in the Constitution then 
awareness of human rights follow suo moto. Constitution being the supreme 
law of the land guarantees that no body shall be deprived of his right to 
life and personal liberty. The need for a continuing and well-organized HRE 
is absolutely essential in view of new trends in the world order to meet 
the ever-growing challenges. It can be done only when people at large are 
informed of the existing provisions by way of HRE as a separate subject in 
the curriculum. Knowledge of human rights will broaden the mind of young 
students and will inculcate the feeling of brotherhood and humanity among them.

A number of measures have been taken in the field of environment, realizing 
its effect on all levels of human life. A similar approach in the field of 
human rights would enhance the process of incorporating human rights 
awareness in our day to day activities.

The Hon'ble Supreme Court in M.C.Mehta Vs. Union of India & others (1992)
1 SCC 358 issued directions to enforce as a condition of licence of all
cinema halls and video parlours duty to exhibit free of cost at least two
slides/messages on environment in each show undertaken by them and to make
environment a compulsory subject in school, colleges and universities for
general growth of awareness.

In M.C.Mehta Vs. Union of India & others   2003 SOL Case No. 865
The Hon'ble Supreme Court directed the States and other authorities to 
create environmental awareness among the students through the medium of 
education ordered to be strictly implemented under the supervision of the 
state authorities. The agencies (NCERT) were also directed to prepare a 
module syllabus to be taught at different grades providing for 
environmental awareness.


When we can have environment studies as a compulsory subject in the 
curriculum then why should we not have human rights education?


International and national interventions

*	The 1978 International Congress on the Teaching of Human Rights and the 
1993 Vienna Conference called upon UN member states to introduce human 
rights education at all levels of education.

*	READ (Rehabilitation Education and Development) Centre is a grass-roots 
non-governmental organization (NGO) promoting participatory development 
since 1984.READ had pioneered in health, human rights education, 
environmental protection, and economic development in Huliyar and 
Handanakere, Tumkur district, Karnataka, South India.
       READ has the following general objectives:
-	Educate, motivate, and organize community-based organizations (CBOs) to 
strengthen their long-term goals for holistic development.
-	Train and upgrade skills of community leaders, especially women and 
youth, in articulation, legal awareness, education, and local governance.
-	Establish appropriate CBOs for women to improve their economic and social 
identity through micro credit and self-help group management.
-	Share and promote indigenous learning and research methodologies to 
improve skills and capacities through participatory rural appraisal and 
allied subjects on development approaches.

*	The World Congress on Human Rights in Delhi, 1990, urged that human 
rights education be understood as encompassing formal, non formal, and 
informal education systems, and also reach parents and policy makers. It 
aimed to develop awareness of how to translate human rights into social and 
political reality.

*	The General Assembly also stated in its Resolution 48/127 of 20th Dec 
1993 that "Human Rights Education involves more than providing information 
but rather it is a comprehensive life-long process by which people at all 
levels of development and in all strata of society learn respect for the 
dignity of others and the means and methods of ensuring that respect within 
a democratic society." India being the world?s largest democracy should be 
a definite guarantor of the aforesaid.

In the UN Decade of Human Rights Education no concrete step has been taken 
by the governments to incorporate such education so that people become 
aware of the existence of various rights to which they are entitled. India 
is a democratic country and government is of the people, by the people and 
for the people. So government is under an obligation to make the society 
aware of their existing rights for their welfare.

*	National Human Rights Commission:
National Human Rights Commission, which is a unique body in itself which is 
also a body sui generis, created under the Protection of Human Rights Act, 
1993, can operate systematically to influence the depth and breadth of 
human rights education in all walks of life, and act as a coordinating body 
lending weight and credibility to the values underpinning the protection of 
human rights.

Therefore, it is hoped that the importance of the HRE will be realized and 
our country  will be able to overcome the human rights violations.

Over the last five decades, the process of internationalization and 
globalization of the concept of human rights has generated the movement 
"All Human Rights for All." In a complex country such as India, violations 
of human rights at all levels necessitate human rights education at all 
school levels in general and teacher education in particular. Hence, human 
rights education should find its rightful place in the school curriculum, 
teacher training courses (pre- and in-service), textbooks, supplementary 
reading materials, educational policies, and school administration. HRE 
must exert its influence from early childhood education onward and through 
a broad range of disciplines to build a human rights culture.  India even 
after fifty years of legislative functioning has not been able to fill the 
dearth of Human Rights law.

Therefore, the future sounds promising with the greater commitment from all 
sectors. And preparation of a sound, realistic plan of action can help us 
achieve human rights education for all and transform the human rights 
movement into a mass movement to achieve a better social order and peaceful 
coexistence. Indeed, this is one of the greatest challenges in the 21st 
century.


Poonam Verma
Advocate
New Delhi
India
E-mail: poonamthemoon@rediffmail.com



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