HUMAN RIGHTS REDRESSAL MECHANISM

By

                                    HUMAN RIGHTS REDRESSAL MECHANISM

    The effectiveness of any legal system is determined by its ability to "enforce" the laws and norms that emerge from it. The law related to intimate human rights is no different. However, the manner in which international human rights treaties are enforced is different from the manner in which doses be laws are enforced. For international treaties, countries come together and agree to abide by the terms, conditions, and responsibilities that they have agreed to by consensus.

     There is no international police force to monitor countries' compliances with the obligations they have accepted under various Imam rights treaties. Besides the International Criminal Court, which deals with very specific crimes, and the International Court of Justice (OC), which deals only with disputes between states, there is no other international court where individuals may pursue perpetrators for violations of human rights. 

    The issue of "international enforcement" is controversial and highly resisted by many states. While the United Nations has been successful in setting standards on many human rights issues, its establishment of mechanisms, institutions, and procedures to ensure effective enforcement is an ongoing effort, as it largely depends on the consent/will of states. Every UN Member State is a party to one or more of the major human rights treaties. Treaty Bodies are monitoring mechanisms established under various human rights treaties to ensure that countries fulfil their treaty obligations. Most human rights treaties have three systems to implement their obligations.

           A. Reporting System

           B. Inter-state Complaint System

          C. Individual Complaint System

                    Periodic reports are reports submitted by each party to the treaty body established under the treatise that they have ratified. All ratifying states are under an obligation to submit periodic reports, stating in detail their compliance with the treaty provisions. These include domestic legislative, administrative, and other measures, services provided, the budget allocated, and statistics and other data indicating such compliance. Each treaty has provisions with regard to the submission of periodic reports. General Comments/Recommendations: provide the treaty bodies' interpretations of the contents of specific articles. The General Remarks Recommendations clarify ambiguities that may exist in the treaty that could hinder the implementation of specific articles of a treaty.

     They play a significant role by providing authoritative interpretations of various provisions in the treaties. For example, while CEDAW does not expressly mention violence against women, the Committee for the Elimination of Discrimination against Women affirmed, through General Recommendation, that gender-based discrimination is a form of personal disqualification as it is violence which is "directed against a woman because she is a wean Conchsling GemmentsObservations made by the treaty bodies with regard to the fulfilment of treaty obligations are helpful to ensure the implementation of the treaty. The report is prepared after the treaty body has received and reviewed the periodic and shadow reports and has heard the representation with regard to a country's fulfilment of treaty obligations. 

    The Concluding Comment worked as a directive to the concerned government in highlighting areas for future action. Structure of the National Human Rights Commission. The structure of the NHRC has been provided for in a way slightly different from the person ordained for other statutory commissions in the century. Thus, as per the provisions of the PHRA, 1 the NHRC consists of a Chairperson and four other members with definite qualifications stipulated for each of them. Hence, while its Chairperson needs to be a former Chief Justice of India, ef its member again needs to be of judicial background-one sitting or former judge of the Supreme Court and the other a siming of former Chief Justice of a High Court.

     As per the Act, the other two fall time member of the Commission should be "persons having knowledge of, or practical experience in, matters relating to human rights:" Apart from that, the NHRC is to have the Chairpersons of three other National Commission, namely, the National Commission for Minorities, the National Commission for Women and the National Commission for Scheduled Castes and Scheduled Tribes, as its ex-office members in order to provide for a focused and balanced perspective in the functioning of the NHRC in matters relating to de minorities, women and the SCs and STs.

     lIn addition to the membership of the Commission, the Act also made provisions for two statutory administrative offices in the Commission, viz, the Secretary-General and the Director-General (Investigation) to afford adequate administrative support so that the functions of the Commission are carried out in an impartial and efficient manner, Thus, the structure of the NHRC appears to be provided for with the objective of ensuring its autonomy on the one hand and distributing administrative capability to its functioning on the other. (Oopalaswamy: 2000, 13) A look at the structure of the Commission demonstrates a number of typical features peculiar to the NHERC as compared to other such commissioners existing in the country.

     (Chakrabarty and Pandey:2008,217-220) Finally, as out of five full-time members of the Commission, the positions including that of the Chairperson have been reserved for the members of the higher judiciary, the structural orientation of the Commission appears to have become somewhat legalistic whereby the problems of the violation of Human rights would tend to be seen from the jurisprudential perspective rather than in the context of the prevailing socio-economic and cultural circumstances in the country.

     In over words, the cases of the human rights violations should supposedly be taken up by the Commission not just with the objective of handing down a definite verdict holding somebody guilty of the crime but also with the purpose of going down deep into the probable reasons for the commitment of such crimes so that subtle and permanent smell meases award be suggested in order to check the recurrence of such cases. however, such a possibility seems to be remote with a body consisting predominantly of the people in the habit of delivering the final verdict rather than looking at the causes and circumstances of the particular case.

           Secondly, the precision that site judges may be appointed to the NIRC with the coot of the Chief Justice of India does not seem to go, either in theory or practice, with both the health of the Commission and the independence of the judiciary. The appointment of a sitting judge to the Commission might in all probability lead to a kind of friction amongst the members of the Commission as the sitting judge may supposedly cag more weight in comparison to the other members which may not prove good for the health ef the Commission.

     Similarly, the appointment of such a joke to the Commits gets a price on the independence of the judiciary as the provision only be used both as a carrot as well as a stick by the government in the course of time. Thankfully, therefore, the government has desisted from appointing any singing judge as a member of the Commission, making the provision reduced so that it may die a natural death it kindly, in contrast to the two negative features of the structure of the Commission, welcome provision pears to be the methodology of the selection of the Chairguan and the members of the Commission As Iaid down in the Aet, the appointments to the Commission would be made a Committee under the headship of the Prime Minister and consisting of the Union Home Minister, Speaker of the Lok Sabha, Deputy Chairperson of the Raju Sabha and the leaders of Opposition in both the houses of the Parliament. 

    Such a seemingly impartial method of the climatisation of the Commission is particularly praiseworthy due to the fact that India is a plural country with a high degree of political discord and a lack of unanimity amongst the political leaders as to what constitutes the violation ef human rights, seed to have de participation of the opposition leaders so that the appointment to the crucial body like the NHRC which is bestowed with investigating and suggesting remedial steps in the cases of the violations of human rights, should be made in such a manner that it remains above the board in the political discourse of the country and discharges its functions as impartially as possible, inspective of the claims and counter claims of various sections of the people.

      

Comments

Post a Comment

Popular posts from this blog

By
Image
                                            JOHN MILTON John Milton   (9 December 1608 – 8 November 1674) was an English poet, pamphleteer,and historian,   polemicist,   man of letters, and a civil servant for the   Commonwealth of England   under   Oliver Cromwell. He wrote at a time of religious flux and political upheaval, and is best known for his   epic poem   Paradise Lost   (1667), written in   blank verse. He is considered the most significant English author after   William Shakespeare Milton's poetry and prose reflect deep personal convictions, a passion for freedom and self-determination, and the urgent issues and political turbulence of his day. Writing in English, Latin, Greek, and Italian, he achieved international renown within his lifetime, and his celebrated   Areopagitica   (1644)—written in condemnation of pre-publication censorship—is among history's most influential and impassioned defences of free speech and freedom of the press. Milton is best
Read more

KINDLY ADJUST TO OUR ENGLISH -Shashi Tharoor

By
KINDLY ADJUST TO OUR ENGLISH                                                                                     -Shashi Tharoor         He is the Indian national Congress MP Thiruvananthapuram. He is the Author of 23 books, Ex- minister of stat e, government of India and Former under Secretary General, United Nations. He outlines the key of elements of a possible peace in Ukraine and urges UN Secretary-General to give a call to the warning nation to stop the war. He plays his part in bringing the needless suffering and destruction to an end. His ideas on the way English is used in this country are helpful to the English learning persons.            Indian English is a result of the British colonization of India which lasted more than 200 years. Officially, Indians follow the rules of British English grammar but there are a lot of differences in the way Indians speak English. A little over 108 of Indians speak English. There is diversity among Indian English speakers due to cultu
Read more
By
Image
JOHN KEATS                                                                             John Keats was an English Romantic poet. He was one of the main figures of the second generation of romantic poets along with Lord Byron and Percy Bysshe Shelley , despite his work only having been in publication for four years before his death.            Although his poems were not generally well received by critics during his life, his reputation grew after his death, so that by the end of the 19th century he had become one of the most beloved of all English poets. He had a significant influence on a diverse range of later poets and writers. Jorge Luis Borges stated that his first encounter with Keats was the most significant literary experience of his life.           The poetry of Keats is characterized by sensual imagery, most notably in the series of odes. Today his poems and letters are some of the most popular and most analyzed in English literature. CHARACTERISTIC
Read more