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The National Human Right Commission An Enforcement Mechanism Of Human Right In India

Why was it is required to safeguard the basic right of human in our society? every individual working for day-to-day operation to sustain a healthy lifestyle and to cover the basic requirements of his own and his Family. human work continuously for more than 10-12 hours a day to full fill their needs without consent about the impact of work pressure on their body, simply to run for there goals and dreams.

Our country does not prohibit any individual to work more than 8hrs a day, in similar any other country which could be developed or developing prohibit an individual to work more than the time prescribed by the government of that country i.e. 40-50 hrs a week simply to sustain the health of there citizen that do provide a longer life span in comparison to others. so, it's become mandatory for a country to build some guidelines for the rights of an individual for which in INDIA a Human Right Commission was made for the welfare of individual or in lighten every individual about there basic right allotted by the government of India.

Importance of fundamental right:
If we talk about the importance of the fundamental rights so they are very essential for the existence of human civilization. These rights protect the liberty and freedom of the citizens against any invasion by the state. The fundamental right to Privacy or the Right to Health - both of which are guaranteed under Protection of Life and Personal Liberty enshrined under Article21 of the Indian Constitution and can both co-exist without clashing?

The primary question being raised by the supporters of 'Right to Privacy' is- what the government plans to do with the data being collected through the app. Even though the app talks about where the data will be stored and how long the data will be maintained, what is ambiguous is who all can have access to this data.

Under Article 21 of the Indian Constitution, the right to shelter, growth, and nourishment are mentioned. Because it is the bare necessity, minimum and basic requirements that are essential and unavoidable for a person for the right of life.

Human Rights In India

A society is form in India for the welfare of the rights own and govern by an individual and to safeguard the same rights to be misused by some other person. For the reason of same the government had built a separate organization for the welfare of the human rights and to check whether no exploitation of any individual rights is being into practice.

It is an issue complicated by the country's large size and population, widespread poverty, lack of proper education, as well as its diverse culture, despite its status as the world's largest sovereign. Due to large and versatile population; the knowledge of an individual about their own fundamental rights is lacking behind. So, the government took initiative to build a separate organisation only for the functioning to safeguard the basic human rights across our county and even to spread literacy about fundamental rights of an individual in year 1993 by introducing 'National Human Rights Commission of India'.

In 1993 this society is form for a basic motive of the statute under which it is established is the Protection of Human Rights Act (PHRA),1993 {amended by the Protection of Human Rights (Amendment) Act, 2006.}

it is a social influence with the Paris Principles, adopted at the first international workshop on national institutions for the promotion and protection of human rights held in Paris in October 1991, and endorsed by the General Assembly of the United Nations by its Regulations on 20th December, 1993. With a clear motive to provide with quality of life, liberty, equality and dignity of the individual guaranteed by the Constitution of India.

The first executive member of N.H.R.C was appointed on dated 12/10/1993 was Justice Ranganath Mishra till now twenty six different members were appointed as an executive, the common criteria which had been seen among all the 27 member is they are retired from the position of Chief justice of India and
In 2021 the current executive member is Justice Arun Kumar Mishra.

Need's Of Human Rights

Human rights are needed to protect and preserve every individual's humanity, to ensure that every individual can live a life of dignity and no one should be abused or discriminated against, and because everyone should have the chance to develop their talent or to work on odd situation.

The need of Human Right is required across the globe; whether Developed or developing every country need to build laws to safeguard the basic requirement or fundamental rights of our individual. In India Several section was only built to govern fundamental rights of individual under Indian Constitution which are as followed:
  • Right To Freedom U/S 19 – 22:

    ever individual who is a citizen of India and at sustain a mature age was permitted by this code to travel anywhere in the country without any prior notice to any individual or to any government body. No one can restrict any individual to enter any place or places which maybe not the place of worship of that individual.
     
  • Right To Freedom Of Religion U/S 25-28:

    Any individual can practice one- of any religion which he may found suitable or best fit-with after attaining above 18+ until court found a reason of specific case;

    Illustration:
    If in India a child have took birth in a family where Islam is practiced as a religion from the duration of there great grand father or more , As the time passes by the fourth or fifth generation were now son or daughter of the family after or before marriage ⚭ can practice some other form of religion that complect there empty wilfulness were entitled to practice any religion which is suitable for them under this.
     
  • Right To Equity U/S 14-18:

    It come on the solder of court in behalf of State government to protect every individual without discriminating on individual equity , even non-citizen of India in the geographical bounder are under the protection of the government.

Forms Of Human Right Commission

The basic motive behind formation of such government organisation is to maintain public welfare by providing individual equal respect without discriminating on colour, religion or creed. It is mandatory to maintain a separate organisation working only on the matter of right of an individual if falsely fooled, by any person or state itself. So the government on research of several year divided this organisation into three basic structure:
  • Civil And Pollitical Right:

    Every individual who is a citizen of India have free power to use his political right or status and right to be a part of the country and are in protection of the government of India , individual are free to disclose there wealth or salary as they are free to use there respected rights anywhere across India as no prohibition to any person nor restricted to go to public places neither prohibited from any government work.
     
  • Economic Social And Cultural Right:

    A huge responsibility is played by the economical rights of an individual as those rights are directly make or impact on the wealth of an individual. To make a country from developing to developed every individual wealth is a major in process of development. On the same hand no individual can object other individual or force to practice any other religion which he may not born with, having control over someone's mind is violation of the fundamental rights.
     
  • Solidarity Right also.

Working Structure Of Human Right Commission

This particular organisation is not based only for the violation oh human right but also took several other remarkable gestures which held to aware the poor or illiterate person who believe only on the money is earning by him on daily routine, for them the government made bold step or took a leader to cover the difference of communication among those citizen of India as no other person have right to decide for an individual.

Illustration:
If a girl child was born inside a brothel and till the age of maturity lives in the same premises as brothel, so her right were still unknow to her has people around her never instructed her basic right whatever she is getting she assumed its her only right.

Section 12 Of Protection Of Human Right Act:

It supply power to this commission to investigate a particular case with a basic criteria to safeguard someone right from being violated for this purpose the commission as suitable time by time ask victim to come and provide information on more needs of the society or to regulate regular information about human rights.

This commission have direct power to enter in a case were allegation such as violation of human right is found ,if the accused is in custody by the permission of the government they can visit the jail premises for the relocation or reformation of an individual and do several government programs to motivate other non-government organizations to promote the human right laws to each and every individual.

Conclusion
We do here can speak as denoting the last parse if this assessment do hear by state that the need to know about the basic rights of every person which are any benefited for the up-coming generation to maintain those rights as a base of their foundation.

The prescribed organisation is continuously involved in upbringing every individual right to them in proper knowledge and were also awarding those non-government organisations involved in the awareness program without government action.

We now conclude by these statements that the need is more than expected in initial stage.

End-Notes:
  1. Human Rights laws in India
  2. Human Rights Violation
  3. National Human Rights Commission (NHRC)
  4. Human Rights And Judicial Endeavour For Its Protection
  5. Recommendations Of State Human Right Commission Are Legally Enforceable, Binding On Government/Authorities

 

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