Rao V.B.J. Chelikani
Human Rights are not limited to protection against violations by the State; above all, they encompass the rights of others that each individual is morally and socially obligated to promote and respect of all human beings, both near and far. Effective promotion of Human Rights, therefore, requires continuous self-education as well as the education of others in the society. In the whole globalised world, not merely in individual nations, the human beings are currently experiencing profound social turbulence, political violence, and suffering. These challenges are arising from mainly persistent power struggles among political States, which continue to generate conflicts and wars affecting people everywhere.
The Upanishads emphasise the fundamental idea that every human being possesses divine essence by birth and is therefore deserves respect in all human relations. Despite this rich cultural heritage, many social institutions, such as the family, religion, professional structures, and political systems, often subordinate the individual liberties and rights to national glory, institutional stability, political continuity, and to entrenched social hierarchies. These obsessions result in institutional violence, perpetuating power struggles, conflicts, and individual hatred and acts of violence, thereby obstructing harmonious social progress. As a reaction, some militant groups, often driven by sincere intentions, resort to revolutionary movements; however, these efforts have frequently culminated in further violence and authoritarian regimes.
To foster harmonious and progressive social change and sustainable human development, it is essential to cultivate human relationships grounded in mutual trust, respect, love, affection, and spontaneous solidarity. These resources are abundantly available in the heart of every human being. In an environment, where they are freely expressed, they would ignite peaceful cooperation and promotes reconciliation and accommodation in times of differences and disputes. The humans are perfectible, though perfection in human behaviour cannot be expected so soon. Better understanding of mutual weaknesses and unfailing pursuit of amicable solutions should prevail. The reciprocal recognition of human rights constitutes both a social responsibility and an ethical imperative. It underscores the inseparable relationship between the assertion of one‘s own rights and the obligation to respect those of others. The thesis of asserting the workers rights as the basis for social change has failed conclusively. These principles form a core component of Human Rights education.
In South Asian countries such as Bangladesh, Nepal, and Sri Lanka, Generation-Z has already begun expressing dissatisfaction with existing political governance structures, albeit often without a clearly articulated vision for the future. Born approximately between 1997 and 2012, Generation Z follows the Millennial generation and precedes Generation Alpha. Often described as ―digital natives‖, they are living immersed in digital technologies that significantly shape their communication patterns, pragmatic worldview, engagement with socio-political issues, and perspectives on governance.
In this context, the United Nations has designated the fifth phase (2025–2029) of the World Programme for Human Rights Education to focus on children and youth, with the objective of fostering a general culture of human rights. The initiative aims to equip young people with the knowledge, skills, and peaceful attitudes necessary for responsible social actions. In an increasingly complex digital environment, awareness of online rights and responsibilities, freedom of expression, including non-discrimination, and social accountability are particularly crucial. Such education empowers youth to resist harmful content, stereotypes, online violence, and addictions of all kinds.
Human Rights Day, observed on December 10, should be a powerful reminder that lasting peace and sustainable development are only possible when the rights and dignity of every individual are protected.
There is nobody else, other than the civil societies to play a central role to empower people with the knowledge, skills, and values needed to challenge violations, violence and injustices by any social institution or state authorities. When learners understand their rights, and also the responsibilities that accompany them, they become active participants in building egalitarian, peaceful, open and inclusive societies. Human Rights Day should help us encourage schools and communities to integrate human-rights principles into teaching, dialogue, and civic engagement. Further, many more civil society movements and organisations are needed to help the citizens to acquire the capacity to assert their political, economic, social and cultural rights as well as a new generation of collective rights, such as Right to Peace and Right to Development for all, which preoccupation can no longer be left to the discretion of political institutions and politicians. Only civil societies can carry out this mission, and this fact the UN-related bodies have very well recognised long time ago.
The State and Human Rights
A state is one of several organisations formed by the people, and it is primarily a political organisation, which, nevertheless, was the most important one in the past. However, the state is not the people; the state does not own the people. It has been recognised as a sovereign authority entitled to govern its population within its borders without external intervention only since the Treaty of Westphalia in Europe in 1648. Since the purpose of the state is to ensure that the rest of the organisations in society respect the fundamental human rights of its members, it also should accept some higher body to oversee that the state itself does not violate these fundamental human rights. The past absolute right of a state over its people is now subject to the appreciation of the UN General Assembly.
The state must, therefore, recognise that the human beings have certain natural rights: the right to live, to express themselves, and to move freely. Especially in a democratic state, the government has a fundamental obligation to respect all human beings equally and to protect all of their basic rights. However, since the state is endowed with political power and coercive force, its operators and governments are permanently tempted to become authoritarian and violate fundamental human rights of its citizens.
A. Each state, unwilling to settle its border disputes with other states by diplomacy or by arbitration, tries to become more powerful militarily than the other state and impose its will. It uses half of the tax money of the people for shopping arms, and recruits soldiers as cannon fodder for their wars against other states. Hence, India should drag the disputing neighbouring states to the International Court of Justice (ICJ) in the Hague to settle border disputes once and for all.
India has accepted ICJ jurisdiction, though with many specific reservations and in select contexts only.
B. The International Criminal Court (ICC), a permanent court established by the Rome Statute in force since 2002 is to prosecute individuals (not states) who had the authority to commit genocide, crimes against humanity, war crimes, and aggression.
Though India has not been a party to the Rome Statute of the ICC in order not to undermine its sovereignty in 1998, now, it should ratify the Rome Statute and recognise ICC jurisdiction over its nationals, like many other states.
Universal Declaration of Human Rights After witnessing the two World Wars, several humanists, such as Eleanor and Franklin Roosevelt (USA), René Cassin (France), John Peters Humphrey (Canada), Charles Malik (Lebanon), Peng Chun Chang (China), Hansa Jivraj Tarnaka Times –January-26 Page 3 Mehta (India), Lakshmi N. Menon (India), Carlos Romulo (Philippines), Hernán Santa Cruz (Chile), and Julian Huxley (UK) drafted in 1948 a global ethical and political Charter listing 30 human rights for all people. Despite this, even in 2025, according to a report by the Armed Conflict Location and Event Data (ACLED), an estimated 83 crore people—roughly 10% of the world‘s population, or one in six people—are directly exposed to conflict, though no fault of theirs, and are often targeted by states.
Thus, the Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly on 10th December 1948, is a non-binding international document that sets out the basic human rights that states should protect for all people. These rights apply to all human beings, irrespective of nationality. The UDHR is a guiding framework for universal human rights law and international humanitarian law. India, as a founding member of the United Nations, strongly supported the UDHR. Since then, many international treaties and national constitutions have been inspired by it and have been signed by all governments and ratified by their parliaments. The Indian Constitution, drafted between 1947 and 1949, was significantly influenced by global human rights movement.
International Human Rights Framework and Indian Position
The UN Human Rights Council has 47 members, elected by the UN General Assembly for every three years on the basis of regional rotation. The present Council, effective from 1st January 2026, includes India.
However, India has not accepted most Optional Protocols, including: First Optional Protocol to the ICCPR (individual complaints) and Article 22 of the Convention Against Torture (CAT). As a result, Indian individuals cannot directly petition UN treaty bodies, thereby limiting India‘s international accountability.India‘s continued reluctance to accept individual complaint mechanisms contrasts with its constitutional commitment to enforceable fundamental rights; its aspiration for a permanent, veto-holding seat on the UN Security Council and its global image as a democratic leader of the Global South. Now, since India is under stable political conditions, existing reservations merit reconsideration. Therefore, to strengthen India‘s human rights framework and global credibility, the GoI should consider:
1. Ratifying the First Optional Protocol to the ICCPR, enabling individual access to the UN Human Rights Committee;
2. Ratifying the Convention Against Torture (CAT) and accept its individual complaints mechanism;
3. Withdrawing or reviewing restrictive reservations to international human rights treaties;
4. Enhancing cooperation with UN Special Procedures, including Special Rapporteurs and Working Groups; and
5. Strengthening domestic human rights institutions by ensuring adequate resources and follow-up on NHRC and SHRC recommendations.
Remedies Available to Indian Citizens
1. Engage with UN Special Procedures: These include independent experts, special rapporteurs, and working groups under the OHCHR. Even if a country has not accepted individual complaint mechanisms, individuals or NGOs can submit information regarding human rights violations. These mechanisms may generate public pressure, issue reports, or send communications to the state.
2. Advocacy and international attention: Submitting detailed evidence to UN Special Procedures or collaborating with human rights NGOs can help highlight violations internationally, even in the absence of formal complaint mechanisms.
3. OHCHR Submissions:UN Treaty Body Online Petition System: https://petitions.ohchr.org Petitions and Urgent Actions Section (PUAS):urgent-action@ohchr.org (for immediate risk) OHCHR, Palais des Nations, CH-1211 Geneva 10, Switzerland. Tel: +41 22 917 9220. Email:ohchr-infodesk@un.org : www.ohchr.org
Constitutional and Institutional Safeguards
1. Fundamental Rights in the Indian constitution are legally enforceable guarantees, especially relating to equality, freedom, and protection against exploitation through Judicial Review and Public Interest Litigation. They reflect the values of the UDHR fully. These rights are enshrined in Part III (Articles 12–35) of the Constitution and are justiciable, meaning that individuals can approach the courts if these rights are violated (Articles 32 and 226). The Directive Principles of State Policy, Part IV of the Constitution, outline the fundamental duties of the state. The High Courts and the Supreme Court are playing a vital role in safeguarding the rights of Indian citizens.
2. National Human Rights Commission (NHRC) and State Human Rights Commissions (SHRCs)
2a. Telangana State Human Rights Commission (TGHRC): It investigates human rights violations in Telangana under the Protection of Human Rights Act, 1993. Contact: TGHRC, Gruhakalpa Complex, M.J. Road, Nampally, Hyderabad – 500001.Tel: 040-24601572. Email: officeshrc@telangana.gov.in
2b. Other States:Details can be found on the NHRC website: NHRC/SHRC section.
3a. National Consumer Disputes Redressal Commission: Upbhokta Nyay Bhawan, ‗F‘-Block, GPO Complex, INA, New Delhi – 110023, Phone: 011-24608724 (Registrar‘s office) Email: ncdrc@nic.in : https:// www.ncdrc.nic.in/
3b. National Consumer Rights Commission (NCRC), a Non-Government Organization (NGO) #1439,Old Court Compound, Kashmere Gate, Delhi –110006,indiaconsumers.org Email: Chairmantncrc22@gmail.com +91 80194 93415
4. The National Commission for Women (NCW) is a statutory body: Plot No. 21, Jasola Institutional Area, New Delhi – 110025. Helpline for Violence Against Women (24×7): 14490 NCW Helpline: 7827-170-170, Customer Care +91-11-26942369/ 26944740/ 26944754 /26944805 /26944809 Email (General): ncw@nic.in cdn.ncw.gov.in
5. The National Commission for Protection of Child Rights (NCPCR) is a statutory body established in March 2007 under the Commission for Protection of Child Rights Act, 2005.
The Commission monitors implementation of the Juvenile Justice Act, the POCSO Act, and the Right to Education Act. Contact: 5th Floor, Chanderlok Building, 36 Janpath, New Delhi –110001 Phone: +91-11-23478200.Email: ncpcr.gov.in/ https:// www.ncpcr.gov.in
Online complaint mechanisms: e-Baalnidan through their website.
Conclusion:
India possesses a strong constitutional foundation and a long history of engagement with international humanist and human rights norms. To justify its universal mission and global leadership, India must bridge the gap between commitment and effective enforcement, without yielding to the temptation of authoritarianism. Accepting international complaint mechanisms would not weaken its authority; rather, it would reaffirm India‘s democratic nature, accountability, and ethical authority on the world stage.
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