What Are Human Rights
What Are Human Rights
Human rights are rights inherent to all human beings, regardless of gender, nationality, place of
residency, sex, ethnicity, religion, color or and other categorization. Thus, human rights are non-
discriminatory, meaning that all human beings are entitled to them and cannot be excluded from them.
Of course, while all human beings are entitled to human rights, not all human beings experience them
equally throughout the world. Many governments and individuals ignore human rights and grossly
exploit other human beings.
Exploitation is the process, condition or result of an individual, group or institution taking unfair
advantage of another usually through coercion, deception or undue influence for their own ends.
In Marxist thought it is withholding from another person, through the market or production process,
what is really his due.
The use of raw materials excessively without considering the long term ecological impacts of such use.
It prohibits arbitrary deprivation of life; torture, cruel or degrading treatment or punishment; slavery and
forced labour; arbitrary arrest or detention; arbitrary interference with privacy; war propaganda;
discrimination; and advocacy of racial or religious hatred.
Political rights give to the citizens the right to equality before law and the right to participate in the
political process. They include such rights as the right to vote and elect representatives, the right to
contest elections, the right to form political parties or join them.
Civil and political rights are a class of rights that protect individuals' freedom from infringement by
governments, social organizations, and private individuals. They ensure one's entitlement to
participate in the civil and political life of society and the state without discrimination or repression.
Political rights give to the citizens the right to equality before law and the right to participate in the
political process. They include such rights as the right to vote and elect representatives, the right to
contest elections, the right to form political parties or join them.
Political rights refer to an individual's ability to participate in the civil and political life of the society and
state without fear of discrimination or repression, and is tied closely to citizenship status.
Political rights are possessed by those persons whom the State permits to share in the legal expression
and administration of its sovereign power.
They give an equal opportunity to the individual, if he is worthy of it, to take part in the political affairs
of his community and influence the policy of his government.
Political rights consist in: (1) the right to vote; (2) the right to be elected and to represent the people; (3)
the right to hold public offices; (4) the right to petition for redress of grievances; and (5) the right of
criticising the government.
Civil rights include the ensuring of peoples' physical and mental integrity, life, and safety; protection
from discrimination on grounds such as sex, race, sexual orientation, national
origin, color, age, political affiliation, ethnicity, social class, religion, and disability;[1][2]
[3]
and individual rights such as privacy and the freedom
of thought, speech, religion, press, assembly, and movement.
Political rights include natural justice (procedural fairness) in law, such as the rights of the accused,
including the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights
of participation in civil society and politics such as freedom of association, the right to assemble,
the right to petition, the right of self-defense, and the right to vote.
Civil and political rights form the original and main part of international human rights.[4] They comprise
the first portion of the 1948 Universal Declaration of Human Rights (with economic, social, and
cultural rights comprising the second portion). The theory of three generations of human
rights considers this group of rights to be "first-generation rights", and the theory of negative and
positive rights considers them to be generally negative rights.
Political rights refer to an individual's ability to participate in the civil and political life of the society and
state without fear of discrimination or repression, and is tied closely to citizenship status. Such rights
include not only the right to vote in an election, but also the rights to join a political party; run for
office; and participate freely in political rallies, events, or protests.
A series of international human rights treaties and other instruments adopted since 1945 have expanded the
body of international human rights law. They include the Convention on the Prevention and Punishment of
the Crime of Genocide (1948), the International Convention on the Elimination of All Forms of
Racial Discrimination (1965), the Convention on the Elimination of All Forms of Discrimination
against Women (1979), the Convention on the Rights of the Child (1989) and the Convention on the
Rights of Persons with Disabilities (2006), among others.
Slavery, forced labor and human trafficking are violations of human rights because these acts strip
human beings of their inherent rights. In fact, the Universal Declaration of Human Rights explicitly
references slavery, stating in Article 4: No one shall be held in slavery or servitude; slavery and the
slave trade shall be prohibited in all their forms.
Slavers and human traffickers grossly violate human rights since they claim ownership, labor and/or the
humanity of another human being. The human rights most relevant to trafficking are:
The prohibition of discrimination on the basis of race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth, or other status;
The right not to be submitted to slavery, servitude, forced labor or bonded labor;
The right not to be subjected to torture and/or cruel, inhuman, degrading treatment or punishment;
The right to the highest attainable standard of physical and mental health;
Many organizations and governments worldwide focus on improving the status of women and girls.
According to the International Labour Organization, 11.4 million women and girls are victims of
forced labor in different forms – including debt bondage, trafficking and forced prostitution. As global
leaders seek to improve the status of women and girls, it’s critical to focus on decreasing women and
girls’ exploitation in forced labor, trafficking and slavery.
When women and girls are enslaved or trafficked, they do not have access to programs aimed at
women’s equality and development.
Trafficked and enslaved women and girls oftentimes do not attend school. Many times these women
and girls are illiterate.
Trafficked and enslaved women and girls face gross sexual violence, whether in forced prostitution,
forced marriage or during forced physical labor.
Trafficked and enslaved women and girls are subject to domestic violence.
Trafficked and enslaved women and girls do not have access to reproductive and maternal health. The
physical and sexual abuse of their exploitation leads to many early pregnancies, forced abortions and
exposure to HIV and other diseases.
Trafficked and enslaved women and girls do not have access to healthcare.
Trafficked and enslaved women and girls often face critical malnutrition.
Trafficked and enslaved women and girls do not have access to anti-poverty programs, micro-loans or
other economic development initiatives, leaving them dependent on their exploiters.
A human rights violation is the disallowance of the freedom of thought and movement to which all
humans legally have a right.
While individuals can violate these rights, the leadership or government of civilization most often
belittles marginalized persons.
This, in turn, places these people in the cycle of poverty and oppression. Individuals who approach life
with the attitude that not all human lives are of equal value then perpetuate this cycle.
Examples:
Contaminating water, for example, with waste from State-owned facilities (the right to health)
Failure to ensure a minimum wage sufficient for a decent living (rights at work)
Failure to prevent starvation in all areas and communities in the country (freedom from hunger).
Directly or Intentionally:
Violations can either be intentionally performed by the state and or come as a result of the state failing
to prevent the violation.
When a state engages in human rights violations, various actors can be involved such as police, judges,
prosecutors, government officials, and more.
The violation can be physically violent in nature, such as police brutality, while rights such as the right to
a fair trial can also be violated, where no physical violence is involved.
If the state does nothing to intervene and protect vulnerable people and groups, it's participating in the
violations.
In the US the state failed to protect black Americans when lynching's frequently occurred around the
country.
Total Violations:
The total number of rights’ violation cases in India lodged by the NHRC reduced from 89,584 in 2018-
19 to 76,628 in 2019-20 and to 74,968 in 2020-21.
According to a report released last year, crimes against Dalits increased by 6% from 2009 to 2018 with
over 3.91 lakh atrocities being reported.
Freedom of Association:
Freedom of Expression:
Several people were arrested under sedition laws for expressing their dissent with government policy
and several Indians were arrested for even posting comments on Facebook.
Recently released report National Family Health Survey (NFHS) 5, points to rising instances of domestic
and sexual violence against women in the state.
It shows that married women, between the ages of 18-49, who have ever experienced spousal violence,
has more than doubled from 20.6 in 2014-15 to 44.5%.
Children's Rights:
National Crime Records Bureau (NCRB) data reveals a total of 1,28,531 crimes against children were
recorded in India last year (2020), implying that an average of 350 such cases were reported each day
during the pandemic.
Way Forward
Achieving a sustainable, practical and effective method of protecting human rights around the globe
that also allows local values and culture to remain intact.
Humans must recognize the beauty of individual differences and attempt to understand each other
before a change can happen.
Starting with the smaller steps, like understanding victims of rape, violence and discrimination instead of
perpetuating a victim-blaming culture, might be more influential than viewing the situation through
such an expansive lens.
Only then will these examples of human rights violations turn into examples of human kindness.
Migration of the tribal population since long has been taking place in different states. Tribal people are
migrating voluntarily from one state to another state in search of work and to earn their livelihood. They
migrate as a poor and indigent person. It has been noticed that the nature and pattern of tribal
migration has been changing during this contemporary period. Between 1950 to 1980, tribal people
migrated from one place to another for doing agricultural labour (Mosse et al., 1997) but in present
scenario (from 1980 onwards) they have started migrating to the cities/metropolitan locations in search
of some gainful employment/casual labour in the unorganized sectors and as household maids for their
livelihood. In recent years it has been noticed that there is a large scale migration of single woman from
tribal areas to cities for earning, which is a subtle change from earlier migration patterns when only the
men migrated to urban centers. Nowadays tribal families are suffering from various kinds of problems
i.e. poverty, unemployment, beggary etc. which lead to drive their unmarried daughters to cities in
search of work. However, single woman and tribal girls fall prey to exploitation not only by employers
but also by anti-social elements
There are numerous factors responsible for migration of tribals in general and tribal women in
particular. Tribal migration is emerging as a dominant form in both rural and urban India. Many studies
reported that large numbers of labourers migrated from 73 one state to another searching for work
every year (Deshingkar et al., 2008). It has been reported high levels of out-migration takes place among
the tribals of hilly, densely forest and remote drought prone regions of Madhya Pradesh. In southern
parts of Madhya Pradesh, 65% of tribal households are included as migrants’ labourer (Mosse et al.,
1997). They have migrated to the neighbouring states to work in industry, seed cotton farms and textile
markets
Most of the studies reveal that the occurrence of tribal migration has undoubtedly been emerging day
by day in the tribal areas of Madhya Pradesh. In development ranking, Madhya Pradesh is recognized as
the least developed state in India. The state is considered as largest tribal population inhabited state.
Tribals of southern parts of Madhya Pradesh consider migration as a long livelihood strategy. The
recruitment of migrant workers is basically organized by the local agents, known as Mukkaddams. They
provide advance cash to the labourers to help their family left behind in the absence of the migrant. The
migrant labour also uses the advance to purchase some needs during their journey. The advance cash
are reimbursed through wages of migrants in installment including commission of local agents. The
duration of installment depends on the amount of advance received at the destination and the wages
they are paid. The agent obligate the recruit migrants to stay together in a common room at the working
locations. They are compelled to live in a surrounding with shelter without easy access to drinking water
and sanitation. Female migrants and children are highly vulnerable to disease, injuries and sexual abuse
in such circumstances. They are exposed to harassment by contractors, police and urban authorities. It
has been found that the migrants are engaged in factories as a labour, working as domestic servants,
bus and truck cleaner, rickshaw pullers, street hawkers, petty traders, construction workers and house
maid workers. Earning is one of the major drivers of tribal migrants in search of paid employment. It has
been reported in earlier study that the internal migration can lead to positive transformation in both
sending and receiving areas (Deshingkar et al., 2006). Migration can help the migrants to reduce their
unemployment, beggary and to halt the slide into poverty. Besides all these, a few negative impact of
migration is there such as social and cultural identity, security, acute dearth of labour and high
dependency ratios in sending areas. On one hand mass migration can lead to worsening poverty of
migrants but on other hand, due to faraway from native place they lack their traditional rights on land,
forest and voice in community decision making process. Migration can also have a negative effect on
collective action and natural resource management.
1. Explain the Human Rights in the ancient, medieval and Modern era
The concept of human rights is not alien to Indian political thinkers and philosophers. The concept is as
old as ancient civilization.
In ancient India, law was based on the principle of Dharma. The Epics � Ramayana and Mahabharata
make us learn that Dharma was ordained for the advancement of all creatures as well as restraining
creatures from injuring one another. The righteousness has been described as the essence of Dharma in
The Bhagwad Geeta. The Upanishads speak of Dharma as the foundation of whole universe. The Vedas
and Smritis talk about the concept of �VasudhaivKutumbakam � (the whole world as one family). All
the four Vedas insist on equality and dignity for humans.
The teachings of Buddha worked effectively for the protection of human rights. The great King Ashoka
had been successful in the creation of a welfare state for his subjects and provided them with basic
freedoms and rights.
Hence, it is very much clear that Ancient Indian Literatures stood for enlarging and encouraging human
rights, freedoms, liberty and equality for all people irrespective of any discrimination based on caste,
creed, gender, sex, religion.
The Medieval period signifies the Muslim era in India. The Pre-Mughal period saw the existence of
social, political, cultural, religious rights. But with the advent of Mughals, the concept of human rights
got lost in the dark. But Akbar's period (1526-1605) showed that the great regard was given to the
social, religious and political rights.
In his religious policy Din-E-Ilahi (divine-religion), he tried to preach the idea of secularism and religious
tolerance. Similarly, various religious movements like Bhakti (Hindu) and Sufi (Islamic) made remarkable
contribution to the emergence of human rights which at times suppressed by the other Mughal
Emperors like Babar, Humayun, and Aurangzeb.
The British rule in India can be seen in the Modern period. During this period, the British Government of
India had not only deprived the Indian people of their freedom but had based itself on the exploitation
of the masses, and ruined India economically, politically, culturally and spiritually.
After witnessing the colonial rule, every Indian was of the firm opinion that the recognition, protection
and implementation of human rights are not only basic but also inalienable for them for leading a
civilized life.
The Preamble, Fundamental Rights, Directive Principles of State Policy, newly added Fundamental
Duties, reservation for scheduled castes and tribes, special provisions for Anglo- Indians and other
backward classes are important constitutional provisions from the human rights point of view.
uman rights are those rights which are fundamental for the survival of people and their life. Human
rights have been instilled in society right from the starting of human civilization. Especially the concept
of ‘वसु धैव कुटु म्बकम्‘ contains the soul of human civilization. The ‘ Rig Veda‘, the oldest document of
the Indians declared all human creatures are equal & respect each other’s human rights. The ‘ Atharva
Veda’ advocated the same thing. In addition to this, ancient India focused on the principle that one
person’s right is another person’s obligation.
Olden Days
The history of human rights covers thousands of years and draws upon religious, social, philosophical,
and legal advancements all through recorded history. Several old reports and later religions and
philosophies included an assortment of concepts that may be considered to be human rights. Eminent
among such archives are the Proclamations of Ashoka issued by Ashoka the Great of India between 272-
231 BC and the Constitution of Medina of 622 AD, drafted by Muhammad to stamp a formal assertion
between all of the noteworthy tribes and families of Yathrib (afterwards known as Medina). Be that as it
may, the thought for the assurance of human rights developed after the awful encounters of the two
world wars.
Earlier to the world war, there was not much codification done either at the national or the international
levels for the assurance and implementation of human rights. Philosophy of human rights had already
occupied a place of prime significance in old Indian Brahmanical society. In ancient India, law, which was
structured on the reasoning of Dharma, did not have much scope for religious discrimination. We learn
from the Mahabharata that dharma was ordained for the progression of all animals as well as for
controlling animals from harming one another.
Within the Bhagavad Gita, honesty has been depicted as the essence of dharma. The Upanishads talk of
dharma as the foundation of the entire universe and through it, one drives away evil. The Vedas and
Smritis have talked highly of the balance of brotherhood e.g. वसु धैव कुटु म्बकम्‘ (the whole world as one
family). All four Vedas insist on uniformity and regard for human respect.
In the entire eighteen Puranas, Vyasa has said two things: doing great to another is right, causing
damage to another is wrong. Whether it is Mahabharata or Arthashastra or Manu Dharmashastra or
Narada, there’s a great accentuation on the institution of kingship and Rajdharma in order to elude
from political disorder, social chaos, and injustice. Kings were required to make a promise never to be
subjective and always to act concurring to ‘ whatever law there is and whatever is dictated by ethics
and not opposed to politics.‘
During the Muslim era, the Muslim rulers in India were fundamentalists and tyrannical who constrained
upon the Hindus their own laws, traditions, and religious practices. Hindus were not treated in law on
standard with the Muslims – the latter being the conquerors and the previous being the Kafirs: the non-
believers of Islam; uncommon inabilities like jazia, were forced on Hindus.
Amid the rule of Aurangzeb, the concept of justice was made less perplexing and more expeditious than
in the former reigns. Corruption in Judiciary was made a crime for the first time. The faction of Sufism
predominant in Medieval India spread the message of secularism by the symbiotic synthesis of the core
values of diverse religions to bind the pluralist society. Saints and holy people proliferated the message
of the Sufi saints to accentuate that the contrast between human beings is man-made, all being born
equal. It may be reviewed that from time immemorial Indians have called their culture by the title of
‘human culture’ (ManavDharam/ManavSamriti). Human dignity had an all-inclusive appeal and Indian
culture had tried to be comprehensive as to suit the needs of each human being, irrespective of age,
colour, sex or caste.
Modern Times
After witnessing the colonial rule, each Indian was of the firm opinion that the acknowledgement,
security, and implementation of human rights are not only fundamental but too unavoidable for them
for driving a civilized life. It is, however, after the national struggle for freedom that a concrete
movement for claiming the human rights for the individuals of India took shape in which individuals
from distinctive walks of life joined together to realize ‘ Swaraj’ (independence) for themselves.
Judiciary in India plays a vital part in implementing these rights. By virtue of Articles 32 and 226, the
Courts have greatly extended the ambit of the legal review and formulated modern strategies and
techniques by opening the entryways of Justice to the poor and discouraged through Public Interest
Litigation (PIL). It can fairly be said that the judiciary in India through the innovation of Public Interest
Litigation or Social Interest Litigation has broadened the concept of social justice and has gone much
ahead in organizing, extending, ensuring, and promoting human rights. By strenuous endeavours, the
Courts are attempting to decipher the constitutional philosophy of human rights jurisprudence into
reality. The judiciary has been rendering judgments that are in tune and temper with legislative aim
whereas keeping the dimensions of fundamental human rights of the citizens so as to make them
meaningful and practical.
Human Rights is enshrined through the enhanced concept of Article 21 of the Constitution of India.
Article 21 of the Constitution of India is the heart and soul of our Constitution. Its scope is being
broadened in an ever-extending horizon, by various legal proclamations. According to Bhagwati, J.,
Article 21 ‘embodies a constitutional value of supreme importance in a democratic society.‘ Iyer, J.,
has characterized Article 21 as ‘the procedural Magna Carta protective of life and liberty .’ This right
has been held to be the heart of the Constitution, the foremost natural and progressive arrangement in
our living Constitution, the establishment of our laws.
Article 21 can only be claimed when an individual is denied of his ‘ life‘ or ‘personal liberty‘ by the
‘state‘ as characterized in Article 12. The infringement of the right by people is not within the purview of
Article 21.
The major landmark decision which led to the broadening concept of Article 21 is Maneka Gandhi v.
Union of India, wherein a broad interpretation was embraced. In this case, a number of dynamic
propositions were made to create Article 21 more significant. The prior view that Article 21 was a Code
by itself was rejected. Articles 14, 19, and 21 were held to have a close association. Concurring to Justice
Krishna Iyer, no article pertaining to a Fundamental Right is an island in itself. Just as a man isn’t
dissectible into separate limbs, cardinal rights in an organic constitution have a synthesis.
In Maneka Gandhi v. Union of India, Article 21 was given an extended meaning to read the ambit of
the Fundamental Rights rather than weaken their meaning and content by a process of legal
construction. Justice Iyer commented, ‘The spirit of man is at the root of Article 21.’
Similarly, in P.Rathinam v. Union of India , the Supreme Court interpreted ‘ life‘ as the right to live
with human dignity and the same does not connote continued drudgery. It takes within its fold a few of
the fine graces of civilization that makes life worth living and that the extended concept of life would
mean the tradition, culture, and legacy of the individual concerned.
Conclusion
Man is gregarious and he adores staying together. Each human being, as a social being, lives in a group
in society. As a person, he encompasses a right to life and the right to a decent living. As a social being,
and an indivisible portion of the society/community, he too has other rights, like the right to flexibility of
speech, expression, thought, conviction, and confidence and right to move openly.
Hence, human rights are fundamental for the advancement of human personality in the society, where
he lives. Human rights are extremely important for the overall improvement of a nation and people on
an individual level. In brief, human rights are exceptionally basic for the upbeat living of human
creatures. In any case, these days they are violated perpetually and we ought to come together to
handle this issue. The governments and citizens must take endeavours to protect each other and
advance for the way better. In other words, this will guarantee joy and success all over the world.
Human rights and the environment are intrinsically intertwined: a safe, clean, healthy and sustainable
environment is essential in the enjoyment of our human rights; whilst polluted, hazardous and
otherwise unhealthy environments potentially violate our human rights.
On 28 July 2022, the United Nations General Assembly (UNGA) adopted a resolution declaring
that everyone on the planet has a right to a healthy environment . This landmark decision is the result
of decades of mobilization of various stakeholders. The resolution, based on a similar text adopted in
October 2021 by the Human Rights Council, calls upon States, international organizations, and business
enterprises to scale up efforts to ensure a healthy environment for all.
All human beings depend on the environment in which we live. A safe, clean, healthy and sustainable
environment is integral to the full enjoyment of a wide range of human rights, including the rights to life,
health, food, water and sanitation.
Without a healthy environment, we are unable to fulfil our aspirations. We may not have access to even
the minimum standards of human dignity.
In recent years, the recognition of the links between human rights and the environment has greatly
increased. The number and scope of international and domestic laws, judicial decisions, and academic
studies on the relationship between human rights and the environment are growing rapidly.
The human rights and the environment mandate, created in March 2012 and extended in 2018,
examines the human rights obligations as they relate to a safe, clean, healthy and sustainable
environment. It also promotes best practices relating to the use of human rights in environmental
policymaking.
Many States now incorporate a right to a healthy environment in their constitutions. Yet many questions
about the relationship of human rights and the environment remain unanswered and require further
examination.
The UNITE to End Violence against Women initiative is a multiyear effort to prevent and eliminate
violence against women and girls around the world.
The initiative, launched in 2008 under the leadership of the UN Secretary-General , was created to
support the civil society led 16 Days of Activism against Gender-based Violence campaign around the
world.
Managed by UN Women, UNITE calls on governments, civil society, women’s organizations, young
people, the private sector, media, and the UN system to join forces to address the global pandemic of
violence against women and girls.
The global theme of this year’s 16 Days of Activism against Gender-based Violence, which runs from 25
November to 10 December 2022, is “UNITE! Activism to end violence against women and girls”.
Read the concept note, available in English, French, and Spanish. An updated social media package
will be made available here.
Since the founding of the United Nations, equality between men and women has been among the most
fundamental guarantees of human rights. Adopted in 1945, the Charter of the United Nations sets out as
one of its goals “to reaffirm faith in fundamental human rights, in the dignity and worth of the human
person, [and] in the equal rights of men and women”. Furthermore, Article 1 of the Charter stipulates
that one of the purposes of the United Nations is to promote respect for human rights and fundamental
freedoms “without distinction as to race, sex, language or religion”. This prohibition of discrimination
based on sex is repeated in its Articles 13 (mandate of the General Assembly) and 55 (promotion of
universal human rights).
Such discrimination encompasses any difference in treatment on the grounds of sex which: •
Intentionally or unintentionally disadvantages women;
• Prevents society as a whole from recognizing women’s rights in both the private and the public
spheres; • Prevents women from exercising the human rights and fundamental freedoms to which they
are entitled.
VIENNA DECLARATION AND PROGRAMME OF ACTION4 In 1993, the World Conference on Human Rights
was held in Vienna. It sought to review the status of the human rights machinery in place at the time.
Women’s rights activists mobilized to ensure that women’s human rights were fully on the agenda of
the international community under the rallying cry “Women’s Rights are Human Rights.” Particularly
around the issue of violence against women, civil society activists organized tribunals to put the
spotlight on violations of women’s rights, previously unaddressed because they were considered part of
the private sphere, taboo or simply accepted as an inevitable part of women’s lives. The Conference was
successful in adopting the Vienna Declaration and Programme of Action, which stated that “the human
rights of women and of the girl-child are an inalienable, integral and indivisible part of universal human
rights” (para. 18) and placed particularly heavy emphasis on eliminating all forms of gender-based
violence. Importantly, the Programme of Action also called for “the eradication of any conflicts which
may arise between the rights of women and the harmful effects of certain traditional or customary
practices, cultural prejudices and religious extremism”
The definition of physical abuse, according to the New York State Office of Children and Family
Services, is: "Non-accidental use of force that results in bodily injury, pain, or impairment. This
includes, but is not limited to, being slapped, burned, cut, bruised or improperly physically
restrained." 1 Physical abuse is not limited to children and can happen to adults of any age.
Neglect is also considered an aspect of physical abuse and this type of abuse often happens when
one adult cares for another; such as in the case of an adult child caring for a parent.
Physical abuse often occurs alongside other forms of abuse such as financial, sexual abuse
and emotional abuse . Physical abusers use their abusive behaviors to try to control their victims.
While anyone can suffer from physical abuse, physical abuse victims are most often women and
often:
Frail elderly
Developmentally disabled
Mentally ill
Physically disabled
Substance abusers
Intimate partners
While it is never the fault of the victim, victims of physical abuse often feel shame and guilt over
the abuse and hide the abuse from others. Victims are also typically afraid of what would happen
if the physical abuse were found out. Unfortunately, this often allows physical abuse to go on
unreported.
Physical abuse often occurs in cycles and not all parts of the relationship may be physically
abusive. A physical abuse cycle often includes:
Threats of violence, such as, "if you do that one more time, you'll be sorry"
Apologies by the abuser; the abuser may be extra attentive, "turn on the charm," or buy gifts
The cycle begins again, often with the abuser planning the next action of abuse
Physical abuse can range from relatively mild such as a slap, to severe such as the breaking of
bones. An example of physical abuse in the words of one woman,
"...he broke into my house. He was breaking my fingers, to take my daughter out of my
arms, because that was his way to control me and my other daughter was upstairs, that was
late at night and he was going to take her from me because I had taken the children out for
dinner, and he didn't know where I was..." 2
Being burned
Being cut
Being drugged
Psychological abuse, though, can be just as devastating as physical abuse. Psychological abuse can
affect your inner thoughts and feelings as well as exert control over your life. You may feel
uncertain of the world around you and unsafe in your own home. Psychological abuse can destroy
intimate relationships, friendships and even your own relationship with yourself.
Psychological abuse also applies to children and may impair their development into a healthy
adult. 1
Psychological abuse signs and symptoms may start small at first as the abuser "tests the waters"
to see what the other person will accept, but before long the psychological abuse builds into
something that can be frightening and threatening.
Name calling (Read about: Emotional Bullying and How to Deal with an Emotional Bully )
Yelling
Threatening the person or threatening to take away something that is important to them
Swearing at them
Ignoring
The signs of psychological abuse can be seen in many ways and can be manifested in many
behaviors. According to Kelly Holly, author of the Verbal Abuse in Relationships Blog ,
examples of psychological abuse in a relationship include the following statements: 3
You're so cute when you try to concentrate! Look at her, man, she's trying to think.
That isn't at all what I meant. You'll never understand how much I love you.
If you don't train that dog I'm going to rub your nose in its mess.
I am more capable, smarter, and better educated than you. I will take our kids if you leave me.
Moreover, Holly points out that psychological abuse can also include social, financial, spiritual and
sexual components. Examples of these types of psychological abuse include:
Stop acting like such a whore. My friends are asking me if I let you behave that way when I'm
around or if it's just something you do on your own.
You handle the finances for now; I'll step in when things go to hell.
You took a vow in front of God and everybody and I expect you to honor it!
Keep your stupid beliefs to yourself; our children don't need you to confuse them.
It's important to remember that any of these examples of psychological abuse can happen to
either a man or a woman.
Rape is a heinous act performed when one party wishes to exact complete power and control
over another. The definition of rape, according to the Rape, Abuse and Incest National Network
is: 1
". . . forced sexual intercourse, including vaginal, anal, or oral penetration. Penetration may be by
a body part or an object."
Rape is often known as "sexual assault" or "sexual abuse," particularly in the law.
However, sexual assault and sexual abuse are defined more broadly whereas the term rape
specifies intercourse.
Threats of violence or weapons may be used during rape but in about 8-out-of-10 cases, nothing
but physical force is used. Weapons or threats are not required for an act to be considered rape.
It is important to know that either gender can be the perpetrator or the victim of rape.
Additionally, both heterosexual and homosexual rapes take place both inside and outside of
relationships. It's critical to understand that rape is never okay and that no matter the
circumstance, rape is never the victim's fault.
Sexual Assault
It's also important to know that sexual activities short of rape performed without consent are also
a crime. These crimes are generally known as "sexual assault." Sexual assault is defined as the
following, according to the Rape, Abuse and Incest National Network:
". . . unwanted sexual contact that stops short of rape or attempted rape. This includes sexual
touching and fondling."
Was I Raped?
Some victims of rape wonder about their specific circumstance and wonder if it constitutes rape.
Chances are if you're wondering, "was I raped?" you probably were. Rape happens any time
sexual intercourse takes place without your consent. Note that many circumstances can indicate
your lack of consent including:
An inability to give consent due to inebriation (typically due to ingesting drugs or alcohol)
And, of course, any time you say, "no" to intercourse and it is forced on you, that is rape. It
doesn't matter if you said "no" in the middle of the act, it is still rape if the other party doesn't
immediately stop and respect your wishes. You have the right to rescind consent at any time,
under any circumstances.
Sometimes it is considered rape even if you do not say, "no" such as in the case where a weapon
is used. Sometimes you are too concerned for your life or safety to say, "no." This is still
considered rape. Threats against others may also constitute too grave a threat.
You used to date or were friends with the perpetrator (read about: What is Date Rape? )
Sexual assault refers to any unwanted sexual contact; contact against your will and without your
consent. Even though the legal definition varies by state, sexual assault and domestic violence
organizations consider any unwanted sexual contact sexual assault.
Most people, if asked, "What is sexual assault?" would think the correct answer is rape. While
aggravated rape certainly qualifies as sexual assault, many different types of this violent act exist.
Perhaps you picture a stranger breaking into a victim's home or jumping out from behind a clump
of bushes to attack a woman walking down a street at night. While this type of "stranger rape"
represents one form of this criminal act, it's important to realize the wide scope of unwanted
sexual contact that many people experience also qualifies as sexual assault.
Most states have adopted a broad sexual assault definition to cover the many types of
nonconsensual sexual acts that affect individuals and their communities. Sexual assault takes
many forms, but the common thread involves the loss of power and control experienced by
victims.
There are many types of sexual assault. Some victims may not even realize that they've
experienced sexual assault unless they become educated about the different forms of this violent
act. Any type of nonconsensual sexual activity or contact qualifies as sexual assault, including:
Date rape
Attempted rape
Incest
Exhibitionism
Voyeurism
Obscene phone calls
Sexual harassment
In general, most state sexual assault laws assume that a person did not consent to sexual contact
if they were threatened, unconscious, drugged, mentally disabled, or a minor. Any sexual act or
contact that makes you feel uncomfortable, afraid, or intimidated could fall in the category of
sexual assault.
Verbal abuse is the only type of abuse that can affect every single person with any type of
communication ability or understanding. You may be assaulted by verbal abuse at work , at
home, at school, on the road, or walking through a park, and there is nothing you can do to
prevent it. You could even be a victim of verbal abuse if you live alone because if your self-talk,
the voice in your head, diminishes you or your belief in yourself in any way, then you subject
yourself to verbal abuse when you allow your inner critic to put you down. No one, anywhere, is
immune to verbal abuse.
Verbal abuse is the most common way to attempt to control the behavior, thoughts, and feelings
of another human being. Controlling behaviors are designed to manipulate people into doing
what the abuser wants them to do under the guise of love or respect or abject fear. (See: Why
Do Perpetrators of Domestic Violence Hurt People? )
If you define verbal abuse as name-calling delivered through speech alone, then you won't
recognize it when it happens to you. But if you educate yourself on verbal abuse and its nasty
symptoms, you can avoid an avalanche of future emotional pain.
Let's expand our definition of verbal abuse to be any language or behavior that seeks to coerce its
victim to doubt their perceptions or their abilities and subjugate themselves to the abuser. That
definition of verbal abuse puts us on the right path to understanding its insidious nature.
Many people consider verbal abuse as blatantly offensive language designed to humiliate and gain
power over another person. However, verbal abuse does not only assault us through spoken
words. We read body language before we learn to speak, and our minds interpret body language
into words that we internally hear, loud and clear. Behaviors unique to an individual and body
language understood culture-wide can translate to verbal abuse.
For example, most everyone knows the words behind a blatant middle finger, and any person
would interpret a strangling motion directed at them as the threat "I want to choke you." When
someone flicks open a knife to intimidate you, the words "I am in danger" flash through your
mind. School-yard bullies have "a look" that sends the other kids running away. Veteran verbal
abusers (a.k.a. adult bullies) often cultivate tiny "looks" and behaviors, known only to them and
their victim, so they don't need to say a word to get what they want. You can read
more examples of verbal abuse here.
Verbal abuse can be loud and obnoxious like when the homeless person berates you for not giving
her a dollar or when your spouse uses aggressive anger and yelling to silence you. But verbal
abuse is also silence, the behavior behind " the silent treatment ", which purposefully ignores the
needs or communication of another person and quietly says, "You are not important enough to
acknowledge".
Verbal abuse, by nature, creates confusion which many call " crazy making " or " gaslighting ".
According to Patricia Evans, author of five books on verbal abuse, verbal abusers master the art of
confusion through using at least fifteen different categories of verbal abuse. Ms. Evans' definition
of verbal abuse includes the varied ways verbal abusers use to deflect accountability for their
words and actions onto their victims.
To accurately define verbal abuse and understand what is considered verbal abuse, we must be
willing to dig a little deeper into the signs, symptoms, and effects of verbal abuse in different
situations and on all people.
Civil-rights movements often seek to ensure that individual rights are not denied on the basis of
membership in a minority group. Such civil-rights advocates include the global women's-rights and
global LGBT-rights movements, and various racial-minority rights movements around the world (such
as the Civil Rights Movement in the United States).
Issues of minority rights may intersect with debates over historical redress [1] or over positive
discrimination
Historical background behind the protection of minority rights under the Constitution
In the past, the invasions in Ancient and Medieval India generated minority communities like Muslims,
Anglo- Indians, Christians etc. India became a conglomeration of Minorities because of migration of
communities fearing religious persecution like Parsis, Divide and rule policy of British colonial power etc.
The objective resolution moved by Pandit Jawaharlal Nehru in the Constituent Assembly on
13th December 1946, unanimously adopted by Constituent Assembly on 22nd January 1947 where it
was decided that a safeguard mechanism will be adopted for minority communities, depressed
backward classes and tribal areas of the nation.
The Constitutional drafting committee had formulated various provisions and laws in 1948, under the
name of “Special Provisions Relating to Minorities” in part XIV and numbered in 292-301 article. The
provisions for special rights of minorities were modified substantially and finally, no special rights except
cultural and educational were concerned to minorities. The constitution which was adopted by the
Constituent Assembly of India in November 1949 and came into force on 26th January, 1950 with no
reservation of seats in the Legislative bodies and public services for religious minorities as originally
planned. The religious minorities from the purview of group-preference requirements were excluded
because the Constituent Assembly held that control to such protections was reliable only for the
development of backward and not to conserve the distinct cultural personalities.
Minorities faced various problems such as problems of getting protection, problems of communal
tensions and riots, the problem of lack of representation in civil service and politics and the problem of
separatism. Other problems are failure to stick to secularism, problems relating to the introduction of a
common civil code.
Minority rights in India protect people from being discriminated against on grounds of their ethnic
cultural, linguistic or religious identity. Individuals belonging to minorities must be able to learn and use
their language, use their own names, preserve and freely express their identity. Minority rights,
therefore, guarantee equality before the law, protection of basic freedom, non-discrimination and
protection against violence on the grounds of identity, participation in political and public life,
possibilities for cooperation with other communities and organisations within states and across borders.
Rights of Minorities are the inherent part of human rights. They promote tolerance and respect for
diversity. Their aim is to ensure that minorities and majorities live peacefully together and support each
other in building a better future.
According to Article 14 of the Indian constitution, we need to prohibit unequal treatment and we should
demand such laws which can afford equal treatment. Article 14(1) states Equality Before Law which
states that if anyone irrespective of the Prime Minister or a common man does an act which is not
legally justified then law treats everyone the same and gives the same responsibilities. The example of
this is the Lady Justice who is blind-folded that means everyone is at the same pedestrian before the
law.
There are 2 Articles under cultural and educational rights In the Indian Constitution – Article 29 and
Article 30. Article 29 of the Constitution states the protection of interests for minorities. Its clause (1)
states that any group living within the jurisdiction of India is entitled to preserve and promote its own
language, script or literature and culture. Clause (2) of it prohibits denial of admission to educational
institutions which are aided by the state on the ground of race, caste, religion or language protection.
This provision protects the rights of citizens irrespective of his/her belonging community. Article 30 is
one of the very important to the minorities of India. Article 30(1) gives a provision to the minority
communities to establish and administer an educational institute of their choice for protection of their
culture and heritage. Sub clause 30(1A) of it has strengthened the minority educational institutions in
case of compulsory acquisition. The state has to keep in mind that the amount which is needed for the
acquisition of the property should not restrict the right guaranteed by the clause (1). According to Article
30(2), the government should not discriminate against any educational institution run by any minority
group regardless of religion or the language, while giving aid.
Opposed to the traditional view Article 29’s scope is wider than Article 30 because Article 30 deals with
only 2 kinds of minority that are religious and linguistic and Article 29 deals with any citizen of Indian
citizens including the majority. Article 29 can only be applied to the citizens of India while Article 30 can
be applied for both citizens as well as non-citizens of India. The Supreme Court has ruled in S.K. Patro v.
State of Bihar, that a minority community can only claim the privileges under Article 30 must be a
minority person who is residing in India. Foreigners who are not resident or nor a citizen in Indian do not
come within the scope of Article 30.