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Initiatives of the National Human


Rights Commission of India
on Human Rights Education
National Human Rights Commission of India

H
uman rights, the modern and secular version of natural rights,1 are usually
based on the three basic documents that are known collectively as Interna-
tional Bill of Human Rights (the Universal Declaration of Human Rights
(UDHR), the International Covenant on Civil and Political Rights [ICCPR] with
its Optional Protocol, and the International Covenant on Economic, Social and
Cultural Rights [ICESCR]), and also on the Constitution (regarding Fundamental
Rights) and domestic laws. In substance they relate to life, liberty, equality and
dignity of the individual. Human rights are those that do not relate to citizenship
but what is taken to be the entitlement of any human being. Inherent dignity and
equal and inalienable rights of all members of human family are the foundation of
freedom, justice and peace in the world. Disregard and contempt of human rights
have resulted in barbarous acts, which have outraged the conscience of humankind.
It is essential, if people are not to be compelled to have recourse, as a last resort,
to rebellion against tyranny and oppression that human rights should be protected
by Rule of Law (Preamble, UDHR).

In the last few decades there has been a of dignity, promote understanding, respect, gen-
growing worldwide awareness and explosion of der equality and friendship to enable all persons
interest in human rights education, which means to participate effectively in a free society, and
all learning that develops the knowledge, skills further activities for maintenance of peace.
and values of human rights. The United Na- Human rights education, training and public
tions proclaims that human rights education is information are, therefore, necessary and essen-
training, dissemination and information efforts tial for the promotion and achievement of stable
aimed at the building of a universal culture of and harmonious relations among the commu-
human rights through imparting knowledge nities and for fostering mutual understanding,
and skills and the molding of attitudes. These tolerance and peace. Through the learning of
efforts are designed to strengthen respect for hu- human rights as a way of life, fundamental
man rights and fundamental freedoms, facilitate change can be brought about to eliminate or
the full development of human personality, sense eradicate poverty, ignorance, prejudices, and

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34 HUMAN RIGHTS EDUCATION IN ASIAN SCHOOLS

discrimination based on sex, caste, religion, and Human rights education has to grapple with
disability and any other forms among the people three important concerns: one, clarification of
at large. All are required to discover the human contemporary civilizational dilemmas; two,
remedies for human maladies, to eradicate these intergenerational transmission of experience;
shortfalls in human rights. three, acceleration of the process of transfor-
The major international human rights in- mation. The contemporary civilization faces
struments include human rights education as several dilemmas arising from different contra-
integral part of the right to education and have dictions. The contradictions at an individual
gained of late larger recognition as human right level are located in selflessness vs. selfishness,
in itself. Human rights education cannot be re- at institutional level at individual vs. collective,
duced to a single introduction of human rights state power vs. democratic culture. The develop-
content. It brings about a profound reform of ment models have come to increasingly pre-sup-
education, which touches upon curriculums for pose that self-interest alone can be the propeller
in-service and pre-service training, textbooks, of faster development of the productive forces.
methodology, classroom management and the The crisis of the socialist world added strength
organization of the education system at all lev- to this general belief. Despite the crisis, the po-
els. Human rights education implies the learn- tentialities and possibilities of nobility inherent
ing and practice of human rights. Therefore, in human nature will have to be rediscovered
human rights education should not be theo- and realized. This can be made possible by not
retical but must be relevant to peoples lives, in only recounting and resurrecting the historical
the sense that such education must also provide memory about the positive achievements and
opportunities for young people to develop and advancements but also transmitting them to
practice the skills to respect the human rights coming generations. The indifference to past
and citizenship through school/college life. achievements in such domains not only negates
Everyone, whose decisions or policies affect the past but cripples societal capacity to move
the lives of other human beings, needs human to higher realms of social life. A critical reflec-
rights education. Human rights education tion of the past heightens the consciousness,
serves as means of understanding and embrac- which in turn can create the necessary climate
ing principles of human equality, dignity and for not only democratic governance but also a
commitment to respect and protect the rights democratic way of life. This effort has to be
of all. Once the people grasp the human rights continuously made at the individual, group,
concept, they begin to look for their realization national and international levels. Human rights
in their own lives, examining their communities, education can be a catalyst in this process.
families and personal experiences through the The experience of the last five decades in
human rights lens. the area of human rights has become a mat-
Dissemination of knowledge of human ter of deep concern. Article 26 of the UDHR
rights and duties must therefore aim at bringing states that Everyone has the right to educa-
about attitudinal change in human behavior. It tion. Education shall be directed to the full
is commonly acknowledged that students are development of human personality and to the
the dynamic and progressive component of strengthening of respect for human rights and
citizenry. When properly trained and guided fundamental freedoms. It shall promote un-
they can become instruments for ensuring social derstanding, tolerance and friendship among
justice and development. Similarly, teachers have all nations, racial or religious groups, and shall
a crucial role in developing awareness among further the activities of the United Nations for
the students to translate human rights into social the maintenance of peace. This is supported
and political realities. by the recognition of human rights education
HRE Initiatives of the National Human Rights Commission of India 35

in other international human rights instruments citizenship through school life, i.e., all aspects
as a human right in itself. Thus, the knowledge of school as a living social environment with
of rights and freedoms of an individual or of its collective rules, interpersonal conflicts, time
others, is considered a fundamental tool to and opportunities for cooperation, and through
guarantee the respect of all rights in each and opportunities for spontaneous initiatives by the
every person. students outside the actual teaching activities.
The adoption of the UDHR, transfer of
power from colonial masters to colonized peo- The establishment of an autonomous Na-
ple, and the adoption of various international tional Human Rights Commission (NHRC) by
human rights instruments have not qualitatively the Indian Parliament reflects its commitment
changed the ground realities. There have been for effective implementation of human rights
massive violations of human rights. Humanity provisions under national and international
landed itself at the end of the 20th century in instruments. The Commission is the first of
a more violent, brutalized and dehumanized its kind among the South Asian countries2 and
world. Nevertheless the assertions of the suf- one of the few National Human Rights Institu-
fering people continue to hold the hope all over tions that were established in early 1990s. The
the world. This experience suggests that human Commission came into existence on 12 October
beings have to make far more conscious effort to 1993, by virtue of the Protection of Human
alter the world reality. Human rights education Rights Act 1993.3 Over the past fourteen years,
should aim at this goal. the Commission has endeavored to give a posi-
In this context, education is seen as a way tive meaning and content to the objectives set
to empower people, improve the quality of life, out in the Protection of Human Rights Act,
and increase their capacity to participate in the 1993. It has moved vigorously and effectively
decisionmaking processes leading to social, to use the opportunities provided to it by the
cultural and economic policies. Thus, it may Act to promote human rights in the country.
align with the rights-based approach from de- Seventeen States4 in India have also set up their
velopment-based agenda. In any case, human own human rights commissions to deal with
rights education cannot be reduced to simple violations of human rights within their states.
introduction of human rights into already over- The Act contains broad provisions related to its
burdened curriculums. In fact, it brings about a function and powers, composition and other
profound reform of education, which certainly related aspects.
touches upon in-service and pre-service training Wide powers and functions have been given
curriculums, textbooks, pedagogy, classroom to the Commission under section 12 of the
management, and the organization of the edu- Act. The para (a) of section 12 provides, that
cation system at all levels. the Commission can enquire, suo motu or on
To be precise, human rights education im- a petition presented to it by a victim or any
plies the learning and practice of human rights. person on his behalf or on a direction of order
Needless to say, a holistic approach to human of any court, into complaint of (i) violation of
rights education means that human rights are human rights or abetment thereof; or (ii) neg-
implemented at all levels of the education system ligence in the prevention of such violation, by a
and that they are taught through both contents public servant. Section 12 (b) provides that the
transmission and experiences. Commission can intervene in any proceeding
Therefore, human rights education should involving any allegation of a violation of human
not only be theoretical but should also provide rights pending before a Court with the approval
opportunities for young people to develop and of such Court.5 Section 12 (c) empowers the
practice the skills to respect human rights and Commission to visit, notwithstanding anything
36 HUMAN RIGHTS EDUCATION IN ASIAN SCHOOLS

contained in any other law for the time being every citizen in the country. In this process, the
in force, any jail or other institution under Commission thought that one of the ways by
the control of the State Government, where which this objective could be achieved was to
persons are detained or lodged for purposes of club it with education, which would bring the
treatment, reformation or protection, for the understanding of human rights in more effective
study of the living conditions of the inmates as well as sustainable manner.
thereof and make recommendations thereon to
the Government. The Commission has already The Commission had suggested to the Uni-
initiated action to improve prison conditions in versity Grants Commission (UGC) to set up a
India, and started studying all prevailing reports curriculum development committee for human
related with prisons.6 Section 12 (d) empow- rights education in various universities. In light
ers the Commission to review the safeguards of this suggestion, the UGC constituted the
provided under the Constitution or any law Curriculum Development Committee on Hu-
for the time being in force for the protection of man Rights and Duties Education, headed by
human rights and also to recommend measures Honorable Justice V.S. Malimath, that issued the
for their effective implementation. Under Sec- Model Curricula for Human Rights and Duties in
tion 12 (e) there is a provision to review the 2001 and was subsequently introduced in the
factors, including acts of terrorism that inhibit universities and colleges across the country.
the enjoyment of human rights and recommend
appropriate remedial measures. Section 12 (f) From the perspective of the changing global
provides for the study of all treaties related scenario, however, there was a need to review
with International Human Rights Instruments the Model Curricula for Human Rights and Du-
and the making of recommendations for their ties. In this direction, the Commission collected
effective implementation. Section 12 (g) pro- the human rights education syllabuses being
vides for promotion of research in the field of used at different universities and colleges across
human rights. Section 12 (h) empowers the the country. It found that a very limited number
Commission to spread human rights literacy of universities and colleges have introduced
among various sections of society and promote courses related to human right education. Of
awareness of the safeguards available for the course, it is disheartening to note that in spite
protection of these rights through publication, of more than fifty years after the adoption of the
the media, seminars and other available means. Universal Declaration of Human Rights by the
Section 12 (i) empowers the Commission to United Nations (UN) and after observance of
encourage the efforts of non- governmental the UN Decade for Human Rights Education
organizations (NGOs) working in the field of (1995 2004), the prevailing situation of hu-
human rights. Lastly, Section 12 (j) provides, man rights education at the educational system
such other functions, as it may consider neces- of the country is not satisfactory. Therefore, the
sary for the promotion of human rights. Commission took further initiative to look into
The Commission since its inception in 1993 the human rights education model curriculum
has been concerned with the issue of human developed by the UGC from the point of view
rights education. Section 12 (h) of the Protec- of changes taking place from the national and
tion of Human Rights Act, 1993 has clearly international perspective so as to ensure that
mandated the Commission to spread human the recent advancements made and its perspec-
rights literacy among the various sections of tive are adequately reflected in the curriculum.
society. Human rights education is a lucrative area of
The Commission has had a view that human study with high level of opening and credibility
rights education needs to percolate down to in the job market for the taker of the human
HRE Initiatives of the National Human Rights Commission of India 37

rights education program at the level of universi- rights and uses a practical point of view to make
ties and colleges. Justice Shri Y. Bhaskar Rao, it a popular course owing to its market utility
Member of the Commission had convened a and job prospects.
couple of in-house meetings and deliberated on The Foundation Course covers the basic
the issue of human rights education in schools aspects of law relating to every day life. It
as well as University system. A meeting of po- covers evaluation, assessment, complaint
tential partners of human rights education was mechanism and media advocacy and considers
convened on 7 June 2006. psychological, sociological, legal and economic
The Commission took an initiative to consti- perspectives.
tute a Task Force consisting of eminent academi- A curriculum leading towards Foundation
cians and legal experts drawn from various parts Courses on Human Rights Education at under-
of the country to develop a module on human graduate and postgraduate levels and cutting
rights education for school education and also across all the disciplines was evolved. The cur-
a Task Force to develop curriculum on human riculum for Certificate, Diploma, Under-Gradu-
rights education for University education. The ate, Post-Graduate and Research Degree (PhD)
Commission on 8 September 2006 convened Course was also formulated.
the first meeting of the task force. The Task Taking into consideration the recommenda-
Force was in constant touch with the National tions made in these conferences, the UGC Model
Council for Educational Research and Train- Curricula on Human Rights and Duties and
ing (NCERT), University Grants Commission the changes taking place in the area of human
and various universities and colleges across the rights education at national and international
country concerning the issue of human rights levels, a final set of recommendations on model
in the formal education system. curriculum on human rights for various levels
In order to evolve the curriculum and to of programs at universities and colleges was
obtain inputs from the various regions of the formulated.
country, five regional conferences were orga- Subsequently, the Commission organized on
nized during 2006-2007. These conferences 3-4 May 2007 a meeting of the members of the
were organized at Goa, Cochin, Gandhinagar, Task Force for university education to finalize
Hyderabad and Jaipur. Besides the academics the recommendations made in the regional con-
and university personnel, the experts from the ferences and prepare the final curriculum for the
field of human rights education including the courses. Similarly, the Commission organized
representatives of civil society were also invited on 9 May 2007 a meeting of the members of
to deliberate upon the model syllabus. the Task Force for school education. In this
The main objectives of the conferences were meeting a module for in-service teachers as well
to come up with a curriculum on human rights as for Bachelor in Education (B.Ed.) courses
for the listed levels of education that will be was finalized.
adopted by the University Grants Commission Finally, a National Consultation on In-
and implemented in the Universities. corporating Human Rights Education in
In the conferences, the experts deliberated School and University Education System was
and evolved a Foundation Course across vari- held on 6 July 2007 at Vigyan Bhawan, New
ous disciplines of study that have elements of Delhi. Shri Arjun Singh, Honorable Minister
human rights education, stressing research in for Human Resource Development, Govern-
human rights which is an important element of ment of India and Shri S.K. Thorat, Chairman,
human rights education. The experts stressed University Grants Commission as the Guest of
the development of a core syllabus on human Honor, inaugurated the consultation. In this
rights that considers the realities of human program, the Honorable Minister for Human
38 HUMAN RIGHTS EDUCATION IN ASIAN SCHOOLS

Resource Development Shri Arjun Singh re- laws, charters and covenants. Notwithstanding
leased two books namely Recommendation of this, with changing national and international
National Human Rights Commission - Human contexts as a result of globalization, a serious
Rights Education at the University and College threat to human rights has arisen. One of the
Levels and Recommendation of National Hu- ways by which this threat could be met is by
man Rights Commission - Module on Human bringing human rights education at all levels
Rights Education for Teaching Professionals of education. Through the learning of human
Imparting Education in Primary, Secondary, rights as a way of life, fundamental change
Higher Secondary Levels. can be brought about to eliminate or eradicate
In this consultation the members of both poverty, ignorance, prejudice and discrimina-
Task Forces on Human Rights Education, Sec- tion based on sex, caste, religion and disability.
retaries in-charge of the Department of School Human rights education cannot be reduced to
Education, Department of Higher Education, a single introduction of human rights content.
Union Secretaries of various other Ministries, Such education brings about a profound reform
officials of University Grants Commission, which touches upon curriculums for in-service
eminent Vice Chancellors of universities, Heads and pre-service training, textbooks, methodol-
of Departments of universities/colleges where ogy, classroom management and organization of
human rights have been taught at Graduate and the education system at all levels. Human rights
Post-Graduate levels, Directors of NCERT, Na- education serves as a means of understanding
tional Council on Teacher Education (NCTE), and embracing principles of human equality,
All India Council for Technical Education dignity and commitment to respect and protect
(AICTE) and Central Board of Secondary the rights of all. An attitudinal change in hu-
Education (CBSE) were invited. man behavior is required so that knowledge of
The modules on Human Rights Education human rights is disseminated.
for Teaching Professionals and Human Right Human beings have to make far more con-
Education at the University and College levels scious effort to alter the world reality consider-
containing the recommendations of the Com- ing the recent changes in the global scenario,
mission have been sent to all the stakeholders including massive violation of human rights.
for implementation at various levels of educa- Human rights education should aim at this. Be-
tional system. These modules are available at ing concerned of these issues, the Commission
the NHRC website (http://nhrc.nic.in/publica- made the effort to bring out its recommenda-
tions.htm). tions for model curriculums for schools and
Thus, the Commission has played a catalytic universities. At the same time, the Commission
role in the promotion of human rights educa- has sustained its effort of ensuring that the
tion in the universities and colleges across the recommendations do take care of human rights
country. concerns at national and international levels.

Conclusion Endnotes

Out of the various dimensions of human 1


Editors note: A study of the drafting of the
rights, only civil and political rights were fo- Universal Declaration of Human Rights shows that
the drafting committee agreed not to use by nature
cused upon for a long time. However, today
or any reference to divine source in the document.
the economic, social and cultural rights are also This means that the drafters did not want to limit the
given prominence. As such, human rights in interpretation of human rights to one perspective (such
the broader sense have paved the way to new
HRE Initiatives of the National Human Rights Commission of India 39

as natural rights view). Seeing human rights as natural Annex


rights is an interpretation of the existing United
Nations concept of human rights, at least as far as the
Teacher Training Module
UDHR is concerned.
2
The Human Rights Commission of Sri Lanka
was established under the Human Rights Commission I. Draft Syllabus of Human Rights Education
of Sri Lanka Act, No. 21 (1996) and became operational for the Teachers
in September 1997. The National Human Rights
Commission (NHRC) of Nepal is an independent and 1. Concept of Human Rights
autonomous statutory body established in the year Human Rights Meaning and Con-
2000 under the Human Rights Commission Act 1997.
3
The Commission was constituted by an Act of
cept (Theories)
Parliament, which was amended in 2006. The Act is Generational Classification of Human
divided into eight Chapters consisting of 43 Articles. Rights
The Commission has special powers under Article 10
(2) which says that, the Commission shall have the 2. International Development of Human
power to lay down by regulations its own procedure. Rights
4
The seventeen States are: Assam, Chhattisgarh,
United Nations (System) and Uni-
Himachal Pradesh, Jammu & Kashmir, Kerala Madhya
Pradesh, Maharashtra, Manipur, Orissa, Punjab, versal Declaration of Human Rights
Rajasthan, Tamil Nadu, Uttar Pradesh and West (UDHR), 1948
Bengal, Andhra Pradesh, Karnataka, Gujarat. See UN Council on Human Rights
http://www.nhrc.in. United Nations Development Pro-
5
The Commission has decided to intervene in the gramme Reports: Human, Social,
pending court proceeding in the Punjab & Haryana
Economic Development
Court relating to the disappearance of Harjit Singh.
Human Rights Newsletter, vol. 2, no. 7 (1995), page 1.
6
Report of the All India Jail Manual Committee of 3. Human Rights in the Indian Constitu-
1957-59; the Report of the All India Committee on tion
Jail Reforms 1980-83 Chaired by the Justice A.N.Mulla Rights in Indian Constitution - their
(popularly known as Mulla Committee Report); The background, overview and contem-
Report of the National Expert Committee on Women porary debates
Prisoners of 1987 chaired by Justice V.R.Krishna
Iyer; the Report of the Group of Officers on Prison
Relationship between Fundamental
Administration chaired by Sri R.K.Kapur in 1987. Rights and the International Cov-
In addition to this, the Commission remains mindful enant on Civil and Political Rights
of the need for the country to abide by the United (ICCPR), Directive Principles of
Nations Standard Minimum Rules for the Treatment State Policy and International Cov-
of Prisoners of 1957. enant on Economic, Social and Cul-
tural Rights (ICESCR)
Fundamental Duties as Constitu-
tional Obligations

4. Human Rights Violations of Marginal-


ized/Disadvantaged Groups
Children, Women, Scheduled Castes
and Scheduled Tribes, Backward
Classes, Minorities, Refugees, Ag-
ing Persons, Physically and Mentally
Challenged, Prisoners, Unorganized
40 HUMAN RIGHTS EDUCATION IN ASIAN SCHOOLS

Workers and others tional Institutions and others


5. Globalization: Impact on Human Role of Civil Society Organizations
Rights and Media
Impact on Employment, Livelihoods,
Working Conditions and Worker 8. Promotion of Human Rights Education
Rights Right to Education and Universaliza-
Emergence of Market Forces and tion of Education
Challenges to Human Rights National Policy of Education and
State and Corporate Sector Relation- Human Rights
ship Constructing Child Centered Educa-
Impact on Society and Culture tion
Inequality and Growth Without Human Rights Education India and
Justice International
Agrarian and Industrial Distress and Human Rights Education: Problems
Urban Poor and Prospects
Special Economic Zones
9. Human Rights Education cannot be effec-
6. Emerging Issues in Human Rights tively transacted within the four walls of
Challenges to Democratic State and the classroom, but must be learned in the
Civil Society Communalism and world outside and be linked to ground
Terrorism, Corruption and Muscle reality. The following are suggested for
Power internalizing the meaning and message
Good Governance and State Account- of Human Rights Education.
ability (1) Exposure programs of various
Debates on Big Dams, Displacement forms
and Rehabilitation (2)Short placement with programs/
Tribal Rights and Forest Protection projects addressing human rights
Environmental Issues and Sustainable issues conducted by civil society
Development, Traditions, Culture organizations and human rights
and Human Rights defenders
(3) Case Study based report as a required
7. Human Rights Protection Mechanism project by each student
in India
Law Enforcement Agencies II. Guidelines for preparation of syllabus
Judicial System, Adjudication Process content
and Judicial Activism
Remedies: Writs, Public Interest Liti- 1. Concept of Human Rights is to be
gation (PIL), Judicial Review, Right developed in western and non-western
to Information Act (RTI) perspectives
Protection of Human Rights Act 2. For Historical Development of Rights
1993 in the West: the documents that were
Institutional Mechanisms milestones like Magna Carta (1215),
National/State Commissions for English Bill of Rights (1689), the Bill of
Human Rights, Women, Scheduled Rights of the Constitution of the United
Castes, Scheduled Tribes, Backward States of America, the French Declara-
Classes, Minorities, Minority Educa- tion of the Rights of Man and of Citizen
HRE Initiatives of the National Human Rights Commission of India 41

(1789), Charters of League of Nations Source:


and United Nations.
3. Perspectives on the rights of each Mar- Recommendations of National Human Rights
ginalized/Disadvantaged Group should Commission
be developed in terms of their respective Module on Human Rights Education for Teaching
violations of human rights, constitutional Professionals
provisions, international conventions, Imparting Education in Primary, Secondary,
movements, landmark judgments. Higher Secondary Levels
4. For the United Nations System: Interna- NATIONAL HUMAN RIGHTS COMMISSION
tional Convention on the Elimination of New Delhi, Rajika Press Services Pvt. Ltd., July 2007
(www.nhrc.nic.in)
all forms of Racial Discrimination, 1965,
Convention against Torture and other
Cruel, Inhuman or Degrading Treatment
or Punishment, 1984, Convention on
the Rights of the Child, 1989, Conven-
tion on the Elimination of All forms of
Discrimination against Women, 1979,
Declaration on the Rights of Persons
Belonging to National or Ethnic, Reli-
gious and Linguistic Minorities, 1992,
UN Millennium Declaration, 2000,
UN Global Agenda for Dialogue among
Civilizations, 2001.
5. For Development of Human Rights
in India in specific reference of Funda-
mental Rights and Economic Program
for the Swaraj Government adopted by
the Indian National Congress at its 45th
Session held at Karachi in March, 1931,
Objectives Resolution, 1947 has to be
brought out.
6. For Human Rights in Indian Constitu-
tion: Protection of Civil Rights Act,
1955, SC and the ST (Prevention of
Atrocities) Act, 1989, Persons with
Disabilities (Equal Opportunities, Pro-
tection of Rights and Full Participation)
Act, 1995, Pre-Conception and Pre-natal
Diagnostic Techniques (Prohibition of
Sex Selection) Act, 1994, Environment
(Protection) Act, 1986, Prevention of
Domestic Violence Act 2006.
7. Constant reference to website of National
Human Rights Commission

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