WOMEN’S RIGHTS AS HUMAN RIGHTS - The Daily Guardian
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WOMEN’S RIGHTS AS HUMAN RIGHTS

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“The freedoms, immunities, and benefits that, according to modern values (esp. at an international level), all human beings should be able to claim as a matter of right in the society in which they live.”

Human Rights Relates to rights such as life, liberty, security of a person, freedom from arbitrary arrest, right to a fair hearing, freedom of thought and religion, right to social security and to work, and right to education.

Human beings are living beings that have consciousness, conscience & reasoning and human rights are the basic dignities of every human being. They are universal rights held simply by being a human. Being rights, not concessions neither they cannot be withdrawn nor undermined or watered down nor do rights depend on our status as citizens. They also extend to the nonnatives because they most need them. While accepted basic human rights are fundamental to human nature, they are not static. The dynamic progress of human nature and society allows for the development of future rights.

Women are an important part of human society. They are regarded as primary sources that nurture the next generations of human beings. Even though the women’s contribution to the progress of the human is equal to that of their males’ contribution, still, they experience various limitations that restrict them from realizing their growth potential. It was against this realistic view that the governments all over the world felt the need to prioritize the needs and interests of women and recognize their contribution in various stages and overcome predicaments that would take place within the course of their empowerment. The term, women’s empowerment implies the capacity of the woman to take all the important decisions on an independent basis that are related to her, throughout her life that will lead to her success in all stages of life.

Previously Human rights had been conceptualized in a way that did not take account of women’s lives and the fact that they experienced violence, various criminal activities, discrimination and coercion. In the past, women only followed certain norms and traditions that put many restraints upon them in the male-dominated society. Ensuring women’s human rights requires a broad-ranging understanding of the fundamental societal structures and power relations that elucidate and stimulate the abilities of women to enjoy human rights. These power structures affect all aspects of life, including law, politics, economic and social policy, family and community life, education, training, skill development, and attainment of employment opportunities.

The motto, “women’s rights are human rights” has now spread worldwide. The impact of the slogan is in its simplicity. It can be concluded that customs and laws which refuse women equal life chances are an insult to their very humanity.

When we debate about women ‘s rights then, what we are debating is human rights.

The United Nations is dedicated to the principle of equality of men and women, meaning equality in their dignity and significance as human beings as well as equality in their rights, opportunities and responsibilities. In its work for the upliftment of the status of women, the entire United Nations system has dedicated itself to ensuring the Universal recognition, in law, of equality of rights between men and women and equal opportunities for men to be aware of them of their human rights and fundamental freedoms. Acknowledging women & men’s equality and eliminating all forms of discrimination against women are basic human rights and fundamental values of the United Nation.

Women all over the world, experience violations of their basic human rights throughout their lives, and such human rights of women have not always been a priority. Ensuring equality between women and men requires a comprehensive understanding of how women experience discrimination and are deprived of equality to develop the appropriate strategies and norms to eliminate such discrimination. Some groups of women experience different forms of discrimination, based on their age, ethnicity, nationality, religion, health status, marital status, education, disability, and socioeconomic status. These interrelated forms of discrimination must be taken into account when legislating measures and responses to confront discrimination against women.

The widespread gender bias, being derogatory to human dignity and human rights, has emerged as a fundamental crisis all over the world. Human rights can be taken as those minimum rights which every individual must have against the State or other public authority under of his being a member ‘of the human family, ignoring any other consideration.

There is interdependence between Democracy, development, respect for human rights, fundamental freedoms and mutual reinforcement. Human rights for women are an inalienable, integral, and indivisible part of human rights. The full development of personality, fundamental freedom, and equal participation by women in political, social, economic, and cultural scenarios are con commitments for international as well as national development, social and family stability, and economic cultural, and social, development. All forms of discrimination on grounds of gender are, thus, violations of fundamental freedom and human rights. Gender injustice and insensitiveness manifest themselves in the form of discrimination, crime, and violence against women.

Resisting discriminatory treatments is essential for the progress of women. Hence these should be given priority to the rights of women and promote their effective implementation.

Emphasizing this repression, the United Nations passed various instruments with a focus on women ‘s liberation and with the object of enhancing the dignity of women all over the world. The United Nations has come a long way from being a security agency to becoming an organization concerned with human rights, justice, and equality. In the scope of women ‘s issues, it has gathered enormous support whereby it has promoted and protected women’s rights and women ‘s empowerment. Throughout the world, the United Nations has prescribed minimum standards to be adopted by member countries for eradicating gender discrimination.

The advancement of the rights of women has been the concern of the world community since the end of the Second World War. The determination of the peoples of the United Nations, to reaffirm efforts in basic human rights, in the dignity and worth of the human being, in the equality of men and women, and to employ international machinery for the promotion of the economic and social development of the people is mentioned in the Preamble of U.N. Charter. Similarly, provisions are also incorporated in the Charter of the United Nations and other human rights instruments that provide for the protection and advancement of women’s rights.

Human rights are generally understood as rights that are inherent to all human beings. The notion of human rights acknowledges that each individual is empowered to exercise his or her rights without any type of discrimination regarding areas such as caste, faith, race, colour, gender, language, religion, political or other opinions, national or social origin, property, birth, background and status. Human rights are lawfully guaranteed by the national constitutions and laws, regional and international treaties, and documents. They safeguard individuals and groups against activities that impede the course of their fundamental freedom and human dignity.

The significance of human rights has been acknowledged concerning the following aspects, these are initiated on respect for the self-esteem and worth of each person. They are universal and are thus applied equally without any type of discriminatory treatment against anybody based on factors such as caste, creed, race, religion, occupation, and socio-economic background. Human rights are indisputable, in that they cannot be infringed, except in case of specific situations, such as, the right to liberty can be restricted if a person is found convicted of a crime by a court of law. Human rights are inseparable, interrelated, and interdependent; thus, it is inappropriate to respect some human rights and not others. In reality, the dignity of several other rights is affected by the violation of one right. All human rights should, therefore, be viewed as of equal importance and equally vital for the respect and worth of each person.

Human rights provide a beneficial, lawful and regulating framework, vocabulary, and form of direction for public health actions while improving the responsibility of governments. Human rights and public health have the same objective of encouraging and safeguarding the welfare of all individuals. Human rights must be promoted and protected to report the fundamental elements of health, including the empowerment of individuals and communities to respond to health challenges and ensure justifiably, and operative delivery of services.

SUGGESTIONS

1. Educating women from all backgrounds enables them to know their rights.

2. Running awareness programs to make women aware of their basic human rights.

3. Giving opportunities to women in socio-legal and political leadership at the ground level.

4. Implementing international conventions for women at all levels of Indian society.

5. Strengthening sanctions for violating women’s human rights at both national and international levels.

CONCLUSION

In the present existence, with the impact of modernization and the use of innovative methods, the rights of women have been acknowledged. Women are emerging professionals such as doctors, lawyers, teachers, educationists, managers, administrators, and so forth. The women, who belong to minority communities, are getting enrolled in educational institutions where they can learn to exercise their rights for the well-being of their parents as well as the community. Education is one of the weapons which enables the ability of a person to differentiate between right and wrong and allows him or her to strengthen their position in society. Educating women is benefitting society at large as they are not aware of the rights which they have been given by the lawmakers.

Humans are the being that can do anything in this world, they can choose to fight against oppression or can choose to silently endure it. This also implies to women whether to fight or endure it, to uplift or disgrace their status in the society and in this current world scenario only education & awareness is the most powerful weapon.

“A good head and good heart are always a formidable combination. But when you add to that a literate tongue or pen, then you have something very special”

-Nelson Mandela

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Legally Speaking

ON THE PLEA TO STAY THE RETIREMENT OF EXISTING MEMBERS UNTIL THE ACTUAL JOINING OF NEW MEMBERS, SUPREME COURT ISSUES NOTICE

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The Supreme Court in the case Central Administrative Tribunal (Principal Bench) Bar Association, New Delhi v Union of India & Or’s observed in a petition till all the vacancies which arose from 2019-2022 are filled by actual joining of candidates by putting a stay on the impending retirement of all the existing Judicial/ Administrative Members of CAT the court further issued the notice.

In the plea it was stated in the petition that although 35 Judicial Members including the Chairman and 35 Administrative Members cater to 19 benches and 8 circuit benches, many benches of the Tribunals have become non functional because of the retirement of members at regular intervals as it was Preferred by Central Administrative Tribunal (Principal Bench) Bar Association, New Delhi.

Furthermore, the petition stated the Jabalpur Bench, Cuttack Bench, Lucknow Bench, Jammu and Srinagar Bench are left with only one member either Judicial or Administrative because of which no division bench can be constituted there. As on 31st March, 2022, the Guwahati Bench has become totally non-functional as no Member is available there.

Justice Chandrachud stated by taking a note of the above submissions:

A bench can’t be constituted with one member.

Justice Chandrachud further asked to submit an up-to-date chart with regards to the number of members who are present in the various benches of CAT and ordered the counsel for the Central Administrative Tribunal (Principal Bench) Bar Association, New Delhi to do the same.

Justice Kant further added by taking a note of the above submissions:

The members whose term is likely now to expire in Future, give the details of those members.

The benches of the Central Administrative Tribunal will become non-functional if the aforesaid situation continues for a couple of more months, more than half of the sanctioned stated in the plea.

AOR Amita Singh Kalkal, has filled a plea before the Supreme Court.

The bench of comprising of Justice DY Chandrachud and the justice Surya Kant by making a note of the above submissions ordered to issue a notice and in addition the liberty to serve the Central Agency.

The bench ordered to comply with the same and listed the matter on 13th May.

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Supreme Court upholds disciplinary action against judicial officers for showing undue favour to a party in the worst kind of judicial dishonesty

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The Supreme Court in the case Muzaffar Hussain versus State of Uttar Pradesh observed a judicial officer in Uttar Pradesh for passing orders to unduly favour certain parties for taking against the disciplinary action.

The High Court reduced the punishment as curtailment of pensionary benefits by 70% and refused to interfere with the findings and the officer approached the Supreme Court for Challenging the High Court’s verdict.

A writ petition was filed before the High Court challenging the punishment by the officer. In 2005, the Allahabad High Court initiated disciplinary enquiry against him for misconduct and found the charges to be proved. On the recommendation made by the Full Court, the State of Uttar Pradesh imposed a punishment of curtailment of his pensionary benefits by 90% to join the Central Administrative Tribunal as a judicial member in 2003, the officer took Voluntary Retirement from Service.

Supreme Court observed while dismissing the appeal that the appellant had misconducted himself while discharging his duties as a judicial officer and there was enough material and evidence to show that. to unduly favour the subsequent purchasers of the acquired lands who had no right to claim compensation, and that such orders were actuated by corrupt motive, and had passed the judicial orders in utter disregard of the specific provisions of law.

The bench of Justice Bela Trivedi, an judgement authored noted:

the public servants are like fish in the water, none can say when and how a fish drank the water”. A judge must decide the case on the basis of the facts on record and the law applicable to the case and if he decides a case for extraneous reasons, then he is not performing his duties in accordance with law. As often quoted, a judge, like Caesar’s wife, must be above suspicion. The extraneous consideration for showing favour need not always be a monetary consideration further she said that In our opinion, showing undue favour to a party under the guise of passing judicial orders is the worst kind of judicial dishonesty and misconduct.

while being the Additional District Judge at Agra during 2001 to 2003, the officer named Muzaffar Hussain and the charge was that in a batch of land acquisition matters in violation of settled principles in order to unduly favour certain subsequent purchasers had exorbitantly enhanced the compensation.

Thereafter the Apex Court added that under Article 235 of the Constitution of India the High Court had perfectly justified in exercising its supervisory jurisdiction, under these circumstances.

The division bench comprising of justice DY Chandrachud and the justice Bela M Trivedi observed under the guise of passing judicial orders is the worst kind of judicial dishonesty and misconduct and that showing undue favour to a party.

The Court stated, the case must be decided by the Judge on the basis of the law applicable to the case and the facts on record. He is not performing his duties in accordance with law if he decides the case or extraneous reasons.

Supreme Court observed while dismissing the appeal that the appellant had misconducted himself while discharging his duties as a judicial officer and there was enough material and evidence to show that. to unduly favour the subsequent purchasers of the acquired lands who had no right to claim compensation, and that such orders were actuated by corrupt motive, and had passed the judicial orders in utter disregard of the specific provisions of law.

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ONCE CIRP IS ADMITTED AND MORATORIUM IS ORDERED THE SARFAESI PROCEEDINGS CANNOT BE CONTINUED AGAINST CORPORATE DEBTOR: SC

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The Supreme Court in the case Indian Overseas Bank vs RCM Infrastructure Ltd observed that once the CIRP is initiated and the moratorium is ordered, the proceedings under the SARFAESI Act cannot be continued.

the appellant Bank could not have continued the proceedings under the SARFAESI Act once the CIRP was initiated and the moratorium was ordered as Section 14(1)(c) of the IBC has an overriding effect interest created by the Corporate Debtor in respect of its property including any action under the SARFAESI Act is prohibited with respect to any other law, any action to foreclose, to recover or to enforce any security, the court observed in view of this provision.

It was further being observed and was stated clearly that once the CIRP is commenced, there is complete prohibition for any action created by the Corporate Debtor to foreclose, recover or enforce any security interest are prohibited with respect of its property. All the actions including any action under the SARFAESI Act to foreclose, to recover or to enforce any security interest are prohibited, after the CIRP initiate, the legislative point is clear at this, the bench observed while referring to Section 14 and Section 238 of the IBC.

The contentions made by bank: on 13th December 2018 and as such, and on 3rd January 2019 the admission of the petition by the learned NCLT would not affect the said sale as the sale in question was complete on its confirmation and further stated that it will not deprive the Bank from receiving the said money in pursuance to the sale which has already been completed, merely because a part of the payment was received subsequently after initiation of CIRP.

under Section 10 of the Insolvency and Bankruptcy Code, 2016, an application was filled by the Corporate Debtor before NCLT. On 03.01.2019, the NCLT admitted the petition and a moratorium was also notified the auction was continued by the bank the auction proceedings and accepted the balance 75% of the bid amount and completed the sale, even after that. The NCLT passed an order setting aside the sale, while allowing the application filled by the Corporate Debtor and the appeal filled by the Bank was dismissed by the Bank and thereafter the bank approached the Apex Court. As to recover the public money availed by the Corporate Debtor, an E-­auction notice came to be issued by the Bank.

The bench comprising of Justice L. Nageswara Rao and the justice B R Gavai observed that in respect of its property including any action under the SARFAESI Act is prohibited in such a situation, any action to foreclose, to recover or to enforce any security interest created by the Corporate Debtor.

The contentions made by bank: on 13th December 2018 and as such, and on 3rd January 2019 the admission of the petition by the learned NCLT would not affect the said sale as the sale in question was complete on its confirmation and further stated that it will not deprive the Bank from receiving the said money in pursuance to the sale which has already been completed, merely because a part of the payment was received subsequently after initiation of CIRP.

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Supreme Court pulls up the state of Kerala for challenging the seniority of upper division clerk

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The Supreme Court in the case The State of Kerala and Or’s. V. Subeer N.S. And Anr observed assailing the Kerala High Court’s order of affirming the seniority of an upper division clerk for filling a Special Leave Petition pulled up the State of Kerala.

The Government lost sight of these aspects while issuing Annexure-A13 order ratifying Annexure-A10 decision of the Director of Public Instruction on Annexure-A5 complaint was undertaken by the Director of Public Instruction, who has no authority to take a decision invoking Rule 27B of Part II KS & SSR based on the review of the Seniority the Director of Public Instruction and the Government while issuing the impugned orders, none of these aspects wee considered to Annexure-A3 final seniority list also by any of the aggrieved persons except a bogus complaint submitted as Annexure A5, that too almost 3 years after the finalization of the seniority list and there was no objection and further there was no objections to the rank and seniority assigned to the applicant in the provisional seniority list. the said seniority is finalized after publishing a provisional seniority list and inviting objections if any to the same as early as on 8th March 2009., the bench observed While affirming the view by KAT.

The said mistake was brought to the notice of the authorities, necessary corrective action was taken and the applicant’s seniority was reassigned based on his eligibility on the part of the controlling officer it is only by a mistake that he was granted promotion and was assigned the rank in the seniority list, the counsel said to further persuade the bench.

The Bench of Justice Chandrachud remarked that if the counsel feels there is an error you must rectify the error correctly and there was no fraud on his part and all this must be due on a reasonable dispatch.

The bench comprising of Justice DY Chandrachud further observed and noted when the matter was called upon hearing before the bench that the State is here challenging it the bench further remarked by saying that why don’t you do something better? Build schools, roads or infrastructure as one upper division clerk has got seniority.

respondent’s seniority was revised to the date on which he rejoined duty after the leave and the respondent was on leave without allowance at the time of his promotion as U.D Clerk, the counsel appearing for the State contended before the Court.

The Bench comprising of Justice DY Chandrachud and the justice Surya Kant orally remarked while dismissing the SLP against the order dated 01.17.2022., We are not a court of law but a court of justice as well.

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A PLEA IN SUPREME COURT CHALLENGES THE CHANGED NEET-SS 2022 EXAM PATTERN

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The Supreme Court in the case Dr Richa Verma v. National Board of Examination observed the changed examination pattern which would now be comprising of 150 questions from the general i.e., the basic component of the primary feeder broad specialty subject and from all sub- specialty/systems/component of that primary feeder broad specialty subject. A plea filled in the Supreme Court by MD Radiation Oncologists and MD Anaesthesiologists NEET SS 2022 aspirant.

the petitioners have sought issuance of directions to restrain the NBE from excluding / MD Radiotherapy from the eligible feeder specialties for the super specialty course of DM Medical Oncology for NEET SS 2022 and have further sought for restoring the scheme/pattern for the exam further the petitioner deleting the MD Radiation Oncology, against this backdrop.

On 05.10.2021 the Central Government had told the Court that the revised pattern will be implemented only from next year and it may be noted that over the eleventh-hour changes brought to the NEET-SS 2021 pattern after facing the harsh criticism from the Supreme Court.

The petition further states that they will have to compete with candidates who have 100% questions from their postgraduate syllabus/ broad specialty as the new examination scheme is making some candidates write a paper which has no questions from their postgraduate broad specialty.

particularly in favor of MD Medicine in so far as the choice of options is far greater vis-a-vis the choices available to either MD Radiation Oncology or MD Anaesthesia, the pattern is not just a waste of time and effort for all those who have prepared for Critical Care but also grossly biased against few broad specialties and of the other four post-graduate branches there will be no questions from broad specialties.

This is complete waste of time, resources and effort put by the candidates who have been preparing for a super speciality subject for years as it is arbitrarily, illogical, highly partial and unreasonable, while terming the change in pattern, the contentions made by the petitioner.

the new pattern was forcing all the candidates from the broad specialties to write a single paper which will have 100% questions from General Medicine, stated by the petitioner. Furthermore, contending that the erstwhile pattern had a paper with 40% mixed questions from all the broad specialties and 60% questions from Critical Care (i.e., the super-specialty subject) which had ensured a level playing field.

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THE CRIMINAL PROCEEDINGS UNDER SECTION 482 OF THE CRPC CANNOT BE QUASHED MERELY ON THE GROUND THAT NO USEFUL PURPOSE WILL BE SERVED: SUPREME COURT

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The Supreme Court in the case Satish Kumar Jatav vs State of Uttar Pradesh observed that while by prolonging the proceedings of the case, the criminal proceedings cannot be quashed. As when a clear case is made for the offence alleged on the ground that no useful purpose will be served.

under Sections 307, 504, 506 of the IPC and 9 Section 3(10)(15) of the Act, the serious allegations for the offences were made and while considering the application under Section 482 Cr.P.C. and quashing the criminal proceedings for the aforesaid offences, the High Court ought to have been more cautious and circumspect. on how the order passed by the learned Magistrate summoning the accused was wrong and/or erroneous, has not at all being allowed by the High Court. the application under Section 482 Cr.P.C. and has quashed the criminal proceedings is deprecated in the manner in which the High Court has disposed of further the High Court has observed in the proceedings of the case that no useful purpose will be served. The aforesaid cannot be a good ground and/or a ground at all to quash the criminal proceedings when a clear case was made out for the offences alleged, appeared while quashing the criminal proceedings by the High Court even for the impugned order passed, the bench overserved while allowing the appeal.

The application under Section 482 Cr.P.C The manner in which the High Court has disposed and quashed the criminal proceedings is not appreciated at all Furthermore the Court has emphasized that the High Court must pass a speaking and reasoned order in such matters. The same has been set aside by the High Court in a most cursory and casual manner.

The allegations made against the accused persons and even on the legality and validity of the order passed by the Magistrate summoning the accused, has not been discussed by the High Court the Court noted.

The appellant contended that there are no reasons whatsoever have been assigned while quashing the criminal proceedings and further the appellant contended that there is no independent application of mind by the High Court. The respondent defended the impugned order, on the other hand before the Apex Court.

the Allahabad High Court quashed the criminal proceedings merely opining that “that no useful purpose shall be served by prolonging the proceedings of the case, while allowing the petition filled by the accused challenging this order and the offences punishable under Sections 307, 504, 506 of the Indian Penal Code and Section 3(10)(15) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the accused to face the trial the Magistrate summoned the accused in the present case.

The bench comprising of Justice MR Shah and the justice BV Nagarathna observed and reiterated under Section 482 of the Code of Criminal Procedure that a High Court must pass a speaking and reasoned order while disposing petitions.

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