HUMAN RIGHTS EDUCATION IN INDIA: A BRIEF STUDY; Rahul Yadav; ryrahulyadav07@gmail.com.

ABSTRACT

Human Rights Education is defined as “the learning of law of human rights, its history, theory, etc.” Education is necessary to develop human personality and it is helpful to strengthen human rights & fundamental freedom of the individual.

This article accentuates on the importance of human rights education in a student’s career. In, India, UNESCO has a role in human rights laws. It talks about the Indian human rights education system and UDHR’s (Universal Declaration of Human Rights) provisions support it & UNESCO provides guidelines in the context of Human Rights in India.

Further, this article will focus on the need for human rights education in India and talks about its requirement in changing and challenging society. This article will discuss a brief study of national education commissions and national education policies derived by Indian Parliament. It will conclude by stating that human rights education should be compulsory in the Indian education system both schooling and higher education.

Key Words: Education, Human Rights, Fundamental Freedom, International Conventions, NEP

INTRODUCTION

Human Rights Starts with Breakfast: Leopold Senghor[1]

The rights which are made for human beings, all human beings are entitled to get fundamental freedom and basic rights, such basic rights considered as human rights. Acc. to the United Nations Declaration on Human Rights, it was considered that human rights include:

- Civil and Political Rights

- Social Rights

- Cultural and Economic Rights, etc[2].

It also includes such basic rights like as fundamental rights which were earlier described in ‘Bill of Rights[3]’ of the USA and ‘Megna Carta[4]’ of UK-legislated by King Charles II[5]. Moral Rights provides a systematic symbol of Human Beings. Human Rights provides person such legal or constitutional rights which feel like a human right; (Human will fell as Human, not an animal). It shall promote peace, friendship, tolerance, and understanding among all nations. It shall promote peace between racial and religious groups.

OBJECTIVE

Acc. to Universal Declaration of Human Rights, “The main objective to get a common standard of achievement for all nations and its peoples. And all provisions of the declaration shall strive by teaching and education to promote respect for these rights and freedom; and to secure their universal and effective recognition and observance[6].”

The learning objectives of human rights education are, to learn about human rights, to learning for human rights and learning through and learning about human rights. Human rights education aims to do the following:

· Enhance the knowledge and understanding of human rights.

· Foster attitudes of tolerance, respect, solidarity, and responsibility.

· Develop awareness of how human rights can be translated into social and political reality.

· Develop skills for protecting human rights.

HUMAN RIGHTS EDUCATION: A MOVEMENT

Human rights education has become a burning topic for learners, researcher as well as teachers. Human right education has many varieties and continually changing the field and respond to the development of world society. Nowadays, in-classroom human rights education discusses with various names like Conflict Resolution, Multicultural Education, Development Education, World Order Studied, Environment Studies & ADR, Restorative Justice Education

By this, we can detect the causes of social injustice, conflict, and war-threat, etc. these topics connect with the preventive education when prevention comes for social injustice, conflict, and war-threat, etc. like problems. But these topic help to establish peace and secure the social norms of the society which may be dangerous in conflicts.

WHAT CAN BE EDUCATED IN HUMAN RIGHTS?

A piece of vital information about human rights can be used for teaching, like that to teach about the responsibility of the nation, parents, democracy, etc. are many areas that can be used as study material for human rights education. Different views of societies, social & religious groups upon Human Rights and Experiences of the researchers about such rights; and it shall be supported by the social changes & historical events that are necessary to develop a great nation.

Human Rights Education is not a just name & topic but it is interconnected with many other areas like that-

· Gender Education

· Social & Moral Education

· Citizenship Education

· Peace

· Sustainable Development

· Anti-Racism

· Inter Cultural Education, etc.

Three dimensions to the promotion of human rights education in human beings:

· Knowledge which helps to provide information about human rights and such mechanisms that stay to protect those rights.

· By the development of values, beliefs, and attitudes which promote the human rights culture.

· Awareness programs which will encourage people to prevent human rights abuse and defend human rights.

LEGAL FOUNDATION FOR THE RIGHTS TO EDUCATION

INTERNATIONAL: UDHR[7] & UNESCO[8]: -

Acc. to Art. 26 of UDHR, everyone has the right to education. Education must be free to all individuals at elementary and fundamental stages. Elementary education should be made available to all and higher education should be on the basis of merit. Education is the tool that is necessary for the development of the human personality and helpful to the strengthening of respect for fundamental freedom and human rights for individuals. Parents of the children have the right to choose what kind of education shall be given to their children. This article also highlighted peace among the nations and education shall promote tolerance, understanding among the nations and grow up the friendship between nations and racial& religious groups.[9]

Human rights created with birth & no one deprived these rights of the individual; International covenant on civil & political rights talks about child rights against discrimination on the name of the race, colour, sex, language, religion, origin, property, birth, etc.[10] These political rights are secured under Part III of the Indian Constitution and Judiciary is the sole protector of these rights. It is the right of every child that after his birth he shall be registered and have a name. It is the right of every child to acquire a nationality.

Acc. to Art. 13 of the International Covenant on Economic, Social and Cultural Rights: - The states which are the party of this covenant shall recognise the right of education for everyone. The states agree on the human rights education issue; direct the development of human personality and ensure its dignity, and they shall strengthen the respect for fundamental freedom of individual and human rights. Then, the states agreed that education shall enable the participation of all persons effectively in society. And all states agreed to promote understanding, tolerance, and friendship among all groups (racial, ethnic, or religious) and all nations, and maintain the peace between all United Nations states. The state parties to the present Covenant recognise that with a view to achieving the full realisation of this right: -

a. Education at the primary level shall be compulsory and free for all children.

b. Secondary education will be provided in two forms; first is technical secondary education and second is vocational secondary education, shall be made available to all individuals, and introduced the progressive introduction of free education.

c. Higher education on the basis of capacity for free education shall be made equally accessible to all.

d. The individuals who have not completed their primary education provide them with basic fundamental education.

For better education at all levels; there should be introduced fellowship programs and improve material conditions of teaching staff on a regular basis. [11]

It is clear that primary education is compulsory and all people of member states have the right to get the education at primary state. It is an obligation on the states to make which makes compulsory primary education.

Declaration on the right and responsibility of individuals, groups, and organs of society to promote and protect universally recognised Human Rights and Fundamental Freedom. Art. 15 of this declaration clearly describes the responsibility of the state has to promote and facilitate the teaching of human rights and fundamental freedom at all levels of education and to ensure that all those responsible for training lawyers, law enforcement officials include appropriate elements of human rights teaching in their training program.

UNESCO on human rights education is an integral part of the rights to education and is gaining recognition increasingly as a human right in itself. Knowledge about rights and freedom is considered a fundamental tool to respect guarantee for the rights of all.

Vienna Declaration and Programme of Action, 1993 emphasises human rights education and calls on all states and institutions to include human humanitarian law, democracy, and rule of law as subjects in the curriculum of all learning institutions in a formal and non-formal setting.[12]

INDIAN ASPECT

India has a large population and largest democracy so that if the republic government is not aware of the protection of an individual’s human rights, it can be a danger for the democracy. For securing democracy in India, human rights education should be compulsory, through this, peoples will aware of their basic rights.

CONSTITUTION OF INDIA & ACT BY PARLIAMENT FOR EDUCATION: -

Constitution of India nothing tells about human rights directly but it deals with these rights through fundamental rights and directive principle of state policy (DPSP) described respectively in part III and part IV. Acc. to UDHR, every person in the world has education right which means basic education should be given to every person. The Preamble of Indian Constitution talks about equality, liberty, and dignity of an individual, which means the Indian Constitution’s basic objective is to secure the rights of its citizen.[13] In Minerva Mills vs Union of India[14], Supreme Court of India clearly said that preamble describes the soul motto of the constitution and legislature has no power to amend its basic structure. So, education is the only key by which we can aware of the peoples about their basic and fundamental rights which came into existence with their birth.

Indian Education Commission has recommended policies for human rights education in India, which are: -

University Education Commission: In 1948, the Indian government appointed a commission under the chairmanship of Dr. Radhakrishnan. The commission submitted its report in August 1949 and recommended various steps for higher education. It described the duties and responsibilities of the universities for developing skilled minds for the nation.

Secondary Education Commission: The government of India in September 1952 appointed a commission under the chairmanship of Dr. A. Lakshmanswami Mudaliar. Commission’s main objectives were the development of democratic citizenship, development of personalities, education for leadership, the concept of world citizenship, the introduction of basic knowledge related to societies and human beings' surroundings.

Kothari Commission:[15] Indian Education Commission which was popularly known as Kothari commission appointed under the chairmanship of Daulat Singh Kothari in July 1964. The commission submitted its report on 29 June 1966. The Kothari commission recommended 22 major recommendations in the education system like that equalisation of educational opportunity, educational structure, improvement in methods of teaching, quality of text books, teachers’ education and etc.

The Indian government introduced the national policies for education in 1968; which was on the basis of recommendation given by education commission (1964-1966). These policies were called for compulsory education for all children up to the age of 14 years and talked about better training for teachers and quality education.[16] These policies focused on the ‘three language formula’. Then govt. further introduced other national policies for education in 1986 which was focused on girl child transformation, up gradation of backward classes, the special school for mentally and physically challenged students, education for tribal people, admission on the merit list in higher education, etc.

After that Indian Parliament established new commissions; one in 1992 under the chairmanship of Acharya Ramamurti for evaluating the progress of national education policies[17]and further, in the headship of S.B. Chavan, Chavan Committee recommended value based education which includes truth, righteous conduct, peace, love, and non-violence; these five are the universal values; these views similar to the recommendation is given by the Kothari Commission.[18]

On the recommendation of the law commission of India, The Indian parliament passed an amendment bill in 2002[19]which provides free and compulsory education for the children age of 6 to 14 years as a fundamental right and such right is inserted in Part III of the Constitution of India by adding additional Art.21A. The Indian Parliament also inserted an additional duty for the parents under Art. 51A; which creates an obligation on the parents to provide education to their children age 6 to 14 years but such duty isn’t under legal obligation.[20]

NATIONAL EDUCTION POLICY

Indian Parliament introduced the national policies for secondary education and higher education in 1969 and 1986, which was the result of the various education commission like University education commission in 1949, Secondary education commission in 1952, Kothari commission in 1964, and so many as. These policies were on equalisation of educational opportunity.

The recommendations were given by National Education Policy(NEP), 1986:

· To provide good educational facilities for rural areas and other backward classes.

· Schools were suggested that admission should be on the merit list.

· To educate the girl child for accelerating the social transformation.

· Provide basic education in the tribal areas.

· Special school for the mentally challenged students.[21]

MODEL OF HUMAN RIGHTS EDUCATION

There are three models of Human Rights Education is generally used in the world including India.

1. Awareness & Value Model

2. Accountability Model

3. Transformation Model

These 3 have different approaches; the awareness model highlights basic knowledge of human rights issues and to promote the growth of human rights integration into public values. The value & awareness model includes health and hygiene issues, environmental issues, and consumer rights matter. The accountability model is related to a political approach as well as a legal approach, in which it covers the area of the case study, codes of ethics, media dealing, transparency in the system, the right to information, training & networking, etc. The transformation model is more effective than the other two. This model has a psychological and sociological approach & its main objective to empower the individual. It talks about stop abuse.

NEED OF HUMAN RIGHTS EDUCATION IN INDIA

Nowadays, moral and ethical values in the education system of India is declining; results, we saw in recent years; a fifteen years old student killed his Hindi teacher in Chennai & In last year two school students killed their principle and same in 2017, in Delhi, two minor school students murdered their school principal. It shows that our education system completely lost its norms & ethical values. It is very harmful to the democracy & dignity of individuals; which are covered by human rights as well as constitutional rights; so, that In India, it is strongly recommended to add human rights education as a subject at the primary level as well as in higher education.

Knowledge is the best defence for human beings to protect the violation of their rights; education is the basic source which will provide information about human rights. Learning about one’s rights which build about others’ rights and which helps to establish a peaceful and tolerant society. The promotion of human rights can be fulfilled with the mass awareness program about human rights issues. Due to these programs, we will get help to reduce the violence of Human rights.

The National Human Rights Commission of India; the Indian Institute for Peace, Disarmament and Environmental Protection (IIPDEP); and many NGOs have launched a public information campaign for human rights countrywide. Its main objectives to make everyone more conscious of human rights and fundamental freedoms, and better equipped to stand up for them. At the same time, the campaign spreads knowledge of the means which exist at the international and national levels to promote and protect human rights and fundamental freedoms.

IIPDEP[22] and many NGOs work to make school authorities and the general public aware of civic education and to know about their birth rights. They focus on developing knowledge, skills, and attitudes needed to apply fundamental human rights and freedom and, consequently, the non-violent resolution of conflict.[23]

CONCLUSION:

Any education to be effective needs to be contextualized too. Thus, it is not enough to teach abstract principles of human rights taken from United Nations’ documents or our Constitutions. Human rights can’t define in a single word, these start with birth and stand till death and these rights are the collaboration of the born rights, environmental rights, education rights, living rights, equality, freedom, the right to die, etc. which can be connected to human beings. Everyone who born have right to life on the earth and this right includes right to get food, right to inhale fresh air, right to get the education: so, the education is necessary for the all human beings and the state has a duty to provide basic education to their citizens. United nations also compel the nations to provide basic education about human rights at primary, secondary and higher education level. Indian Constitution also secures the rights of the individuals as fundamental rights and provides the obligation on the state as the directive principle of state policies. Many awareness programs run by the Human Rights Commission of India with the help of the UN. The motto of the commission is to secure the basic rights for everyone. At the end, I can say that human rights education has a vital area for research and these educational rights should be added in the educational system followed by the states.