Opinion: ‘Terrorism, corruption threaten our rights’

Laws are the codified legal system as accepted by the society of the times. Laws are dynamic; undergoing change to suit the needs of society within a framework. Moral values have a strong influence on the legal system. In the Indian context, laws have to adhere to basic structure of the constitution which are the fundamental rights as enshrined in part III of the Constitution.

Laws as in statute are interpreted in various judicial pronouncements while deciding cases brought before the courts. The goings on in society and sentiments of the people at large influence the judicial pronouncements. Implementation of the law and its enforcement is always a challenge to the administration. Consequently, a lot of time is consumed on issues relating to Administrative law.

With regards to implementation of laws, and their enforcement in different countries, it is remarked in lighter vein that in Germany “Everything is prohibited except those which are permitted”; in France, “Everything is permitted except those prohibited”; in Russia “Everything is prohibited including those permitted”; in Italy, “Everything is permitted particularly those which are prohibited”; and in India “Everything is prohibited or permitted depending upon who, where, what and when!”

The legal system has to necessarily protect the basic Human Rights of the people. More often than not, people are unaware of their rights. Life, liberty, equality and dignity are fundamental Human rights. The date that just went by – December 10th – was observed as International Human Rights day as it was on this day in 1948 that the UN General Assembly adopted the Covenant on Human Rights presented by the committee under the chairmanship of Eleanor Roosevelt specially constituted to give framework for protection of human dignity, appalled at the ravages of the two world wars which wrought untold misery on mankind, resulting in the death of millions.

The international track record of respecting Human Rights leaves much to be desired and the laudatory principles laid down in the thirty Articles of the Human Rights Covenant are more honoured in breach than in observance.

‘Stand up for your rights’ is the slogan given this year by the United Nations council on Human rights – the UN gives a theme every year to create awareness on Human Rights. The two important issues that pose a threat to our rights are terrorism and corruption. 

There are two kinds of terrorism – home grown and trans border. Terrorists have no national boundaries and the all-pervasive digital technology has come as handy tool for anti-socials to spread hatred and spew venom. Terrorists pose themselves as nationalists and in the destruction, the victims are common citizens. Many countries, in order to counter the threat, are taking the extreme step of closed-door policy of restricting immigrants.

At present, with many of the developed countries having an ageing population, there is a need for young working hands which only developing countries– mostly Asian and African – can provide.

Many of the western countries colonised Asia and Africa imposing their culture and language but now it is pay-back time when these nationals from developing countries are knocking the doors of developed countries for jobs and livelihood. Refusal will only result in illegal human trafficking, and a serious human rights violation.

The US is a land of immigrants, as it began with a pilgrimage of a batch of evangelists travelled to the land unknown. Soon hordes of people from Europe and Britain set out to the promised land of opportunities.

Native Indians in America have virtually disappeared thanks to this massive immigration. Having built roots, the settlers are now shutting the doors for neo-immigrants– restriction is now being imposed on work permits, resulting in deserving people losing jobs, which is another form of Human Rights violation.

The UN has rightly identified this problem and has organised a meeting of member countries on December 8th to 11th at Marrakech in Morocco, in which 164 member countries discuss the UN Global Migration pact. 

This pact for safe, orderly, regular migration is designed to enhance safety and order in migration management and prevents recourse to dangerous migratory routes. It seeks to maximise benefits of human mobility and to ensure that migration everywhere should be treated with dignity.

India has its own problem of migrant labour from Bangladesh through porous land border. Within our country, labour from states like Bihar, Jharkhand, Orissa migrate to several metro cities and work under adverse conditions, leaving their family back home or staying with them at the work site with poor living conditions. Do we give a thought to them? These are such Human Rights issues which should get due attention.

Corruption is considered the mother of all rights’ violation as it affects development in multiple ways, barricading benefits from reaching the poor. In countries like China, Singapore and cities like Hongkong, the issue of corruption was dealt with a firm hand, ensuring exemplary punishment. 

Singapore enacted a new anticorruption legislation, bestowing real power on the anticorruption bureau and instituted harsh jail terms for those caught taking bribes. In 1986, Lee’s Minister of National Development, was investigated for accepting kickbacks from two real-estate developers. He killed himself fearing the consequences and wrote in a suicide note addressed to Lee Kuan Yew, “It is only right that I should pay the highest penalty for my mistake.”

In India, the legal system is slow with several levels of appeal and ultimately, for crimes of corruption, a semblance of punishment is meted out. Wealth amassed through corrupt means remain untouched and after safe confinement in prison, the culprit comes out quietly to enjoy the ill-gotten wealth!

 The National Human Rights commission has flagged Food Security, Right to Housing, Right to Comprehensive Health, Right to Custodial Care as equally important to the Right to Life. Dignified treatment is what we, as citizens, should demand. We must question if our rights are violated.

Remaining silent on grounds of neutrality or fear in the face of injustice is a danger. Let us not forget the chilling words of Martin Luther King – “Injustice anywhere is a threat to justice everywhere.”