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Dear Friends and comrades,
I think we should look at the concept oh human right in it's proper
political historical and theritical context the human rights discourse or
the denial of human rights in India should be seen in the context of
incomplete modernities or fractured modernity of the post coloniel
trajectory probably thet is why many of the communist parties talk about
democratic revolution in India the entire demands of the Human rights in
india are nothing diferent from the declarations of the french revolution
and american bill of rights adopted centuries ago afrticle 21 of Indian
constitution doesn't make any sense as long as there are strong feudal
remants in the country which makes a mockery of the french revolution the
american bill of rights united nations charter and the Indian constitution
therefore before we talk about human rights all the liberal democrats and
socialist revolutionaries shopuld join hands to wipe out frudal remanents
that means giving a decisive fights to patriorchy and bramanichal order then
only India can be launched intro modernist trajectory otherwsie the whole
discourse of human right does not make any sense it can be a good NGO
career  it is also high time we sriously look at the greatness of the indian
constitution in any any class society its constitution will also be a class
document the postcolonial capital accumelation was carried through the
instrumentalities of the indian constitution despite the prtentious
declaration of the directive priciples of state policies therefore under
socialism the present discourse  on human rights will lose all meanings
because the entire present discourse on human rights is is centred around
the capitalist nation states guarenteeing the rights of citizens without any
way affecting the class power if we can separate class power from state
power as ralph miliband explained years ago
asit



>
>
> The essential struggle for human rights is
> ·     To find protection against all actual and potential abuse of power;
> and
> ·     To secure the fundamental freedoms and basic entitlements that
> follow from respect for everyone's basic human dignity.
>
> The human rights-based approach sees rights more as they really are:
> ·     An ongoing collective human struggle, involving dynamic processes of
> resistance and change that engage and transform unequal relations of
> power;
> ·     Rights can only be achieved through the involvement and empowerment
> of the community as a whole, particularly those whose rights are most
> violated; and
> ·     Grounded in people's needs. They use the normative human rights
> standards as powerful, political resources for transformative,
> action-oriented political change.
>
> The human rights-based approach does not begin from
> ·     Human rights as defined in the international human rights framework
> that Governments have committed themselves to; and
> ·     Even national or regional legal instruments.
>
> The human rights-based approach starts and moves from
> ·     People themselves, as they come to identify themselves as rights
> holders, and their day-to-day reality.
>
> The human rights-based approach provides tools for these communities:
> ·     To define themselves what are their fundamental needs to respect and
> protect their basic human dignity that are not being met;
> ·     To identify who is responsible for this and analyze the possible
> entry points for action; and
> ·     To take action, formal and informal, to change the conditions
> preventing the satisfaction of these needs.
>
> - People move from being the object of service to being the subject of
> their own destiny.-
>
> The human rights-based approach accepts that
> ·     Human rights may not be entrenched within an accessible, independent
> and effective legal system where citizens can readily make claims; and
> ·     There may be social, cultural and political realities that prevent
> people from being able to make claims, even where there is an enforceable
> legal system.
>
> The human rights-based approach seeks
> ·     To move beyond these formal mechanisms of protection
> ·     To engage in a broader struggle.
>
> This struggle involves
> ·     A process of confrontation against and transformation of unequal
> power ideologies, relationships and structures that deny rights.
>
> Some key tools in human rights-based approach are to:
> ·     Recognize and accept the oppressed as the central actors in the
> process of change;
> ·     Engage in protest, resistance and struggle wherever use of power
> affects peoples' capabilities to sustain people's daily livelihoods;
> ·     Negotiate responsibilities with authorities at different levels to
> change the adverse power equation;
> ·     Confront not just the State, but also other actors whose action
> impinges on people's basic human rights, including corporations, businesses,
> traditional leaders and development agencies; and
> ·     Run creative judicial interventions to challenge the system.
> ·     Human rights based strategies are critical to move beyond the
> traditional ineffective and often dubious protest-oriented and monitoring
> approach to human rights strategies;
> ·     These human rights based strategies seek to present concrete
> alternatives grounded in people's needs and mobilization. These alternatives
> aim towards sustainable solutions, to re-characterise the State, and other
> duty-bearers, and re-negotiate their engagement with the people.
>
>

-- 
ANAND KUMAR
Contact : 0755 4058671
c/o Yuva Samvad, B-16, Minal Enclave
Gulmohar-3, E-8, Arera Colny,
Bhopal (Madhya Pradesh.)

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