Calling India a socialist, secular, democratic republic, Chairperson of the National Human Rights Commission (NHRC), Justice Arun Mishra, on Tuesday said that the Constitution of the country was the first to reflect the ideals of human rights.
Delivering the 16th Dr. Ambedkar Memorial Lecture at the Indian Institute of Public Administration, New Delhi, Justice Mishra said the Indian Constitution was also the first Constitution in the world to bifurcate the justiciable (civil and political rights as Fundamental Rights) and non-justiciable (economic, social and cultural rights as Directive Principles of State Policy) rights.
Speaking on “Dr. B. R. Ambedkar’s Vision and Legacy for Shaping Viksit Bharat @ 2047”, he said the Indian Constitution was also the first Constitution in the World to bifurcate between the justiciable (civil and political rights as Fundamental Rights) and non-justiciable (economic, social and cultural rights as Directive Principles of State Policy).
He said Dr. Bhim Rao Ambedkar was the principal architect of the Indian Constitution. He had extensive knowledge of global constitutions. He was a towering figure in India’s freedom struggle. His vision offer significant insights for shaping Viksit Bharat by 2047, which marks the centenary of India’s independence. The 133rd anniversary of his birth commemorated the moral force that drove the immortal spirit.
Dr. Ambedkar fought for creating a just homogenous society in a diverse country like India with liberty, equality, and fraternity as cherished value.
He said Ambedkar’s newspaper, “Prabuddh Bharat” indicated his rationality, science, and equitable social relations.
Ambedkar aimed to dismantle the oppressive caste system and uplift the marginalized sections of society. Self-respect and dignity which is part of right to life in Article 21. He fought for individual upliftment regardless of social status, noted Justice Mishra.
He said Dr. Ambedkar forcefully argued adoption of family planning as a national policy to address demographic challenges. He envisaged economic development, social justice, labour and agricultural reforms. He played an instrumental role in establishing monetary institutions like the Reserve Bank of India. He visualised the importance of water resource management and was catalyst for river valley projects, added Justice Mishra.
He said Dr Ambedkar envisaged economic development, social justice, labour and agricultural reforms. He played instrumental role in establishing monetary institutions like the Reserve Bank of India. He visualized the importance of water resource management and was a catalyst for river valley projects.
The Constitution of India has withstood the test of time and was a monumental document of national renewal by social engineering. It has resulted in a healthy and vibrant democracy. It aimed to fulfil the socio-economic aspirations of the common man and ensured the betterment of individuals as an integral part of society. It provided “justice”-social, economic and political. As propounded by the founding fathers of the country, political freedom shall carry no meaning without economic equality and Social Justice, Justice Mishra noted.
The NHRC Chairperson said that the Constitution was the past, present, and future of the country. Its tryst with destiny was to remove the disparity, ignorance, illiteracy, and poverty and ensure education for all.
As per Justice Mishra, the government was accountable to the people. With the help of the Right to Information Act, the concept of openness and transparency of governance has been developed.Stating that the culture of the country was very precious, he saud the sweep of the right to life in Article 21 included all aspects of a modern life, a person’s traditions, culture and history. As a result, it safeguarded the cultural heritage.
He said the culture of the country was based on assimilation. Sanatan Dharma has assimilated Hinduism, Buddhism, Jainism, Islam, Sikhism, and Parsi cultures, which was its strength, not weakness. Indians lived in multiculturalism and unity in diversity, and there was the freedom to profess the religion of one’s choice. Considering the history and philosophy, one could say that Bharat was tolerant. The autonomy of minorities and linguistic groups has been constitutionally safeguarded.India had a cultural philosophy, where Mundaka Upanishad said ‘Satyamev Jayate’, which meant truth alone triumphed, an expression which found a place in the national emblem of the country.
As per Justice Mishra, Baba Saheb Ambedkar envisaged the positive aspects of constitutionalism in the form of various social welfare measures by the State, ensuring socio-economic emancipation and ensuring that material resources of the community were not concentrated in a few hands.
Providing compensatory distributive justice to the needy as a corrective measure to those who have suffered injustice from generation to generation was obligatory upon the State in contradistinction to equal distribution of benefits.Distributive justice based on need was secured by agrarian reforms and social welfare schemes to fulfil the aspiration of the last person in the queue.
The provision of corporate social responsibility has been incorporated under Section 135 of the Companies Act, which has carried forward spirit of Article 38/39 of the Constitution that ensured creation of an equitable social order, distribution of wealth and eradication of poverty.
Justice Mishra said the general announcement of freebies for everyone in the election must be pondered upon whether it furthered directive principles or thwarted their objectives. Considering the limited fund resources required for other purposes, including distributive justice for poor, it may hamper development itself, he added.
He said there cannot be arbitrary distribution of benefits and State largesse and self-created bankruptcy was no defence to carry out statutory duties and civil obligations.Similarly, Directive Principles enumerated in Part IV were fundamental in governance, which overrode, to some extent, an individual’s rights for the betterment of the collective good. Brihadaranyaka Upanishads also aimed at collective good and universal human well-being.
The diversity required development strategies to be tailored to the requirements of each class. An individual has a right to live and a right to live better so that one was the Lord of his fate and shaper of his destiny.
The NHRC Chairperson said that Dr. Ambedkar carried forward the concept of equality of Rigveda, which was fundamental to human rights. Rigveda goes beyond the realm of equality defined in UDHR. It instead urged oneness in all resolutions and actions.The right to equality was the essence of human rights. Nobody can be discriminated against or deprived of justice due to economic or other disability. The cry for justice cannot be ignored and overlooked.
The State provided free legal assistance to needy people, which was essential for a reasonable, fair and just procedure.Terming reservation as a very effective tool for emancipating the oppressed class, Justice Mishra said the benefit, by and large, was yet to reach the neediest and poorest of the poor. It has not been possible to trickle down the benefit of reservation to the lowest. There was inequality between various castes included within the list of SCs/STs.
The benefit was being usurped by those castes (class) who had come up socially and adequately represented in services. In case of hunger, every person must be fed by providing bread. The entire basket of fruits cannot be given to the one. By affirmative action, the benefit of reservation has to be provided to those who still deprived of it to achieve vision of Viksit Bharat 2047.
Justice Mishra said that Dr. Ambedkar demanded reservations for OBCs. Although reservation for OBC was implemented following the Mandal Commission in the 1990s, Babasaheb Ambedkar paved the way for them in 1952 in the form of Kaka Kalekar’s recommendations.
He condemned the caste system and advocated for its abolition. Despite progress, caste-based inequalities were persisting in India. It was important to create a casteless homogenous society.The right to life has been held to include the right to a decent shelter for the have-nots; night shelters have been built. Free houses were being provided under PM Awas Yojna, noted the NHRC Chairperson.
He said Part IV took care of old age, sickness and disability, prohibited alcohol and drugs, and promoted animal husbandry and agriculture.Carrying the said spirit, the National Food Security Act aimed at providing subsidised food grains to a large population, particularly those below the poverty line.
The Act has achieved access to affordable and adequate food. Jal Jeevan Mission was providing water in far-flung areas.Human existence depended upon the co-existence with nature and maintaining cosmic balance. Special efforts have been made worldwide to protect the environment and global warming. To live in harmony with nature was a part of Indian culture and philosophy.
In Indian culture, the banyan, peepal, tulsi, and other trees providing oxygen in abundance were considered sacred. The various rituals of the country correlated with protecting the environment, ecology, flora and fauna. Right to the environment, water and clean air were well-recognised principles during primitive times.Calling the human beings as custodians of planet Earth, Justice Mishra urged everyone to protect Planet Blue and leave it safe for coming generations.
He said it was important to think globally and act locally to save planet Earth from adverse climatic impact.He said intergenerational equity required preserving ecological balance and material resources for the future, and there should be no undue exploitation.Urging everyone to care for sustainable ecosystems, habitat and agriculture, Justice Mishra said equally important was providing additional forest and tree cover by 2030 in which it was the duty of each person to contribute.
Temperature rise required a skill development programme to help people develop green skills and find work in the environment and forest sector.The time has come to perform the Constitutional duty under Article s 48 and 51A(g) to protect the trees, rivers, water bodies, flaura and fauna and to prevent global warming and protect the environment.
A circular economy and recycling by the automobile industry were necessary to reduce greenhouse gases and achieve sustainable development goals. Dr. Ambedkar played a crucial role for gender equality and social reform and reform of Hindu personal laws. Ambedkar’s codification of the Hindu Code Bill aimed to provide women with property rights, maintenance, marriage, divorce, and adoption rights.
Efforts to dismantle patriarchal structures and secure equal rights for women. Equality remained integral for social justice. Dr. Ambedkar stated, “I measure the progress of a community by the degree of progress that women have achieved.” In India, women are respected; UNESCO declared Kolkata Durga Festival as part of the cultural heritage. Without respect for women, no society can progress, said the NHRC Chairperson.
The constitutional mandate was to form a Uniform civil code, which was necessary to abolish discrimination against women. Women are provided safety, security and dignity in the workplace. To empower women, we have to eliminate all forms of discrimination against women on the grounds of gender, particularly in respect of education, employment, inheritance and property.
The world over, women were discriminated against for civil rights, and there wws a necessity for a standard civil code to make men and women equal by clearly defining the parameters of gender equality. Women must enjoy social equality, improved status and participation in economic development.The Constitution (106th Amendment) Act, 2023, which reserved one-third of all seats for women in Lok Sabha, State legislative assemblies including those reserved for SCs and STs, followed up on the vision of Dr. Ambedkar. Reservation in other elected bodies existed to create a homogenous society.
Carrying the said spirit, the National Food Security Act aimed at providing subsidised food grains to a large population, particularly those below the poverty line. The Act has achieved access to affordable and adequate food. Jal Jeevan Mission was providing water in far-flung areas.
Human existence depended upon the co-existence with nature and maintaining cosmic balance. Special efforts have been made worldwide to protect the environment and global warming. To live in harmony with nature was a part of Indian culture and philosophy. In Indian culture, the banyan, peepal, tulsi, and other trees providing oxygen in abundance were considered sacred. The various rituals of the country correlated with protecting the environment, ecology, flora and fauna. Right to the environment, water and clean air were well-recognised principles during primitive times.
Calling the human beings as custodians of planet Earth, Justice Mishra urged everyone to protect Planet Blue and leave it safe for coming generations. He saud it was important to think globally and act locally to save planet Earth from adverse climatic impact.
He said intergenerational equity required preserving ecological balance and material resources for the future, and there should be no undue exploitation.
Urging everyone to care for sustainable ecosystems, habitat and agriculture, Justice Mishra said equally important was providing additional forest and tree cover by 2030 in which it was the duty of each person to contribute. Temperature rise required a skill development programme to help people develop green skills and find work in the environment and forest sector.
The time has come to perform the Constitutional duty under Article s 48 and 51A(g) to protect the trees, rivers, water bodies, flaura and fauna and to prevent global warming and protect the environment.
A circular economy and recycling by the automobile industry were necessary to reduce greenhouse gases and achieve sustainable development goals.
Dr. Ambedkar played a crucial role for gender equality and social reform and reform of Hindu personal laws. Ambedkar’s codification of the Hindu Code Bill aimed to provide women with property rights, maintenance, marriage, divorce, and adoption rights. Efforts to dismantle patriarchal structures and secure equal rights for women. Equality remained integral for social justice.
Dr. Ambedkar stated, “I measure the progress of a community by the degree of progress that women have achieved.”
In India, women are respected; UNESCO declared Kolkata Durga Festival as part of the cultural heritage. Without respect for women, no society can progress, said the NHRC Chairperson.
The constitutional mandate was to form a Uniform civil code, which was necessary to abolish discrimination against women.
Women are provided safety, security and dignity in the workplace. To empower women, we have to eliminate all forms of discrimination against women on the grounds of gender, particularly in respect of education, employment, inheritance and property.
The world over, women were discriminated against for civil rights, and there wws a necessity for a standard civil code to make men and women equal by clearly defining the parameters of gender equality. Women must enjoy social equality, improved status and participation in economic development.
The Constitution (106th Amendment) Act, 2023, which reserved one-third of all seats for women in Lok Sabha, State legislative assemblies including those reserved for SCs and STs, followed up on the vision of Dr. Ambedkar. Reservation in other elected bodies existed to create a homogenous society.
The nation’s future depends on the next generation, and the rights of the child and juveniles are to be specially protected from exploitation. There is immense Human capital potential within marginalized communities. Dalits and the youth. They must be given opportunities and facilities to develop healthily in freedom and dignity and have a right against moral and material abandonment.
The Commissio recently recommended a hybrid form of education considering the scarcity of teachers in far-flung areas. Our philosophy is “Sa Vidhya Ya Vimuktaye”.
There is an interaction of Intellectual Property Rights (IPRs) with Human Rights; we face problems such as the evergreening of patents. We face problems in the IPR regime of making life-saving drugs and vaccines available at affordable prices to the poors. While balancing the Right to Life with IPRs, the patent holders` right should give way to the Right to Life.
Globalisation in the culture of the country was deeply embedded thousands of years before, ‘Vasudhaiva Kutumbakam’, i.e. the entire world is one family around which our whole cultural fabric and philosophy has developed.
His economic policy recommendations, free-market principles, globalization, liberalization, and privatization are good for today.
Aggregator are creating monopoly which is a cause of concern they disrupt supply chain and have no investment causing violation of rights of others in several ways.
There is concentration of wealth in few hands causing brooding sense of injustice which may have international implications and ramifications. Moreover, a growing concern requires inclusion of marginalised and other suffering sectors in the gains of globalization. The business must go together with human development. The development is human centric.
Technology is the weapon of power. Attention needs to be paid to the latest developments in Cyber space and Artificial Intelligence. Care should be taken so that human life with attendant rights, as we know it, does not get affected.
Cyberspace security is the sector that must be developed to protect vulnerable classes.
The Constitution can respond to these moments of history in an age of revolutionary global transformation. Right to privacy and dignity is at stake.
There is a new database for enhancing distributive Justice. Internet is very useful. But at the same time, it has to ensure that there is no digital divide and equitable access to technology to achieve sustainable development goals. The existing workforce requires skill development for switching to new technology.
Dr. Ambedkar pioneered labour reforms in the form of Industrial Dispute Bill, 1937, work place insurance. In the changing scenario, the protection of workers’ rights and empowerment is to be ensured. The sweep of directive principles includes provisions for just and humane work conditions, living wage and equal pay for equal work, and workers’ participation in the management of industries.
The welfare State’s responsibility to an employee is from the cradle to the grave. Corporate governance must also ensure that someone serving in the heydays of life is not left destitute in old age.
There is Shram Suvidha Portal for workers, transparent labour inspections, and the Apprentice Protsahan Yojana to assist apprentices to form Viksit Bharat 1947. Their contribution is significant for any kind of development.
The agriculture and land reforms envisioned by Dr. Ambedkar intended for emphasis on agriculture and alleviate the plight of farmers and improve agricultural productivity. Government intervention to provide essential resources like money, water, seeds, and fertilizers, particularly to marginalized farmers. Farmers protective laws have been enacted to carry the mandate and protect land. Land laws ensure that actual tiller own the land.
There was a need to protect the land from over exploitation, over use of chemicals and pesticides, rendering it unfertile.
The consumer’s interests must be safeguarded. There is a need to recognise consumers’ rights to know the cost of production. Anti-competitive practices are violative of consumers’ rights. Strict scrutiny of apparel industry is called for.
There are several kinds of unrest in the world. Three core tenets- nonviolence, tolerance, and equality – are prerequisites to achieving equilibrium, moral excellence, and social peace. We have to protect the human rights of victims of terrorism, drug abuse and war and their impact on the lives, livelihood, world economy and peaceful co-existence. The time has come to remind ourselves of Ahimsa preached by “Lord Buddha” and “Bhagwan Mahaveer”.
Specially abled want to overcome their disabilities. They want to prove that they can be the master of their lives. They should be shown empathy, not sympathy. Meaningful attempts are needed to develop their full potential and assimilate them into the mainstream to augment human resources.
The Constitution preserved art and monuments. Art is a creative expression that reflected the eeducation and the cultural development of a society. It has been used as an expression of spirit and a means of self-realisation.
There is freedom of expression and to obtain information. Media in India have played a central role in sensitising people and providing information about governance. The media’s contribution to revealing and highlighting human rights causes has been most impressive.
The Commission in furtherance of achieving the Constitutional vision has issued various advisories –
(i) Regarding truck drivers – to provide them insurance coverage, halting places, health check-up facilities, adequate remuneration and reasonable working hours.
(ii) The workers involved in the hazardous cleaning of septic tanks must be provided with safety equipment, and mechanised cleaning should be arranged.
(iii) For prevention of ocular trauma, rehabilitation centres for victims, hazardous industries to provide personal insurance coverage for workers, restriction on Chinese crackers, pointed toys and chemicals, and alkaloid having the potential to damage the eye has been recommended.
(iv) Amendment of 97 laws, which are discriminatory to the person with Hansen’s disease.
(v) To prevent self-harm by prisoners, there must be no ligature objects in bathrooms and take care of their mental health.
(vi) CSAM. In an advisory to protect children from online sexual abuse, the liability of intermediaries to remove offensive content and other guidelines have been issued.
(vii) Monitoring of all mental hospitals in the country and ensure mental issues.
Dr. Ambedkar’s legacy inspires future generations to work towards a more just and equitable society necessary for more prosperous and developed nation by 2047.
The constitutional view of Development goes beyond mere GDP growth. Improvements must occur in the quality of life, ensuring material well-being, intellectual and spiritual freedom, and progress.
As expounded by Maharishi Aurobindo, India will be the world’s moral leader. He said, “The sun of India’s destiny would rise and fill all India with its light and overflow India and overflow Asia and overflow the world.”
India is the most successful democracy in the world due to its culture, philosophy, and mutual reverence. The country is inching towards Viksit Bharat. Everyone should perform their duty without delay and think little for themselves and more for humanity.