International Human Rights Organisation
Of the Indian Subcontinent
210, New Judicial Courts Complex, Ludhiana- 141 001
'We need to protect Human Rights'
This Approach Paper was presented before Hon'ble Dr Justice Shivraj Patil, Member, NHRC who was a guest at the Ludhiana District Bar Association Meet, on January 22, 2008, seeking asking him to take up the case of Candian Sikh journalist Harkirtat Singh who was deported back to Canada at the Delhi Airport, respite his valid Indian visa.
Hon'ble Dr Justice Shivraj Patil and friends:
The human rights enshrined in the constitution of the United Nations, is comparatively a new development that emerged in 20th century in forties when nations together felt the need of a consolidated effort for the protection of Human Rights.
Before we talk of United Nations declaration and its covenants, first we should know what exactly are Human Rights. Human Rights, as the term is commonly used, are the rights, which every human being is entitled to enjoy and to have protected. The underlying idea behind these rights exists in some form in all cultures and societies. These rights are meant for all men, women and children. The gist of all these rights is the Universal Declaration of Human Rights adopted by the United Nations on, December 10 in 1948.
The declaration covers two sets of rights. One set is known as Civil and Political Rights and the other as Economic, Social and Cultural Rights. Both sets of rights must be observed and protected as the 'foundation of freedom, justice and peace in the world.' And it is the responsibility of governments to protect these rights.
So, we need to stress that Human Rights are universal and indivisible, and the countries can not erect barriers to international scrutiny. But, sometimes, this stance of universality may cause discomfort among developing countries which fear that Human Rights will provide a ready pretext for intervention. However, it is now internationally accepted cardinal proposition that any special situation or circumstances can never be used as an excuse for any abuse of human rights.
As we believe in the universality of human rights, I, as chairperson of the International Human Rights Organisation (IHRO), was a strong supporter of the idea to establish an International Criminal Court at the Vienna World Conference in 1993 which should have a jurisdiction to try persons responsible for human rights abuses, including the ruling political leadership of that state.
The most serious challenge, the world community is facing today, is from the so-called democracies, which are using democracy as a facade to suppress the rights and aspirations of their people. We ought to hold responsible these regimes so that the democratic norms and international covenants are restored in letter and spirit.
For this, what we need to do is that we should:
Open Human Rights Education Cells in Schools and Colleges for awareness of the younger generation.
Obtain from the United Nations and other agencies, materials on human rights, and publish it in regional languages for the benefit of grass-root people.
Feed media with progress of the campaign to make it a mass movement.
Organise training courses and seminars in the universities, colleges and schools.
Associate with national and state human rights commissions to render help in cases of rights abuses and help develop new voluntary organisations for the protection and promotion of human rights;
Provide teeth to the National and State human rights commissions. They should have judicial powers (like courts) of prosecuting the guilty. Appeals against their orders should only be before the Supreme Court.
And, the success in field of human rights surely needs positive and active cooperation of all.
Lastly, I would like you to know a very recent violation of human rights, for which I have written to the Consulate General of India, Vancouver, Canada, last week, regarding Sardar Harkirat Singh Kular, a Canadian Sikh journalist who was denied entry to India at the Delhi airport:
"Dear Shri Ashok Kumar Ji:
I beseech your kind attention towards the matter of IHRO's longtime associate, Harkirat Singh Kular (Canadian Passport NO. JUO 23158- Visa Number L 530809) who is an editor of Punjab Guardian, a Punjabi newsweekly, based in Surrey.
Sardar Kular informed me on phone, after he was turned back from Delhi, that he travelled from Vancouver to Delhi by air on January 6, 2008. There, he was not allowed to enter India and deported back to Canada by the next flight, without assigning any reason, though he had a valid Indian visa with him. Earlier, he has been to India several times.
Moreover, Kular wanted to attend the marriage of his niece on January 16 which was all the more important, especially when his brother (niece's father) had died some time back.
I, therefore, urge you, on his behalf, to grant him a fresh visa and ensure him that he would not face any problem this time so that he may bless the newly wedded couple and meet his relatives.
We will appreciate if you would compensate him for his monetary loss, inconvenience and agony suffered by him and his family members during the last mishandled episode at your end."
So, we would also appreciate if this case is taken up by the National Human Rights Commission (NHRC) and for that, we request our Hon'ble guest to take the initiative.
Thank you, Mr Justice Patil and all others,
(D S Gill) Chairperson IHRO
dsgill@ihro.in 99140 04092
