INTERNATIONAL CONFERENCE ON HUMAN RIGHTS IN 21st CENTURY:

CHANGING DIMENSIONS.

TOPIC: ROLE OF NON-GOVERNMENTAL ORGANISATIONS IN
PROMOTION OF HUMAN RIGHTS.

Written By:
Aditi Bharti
[Link]
2
nd
Year student
Dr. Ram Manohar Lohiya, National Law University,
Lucknow.

Yogita Kumar
[Link]
2
nd
Year student
Dr. Ram Manohar Lohiya, National Law University,
Lucknow.

Shashwat Chowdhary
[Link]
2
nd
Year student
Dr. Ram Manohar Lohiya, National Law University,
Lucknow.

INTRODUCTION:
"Whereas the peoples of the United Aations have in the Charter reaffirmed their faith in
fundamental human rights, in the dignity and worth of the human person and in the equal
rights of men and women and have determined to promote social progress and better
standards of life in larger freedom.

Conceptually derived Irom the theory oI natural law, human rights are universal rights held to
belong to individuals by virtue of their being human, encompassing civil, political, economic,
social, and cultural rights and freedoms, and based on the notion of personal human dignity and
worth. The ideas oI elaboration and protection oI rights oI human beings have been gradually
transIormed into written norms. Many important landmarks may be mentioned on this way, such
as, in England- Magna Carta, the Petition of Right and the Bill of Rights. During the eighteenth
century, the early ideas oI natural law developed into an acceptance oI natural rights as legal
rights and these rights Ior the Iirst time were written into national constitutions, thus reIlecting an
almost contractual relationship between the State and the individual which emphasized that the
power oI the State derived Irom the assent oI the Iree individual. Human rights are the basic
rights and Ireedoms to which all humans are entitled, oIten held to include the right to liIe and
liberty, Ireedom oI thought and expression, and equality beIore the law.
ll human beings are born free and equal in dignity and rights. 1hey are endowed with reason
and conscience and should act towards one another in a spirit of brotherhood.
2

The conception and principles oI human rights are the hallmark oI the modern civilized and
democratic societies. Wheat is obvious and important in these senses that human rights being the
right oI everyone, have assumed great signiIicance at the individual, group, national and
international levels. UnIringed enjoyment oI human rights would only remain the protective
umbrella oI the organized state and eIIective instruments are created Ior redressal oI grievances
related to human rights.
It is true that no other region oI the world has so many diversities and disparities as the region
comprising Third world. It has countries oI radically diIIerent social structures and diverse
culture traditions, legal systems and degree oI economic development. However, unIortunately,
in many countries oI the world, including India, and the other third world nations, there are
denial oI civil liberties, child labour, and detention without trial, ethnic violence, bonded labour,
disappearance, torture, and political killing which are gross violations oI human rights. Women
and children oI these nations are the victims oI poverty and destitution, hunger and homelessness
and they are deprived oI the necessities oI liIe including education and health care.

1
reamble 1he unlversal ueclaraLlon of Puman rlghLs 1948
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1he unlversal ueclaraLlon of Puman rlghLs ArLlcle 1
At the time oI Iraming oI the constitutions on attainment on independence the commitment to the
cause oI human rights was more than reIlected in the Iinal draIt oI the constitution. The very
preamble wedded to the idea oI socialistic pattern oI the society ensured social, economic and
political justice, liberty oI thoughts, expression, belieI, Iaith without any distinction as to race,
caste, sex, religion etc. Accordingly, in the Iourth chapter oI the constitution the basic human
rights have been recognized as Iundamental rights which are sacrosanct and cannot be violated in
any conditions.
However, India, the 'largest democracy in the world, does not have a clean human rights
record. II one goes by the record and media reports, thousands oI people are proIound Ior
political reasons, oIten without charges oI trials. The government has the ultimate responsibility
to implement the constitutional promises. The Indian polity has by now thrown up Iour principal
catalysts oI human rights implementations, namely the judiciary, as National Human Rights
Commissions, NGOs and the media.
A non-governmental organization (NGO) is a legally constituted organization created
by natural or legal persons that operates independently Irom any government and a term usually
used by governments to reIer to entities that have no government status. In the cases in which
NGOs are Iunded totally or partially by governments, the NGO maintains its non-governmental
status by excluding government representatives Irom membership in the organization. The term
is usually applied only to organizations that pursue some wider social aim that
has political aspects, but that are not overtly political organizations such as political parties.
Unlike the term 'intergovernmental organization, the term 'non-governmental organization
has no generally agreed legal deIinition. In many jurisdictions, these types oI organization are
called 'civil society organizations or reIerred to by other names.
Non-governmental organizations have contributed to the longest process oI translation oI the
constitutional promises into realities oI ground. They represent the interIace between the
government and the common people. The present Non- governmental organizations movement
owes its origin to emergency era and inherently to some oI the leading events such as 'increasing
weakness in proIessional eIIiciency oI the State apparatus and many oI the democratic
institutions like the bureaucracy, political parties, judiciary and the media, the social bias and the
growing incredibility in popular perception which have a close bearing on India`s quest Ior
nation-building, economic and social transIormation.
NON-GOVERNMENTAL ORGANISATION`S ROLE TOWARDS LEGAL
ASSISTANCE, LEGAL LITERACY AND LEGAL AWARENESS:
The impact oI human rights has brought about a proIound change on the notions oI State
sovereignty. Today, no nation can say that the way it treats its citizens is purely a domestic
concern. Globalization oI human rights with the modern concept oI a global village has resulted
in the human rights situation anywhere in the world becoming a matter oI international concern.
'oluntary organizations, which are also called non-governmental organizations, all over the
world, have begun to support and promote human rights in all societies. Non- governmental
organizations have a delicate, sensitive, challenging and Herculean task to achieve the
missionary cause oI human rights culture. No legal protection to miserable, downtrodden and
helpless people who cannot organize themselves into violent pressure groups is present in India.
It is true that primary duty to promote and protect human rights and Iundamental Ireedom lies
with the State. However, it is now recognized that individuals, groups, and associations have the
rights and responsibility to promote respect Ior and Ioster knowledge oI human rights to all a
core cluster oI rights necessary to human rights deIenders.
To protect the weaker sections oI the society against the modern interpretation oI the
maintenance oI the social order and, consequently, it is an essential Iunction oI the State. It
means that the policies oI the government should be so determined and its law so Iormulated that
equal opportunity is provided to all to grow and expand and no one is denied his necessities.
These are the Iunctions to the needs oI the people cannot aIIord to ignore them. Nevertheless, the
present system oI administration oI justice is not Iavorable to the downtrodden and vulnerable
sections oI the society. People are priced out oI judicial system not only by the reason oI its
being expensive but also because oI the nature and the condition oI the legal and judicial process
has become cumbersome.
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NON GOVERNEMTAL ORGANISATIONS AND GOVERNMENT:
The doctrine oI 'rule oI law in its social meaning cannot be aIIorded to rule out the insuIIicient
and inadequate protection and enIorcement oI the right oI all people in usual course. There can
be no rule oI law unless the machinery oI law is readily accessible to all. In order to ensure that
there is equality between the poor and rich litigant, it is necessary that the disadvantage suIIered
by the poor is oIIset by providing the services oI an able counsel.
The State government is undoubtedly has an obligation under Article 39-A oI the Constitution,
which embodies a directive principle oI state policy to set up a comprehensive and eIIective legal
aid programme in order to ensure to ensure that the operation oI the legal system promotes
justice on basis oI equality.
4
India is a welIare nation and the most important Iunction oI a
welIare nation is the creation oI conditions that, assure social justice by removing social
inequalities created by capitalism. Poverty has been a paramount problem oI the society in all the
times and it did not become less acute with the advancement oI civilization. Hence, there is a
great responsibility on the shoulders oI the welIare state to assure socialistic justice to the poor
masses oI the society. In this context, it is the paramount duty oI the Non Governmental

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Organizations and voluntary organizations to undertake protective measures Ior the welIare oI
the weaker sections oI the society.
5

THE URGE FOR SOCIAL 1USTICE:
As the lack oI genuine global commitment to poverty eradication and social justice increase, so
does the desperation to Iind magic bullets and quick Iixes which, it is hoped, can overcome the
lack oI political, social, and economic will to address the deeper roots oI socio-economical
transIormation at international, national and local level.
The charges oI violations oI human rights in India are being raised primarily because oI the
incidents oI torture, rape and death in police custody. Apart Irom this, rampant violations oI
human rights arise out oI the poor socio-economic conditions oI our people, particularly people
belonging to the most vulnerable group- tribes, migrants and landless labours. Such problems
like poverty, malnutrition, mounting unemployment, illiteracy, unhygienic and unbearable
conditions in the slums including other problems like terrorism, violence and outrageous
incidents oI communal violence show that our commitment to human rights protection is merely
a catchy slogan pronounced at public place. There is, thereIore, a need to establish a Iact-Iinding
body to recommend ways and means to the government to prevent such violations.
6

Non-governmental organizations movement in modern legal, political and social theory is
organically related to the urge Ior social justice. The NGOs play important role to become a
concrete expression oI International, National, Regional and Local voice to assist and stand up
Ior those who cannot speak Ior themselves. It may be noted that silence nourishes oppression.
ThereIore, it is necessary Ior NGOs to be given new strength and resolve in their actions. It is
the need oI hour to promote the twin pillars oI equality and nondiscrimination. There cannot be
any true enjoyment oI human rights by all where some are excluded by discrimination and
prejudice or disadvantage and under development. ThereIore, the role oI NGOs in Iollow up
action in promotion oI equality cannot be overstated. NGOs are regarded as a crucial vehicle in
Iollow-up initiatives. To discharge obligation eIIectively, the programme oI action, suggested in
urban conference is oI paramount consideration. t urges the States to provide and open
environment to enable non-governmental organi:ations to function freely and openly within their
societies and thereby make an effective contribution to elimination of racism, racial
discrimination and related tolerance throughout the world and to promote a wider role for grass
roots organi:ations. Another notable element is that States are called upon to 'strengthen
cooperation develop partnership and consult regularly with non-governmental organization and
allow other sectors oI civil society to harness their experience and expertise.
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Prevention oI HI'AIDS, to educate and teach the vulnerable and weak sections oI the society,
child protection, prevention oI child labour, child women traIIicking, bonded labours, sex
tourism, subjects related to women rights and the domestic dispute are some oI the areas oI their
operation.
For an NGO it is important to have access to government. No impact without access; thought
access is not a guarantee to success. They are oIten reIerred to as grass root organization` which
means that they are closer to common people. Otto has reIerred to what has been coined the
Third System`: My interest is in those non-state entities that are speaking Ior groups and
individuals who do not believe that states are adequately representing their interests`. The
government is aware that the views expressed by such organizations are not only Irom those
small groups oI experts, but may also reIlect those oI a larger constitution.
These organizations play an important role in creating mass awareness and building mass
opinion against the human rights violations.
NGO-IZATION OF HUMAN RIGHTS ACTIVISM:
Almost all contemporary human rights practices take an associative Iorm, that oI non-
governmental organization. The impact oI the NGO on the making and working oI human rights
is considerable that contemporary human rights may be unintelligible outside their networked
practices.
As any logical analysis oI the qualiIier non` makes it immediately obvious, it remains recklessly
over-inclusive; the word non` would include anything that is not governmental`. However,
government` is an idea that we usually and broadly associate with the state as reIerring to
arrangements oI power over peoples, territories and resources. The expression non` then may
suggest that in their practice oI human rights activism NGOs contest mode oI exercise oI such
powers. But in reality, these organizations seeks to produce eIIicient governmental programmes
and policies in way that contribute to the IulIillment, and even realization oI human rights. In this
respect, their exertion remains co-governmental rather than non-governmental.
These preIatory remarks do not Iully address the task oI theory or history but merely Ioreground,
and rather eclectically, some concerns that accompany an understanding oI the staggering
diversity and density oI the contemporary NGOs. This understanding is perused in three distinct
but related ways: in terms oI naming and description; in terms oI mode oI organization and
connectivity; range oI resourcing, agenda, auspices, and ideology. This space has made possible
a wide variety oI NGOs practices. These practices can be brieIly inventoried as Iollows:
O uture nventing. Contrasting with the rather eIIete term consciousness raising`, a whole
variety oI practices oI human rights activism co-imagine alternate vision oI human Iuture,
de- legitimating the reigning conception. The simple but powerIul practices interrogating
racism, colonization, violence, and discrimination create conception oI alternative just as
well as caring human Iutures.
O genda- setting. Many NGOs practices seek to create an agendum oI political and social
action arising out oI their conception oI alternate human Iutures. Ex. Women`s human
rights or environmental movements.
O orm-creative. NGOs arrive on the national, international platIorm as either Iirst draIt
persons or co-authors oI human rights enunciations. Equally, they combat with great
vigour developments that threaten the Iragile normative oI human rights.
O mplementative. In small dismal situation oI continuing direct violation oI human rights,
NGOs perIorm a wide variety oI tasks or roles leading to human rights implementation.
These include ombudsperson, investigation, lobbying, and public advocacy roles.
O Solidarity. NGOs practices seek to sustain, even empower, national and local level right
activism against practices oI the politics oI cruelty.
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HUMAN RIGHTS REPORTS:
During the past twenty-Iive years the Indian economy has witnessed rates oI aggregate GDP
growth that are high compared to past and also compared with several other parts oI the
developing world. However, there are also some clear Iailures oI this growth process. An
important Iailure is the absence oI structural change in terms oI the ability to shiIt the labour
Iorce out oI the low productivity activities to higher productivity and better remuneration areas.
Other major Iailures, which are directly reIlective oI the still poor status oI the human
development in developing nations, are in many way related to Iundamental rights. These
includes the widespread oI poverty; the absence oI basic Iood security; adequate health care;
continuing inability to provide universal education and the poor quality oI much school
education. Gender gaps in literacy remains high and more than halI rural Iemales in India are still
illiterate.
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Government eIIorts to eliminate child labor aIIected only a small Iraction oI children in the
workplace. In the hand-knotted carpet producing area oI Uttar Pradesh, the NHRC and NGOs
worked with the state government to establish a task Iorce Ior the elimination oI child labor.
Estimates oI the number oI child laborers varied widely. The Government census oI 99 put the
number oI child workers at million. The ILO estimated the number at 44 million, while NGOs
stated that the Iigure is 55 million. Most, iI not all, oI the 87 million children not in school did
housework, worked on Iamily Iarms, worked alongside their parents as paid agricultural laborers,
worked as domestic servants, or otherwise were employed. The NHRC, continuing its own child
labor agenda, organized NGO programs to provide special schooling, rehabilitation, and Iamily
income supplements Ior children in the glass industry in Firozabad. The NHRC also intervened
in individual cases. Press reports said that a Madurai NGO had rescued 33 children who had
been sold into slave labor during the year.
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In years oI drought or Iamine, the non-governmental organizations have been pivotal in
providing Iood to those most marginalized. NGOs oIten provide essential services in the
developing world that in developed countries governmental agencies or institutions would
provide. Normally, NGOs provide services that are in line with current incumbent governmental
policy, acting as a contributor to economic development, essential services, employment and the
budget. In a wider approach, NGOs are also the source and centre oI social justice to the
marginalized members oI society in developing countries or Iailed states. NGOs are oIten leIt as
the only ones that deIend or promote the economic needs and requirements Ior developing states,
oIten bringing cases to the International Monetary Fund, World Trade Organization and World
Bank. Developing nations and NGOs oIten Iind allies in one another when opposing legislation,
economic terms or agreements Irom global institutions.

In both rural and urban India, the real expansion in employment has come in the Iorm or selI-
employment, which now accounts Ior around halI oI the work Iorce in India. It is the result oI the
combined eIIort oI government and NGOs. The increase has been sharpest among rural women,
where selI-employment now accounts Ior nearly two third the jobs. Nevertheless, it also
remarkable Ior urban workers, both men and women, among whom the selI-employed constitute
45 and 48 respectively, oI all usual status workers. Between 980 and 200, India's HDI
(Human Development Index) rose by .6 annually Irom 0.320 to 0.59 today, which gives the
country a rank oI 9 out oI 69 countries at international level with comparable data. The HDI
oI South Asia as a region increased Irom 0.35 in 980 to 0.56 today, placing India above the
regional average. The HDI trends tell an important story both at the national and regional level
and highlight the very large gaps in well-being and liIe chances that continue to divide our
interconnected world.

THE SILENT HELPERS:

'ery little is known generally about operational NGOs that work closely with people on a daily
basis. While a good many people in the country know that the Central and State governments
have a number oI plans and projects to bring about development not all oI them either well-
conceived or well administered they are much less aware oI the part played in the overall
development process by non-governmental organizations (NGOs). That part includes
sensitization, which usually means advocacy, or 'activism as it is more commonly called, and
the actual carrying out oI development projects providing housing, rural roads, sanitation,
schools, health Iacilities and other services. The World Bank recognizes this and divides the
NGOs into two categories: those involved in advocacy and those involved in operations.
We are aware oI the advocacy groups, the social activists, because at least some oI them attract
the attention oI the media by their actions such as dharnas, rallies, Iasts and demonstrations.
Their work needs to be recognized as being oI considerable importance in two ways. One is by
making marginalized and neglected groups such as the tribal people and the poor aware oI their

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rights and entitlements and oI the manner in which they are, in Iar too many cases, exploited by
intermediaries and minor state Iunctionaries. The other is by bringing instances oI injustice and
this kind oI exploitation to the notice oI the authorities using the media.
Legal remedies are now available, chieI among them being the public interest litigation (PIL)
and the petition that can be Iiled under the right to inIormation laws (RTI application). SpeciIic
legal remedies are also available under a host oI laws such as the Minimum Wages Act. More
such laws are being enacted with the express purpose oI giving legal protection and redress to the
deprived and the exploited. Many activist NGOs have come into existence and more come up
regularly to assist those who cannot otherwise take recourse to the law.
However, very Iew know about the second category oI NGOs, those that actually deliver
services. There is some knowledge about the big ones among them, a number oI which are part
oI international NGOs such as Action Aid, Help age and the Red Cross. Nevertheless, smaller
NGOs, some oI which work in just one State, or have small projects in diIIerent States, are
virtually unknown
This is not because they do not publicize their work; they regularly bring out inIormation
material on their work and send it to the media. It is because the media consider news as
something diIIerent. Even iI they do carry some inIormation on what NGOs are doing, it is about
the activist NGOs, not about those in the Iield oI development, the operational NGOs. There are,
one has to admit, some stories about the development work some NGOs have done, Ior example,
the work done by NGOs in Nagapattinam in Tamil Nadu to rehabilitate victims oI the tsunami
that hit the area in December 2004. There are some stories on the work done by some NGOs in
diIIerent Iields. Nevertheless, these are the exceptions rather than the rule.
UnIortunately, the situation is not likely to change in the near Iuture. Success stories do not sell,
hard-boiled journalists will tell you. In part, it is because a single story about, say, a hospital
doing excellent work in a remote rural region will not alter the general perception that medical
services are very scarce in villages or non-existent in large tracts oI the country. In addition, that
has to do with the general perception oI the relatively aIIluent, those who read newspapers and
journals, listen to radio news bulletins or watch television news channels.
Simply put, they see poverty, lack oI health Iacilities, illiteracy and scarcity oI schools in the
abstract and as issues to be addressed by the state. This class does not look at issues as something
that aIIects individuals unless those individuals are personally known servants, workers who
build one`s house or even poor relatives.
The operational NGOs have made the transition that we as a class have not yet made. They do
not see poverty in the abstract; they deal with poor individuals with names and identities. They
make it their task to get them the help they need. The operational NGOs actually get close to
particular people and see the problem not so much in a global context as in terms oI getting to a
doctor as quickly as possible. It is in one sense, we might think, limiting, but in another sense, it
is the real and substantial action that is needed. Sadly, it is precisely Ior this reason that the
eIIorts oI operational NGOs do not get the kind oI media attention that they deserve.
3

CONCLUSION:
As the most popular democracy in Asia and in the world today, India stands out among Asian
nations as a major contributor to the theory oI human rights and its practices. The enactment oI
Indian Constitution in 949 was an important step Iorward in the world history oI
constitutionalism. One oI the innovations oI the constitution is the inclusion oI the chapter on
directive principles oI state policy which provides Ior various social, cultural, religious etc.
rights. Human rights were perceived to provide ways oI righting historic, millennial wrongs.
Salient among these were abolition oI untouchability, removal oI human bondage labour and the
promotion and protection oI the rights oI religious, cultural, and linguistic minorities.
Nevertheless, human rights cannot be secured merely by passing some laws, they have to be
properly enIorced too and in this process, NGOs keep an eye on the Iunctioning oI the
government.

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