Uploaded by Nirbhay Singh Bhullar

Comparative study

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Human Rights in Belgium and India
-
Introduction
Women’s Right
Death Penalty
Children’s Right
LGBT Rights
Prepared By: Nirbhay Singh
Submitted to: Prof. Katrien Verelst
Intoduction:
Human rights are the right to all humans, regardless of nationality of a person,
its residence, gender, nationality or ethnic origin, color, religion or other
condition. All are equally entitled to human rights without discrimination. These
rights are interconnected, interdependent and inseparable.
In India, there are many ways to protect human rights. The Parliament and the
Executive have been entrusted with the creation and implementation of law in
the country whereas the judiciary secures its execution.
Apart from these basic things, there are other bodies of institutions that make
the existing system strong and prosperous. In fact, dedicated government
agencies, socially dedicated NGOs, local community groups and international
cooperation agencies work to protect human rights worldwide.
The Basic Concept Behind Human Privilege
The modern concept of human rights developed after World War II. The phrase
"human rights" is relatively modern. His intellectual base can be traced through
the philosophy and concepts of natural law and freedom.
Respect and understanding is essential to attaining the human rights culture,
which is sensitive to the basic needs of every human being. It respects the needs
of social, economic and political justice for everyone and provides fair and equal
opportunities for the growth and development of each and every group of
people. It protects every one from the state's power and its arbitrary use by its
agencies.
The United Nations and its members have formed international humanitarian
law and international human rights law after several rounds of negotiations with
legal bodies.
Human Rights Act, 1993
India has made the establishment of commissions for the protection of human
rights at the union and at the state level by making the Human Rights Defense
Act, 1993. Due to this act, the establishment of state human rights commissions
at the level of the National Human Rights Commission and at the level of the
states has become legally necessary. This commission is responsible for
resolving human rights and related issues.
In Belgium generally all
the rights were protected
because of the secularity
of
the
state.
The
protection and promoting
of theses human rights are
priority for Belgium in
their own territory and
also in relations with the
other countries as well.
But some rights are also
been violated like banning
of full face veil due to
terrorism in Belgium.
Further we will compare some rights which are fully or partially implemented
both in India and Belgium or some other’s which are violated in India only or in
either nations.
Women Right or Gender Equality:
Women Right is one of the important fundamental right that is established by
the United Nations 70 years ago for every human being in this world. It states
that every women has the right to live free from violence, discrimination and
slavery. Every women or girl has the equal rights as men or boys. They all have
right to basic needs, education, employment, etc.
In India
In Article 14, 15 and 16 of the Indian Constitution, every citizen of the country
has been given the right to equality. Equality, freedom and justice have been
given equal rights to both men and women. Any kind of discrimination is
considered unconstitutional in both physically and mentally, males and females.
Right to freedom and equality:
In Article 19, women have been given the right to live independently in any part
of the country, they can live. The choice of business can be done independently.
Due to being a woman, refusing them for any work will violate their fundamental
rights and if they do, they can take help from the law.
Law of Domestic Violence: Domestic Violence Act, 2005, under which all women,
who are treated with domestic violence in any way, are harassed, they can go to
all the police stations and register an FIR, and the policeman will respond
without losing time.
Right to Job / Self-occupation: Article 16 of the Constitution expressly states that
every adult girl and every woman have the right to receive salaries in exchange
for work, as is the equivalent of men. Being female only, denying employment,
disqualification for a job will be considered as gender discrimination.
Right to life and physical freedom: - Article 21 and 22 provides the right to
material freedom. The fundamental right to live with respect to every person
has been provided by the Constitution. Protecting your body and soul is the
fundamental right of everyone.
In Belgium
The rights for women are consistently same as we talked above in the part of
India but in different view. Belgian women’s have right to education,
employment, vote, or in decision-making etc. They are active in politics.
Gender act 2007 has been established by the Belgian government for women’s
right. In 2014 the Gender Act was modified in order to equate discrimination on
the basis of ‘gender identity’ and ‘gender expression’ to discrimination on the
basis of gender. Another modification in 2014 was aimed at making sexist
behaviour prosecutable.
Comparison between India & Belgium
In India most of the women’s rights were violated because every second women
in India has suffered domestic violence till today which is just opposite in
Belgium. In my view by visiting Belgium I have seen that women’s right are fully
implemented in this country because women are engaged in all types of jobs
and they can go out in night without any fear of being molested whereas in India
the laws are only written in papers and aren’t implemented fully because there
always a fear for women of being molested whether it’s a day or night, women
are prohibited or ignored in most of workplace due to male dominant society.
The written are laws are up to date and is enforced by law but it’s yet to be
adapted by citizens of India but it’s totally adapted by the Belgian citizens.
Death Penalty
Death Penalty or Capital punishment is a type of sentence in which a crime
committer has been put to death by hanging, shooting or injecting poison into
the body, different countries uses one of these or either way to punish but there
are some countries which think this type of punishment is inhuman and
disrespect life dignity and they vice versa abolish the death penalty. Most of the
countries are from Europe. And Belgium is one of it who call its merciless and
inhuman act. In letter and spirit, we abide by Article 3 of United Nations
Universal Declaration of Human Rights that states “Everyone has the right to life,
liberty and security of person.” We do not take this stand in a casual or
condescending manner but with utmost honesty and conviction.
But unlike Belgium, India
is still in practice of this
punishment and order
this
penalty
under
different crimes. This
sentence is also make a
reference in the Indian
Constitution. According
to the data currently
there are 477 individual who are under death row but still doesn’t executed. On
average the supreme court of India confirms three or four death sentences in a
year.
Offences for which there is a mandatory death penalty?
No, there are no such mandatory death penalty for any crime and also the
supreme court of India ruled this as unconstitutional. The death penalty should
only be applied for the most heinous offenses (“the rarest of the rare”), illustrate
that application of the death penalty is, while not always predictable, still highly
restricted.
In December 2000 the supreme court of India ruled that death penalty has been
abolished for crime committed by juvenile whether it’s heinous or not to abide
the human rights in India.
In my opinion death penalty is wrong if we take human rights with us. I really
appreciate the decision of Belgium that they abolished it and called it inhuman.
But if anyone commits a crime which is not acceptable in the society then they
should be life imprisoned forever instead of death row.
Children Rights
Due to high economy and standard of living in Belgium the children rights are
fully restored and is in force but unfortunately there are some issues like child
abuse by family or any other person and one third of this abuse sexual.
But if we compare it to India then the Belgium government is doing excellent
work to protect children’s rights.
In 1992, India ratified that all the children are born with fundamental rights
according to the United Nations convention on the rights for children. Some of
the rights are below:
 Right to Survival – to life, health, nutrition, name, nationality
 Right to Development – to education, care, leisure, recreation, cultural
activities
 Right to Protection – from exploitation, abuse, neglect
 Right to Participation – to expression, information, thought, religion.
And a right to achieve these
dreams. Even though India’s
children account for more than
one-third of its population, the ir
interests have never been given
priority. And their rights have
been violated every single day.
In Belgium we don’t heard
anything about Child labour,
female foeticide (abortion of girl
child),
child
marriage,
malnutrition, poverty etc. but if we to India then it can be seen anywhere in any
part of the country.
In my opinion the child rights are made for welfare of the children. And these
children are the future of this world and they require equal treatment
irrespective of class, country, gender or religion. These child rights should not
be violated and keep in running for better society and future.
LGBT Rights
India lacks LGBT rights because it’s illegal to be in relationship with a person of
same sex and it is punishable under Indian law whereas Belgium is the second
country to legalise it in 2003 after Netherlands.
India does not recognize any other gender expect male or female but they also
recognize one more gender known as Hijras as a third gender but only in two
states Kerala and Tamil Nadu.
Person falling in this categories has been given equal rights as a normal person
has like social inclusion, employment, service in military and adoption & family
planning in Belgium. But it’s totally the opposite in India peoples falls into this
category aren’t accept by the society and they are socially excluded, didn’t get
employed, banned from military service, can’t start their own family and even
spared from medical healthcare.
In my opinion everyone has the equal right to live in this world without knowing
their sexual orientation. India should recognize these rights for their
development in the society.
Conclusion:
Human rights are the basic rights given to every person. To be universal, these
rights are protected by law, however, unfortunately many times it is violated by
states, individuals or groups. Disadvantaging a person with these basic rights is
inhumane. This is the reason that many organizations have been set up to
protect these rights.
Refrences:
https://www.slideshare.net/avinash.rajput166/human-rights-inindia
https://www.hrw.org/world-report/2017/country-chapters/india
https://www.hrw.org/evropa-i-srednyaya-aziya/belgium
https://www.state.gov/j/drl/rls/hrrpt/2008/eur/119070.htm
https://www.loc.gov/law/help/guide/nations/belgium.php
https://www.globalfundforwomen.org/womens-human-rights/#.WZ763CgjHIU
http://www.insidermonkey.com/blog/11-countries-with-the-highest-rates-ofdomestic-violence-in-the-world-352119/5/
https://www.google.lt/url?sa=t&rct=j&q=&esrc=s&source=web&cd=1&cad=rja
&uact=8&ved=0ahUKEwj8iPGurPDVAhUHDZoKHctyBxcQFggmMAA&url=http%
3A%2F%2Fwww.europarl.europa.eu%2FRegData%2Fetudes%2FIDAN%2F2015
%2F519192%2FIPOL_IDA(2015)519192_EN.pdf&usg=AFQjCNH9WZ9UhxMicXC
mTs3nxNcJmQwVjw
https://www.scribd.com/document/249396873/Belgium-s-Stand-on-DeathPenalty
https://www.deathpenaltyworldwide.org/country-searchpost.cfm?country=India
https://en.wikipedia.org/wiki/Capital_punishment_in_India
https://www.cry.org/issues-views/child-labour
https://www.humanium.org/en/belgium/
http://www.equaldex.com/region/india
http://lgbt.wikia.com/wiki/LGBT_rights_in_Belgium
https://www.revolvy.com/main/index.php?s=LGBT%20rights%20in%20Belgiu
m&item_type=topic
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