PDF on Enforcement and Protection of Mechanism of Human Rights in India-Education

1. RESEARCH PROJECT
ON
Enforcement and Protection of
Mechanism of Human Rights In
India - Education
Submitted by : Josline D’souza & Sunita Jaiswar
Submitted to : Prof. Rishi Sir
Submitted on : 07-09-2018

2. Contents
INTRODUCTION .....................................................................................................................................................3
DEFINITION OF HRE ...................................................................................................................................................4
HISTORICAL PERSPECTIVE ......................................................................................................................................5
RELATED LAWS ......................................................................................................................................................7
A) CONSTITUTION .................................................................................................................................................7
B) OTHER LAWS & AMMENDMENT.............................................................................................................................12
C) GOVERNMENT INITIATIVE......................................................................................................................................14
COMPARATIVE ANALYSIS:....................................................................................................................................15
A) USA .................................................................................................................................................................15
B) PAKISTAN........................................................................................................................................................17
CASE LAWS ..........................................................................................................................................................20
MOHINI JAIN V KARNATAKA (SUPREME COURT OF INDIA; 1992) ..........................................................................................20
CONCLUSION .......................................................................................................................................................22
SUGGESTIONS/RECOMMENDATIONS ..................................................................................................................24

3. Introduction
Education Plays a very Important Role in an individual life as well as for the
Development of the State. For Livelihood, people run behind money and they think money
is everything, Whether they earn it in a Good way or In a bad way, It doesn’t matter to
them. But being an educated Person makes an individual use his intellect and knowledge to
differentiate between good and bad ways of Earning money. So in such a way Education
plays a very vital role in an individual’s Life and as a result it also impacts for the Growth of
the Nation.
The Major Issues like Terrorism, Corruption, Poverty, Child Labor, Gender
Discrimination, Dowry, Female Foeticide, etc. , can be Eradicated only and only by
Educating the common people. As In our Current Scenario, more than 70% of the
Population belongs to the Youth. And if Youth are Involved in Anti-Social Activities then it
can hamper the Growth of Economy as well as Society. So it is very important to Educate
the People, So they can be aware of Duties, Responsibilities towards the MotherLand.
People who are not aware of their rights are more easy to target and get being abused. For
E.g Earlier In a Muslim community if a Husbands wants to give divorce to his wife, he used
to say three times ‘Talaq’ word and the Marriage was Perceived as Null and Void. So if a
Women knows about her Right , So she can Challenge it in the Court. So woman should be
aware of her basic human rights. So this can be only eradicated by bringing more
awareness among the people regarding human rights education .
Human rights education can be brought before the people through media,
newspaper, seminars workshops ,programs implemented by government for the
community. Human rights education (HRE) is an emergent field of educational theory and
practice gaining increased attention and significance across the globe. The international
human rights movement, spurred by the efforts of non-governmental organizations, the
United Nations and other regional human rights bodies, has broadened its focus since the
late 1970s by seeking to integrate human rights concepts, norms and values within the
mainstream educational systems of world states. This effort, which has gained momentum
since the early 1990s has spawned a growing body of educational theory, practice and
research that often intersects with activities in other fields of educational study, such as
citizenship education, peace education, anti-racism education, Holocaust/genocide
education, education for sustainable development and education for intercultural
understanding. The recognition of the importance of human rights education for the
implementation and for the respect of human rights has grown in the last years. It is
expected to be reinforced even further by the UN Declaration on Human Rights Education
and Training, which will be prepared for the Human Rights Council in 2010. Research in the

4. field of HRE encompasses studies carried out in academic settings as well as those that take
place in the context of program and impact evaluations. In addition, there are primary
resources available in relation to the practice of HRE, such as teaching resources, syllabi,
curricular policies as well as secondary resources such as conference proceedings. As HRE
has expanded in practice, the demand for an evidence base to show the “value added” of
practice, and to guide and improve programming, is stronger than ever. The purpose of this
article is to provide an overview of some of the research that has been carried out to date,
some preliminary findings, and some promising areas for future research. We are
presenting these studies in categories that we think practitioners may also find useful for
future reference.1
DEFINITION OF HRE
The United Nations Declaration on Human Rights Education and Training defines
human rights education as comprising “all educational, training, information, awareness-
raising and learning activities aimed at promoting universal respect for and observance of
all human rights and fundamental freedoms and thus contributing to, inter alia, the
prevention of human rights violations and abuses by providing persons with knowledge,
skills and understanding and developing their attitudes and behaviors, to empower them to
contribute to the building and promotion of a universal culture of human rights.” (United
Nations Human Rights Council 2011) This Declaration was adopted by the UN General
Assembly on Dec. 19, 20112
1 Felisa Tibbitts and Peter G. Kirchschlaeger, perspectives of research on human rights
education, RESEARCH GATE (Sept. 15,2018, 10:20 AM),
http://blogs.cuit.columbia.edu/peace/files/2013/05/tibbitts_kirchschlaeger_research_hre_j
hre_1_2010.pdf.
2 Nancy Flowers, About Human Rights Education, HUMAN RIGHTS EDUCATORS USA (Sept.
15, 2018, 10.30 AM), https://hreusa.org/hre-guide/about-hre/.

5. HISTORICAL PERSPECTIVE
The emphasis on Human Rights Education began in 1995 with the beginning of the
UN Decade for Human Rights Education, though previously addressed in 1953 with the
UNESCO Associated Schools Program, which served as an “initial attempt to teach human
rights in formal school settings”. The first formal request for the need to educate students
about human rights came about in UNESCO’s 1974 article Recommendation concerning
Education for International Understanding, Cooperation and Peace, and Education Relating
to Human Rights and Fundamental Freedoms. The participants of the International
Congress on the Teaching of Humans Rights eventually met in 1978 to form a specific
definition of what would be required application of the education in formal curricula. The
aims at which the Congress agreed upon including the encouragement of tolerant attitudes
with focus on respect, providing knowledge of human rights in the context of national and
international dimensions as well as their implementations, and finally developing
awareness of human rights translating into reality whether social or political on national
and international levels.
Human Rights Education became an official central concern internationally after the
World Conference on Human Rights in 1993. This conference brought the issue of
educating formally to the top of many countries’ priority lists and was brought to the
attention of the United Nations. It was two years later that the United Nations approved the
Decade for Human Rights Education, which reformed the aims of application once again.
Since the development of the UN Decade, the incorporation of human rights education into
formal school curricula has been developed and diversified with the assistance of
nongovernmental organizations, intergovernmental organizations, and individuals
dedicated to spreading the topic through formal education.
Today the most influential document used to determine what qualifies as human
rights and how to implement these ideas and rights into everyday life is the Universal
Declaration. The declaration was adopted by the General Assembly in 1948, making
December 10 annual Human Rights Day ever since. To this day the 30 article compilation is
seen as “a common standard of achievement for all peoples and all nations”3.
3 Wikipedia, Human rights education, WIKIPEDIA ( Sept. 16, 2018, 02:00 PM),
https://en.wikipedia.org/wiki/Human_rights_education#Human_rights_education_history.

6. The UN Decade for Human Rights Education
Since the adoption of the Universal Declaration, the United Nations General
Assembly has called on Member States and all segments of society to disseminate and
educate about this fundamental document. In 1993 the World Conference on Human Rights
in Vienna reaffirmed the importance of human rights education, training and public
information, declaring it "essential for the promotion and achievement of stable and
harmonious relations among communities and for fostering mutual understanding,
tolerance and peace."4 In response to an appeal by this World Conference, the General
Assembly proclaimed the period 1995 to 2004 the UN Decade for Human Rights Education.
In proclaiming the United Nations Decade for Human Rights Education in December
1994, the General Assembly defined human rights education as "a life-long process by
which people at all levels of development and in all strata of society learn respect for the
dignity of others and the means and methods of ensuring that respect in all societies."5 The
Assembly emphasized that the responsibility for human rights education rested with all
elements of society--government, nongovernmental organizations, professional
associations, and all other sectors of civil society, as well as individuals.
The Plan of Action for the Decade further defines human rights education as
"training, dissemination and information efforts aimed at the building of a universal culture
of human rights through the imparting of knowledge and skills and the molding of attitudes
which are directed to:
a) The strengthening of respect for human rights and fundamental freedoms;
b) The full development of the human personality and the sense of its dignity;
c) The promotion of understanding, tolerance, gender equality, and friendship
among all nations, indigenous peoples and racial, national, ethnic, religious and linguistic
groups;
d) The enabling of all persons to participate effectively in a free society;
e) The furtherance of the activities of the United Nations for the maintenance of
peace."
During this Decade, the UN is urging and supporting all its Member States to make
information about human rights available to everyone through both the formal school
system and popular and adult education.4
4 Human Rights Resource Center, Human Education Handbook, UNIVERSITY OF MINNESOTA,
http://hrlibrary.umn.edu/edumat/hreduseries/hrhandbook/part1B.html.

7. RELATED LAWS
A) CONSTITUTION
The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A in the
Constitution of India to provide free and compulsory education of all children in the age
group of six to fourteen years as a Fundamental Right in such a manner as the State may, by
law, determine. The Right of Children to Free and Compulsory Education (RTE) Act, 2009,
which represents the consequential legislation envisaged under Article 21-A, means that
every child has a right to full time elementary education of satisfactory and equitable
quality in a formal school which satisfies certain essential norms and standards.
Below are given constitutional provisions on Education:
1. Free and Compulsory Education:
The Constitution makes the following provisions under Article 45 of the Directive
Principles of State Policy that, “The state shall endeavour to provide within a period of ten
years from the commencement of this Constitution, for free and compulsory Education for
all children until they complete the age of fourteen years.”
The expression ‘State’ which occurs in this Article is defined in Article 12 to include
“The Government and Parliament of India and the Government and the Legislature of each
of the States and all local or other authorities within the territory of India or under the
control of the Government of India.” It is clearly directed in Article 45 of the Constitution
that the provision of Universal, Free and Compulsory Education becomes the joint
responsibility of the Centre and the States.
In the Constitution it was laid down that within 10 years, i.e., by 1960 universal
compulsory education must be provided for all children up to the age of 14, But
unfortunately, this directive could not be fulfilled. Vigorous efforts are needed to achieve
the target of 100 percent primary education. The Central Government needs to make
adequate financial provisions for the purpose. At the present rate of progress it may,
however, be expected that this directive may be fulfilled by the end of this century.
2. Education of Minorities:
Article 30 of the Indian Constitution relates to certain cultural and educational
rights to establish and administer educational institutions.
It lays down:

8. (i) All minorities whether based on religion or language, shall have the right to establish
and administer educational institutions of their choice.
(ii) The state shall not, in granting aid to educational institutions, discriminate against any
educational institution on the ground that it is under the management of a minority,
whether based on religion or language.
3. Language Safeguards:
Article 29(1) states “Any section of the citizen, residing in the territory of India or
any part there of having a distinct language, script or culture of its own, hall have the right
to conserve the same.” Article 350 B provides for the appointment of special officer for
linguistic minorities to investigate into all matters relating to safeguards provided for
linguistic minorities under the Constitution.
4. Education for Weaker Sections:
Article 15, 17, 46 safeguard the educational interests of the weaker sections of the
Indian Community, that is, socially and educationally backward classes of citizens and
scheduled castes and scheduled tribes. Article 15 states, “Nothing in this article or in clause
(2) of Article 29 shall prevent the state from making any special provision for the
advancement of any socially and educationally backward classes of citizens or for the
scheduled castes and the scheduled tribes.”
Under Article 46 of the Constitution, the federal government is responsible for the
economic and educational development of the Scheduled Castes and Scheduled Tribes
It states. “The state shall promote with special care the educational and economic
interests of the weaker sections of the people and in particular, of the Scheduled castes and
Scheduled Tribes and shall protect them from social injustice and all forms of exploitation.”
It is one of the Directive Principles of State Policy.
5. Secular Education:
India is a secular country. It is a nation where spirituality based on religion, had
always been given a high esteem. Under the Constitution, minorities, whether based on
religion or language, are given full rights to establish educational institutions of their
choice. Referring to the constitutional provisions that religious instructions given in
institutions under any endowment or Trust, should not be interfered with even if such
institutions are helped the State.
Article 25 (1) of the Constitution guarantees all the citizens the right to have
freedom of conscience and the right to profess, practice and propagate religion.

9. Article 28 (1) states, “No religious instruction shall be provided in any educational
institution if wholly maintained out of state fund.”
Article 28 (2) states, “Nothing in clause (1) shall apply to an educational institution
which is administered by the State but has been established under any endowment or
Trust which requires that religious instruction shall be imparted to such institution.”
Article 28 (3) states, “No person attending any educational institution by the state or
receiving aid out of state funds, shall be required to take part in any religious instruction
that may be imported in such institutions or to attend any religious worship that may be
conducted in such institution or in any premises attached thereto unless such person or, if
such person a minor, his guardian has given his consent thereto.”
Article 30 states, “The state shall not, in granting aid to educational institution
maintained by the State or receiving aid out of State funds, on grounds only of religion,
race, caste, language or any of them.”
6. Equality of Opportunity in Educational Institutions:
Article 29(1) states “No citizen shall be denied admission into any educational
institution maintained by the State or receiving aid out of State funds, on grounds only of
religion, race, caste, language or any of them.”
The Fundamental Rights of the Indian Constitution has also adopted the fourfold
ideal of justice, Liberty, Equality and Fraternity. Our Constitution laid down that in the eyes
of law, everyone should have an equal status, to no one the justice be denied, everyone
should have liberty of thought, expression.
The fundamental right of equality clearly signifies that in the eyes of law no
distinction can be made on the basis of any position, caste, class or creed. Side by side the
right of equality of opportunities to all is also provided. The equality of opportunity is
meaningless, unless there are equal opportunities for one’s education.
The well-known Kothari Commission, 1964-66 recommended that Central
Government should undertake the responsibility in education for the equalization of
educational opportunities with special reference to the reduction of inter-state differences
and the advancement of the weaker section of the community.
7. Instruction in Mother -Tongue:
There is diversity of languages in our country. After the dawn of Independence,
Mother- Tongues have received special emphasis as medium of instruction and subjects of

10. study. In the Constitution of India, it has been laid down that the study of one’s own
language is a fundamental right of the citizens.
Article 26 (1) states, “Any section of the citizens, residing in the territory of India or
any part there of, having a distinct language, script or culture of its own, shall have the right
to converse the same.”
Article 350 A directs, “It shall he endeavour of every state and every local authority
to provide adequate facilities for instruction in the mother-tongue at the primary stage of
education to children belonging to linguistic minority groups.”
Secondary Education Commission, 1952-53 recommended that the mother tongue
or the regional language should generally be the medium of instruction throughout
secondary school stage subject to the provision that for linguistic minorities, special
facilities should be made available. Kothori Commission, 1964-66 has also said that at
college and university stage, mother-tongue should be the medium. The medium of
instruction at school level is already mother-tongue. This is not a new proposal.
8. Promotion of Hindi:
The Indian Constitution makes provision for the development and promotion of
Hindi as national language. Article 351 enjoins the Union, the duty to promote the spread of
the Hindi language.
Hindi accepted as the Official Language of India as laid down by the Constitution in
following words:
“It shall be the duty of the Union to promote the spread of the Hindi language, to
develop it so that it may serve as a medium of expression of all the elements of the
composite culture of India.” In practice, Hindi is already largely in use as a link language for
the country. The educational system should contribute to the acceleration of this process in
order to facilitate the movement of student and teacher and to strengthen national Unity.
9. Higher Education and Research:
Parliament has the exclusive rights to enact legislation in respect of institutions and
Union Agencies mentioned in entries 63, 64, 65, and 66 of List. The entries which give
authority to the Government of India in education are mentioned below:
Entry 63 of the Union List:

11. The institutions known at the commencement of this Constitution as the Banaras
Hindu University, the Aligarh Muslim and the Delhi University, and any other institution
declared by Parliament by law to be an Institution of National importance.
Entry 66 of the Union List: Co-ordination and determination of standards in
institution for higher education or research and scientific and technical institutions.
10. Women’s Education
One of the unique features of Modem Indian Education is the tremendous
advancement of Women’s Education. Education of the girls is considered to be more
important than that of the boys.
The Constitution makes the following provisions under different articles:
Article 15(1) provides that the State shall not discriminate any citizen on groups
only of sex.Article 15 (3) reads: ”Nothing in this article shall prevent the State from making
any special provision for women and children.”
The well-known National Policy on Education was concerned about the status and
education of women in the country. It envisages that education would be used as a strategy
for achieving a basic change in the status of women. It opined that the national system of
education must play a positive role in this direction.The Policy states, “Education will be
used as an agent of basic change in the status of women. In order to neutralize the
accumulated distortions of the past, there will be a well conceived edge in favour of
women.”
11. Education in the Union Territories:
Article 239 of the Constitution states, “Save as otherwise provided by Parliament by
Law, every Union Territory shall be administrator by the president acting to such extent as
he thinks fit through an administrator to be appointed by him with such designation as he
may specify.”
12. Educational and cultural relations with foreign countries:
Entry 13 of the Union List reads. Participation in international conferences,
associations and other bodies and implementing decisions made there at.5
5 Z.Khan, 12 Major Constitutional Provisions on Education in India, YOUR ARTICLE LIBRARY
(Sept. 18, 2018, 11.00 AM), http://www.yourarticlelibrary.com/constitution/12-major-
constitutional-provisions-on-education-in-india/45230.

12. B) Other Laws & Ammendment
In India some abortive efforts were made only in the mid eighties to promote human
rights education in the country. In this direction, the University Grants Commission (UGC)
had appointed a committee on Human Rights Education under the Chairmanship of Mr.
Justice S.M. Sikri, the then judge of Supreme Court of India in 1980. The Sikri Committee
came up with a comprehensive report titled 'Blueprint for Promotion of Human Rights in
India at All Levels' in 1985. The Report suggested a blueprint for teaching human rights in
schools, colleges, and universities and in adult and continuing educational centres. The
Sikri Committee Report was sent to NCERT and to various universities to initiate follow-up
action in the matter. However, the UGC, NCERT, and the universities took no effective
follow-up action till the late 1980s.
An attempt to introduce human rights teaching in all universities was made in 1985
when a national symposium was organized by the Human Rights Centre of the Jawaharlal
Nehru University, New Delhi, with support of the UNESCO and the UGC. The Symposium
made a set of recommendations regarding teaching of human rights from primary level to
college/university, including professional levels. Subsequently, its recommendations were
published and widely circulated to all universities and educational institutions. It
persuaded the University Grants Commission to introduce human rights education at the
university level. As a result, human rights education is now being imparted in over 35
Universities /Colleges across the country and also in the National Law Schools (Tiwari
2004).
The Parliament of India has passed the protection of Human Rights Act, 1993 and
through the provisions of the Act, new Institutions were set up as National human Rights
Commission(NHRC), State Human Rights Commission(SHRC) and Human Rights Court.
Under Section 12(g) of the Act, the Statute of the Commission requires to undertake and
promote research and to create awareness and literacy in the field of human rights in
collaboration with universities, institutions and non-governmental organizations and
media.
The National Human Rights Commission in collaboration with the NCERT had
brought out a Source Book on Human Rights in 1996. The source book is prepared for the
promotion of Human Rights Education in the country at School level and Dossiers on
Human Rights Education for Beginners (2005) for college and University
level. Further, NHRC Recommended Module on Human Rights Education for Teaching
Professionals for Primary, Secondary and Higher Secondary levels (2007) and National
Curriculum Framework for University Students on Human Rights Education(NHRC 2007).

13. At village level, with the help of Aganwardi workers, community health workers
ASHA and social workers could generate awareness among the villagers about their health
and education rights. It can include women rights’, reproductive health and children
malnutrition rights. At Taluka (Block) and District Legal Service Authority can play a
pivotal role in creating legal awareness and also handle local conflicts through technique of
ADR. The Human rights education that sees itself devoted specifically to “ transforming
conflicts” has been primarily problem-centered, focusing on the reduction, avoidance, and
elimination of conflict As such, it has been devoted more to a study directed toward
eliminating the causes of conflict and also understanding of consequences as well as
remedial or preventive measures towards establishing peace process though enrollment of
various stakeholders. Therefore, people in the society or community need human rights
and human duties. The people need to update about their rights and responsibility, law and
practice of social action which helped in reducing conflict and amicable peace process.
The local civil society organizations including NGOs and media persons should take
up responsibility to creating a culture of human rights in society. The non-government
organizations and local media should focus on youth community and prepare them as
citizen journalists and human rights volunteers. Individuals have to play a constructive role
in taking up issue of human rights fact finding, documentation and media advocacy. Overall
the mass movement for cause of human rights and concern for each and every one is the
responsibility of Individuals, youths, media and voluntary organizations towards public
education and awareness which works as part and parcel of human rights itself. Eventually,
in the age of Information, Social media might make a difference through various use of
computer, Internet, mobile phones etc. and can prevent many abuses and heal victims and
survivors6.
6 Dr. Kamlesh Kumar, Relevance of Human Rights Education in Indian Society, YOJANA
(2008), http://yojana.gov.in/public-account3jan.asp.

14. C) Government Initiative
MHRD has taken a number of Initiative to improve and protect Human Rights in
Education and inculcate Human Rights Education in various sector of Education.
In Pursuance of the UN General Assembly Resolution of December 23, 1994,
declaring the period 1995-2004 as the UN Decade for Human Rights Education and the
Programme of Action finalized in October 1995, “ Action Plan- Human Rights Education”
was approved which includes the following items in respect of Education :
 Generating Awareness and Reach through media advocacy to the deprived
and special target groups of Children that a right to Basic Minimum
Education is their Human Right.
 Introduction to Human Rights issues in the school curricula- at Primary as
well as at Secondary levels and preparation of appropriate course material
for this purpose in a way to make it part of the students all-round
development.
 Devising a plan of Action for training the teachers of human rights/values in
collaboration with State Education Department.
 Introducing courses of Human Rights at the Undergraduate and Post-
Graduate levels, including either a compulsory/ special paper at
Undergraduate Level.
 Introduction of Short term/ Long term courses on Human Rights through the
distance education programmes. IGNOU and other premier universities
should be encouraged by UGC to take up these courses by liberally founding
this courses.
 Dissemination of information on Human Rights should be carried out
through websites.

15. COMPARATIVE ANALYSIS:
A) USA
Using the older, schools-only conception, many countries established human rights
as an essential component of the school curriculum decades ago. As a result their current
populations have a high level of understanding about human rights. However, in the United
States human rights education is still in its beginning stages. Although virtually every high
school in the country requires a course on the US Constitution and Bill of Rights, very few
people study human rights in schools or even at the university or graduate level.
The National Council for the Social Studies (NCSS) brought human rights education
to national attention for the first time in September 1985 with a groundbreaking issue of
its periodical Social Education dedicated to the topic of human rights. Articles stressed the
human rights dimension of traditional social studies topics like the civil rights movement,
the Holocaust, and the Emancipation Movement. In an influential article, "Human Rights:
An Essential Part of the Social Studies Curriculum," Carole L. Hahn, then national president
of the NCSS, argued for the global perspective and democratic attitudes fostered by human
rights education.
In the same year, Amnesty International USA organized its Human Rights Educators'
Network and in 1989 began producing Human Rights Education: The 4th R, the first US
periodical in this new field. In 1991 the Human Rights Educators' Network of Amnesty
International USA published a defining rationale for human rights education that reflected
the expanding definition of the field:
HUMAN RIGHTS EDUCATION declares a commitment to those human rights
expressed in the Universal Declaration of Human Rights of 1948, the UN Covenants, and the
United States Bill of Rights. It asserts the responsibility to respect, protect, and promote the
rights of all people.
Human rights education promotes democratic principles. It examines human rights
issues without bias and from diverse perspectives through a variety of educational
practices.
Human rights education helps to develop the communication skills and informed
critical thinking essential to a democracy. It provides multicultural and historical
perspectives on the universal struggle for justice and dignity.
Human rights education engages the heart as well as the mind. It challenges
students to ask what human rights mean to them personally and encourages them to
translate caring into informed, nonviolent action.

16. Human rights education affirms the interdependence of the human family. It
promotes understanding of the complex global forces that create abuses, as well as the
ways in which abuses can be abolished and avoided7.
In 1986 David Shiman had published the first human rights curriculum in the United
States, Teaching about Human Rights, which has been followed by a steady stream of new
resources in the field, notably Betty Reardon's Teaching for Human Dignity (1995) and the
establishment of the University of Minnesota Human Rights Education Series in 1998.
Another significant stimulus was the 1992 meeting of human rights educators sponsored
by the Columbia University Center for the Study of Human Rights with the support of the
Organizing Committee of the People's Decade of Human Rights. Many US human rights
educators met for the first time at this seminal meeting and formed working alliances that
have resulted in significant projects such as Human Rights USA, a partnership of Amnesty
International USA, the Center for Human Rights Education, the University of Minnesota
Human Rights Center, and Street Law, Inc. Sponsored by the Ford Foundation, Human
Rights USA sought to raise human rights awareness and celebrate the fiftieth anniversary
of the Universal Declaration of Human Rights in 1998.8
As a result of such efforts, human rights education in the United States has become a
recognized educational force. However, it remains to find an established place in the
mainstream educational system. Instead it has flourished in alternative settings: non-profit
organizations, extracurricular groups like Amnesty International's campus chapters,
alternative educational settings, and communities of faith. See Part VII, "Human Rights
Education Resources," p. 155, for a list of US organizations engaged in human rights
education.
7 Nancy Flowers, About Human Rights Education, HUMAN RIGHTS EDUCATORS USA (Sept.
15, 2018, 10.30 AM), https://hreusa.org/hre-guide/about-hre/.
8 Human Rights Resource Center, Human Education Handbook, UNIVERSITY OF MINNESOTA,
http://hrlibrary.umn.edu/edumat/hreduseries/hrhandbook/part1B.html#6.

17. B) PAKISTAN
Pakistan includes the earliest known civilization of South-Asia, the Indus Valley
Civilization. Her highest point in the north is the Himalayan peak K2, the second highest
mountain on Earth reaches 8,611 m (28,251 feet) and her lowest point touches the Arabian
Sea in the south. The hot climate, one of the highest temperature in the world, 53.5°C
(128.3 °F) in 2010, makes the silk or cotton traditional dress of women in South and
Central Asia, Shalwar kameez, ideal. Pakistan is internationally known for their strong
cricket.
The Pakistan human rights community boasts some of the world’s most well-known
activists as well as many national-level organizations that have led a long, arduous struggle
for democracy and human rights since the military dictatorship in the 1980s. While these
well-established human rights organizations have made significant efforts to develop the
knowledge and skills of these activists for the most part this has been through project-
related workshops that have limited focus on intensive, practical training. As a result, the
second tier leadership of the human rights community has been slow to emerge. Moreover,
these activists are confronted by challenges different from those faced by veteran human
rights activists whose careers were defined primarily by opposition to military
dictatorship.
While Pakistan’s human rights situation remains dismal, with continuing violence
against women, children, and religious minorities, extrajudicial killings and
disappearances, sectarian strife, and widespread abuses by police, security forces, feudal
lords, and others, the overall socio-political context faced by the younger generations of
activists has transformed markedly. Society has become increasingly conservative and
terrorism and other types of organized violence by non-state actors have grown out of
state control. At the same time, the media is freer than at any time in the past and new
communication tools and techniques are available to the current generation.
To deal with these new challenges and leverage new technologies, younger activists
must overcome structural weaknesses within the human rights movement. Religious
conservatives and non-state actors consistently charge that human rights and democracy
represent a “Western Agenda,” and many human rights activists lack sufficient clarity and
understanding of these concepts to counter these charges at the grassroots level, or worse,
they themselves may also subscribe to these beliefs.
Human rights activists, especially those working in rural areas where human rights
violations are most serious, have great commitment but lack the skills and resources as
compared to groups working in urban centers. Human Rights Education in Asia-Pacific

18. Furthermore, many organizations in Pakistan do not have well institutionalized decision-
making processes, systems, or internal democracy, which hampers an organization’s
sustainability, transparency, capacity to network and form vibrant coalitions, and ability to
remain effective over time. In addition, Pakistan lacks centers for human rights education,
which can be found in many other countries, dedicated to strengthening the knowledge and
skills of human rights defenders and the institutionalization of human rights work more
broadly.
Centre for Human Rights Education- Pakistan
The Centre for Human Rights Education - Pakistan (CHRE) emerged in this context
in 2010 and has been operating in the challenging environment since its formation. Over
the last few years, it has been focusing on multiple themes to address and counter the
situation - Democratic Development, Peace and Tolerance and Human Rights. It is now a
reputed organization among the civil society for its courageous standpoint on human rights
issues and timely initiatives against religious extremism, intolerance and terrorism and its
qualitative training programs to produce the cadre of trained human rights defenders.
Objectives
CHRE envisions building the capacity of members of the civil society, communities
and government institutions to foster a culture of human rights. CHRE strives for the
advancement of equality and respect for human dignity in Pakistan and around the world
through human rights education programs, research and advocacy initiatives.
It has the following objectives:
• To build the capacity and knowledge of members of civil society groups, human
rights defenders and officials of government institutions;
• To enhance the realization and understanding of Universal Declaration of Human
Rights and other human rights standards;
• To research and advocate for policy and legislative reforms for the protection and
promotion of human rights; and Human Rights Education and Pakistan
• To develop strategic alliances and partnerships with like-minded individuals and
civil society groups in order to carry forward its vision and mission.9
9
Samson Salamat, Human Rights Education and Pakistan, HU RIGHTS OSAKA,
https://www.hurights.or.jp/archives/asia-pacific/section1/seven_2-2.pdf.

19. “The 30 Human Rights are the basic manners of a civilized society. These manners
are taught in the home, refined in educational institutions and practiced in the workplace.
Each of us has a part to play in creating this civilized society. ” Fareeda Abbasi, YHR-
Pakistan Coordinator.10
10 Youth for Human Rights, PAKISTAN: Human Rights Education, Youth for Human Rights
(April. 15, 2014), http://www.youthforhumanrights.org/news/2014-pakistan-human-rights-
activity.html.

20. CASE LAWS
Mohini Jain v Karnataka (Supreme Court of India; 1992)
Facts
Miss Mohini Jain, a resident in Uttar Pradesh, applied to enrol in a course at Sri
Siddhartha Medical College, a private medical college in Karnataka. The college requested a
deposit of Rs. 60,000 for tuition fees for the first year and a bank guarantee to cover the
fees for the remaining years. Jain and her family did not have the means to pay the
requested sum, and the private medical college denied her admission to the course.
Jain filed a petition with the Supreme Court of India against the Karnataka
government, challenging the notification permitting the private medical college to charge a
higher tuition fee to students not admitted to government seats than those admitted to
government seats. The Karnataka Medical Colleges Association and the Sri Siddhartha
Medical College were also added as respondents.
Issue
The case presented three main questions before the Supreme Court:
1. Whether a right to education is guaranteed under the Indian Constitution.
2. If so, whether allowing private schools to charge capitation fees violates this right.
3. Whether charging capitation fee in educational institutions violates Article 14 of
the Indian Constitution, which guarantees equal protection of the laws.
Laws
In the absence of an express constitutional right, the Court interpreted a right to
education as a necessary condition for fulfilment of the right to life under Article 21 of the
Indian Constitution. In addition, the Court held that private institutions, acting as agents of
the State, have a duty to ensure equal access to, and non-discrimination the delivery of,
higher education.
Decision
The Supreme Court first held that, although the right to education was not explicitly
guaranteed by the Constitution, it is essential to the realisation of the fundamental right to
life and human dignity under Article 21. In addition, the Court found that “It [is] clear that
the framers of the Constitution made it obligatory for the State to provide education for its

21. citizens.” In its reasoning, the Court cited the Universal Declaration of Human Rights, and a
number of cases that held that the right to life encompasses more than “life and limb”,
including necessities of life, nutrition, shelter and literacy.
Turning to the issue of the fees, the Court struck down the payment of capitation
fees as a condition for entry into any educational institution, whether public or private.
According to the decision, access to education must be realised for all people regardless of
income. If the State decides to discharge its obligations under the Constitution through
private institutions, these institutions must abide by the same constitutional requirements
as the State. Therefore, because capitation fees make access to education based on income
rather than merit, they were deemed to be contrary to the right to education, and arbitrary
and in violation of the right to equal protection of the laws under Article 14 of the
Constitution.
Finally, the Court held that the fees charged by the Sri Siddhartha Medical College
under the government notification were capitation fees, and not tuition fees. Therefore, the
charging of the fee was also in violation of the Karnataka Educational Institutions
(Prohibition of Capitation Fee) Act11.
11 Legal, Crystal, Miss. Mohini JaIn Vs. State of Karnataka and Others - Court Judgment,
LEGAL, CRYSTAL (2018), https://www.legalcrystal.com/case/655231/miss-mohini-jain-vs-
state-karnataka.

22. CONCLUSION
Education on Human Rights is very crucial in spreading awareness in to the lives of
the people. The Report demonstrates that there is an expanding literature on HRE, based
on traditions such as critical pedagogy, world polity studies, textbook and curricular
analysis, school change, classroom studies, adult learning, transformative learning and
youth development. An Integrated Model combined with formal and non-formal way of
creating awareness and spreading public education along with institutional framework is
expected to be proved significant change in the domain of human rights education. While
this model is involving actors and institutions to unleash their potential and creativity
towards capability of individuals, groups of people and community for action oriented
solution of human rights violations12.The rich and diverse range of research that has
already been carried out suggests many discrete directions that future studies may take.
Additional research in any of the aforementioned categories would be welcomed and
would increase our understanding of the theory and practice of HRE.
However the unique qualities that HRE aspires to have – such as the use of
participatory and critical pedagogy – and its aims to promote a human rights culture
suggest that future research might concentrate especially on these areas. Human rights
education is attempting to distinguish itself on the basis of its potential to “empower” and
“transform.” Yet, our understanding of how such dynamics can take place are somewhat
limited, at least in the research base.
There also remains a need for scientifically rigorous impact evaluations on the
outcomes of HRE programming, and how such programming can successfully operate
within a given human rights context, learning environment and learner group.
Practitioners should be able to draw on studies in order to design programs in ways that
will maximize its benefits, taking into account these many variables. Researchers may also
want to pay special attention to contexts or learner groups where we may be finding
particular strong impacts. For example, studies conducted to date suggest that HRE
outcomes may be influenced by individuals with particular background characteristics
(e.g., highly empathetic persons, membership in a vulnerable group). Such research may
help us to fill the “action” gap between HR awareness and knowledge and participation in
the political domain or taking steps to change behavior in inter-personal relationships.
At the same time, the design and conduct of research in the field of human rights
education should remain grounded in rigor and realism. Even if practitioners would hope
12 Dr. Kamlesh Kumar, Relevance of Human Rights Education in Indian Society, YOJANA
(2008), http://yojana.gov.in/public-account3jan.asp.

23. that human rights education programs will bring about changes supportive of a human
rights culture, as with any educational program, one cannot expect such outcomes on the
basis of short-term educational experiences. Thus, as future studies allow us to better
understand the ingredients for success – as well as failure – within HRE, such lessons can
be applied for program improvement13.
13 Felisa Tibbitts & Peter G. Kirchschlaeger, Perspectives of Research on Human Rights
Education, COLUMBIA BLOGS (Aug. 29, 2010),
http://blogs.cuit.columbia.edu/peace/files/2013/05/tibbitts_kirchschlaeger_research_hre_j
hre_1_2010.pdf

24. SUGGESTIONS/RECOMMENDATIONS
In our constitution every citizen has a right to education and it is the States
responsibilities to provide good education facilities to the citizens. If capitation fee is
charged then only richer section of the society can benefit from it , then the Economically
poor section of the Society can’t afford such expensive means of Education. Then this
infringes their right to equality under Article 14.
Admission to the student should be based solely on merit rather than on capitation
money. Institution should give preference to the one who is intellectually capable and who
is scoring high in merit and not looking for the one who can be able to pay high Donation
Fees.