Saturday, May 17, 2008

HUMAN RIGHTS 2

Dr.K.P.Thomas: Harriet Beecher Stowe wrote the book Uncle Tom’s Cabin in the middle of 19th century. She keenly observed the pang of separation of children from their mothers at a very tender age in the wilderness of Africa due to the prevailing business of slavery in the Cotton fields of Southern America. She was born in 1812, after the death of previous four siblings of her in infancy. In her family of slave owners, this also contributed to the increased sensitivity of separation of children. She had the occasion to observe the last days of an old Negro in suffering and dying, to whom she had developed an understanding, compassion and attachment. This and several other incidents were recorded by her, including some from the accounts of others, and were published in a newspaper serially. She later codified and rewrote these in the form of a novel, titled Uncle Tom’s Cabin, which became a best seller and a classic in American literary, social and political fields. At a time when many took slavery as nothing but natural and not evil, this book startled them and shocked them. But it also opened the eyes of many and slowly people started to think otherwise. The awareness created by it produced a congenial atmosphere for the slaves being released later, allowing them to choose their own destiny. Unable to reconcile with the consequent economic backlash, the southern states vehemently opposed the legislation to abolish slavery by the then president of American Union, Abraham Lincoln. The bloody civil war that broke out was very destructive, and the southern states were defeated.
Now, after about one and a half centuries later, to-day we cannot imagine about man’s slavery. But it took one full century for America to get rid of the discrimination of slavery to be completely taken off in the nineteen sixties by the late President John F. Kennedy, who paid the price with his mortal life, like his great forerunner of the cause, Abraham Lincoln. Thus after abolition of slavery by law it took nearly a century of transition period for it to be effective. The minds of the oppressor as well as the oppressed have to get used to the change. Actually, after abolition of slavery the Negroes were thrown into joblessness and crime.
This, in fact, is a lesson in Human Rights. Awareness has to be cultivated for the society’s mental make up to change. Nationhood requires time to mature and accept an idea for change. The social, economic and political changes require more than three generations to absorb and implement the righting of a wrong that is enrooted in the psyche of the people concerned.
Denial of Rights of women in the Namboothiri Community was rectified by the historically great efforts by the enlightened social workers like V.T.bhattathirippad and others. Their dramas highlighted the traditional atrocities in the community, and got themselves ostracized in the bargain. Although the whole of the traditional community was against them in the beginning, finally it was the traditionalists who got into trouble. In southern Kerala, untouchability was very much there up to early 1940s, although it was supposed to be abolished by the Maharaja of Travancore in 1936.
Dr. Babu Ravindran: In some states ostracism is prevalent even now. In some parts of Tamil Nadu and Karnataka, low cast people are prevented from wearing chappals. In most villages in Bihar even now they have to drink tea only in earthen pots, not in glasses.
Dr. Thomas: The Syrian Christian community was free of this malady, and this contributed a lot to the thriving of their farming activities for two centuries or more. And they still enjoy the benefits and thrive.
The universal education policy of the British Government in the erstwhile Malabar prevented the marginalization of some of the communities into backwardness in that region. Clearly, it is ultimately education that produces awareness which prevent any Human Right infringements.
While religion is good in its own way, it sanctifies perpetration of cruelty on its own defenseless members as well as others. Violation of Human Rights can result. Politically, the consolidation of power in the hands of a group of organized people can also perpetrate cruelty infringing Human Rights. Justice H.R.Khanna who died recently stood against infringement of Human Rights even during emergency in a habeas corpus petition on which he wrote a dissenting judgement disagreeing with four other Supreme Court judges including the then Chief Justice. His was a lone voice holding up against infringement of freedom by detention without trial even in times of emergency. The ruling hierarchy then saw to it that he never got his chief justiceship in the Supreme Court. It required great courage of conviction and an amount of self sacrifice to be on the right side at the time of crises. He then said that the avenue of a citizen to present a grievance in court should not be denied under any circumstance. Although Justice Khanna was made Law Minister in 1979 when the Government changed he resigned on the third day. He died recently on 24th Feb this year at the ripe age of ninety-four.
A fearless judiciary and press are essential for maintenance of Human Rights. A certain amount of activism is also essential on the part of the judiciary as the common man may not always have the ability to fight due to lack of resources or time.
Regarding the rights of women, it is very difficult to ensure and preserve their rights legally. We find that generally men are gentler towards their counterparts of the other sex because of their weak predicaments. Help from kith and kin as well as an effective executive action can only give them succour wherever aberrations and atrocities happen.
Sri K.V.Kunhikrishnan: There was an omission in my initial talk on introducing the subject. I had mentioned that India is signatory to most of the covenants and conventions on Human Rights. But India is not a signatory to an important agreement, although 105 countries had signed it. It is the International Criminal Court established under what is called the ‘Rome Statute’ in a UN conference there in 1998. India had no need to sign it because it was already covered by the Human Rights Act of 1993 and the fundamental rights of Indian Constitution. Details of ICC can be explained next time.

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