HUMAN RIGHTS EDUCATION INDIA - THE WAY
FORWARD
The movement and campaigns for the inclusion and strengthening of human rights education in Indian schools has been on a steady rise over the last 15 years. The process has found support and success. The unique condition of human rights in India requires a multidimensional approach for effective protection. HRE is a significant component of that process. This paper will evaluate the basis for the movement in India and suggestions for the holistic implementation of HRE in the Indian climate. The object is to promote human rights education as the way forward.
India – An Introduction The sub-continent is regarded as one of the most plural, complex and diverse nations. It is also the home of the world’s largest democracy housing over 1.2 billion people. Human Rights as a concept has been ingrained in the Indian minds from several dimensions. References to human rights principles are found in various Hindu religious texts including Manushastra, Vyasa Veda, Artha Shastra and the Gita. The teachings of Vivekananda, Mahatma Gandhi and Aurobindo have been influenced by it.[1] Indian literature and several folklore stories passed on from generation to generation also come with a strong human rights theme. The Indian Constitution, the most significant and human document, representing the ideology of the state was constructed around the same time as the Universal Declaration of Human Rights.[2] After a century long struggle against the British imperial powers, the new and free state was charged with the aim of protecting and furthering human rights and dignity. The Constitution encompasses several human rights between Articles 14 to 32 under the heading Fundamental Rights.[3] These include the right to equality, non-discrimination, opportunity, freedoms, secular education, protection of minorities and vulnerable groups, child protection and redressal, among others. The other parts o the Constitution also provide for Fundamental Duties of citizens,[4] and Directive Principles of State Policy[5] for the creation of a more social, political and economically just and equal society. Despite the above, there are extremely worrying human rights violations consistently persisting in the society. These include use of torture, abuses by armed forces, police excesses, abuse of office by those in power, delay in justice delivery, custodial violations, child labour, suppression of women, targeting of human rights workers, marginalization of venerable groups and rampant poverty.[6] The Supreme Court and High Courts since the 1970’s have also been encouraging representative or public interest legislations relating to human rights in order to increase the role of the judiciary in the protection of rights. Keeping with international obligations, the state enacted various legislations for the protection of human rights. Significant among those are the Protection of human Rights Act, 1993[7] creating the National Human Rights Commission, National Commission for Women Act, 1990[8] and the Commission for Protection of Child Rights Act, 2005[9].The state, however, continues to evade formulating a National Action Plan to combat the same. Under the said legislations, the respective bodies and commissions have the mandate to promote education and research along with promoting awareness towards protecting and promoting rights.[10]
Human Rights Education – An Effective Tool
Though there are various definitions and understandings on what human rights education is and does, including the definition put forward in the UN Declaration on Human Rights Education and Training,[11] the common factor focuses on content ad processes of human rights.[12] It relates (also) to the creation of awareness regarding the standards and rights set forth in the international declarations and conventions relating to human rights, and the procedures that exist for the redressal of violations.[13] HRE is education about human rights, through human rights and for human rights.[14] The aim of HRE is to create awareness, develop a culture of human rights, effective realization, creation of equal opportunities and prevent human rights violations across various sectors.[15] HRE is thus an essential contribution and effective tool, when used in combination with various other macro and micro level arrangements to prevent violations and to protect and promote human rights.
International Support
The very inception of the United Nations included the mandate of human rights.[16] This culminated into the Universal Declaration of Human Rights,[17] encapsulating thirty rights and various other treaties and declarations have been promulgated in this regard. These come with specific references to the right to education, including education regarding human rights. Especially Article 26 of the UDHR, Article 29 of the Convention on the Rights of the Child[18] and Article 10 of the Convention on Elimination of All Forms of Discrimination Against Women.[19]This is with the aim of promoting the full development of the human personality and using education as a tool for protection. The World Congress on Human Rights, Delhi, 1990 concluded that human rights education encompasses formal informal and non-formal education systems, and must reach parents and policy makers as well in order to transform rights into political and social realities. The Bangkok Declaration, 1993, which is of significance to Asian states, makes a specific reference to education on human rights.[20] The World Conference on Human Rights, 1993 with the Vienna Declaration and Program of Action, 1993[21] makes specific reference to education for strengthening respect for human rights and fundamental freedoms. Inclusion of human rights subject and to make arranges for the effective implementation were stressed. The Decade for Human Rights Education (1995 – 2004) put human rights education on the map and agenda, declaring it to be a life long process to learn respect and promotion of human rights. The World Programme for Human Rights Education in 2004[22] helped systemize and structure the process by advocating for national strategies.[23] In addition the International Congress on Teaching Human Rights, Vienna, 1978 organized by UNESCO, International Congress on Education for Human Rights and Democracy and the Seminar on the Teaching of Human Rights, Geneva, 1993 have also made significant contributions.
National Policies
The movement and campaigns for the inclusion and strengthening of human rights education in Indian schools has been on a steady rise over the last 15 years. The process has found support and success. The unique condition of human rights in India requires a multidimensional approach for effective protection. HRE is a significant component of that process. This paper will evaluate the basis for the movement in India and suggestions for the holistic implementation of HRE in the Indian climate. The object is to promote human rights education as the way forward.
India – An Introduction The sub-continent is regarded as one of the most plural, complex and diverse nations. It is also the home of the world’s largest democracy housing over 1.2 billion people. Human Rights as a concept has been ingrained in the Indian minds from several dimensions. References to human rights principles are found in various Hindu religious texts including Manushastra, Vyasa Veda, Artha Shastra and the Gita. The teachings of Vivekananda, Mahatma Gandhi and Aurobindo have been influenced by it.[1] Indian literature and several folklore stories passed on from generation to generation also come with a strong human rights theme. The Indian Constitution, the most significant and human document, representing the ideology of the state was constructed around the same time as the Universal Declaration of Human Rights.[2] After a century long struggle against the British imperial powers, the new and free state was charged with the aim of protecting and furthering human rights and dignity. The Constitution encompasses several human rights between Articles 14 to 32 under the heading Fundamental Rights.[3] These include the right to equality, non-discrimination, opportunity, freedoms, secular education, protection of minorities and vulnerable groups, child protection and redressal, among others. The other parts o the Constitution also provide for Fundamental Duties of citizens,[4] and Directive Principles of State Policy[5] for the creation of a more social, political and economically just and equal society. Despite the above, there are extremely worrying human rights violations consistently persisting in the society. These include use of torture, abuses by armed forces, police excesses, abuse of office by those in power, delay in justice delivery, custodial violations, child labour, suppression of women, targeting of human rights workers, marginalization of venerable groups and rampant poverty.[6] The Supreme Court and High Courts since the 1970’s have also been encouraging representative or public interest legislations relating to human rights in order to increase the role of the judiciary in the protection of rights. Keeping with international obligations, the state enacted various legislations for the protection of human rights. Significant among those are the Protection of human Rights Act, 1993[7] creating the National Human Rights Commission, National Commission for Women Act, 1990[8] and the Commission for Protection of Child Rights Act, 2005[9].The state, however, continues to evade formulating a National Action Plan to combat the same. Under the said legislations, the respective bodies and commissions have the mandate to promote education and research along with promoting awareness towards protecting and promoting rights.[10]
Human Rights Education – An Effective Tool
Though there are various definitions and understandings on what human rights education is and does, including the definition put forward in the UN Declaration on Human Rights Education and Training,[11] the common factor focuses on content ad processes of human rights.[12] It relates (also) to the creation of awareness regarding the standards and rights set forth in the international declarations and conventions relating to human rights, and the procedures that exist for the redressal of violations.[13] HRE is education about human rights, through human rights and for human rights.[14] The aim of HRE is to create awareness, develop a culture of human rights, effective realization, creation of equal opportunities and prevent human rights violations across various sectors.[15] HRE is thus an essential contribution and effective tool, when used in combination with various other macro and micro level arrangements to prevent violations and to protect and promote human rights.
International Support
The very inception of the United Nations included the mandate of human rights.[16] This culminated into the Universal Declaration of Human Rights,[17] encapsulating thirty rights and various other treaties and declarations have been promulgated in this regard. These come with specific references to the right to education, including education regarding human rights. Especially Article 26 of the UDHR, Article 29 of the Convention on the Rights of the Child[18] and Article 10 of the Convention on Elimination of All Forms of Discrimination Against Women.[19]This is with the aim of promoting the full development of the human personality and using education as a tool for protection. The World Congress on Human Rights, Delhi, 1990 concluded that human rights education encompasses formal informal and non-formal education systems, and must reach parents and policy makers as well in order to transform rights into political and social realities. The Bangkok Declaration, 1993, which is of significance to Asian states, makes a specific reference to education on human rights.[20] The World Conference on Human Rights, 1993 with the Vienna Declaration and Program of Action, 1993[21] makes specific reference to education for strengthening respect for human rights and fundamental freedoms. Inclusion of human rights subject and to make arranges for the effective implementation were stressed. The Decade for Human Rights Education (1995 – 2004) put human rights education on the map and agenda, declaring it to be a life long process to learn respect and promotion of human rights. The World Programme for Human Rights Education in 2004[22] helped systemize and structure the process by advocating for national strategies.[23] In addition the International Congress on Teaching Human Rights, Vienna, 1978 organized by UNESCO, International Congress on Education for Human Rights and Democracy and the Seminar on the Teaching of Human Rights, Geneva, 1993 have also made significant contributions.
National Policies
Education in India is primarily under state control and the body regulating it is the National Council for Education, Training and Research, created in 1975. The National Policy for Education set forth by this body in 1986,[24] concentrates on education and quality education as a human right. The emphasis is on value education, vulnerable groups, Indian values of democracy and secularism, social and moral traditions. based on the principles and need for integrated education.
The National Curriculum Framework, 2000 identifies, in furtherance of the NPE the following areas as essential for rounded learning. History of India and freedom struggle, constitutional provisions, national traditions, common cultural heritage, egalitarianism, secularism and democracy, equality, environmental protection, removal of social barriers, population control and development of scientific temper.[25]
Presently, schools at primary, secondary and higher secondary levels offer environmental studies, moral education and civics classes. Despite indications, there is no national level policy on inclusion of human rights education either as a separate subject or for broader inclusion in the curriculum.[26]
The NHRC in collaboration with NCERT came out with a source book on human rights to be used in schools. However, this book is primarily a reproduction of various conventions and declarations and thus is not able to address adequately the necessities of HRE. The NHRC has been making various efforts to have HRE included in school and university levels by making recommendations on what the content of such education should be, and what manner of instruction would be effective.[27] The focus is on areas relating to equality, rights of the child, disabled, vulnerable groups, untouchability, right to information and health of women.
Grass Root and NGO Initiatives
Institute for Human Rights Education
Human rights awareness campaigns, targeting various sectors has been prevalent in India for long. However, the systemized effort to introduce human rights education in schools was pioneered by the NGO in South India, People’s Watch Tamil Nadu. They piloted the project in a few schools in Tamil Nadu.[28] Later, the Institute for Human Rights Education was created under the auspices of PWTN in order to focus specifically on HRE.[29] The object was to be able to imprint social values in tender minds in a context where children, women, Adivasis (tribal people), Dalits (formerly known as untouchables), the poor and slum dwellers were socially, politically and economically suppressed.
One of the strong ideologies driving this organization is to change the use of education as a potential class instrument to discriminate, deny and dominate.[30]Education still continues as a tool and process of alienation - of the learned from otherwise, and the learner from their environment.
The program sought to identify key human rights issues, especially those of concern to children and modeled their learning material based on the local context in the local language. Teacher training programs were organized providing intensive training to teachers. This covered participatory learning methods, discussions and attitudinal evolution exercised. The key was to inculcate an interest in human rights among the educators.
The organization and the program began to receive state support, especially through the Adi Dravida Welfare Department, which runs schools for children from oppressed classes. They are now being offered HRE over three years in standards VI, VII and VIII.[31] The organization has slated an extensive program process including research for each state, planning, consultation meetings, authorization process, implementation, constant follow up and evaluation as a part of tailoring the program for each state.[32] Primary focus is given to the material circulated among students, which are drafted by a committee consisting of educators, human rights workers and language experts.
The program has now spread to 21 of the 28 Indian states[33] with varying levels of success.[34] While the organization recognizes that most of the success stories they have are anecdotal,[35] improvements are visible in terms of teacher attitude, changes in the home environment of the child and the teacher, ability to interfere in injustices in the immediate community, transformation of the teacher from violator to protector and self perceptions.[36]
Studies so far have not reflected the need for including training on how to approach violations in a safe manner especially in the home environment. Impact of the education on the life choices and attitude towards life and its prospects will also be able to testify firmly on the reach of the program.
Other organizations
Several other organizations in India, particularly the Indian Institute for Human Rights offer in campus and distance education courses on human rights.[37] The focus is now shifting to application skills. The Centre for Social Justice operates out of Gujarat, home of violent communal clashes. This institute provides for programs integrated in schools with a special focus on harmonious communal living. They have also managed considerable success with the program.[38]
Another significant initiative for children is Mel Jol, set up by the TaTa Istitute of Social Sciences. This organization has been setting up programs in schools with the participative model in their own development as individuals. The point is to advocate for children as stakeholders and to help tem influence their immediate environment.[39]
Challenges and Recommendations
Despite the challenges and hurdles to be enumerated here, it must be remembered that the significance of HRE is so basic and apparent that efforts must continue with the hope of fixing the problems.
- Education is primarily controlled by the state and the content delivered, strictly regulated. Often times the state or the government is the perpetrator of human rights violations, therefore it is in their interest to keep the population in ignorance. The content is micro managed and any message that might be perceived as problematic to them is resisted.[40]
- The existing structure of education in India is extremely authoritarian with the child remaining as a passive recipient of knowledge.[41] This cannot work for HRE. The participatory model is quintessential for the effective impartation of HRE.[42] This would thus involve changing the very attitude of the teachers.
- HRE will remain incomplete if the culture of human rights is not imbibed in the entire gamut of the schooling experience from classroom, curriculum, teacher student relationship, structure of the organization to the relationship between students. This would require the reformation of the existing conceptions and institutions of education on the whole to provide for a school culture of human rights.
- The time constraints and extremely cramped timetables make schools resistant to changes and additions. The Ministry for Education in India is considering reforms to reduce the burden on children, including the removal of Board exams. This is a positive move. But to get schools to make the space for HRE, the mandate must come from the top. To this end it is necessary for the Union to promulgate a progressive National Plan and Policy on HRE.
- Many Indian scholars advocate for inclusion of human rights in the syllabus of subjects of social studies, history, geography, science, mathematics ad commerce. They feel that given the challenges it is advisable not to have it as a separate subject.[43] The problem with such an approach is that human rights awareness and learning is a significant contribution to the child’s life and personality. It is the seed sown, whose benefits can be witnessed at various levels. There is a need to specifically address this and provide for the space where children stem out of strict academia and wonder about life and society.
- Teacher training and education for HRE is being conducted by few organizations who are stretching beyond their resources. As much as this is a laudable effort, it is the state’s responsibility to aid and promote them. This would require a battle against bureaucracy. A frustrating journey at sight.
- The quality of HRE is heavily dependent on the quality of the teacher – the messenger carrying the message. There is a need for the transformation of the teacher. This is difficult to achieve in a set up where they are under paid and over worked. Often times teachers themselves face human rights violations in their domestic environments or are perpetrating it. It is a difficult task to first address that, difficult yet not unachievable. The transformation of the teacher must be visible to the children. They must be able to perceive their HRE teachers as a source of protection and liberation.
- HRE must be viewed as an educational venture and as a societal tool. The human rights climate in India, as enumerated, is worrisome. While HRE is important for the complete educational experience, focus must also be on shaping the future citizens. The state and governments will resist this. There needs to be greater awareness in society regarding the need for HRE. The demand must come from the bottom, eventually culminating in a command from above.
- The greatest challenge to HRE is the frustration children face when faced with the contradiction of what they learn in class and what they live through after that. Parents must thus be sensitized. The school must go the extra mile to seek the support and understanding of the parents.
- Children often times face adverse reactions when they begin to act on what they have learn in HRE. Effort must be made to help them address their concerns or dissent in a constructive manner. This is especially important in relation to the parents and home environment.
- Teachers are wary to discuss current issues in the society. This is for fear of politicization. It is important for the teachers to find a way to address the underlying problem and steer discussions in the desired direction if necessary.
- Presently, in many schools children in the guise of HRE are merely undergoing exercises of reading and reproducing human rights provisions or brushing through human rights values. There is a need for the living experience. There must be avenues that are created by the school and the teacher for the children to practice what they learn. This can be done through co-curricular activities and integration of the child in the immediate environment.
- India has a complicated education system with different educational boards functioning simultaneously at the national and state levels. It is therefore difficult to come up with a common program that will be applicable to all. However, it is possible for he parties to come to a consensus on the basic aspects of HRE that must be factored into their respective programs. This can be the starting point.
- HRE and education in schools do not address the actual problems surrounding the child’s immediate environment. There are several, valid justifications for this. However, for HRE to be meaningful, it must be contextualized and localized. Certain human rights aspects might be of more need in some jurisdictions and not others. It is only then that the child will be able to apply their learning to their every day life. Emphasis must be laid on the local customs, literature and folklore that have a human rights theme. The common Indian cultural values must be imparted simultaneously.
- The school environment and the local mechanisms must provide for an avenue for the child to make a complaint or bring t their attention any matter of concern to them. This is an essential step toward equalizing the. Children are not presently vied as legitimate stakeholders in India. This must change. Concerted effort must be made to provide them with a voice.
- HRE though a significant component for correcting the state of education and for educating the state cannot be fruitful in isolation. It must be regarded as a component of a grander plan. Macro level arrangements must be made to create a culture and society that respects and fosters human beings. This will include social movements, economic plans, legal reforms and political corrections. The relationship between the state and the citizen can change for the better with education.
- All efforts in HRE presently center on child education. For the proper realization of human rights through HRE children must be focused on, at the same time we must not lose sight of other vulnerable groups such as women, socially oppressed and the poor communities. The National Commission for Women is provided with the mandate for promoting education for women.[44] The Report published by it for the years 2009 – 2010[45] testify to the sorry state of affair of women n India. The primary issues faced by then are harassment by police officers, domestic and marital abuse, eve teasing and harassment, abuse at work place, unequal property holdings and economic rights. Women must be targeted with Human Rights Education. This has proven to be successful in Turkey.[46] With the adoption with modification of such a model will contribute to the liberation of women and aid in the process of transforming them from second class citizens to significant leaders.
- HRE is now only targeted in the formal sector. There is a need for cross sectoral HRE impartation. While value and awareness based HRE is being imparted in the formal sector there is a need to also address those at the accountability levels.[47] State officials, specifically law enforcement officers, military personnel, legislative actors, judicial functionaries and media personnel need to be sensitized. They need to understand the role they play in the promotion and protection of human rights. Similarly a community based approach is also necessary to impart transformational learning of HRE.
The basis of HRE is holistic learning. Whatever works for the audience as long as it is in structure, content, approach and realization in consonance with human rights values must be adopted. Though there are several daunting challenges facing the HRE movement in India, the success achieved so far is only a small promise of the future that awaits it. If the models are able to evolve with time and context, the effects will play out by themselves.
[1] Pranati Panda, “Human Rights Education in Indian Schools: Curriculum Development” Human Rights Education in Asian Schools, Vol II, p. 85, Asia-Pacific Human Rights Information Centre, March 2001.[2] Adopted on 10th December 1948, G.A. Res 217 A(III), 3rd Session UN Doc A/Res/3/217 A (1948)[3] Constitution of India, 1950 available at http://lawmin.nic.in/olwing/coi/coi-english/coi-indexenglish.htm[4] Article 51A, Constitution of India, 1950[5] Articles 36 to 51, Constitution of India, 1950[6] Submission by the National Human Rights Commission to the United Nations Human Rights Council for India’s second Universal Periodic Review, 2011 available at http://nhrc.nic.in/Reports/UPR-Final%20Report.pdf (Responding to the UPR India, 2008 at the 8th Session of Human Rights Council A/HRC/8126, 2008)[7] available at http://nhrc.nic.in/
[14] Amnesty International, “Guidelines for Human Rights Friendly Schools”, Pilot Ed, 2009, ACT/70/001/2009; Article 2 of the HRET Declaration[15] Articles 3 and 4 HRET Declaration[16] Article 1 of the UN Charter, 1945 available at http://treaties.un.org/doc/Publication/CTC/uncharter.pdf[17] Adopted on 10th December 1948, G.A. Res 217 A(III), 3rd Session UN Doc A/Res/3/217 A (1948) available at http://www.un.org/en/documents/udhr/[18] General Assembly resolution 44/25, 1989 available at http://www2.ohchr.org/english/law/crc.htm[19] 1979, available at http://www2.ohchr.org/english/law/cedaw.htm[20] Article 27 of the Declaration[21] Part I, Para 33[22] General Assembly resolution 59/113 A of 10 December 2004[23] Office of the High Commissioner for Human Rights and UNESCO (2006). Plan of Action for the first phase (2005-2007) of the World Programme for Human Rights Education. New York and Geneva.
[28] V. Vasanthi Devi, Institute for Human Rights Education - Indian Experience, Human Rights Education in Asian Schools, Pg. 41, Asia - Pacific Human Rights Information Centre, 10 HRE in Asian schools 41 (2007)
[30] V. Vasanthi Devi, Institute for Human Rights Education - Indian Experience, Human Rights Education in Asian Schools, Pg. 41, Asia - Pacific Human Rights Information Centre, 10 HRE in Asian schools 41 (2007)[31] Monisha Bajaj, “From “time-pass” to transformative force: School-based human rights education in Tamil Nadu, India” in International Journal of Educational Development 2010 EDEV - 1298.
