Centre for Human Rights Studies

The Violence of Social Exclusion

Research within this cluster explores dimensions of international human rights law principles of non-discrimination and inclusion within the context of caste, class, gender, and ageism. While discrimination on grounds of caste, class, race, and gender have generated significant scholarship, discrimination and exclusion on grounds of ageism is a relatively new area of study from social and legal viewpoints in Asia. Exclusion of a group from basic economic, social, cultural rights forms the backbone of this area.

Age, Ageism and Human Rights

Globally, ageing constitutes one of the most significant demographic transformations of the 21st century. Research under this project is undertaken with the objective of assessing the existing standards on human rights for the elderly under international law to examine the adequacy of these provisions, including those under soft law, in addressing contemporary concerns of the elderly in India. While considerable attention has been accorded to the human right concerns for the elderly under the UN Mechanisms in the last decade or so; including, inter alia the appointment of the Independent Expert on the Enjoyment of All Human Rights by Older Persons, in the absence of a legally binding international law treaty addressing and articulating specific needs of the elderly and for setting international standards, states regularly violate and neglect the human rights of elderly.

Manual Scavenging in India

The legal discourse of customary practices helps ‘normalize’ and ‘naturalize’ caste-based division of labour by fixing the categories of clean and unclean bodies performing clean and unclean occupations. The practice of manual scavenging is grounded in the acceptance of the idea of the inevitability of caste-based labour is one of the most inhumane manifestations of caste based discrimination in India. In 1993, India enacted the Employment of Manual Scavengers and Dry Latrines (Prohibition) Act and in 2013 The Prohibition of Employment as Manual Scavengers and their Rehabilitation Act. The laws recognize the practice of manual scavenging, which continues unabated in major parts of the country as ‘dehumanizing’. Implementation of the law is the subject matter of pending litigations at several High Courts and the Supreme Court of India. CHRS in collaboration with civil society organizations, advocates and academics works towards creating conversations to build momentum for the eradication of this dehumanizing practice.  Focus remains engagement with the law and its implementation. Research on the wide variety of practices that fall within the dimensions of manual scavenging.

Intimate Violence as a Human Rights Violation

Research within this cluster explores violence in private spaces within the context of the patriarchal structures and gendered power hierarchies in society that sustain private violence. Despite the enactment of laws such as The Protection of Women from Domestic Violence Act (PWDVA), 2005, provisions for criminalization of cruelty and dowry death (Section 498A and Section 304B of the Indian Penal Code respectively), violence on women in domestic spaces is trivialized, normalized, and tolerated by the survivors as well as the State and its functionaries. The overarching theme of this cluster is the study of the various ways in which violence manifests and adversely impacts the right to bodily integrity, physical and mental health, and dignity of the survivors. It also interrogates how far the laws and their implementation have been useful in addressing violence in intimate spaces.

A social -legal research study of domestic violence on women in select states in India will be conducted in collaboration with grassroots organizations and other stakeholders working in this area. The broad objective of the study is to assess the enforcement of laws addressing domestic violence, to understand gaps in implementation and identify best practices for intervention in working with domestic violence survivors.

Environmental Justice and Human Rights

The United Nations (UN) General Assembly has recognized clean, healthy and sustainable environment a universal human right. The resolution has been ratified by all 193 member states, establishing thereby, state obligation to ensure protection and fulfilment of this critical right through strengthening of positive environmental management, establish rule of law to ensure greater accountability for violations by states including private actors such as large corporates.

Research under this cluster is aimed at understanding the components of the Rule of Law and Human Rights in a contemporary global landscape. Research at the Centre will broadly focus on ways to strengthening environmental management to ensure accountability and inclusive environmental policies; strengthening legal frameworks to ensure environmental justice; protect marginalized communalities – women and children – indigenous people – on who suffer disproportionately the impact of both natural and man- made disasters; and the role played by human rights organizations and human rights activists in protecting the rule of law.

Rights – Camera – Action – The Chrs Film Club

CHRS conducts a series of discussions around the representation of human rights on screen. The CHRS Film Club- Camera, Rights, Action curates fortnightly screenings of movies and documentaries around diverse themes of human rights at the Performing Arts Academy at the JGU campus. Screening of the film is followed by an open-house discussions around the film and the critical human rights issues that emerge. On occasions, filmmakers, directors, producers, and cinematographers are invited to share their experiences in engaging with subjects of human rights violations during the ‘making’ of the film.

The Club aims to encourage student and faculty-led discussions around representations and conversations about human rights. It allows for an informal space to discuss critical issues around human rights and their depiction to develop research-oriented critical perspectives around mainstream conversations on human rights on the JGU campus.

The club explored the theme of police brutality and human rights through screenings of the movies “Maachis” and “Visaranai” during the Spring 2024 semester.

Panel Discussion: 13^th April 2023, 12 pm – 1.30 pm (IN PERSON EVENT at T2-T40, Global Conference Room, O.P.Jindal Global University, Sonipat)

The Decade of Healthy Ageing (2021-2030): The Potential and pitfalls of the Human Rights Approach

The Decade of Healthy Ageing (2021-2030) is a global endeavour to encourage multi-stakeholder engagement with policy and practice centered around older persons. The Decade will adopt a human rights approach to achieve its intended outcomes.

This panel discussion brought together experts in the field of ageing and elderly rights to deliberate over the relevance the Decade’s goals at the global and local levels; the use of the human rights approach in envisioning and implementing the goals; the nature of the state’s and other stakeholders’ obligations; and the inequities in healthy ageing. The panel contributed to discourse about the implications and shortcomings of the Decade’s goals for the lived realities of older persons and offered valuable perspectives.

Panelists:

1. Dnyaneshwar Manohar Mulay, Member, National Human Rights Commission, India
2. Aabha Chaudhary – Chairperson, Anugraha, India
3. Anupama Datta – Head, Policy Research & Advocacy HelpAge India, India

Moderator:
Dr. Deblina Dey, Associate Professor of Sociology, JGLS

Director, CHRS invited as a panelist at the Presentation of National Findings from the Research Report ‘Women & Ageing: Invisible or Empowered?’ On the occasion of: World Elder Abuse Awareness Day

On the occasion of World Elder Abuse Awareness Day
Organizers: HelpAge India
14^th June 2023 10 am -1 pm at Main Auditorium, India International Centre, Delhi 

Panel Discussion: Women and Ageing: Path to Empowerment

• Youtube link: https://www.youtube.com/watch?v=AikvOjhvAYc&t=16s
• https://twitter.com/Helpageindia/status/1668877469141860353

Consultation: 18 May 2024, 9:00 am-2:00 pm on Gendered Ageism and Health Inequalities

Dr Aashita Dawer and Prof Pinki Mathur are embarking on an empirical research study to explore the gendered nature of health inequalities. The study aims to understand the gendered nature of ageism and the consequent health inequalities and the ways in which ageing impacts the physical and mental well-being of women post-reproductive age, to spotlight the intersectionality of gender and age and the consequent marginalized location of older women under domestic health policies.

At the stage of conceptualization the research study, CHRS organised a Consultation with medical practitioners, policymakers, academics, activists, and civil society workers in health, gender, and ageing to identify and explore broad themes such as medical, social, economic and health policy perspectives that impact the health of women as they age.

The keynote was delivered by Prof. Dr. Stephen P Marks, Professor and Dean, Jindal School of Public Health.

PANELISTS:

1. Brototi Dutta, Senior Advocacy Adviser for Asia at the Centre for Reproductive Rights
2. Dr. Aloke Prabhu, Associate Professor at JGLS
3. Dr. Nandita Bhan, Professor and Vice Dean (Academic Affairs) at JSPH
4. Dr. Manika Bora, Assistant Professor at JGLS
5. Dr. Rama Baru, Professor, Centre of Social Medicine and Community Health, School of Social Sciences, Jawahar Lal Nehru University, Delhi
6. Anupama Datta, Head Policy Research and Advocacy on Ageing Population Issues, HelpAge India
7. Dr. Indranil Mukhopadhyay, Professor, JSGP
8. Dr. Vinod Kumar, Former Prof. of Medicine & Head of the Geriatric Clinic, AIIMS, Expert Advisor WHO, Professor Emeritus, St. Stephen’s Hospital
9. Dr. Sneh Kapoor, Consultant Psychotherapist, Co-Founder Mann Neeti
10. Dr. Rajesh Kumari, Additional Professor, OBGY AIIMS,
11. Dr. Puja Gupta, Senior Specialist in Health Systems, Ipas Development Foundation

• Theme 1: Feminization of Ageing: Empirics and Philosophy
• Theme 2: Addressing Ageing and Gender Intersectionalities
• Theme 3 – Gender Gaps in Health Policy and Legal Framework

Introductory remarks and concluding observations:

• Prof. Pinki Mathur Anurag
• Prof. Dr. Aashitha Dawer

Moderators

• Prof. Santwana Dwivedy
• Prof. Anmol Diwan
• Prof. Varsha Mohan

Misinformation and Disinformation in Elections: Right to Freedom of Expression and Voting Behavior

(ONLINE PROGRAMME)

4^th May 2023, 7.30- 9pm on Microsoft Teams

Speaker: Professor Anthony Fargo – Associate Professor, Indiana University Bloomington – The Media School, Director of Center for International Media Law and Policy Studies

Moderator: Dr Eka Nugraha Putra – Assistant Professor, JGLS, Fellow, CHRS

Freedom of expression encompassing the right to seek, receive and impart information is a core human right under international law that forms the bedrock of democracy, particularly in the context of elections.

General Comment No. 25 on Article 25 of the International Covenant on Civil and Political Rights (ICCPR) states that free expression of the will of the voters and their freedom to hold independent opinions without any coercion, distortion and inhibition is an integral element of the right to vote. Misinformation and disinformation such as fake news, false and misleading information, propaganda, and conspiracy theories distort public opinion and undermine the legitimacy of the electoral process.

The conversation with Dr Fargo interrogated the ethical and human rights implications of such misinformation and disinformation and the role of governments, civil society, and technology companies in combatting it, particularly in the context of protecting the right to free expression of the voters’ will by promoting accurate information and informed decision-making with the context of India and the United States of America.

Human Rights Conversation Series on ‘Right to Work, Livelihood and Human Rights of Rural Women Labourers in post-COVID India’ on 9th October 2023.

The guest speaker was Ms. Anuradha Talwar who is a trade union activist who works with rural labour. She has served as the West Bengal Advisor to the Supreme Court Commissioner from 2002 to 2017 in the Right to Food Case. Her work centers around issues of labour rights, gender justice, land rights/right to shelter, right to food, participatory democracy. This conversation was moderated by Adwitia Maity, Research Assistant, CHRS

This conversation explored the gender disparities in the workplace. It emphasized the fact that women’s participation in the workforce is far less than men and those who participate are more likely to suffer loss of work, inadequate payment and consequent poverty. Social expectations, family and care responsibilities further exacerbate women’s predicament in the job market. This conversation explored the impact of the COVID-19 pandemic on rural job markets from the perspective of women labour force.

Human Rights Conversation Series on ‘Manual Scavenging as a human rights violation’ on 11^th October 2023. The guest speaker was Mr. Sanjeev Khudshah

The guest speaker is a well-known Dalit writer and poet. He is the Chief Editor of the You Tube Channel DMAindia Online. He has won several awards including the Chhattisgarh Hindi Sahitya Sammelan Essay Award in 2017. His book “Safai Kamgar Samuday” on Caste and Manual Scavenging has been translated into Marathi and Punjabi.

This conversation was moderated by Pinki Mathur Anurag, Director, CHRS. The conversation focused on the practice of Manual Scavenging as one of the most serious human rights violations within the context of caste and labour in India.

 It highlighted how manual scavenging is grounded in the acceptance of the idea of the inevitability of caste-based labour. Sanjeev Khudshah has lived with persons engaged in manual scavenging to understand and feel the compulsions that force them to accept manual scavenging as their fate. The conversation attempted to understand the history of caste, untouchability, and manual scavenging from the author’s extensive research, writing and activism on this critical issue.

Human Rights Conversation Series on ‘Human Rights in the workplace – Addressing bullying to ensure equal treatment and dignity at work’ on 9th November 2023. The speaker was Ms. Agita Pasaribu, Founder and Executive Director, Bullyid Indonesia.

The conversation was moderated by Eka Nugraha Putra, Fellow, CHRS.

Bullyid Indonesia is an organization that focuses on preventing online gender-based violence and empowering survivors and victims of harassment in Indonesia. Through her organization, Agita has developed the ‘Bullyid App’ which provides survivors and victims access to psychological and legal support in case of bullying. Agita shared her expertise and experience in addressing bullying at the workplace and ways to ensure equal treatment and dignity at work. The conversation explored the various dimensions of bullying at the workplace – physical violence, psychological harassment and sexual harassment and the hurdles faced by local and global human rights campaigns to address it.

Prof. Pinki Mathur Anurag (Director, CHRS) was invited as a panelist to speak on ‘International Convention on Disability and its usefulness for Elderly’ at a webinar titled, ‘Intersectionality of Longevity and Disability’ organized by HelpAge India on 1st December 2023.

Human Rights conversations series  on Environment and Human Rights

Green Evictions: The Environmental Shield to Human Rights Violations on 17 April 2024. The speakers were Prof. Prakhar Pandey- Assistant Director Environmental Law Clinic, Jindal Global Law School and  Anuj Behal- Researcher and Journalist, Housing and Land Rights Network, New Delhi . The session was moderated by Ishan Vijay, Research Assistant, CHRS. The panel focussed on questions related to environmental protection and human rights, especially on right to housing and livelihood.

The Human Rights Conversation Series on Green Warfare: ICC’s Preparedness For Environmental Crimes In Armed Conflicts on 26 April 2024.

The speaker was Prof. Dr. Paulo Borba Casella – —Professor of Public International Law at São Paulo University Law School and the session was moderated by Alex Silvia, Senior Research Associate, CHRS.  It was a very enriching session where professor Casella discussed the  practical challenges related to investigating and persecuting environmental crimes in ICC.

Publication of the volume: “Violence in Intimate Spaces: Law and Beyond” to be published by Springer Nature Singapore

Editors: Pinki Mathur Anurag, Santwana Dwivedy
Publication date: August 2024

Book announced on: https://link.springer.com/book/9789819726561

Overview

• Discusses bold topics in imaginative styles to provide contemporary contexts on this essential subject
• Examines societal institutions through the lens of violence, as against violence through lens of society
• Goes beyond socio-cultural, religious and geographical boundaries to reflect on contemporary forms of intimate violence

Part of the book series: Sustainable Development Goals Series (SDGS)

About this book:

This book provides a textured understanding of intimate violence across the unlimited stretch of human relationships, institutions, and social structures. The volume has been conceptualized with the overarching objective to provide the reader with a collection of thoughtfully selected chapters that critically examine existing literature for an in-depth analysis of institutions through the lens of violence, beyond disciplinary and topical boundaries, from a range of methodologies. The book encourages reflections on the complexities of society, its institutions and gendered norms that enmesh violence and intimate relationships. It further examines the socio-normative contexts within which violence operates as a tool for maintaining inequalities in society. The chapters in this volume attempt to address questions such as: What are the complexities in the relationship between the perpetrator and the victim which sustain and legitimize violence? What are the diverse dimensions of violence in intimate relationships? What role does violence in intimate spaces play in preserving status quo and the pervasive gendered hierarchies within society and its institutions? Who is vulnerable to violence and why? The book covers conversations on intimate space violence and relationships that have not been explored hitherto in mainstream academic debates. The volume pivots violence fundamentally as a product of ‘entitlements’ based on gendered social hierarchies and critical intersectionalities to examine its manifestations in a variety of intimate situations and relationships beyond socio-cultural, religious and geographical boundaries. The book provides invaluable learnings for academics, researchers, students, lawyers, sociologists, social workers, health professionals and policymakers.

chrs@jgu.edu.in