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Himanshu Kulshreshtha
Himanshu KulshreshthaElite Author
Asked: May 1, 20242024-05-01T13:57:11+05:30 2024-05-01T13:57:11+05:30In: Political Science

Briefly describe international humanitarian laws and UN concerns for promotion and protection of human rights in India.

Give a brief overview of UN concerns for the promotion and defense of human rights in India as well as international humanitarian laws.

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    1. Himanshu Kulshreshtha Elite Author
      2024-05-01T13:57:57+05:30Added an answer on May 1, 2024 at 1:57 pm

      International humanitarian law (IHL) comprises a set of rules and principles that seek to protect civilians, combatants, and other persons who are not or are no longer taking part in hostilities during armed conflict. These rules aim to mitigate the impact of war, uphold human dignity, and minimize human suffering by establishing limits on the conduct of parties to the conflict. The primary sources of IHL include the four Geneva Conventions of 1949 and their Additional Protocols of 1977, as well as customary international law.

      Key principles of IHL include:

      1. Distinction: Parties to the conflict must distinguish between civilians and combatants, as well as between civilian objects and military objectives. Civilians and civilian objects, such as homes, schools, and hospitals, are protected from attack, while combatants and military targets may be lawfully targeted under certain circumstances.

      2. Proportionality: Parties to the conflict must ensure that any military action they undertake is proportional to the military objective pursued and does not cause excessive harm to civilians or civilian objects.

      3. Precaution: Parties to the conflict must take all feasible precautions to avoid or minimize harm to civilians and civilian objects during military operations. This includes giving advance warning of attacks when possible and avoiding the use of indiscriminate weapons.

      4. Protection of certain persons and objects: IHL provides special protection to certain categories of persons and objects, such as prisoners of war, civilians hors de combat, and medical personnel and facilities. These individuals and objects are entitled to specific rights and immunities under IHL.

      5. Respect for humanitarian relief operations: Parties to the conflict must allow and facilitate humanitarian relief operations for the benefit of affected populations, including the provision of humanitarian assistance, medical care, and protection services.

      The United Nations (UN) plays a central role in promoting and protecting human rights globally, including in India. The UN Charter and the Universal Declaration of Human Rights (UDHR) establish the foundation for the international human rights framework, while various UN bodies, agencies, and mechanisms work to monitor, promote, and protect human rights in India and around the world.

      The UN's concerns for the promotion and protection of human rights in India encompass a wide range of issues, including:

      1. Right to life and security: The UN expresses concern about incidents of extrajudicial killings, arbitrary detention, and torture in India, as well as violence against marginalized and vulnerable groups, such as Dalits, tribal communities, religious minorities, and women.

      2. Freedom of expression and assembly: The UN monitors restrictions on freedom of expression, assembly, and association in India, including limitations on media freedom, censorship, and crackdowns on peaceful protests and dissenting voices.

      3. Rights of marginalized and vulnerable groups: The UN advocates for the rights of marginalized and vulnerable groups in India, including Dalits, tribal communities, religious minorities, women, children, persons with disabilities, and LGBTQ+ individuals. The UN raises concerns about discrimination, exclusion, and violence faced by these groups and calls for measures to promote their equality, inclusion, and empowerment.

      4. Right to education and healthcare: The UN highlights challenges related to access to quality education, healthcare, and social services in India, particularly in rural and remote areas and among marginalized communities. The UN advocates for measures to ensure equitable access to education, healthcare, and social protection for all individuals in India.

      5. Humanitarian crises and displacement: The UN addresses humanitarian crises and displacement situations in India, including natural disasters, conflicts, and internal displacement. The UN provides humanitarian assistance, protection, and support to affected populations, including refugees, internally displaced persons (IDPs), and migrants.

      6. Environmental and climate-related challenges: The UN raises concerns about environmental degradation, climate change, and their impacts on human rights in India. The UN advocates for measures to address environmental and climate-related challenges, promote sustainable development, and protect the rights of affected communities.

      Overall, the UN's engagement with India on human rights reflects its commitment to promoting universal human rights principles, upholding the rule of law, and addressing human rights violations and challenges wherever they occur. Through dialogue, cooperation, and assistance, the UN works with the Government of India, civil society organizations, and other stakeholders to advance human rights protection, promote accountability, and foster a culture of respect for human rights in India.

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