Take Kids Out Of Work, But...

New Delhi, Apr 13 (UNI) Amid growing sentiment against letting children be put to work, a Supreme Court judge has underscored not just the right to childhood-- but food, clothing and shelter.

Addressing a seminar on Law and Human Rights sponsored by All India Bar Association last evening, Justice P P Naolekar stressed keeping children out of hazardous occupations.

''But do we think about what the child will do if he does not work?'' Justice Naolekar posed.

Listing children's right to food, shelter and clothing, Justice Naolekar asked ''can we enforce such human rights ?'' The event was inaugurated by Supreme Court judge Tarun Chatterjee and addressed among others by British Court of Appeal Judge Simon Tuckey and Indian, British and American lawyers.

Asked afterwards to elaborate, Justice Naolekar said human rights cannot be viewed per se, they are relative. ''We must get our priorities right.'' Children who work may be unthinkable to a society not short on such basics as food and shelter or clothing, Justice Naolekar said, but developing nations must face their realities.

In remarks at the seminar, Justice Naolekar said Singur and Nandigram ''raise questions as to the role of the state in promoting and protecting the fundamental human rights of its citizens.'' He pointed out lacunae in India's Protection of Human Rights Act 1993-- insofar as offences ''lack any sort of definition.'' He said, ''there is mere reference to 'offences arising out of violations of human rights' without any effort to define or explain the meaning of that phrase.

''Even if offences arising out of violations of human rights are defined and clarified, the problems of taking cognisance of the offences will remain.

''The Act is silent about taking cognisance of the offence.'' He said unless Indian lawmakers remove such anomalies India ''will remain without effective remedies against human rights violations.'' The role of Public Interest Litigation in enforcing human rights was stressed by Justice Chatterjee.

He told participants how many non-justiciable directive principles of the Constitution have been converted into enforceable fundamental rights by judicial creativity.

These, Justice Chatterjee said, included the right to live with dignity, the right to water, food, decent environment and livelihood.

He also pointed to judgements articulating right against sexual harassment in workplaces, right to privacy and to clean and pollution-free air.

''But we still have a long way to go before achieving social justice for all,'' Justice Chatterjee said.

He emphasised the need to address ''human rights violations committed by the armed forces and the police.'' British Human Rights barrister James Dingemans said the importance of human rights was no longer an issue around the world. The debate in his country now was on reaching a balance between competing human rights.

He gave the example of same sex relationships, the criminalisation of which has been outlawed, and the rights of believers of various religious denominations.

Efforts have been made but a line has yet to be drawn, he said, adding that the issue was clear: one man's right to religion must not obscure another man's right to a sexual inclination.

Justice Tuckey compared the Human Rights system in India with that in Britain, saying that notwithstanding differences in the nature of issues, ''at heart it is the same.'' British Bar Council chief Geoffrey Vos spoke of growing relations between the legal communities of India and the United Kingdom.

Association convenor Adish Aggarwala told participants that a group of senior Indian Judges would pay a visit to Britain on a study tour later in the year.

Legal practitioners were asked to provide ''better and faster access to justice, especially to those who are unaware of their rights and need guidance.'' The exhortation came from President A P J Abdul Kalam in his message to the sponsors. Dr Kalam stressed making accessibility to justice ''user friendly and less expensive.'' Prime Minister Manmohan Singh emphasised protection of citizens' human rights.

He said the success of Indian democracy and well being of ''our citizens rest on the protection of their human rights.

''We must give special attention to the scheduled castes, scheduled tribes, women, minorities, and other disadvantaged sections of society.'' Chief Justice of India K G Balakrishnan advocated reflecting ''on our role and renew our commitment to ensuring adherence to basic human rights as protection and promotion thereof is fundamental for civilised existence.'' UNI