CONTEMPORARY ISSUES ON HUMANRIGHTS

CHILDREN’S RIGHTS

SUMMARY OF THE CONVENTION ON THE RIGHTS OF THE CHILD

Preamble – The preamble recalls the basic principles of the United Nations and specific
provisions of certain relevant human rights treaties and proclamations. It reaffirms the fact that
children, because of their vulnerability, need special care and protection, and it places special
emphasis on the primary caring and protective responsibility of the family. It also reaffirms the
need for legal and other protections for the child before and after birth, the importance of respect
for the cultural values of the child’s community and the vital role of international cooperation in
securing children’s rights.
Article 1 – Definition of a child. A child is recognized as every human being under 18 years old,
unless national laws recognize an earlier age of majority.

Article 2 – Non-discrimination. All rights apply to all children without exception. It is the
State’s (national government’s) obligation to protect children from any form of discrimination
and to take positive action to promote their rights.

Article 3 – Best interests of the child. All actions concerning the child shall take full account of
his or her best interests. The State shall provide the child with adequate care when parents, or
others charged with parental responsibility, fail to do so.

Article 4 – Implementation of rights. The State must do all it can to implement the rights
contained in the Convention.

Article 5 – Parental guidance and the child’s evolving capacities. The State must respect the
rights and responsibilities of parents and the extended family to provide guidance for the child
that is appropriate to his or her evolving capacities.

Article 6 – Life, survival and development. Every child has the inherent right to life, and the
State has an obligation to ensure the child’s survival and development.

Article 7 – Name and nationality. The child has the right to a name at birth. The child also has
the right to acquire a nationality and, as far as possible, to know his or her parents and be cared
for by them.
Article 8 – Preservation of identity. The State has an obligation to protect and, if necessary, re-
establish basic aspects of the child’s identity. This includes name, nationality and family ties.

Article 9 – Separation from parents. The child has a right to live with his or her parents unless
this is deemed incompatible with the child’s best interests. The child also has the right to
maintain contact with both parents if separated from one or both.

Article 10 – Family reunification. Children and their parents have the right to leave any country
and to enter their own for purposes of reunion or the maintenance of the child-parent
relationship.

Article 11 – Illicit transfer and non-return. The State has an obligation to prevent and remedy the
kidnapping or retention abroad of children by a parent or third party.

Article 12 – Respect of the child’s views. The child has the right to express his or her opinion
freely and to have that opinion taken into account in any matter or procedure affecting the child.

Article 13 – Freedom of expression. The child has the right to express his or her views, obtain
information and make ideas or information known, regardless of frontiers.

Article 14 – Freedom of thought, conscience and religion. The State shall respect the child’s
right to freedom of thought, conscience and religion, subject to appropriate parental guidance.

Article 15 – Freedom of association. Children have a right to meet with others, and to join or
form associations.

Article 16 – Protection of privacy. Children have the right to protection from interference with
their privacy, family, home and correspondence, and to protection from libel or slander.

Article 17 – Access to appropriate information. The State shall ensure the accessibility to
children of information and material from a diversity of sources, and it shall encourage the mass
media to disseminate information that is of social and cultural benefit to the child, and take steps
to protect him or her from harmful materials.

Article 18 – Parental responsibilities. Parents have joint primary responsibility for raising the
child, and the State shall support them in this. The State shall provide parents with appropriate
child-raising assistance.

Article 19 – Protection from abuse and neglect. The State shall protect the child from all forms
of maltreatment by parents or others responsible for the child’s care and shall establish
appropriate social programmes for the prevention of abuse and the treatment of victims.
Article 20 – Protection of a child without family. The State is obliged to provide special
protection for a child deprived of the family environment and to ensure that appropriate
alternative family care or institutional placement is available in such cases. Efforts to meet this
obligation shall pay due regard to the child’s cultural background.

Article 21 – Adoption. In countries where adoption is recognized and/or allowed, it shall be

carried out only in the best interests of the child, and then only with the authorization of
competent authorities and safeguards for the child.

Article 22 – Refugee children. Special protection shall be granted to a refugee child or to a child
seeking refugee status. It is the State’s obligation to cooperate with competent organizations that
provide such protection and assistance.

Article 23 – Disabled children. A disabled child has the right to special care, education and
training to help him or her enjoy a full and decent life in dignity and achieve the greatest degree
of self-reliance and social integration possible.

Article 24 – Health and health services. The child has a right to the highest standard of health
and medical care attainable. States shall place special emphasis on the reduction of infant and
child mortality and on the provision of primary and preventive health care and of public health
education. They shall encourage international cooperation in this regard and strive to see that no
child is deprived of access to effective health services.

Article 25 – Periodic review of placement. A child who is placed by the State for reasons of
care, protection or treatment is entitled to have that placement evaluated regularly.

Article 26 – Social security. The child has the right to benefit from social security, including
social insurance.

Article 27 – Standard of living. Every child has the right to a standard of living adequate for his
or her physical, mental, spiritual, moral and social development. Parents have the primary
responsibility to ensure that the child has an adequate standard of living. The State’s duty is to
ensure that this responsibility can be, and is, fulfilled. State responsibility can include material
assistance to parents and their children.

Article 28 – Education. The child has a right to education, and the State’s duty is to ensure that
primary education is free and compulsory, to encourage different forms of secondary education
accessible to every child, to make higher education available to all on the basis of capacity and to
ensure that school discipline is consistent with children’s rights and dignity. The State shall
engage in international cooperation to implement the right to education.
Article 29 – Aims of education. Education shall aim to develop the child’s personality, talents
and mental and physical abilities to the fullest extent. Education shall prepare the child for an
active adult life in a free society and shall foster in the child respect for his or her parents, for his
or her own cultural identity, language and values, and for the cultural background and values of
others.

Article 30 – Children of minorities or indigenous populations. Children of minority communities

and indigenous populations have the right to enjoy their own culture and to practise their own
religion and language.

Article 31 – Leisure, recreation and cultural activities. The child has the right to leisure, play and
participation in cultural and artistic activities.

Article 32 – Child labour. The child has the right to be protected from work that threatens his or
her health, education or development. The State shall set minimum ages for employment and
shall regulate working conditions.

Article 33 – Drug abuse. Children have the right to protection from the use of narcotic and
psychotropic drugs, and from being involved in their production or distribution.

Article 34 – Sexual exploitation. The State shall protect children from sexual exploitation and
abuse, including prostitution and involvement in pornography.

Article 35 – Sale, trafficking and abduction. It is the State’s obligation to make every effort to
prevent the sale, trafficking and abduction of children.

Article 36 – Other forms of exploitation. The child has the right to protection from all forms of
exploitation prejudicial to any aspects of the child’s welfare not covered in articles 32–35.

Article 37 – Torture and deprivation of liberty. No child shall be subjected to torture, cruel
treatment or punishment, unlawful arrest or deprivation of liberty. Both capital punishment and
life imprisonment without the possibility for release are prohibited for offences committed by
persons below age 18. Any child deprived of liberty shall be separated from adults unless it is
considered in the child’s best interests not to do so. A child who is detained shall have legal and
other assistance as well as contact with the family.

Article 38 – Armed conflicts. States shall take all feasible measures to ensure that children under
15 years old have no direct part in hostilities. No child below 15 shall be recruited into the armed
forces. States shall also ensure the protection and care of children who are affected by armed
conflict as described in relevant international law.
 Article 39 – Rehabilitative care. The State has an obligation to ensure that child victims of
armed conflict, torture, maltreatment or exploitation receive appropriate treatment for their
recovery and social reintegration.

Article 40 – Administration of juvenile justice. A child in conflict with the law has the right to
treatment that promotes the child’s sense of dignity and worth, takes the child’s age into account
and aims at his or her defence. Judicial proceedings and institutional placements shall be avoided
wherever possible.

Article 41 – Respect for higher standards. Wherever standards set in applicable national and
international law relevant to the rights of the child are higher than those in this Convention, the
higher standards shall always apply.

Articles 42–54 – Implementation and entry into force. These articles notably foresee:
 the entry into force of the Convention 30 days after its ratification or accession by 20 States;
 States parties’ obligation to make the rights of the Convention widely known to both adults and
children;
 the establishment of a Committee on the Rights of the Child to consider the reports that States
parties are required to submit two years after they have ratified the Convention and every five
years thereafter;
 States parties’ obligation to submit said reports to the Committee on measures they have taken
to fulfil the Convention and the progress being made in their implementation;
 States parties’ obligation to make their reports widely known in their own countries;
 international cooperation in the field covered by the Convention achieved by inviting UNICEF
and the specialized agencies of the United Nations – such as the International Labour
organization, the World Health organization and United Nations Educational, Scientific, and
Cultural organization – along with ‘competent’ bodies such as non-governmental organizations
in consultative status with the United Nations to attend Committee meetings and provide expert
advice on areas within the scope of their activities, and by the Committee’s referring to them
States parties’ requests for technical advice and assistance;
 the Committee’s right to recommend to the General Assembly that special studies be
undertaken on specific issues relating to the rights of the child. The rights of the child
articulated by the Convention are further reinforced by its Optional Protocols on the sale of
children, child prostitution and child pornography, and on the involvement of children in armed
conflict.

WOMENS RIGHTS
What are the Constitutional & Legal Rights of Women in India?

The Indian Constitution has embodied within itself grounds for gender equality. The
Fundamental Rights, Fundamental Duties and Directive Principles together work towards
shaping policies and putting safeguards not just for women empowerment in India but also
protection.
The father of the nation says something similar,

“To call a woman the weaker sex is a libel; it is man’s injustice to woman. If by strength is
meant brute strength, then, indeed, is woman less brute than man. If by strength is meant
moral power, then the woman is immeasurably man’s superior. Has she not greater intuition,
is she not more self-sacrificing, has she not greater powers of endurance, has she not greater
courage? Without her, a man could not be. If nonviolence is the law of our being, the future is
with a woman. Who can make a more effective appeal to the heart than woman?” – Mahatma
Gandhi
Women's Rights Under Indian Constitution
Under the constitution women are provided with the following fundamental rights:

#1. Article 21
Article 21 states as follows: "No person except according to the procedure established by law
shall be deprived of his life or personal liberty. Fundamental right under Article 21 of the object
personal liberty except according to the procedure established by law is to prevent encroachment
on and loss of life." - Anyone, including women, can seek protection under this.
#2. Article 15(1)
The Article 15(1) states as follows: This Article guarantees Right to Equality, "The State shall
not deny to any person equality before the law or the equal protection of the laws within the
territory of India Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth."
#3. Article 19
The Article 19 states as follows: This gives the citizens (which include both women, men and
third gender) the Right to Freedom, which among other things guarantees freedom of speech and
expression, freedom of movement, freedom of practising trade and profession etc.
 #4. Article 32
Article 32 states as follows: This Article gives the right to us to seek constitutional remedies
through the Supreme Court of India for violation of Fundamental Rights mainly.
#5. Article 15(3)
According to Article 15(3) - State can make any special provision for women and children
without any hurdles or obligations.
#6. Article 16(2) 
According to Article 16(2), No citizen on grounds only of religion, race, caste, sex, descent,
place of birth, residence or any of them, be ineligible for, or discriminated in respect of
employment or office under the State.
#7. Article 23(1)
The Article 23(1) prohibits the practice of human trafficking in  India.
#8. Article 39(a)
As per Article 39(a) men & women have the right to an adequate means to livelihood. 
#9. Constitutional Laws for women related to Panchayats & Municipality
 As per Article 243D(3) Not less than one third of the total number of seats to be filled by direct
election in every Panchayat shall be reserved for women.
 As per Article 243-D(4) One-third of the total number of offices of chairpersons in the
Panchayats at each level shall be reserved for women
 As per Article 243-T(3) One-third of the total number of seats to be filled by direct election in
every Municipality shall be reserved for women
 As per Article 243-T(4) offices of chairpersons in the Municipalities shall be reserved for
women in such manner as the State Legislature may provide
Along with constitutional safeguards, there are further rights that women have guaranteed under
the law.

Legal Rights for Women in India

#10. Equal Remuneration Act, 1976 (Women have a right to equal pay)
According to provisions under the Equal Remuneration Act, one cannot be discriminated on
the basis of sex when it comes to salary or wages. Working women have the right to draw an
equal salary.
#11. Sexual Harassment Of Women At Workplace Act, 2013 (Women have a right against
harassment at work)
The enactment of the Sexual Harassment of Women at Workplace Act gives you the right to
file a complaint against sexual harassment. The law enables a sexually harassed woman
employee can put in a written complaint to an Internal Complaints Committee (ICC) at a branch
office within a period of 3 months as per the Sexual Harassment Act. This complaint further is
taken up by the Local Complaints Committee (LCC) at a district level, ensuring investigations
start regarding the same if proper action has not been taken against the employer. The complaint
can also be filed by any of the woman's legal heirs on her behalf or any other person who has
written permission given by her to make the complaint.
#12. Protection of Women from Domestic Violence Act (2005) (Women have a right against
domestic violence)
The act primarily looks to protect a wife, a female live-in partner or a woman living in a
household like a mother or a sister from domestic violence at the hands of a husband, male live-
in partner or relatives. She or anybody on her behalf can file a complaint.

Section 498 states that whoever, being the husband or the relative of the husband of a woman,
subjects her to cruelty, shall be punished with imprisonment for a term which may extend to
three years and shall also be liable to fine. The complaint registered against an offender makes it
a non-bailable one, ensuring a woman's safety and provide protection from domestic abuse. The
acts of violence are not limited to physical brutality, but also other forms of abuse like verbal,
economic, emotional and sexual.
#13. Women have a right to anonymity for sexual assault victims
Victims of sexual assault have a right to anonymity. To ensure that her privacy is protected,
a woman who has been sexually assaulted may record her statement alone before the district
magistrate when the case is under trial, or in the presence of a female police officer.
#14. Legal Services Authorities Act (1987) (Women have a right to free legal aid)
All-female rape victims have the right to free legal aid, under the Legal Services Authorities
Act. It is mandatory for the Station House Officer (SHO) to inform the Legal Services Authority,
who arranges for the lawyer.
#15. Code of Criminal Procedure (1973) (Women have right not to be arrested at night)
A woman cannot be arrested after sunset and before sunrise, except in an exceptional case on the
orders of a first class magistrate. Further, the law states, "The police can interrogate a woman at
her residence in the presence of a woman constable and family members or friends". A woman
can also not be detained at night at the police station without legal permission.

#16. Women have a right to register their complaint virtually

If a woman is not in a position to physically go to a police station and file a complaint, there is a
provision for virtual complaints where she can lodge a complaint via e-mail or write her
complaint and send to a police station from a registered postal address. This provision leads to
the SHO (Station House Officer) sending police to the complaint's place to record her.

#17. Indecent Representation of Women (Prohibition) Act (1986) 

The depiction in any manner of the figure of a woman; her form or body or any part in such way
as to have the effect of being indecent, or derogatory to, or denigrating women, or is likely to
deprave, corrupt or injure the public morality or morals", is a punishable offense.

#18. Women have a right against being stalked

Section 354D of the IPC and legal action can be taken against an offender. It has been
considered as a legal offense. Stalking has been defined by the law as, "To follow a woman and
contact, or attempt to contact such woman to foster personal interaction repeatedly despite a
clear indication of disinterest by such woman; or monitor the use by a woman of the internet,
email or any other form of electronic communication."
#19. The provision of zero FIR
The ruling by the Supreme Court mentioned that a woman who is a victim can register her
complaint at any police station under the Zero FIR ruling. The Zero FIR is an FIR that can be
filed at any police station irrespective of the location where the incident occurred or a specific
jurisdiction it comes under. So once that FIR is lodged and investigation and filling are done
with a magistrate, it can be moved to the Police Station in whose jurisdiction the case falls under.
This ruling was passed to save time that would impact a victim and also lead to an offender
getting away scot-free.

“A woman with a voice is, by definition, a strong woman.” - Melinda Gates

Women need to own up to their power and know their rights. No longer should you take
oppression, no longer should you take the harassment and as Maya Angelou says "I love to see a
young girl go out and grab the world by the lapels. Life's a bitch. You've got to go out and kick
ass!"

OR
Women Rights in India: Constitutional Rights and Legal Rights
The rights available to woman (ladies) in India can be classified into two categories, namely as
constitutional rights and legal rights. The constitutional rights are those which are provided in the
various provisions of the constitution. The legal rights, on the other hand, are those which are
provided in the various laws (acts) of the Parliament and the State Legislatures.

Constitutional Rights to Women:

The rights and safeguards enshrined in the constitution for women in India are listed below:
1. The state shall not discriminate against any citizen of India on the ground of sex [Article
15(1)].
2. The state is empowered to make any special provision for women. In other words,
this provision enables the state to make affirmative discrimination in favour of women
[Article 15(3)].
3. No citizen shall be discriminated against or be ineligible for any employment or office under
the state on the ground of sex [Article 16(2)].
4. Traffic in human beings and forced labour are prohibited [Article 23(1)].
5. The state to secure for men and women equally the right to an adequate means of livelihood
[Article 39(a)].
6. The state to secure equal pay for equal work for both Indian men and women [Article 39(d)].
7. The state is required to ensure that the health and strength of women workers are not
abused and that they are not forced by economic necessity to enter avocations unsuited to
their strength [Article 39(e)].
8. The state shall make provision for securing just and humane conditions of work and
maternity relief [Article 42].
9. It shall be the duty of every citizen of India to renounce practices derogatory to the dignity
of women [Article 51-A(e)].
10. One-third of the total number of seats to be filled by direct election in every Panchayat
shall be reserved for women [Article 243-D(3)].
11. One-third of the total number of offices of chairpersons in the Panchayats at each level
shall be reserved for women [Article 243-D(4)].
12. One-third of the total number of seats to be filled by direct election in every
Municipality shall be reserved for women [Article 243-T(3)].
13. The offices of chairpersons in the Municipalities shall be reserved for women in such
manner as the State Legislature may provide [Article 243-T(4)].
Legal Rights to Women:

The following various legislation’s contain several rights and safeguards for women:
1. Protection of Women from Domestic Violence Act (2005) is a comprehensive legislation
to protect women in India from all forms of domestic violence. It also covers women who
have been/are in a relationship with the abuser and are subjected to violence of any kind—
physical, sexual, mental, verbal or emotional.
2. Immoral Traffic (Prevention) Act (1956) is the premier legislation for prevention
of trafficking for commercial sexual exploitation. In other words, it prevents trafficking
in women and girls for the purpose of prostitution as an organised means of living.
3. Indecent Representation of Women (Prohibition) Act (1986) prohibits indecent
representation of women through advertisements or in publications, writings, paintings,
figures or in any other manner.
4. Commission of Sati (Prevention) Act (1987) provides for the more effective prevention of
the commission of sati and its glorification on women.
5. Dowry Prohibition Act (1961) prohibits the giving or taking of dowry at or before or any
time after the marriage from women.
6. Maternity Benefit Act (1961) regulates the employment of women in certain
establishments for certain period before and after child-birth and provides for maternity
benefit and certain other benefits.
7. Medical Termination of Pregnancy Act (1971) provides for the termination of
certain pregnancies by registered medical practitioners on humanitarian and medical grounds.
8. Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection)
Act (1994) prohibits sex selection before or after conception and prevents the misuse of pre-
natal diagnostic techniques for sex determination leading to female foeticide.
9. Equal Remuneration Act (1976) provides for payment of equal remuneration to both men
and women workers for same work or work of a similar nature. It also prevents
discrimination on the ground of sex, against women in recruitment and service conditions.
10. Dissolution of Muslim Marriages Act (1939) grants a Muslim wife the right to seek
the dissolution of her marriage.
11. Muslim Women (Protection of Rights on Divorce) Act (1986)protects the rights of
Muslim women who have been divorced by or have obtained divorce from their husbands.
12. Family Courts Act (1984) provides for the establishment of Family Courts for
speedy settlement of family disputes.
13. Indian Penal Code (1860) contains provisions to protect Indian women from dowry death,
rape, kidnapping, cruelty and other offences.
14. Code of Criminal Procedure (1973) has certain safeguards for women like obligation of
a person to maintain his wife, arrest of woman by female police and so on.
15. Indian Christian Marriage Act (1872) contain provisions relating to marriage and
divorce among the Christian community.
16. Legal Services Authorities Act (1987) provides for free legal services to Indian women.
17. Hindu Marriage Act (1955) introduced monogamy and allowed divorce on certain
specified grounds. It provided equal rights to Indian man and woman in respect of marriage
and divorce.
18. Hindu Succession Act (1956) recognizes the right of women to inherit parental
property equally with men.
19. Minimum Wages Act (1948) does not allow discrimination between male and female
workers or different minimum wages for them.
20. Mines Act (1952) and Factories Act (1948) prohibits the employment of women between
7 P.M. to 6 A.M. in mines and factories and provides for their safety and welfare.
21. The following other legislation’s also contain certain rights and safeguards for women:
1. Employees’ State Insurance Act (1948)
2. Plantation Labour Act (1951)
3. Bonded Labour System (Abolition) Act (1976)
4. Legal Practitioners (Women) Act (1923)
5. Indian Succession Act (1925)
6. Indian Divorce Act (1869)
7. Parsi Marriage and Divorce Act (1936)
8. Special Marriage Act (1954)
9. Foreign Marriage Act (1969)
10. Indian Evidence Act (1872)
11. Hindu Adoptions and Maintenance Act (1956).
22. National Commission for Women Act (1990) provided for the establishment of a
National Commission for Women to study and monitor all matters relating to the
constitutional and legal rights and safeguards of women.
23. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal).
Act (2013) provides protection to women from sexual harassment at all workplaces both in
public and private sector, whether organised or unorganized.

DALITS AND HUMAN RIGHTS

DALIT'S RIGHTS

Over one-sixth of India's population, some 170 million people, live a precarious existence,
shunned by much of Indian society because of their rank as untouchables. Dalits—literally
meaning "broken" people—at the bottom of India's caste system. Dalits are discriminated
against, denied access to land and basic resources, forced to work degrading conditions, and
routinely abused at the hands of police and dominant-caste groups that enjoy the state's
protection.

Historically, the caste system has formed the social and economic framework for the life of the
people of India. In its essential form, this caste system involves the division of people into a
hierarchy of unequal social groups where basic right and duties are assigned based on birth and
are not subject to change. Dalits are 'outcastes falling outside the traditional four classes of
Brahmin,.,Kshatriya, Vaishya, & Shudra. Dalits are typically considered low, impure & polluting
based on their birth and traditional occupation, thus they face multiple forms of discrimination,
violence, and exclusion from the rest of society.
Beginning in the 1920s, various social, religious and political movements rose in India against
the caste system and in support of the human rights of the Dalits community. In 1950, the
Constitution of India was adopted, and largely due to the influence of Dr. B.R. Ambedkar
(chairman of the constitutional drafting committees, departed from the norms and traditions of
the caste system in favor of Justice, Equality, Liberty, and Fraternity, guaranteeing all citizens
basic human rights regardless of caste, creed, gender, or ethnicity.

PRACTICE OF UNTOUCHABILI'IY

By the practise of untouchability we mean the avoidance of physical contact with

persons and things because of popular social beliefs and practices.

No doubt India has a rich and glorious cultural legacy to be proud of but still more
important fact is that nowhere in the world can be found the extent of discrimination
perpetuated by one group against the other as it is found in the case of low caste
untouchables (by the high caste Hindus) in India. Caste system is a unique feature of
India life. It is believed that originally there were only four castes, Brahmans,
Kshatriyas, Vaisayas and Shudras, 4 and this classification was on the basis of one's
profession not birth. But over the past thousands of years these four castes have been
sub-divided into thousands of castes and sub-castes, and now the basis of
classification is 'birth' rather than 'profession'. · There have been many empirical
studies which make it clear that the practice of untouchability is still an important
component of Indian society and is in a complex, dynamic situation of flux and
transition (inspite of all the constitutional arrangements). Though from the public
life, specially in urban areas, this practice has almost been eradicated but in rural
areas 'dalits' still find only a very restricted entry to temples, drinking water
resources and other public places. Dalits who have adopted other professions than
the traditional ones are in a better position as compared to those who still have to
practice traditional occupations such as scavenging and tanning.

Social Justice
The concept of social justice is primarily based on the idea that all men are equal
in society without distinction of religion, race, caste, colour or creed. The Indian
constitution inscribed justice as the first promise of the republic, which means that
the state power will execute the pledge of justice in favour of the millions who
constitute the republic. Social justice is people's justice, where the tyranny of
power is transformed into the democracy of social good. The constitution of India
proclaims in its preamble the objective of achieving for all its citizens, 'Justice,
Social, Economic and Political', and 'equality of status and opportunity'.

All the Fundamental Rights and Directive Principles of State Policy elucidate the
constituional concept of social justice for India. Basically, social justice is
concerned with the claims of the underprivileged sections of the society, who have
been deprived of their rights, freedoms and opportunities of development because
of a defective social system. The Indian constitution is first and foremost a social
document and a majority of its provisions are either directly aimed at furthering
the goals of social revolution or attempt to foster the revolution by establishing the
conditions necessary for its achievement and the core of the commitment to social
revolution is in parts III and IV.

Human Rights and the Indian Constitution

Part III of the constitution deals with Fundamental Rights to which every citizen
is entitled. Some of these rights are as follows:

Article 14-The state shall not deny to any person equality before the law or equal
protection of law within the territory of India.

Article 15-The state shall not discriminate against any citizen on ground only of
religion, race, caste, sex, place of birth or any of them.

Clause 2 of the article 15 further states that no person on grounds only of religion,
race, caste, sex or place of birth shall be subject to any disability, liability,
restriction or condition with regard to (a) access to shops, public restaurants,
hotels, places of public entertainment or (b) the use of wells, tanks, bathing ghats,
roads and places of public resort maintained wholly or partly out of the state funds
or dedicated to the use of the general public.

Clause 3 of this article provides for special legislation for women and children.
Constitution amendment act 1951 S-2 permitted the state to make special provisions
for the advancement of socially and educationally backward classes of citizens or for
the scheduled caste and scheduled tribes. This amended section became article 15 (a)
and under this article reservation is provided to these classes.

Article 16 states:

1. There shall be equality of opportunity for all citizens in matters relating to employment or to
any office under the state.

2. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence
or any of them, be ineligible or discriminated against in respect of any employment or office
under the state.

Clause 3 of this article makes provision that the Parliament is empowered to make
any law prescribing, with regard to certain jobs in state or local government, any
requirement as to residence within the state prior to such employment/appointment.

Clause 4 makes it clear that the state is not prevented from making any provision for
the reservation of appointment or posts in favour of any backward class of citizens.

Article 17 abolishes untouchability and its practice in any form.

Article 19 maintains that, all citizens shall have the right to:

(a) freedom of speech and expression,

 (b) freedom to form associations or unions,

(c) move freely throughout the territory of lndia.

Article 21 states that, no person shall be deprived of his life or personal liberty
except according to the procedure established by law.

Article 23 forbids forced labour.

Article 25 guarantees freedom to profess, practise and propagate religion and

specifically maintains that a nothing in this article shall affect the operation of any
existing law or prevent the state from making law ... (b) providing for social welfare
or reform or the throwing open of Hindu religious institution of a public character to
all classes and sections of Hindus.

Article 32 makes all these rights judicially enforceable. This article gives every citizen the right
to move the supreme court for the enforcement of his/her rights. Under the powers given by the
constitution the courts can direct the individual or the state to desist from the practice of
untouchability. This article cannot be suspended except in the case of a state of emergency.

To ensure social justice to the poor the 42nd amendment to the constitution
introduced article 39 (A) for free aid to the poor. In pursuance of this article a
massive legal aid programme for the poor and ignorant has been chalked out
through various organisations.

REFUGEE RIGHTS

The Refugee Act is a 1980 United States federal law that reformed United States immigration
law and admitted refugees on systematic basis for humanitarian reasons. A 1985 ceiling of
70,000 refugees, with 270,000 immigrants total and 20,000 from any one country, was
established. Annually, the Proposed Refugee Admissions Report to the Congress is written
detailing new circumstances involving refugees worldwide, and determining the new annual
ceiling of refugees resettling in the United States.
Who is a Refugee?

People who are forced to flee their homes due to persecution, whether on an individual basis or
as part of a mass exodus due to political, religious, military or other problems, are known as
refugees.

The definition of a refugee has varied according to time and place, but increased international
concern for the plight of refugees has lead to a general consensus. As defined in the 1951 United
Nations Convention Relating to the Status of Refugees (the Refugee Convention), a refugee is
defined as a person who

The reasons for persecution must be because of one of the five grounds listed in article 1 A(2) of
the Refugee Convention: race, religion, nationality, membership of a particular social group or
political opinion. Persecution based on any other ground will not be considered.

Race is used in the broadest sense and includes ethnic groups and social groups of common
descent.

Religion also has a broad meaning, including identification with a group that tends to share
common traditions or beliefs, as well as the active practice of religion.

Nationality includes an individual’s citizenship. Persecution of ethnic, linguistic and cultural

groups within a population also may be termed persecution based on nationality.

A particular social group refers to people who share a similar background, habits or social
status. This category often overlaps with persecution based on one of the other four grounds. It
has applied to families of capitalists, landowners, homosexuals, entrepreneurs and former
members of the military.

Political opinion refers to ideas not tolerated by the authorities, including opinions critical of
government policies and methods. It includes opinions attributed to individuals (i.e., the
authorities think a person has a certain political opinion) even if the individual does not in fact
hold that opinion. Individuals who conceal their political opinions until after they have fled their
countries may qualify for refugee status if they can show that their views are likely to subject
them to persecution if they return home.

Definitions come into play when countries and organizations attempt to determine who is and
who is not a refugee. Asylum seekers that is, those who are seeking refugee status in another
country-- normally need to establish individually that their fear of persecution is well-founded
and undergo a legal procedure in which the host country decides if she or he qualifies for refugee
status. However, during a mass exodus, it may not be possible for a host country to carry out
individual screening. In such circumstances, particularly when civilians are fleeing for similar
reasons, a 'group' determination of refugee status may be declared, whereby each civilian is
considered a refugee, in the absence of evidence to the contrary.

International law recognizes the right to seek asylum, but does not oblige states to provide it.
Nations at times offer 'temporary protection' when they face a sudden mass influx of people and
their regular asylum systems would be overwhelmed. In such circumstances people can be
speedily admitted to safe countries, but without any guarantee of permanent asylum. Thus
'temporary protection' is helpful to both governments and asylum seekers in specific
circumstances. Yet it only complements and does not substitute for the wider protection
measures offered by the Refugee Convention.

Refugee protection and assistance organizations generally promote three "durable solutions" to
the fate of refugees:

 Voluntary repatriation : refugees are able to return to their home country because their
lives and liberty are no longer threatened;
 Local integration: host governments allow refugees to integrate into the country of first
asylum; and
 Resettlement in a third country : repatriation is unsafe and the first-asylum country
refuses local integration.

Most of the world's refugees wait for durable solutions for their predicament. While most have
been granted provisional or temporary asylum in neighboring countries, they are not able to
regularize their status or integrate. Their rights to move and work are often highly restricted, and
educational and recreational opportunities are often nonexistent or severely lacking. These
refugees may also be subject to attack, either by local security forces or by cross-border
incursions from the country of origin.

A special category are people who may have been forced to flee their homes for the same
reasons as refugees but they have not crossed an international border. These people are called
internally displaced persons. By the end of 2000, there were approximately 11.5 million refugees
around the world who had fled their countries for a variety of reasons and an even greater
number of internally displaced persons, between 20 . 25 million, who had abandoned their homes
for similar reasons. Increasingly the majority of current conflicts in the world involve disputes
between political or ethnic groups within countries rather than wars between countries. Given
this trend, the number of persons caught up in conflicts in their own countries and forced to leave
their homes is likely to increase.

II. Rights at Stake

Prohibition on the forced return of a refugee is called nonrefoulement and is one of the most
fundamental principles in international refugee law. This principle is laid out in Article 33 of the
Convention Relating to the Status of Refugees, which says that no state "shall expel or return
('refouler' in French) a refugee in any manner whatsoever to the frontiers of territories where his
life or freedom would be threatened on account of his race, religion, nationality, membership of a
particular social group or political opinion."

Some countries detain asylum seekers upon arrival, during the asylum process or while waiting
for deportation (refoulement). Asylum seekers may have already suffered imprisonment and
Torture in the country from which they have fled. Therefore, the consequences of detention may
be particularly serious, causing severe emotional and psychological stress.

Article 31 of the Refugee Convention says that refugees should not be penalized for having
entered a country illegally if they have come directly from a place where they were in danger and
have made themselves known to the authorities. Therefore, asylum seekers should not be
detained for being in possession of forged identity papers or for destroying identity or travel
documents.

Articles 12 - 30 of the Refugee Convention set out the rights which individuals are entitled to
once they have been recognised as Convention refugees:

 All refugees must be granted identity papers and travel documents that allow them to
travel outside the country.
 Refugees must receive the same treatment as nationals of the receiving country with
regard to the following rights:
 Free exercise of religion and religious education
 Free access to the courts, including legal assistance
 Access to elementary education
 Access to public relief and assistance
 Protection provided by social security
 Protection of intellectual property, such as inventions and trade names
 Protection of literary, artistic and scientific work
 Equal treatment by taxing authorities
 Refugees must receive the most favourable treatment provided to nationals of a foreign
country with regard to the following rights:
 The right to belong to trade unions
 The right to belong to other non-political nonprofit organizations
 The right to engage in wage-earning employment
 Refugees must receive the most favourable treatment possible, which must be at least as
favourable to that accorded aliens generally in the same circumstances, with regard to
the following rights:
  The right to own property
 The right to practice a profession
 The right to self-employment
 Access to housing
 Access to higher education
 Refugees must receive the same treatment as that accorded to aliens generally with
regard to the following rights:
 The right to choose their place of residence
 The right to move freely within the country
 Free exercise of religion and religious education
 Free access to the courts, including legal assistance
 Access to elementary education
 Access to public relief and assistance
 Protection provided by social security
 Protection of intellectual property, such as inventions and trade names
 Protection of literary, artistic and scientific work
 Equal treatment by taxing authorities

HIV and Human Rights

What are HIV and AIDS?

What do the acronyms HIV and AIDS stand for?

“HIV” stands for human immunodeficiency virus, which is a virus that affects the human
immune system. It results in a deterioration of the immune system, causing an individual to
become more vulnerable to other infections. “AIDS” stands for acquired immunodeficiency
syndrome, which is an advanced stage of HIV defined by the demonstration of certain
symptoms, infections, and cancers. An individual with HIV infection may not have developed
any of the illnesses that constitute AIDS and the terms should be kept distinct. As UNAIDS
notes:

The expression HIV/AIDS should be avoided whenever possible because it can cause confusion.
Most people with HIV do not have AIDS. The expression ‘HIV/AIDS prevention’ is even more
unacceptable because HIV prevention entails correct and consistent condom use, use of sterile
injecting equipment, changes in social norms, etc., whereas AIDS prevention entails
cotrimoxazole, good nutrition, isoniazid prophylaxis (INH), etc.
There is currently no cure for AIDS. However, people living with HIV can live healthy and
productive lives with antiretroviral therapy.

More than thirty years after the first clinical evidence of acquired immunodeficiency syndrome
was reported, AIDS has become one of the most devastating diseases humankind has ever
faced. Since the epidemic began, more than 60 million people have been infected with the
virus and nearly 30 million people have died of HIV-related causes. AIDS has become the
sixth-largest cause of death worldwide.

At the end of 2009, an estimated 33.3 million people globally were living with HIV. In
that year alone, there were an estimated 1.8 million AIDS-related deaths and 2.6 million new
HIV infections. Data from 2009 shows that the AIDS epidemic is beginning to change course
as the number of people newly infected with HIV is declining and AIDS –related deaths are
decreasing. This is in large part due to more people living longer as access to antiretroviral
theraphy increases, but these gains remain fragile and disparities continue to exist among
countries and within countries. Sub-Saharan Africa continues to be the region most affected
with 69% of all new infections and in seven mostly Eastern European and Central Asian
countries, new HIV infection rates have increased by 25%. Furthermore, 90% of
governments reported that they address stigma and discrimination in their HIV programmes,
however, less than 50% costed of budgeted such programmes. Vulnerability to HIV linked to a
number of human rights challenges remains a concern (see the 2010 Global Report on the
AIDS Epidemic (UNAIDS).

How is HIV spread?

HIV can be transmitted through unprotected and close contact with certain body fluids, such as
blood, semen, breast milk, and vaginal secretions from infected individuals. However,
transmission is not possible through air or water, shaking hands, kissing, saliva, tears, or
mosquitoes. Common routes of transmission include:

 Unprotected vaginal or anal sex with an HIV-positive partner. The risk of contracting
HIV from sexual encounters increases if the person has other sexually transmitted
infections (STIs) and if the male is uncircumcised. Unprotected anal sex has a higher risk
factor than vaginal sex, and unprotected receptive anal sex has a higher risk factor than
unprotected insertive anal sex.7 Transmission can, in some instances with specific
conditions, occur through oral sex.
 Passage from an HIV-positive mother to a child during pregnancy, birth, or
breastfeeding.
 Sharing contaminated equipment used for injection drug use, including needles, syringes,
and wash water.
Human rights are the basic rights and freedoms that are inherent to everybody, regardless of who
they are. People with HIV have human rights and should be able to enjoy them on an equal basis
with everyone else. Human rights can empower individuals and communities to respond to HIV,
reduce vulnerability to infection, and lessen the impact of HIV on those affected.

The Human Rights Act focuses on protecting civil and political rights, but international treaties
go much further to include our economic, social and cultural rights e.g. the right to health and to
social security.

A few human rights that may be of particular importance to those with HIV are as follows:

 Every human being has the inherent right to life.

 The right of everyone to the enjoyment of the highest attainable standard of physical and
mental health.
 No one shall be subjected to arbitrary or unlawful interference with his privacy, family,
home or correspondence, nor to unlawful attacks on his honour and reputation.
 All persons are equal before the law and are entitled without any discrimination to the
equal protection of the law.
 The right of everyone to social security, including social insurance. The right of everyone
to an adequate standard of living for himself and his family, including adequate food,
clothing and housing, and to the continuous improvement of living conditions.
 To promote the training of professionals and staff working with persons with disabilities
in the rights recognized in the present Convention so as to better provide the assistance
and services guaranteed by those rights.
 The rights of persons with disabilities to decide freely and responsibly on the number and
spacing of their children and to have access to age-appropriate information, reproductive
and family planning education are recognized, and the means necessary to enable them to
exercise these rights are provided.

What do human rights have to do with HIV and AIDS?

Human rights are inextricably linked with the spread and impact of HIV on individuals
and communities around the world. A lack of respect for human rights fuels the spread and
exacerbates the impact of the disease, while at the same time HIV undermines progress in the
realisation of human rights. This link is apparent in the disproportionate incidence and spread
of the disease among certain groups which, depending on the nature of the epidemic and the
prevailing social, legal and economic conditions, include women and children, and particularly
those living in poverty. It is also apparent in the fact that the overwhelming burden of the
epidemic today is borne by developing countries, where the disease threatens to reverse vital
achievements in human development. AIDS and poverty are now mutually reinforcing
negative forces in many developing countries.
The relationship between HIV/AIDS and human rights is highlighted in three areas:
Increased vulnerability: Certain groups are more vulnerable to contracting the HIV virus
because they are unable to realize their civil, political, economic, social and cultural rights. For
example, individuals who are denied the right to freedom of association and access to
information may be precluded from discussing issues related to HIV, participating in AIDS
service organizations and self-help groups, and taking other preventive measures to protect
themselves from HIV infection. Women, and particularly young women, are more vulnerable
to infection if they lack of access to information, education and services necessary to ensure
sexual and reproductive health and prevention of infection. The unequal status of women in
the community also means that their capacity to negotiate in the context of sexual activity is
severely undermined. People living in poverty often are unable to access HIV care and
treatment, including antiretrovirals and other medications for opportunistic infections.

Discrimination and stigma: The rights of people living with HIV often are violated
because of their presumed or known HIV status, causing them to suffer both the burden of the
disease and the consequential loss of other rights. Stigmatisation and discrimination may
obstruct their access to treatment and may affect their employment, housing and other rights.
This, in turn, contributes to the vulnerability of others to infection, since HIV-related stigma
and discrimination discourages individuals infected with and affected by HIV from contacting
health and social services. The result is that those most needing information, education and
counselling will not benefit even where such services are available.

Impedes an effective response: Strategies to address the epidemic are hampered in an

environment where human rights are not respected. For example, discrimination against and
stigmatization of vulnerable groups such as injecting drug users, sex workers, and men who
have sex with men drives these communities underground. This inhibits the ability to reach
these populations with prevention efforts, and thus increases their vulnerability to HIV.
Likewise, the failure to provide access to education and information about HIV, or treatment,
and care and support services further fuels the AIDS epidemic. These elements are essential
components of an effective response to AIDS, which is hampered if these rights are not
respected.

What is a human rights approach to HIV and AIDS?

Where individuals and communities are able to realize their rights - to education, free
association, information and, most importantly, non-discrimination - the personal and societal
impacts of HIV
and AIDS are reduced. Where an open and supportive environment exists for those infected
with HIV; where they are protected from discrimination, treated with dignity, and provided
with access to treatment, care and support; and where AIDS is de-stigmatized; individuals are
more likely to seek testing in order to know their status. In turn, those people who are HIV
positive may deal with their status more effectively, by seeking and receiving treatment and
psychosocial support, and by taking measures to prevent transmission to others, thus reducing
the impact of HIV on themselves and on others in society.

The protection and promotion of human rights are therefore essential in preventing the
spread of HIV and to mitigating the social and economic impact of the pandemic. The reasons
for this are threefold. First the promotion and protection of human rights reduces vulnerability
to HIV infection by addressing its root causes. The adverse impact on those infected and
affected by HIV is lessened. Third individuals and communities have greater ability to respond
to the pandemic. An effective international response to the pandemic therefore must be
grounded in respect for all civil, cultural, economic, political, economic and social rights and
the right to development, in accordance with international human rights standards, norms and
principles.

States’ obligations to promote and protect HIV-related human rights are defined in
existing international treaties. HIV/AIDS-related human rights include the right to life; the
right to liberty and security of the person; the right to the highest attainable standard of mental
and physical health; the right to non-discrimination, equal protection and equality before the
law; the right to freedom of movement; the right to seek and enjoy asylum; the right to
privacy; the right to freedom of expression and opinion and the right to freely receive and
impart information; the right to freedom of association; the right to marry and found a family;
the right to work; the right to equal access to education; the right to an adequate standard of
living; the right to social security, assistance and welfare; the right to share in scientific
advancement and its benefits; the right to participate in public and cultural life; and the right to
be free from torture and other cruel, inhuman or degrading treatment or punishment.

The United Nations human rights instruments and mechanisms provide the normative
legal framework as well as the necessary tools for ensuring the implementation of HIV-related
rights. Through their consideration of States reports, concluding observations and
recommendations, and general comments, the UN treaty monitoring bodies provide States with
direction and assistance in the implementation of HIV-related rights. The Special Procedures
of the Human Rights Council, including special representatives, thematic and country
rapporteurs, and working groups also are in a position to monitor respect for HIV-related
rights. The Human Rights Council also requests the Secretary-General to solicit comments
from Governments, United Nations bodies, programmes and specialized agencies and
international and NGOs on steps they have taken to promote and implement, where applicable,
programmes to address the urgent HIV- related human rights of women, children and
vulnerable groups in the context of prevention, care and access to treatment.

CAPITAL PUNISHMENT
Capital punishment, also known as the death penalty, is the execution of a person by the state as
punishment for a crime. Crimes that can result in a death penalty are known as capital crimes or
capital offences. The term capital originates from Latin capitalist, literally "regarding the head"
(Latin caput). Hence, a capital crime originally was to be punished by the lap of the head.

• Capital punishment goes against our most basic human right - the right to life.

• Lethal injection and electrocution are not always smooth and painless. They can cause painful
deaths and are actually a form of torture.

• Keeping prisoners on death row for many years is itself cruel and a form of torture.

In the 1500s, eight capital crimes were formally defined, including treason, petty treason,
murder, robbery, larceny, rape and arson.

Under the Murder Act 1752 a person convicted of murder was to be hanged within 48 hours.
Public hanging was ended by the Prisons Act of 1868. The Children and Young Person Act1933
prohibited the use of the death penalty for anyone aged fewer than 18 at the time of their offence.

In April 1948, the House of Commons voted to suspend capital punishment for five years, but
this decision was overturned by the House of Lords.

In 1965, the Murder (Abolition of Death Penalty) Act abolished capital punishment for is all
offences, except treason, piracy with violence and arson in Royal Dockiards, all of which
remained capital crimes.

Capital punishment at the start of the 21st century

Despite the movement toward abolition, many countries have retained capital punishment, and,
in fact, some have extended its scope. More than 30 countries have made the importation and
possession for sale of certain drugs a capital, offense. Iran, Singapore, Malaysia, and the
Philippines impose a mandatory death lenience for the possession of relatively small amounts of
illegal drugs. In Singapore, which has by far the highest rate of execution per capita of any
country, about three-fourths of persons executed in 2000 had been sentenced for drug offenses.
Some 20 countries impose death penalty for various economic crimes, including bribery and
corruption of the officials, embezzlement of public funds, currency speculation, and the theft of
large of money. Sexual offenses of various kinds are punishable by death in about two of the
countries, including most Islamic states. In China there are some 60 capital offs including all
those listed above.

Despite the large number of capital offenses in some countries, in most years only of 30
countries carry out executions. In the United States, where roughly three-fourths of states and the
federal government have retained the death penalty, about two-thirds executions since 1976
(when new death penalty laws were affirmed by the Supreme Court) have occurred in just six
states—Texas, Virginia, Florida, Missouri. Louis and Oklahoma. China, which executes about
1,000 people annually (though no relevant statistics are published), regularly accounts for some
four-fifths of all judicial sanctioned executions in the world. Although the number of executions
worldwide vary from year to year, some countries—including Belarus, Congo (Kinshasa), Iran,
Nigeria, Saudi Arabia. Singapore, Taiwan, Vietnam, and Yemen—execute criminals regularly.
Japan and India also have retained the death penalty and carry out execute from time to time.

In only a few countries does the law allow for the execution of persons who were nth (under the
age of 18) at the time they committed their crime. Most such execution which are prohibited by
the Convention on the Rights of the Child and the International Covenant on Civil and Political
Rights, have occurred in the United States, which has ratified the convention and which ratified
the covenant with reservations regarding death penalty. Beginning in the late 1990s, there was
considerable debate about what the death penalty should be imposed on the mentally impaired;
much of the controvert concerned practices in the United States, where more than a dozen such
executions to place from 1990 to 2001 despite a UN injunction against the practice in 1989. In 20
and 2005, respectively, the U.S. Supreme Court ruled that the execution of the mental impaired
and those under age 18 was unconstitutional. The court banned the imposition of the death
penalty for rape in 1977 and specifically for child rape in 2008.

In the late 1990s, following a series of cases in which persons convicted of capital crimes and
awaiting execution on death row were exonerated on the basis of new evidence—including
evidence based on new DNA-testing technology—some U.S. states began to consider
moratoriums on the death penalty. In 2000 Illinois Governor George Ryan ordered such a
moratorium, noting that the state had executed 12 people from 1977 to 2000 but that the death
sentences of 13 other people had been overturned in the same period. In 2003, on the eve of
leaving office, Ryan emptied the state's death row by pardoning 4 people and commuting the
death sentences of 167 others. In 2007 the state of New Jersey abolished capital punishment and
commuted the sentences of 8 inmates who faced the death penalty.
 SPECIAL MARRIAGE ACT, 1954

The Special Marriage Act, 1954 is an Act of the Parliament of India enacted to provide a
special form of marriage for the people of India and all Indian nationals in foreign countries,
irrespective of the religion or faith followed by either party. The Act originated from a piece of
legislation proposed during the late 19th century.

In 1872 Act III, 1872 was enacted but later it was found inadequate for certain desired reforms,
and Parliament enacted a new legislation. Henry Sumner Maine first introduced Act III of 1872,
which would permit any dissenters to marry whomever they chose under a new civil marriage
law. In the final wording, the law sought to legitimize marriages for those willing to renounce
their profession of faith altogether ("I do not profess the Hindu, Christian, Jewish, etc. religion").
It can apply in inter-caste and inter-religion marriages. Overall, the response from local
governments and administrators was that they were unanimously opposed to Maine’s Bill and
believed the legislation encouraged marriages based on lust, which would inevitably lead to
immorality.

The Special Marriage Act, 1954 replaced the old Act III, 1872. The new enactment has 3 major
objectives:

1. To provide a special form of marriage in certain cases,

2. to provide for registration of certain marriages and,
3. to provide for divorce.

Applicability

1. Any person, irrespective of religion.

2. Hindus, Muslims, Buddhists, Jains, Sikhs, Christians, Parsis, or Jews can also perform
marriage under the Special Marriage Act, 1954.
3. Inter-caste marriages are performed under this Act.
4. This Act is applicable to the entire territory of India (excluding the state of Jammu and
Kashmir) and extends to intending spouses who are both Indian nationals living abroad.
5. Indian national living abroad.
6. The parties have to file a Notice of Intended Marriage in the specified form to the
Marriage Registrar of the district in which at least one of the parties to the marriage has
resided for a period of not less than thirty days immediately preceding the date on which
such notice is given.
 7. After the expiration of thirty days from the date on which notice of an intended marriage
has been published, the marriage may be solemnised, unless it has been objected to by
any person.
8. The marriage may be solemnised at the specified Marriage Office.
9. Marriage is not binding on the parties unless each party states "I, (A), take thee (B), to be
my lawful wife (or husband)," in the presence of the Marriage Officer and three
witnesses.

Conditions for marriage

1. Each party involved should have no other subsisting valid marriage. In other words, the
resulting marriage should be monogamous for both parties.
2. The groom must be at least 21 years old; the bride must be at least 18 years old.
3. The parties should be competent in regards to their mental capacity to the extent that they
are able to give valid consent for the marriage.
4. The parties should not fall within the degree of prohibited relationship.

Succession to the property

Succession to the property of person married under this Act or customary marriage registered
under this Act and that of their children, are governed by Indian Succession Act. However, if the
parties to the marriage are Hindu, Buddhist, Sikh or Jain religion, the succession to their property
will be governed by Hindu succession Act.

HINDU ADOPTIONS AND MAINTENANCE ACT (1956)

The Hindu Adoptions and Maintenance Act was enacted in India in 1956 as part of the Hindu
Code Bills. The other legislations enacted during this time include the Hindu Marriage Act
(1955), the Hindu Succession Act (1956), and the Hindu Minority and Guardianship Act (1956).
All of these acts were put forth under the leadership of Jawaharlal Nehru, and were meant to
codify and standardise the current Hindu legal tradition. The Adoptions and Maintenance Act of
1956 dealt specifically with the legal process of adopting children by a Hindu adult, and with the
legal obligations of a Hindu to provide "maintenance" to various family members including their
wife or wives, parents, and in-laws.

Application

This act applies to Hindus and all those considered under the umbrella term of Hindus, which
includes:
  a Hindu by religion in any of its forms or development;
 a Buddhist, Jain or Sikh;
 a child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs;
 a child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or
Sikhs and has been so brought up;
 an abandoned child, legitimate or illegitimate of unknown parentage brought up as a
Hindu, Buddhist, etc.; and
 a convert to the Hindu, Buddhist, Jain or Sikh religion.

Persons who are Muslims, Christians, Parsis or Jews are excluded from this definition.

The act does not also apply to adoptions that took place prior to the date of enactment. However,
it does apply to any marriage that has taken place before or after the Act had come into force.
Moreover, if the wife is not a Hindu then the husband is not bound to provide maintenance for
her under this Act under modern Hindu Law.

Adoptions

Who can adopt?

Under this act only Hindus may adopt subject to their fulfilment of certain criteria. The first of
these asserts that the adopter has the legal right to (under this Act that would mean they are a
Hindu). Next, they have to have the capacity to be able to provide for the adopted child. Thirdly
the child must be capable of being adopted. Lastly, compliance with all other specifications (as
outlined below) must be met to make the adoption valid.

Men can adopt if they have the consent of their wife or of all of their wives. The only way of
getting around obtaining the permission of the wife or of the wives is if she or if they are
unsound, if they have died, if they have completely and finally renounced the world, and if they
have ceased to be a Hindu. Men who are unmarried can adopt as well as long as they are not a
minor. However, if a man were to adopt a daughter, the man must be twenty one years of age or
older.

Only unmarried Hindu women can legally adopt a child. A married woman can only give her
consent to adoption by her husband. A married woman whose husband adopts a child is to be
considered the mother. If the child is adopted and there are more than one wife living in the
household, then the senior wife is classified as the legal mother of the adopted child.

Who can be adopted?

The adopted child can be either male or female. The adopted child must fall under the Hindu
category. The adoptee also needs to be unmarried; however, if the particular custom or usage is
applicable to the involved parties then the adoptee can be married. The child cannot be the age of
fifteen or older, unless again it is custom or the usage is applicable to the involved parties. An
adoption can only occur if there is not a child of the same sex of the adopted child still residing
in the home. In particular, if a son were to be adopted then the adoptive father or mother must
not have a legitimate or adopted son still living in the house.

Legal implications for an adopted child

From the date of the adoption, the child is under the legal guardianship of the new adopted
parent(s) and thus should enjoy all the benefits from those family ties. This also means that this
child, therefore, is cut off from all legal benefits (property, inheritance, etc.) from the family who
had given him or her up for adoption.

Maintenance

Maintenance of a wife

A Hindu wife is entitled to be provided for by her husband throughout the duration of her
lifetime. Regardless of whether the marriage was formed before this Act was instated or after,
the Act is still applicable. The only way the wife can null her maintenance is if she renounces
being a Hindu and converts to a different religion, or if she commits adultery.

The wife is allowed to live separately from her husband and still be provided for by him. This
separation can be justified through a number of different reasons, including if he has another
wife living, if he has converted to a different religion other than Hinduism, if he has treated her
cruelly, or even has a violent case of leprosy.

If the wife is widowed by her late husband, then it is the duty of the father-in-law to provide for
her. This legal obligation only comes into effect if the widowed wife has no other means of
providing for herself. If she has land of her own, or means of an income and can maintain herself
then the father-in-law is free from obligation to her. Additionally, if the widow remarries then
her late husband's father-in-law does is not legally bound by this Act anymore as well.

Maintenance of a child or of aged parents

Under this Act, a child is guaranteed maintenance from his or her parents until the child ceases to
be a minor. This is in effect for both legitimate and illegitimate children who are claimed by the
parent or parents. Parents or infirmed daughters, on the other hand, must be maintained so long
as they are unable to maintain for themselves. Sections 20-22 of the Act cover the same, and
provide for the maintenance of any dependents of an individual.
Amount of maintenance provided

The amount of maintenance awarded, if any, is dependent on the discretion of the courts.
Particular factors included in the decision process include the position or status of the parties, the
number of persons entitled to maintenance, the reasonable wants of the claimants, if the claimant
is living separately and if the claimant is justified in doing so, and the value of the claimant's
estate and income. If any debts are owed by the deceased, then those are to be paid before the
amount of maintenance is awarded or even considered.

JUVENILE JUSTICE ACT 1986

The Government of India enacted the Juvenile Justice Act in 1986. In 1989 the General
Assembly of the United Nations adopted the Convention on the Rights of a Child. India ratified
the UNCRC in 1992. The convention outlines the right of the child to reintegration into society
without judicial proceedings where avoidable. Hence the Government, to fulfil the standards of
the convention felt a need to re-write the law. Hence in 2000 the old law was replaced by the
Juvenile Justice (Care and Protection of Children) Act.

In this act a child or juvenile is defined as a person who has not completed his/her 18th year of
age. It outlines two target groups: Children in need of care and protection and Juveniles in
conflict with law. This act protects not only the rights of children, but a person's rights when
he/she was a child. Meaning that if a crime or an incident took place while the person was a
child, and then during the proceeding the juvenile ceased to be of age the case would continue as
if the juvenile has not turned eighteen yet.

The second chapter of the Act addresses Juveniles in Conflict with Law (JCLs). This section
calls for the establishment of Juvenile Justice Boards (JJBs) where the State Government sees fit.
JJBs must contain a Metropolitan or Judicial magistrate and two social workers where one of the
workers must be a woman. The magistrate is required to have a background in child psychology
or child welfare. JCL cases can only be heard in the JJB and not by another court. The powers of
the JJB can be exercised in a High court or Court of Session when an appeal has been made as
part of the act, the state is required to set up a number of institutions where the needs and
protection of juveniles may be fulfilled. For the reception and rehabilitation of JCLs the state
must set up Observation Homes and Special Homes in ever district or group of districts. The
state may directly set up these homes or contract a voluntary organisation to do so. Observation
homes are for institutions for juveniles while their proceedings are underway. After the
proceedings of a particular case are complete, the JJB may decide that the rehabilitation of the
child is not complete and hence place them in a Special home for no longer than three years.
When a police officer comes in contact with a juvenile he must place the child with the Special
Juvenile Police Unit (SJPU) who must report the child to the board without delay. Bail is
available to juveniles in all cases as long as the Board find the release of this child will not place
him in any danger or in the influence of criminals. If the child is not released on bail he is only to
be placed into the custody of an Observation Home. The SJPU are responsible for informing the
juvenile's parents of the arrest, as well as inform the Probation Officer who will make the
necessary enquires about the child.

The JJB must make an inquiry into the case and if they determine the child is guilty of the crime
then they may release the child after advice and counselling. The child can be released either to
his parents/guardians or into an institution, with or without a bond. The Board may also make the
child pay a fine (if he is above fourteen and earns) or complete hours of community service. A
social investigation report from the probation officer is required for the child to be discharged.
The probation officers may be required to continue a follow up of the child even after discharge.
A child can not be charged with the death penalty, imprisonment which can extend to life
imprisonment or committed to prison for inability to pay a fine or providing a security for the
bond.

Under this act juvenile cases can not be processed with non-juvenile cases. A juvenile can not be
rendered unfit or 'disqualified". Juveniles are not exposed to the media as magazines, news
papers and visual media are not permitted to release the information about the juvenile. Juveniles
who run away from the Observation or Special homes can be brought back without a warrant and
without punishment. Cruelty (such as assault or neglect) towards juveniles in the home or by any
person in charge of him/her is a punishable offence. This act also has provisions to penalize
people who exploit children for a crime. A person, who employs a child in a hazardous industry,
employs him/her for begging or provides a child with drugs or alcohol is liable to serve prison
time and pay fines.

Chapter III address Children in Need of Care and Protection (CNCP). In place of a JJB, CNCP
cases are heard by the Child Welfare Committee (CWC). The committee is meant to have a
chairperson and four other members of whom at least one should be a woman and at least one
expert in children's issues. The purpose of the CWC is to provide for the care, treatment,
protection, rehabilitation and development of the child and in doing so uphold the rights of the
child. The child may be brought in front of the CWC by a police office, public servant, social
worker, CHILDLINE, the child or anyone public citizen. The committee may commit a child to
the Children's home or a Shelter home if the child has no immediately available family or
support system.

Like in the case of JCL, CNCP are provided with Children's Homes and Shelter Homes. The
state may directly set up these homes or contract a voluntary organisation to do so. Shelter
homes are for children whose family can not be located or whose case has been completed.
Children who come from a different area or state are meant to be transferred to an institution and
CWC that is closest to his/her residence. The main aim of this system is to restore the child to his
family or family environment after determining the safety of the environment.

The fourth chapter discusses the importance of rehabilitation and social integration as the
purpose of this act. This section discusses certain non-institutional solutions such as adoption,
foster care, and sponsorship. Orphaned and abandoned children are eligible for adoption. The
CWC may declare a child fit for adoption and refer him/her to an adoption agency (set up by the
government) for placement. Foster care in this act is only for looking after infants before
adoption takes place. Sponsorship programmes are to help provide supplementary educational,
nutritional, medical and other services to families, guardians, and homes. After-care
organisations are also to be set up to take care of children after they leave the homes.

The last chapter of the act contains many miscellaneous provisions. Some of the notable
provisions are as follows. The act allows for children with special needs such as a mental or
physical disease to be given the necessary attention at an approved institution that specialises in
the form of care. Under this act the government can set up advisory boards at different levels to
advise them about various implementation aspects of the act. The JJB and CWC have the
authority to release a child to his/her parents or give the child leave because of a death in the
family, a wedding, a school examination, etc. For the carrying out of this act, the state shall
create a Child Protection Unit, whose officers are responsible to ensure that the act is properly
implemented. Rules for this act are to be made by each State Government.

To access CHILDLINE publications regarding the JJ Act click on the following links: Child
Protection & JJ System for Children in Need of Care & Protection and Child Protection & JJ
System for Juveniles in Conflict with Law

The Juvenile Justice (Care and Protection of Children) Act, 2015 came into force on January 1,
2016 after the President of India gave his assent to the bill on December 31, 2015. The 2015 Act
repeals and replaces the Juvenile Justice (Care and Protection of Children) Act, 2000. It provides
to treat juveniles aged between 16 and 18 as adults if they are charged for commission of heinous
crimes, a new legal position which has been criticised by the child rights activists.

The Ministry of Women and Child Development had introduced the Juvenile Justice (Care and
Protection of Children) Bill 2014 in the Lok Sabha on 12th August 2014. It sought to make more
robust, effective and responsive the legislative framework for children in need of care and
protection as well as children in conflict with law. Its provisions responded to the perceptions,
articulated by a wide cross-section of society for the need to have an effective and strengthened
system of administration of juvenile justice, care and protection.
The Act provides that in case a heinous crime has been committed by a person in the age group
of 16-18 years it will be examined by the Juvenile Justice Board to assess if the crime was
committed as a ‘child’ or as an ‘adult’. Since this assessment will take place by the Board which
will have psychologists and social experts, it will ensure that the rights of the juvenile are duly
protected if he has committed the crime as a child.

The Act streamline adoption procedures for orphaned, abandoned and surrendered children. It
establishes a statutory status for the Child Adoption Resources Authority (CARA). The
legislation further proposed several rehabilitation and social integration measures for institutional
and non-institutional children. It also provided for sponsorship and foster care as completely new
measures. It provided for mandatory registration of all institutions engaged in providing child
care. New offences including illegal adoption, corporal punishment in child care institutions, the
use of children by militant groups, and offences against disabled children were also incorporated
in the proposed legislation.

The major amendments include removal of Clause 7 that relates to trial of a person above the age
of 21 years as an adult for committing any serious or heinous offence when the person was
between the ages of 16-18 years; enhancing the period of preliminary inquiry by the Juvenile
Justice Board in case of heinous offences committed by children in the age group of 16-18 years;
increasing the reconsideration period for surrender of children by parents or guardians;
enhancing the period for inter-country adoption in case the child is not given for domestic
adoption; assigning the role of designated authority to monitor the implementation of the Bill to
the National Commission for Protection of Child Rights; and making the Central and State
Governments responsible for spreading awareness on the provisions of the Bill.

MAINTENANCE AND WELFARE OF PARENTS AND SENIOR CITIZENS ACT, 2007

Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is a legislation enacted in
2007, initiated by Ministry of Social Justice and Empowerment, Government of India., to
provide more effective provision for maintenance and welfare of parents and senior citizens. This
Act make it a legal obligation for children and heirs to provide maintenance to senior citizens
and parents, by monthly allowance. This Act also provides simple, speedy and inexpensive
mechanism for the protection of life and property of the older persons. After being passed by the
parliament of India received the assent of President of India on December 29, 2007 and was
published in the Gazette of India on December 31, 2007.Some states have already implemented
the act and other states are taking steps for implementing this Act.

Indian society lay high importance on providing care and protection for parents and elderly.
Withering of joint family system has contributed to the challenges faced by elderly. Nowadays
they are forced to live alone and are exposed to various kinds of problems such as lack of
physical, social, emotional and financial support. To overcome such difficulties and to face new
challenges, the Government of India has enacted this law in the fifty- eighth year of republic so
as to provide maintenance and protection to parents and senior citizens. The population of the
senior citizens constituted 7.5% of the total population in 2001. However, as per the Report of
the Technical Group on Population Projections, constituted by the National Commission on
Population in May 2006, and published by the Office of the Registrar General of India, this
figure is projected to go up to 12.40% of the population by 2026.

The first case under the act was filed in November 2011 by Siluvai (age 84) and his wife
Arulammal (age 80) of Tuticorin against their son and daughter-in-law for neglect, besides
taking away their two homes and gold jewellery.

Objects of the Act

This Act provides in-expensive and speedy procedure to claim monthly maintenance for parents
and senior citizens. This Act casts obligations on children to maintain their parents/grandparents
and also the relative of the senior citizen to maintain such senior citizens. The main attraction of
this Act is there are provisions to protect the life and property of such persons. This Act also
provides setting up of old age homes for providing maintenance to the indigent senior citizens
and parents. This Act extends to the whole of India except Jammu and Kashmir state.

Definitions

 Children- Include son, daughter, grandson, grand daughter but does not include a minor
 Maintenance includes provision for food, clothing, residence, medical attendance and
treatment
 Parent- means father or mother whether biological, adoptive or step father or step mother,
whether or not father or mother is a senior citizen
 Senior citizen- means an Indian who attained the age of 60 years or above
 Relative- means any legal heir of childless senior citizen who is not a minor and is in
possession of or would inherit his property after his death
 Welfare- means provision for food, healthcare, recreation centers and other amenities
necessary for senior citizens.

Maintenance of Parents and senior citizens

A senior citizen including parent who is unable to maintain himself from his own earning or out
of the property owned by him, is entitled to get relief under this Act. Children/grand children are
under obligation to maintain his or her parent either father, mother or both. Likewise, relative of
a senior citizen is also bound to look after the senior citizen. If such children or relative is not
maintaining his parents or senior citizen respectively, then the parents/senior citizen can seek the
assistance of Tribunal constituted under this Act, to enforce the remedy of maintenance. Such
parents/ senior citizen can file an application before the Tribunal, claiming maintenance and
other reliefs from their children/relatives as the case may be.

Such application for maintenance can be filed by the senior citizen or a parent himself, or if such
person is incapable, then by any other person or any registered organisation authorised by him.
The Tribunal can also suo motu take cognizance of the case. After receiving the application the
Tribunal may issue notice to the respondent-children/relative and provide them time to furnish
their reply. Such application for maintenance should be disposed of within 90 days from the date
of service of notice of application to the respondent. However, the Tribunal can extend time for a
maximum period of 30 days in exceptional circumstances after recording reason. The Tribunal is
having power to allow interim maintenance pending disposal of the case. Even though the
application can be filed against any of children/relative as the case may be, such respondent-
children/relative can implead other person who are liable to pay maintenance.

If such children/relative who are directed to pay maintenance fail to comply with the order of
tribunal without sufficient cause, the Tribunal may issue warrant for levying the due amount
from them in the manner levying fines and can also sentence the erring respondent to
imprisonment that may extend to one month or until payment made whichever is earlier. The
Tribunal will not issue Warrant to execute the order of maintenance, if such petition for
execution is filed after a period of 3 months from the date on which the maintenance is due. The
application under this Act can be filed before the Tribunal in any district, where the applicant
resides or last resided or where children or relative resides. The evidence of proceedings shall be
taken in the presence of children/relative against whom relief is sought and if such respondent is
willfully avoiding service of summons or neglecting to attend the Tribunal, the Tribunal may
proceed and determine the case ex parte. If the Tribunal is satisfied that such children/relative
against whom such application for maintenance is pending, neglect or refuses to maintain the
parents/senior citizens as the case may be, may order such children/relative to pay monthly
allowance to such applicant. The maximum amount of maintenance that can be allowed by the
Tribunal is Rs.Ten Thousand per month. The tribunal has power to alter, modify or cancel the
order in appropriate circumstances.The Tribunal has also power to levy interest on the
maintenance amount, which shall be not less than 5% and greater than 18%. Aggrieved by the
order of Tribunal, senior citizen/parent can file appeal before Appellate tribunal within a period
of 60 days and if the Appellate tribunal is satisfied that there occurred some delay in filing
appeal due to sufficient cause, the appeal can be entertained.

Protection of life and property of Senior citizen

If a senior citizen after the commencement of this Act, has transferred his property either
moveable or immovable, by way of gift or otherwise, subject to the condition that the transferee
shall provide him basic amenities and physical needs and thereafter such transferee reuses or
fails to provide such promise, such transfer of property shall be deemed to have been made by
fraud, coercion or undue influence and the Tribunal can declare such transfer as void. Before the
enactment of this law, a senior citizen's only remedy in such a case was to approach the court for
maintenance from the children to whom he had given the property by way of gift or otherwise
and such property would be the exclusive property of the transferee and the senior citizen had no
right in such property. But after the enactment of this Act, a senior citizen can reclaim his
property from the transferee. The concerned police personnel will also ensure priority in dealing
with these types of cases. Representation by lawyers are prohibited under section 17 of this Act.
However the Hon'ble Kerala High Court held that legal practitioners also could represent cases
under this Act.

Abandoning a senior citizen in any place by a person who is having the care or protection of such
senior citizen is a criminal offence and such person shall be punishable with imprisonment for a
term which may extend to three months or fine which may extend to five thousand rupees or
both.

This Act also provides that state governments may establish old age homes at least one in one
district to accommodate indigent senior citizens. State governments may also ensure proper
medical care for senior citizens.

Criticism
Though this Acts provides provisions for a better position for the parents and elderly, there are
some criticism also. It is alleged that ,this Act is not easy to implement, there is no obligation
casts on the state government to establish old age homes, there is no provisions for old age
pensions, definitions provided are confusing etc. Also, because finding credible, willing and able
persons and NGOs for inclusion in the Tribunal is quite a task, the practicality of setting up the
Tribunal itself becomes a challenge.