8. Human Rights are Dynamic - Human rights are not static, they are dynamic.

Human rights go on expanding

NOTES ON HUMAN RIGHTS with socio-eco-cultural and political developments within the State. Judges have to interpret laws in such
BY RAVI BUDGUJAR ways as are in tune with the changed social values. For eg. The right to be cared for in sickness has now been
extended to include free medical treatment in public hospitals under the Public Health Scheme, free medical
UNIT-I examinations in schools, and the provisions for especially equipped schools for the physically handicapped.
9. Rights as limits to state power - Human rights imply that every individual has legitimate claims upon his or
MEANING OF HUMAN RIGHTS: her society for certain freedom and benefits. So human rights limit the state’s power. These may be in the
Human beings are born equal in dignity and rights. These are moral claims which are inalienable and inherent form of negative restrictions, on the powers of the State, from violating the inalienable freedoms of the
in all individuals by virtue of their humanity alone, irrespective of caste, colour, creed, and place of birth, sex, individuals, or in the nature of demands on the State, i.e. positive obligations of the State. For eg. Six
cultural difference or any other consideration. freedoms that are enumerated under the right to liberty forbid the State from interfering with the individual.
These claims are articulated and formulated in what is today known as human rights. Human rights are
sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights SCOPE:
In their contemporary manifestation, human rights are a set of individual and collective rights that have been
DEFINITION OF HUMAN RIGHTS: formally promoted and protected through international and domestic law since the 1948 Universal
The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights derived from the Declaration of Human Rights. Arguments, theories, protections, and violations of such rights, however, have
inherent dignity of the human person.” Human rights when they are guaranteed by a written constitution are been in existence for much longer but since the Universal Declaration, the evolution of their express legal
known as “Fundamental Rights” because a written constitution is the fundamental law of the state. protection has grown rapidly. Today, the numerous international treaties on human rights promulgated since
the Universal Declaration to which an increasingly large number of nation states are a party define the core
content of human rights that ought to be protected across categories of civil, political, economic, social, and
solidarity rights.
NATURE AND SCOPE OF HUMAN RIGHTS: 1. Categories of Human RightsThe collection of human rights protected by international law draws on a
longer of tradition of rights from philosophy, history, and normative political theory and now includes three
NATURE: sets, or categories of rights that have become useful shortcuts for talking about human rights among scholars
1. Human Rights are Inalienable - Human rights are conferred on an individual due to the very nature of his and practitioners in the field, and will be used throughout the remainder of this paper. These three categories
existence. They are inherent in all individuals irrespective of their caste, creed, religion, sex and nationality. are: (1) civil and political rights, (2) economic, social, and cultural rights, and (3) solidarity rights.
Human rights are conferred to an individual even after his death. The different rituals in different religions Civil and political rights uphold the sanctity of the individual before the law and guarantee his or her ability
bear testimony to this fact. to participate freely in civil, economic, and political society. Civil rights include such rights as the right to life,
2. Human Rights are Essential and Necessary - In the absence of human rights, the moral, physical, social and liberty, and personal security; the right to equality before the law; the right of protection from arbitrary
spiritual welfare of an individual is impossible. Human rights are also essential as they provide suitable arrest; the right to the due process of law; the right to a fair trial; and the right to religious freedom and
conditions for material and moral upliftment of the people. worship. When protected, civil rights guarantee one's 'personhood' and freedom from state-sanctioned
interference or violence. Political rights include such rights as the right to speech and expression; the rights to
3. Human Rights are in connection with human dignity – To treat another individual with dignity irrespective assembly and association; and the right to vote and political participation. Political rights thus guarantee
of the fact that the person is a male or female, rich or poor etc. is concerned with human dignity. For eg. In individual rights to involvement in public affairs and the affairs of state. In many ways, both historically and
1993, India has enacted a law that forbids the practice of carrying human excreta. This law is called theoretically, civil and political rights have been considered fundamental human rights for which all nation
Employment of Manual Scavengers and Dry Latrines (Prohibition) Act. states have a duty and responsibility to uphold. They have also been seen as so-called ‘negative’ rights since
4. Human Rights are Irrevocable: Human rights are irrevocable. They cannot be taken away by any power or they merely require the absence of their violation in order to be upheld.
authority because these rights originate with the social nature of man in the society of human beings and
they belong to a person simply because he is a human being. As such human rights have similarities to moral Social and economic rights include such rights as the right to a family; the right to education; the right to
rights. health and well being; the right to work and fair remuneration; the right to form trade unions and free
5. Human Rights are Necessary for the fulfillment of purpose of life: Human life has a purpose. The term associations; the right to leisure time; and the right to social security. When protected, these rights help
“human right” is applied to those conditions which are essential for the fulfillment of this purpose. No promote individual flourishing, social and economic development, and self-esteem. Cultural rights, on the
government has the power to curtail or take away the rights which are sacrosanct, inviolable and immutable. other hand, include such rights as the right to the benefits of culture; the right to indigenous land, rituals, and
6. Human Rights are Universal – Human rights are not a monopoly of any privileged class of people. Human shared cultural practices; and the right to speak one's own language and ‘mother tongue’ education. Cultural
rights are universal in nature, without consideration and without exception. rights are meant to maintain and promote sub-national cultural affiliations and collective identities, and
The values such as divinity, dignity and equality which form the basis of these rights are inherent in human protect minority communities against the incursions of national assimilationist and nation-building projects.
nature. In contrast to the first set of rights, this second set of social, economic, and cultural rights is often seen as an
7. Human Rights are never absolute – Man is a social animal and he lives in a civic society, which always put aspirational and programmatic set of rights that national governments ought to strive to achieve through
certain restrictions on the enjoyment of his rights and freedoms. Human rights as such are those limited progressive implementation. They have thus been considered less fundamental than the first set of rights and
powers or claims, which are contributory to the common good and which are recognized and guaranteed by are seen as ‘positive’ rights whose realisation depends heavily on the fiscal capacity of states
the State, through its laws to the individuals. As such each right has certain limitations.
Solidarity rights, which include rights to public goods such as development and the environment, seek to Categories Civil and political I II
of human Investment in judiciaries, Torture, extra-judicial killings,
guarantee that all individuals and groups have the right to share in the benefits of the earth's natural
rights prisons, police forces, and disappearance, arbitrary
resources, as well as those goods and products that are made through processes of economic growth, elections detention, unfair trials, electoral
expansion, and innovation. Many of these rights are transnational in that they make claims against wealthy intimidation, disenfranchisement
nations to redistribute wealth to poor nations, cancel or reduce international debt obligations, pay
compensation for past imperial and colonial adventures, reduce environmental degradation, and help Economic, social, III IV
promote policies for sustainable development. Of the three sets of rights, this final set is the newest and and cultural Progressive realisation Ethnic, racial, gender, or
most progressive and reflects a certain reaction against the worst effects of globalization, as well as the Investment in health, linguistic discrimination in
relative effectiveness of 'green' political ideology and social mobilization around concerns for the health of education, and welfare health, education, and welfare
Solidarity V VI
the planet. Compensation for past Environmental degradation
wrongs CO emissions
2
2. Dimensions of Human Rights Debt relief Unfair trade
Overseas development
The distinction between these sets of rights follows the historical struggle for them, the appearance of the
and technical assistance
separate international instruments that protect them, the philosophical arguments concerning their status,
and the methodological issues surrounding their measurement. But significant sections of the human rights
community have challenged these
traditional distinctions between ‘generations’ of human rights and have sought to establish the general claim EVOLUTION OF UNIVERSAL HUMAN RIGHTS:
that all rights are indivisible and mutually reinforcing, a sentiment that found formal expression in the 1993 The evolutions of human rights have taken place over centuries.
Vienna Declaration and Programme of Action (Boyle 1995; Donnelly 1999). Such a challenge suggests that it is Man had to struggle hard in order to achieve the ultimate goal – living with dignity – which still has to be
impossible to talk about certain sets of human rights in isolation, since the protection of one right may be realized in various societies.
highly contingent on the protection of other rights. For example, full protection of the right to vote is largely India itself is an example where women, children, dalits, bonded labourers, etc, is trying hard to be a part of
meaningless in societies that do not have adequate health, education, and social welfare provision, since high mainstream. Inspite of all these, the world recognized the U.N.Charter of 1945 which states that human
rates of illiteracy and poverty may mean the de facto disenfranchisement of large sectors of the population. rights are inalienable aspect of mankind. The origin of human rights may be traced to the theory of Natural
Equally, those interested in combating torture need to examine possible underlying socio-economic, cultural, Rights derived from the concept of Natural Law, as propounded by ancient Greek Stoic Philosophers and
and organizational reasons for the practice of torture, which themselves may rely on the variable protection further developed by Thomas
of other human rights. Hobbes and John Locke. The American and French Revolution gave further impetus to the struggle of human
This human rights challenge also suggests that there is a false dichotomy between negative and positive rights. The evolution and development of human rights in the international context can be traced to the
rights that tends to privilege civil and political rights over economic and social rights, since the protection of Magna Carta and the English Bill of Rights followed by the French Declaration and the American Bill of Rights.
the former appears less dependent on state resources than the latter. One response to this false dichotomy is The twentieth century witnessed the crystallization of the philosophy of Human Rights when the United
to claim that ‘all rights are positive since the full protection of all categories of human rights ultimately relies Nations adopted the UN Charter, 1945, The Universal Declaration of Human Rights,
on the relative fiscal capacity of states. In this view, the protection of property rights requires a well-funded 1948 and the International Covenants on Human Rights with further emphasis to protection of rights of
judiciary, police force, and fire service, as well as a well-developed infrastructure that can relay information, Women, Abolition of Slavery, Racial Discrimination, Civil and Political Rights, Economic, Social and Cultural
goods, and services in the event that property is under threat in some way. A similar argument can be made Rights and most importantly the Rights of children.
about guaranteeing the right to vote. Beyond prohibiting intimidation and discrimination at the polls, running In India the drafters of Constitution took care to incorporate Human Rights for its own citizens as well as for
a free and fair election requires a tremendous amount of financial support, technology, and infrastructure, the aliens.
the need for which has been illustrated dramatically by the highly contested process and result of the 2000 1 The Magna Carta, 1215.
Presidential Election in the United States. And as above, the prevention of torture involves training and The Magna Carta, also known as the Great Charter, of 1215 is the most significant constitutional document of
education within police and security forces, which entails the need for significant financial resources from the all human history.
state. The main theme of it was protection against the arbitrary acts by the king. The 63 clauses of the Charter
Another response to the traditional division between positive and negative human rights is to view them has guaranteed basic civic and legal rights to citizens, and protected the barons from unjust taxes. The English
having positive and negative dimensions Church too gained freedom from royal interferences. King John of England granted the Magna Carta to the
English barons on 15th June 1215. The king was compelled to grant the Charter, because the barons refused
Table shows how such a conceptualization of human rights looks if we are to include their positive and to pay heavy taxes unless the king signed the Charter.
negative dimensions 2 The English Bill of Rights, 1689.
The next source and avenue of the development of the philosophy of human rights is the English Bill of
Positive and negative dimensions of human rights categories Dimensions Rights, enacted on December 16, 1689, by the British Parliament. The British Parliament declared its
‘Positive’ ‘Negative’
(i.e. provision of resources and outcomes of policies) (i.e. practices that deliberately supremacy over the Crown in clear terms. The English Bill of
violate) Rights declared that the king has no overriding authority. The Bill of Rights codified the customary laws, and
clarified the rights and liberties of the citizens.
It lays down the twin foundations, viz., the supremacy of the law, and the sovereignty of the nation, upon The two International Covenants, together with the Universal Declaration and the Optional Protocols,
which, the English constitution rests. comprise the International Bill of Human Rights. The International Bill of Human Rights represents a
3. American Declaration of Independence, 1776. milestone in the history of human rights. It is a modern Magna Carta of human rights.
The first colonies to revolt against England were the thirteen States of America. These states declared their
independence from their mother country on 4th July 1776. The declaration charges the king with tyranny and
affirms the independence of the American colonies. The declaration of independence has great significance in
the history of mankind as it justified the right to revolt against a government that no longer guaranteed the
man’s natural and inalienable rights.
UN CHARTER AND HUMAN RIGHTS:
4. The U.S. Bill of Rights, 1791. The basic object of international law since its origin has been to establish peace and security on the globe and
The U.S. Constitution was enacted on 17th September 1787. The most conspicuous defect of the original to help mankind to lead a life with liberty, equality, and freedom from the atrocities. In order to achieve this
constitution was the omission of a Bill of Rights concerning private rights and personal liberties. Madison, objective, the officials of nation states have laid their emphasis to protect the rights of mankind. Accordingly,
therefore proposed as many as twelve amendments in the form of Bill of Rights. Ten of these were ratified by the international legal policy started emphasizing on the promotion and protection of human rights
the State legislatures. These ten constitutional amendments came to be known as the Bill of Rights. The universally without any kind of discrimination on grounds of sex, religion, race etc. This philosophy ultimately
overall theme of the Bill of Rights is that the citizen be protected against the abuse of power by the officials became the corner stone not only of all the branches of international law and the international community,
of the States. but that of the states in their Domestic Laws.
5. The French Declaration of the Rights of Man and of the After the World War II, the victorious powers (popularly referred to as Allied powers, namely, the US, UK,
Citizen, 1789 China, France, and former USSR) have taken the innitiative to end the wars in future and to settle any
The fall of Bastille and the abolition of feudalism, serfdom and class privileges by the National Assembly disputes by peaceful means. This concept resulted in number of conferences, wherein the future nations and
ushered France into a new era. peoples of the world could have their confidence and live with utmost liberty and dignity.
On 4th August 1789, the National Assembly proclaimed the Rights of Man and of the Citizens. The Rights Accordingly, they decided to establish an organisation, which could provide the required legal regulation of
were formulated in 17 Articles. the states on the basis of their participation. The name `United Nations' was suggested for the future
The Declaration of the Rights of Man and of the Citizen has far reaching importance not only in the history of organisation, by the Former US President Franklin D Roosevelt, in 1942. According to him, United Nations
France but also in the history of Europe and mankind. The declaration served as the death warrant for the old represents a symbol of Unity of Independent Nations and their people who united to achieve peace forever
regime and introduced a new social and political order, founded on the noble and glittering principles. and to give away the concept of war. This concept of Roosevelt received widespread recognition by other
Further the declaration served as the basis for many Constitutions, framed in different countries, where the major countries. Accordingly, they established the United Nations in 1945.
framers gave top priority to human rights. Various movements which started from centuries back for the recognition of the rights of men and women,
6. Declaration of International Rights of Man, 1929. received widespread recognition especially, in the western world. However, the independent recognition by
After World War I, questions about human rights and fundamental freedoms began to be raised. In 1929, the states in their constitutions had not given the much required acknowledgement in the international arena.
Institute of International Law adopted the Declaration of International rights of Man. The Declaration After the Second World War, the member states, while discussing on the establishment of United Nat ions
declared that fundamental rights of citizen, recognized and guaranteed by several domestic constitutions, serious ly thought that in order to have similar rights of man across the world. Accordingly, after long
especially those of the French and the U.S.A constitutions, were in reality meant not only for citizens of the deliberations, the words human rights took birth in international law with the adoption of the Charter of the
states but for all men all over the world, without any consideration. United Nations on October 24, 1945.
7. The UN Charter, 1945.
The United Nations Charter was drafted, approved and unanimously adopted by all the delegates of the 51
states, who attended the United Nations Conference at San Francisco. The UN Charter contains provisions for
the promotion and protection of human rights. The importance of the Charter lies in the fact that it is the first United Nations Organization has some Principal organs, namely;
official document in which the use of ‘human rights’ is, for the first time traceable and which also recognized GENERAL ASSEMBLY
the respect for fundamental freedom. The General Assembly is composed of all the State parties' members to the United Nations. The present
8. The Universal Declaration of Human Rights, 1948. strength of the UN is 193. The Assembly meets once in a year normally in September. The president of each
The Universal Declaration of Human Rights was adopted by the General Assembly of the United Nations on session is elected every year by the member states. The General Assembly is authorized by the Charter to
10th December, 1948. The Declaration consists of thirty Articles and covers civil, political, economic, social oversee the various aspects relating to human rights.
and cultural rights for all men, women and children. The declaration however is not a legally binding SECURITY COUNCIL
document. It is an ideal for all mankind. The Security Council is the main body responsible for the maintenance of peace and
9. International Covenants on Human Rights security. It has a total strength of 15 out of which five are permanent members (U.K., USA, France, Russia,
The Universal Declaration of Human Rights, 1948 was not a legally binding document. It lacked enforcements. and China) and 10 non-permanent members elected for every two years basing on geographical
This deficiency was sought to be removed by the U.N. General Assembly by adopting in December, 1966, the representation. The Security Council is highest body, whose decision is final on any matter. To receive any
two Covenants, viz, decision for implementation it requires at least a majority of 10 votes. The President of the Council rotates
1. International Covenant on Civil and Political Rights and every month between the 15 States in alphabetical order. The representatives of members states should
2. International Covenant on Economic, Social and Cultural Rights. always be available in New York to facilitate the council to meet as and when it is necessary.
SECRETARIAT
The United Nations has a secretariat to coordinate with the entire work of all the organs of the UN. It Council as one of the significant organs of the United Nations, in order to assist the General Assembly in
functions under a Chief Administrative Officer referred to as Secretary General. The term of Office of the realizing the protection and promotion of human rights.
Secretary General is five years. It can be extendable indefinitely for any number of terms. However, no 5. According to Article 76, the member states established a Trusteeship Council as another principal organ.
Secretary General has worked more than two terms. The Secretary General is appointed by the General 6. The above are the most important objectives of UN to achieve the fundamental freedoms of human beings
Assembly on the recommendations of the Security Council. The Secretary General also normally elected on across the globe. According to Article. 7 the UN will have six principal organs as discussed above. The function
the basis of geographical rotation. The Secretariat provides for studies, information, and facilities needed by of all the organs is to carry out the duties towards the nation-states, which includes the promotion of human
United Nations bodies for their meetings. The Secretariat is the depository for all the Legal Instruments rights as their principal duty.
entered by the states. It carries the work as directed by the organs of the UN. 7. If any country disobeys the mandate, especially in the promotion and protection of human rights, or if any
ECONOMIC AND SOCIAL COUNCIL country is under threat from another country, the Security Council is empowered to take all necessary steps
The Economic and Social Council is one of the principal organs of the UN. It is responsible for the work of the including even to declare a war to achieve peace and security, which includes the promotion and protection
Economic and Social affairs of the bodies of the UN. It has 54 states as its members. They are elected by the of human rights. (Article 51)
General Assembly for three year term. The election of the States is based on geographical distribution of 8. Apart from the above, in accordance with Article 55, the Security Council may direct the regional
regions of the world. It meets once in a year. This is the main body mostly looks after the affairs of the organizations ( like European Union, SAARC etc., these organizations are established by member states of the
Human Rights and recommends to the UN bodies. UN to settle their internal differences or to promote their relations that are specific to their region only).
International Court of Justice (ICJ) The aim of these organizations is to assist the UN and to achieve the economic, social, cultural aspects and
The ICJ is the main Judicial Organ of the UN. It is situated in the Peace Palace at The Hague in the fundamental freedoms of each region quickly and to resolve the differences between them at the regional
Netherlands. It settles the disputes submitted by the States and renders advisory opinion to the United level. After the establishment of the United Nations, inorder to discharge its commitment for the promotion
Nations. The Court consists of 15 judges elected for a nine year term by the UN. The election takes place of Human rights it has established a small committee of nine members on February 15, 1946 to take steps for
every three years, basing on the retirement of one third of judges. The President of the Court is elected by the preparation of an International Bill of Human Rights.
the judges.
THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND
Provisions of the UN Charter dealing with Human Rights
The preamble of the United Nations, as discussed above, declared its aim to wipe out the fear of war, the ITS LEGAL SIGNIFICANCE:
promotion of human rights and the worth of human person and dignity of mankind. It also seeks to establish Member states of the United Nations pledged to promote respect for the human rights of all. To advance this
justice, and promotes corporation between the States to discharge their duties to create a just economic, goal, the UN established a Commission on Human Rights and charged it with the task of drafting a document
social and cultural order wherein mankind can realize the fundamental human rights in accordance with the spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter. The
principles of international law. Accordingly, a number of provisions of the Charter have incorporated human Commission, guided by Eleanor Roosevelt’s forceful leadership, captured the world’s attention.
rights. They are as follows: On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the 56 members
1. Article 1 of the Charter lays down the purposes of the United Nations. of the United Nations. The vote was unanimous, although eight nations chose to abstain.
Accordingly, it is one of the duties of the UN as a world body to take necessary steps to achieve international The UDHR, commonly referred to as the international Magna Carta, extended the revolution in international
co-operation in order to reduce the inequalities of economic, social, and cultural aspects. It also oversees to law ushered in by the United Nations Charter – namely, that how a government treats its own citizens is now
promote and encourage the nation-states to respect the human rights of man and the promotion of all the a matter of legitimate international concern, and not simply a domestic issue. It claims that all rights are
fundamental freedoms without any distinction to race, sex, language or religion. interdependent and indivisible. Its Preamble eloquently asserts that:
2. Article 8 lays down that the UN shall place no restriction on the eligibility of men and women to participate [R]ecognition of the inherent dignity and of the equal and inalienable rights of
in any capacity equally in its principal and subsidiary organs. According to the provisions of this article, all all members of the human family is the foundation of freedom, justice, and
persons of the world are eligible to join the UN and serve in its jobs as per the qualifications prescribed for peace in the world.
each post. These jobs, the internships, and various projects that are available with UN are open to all without
any discrimination to race, sex, language or any other ground. The declaration contains a preamble and 30 Articles. The preamble specifies the objectives and the Articles
3. According to Article 13, to achieve the purposes and objectives of the Charter, especially with respect to deal with Civil and Political Rights, Economic, Social and Cultural Rights, while a few articles of this declaration
the promotion of Human Rights, the General Assembly (since the General Assembly represents all the deal with the duties to be performed by all agents (this includes the states to render their duties towards
nations), it has been entrusted with the task of taking harmonized steps in the promotion of human rights of other states, to their people and minimum guarantees to the whole mankind wherever they reside. At the
economic, social, cultural, educational and fundamental freedoms. same time, impose legal and moral obligations on the society towards individual's vis-à-vis individuals
4. According to Article 55, it is the responsibility of the United Nations to take all necessary legal steps to towards society and international community). In other words, the declaration became the cornerstone of
promote peace and cooperation between the member countries to attain higher standards of living, full international law to achieve its basic aim and object of securing peace and security, the concept of one world
employment and the promotion economic and social progress; and to make the world free from the fear of war.
(a) To suggest solutions to help the states to achieve internationally economic, social, health, education, and Article 1 ( Free and Equal in Dignity and Right) :
cultural relations of a high standard; and All human beings are born free and equal in dignity and rights. They are endowed
(b) To promote universal respect for human rights without any discrimination on any grounds whatsoever. To with reason and conscience and should act towards one another in a spirit of brotherhood.
achieve the objectives stated in the Article 55, the member states established the Economic and Social Article 2 (Prohibition of discrimination):
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions
kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, without interference and to seek, receive and impart information and ideas through any media and
birth or other status. regardless of frontiers.
Article 3 (Right to Life, Liberty, and Security): Article 20 (Freedom of Assembly and Association) :
Everyone has the right to life, liberty and security of person. 1. Everyone has the right to freedom of peaceful assembly and association.
Article 4 (Prohibition of Slavery): 2. No one may be compelled to belong to an association.
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms. Article 21 (Participation in Government) :
Article 5 (Prohibition of Torture): 1. Everyone has the right to take part in the Government of his country directly or through freely chosen
No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment. representatives.
Article 7 (Equality before the law) : 2. Everyone has the right of equal access to public service in his country
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are Economic, Social, and Cultural Rights
entitled to equal promotion against any discrimination in violation of this Declaration and against any Article 22 (Economic, Social and cultural Rights):
incitement to such discrimination. Everyone as a member of society has the right to social security and is entitled to realization through national
Article 9 (Prohibition of Arbitrary Arrest) : effort and international cooperation and in accordance with the organization and resources of each state of
No one shall be subjected to arbitrary arrest, detention, or exile. the economic social and cultural right indispensable for his dignity and the freedom of his personality.
Article 10 (Right to a Fair Trial) : Article 23 (Right to Work) :
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in 1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work
the determination of his rights and obligations and of any criminal charge against him and to protection against unemployment.
Article 12 (Right to Privacy) : 2. Everyone, without any discrimination has the right to equal pay for equal work.
No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence, or to 3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family
attacks upon his honour and reputation. Everyone has the right to the protection of the law against such an existence worth of human dignity, and supplemented, if necessary, by other means of social protection.
interference or attacks. 4. Everyone has the right to form and to join trade unions for the protection his interests.
Article 13 (Freedom of Movement, exit, and Re-entry) : Article 25 (Right to an adequate standard of living and health) :
1. Everyone has the right to freedom of movement and residence with the borders of each state. 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his
2. Everyone has the right to leave any country including his own and to return to his country. family, including food, clothing housing and medical care and necessary social services, and the right to
3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law security in the event of unemployment, sickness, disability widowhood, old age or other lack of livelihood in
which are necessary to protect national security, public order, public health or morals or the rights and circumstances beyond his control.
freedoms of others and are consistent with the other rights recognized. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out
4. No one shall be arbitrarily deprived of the right to enter his own country. of wedlock, shall enjoy the same social protection.
Article 15 (Right to Nationality) : Article 26 (Right to Education) :
1. Everyone has the right to a nationality. Article 27 (Right to Culture) :
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality. 1. Everyone has the right freely to participate in the cultural life of the community to enjoy the arts and to
Article 16 (Right to Marry and Family Life) : share in scientific advancement and its benefits.
1. Men and women of full age without any limitation due to race, nationality or religion have the right to 2. Everyone has the right to the protection of the moral and material interests resulting from any scientific
marry and to found a family. They are entitled to equal right as to marriage, during marriage and at its literary or artistic product of which he is the author.
dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses. Article 30 (No Abuse of Rights) :
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and Nothing in this Declaration may be interpreted as implying for any state, group or person any right to engage
the state. in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth
Article 17 (Right to Property) : therein.
1. Everyone has the right to own property alone as well as in association with others
2. No one shall be arbitrarily deprived of his property. Significance of the UDHR
The Charter of United Nations aim is to protect the Human Rights and freedoms of the individuals at the
Article 18 (Freedom of thought, conscience and religion) : International level. In order to implement the mandate of the States, the UN adopted the Universal
Everyone has the right to freedom of thought conscience and religion; this right includes freedom to change Declaration of Human Rights. The Declaration is nothing but an extension of the ideology of what states
his religion or belief and freedom, either alone or in community with others and in public or private to parties have conceived in the
manifest his religion or belief in teaching, practice, worship, and observance. Charter.
Article 19 (Freedom of Opinion and Expression) : 1. The adherence to the Declaration in true spirit will bring peace and security.
2. The Declaration with its non-binding nature has received universal recognition without any exception and
accepted by the whole international community.
3. All the states - even the communist countries (like former USSR, former Yugoslavia) - which were skeptical
in the beginning, gradually realized the significance and started defending the declaration.
UNIT-II
4. The regular reference to the Declaration and the development of the provisions later crystallized into
Covenant on Economic, Social and Cultural Rights, Covenant on Civil and Political Rights, and the adoption of
independent texts on various aspects of human rights. All these texts conferred the status on thedeclaration TERRORISM AND HUMAN RIGHTS:
as a part of customary international law. Introduction
5. The Declaration became an extension o f the Charter of the United Nations. On Several Occasions, the Terrorism and human rights are inter-related to each other because when one starts other violates.
various organs of the UN including the Security Council and the General Assembly quoted its provisions in a Terrorism is a global concern today and in true sense it has relation with the almighty. I have taken this topic
number of resolutions and documents. only because I have been working on this topic since when I lost my near ones in the terror attacks from 1993
6. The World Conference on Human Rights held at Vienna in 1993 made references to the UDHR and paid its bombay , 2002 gujrat, 2004 and 2006 in mumbai and the latest one in november 26 in different areas of
tributes to it. mumbai. Truly , this topic does not need a proper introduction but what it needs is a proper and rigid fullstop.
7. The States parties (especially the developing states, several times made a mention of their rights and the Terrorism itself is an attack on human rights. The direct linkage between terrorism and human rights was first
rights of their people in various areas of cooperation and concession of varied aspects of law by the recognized by World Conference on Human Rights in Vienna,1993, of the vienna declaration and its
developed states) advanced their claims basing on the provisions of the Declaration. programme of Action stipulates that “ acts, methods and practices of terrorism in all its forms and
8. The International Court of Justice and the municipal courts (especially the highest court of a country) in a manifestation as well as linking in some countries to drug traffiking are activities aimed at the destruction of
number of cases made significant references to UDHR in their decisions, led for wide judicial recognition. human rights.
9. In 1978 on its 30th anniversary, 84 States paid tributes to the Declaration in the Teheran conference of Some vital question of ethics, human rights, and value by means of dialogue between law and literature.
Human Rights. Terror or terrorism has never been far from the consciousness of poetic culture since
10. As a mark of respect to the declaration and its principles, the UN crystallized its millennium goals basing French Revolution and philosophers such as Burke and Kant were grappling contemporaneously with the
on the unfulfilled dreams of it. These goals will drive the states to discharge their responsibilities to curious compulsion towards terror of the modern age. Terrorism is a deliberate and systematic murder,
accomplish the standards they themselves set in the declaration. maiming and menacing of innocent to inspire fear for political ends.
11. The extensive recognition and respect given to the declaration universally, and celebration of December Terrorism according to me is a product of fanatical violence perpetrated generally in order to realise some
10 every year by the World Community led scholars to term it as the Magna Carta of the World, in upholding political ends to which all humanitarian and ethical beliefs are sacrificed. It is a use of force, threat, and
the rights and fundamental liberties of the individuals. violence methods to combat to achieve certain goals that is aim to induce a state of fear in the victim, that it
is ruthless and against humanitarian norms and that publicity is an essential factors in the terrorist strategy.

Defining Terrorism
Terror and terrorism can be viewed either from the perspective of the person who applies it or from the
perspective of the person subjected to it. As Hegel observed that about the master- slave relationship, the
possibility of exchange of roles always exists. Applied terror and terrorism as function of domination alters
the human relation between the parties. Hegel sees this as a dialectical exchange with social as well
psychological complications.
The relation between the force of terror as instrument of state. Terror here is in the service of the state.
There is evidence that no human being can terrorize another human being without an exaltation which is the
Jacobean's thought of “virtue”. Terrorism by unofficial groups against the targets in another state or within
the state, if promoted or condoned by a government, may raise issues which are unlawful use of force by the
state. Terrorism is a means to to those fanatics who uses this as one of the most valuable weapon against all
the combined forces against it.

Factors Of Terrorism
This is a question which everyone has an answer and each answer varies from one another. This shows that
how people are concerned about this threat. This threat is no js personam and has its effect in all spheres of
life. In my project I will be dealing with various factors which promotes terrorism at large. These are
1. Economic aspect
2. Political aspect
3. Social aspect
4. Religious aspect
5. Ideological aspect

Politics Of Terrorism In India

The political systems are facing a major paradox at present. It relates to the stability of the nation- state
which, with its unprecedented military strength and a large panoply of other security arrangements, has
greater chances of fending off internal opponents and external aggressors. Thus the governments, in their Rights of Minorities in Indian Constitution:
eagerness to secure and maintain a desired degree of obedience and loyalty, have frequently directed The Indian Constitution ensures “justice, social, economic and political” to all citizens. The Indian Constitution
institutionalized violence against their own citizenry as well as against other communities under their control. has adopted measures for the protection of the rights of the religious and ethnic minorities and of the socially
and economically disadvantaged classes such as the scheduled castes and scheduled tribes.
Whose Human Rights Violation The Indian constitution enshrines various provisions for the protection of the rights and interest of the
The rights which are violated by the terrorist attacks on the innocent people and those who are involved in minorities:
the terrorist group. It is a well known fact no one in this world is a terrorist by birth. It is the society and the Firstly, India declares herself a secular state. No particular religion or the religion of the overwhelming
endeavor taken by few fanatics' rather religious fanatics who washes the innocent brain which is supported majority, has been made the religion of the state.
by illiteracy and poverty. Secondly, Article 29 give the religious and linguistic minorities right to establish and manage educational
Role of hindutva on terrorism and the babri demolition and consequent attack on Bombay in 1993 and few institutions of their own. The minorities have been given the unrestricted rights to promote and preserve
other attacks on India and the role of neighboring countries will be discussed in the final project/ draft in their own culture. Indeed, India is a country of diverse cultural groups and She is keen to preserve her cultural
different chapters diversity. Thus for example, even though, Hindi is made the official language of India, primary education
Role Of Police And National Human Rights Commission everywhere is given in the mother tongue. It may be noted that there are over 20 official languages in India.
In this chapter I will be dealing with the way police is been acting on these crucial and sentimental issues. The
human rights violation in the custody and steps taken by national human rights commission and media both Thirdly, Article 29 expressly forbids discrimination on grounds of race, religion, caste, language, in admission
print and electronic. to educational institutions run by the state or receiving aids from the state. This means that the doors of all
educational institutions run by government or receiving funds from the state are open to all groups of
Legislation And Its Myth Indians. Linguistic, religious or ethnic minority students cannot be denied admission to such educational
This chapter will be dealing with the steps taken by the legislature and the errors and lacunae in those institutions.
legislations and improper handling of cases by the authorities. This will also discuss the lack of Article 30 is vital to the protection and preservation of rights of the minorities. The minorities have been
implementation of these laws and whether we need more anti terror legislations in our country. Some given the right to establish and administer educational institutions of their choice. The state also cannot
abortive laws will also be discussed. discriminate against educational institutions established and managed by the minorities in matters of
granting aids. Such educational institutions however must receive state recognition. The state educational
HUMAN RIGHTS OF MINORITIES: authorities have the right to regulate such educational institutions because the “right to manage does not
Who are minorities under international law? include the right to mismanage.”
Adopted by consensus in 1992, the United Nations Minorities Declaration in its article 1 refers to minorities
as based on national or ethnic, cultural, religious and linguistic identity, and provides that States should Article 16 guarantees that in matters of public employment, no discrimination shall be made on grounds of
protect their existence. There is no internationally agreed definition as to which groups constitute minorities. race, religion, caste or language etc. This means that in matters of public employment, all Indians are placed
It is often stressed that the existence of a minority is a question of fact and that any definition must include on a footing of equality. Every citizen of India will get equal employment opportunity in government offices.
both objective factors (such as the existence of a shared ethnicity, language or religion) and subjective factors Finally, Article 25 of the Indian constitution guarantees freedom of religion to every individual. This article of
(including that individuals must identify themselves as members of a minority). the Indian constitution ensures that the members of the religious minority community have the unhindered
right to follow their own religion. The state regulates the practice of a religion only when and to the extent it
RIGHTS OF MINORITIES IN INTERNATIONAL LAW: disturbs public peace. The minority not only has the right to follow their own religion, they also have the right
to propagate it. But the state certainly does and should regulate conversion through force or temptation.
Recognition and Identity:
Forcible conversion is forbidden because it transgresses the individual’s freedom of conscience.
Civil and Political rights: On the whole, the minorities of all kinds have very secure rights in India which must be a matter of envy to
the minorities elsewhere
Prohibition of Discrimination and Positive Measures:
Prohibition of discrimination is a fundamental principle of human rights, contained in majority of human HUMAN RIGHTS OF DISABLED:
rights instruments. J I This fundamental and general principle is a manifestation of the principle of equality
A disability is often described in terms of lack of normal functioning of physical, mental or psychological
and means the equal protection of the law far all. Principle of non-discrimination requires that any right set
processes. It is also defined as learning difficulties or difficulties in adjusting socially, which interferes with a
forth by legislation shall be secured without discrimination on any ground such as sex, race, color, language,
person’s normal growth and development. Often, the term ‘handicapped’ is used, but this is termed
religion, political or other opinion, national or social origin, association with a national minority, property,
politically incorrect now.
birth or other status. The International Convention on the Elimination of All Forms of Racial Discrimination,
regarding non-discrimination measures, obliges states to "prohibit and bring to an end, by all appropriate
There are two approaches to viewing disability:
means, including legislation as required by circumstances, racial discrimination by any persons, group or
The Medical Approach to Disability:
organization.
The medical approach looks at disability as a medical problem. A person is disabled because of a medical
condition that makes him/her mentally, physically or emotionally less perfect. Such a person has limitations
in functioning, which it may be possible to cure or control through medication, rehabilitation therapies and so Here’s a brief note on the laws relating to the rights of disabled people in India:
on. Disability is seen as an individual’s concern and all the problems relating to disability happen because of The Rehabilitation Council of India Act, 1992
the limitations of the individual. For example, if a person cannot move to the top floor because he/she is This established the Rehabilitation Council of India, a body that standardises and improves the quality of rehabilitation
unable to use the stairs, the person is disabled. services available to people with disabilities.
The Social Approach to Disability The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
The social approach recognises that people are different in terms of learning styles, kinds of intelligence, etc. Disabilities Act, 1999
In this approach, disability is not looked at in isolation, but considered the result of social and environmental As the name suggests, this Act requires the setting up of a body to promote the welfare of the categories of
factors that vary from one culture to another. Each culture has its own ideas of what is normal and each people mentioned in its name. This is important more so because as we will see later, some of these
culture puts pressure on people to conform with that norm. Thus, the social approach takes a ‘human rights categories are outside the scope of the Persons with Disabilities Act. Importantly, the Act not only talks about
approach’, unlike the medical approach, and it emphasises the fact that disabled people become institutional machinery for the care of such disabled people, it also focuses on ways to empower disabled
marginalised and treated unfairly because society does not make adequate provisions for their differences. persons to live independently or as fully as possible within the community.
The Mental Health Act, 1987
What are the Rights of the Disabled? This Act amended and improved old laws relating to the care and treatment of people who suffered from a
People who have been perceived as being different from what is considered normal, whether in the physical, mental illness. From the human rights perspective, this Act clearly provides that people with a mental illness
mental or emotional sense, have suffered discrimination in many ways. This discrimination takes various should not be subjected to physical or mental indignity or cruelty and that they should not be used for
forms. research without informed consent from competent persons.
It could range from less respect and dignity to harsher forms of abuse. Disabled people have often been
subjected to physical and sexual abuse or forced to live in institutions that isolated them from society. Stories A Look at Some of the Special Issues Facing People Living with Disabilities:
of abuse were also not uncommon. Disabled people have often been restrained from getting married or from
having children. Often, extreme forms of abuse have extended to them being abandoned or even murdered.
Accessibility:
Unfortunately, for a long time, society did not even view its treatment of disabled people as being wrong. Given their history of segregation and isolation, the right to full participation in the community is one that
Disabled people were just perceived as ‘less than’ or ‘not quite’ human. However, with the growth of human people with disabilities value very highly. However, in order to participate in the life of the community, a
rights and the recognition of several marginalised groups, people with disabilities have also been recognized as person needs to get around. Whether he/she is going to school, to work or to use recreational facilities, the
a marginalised group. They began to be viewed not as less human, but as humans who could attain their full ability of a disabled person to move around in the immediate vicinity of his/her living space or travel further
potential if they received the opportunities to do so. afield is critical to making him/her feel like a valued and effective member of the community. However, most
Over time, a number of international standards and steps were established internationally in order to protect the community facilities in the world have been designed for and cater to only able-bodied individuals.
rights of the disabled. Here’s a quick list of some of these: Education:
• The Universal Declaration on Human Rights, (1948); Rather than being perceived as a right, education has been seen as something extra for people with
• The International Convention on Civil and Political Rights, 1966;
disabilities. Almost 90 per cent of educational opportunities for people with disabilities come from the non-
• The International Covenant on Economic, Social and Cultural Rights, 1966;
• The UN Declaration on the Rights of Mentally Retarded Persons; governmental, private or voluntary sectors. In 1971, UNESCO noted that in India, the general principle of
• The UN Declaration on the Rights of Disabled Persons; compulsory education was stated, but it was up to each state to decide how long such education would be
• General Comment No. 5 to the International Covenant on Economic, Social and Cultural Rights (ICESCR), provided and to whom. Given here are some of the landmarks in education for children with disabilities in
1994; India:
• Decade of Disabled Persons, 1983-92; Integrated Education for Disabled Children, 1974:
• Asia Pacific Decade of Disabled Persons, 1993-2002, and The government launched the first major scheme to promote integrated education, called Integrated
• Asia Pacific Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and
Pacific Region, 1992.
Education for Disabled Children, in 1974, primarily directed at children with visual and hearing impairments
National Open Schools
Although the Universal Declaration on Human Rights (UDHR) and the International Covenant on Economic, The establishment of the National Open School system, which allows for greater flexibility to accommodate
Social and Cultural Rights (ICESCR) spoke about frameworks to prevent discrimination against human beings the learning needs of non-conventional learners, has been beneficial for many students with disabilities.
on a number of grounds, disability was not one of them. Thus, there was a need for specific instruments Greater awareness about and recognition for the system needs to be generated, both among the academic
dealing with disability. However, we must note that specific instruments have also been criticised as community as well as the general public, so that graduates from the Open School system do not face
increasing the sense of exclusion that disabled people feel when compared with the mainstream. discrimination in the fields of higher education and employment.
Deeply concerned about the situation faced by the 600 million persons with disabilities around the world and
conscious of the need for an international instrument, the UN General Assembly decided to establish a Employment:
committee to consider proposals for an international convention to protect the rights and dignity of persons An important part of being human and living with dignity relates to the ability to find work that is dignified,
with disabilities, based on the holistic approach in the work done in the fields of social development, human meaningful and, usually, associated with remuneration of some kind. However, this is not an option for many
rights and non-discrimination. Thus, the shift towards a particular stress on disabilities was well grounded in people with disabilities in many countries. Often, the only employment that people with disabilities are able
the human rights approach. to find are in ‘sheltered workshops’, not all of them in conducive working conditions. At the other end of the
spectrum, there have also been times in society and individuals who have used the services of disabled
people in conditions equivalent to slave labour, without any or adequate remuneration and in undignified
conditions. UNIT-III
In India, the Persons with Disabilities Act, 1995, contains many provisions relating to employment. Some of
the major provisions are listed here: HUMAN RIGHTS IN INDIA INCLUDING CONSTITUTIONAL
• Governments will identify positions in establishments that can be reserved for people with disabilities and
update the list at least every three years, keeping in mind increased opportunities as technology allows GUARANTEE:
greater access to people with disabilities into more areas of work; Today human rights are central to the discourse of International Public Policy and Scholarship. And the
• A quota of 3 per cent of the positions in government establishments will be reserved for people with mechanisms have evolved dramatically since the signing of the Universal Declaration of Human Rights (UDHR)
disabilities, and 1 per cent each for people with hearing impairments, blindness or low vision, and orthopaedic
disabilities. Only if suitable candidates are not available for two consecutive years from any category may on 10 December 1948. Human Rights do not exist in a vacuum, inevitably, they are formulated by individuals
persons without disabilities be considered for the position; and state and they are implemented by states themselves. However, a number of national, regional and
• Job vacancies suitable for people with disabilities must be notified through Special Employment Exchanges; international bodies exercise responsibility for overseeing the monitoring of human rights and ensuring that
• Government and government-aided educational institutions will reserve at least 3 per cent seats for people states comply with obligation.
with disabilities;
• At least 3 per cent of the beneficiaries in poverty alleviation schemes will be people with disabilities; The Constitution of India was drafted by the Constituent Assembly on 9th December, 1946 and after long
• Providing for training;
discussions and debates by the foremost legal luminaries and thinkers of our country the draft Constitution
• Relaxing the age limit;
• Promoting accessible environments; was finally adopted on 26th November, 1949. The framers of the Indian Constitution were influenced by the
• Undertaking health and safety measures, and concept of human rights and guaranteed most of human rights contained in the UDHR. The UDHR contains
• Providing incentives to private and government employees to raise their induction of employees Civil and Political as well as Economic Social and Cultural rights. While Civil and Political rights has been
incorporated in Part III of Indian Constitution i.e. Fundamental Rights, as Economic Social and Cultural rights
Other Issues: have been incorporated in Part IV of the Constitution i.e. Directive Principles of States Policy. The inclusion of
Poverty and Disability: On the one hand, poverty causes disability; on the other, disability and its important provisions of UDHR in the Constitution of India has given them supremacy over all other statutory
consequences are increased by poverty. Vitamin deficiencies, lack of calcium and iodine in the diet, anaemia
provisions.
and malnutrition of both children and pregnant and nursing mothers, often the result of poverty, can be
causally related to disability. Unsanitary living conditions and lack of basic amenities can cause diseases such FUNDAMENTAL RIGHTS
as typhoid, tuberculosis, polio and meningitis, which can also lead to disabilities. Lack of appropriate
information, access to primary healthcare and The Constitution guarantees six fundamental rights to Indian citizens as follows: (i) right to equality, (ii) right
immunisation services also plays a role in causing disability. Up to 50 per cent of common disabilities are to freedom, (iii) right against exploitation, (iv) right to freedom of religion, (v) cultural and educational rights,
preventable. and (vi) right to constitutional remedies. While these fundamental rights are universal, the Constitution
• Disability and Gender Equity: An overwhelming number of societies in the world are patriarchal, i.e. the provides for some exceptions and restrictions.
balance of power between the sexes is tilted in favour of men. In these societies, women are routinely
discriminated against in multiple ways. When women are also disabled, they suffer a double handicap of 1 Right to Equality
gender discrimination as well as disability related discrimination. Right to equality is very important in a society like ours. The purpose of this right is to establish the rule of law
where all the citizens should be treated equal before the law. It has five provisions (Articles 14-18) to provide
for equality before law or for the protection of law to all the persons in India and also to prohibit
discrimination on the grounds of religion, race, caste, sex or place of birth.
(i) Equality before Law:
(ii) No Discrimination on the basis of Religion, Race, Caste, Sex or Place of Birth
(iii) Equality of Opportunity to all Citizens in matter of Public Employment:
(iv) Abolition of Untouchability:

2 Right to Freedom
You will agree that the freedom is the most cherished desire of every living being.
Human beings definitely want and need freedom. You also want to have freedom.
The Constitution of India provides Right to Freedom to all its citizens. This Right is stipulated under Articles
19-22. The following are the four categories of Rights to Freedom:
I. Six Freedoms: Article 19 of the Constitution provides for the following six freedoms:
(a) Freedom of speech and expression
(b) Freedom to assemble peacefully and without arms
(c) Freedom to form Associations and Unions
(d) Freedom to move freely throughout the territory of India
(e) Freedom to reside and settle in any part of India c. Freedom as to the payment of taxes for promotion of any particular religion: No person shall be
(f) Freedom to practise any profession or to carry on any occupation, trade or business compelled to pay any tax, the proceeds of which are specifically used in payment of expenses the incurred on
II. Protection in respect of conviction for offences: Article 20 of the Constitution provides for the protection the promotion or maintenance of any particular religion or religious sect.
in respect of conviction for offences. No one can be convicted for an act that was not an offence at the time d. Freedom as to attendance at religious instruction or religious worship in certain educational institutions:
of its commission, and no one can be given punishment greater than what was provided in the law prevalent
at the time of its commission. Also, no one can be prosecuted and punished for the same offence more than 5 Cultural and Educational Rights
once and can be forced to give witness against his or her own self. India is the largest democracy in the world having diversity of culture, scripts, languages and religions. As we
III.Protection of life and personal liberty: As provided in Article 21, no one can be deprived of his or her life know the democracy is a rule of the majority. But the minorities are also equally important for its successful
or personal liberty except according to the procedure established by law. working. Therefore, protection of language, culture and religion of the minorities becomes essential so that
IV. Protection against arrest and detention in certain cases: It is provided in Article 22 that whenever a the minorities may not feel neglected or undermined under the impact of the majority rule. Since people take
person is arrested, he or she should be informed, as soon as it is possible, of the grounds for arrest and pride in their own culture and language, a special right known as Cultural and Educational Right has been
should be allowed to consult and to be defended by a legal practitioner of his or her choice. Moreover, the included in the Chapter on Fundamental Rights. In Articles 29-30 two major provisions have been made:
arrested person must be produced before the nearest magistrate within 24 hours of such an arrest excepting a. Protection of interests of minorities: Any minority group having a distinct language, script or culture of its
a person who has been arrested under preventive detention law. The case of the person arrested under own shall have the right to conserve the same.
preventive detention law has also to be referred to an Advisory Board within a period of three months of his No citizen shall be denied admission into any educational institution maintained by the State or receiving aid
or her arrest. out of State funds on grounds only of religion, race, caste, language or any of them.
b. Right of minorities to establish and administer educational institutions:
3 Right against Exploitation All Minorities, whether based on religion or language, have the right to establish and administer educational
Have you ever thought how many ways exploitations take place in our society? You might have seen a small institutions of their choice.
child working in a tea shop or a poor and illiterate person being forced to work in the household of a rich
person. Traditionally, the Indian society has been hierarchical that has encouraged exploitation in many 6 Right to Constitutional Remedies
forms. Which is why, the Constitution makes provisions against exploitation. The citizens have been Since Fundamental Rights are justiciable, they are just like guarantees. They are enforceable, as every
guaranteed the right against exploitation through Articles 23 and 24 of the Constitution. These two provisions individual has the right to seek the help from courts, if they are violated. But in reality it is not so.
are: Encroachment or violation of Fundamental Right in our day to day life is a matter of great concern. Which is
a. Prohibition of traffic in human beings and forced labour: Traffic in human beings and begar and other why, our Constitution does not permit the legislature and the executive to curb these rights. It provides legal
similar forms of forced labour are prohibited and any breach of this provision shall be an offence punishable remedies for the protection of our Fundamental Rights. This is called the Right to Constitutional Remedies
in accordance with law. stipulated in Article 32. When any of our rights are violated, we can seek justice through courts. We can
b. Traffic in human beings means selling and buying of human beings as material goods. Trafficking, especially directly approach the Supreme Court that can issue directions, orders or writs for the enforcement of
of young women, girls and even boys is continuing as an illegal trade. Fundamental Rights.
2. Earlier especially in the feudal Indian society, people belonging to the poor and downtrodden sections 7 Right to Education (RTE)
were made to do work free of charge for landlords and other powerful people. This practice was Begar or The Right to Education is added by introducing a new Article 21A in the Chapter on Fundamental Rights in
forced labour. 2002 by the 86th Constitutional Amendment. It was a long standing demand so that all children in the age
group of 6-14 years (and their parents)can claim compulsory and free education as a Fundamental Right. It is
c. Prohibition of employment of children in factories, etc.: As the Constitution provides, no child below the a major step forward in making the country free of illiteracy. But this addition remained meaningless, as it
age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous could not be enforced until 2009 when the Parliament passed the Right to Education Act, 2009. It is this Act
employment. which aims at ensuring that every child who is between 6-14 years of age and is out of the school in India,
4 Right to Freedom of Religion goes to school and receives quality education, that is his/her right.
As you know, one of the objectives declared in the Preamble is “to secure to all its citizens liberty of belief,
faith and worship”. Since India is a multi-religion country, where Hindus, Muslims, Sikhs, Christians and many So far as human rights concerning economic, social and cultural aspects are concerned, the fact remains that
other communities live together, the Constitution declares India as a ‘secular state’. It means that Indian Directive Principle of State Policy contained in Part IV of the Constitution are definitely much more exhaustive
State has no religion of its own. But it allows full freedom to all the citizens to have faith in any religion and to than the Universal Declaration. There are number of principles and rights contained in Part IV of the
worship, the way they like. But this should not interfere with the religious beliefs and ways of worship of Constitution which do not find mention in the Universal Declaration. Such rights and principles are:
other fellow beings. This freedom is available to the foreigners as well. In respect of the Right to freedom the Equal justice and free legal aid (Article 39 A)
Constitution makes the following four provisions under Articles 25-28: Organization of village panchayat (Article 40)
A.Freedom of conscience and free profession, practice and propagation of religion: All persons are equally Participation of workers in management industries (Article 43-A)
entitled to freedom of conscience and the right to profess, practise and propagate religion freely. Uniform Civil Code (Article 44).
b. Freedom to manage religious affairs: Subject to public order, morality and health, every religious group or Promotion of education and economic interests of scheduled castes, scheduled tribes and other weaker
any section thereof shall have the right (a) to establish and maintain institutions for religious and charitable sections (Article 46).
purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable Protection and improvement and safeguarding of forests (Article 48 A) etc
property; and (d) to administer such property in accordance with law. Economic, Social and Cultural Rights.
JUDICIAL ACTIVISM AND THE PROTECTION OF
HUMAN RIGHTS IN INDIA:
Role of Non – Governmental Organizations in the Promotion role can be seen as working in collaborative programs. Local experts/professionals/resource persons play major secondary
roles.
and Protection of human rights:
Many organizations around the world dedicate their efforts to protecting human rights and ending human Development and Operation of Infrastructure: Community- based organizations and cooperatives can acquire, subdivide and
develop land, construct housing, provide infrastructure and operate and maintain infrastructure such as wells or public toilets
rights abuses. Public support and condemnation of abuses is important to their success, as human rights and solid waste collection services.
organizations are most effective when their calls for reform are backed by strong public advocacy[]. Non
Governmental Organization is one of the examples of such groups. In every part of the globe, there are Non- Supporting Innovation, Demonstration and Pilot Projects: NGO have the advantage of selecting particular places for innovative
Governmental Organizations’ (NGOs) working every hour of the day to document the injustices heaped upon projects and specify in advance the length of time which they will be supporting the project - overcoming some of the
women, children and the under-class, standing beneath the bottom rung of the society. By their active shortcomings that governments face in this respect.
campaigning, they remind Governments to keep their promise in order to give practical shape to goals set by Facilitating Communication: The significance of this role to the government is that NGOs can communicate to the policy-
various national and international conventions on human rights. India is estimated to have between 1 million making levels of government, information about the lives, capabilities, attitudes and cultural characteristics of people at the
and 2 million NGOs.[] The NGO are a necessary corollary to the democratic machinery of the government, local level. NGOs can facilitate communication upward from people to the government and downward from the government to
they are means of democratic empowerment of those who are less powerful and less advantaged as the t he people.
government machinery and its authorized institution are not always sufficient to guarantee the protection of
Technical Assistance and Training: Training institutions and NGOs can develop a technical assistance and training capacity
human right and use this to assist both CBOs and governments.
Human Right and NGO
Research, Monitoring and Evaluation: Innovative activities need to be carefully documented and shared - effective
Human rights as the ‘Rights relating to life, liberty, equality, and dignity of individuals guaranteed by the constitution or
participatory monitoring would permit the sharing of results with the people themselves as well as with the project staff.
embodied in international covenants and enforceable by the courts in India’[]
The term non-governmental or, more accurately non-profit is normally used to cover the range of organizations which go Advocacy for and with the Poor:
to make up civil society. Such organizations are characterized, in general, by having as the purpose of their existence In some cases, NGOs become spokespersons or ombudsmen for the poor and attempt to influence government policies and
something other than financial profit. However, this leaves a huge multitude of reasons for existence and a wide variety programs on their behalf. This may be done through a variety of means ranging from demonstration and pilot projects to
of enterprises and activities. NGOs range from small pressure groups on, for example, specific environmental concerns participation in public forums and the formulation of government policy and plans, to publicizing research results and case
or specific human rights violations, through educational charities, women's refuges, cultural associations, religious studies of the poor. Thus NGOs play roles from advocates for the poor to implementers of government programs; from
organizations, legal foundations, humanitarian assistance programs.[]The Economic and Social Council may make agitators and critics to partners and advisors; from sponsors of pilot projects to mediators.[]
suitable arrangements for consultation with nongovernmental organizations which are concerned with matters within its Role of NGO at International level in protecting human right
competence. Such arrangements may be made with international organizations and, where appropriate, with national
organizations after consultation with the Member of the United Nations concerned. At the international level, the status of human rights is watched by many NGOs. Amnesty International is one such
organization. This Organization is dedicated to publicizing violation of human rights, especially freedom of speech and
religion and right of political dissent. It also works for the release of political prisoners and, when necessary, for the relief of
NGO’s have a vital role to play in the promotion and protection of human right specially in the developing country, has
their families. For its commendable services in the field of human rights, Amnesty International was awarded the Nobel Prize
the largest number of NGO’s whose activates are spared in different fields for the welfare of human being including the
for peace in 1977.
promotion and protection of human right.

Role of NGO
“The 21st Century will be an era of NGOs.” — Kofi Annan, Former UN Secretary General
The world conference on human right was held in Vienna in Austria in 1993, with objective “to review and assess the progress
International NGOs
made in the field of human right”. The resolution no 38 of the declaration stated –the world conference on human right
recognizes the important role of Non Government Organization in the promotion of all human right and in humanitarian. The Fred Hollows Foundation
It is a non-profit, community-based, non-government development aid organization that focuses on treating and preventing
NGO organization have functioned as the conscience of the national in the field of human right by taking prompt action to blindness and other vision problems. It operates in Australia, The Pacific, South and South East Asia, and Africa.
investigate the instance human right by undertaking and the spot studies and publishing the observations.
Human Rights Foundation
NGOs play a pivotal, role in many fields, such as in prevention of HIV/AIDS, to educate to teach and train vulnerable groups, The Human Rights Foundation (HRF) is a non-profit organization whose stated mission “is to ensure that freedom is both
child care, child exploitation, child labour, bonded labour, in sex tourism, and providing counselling in number of matters preserved and promoted” in the Americas. [The Human Rights Foundation was founded in 2005 by Thor Halverson. Its head
including domestic disputes, subject relating to rights of women and children and so on. office is in New York City, New York, USA. Its definition of human rights focuses on the essential ideals of freedom of self-
determination and freedom from tyranny and the rights of property.
Among the wide variety of roles that NGOs play, the following are important Role of NGO at national level in protecting human right
The Social Welfare Role - where relief and charity are key actions. NGOs in this role can be seen as initiating internal
programs and projects. Ramakrishna Mission Home of Service:
It is an Indian non-governmental organization established in Varanasi , established in 1900 and became a branch of
The Mediatory Role - where communication as a skill is important for development and social action. NGOs in this role can be Ramakrishna Mission in 1902. It manages an education program on essential health problems in schools, slums and villages of
seen as participating or taking up external programs and projects. Uttar Pradesh (India) thanks to auto produced multimedia educational films.

The Consultative Role - where support documentation and dissemination of information and expertise is critical. NGOs in this
Child Rights and You: (ii) Human being, other living creatures, plants, micro-organism and property.
Rights and You (formerly Child Relief and You, till 2005), commonly abbreviated as CRY is a non-profit organization in India
that aims to restore children’s rights in India. The organization was established in 1979. The organization partners with grass- Man, moving on the path of development has turned from changer to transformer and now to destroyer of
roots Nongovernmental organizations to uplift thousands of Indian children denied basic children’s rights In 2007, its media
the environment. He is progressing continuously and meticulously. Simultaneously natural environment is
campaign showing “smiling kids” and asking citizens to partner instead of simple donate, was seen as departure from
stereotypical NGO sector advertising in India disintegrating. Socio-economic development of man depends on the environment and this development
influences the environment. Mankind therefore made a bold move and held the UN Conference on Human
Bandhua Mukti Morcha: Environments in Stockholm (Sweden) in 1972 that brought man closure to nature. The preamble of it states,
Bandhua Mukti Morcha (BMM) or Bonded Labour Liberation Front (BLLF) is a non-governmental organisation in India 'the need for a common outlook and for common principles to inspire and guide the peoples of the world in
working to end bonded labour. Based in New Delhi, it was founded in 1981 by Swami Agnivesh who continues as its
the preservation and enhancement of the human environment
chairman. Bonded labour was legally abolished in India in 1976 but it remains prevalent, with weak enforcement of the law by
state governments. Estimates of the problem vary. Official figures include a 1993 estimate of only 251,000 bonded labourers The declaration makes a historic analysis of the problem of global environment and human rights. It says,
while BMM says there are 65 million bonded child labourers, and a larger number of adults. A 2003 project by Human Rights 'Man is both creature and molder of his environment, which gives him physical sustenance and affords him
Watch has reported a major problem with bonded child labour in the silk industry, BMM’s efforts are credited with the passing the opportunity for intellectual, moral, social and spiritual growth. Both aspects of man's environment, the
of legislation to abolish child labour in India (the Child Labour (Prohibition and Regulation) Act 1986 natural and man-made, are essential to his well being and to the enjoyment of basic human rights even the
right to life itself.
The list of NGOs is by no means exhaustive. There are many other organisations working for the cause of human rights. The
work of five organisations is reported here by way of illustration only. The protection and promotion of the basic human rights is the duty of state. Also to protect the environment
Role of NGOs in protecting Human Right through Judiciary and NHRC is essential because with the growth of commercialization and man's greed, over exploitation of environment
has become a common feature. This can be checked only through proper legislation. So the need is to make
NGOs have played an important role in the protection of human rights. They cannot succeed in their role unless there is help such environmental laws those concerned to protect global and national environments so that man lives in
from the judiciary. The NGOs help the victim of human right violation by providing them assistance and advice. The NGOs harmony with nature and attains his goals of a creative and happy life.
have filed cases, writ petitions and public interest litigation on behalf of victims and public at large for protection of human Initially, the subject of protection of human rights and environment was dealt with in a fragmentary manner
rights. The NGOs have fought against the system of bonded lab our, fake encounters by police, protection of women children’s under international law through various international conventions, treaties and laws. A few important of
rights, custodial violence and custodial death, prevention of torture and other in human practices. The judiciary has passed
these are :-
appropriate order and given compensation to the victims on a petition by the NGOs. The NHRC encourages NGOs in the of
human rights. The NGOs also take up cases of violation to the NHRC and state human rights commissions. • International Plant Protection Convention, 1951.
• The International Convention for the Prevention of the Pollution of the Sea by Oil, 1954.
• The Nuclear Weapons Test Ban Treaty 1963.
The following are some examples in which NGO take an action in court for protecting human right: • Treaty on the Non-Proliferation of Nuclear Weapons, 1968.
1. Vishaka & Ors vs State of Rajasthan & Ors • The African Convention on the Conservation of Natural Resources, 1968.
2. Peoples’ Union For Democratic Rights V. State Of Bihar & Ors (19 December 1986) • Treaty on Oil Pollution in Seas, 1969.
3. Bandhua Mukti Morcha vs Union Of India & Ors (16 December 1983) • The Convention of Wetlands of International Importance, 1971.
4. Saheli V/S Commissioner Of Police • The Convention of the Protection of the World Cultural and Natural Heritage, 1972.
5. People’s Union for Democratic Rights V/s Police commissioner Delhi, head quarters 1989 4 SCC 730.

Contribution of NGOs towards the development of Human Rights PROVISION OF ENVIRONMENTAL LAW IN INDIA
* They mobilize public opinion. Apart from international laws, every country has enacted laws regarding environment protection, pollution
* They contribute a lot to the society. control etc. In India, there are several acts for environment protection that says protection of environment is
* They pressurize the government on certain issues, such as protection of prisoners rights, torture etc. the duty of government. Also the purpose of state is welfare of citizens and establishment of such a society
* They approach the judiciary on behalf of poor people who otherwise have no access to justice. that ensures people a human dignity a human living and finally an equal and humane socio-economic
* They ask for submission of certain reports.
relationship. The intermeshing of human rights can be seen from the fact that ecology and environment are
* The play a special role especially in the developing countries for the development of human rights.
today considered control focus of a person's entitlement.
In India a separate ministry namely The Department of Environment was established in 1980 to ensure a healthy
environment for the country. The main acts for environment protection in India are as follows :-
HUMAN RIGHTS AND ENVIRONMENT PROTECTION:
ABSTRACT & INTORDUCTION 1. The Forest Conservation Act, 1980.
Environmental issues have drawn the attention of common people as environmental degradation and pollution 2. The Prevention of Air and Water Pollution, 1974, 1981
have assumed global dimension and are even threating the very existence and survival of mankind. It may be (The Central Pollution Control Board) (CPCB) was constituted under this act.
both natural and man made. 3. The Air Prevention and Control of Pollution, 1981.
DEFINITION OF ENVIRONMENT 4. The Atomic Energy Act. 1982.
According to section 2(A) of Environment Protection Act, 1986 Environment includes: 5. The Environmental Protection Act, 1986.
(a) Water, Air and Land (It came into force soon after the Bhopal Gas Tragedy)
(b) The interrelationship which exists among and between- 6. The Environmental Conservation Act. 1989.
(i) Water, Air, Land 7. The National Environmental Tribunal, 1995.
8. National Environmental Appellate Authority Act, 1997. RIGHT OF ARRESTED PERSON UNDER THE INDIAN CONSTITUTION:
9. National Environment Management Act (NEMA), 1998 PRTECTION IN RESPECT OF CONVICTIONFOR OFFENCES:
10. Handling and Management of Hazardous Waste Rule in 1989. Following are some important provisions creating rights in favour of the accused/ arrested persons:- Regarding
11. The Public Liability Insurance Act (Rules and Amendment), 1992. protection in respect of conviction for offence, Article 20 of the constitution, following are some important
12. The Biomedical Waste Management and Handling Rules, 1998. provision creating right a favour of the accused / arrested person.
13. The Environment (Siting for Industrial Projects) Rules, 1999.
14. The Municipal Solid Waste (Management and Handling) Rules, 2000.
1.No person shall be convicted of any offence excepts for violation of a law in force at the time of commission
15. The Ozone Depleting Substance (Regulation and Control) Rules, 2000.
of the act charged as an offence, nor be subjected to a penalty greater the that which might have been inflicted
16. The Biological Diversity Act 2002.
under the law in force at the time of the commission of the offence. 2. No person shall be prosecuted and
punished for the same offence more than once. 3. No person accused of any offence shall be compelled to be
Rights and Duties under the Indian Constitution
a witness against himself".
Rights and duties of man are inter-connected. Human Rights can not be attained unless man fulfils his duties.
The article 20 of the constitution of India provides three types of safeguard to the person accused of crimes m
The UN Declaration of Human Environment in 1972 has clearly brought on the balance between rights and
namely -1 protection against ex-post facto Law: II guarantee against double Jeopardy, and III Privilege against
duties. The general principles enunciated under the Declaration call for respect for nature, maintenance of
self incrimination.
genetic viability, protection and conservation of unique areas of the eco-system, etc. Indeed an ecological
interpretation of the provisions of the Constitution of India has become inoperative. Many provisions relating
Protection against ex postfact law article21 [1]:
to human rights are contained in Part III of Indian Constitution. These provisions consists of Art. 12 to 35. Some
Article 20[1] of the constitution contains two parts: 1 No person shall be convicted of any offence except for
of the important articles on human rights are :- Art 14 provides for equality before law, Art. 15 prohibits
violation of the law in force at the time of the commission of the act charged as an offence; 2 No person shall
discrimination based on religion, race, caste, sex or place of birth, Art. 16 provides for equality in public
be subject to penalty greater than that which might have been inflicted under the law in force at the time of
employment, Art 19 protects the right of freedom of speech Art. 21 provides protection of life and personal
the commission of the offence..
liberty. Art 25 to 28 ensure the right of freedom of religion. Art. 29 & 30 provide for cultural and educational
rights. Thus, the Indian constitution ensures the protection of life and liberty of individuals and groups.
Let us examines the other provisions in the Indian Constitution for the protection of environment. The Art 47 provides that
Doctrine of “guaranteeagainst double jeopardy” article 20[2]:
this is the duty of the state, to raise the level of nutrition and the standard of living and to improve public health, the state The expression 'Double Jeopardy' used in the American law, but not in our constitution, the term double
shall endeavor to bring about prohibition of the consumption except for medicinal purposes intoxicating drinks and of drugs jeopardy ' means exposé to loss or injury for double time.
which are injurious to health. Art. 48A provides that the state shall eneavour to protect and improve the environment and to
Pprohibition aginst self incrimination or testimonial compulsion article 20[3]
safeguard the forests and wildlife of the country. Article 20[3] provides that no person accused of any offence shall be compelled to be a witness against
Environmental law in the context of human rights presents a new vision and a new scenario for mankind. A himself.
new hope is born of creativity, harmony and human brotherhood. An environmental perspective of human Explaining the scope of this clause in M.P. Sharma v. Satish Chandra,5 the Supreme Court observed that this
rights reveals that global progress is assured for the twenty first century based on eco-management of national right embodies the following essentials:
and global society. Our Constitution provides for a balance between human rights and duties based on harmony (a) It is a right pertaining to a person who is “accused of an offence.”
with nature and harmony among people. (b) It is a protection against “compulsion to be a witness”
(c) It is a protection against such compulsion relating to his giving evidence “against himself.”

HUMAN RIGHTS OF ACCUSED PERSONS:

The accused in India are afforded certain rights, the most basic of which are found in the Indian Constitution. PROTECTION OR SAFEGUARD OR REMEDIES: ARTICLE-22
The general theory behind these rights is that the government has enormous resources available to it for the
prosecution of individuals, and individuals therefore are entitled to some protection from misuse of those Right to be informed of ground s of arrest: article 22[1]
powers by the government. An accused has certain rights during the course of any investigation; enquiry or Article 22 (1) of the Constitution provides that a person arrested for an offence under ordinary law be
trial of an offence with which he is charged and he should be protected against arbitrary or illegal arrest. informed as soon as may be the grounds of arrest
Police have a wide powers conferred on them to arrest any person under Cognizable offence without going to
Right to be defended by lawyer article 22[1]
magistrate, so Court should be vigilant to see that theses powers are not abused for lightly used for personal
benefits. No arrest can be made on mere suspicion or information. Even private person cannot follow and Right to be produced before magistrate: article 22[2]
arrest a person on the statement of another person, however impeachable it is.
Right to free legal aid article 39-a
The „right to counsel‟ would remain empty if the accused due to his poverty or indigent conditions has no
means to engage a counsel for his defence
Right of appeal British rule in India brought about many changes affecting the status of women. Female education, social
movements against the evils of sati system, prohibition of widow remarriage, and child marriages by great
social reformers increased the status of women. Many women’s organizations were formed and took up
Rights Of Arrested Person Under Crpc: various issues relating to women’s rights
1. Right to Silence: In independent India women’s movements were given due recognition leading to series of legislative and
2. Right to Know The Grounds of Arrest: judicial steps to provide, protect and promote human rights of women.
According to Section 50(1) Cr.P.C . “every police officer or other person arresting any person without warrant
shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds CONSTITUTIONAL RIGHTS:
for such arrest.” Women are provided with series of civil, political, social, economic and educational rights under the Indian
3. Information Regarding The Right To Be Released On Bail: Constitution. Article 14 provides for equality. Article 15(1) prohibits discrimination inter alia only on the basis
Section 50(2) Cr.P.C. provides that “where a police officer a rrests without warrant any person other than a of sex. Under Article 16(2), discrimination in respect of employment only on the basis of sex is not allowed.
person accused of a non- bailable offence, he shall inform the person arrested that he is entitled to be These provisions lay foundation for the legal equality of men and women in India.
released in bail that he may arrange for sureties on his.
In addition to providing equality, the Indian Constitution accords special status to women in certain areas.
4. Right To Be Taken Before A Magistrate Without Delay: Thus, Article 15(3) enables the State to make special provisions for women. This is in recognition of the fact
Section 56: Person arrested to be taken before Magistrate or officer in charge of police station- A police that women in India have been under subjugation for centuries and require special protection so as to
officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions empower them and make them effectively equal with men.
herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the Reservation for women in local self-governing bodies and other bodies, concessions in tax for women
case, or before the officer in charge of a police station. entrepreneurs, reservation in employments and educational institutions, etc. are based on this provision.

5. Right Of Not Being Detained For More Than 24 Hours Without Judicial Scrutiny: The Directive Principles of State Policy laid down in Part-IV of the Constitution also provide some human
Section 57: Person arrested not to be detained more than twenty-four hours- No police officer shall detain in rights to women. Article 39 provides three specific rights to women. Clause (a) says that the citizen, men and
custody a person arrested without warrant for a longer period than under all the circumstances of the case is women equally, have the right to an adequate means of livelihood.
reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167, Clause (d) mandates that there is equal pay for equal work for, both men and women. Clause (e) states that
exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the the health and strength of workers, men and women and the tender age of children are not abused and that
Magistrate’s Court. citizens are not forced by economic necessity to enter avocation unsuited to their age or strength. Further
6. Right To Be Examined By A Medical Practitioner: Article 41 says that the State shall make effective provision for securing the right to work, to education and to
Section 54. Examination of arrested person by medical practitioner at the request of the arrested person: public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of
When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced undeserved want.
before a Magistrate or at any time during the period of his detention in custody that the examination of his Article 42 directs the State to secure just and humane conditions of work and for maternity relief. Article 43
body will afford evidence which will disprove the commission by him of any offence or which will establish asks the State to strive to provide living wages and a decent standard of life.
the commission by any other person of any offence against his body, the Magistrate shall, if requested by the
arrested person so to do direct the examination of the body of such person by a registered medical Under the chapter on Fundamental Duties, Article 51-A (e) imposes the duty to promote harmony and the
practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional
for defeating the ends of justice. or sectional diversities; to renounce practices derogatory to the dignity of women.

RIGHTS PROTECTED UNDER CRIMINAL LAW:

HUMAN RIGHTS OF WOMEN : Special protective provisions are made in the Indian Penal Code to protect and promote human rights of the
INTRODUCTION: women in India. Important ones are as follows:
India is a country where woman is held in high esteem. “Mathru Devobhava” is the socio-cultural tenet that is Causing Miscarriage: “Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be
accepted uniformly at all times in this country. During Vedic period women enjoyed a considerable amount of not caused in good faith for the purpose of saving life of the woman, be punished with imprisonment of
freedom and are treated as equal with men. But in the Post-Vedic period the status of women deteriorated. either description for a term which may extend to three years, or with fine, or with both and if the woman be
In the Smritic era, Manu accorded inferior status to women. The period that followed reduced women to an quick with child, shall be punished with imprisonment of either description for a term which may extend to
insignificant position. seven years, and shall also be liable to fine.”
During the medieval period the position of women worsened. Muslim invasion brought the purdha system Outraging the Modesty of woman: Section 354 of IPC imposes punishment of up to two years imprisonment
and seclusion of women. Girl child was taken as a liability leading to the practices of child marriage, and fine for assaulting or using criminal force against any woman with an intention to outrage her modesty.
prohibition of widow remarriage and sati. With the practice of polygamy, limited access to education, Kidnapping from Lawful Guardianship: Under Section 361 of IPC kidnapping of minors is prohibited. The
restricting women to household functions, child marriages, restriction of widows, sale of girls for marriages, object of this section is to protect children of tender age from being abducted or seduced for improper
etc. the status of women further deteriorated. purposes
Kidnapping to compel Marriage: If a woman is kidnapped or abducted to compel her to marry any person Women Prevention Act, 1986 Dowry Prohibition Act, 1961 have been passed in addition to amending the
against her will or seduced to have illicit intercourse, person committing such person is punished with a criminal law making the punishment for sexual offences more severe.
maximum of ten years imprisonment and fine.
Importing Girls: Importing girls below the age of twenty-one years for illicit intercourse is also punishable INTERNATIONAL ASPECTS:
with imprisonment, which may extend to ten years. Declaration on Elimination of Discrimination against Women, 1967: It consolidates fundamental principles
Selling Minors for Prostitution: Selling and buying minor girls for the purpose of prostitution is punishable found in other basic documents, including the United Nations Charter, the Universal Declaration of Human
with a maximum of ten years imprisonment under Section 372 & 373 of IPC. Rights, and the International Covenants on Human Rights. It reaffirms the need to advance the status of
Cohabitation by Deceit: Punishment of ten years imprisonment is prescribed for those who deceive women women in family life, social, political, economic and cultural affairs at the national and international level. It
to have sexual intercourse with them by acting as their husbands. lays down the following principles:
1. That discrimination against women, denying or limiting as it does their equality of rights with men, is
Enticing or taking a Married Woman: Under Section 498, a person taking or enticing a married woman for fundamentally unjust and constitutes an offense against human dignity.
illicit intercourse is punishable with imprisonment of two years. 2. Women shall have the same rights as men as to nationality.
Insulting the Modesty: Insulting the modesty of a woman by word, sound, gesture, exhibition of any object, 3. All provisions of Penal Codes, which constitute discrimination against women, shall be repealed.
etc. is an offense punishable with one year’s imprisonment under Section 509 of IPC. 4. All appropriate measures, including legislation shall be taken to combat all forms of traffic in women and
prostitution.
Criminal Procedure Code: There are various sections in the Cr. P.C. that provide special protection to women. 5. All states shall implement the principle of equality of rights between men and women in accordance with
Under Section 51(2), when an accused is a woman, another woman should make search with strict regard to the U. N. Charter and the Universal Declaration of Human Rights.
decency. If the accused hides in the house of a female who according to the custom does not appear in the
public, the police cannot enter the house or break it open unless notice is given to such female to withdraw The Convention on the Elimination of all forms of Discrimination against Women (CEDAW): Its main object is
and give her reasonable facility to withdraw herself. Section 160(2) protects women, saying that no woman to bring equality between men and women by eliminating all forms of discrimination against women. The
shall be required to attend any place other than the place in which she resides. Hence a police officer cannot rights recognized under this Convention are as follows:
require attendance of a woman, but on the contrary he has to go to the place where she resides for making
the investigation. Under Section 53(2), when a person to be examined medically is female, then examination 1. Right to vote, elect, to be elected and hold offices at all levels of Government along with the right to
shall be made only by or under the supervision of female registered medical practitioner. When a complaint participate in formulation of Government policy.
is made on oath that woman or female child under eighteen years has been abducted or unlawfully detained 2. The opportunity to represent their country at international level and to participate in international
for an unlawful purpose, a District Magistrate or Magistrate of First Class may make order for immediate organizations.
restoration of such woman to her liberty. Maintenance of up to five hundred rupees can be awarded under 3. Equal right to acquire, change and retain nationality.
Section 125 to the woman separated from her husband for his negligence or refusal to maintain her when 4. Equal access to educational opportunity and elimination of stereotyping in education and textbooks.
she is unable to maintain herself. Under Section 416, if a woman, sentenced to death is found to be pregnant, 5. Equal right to employment, choice of profession, remuneration, and social security.
the High Court shall order the execution to be postponed, and may, if it thinks fit, commute the sentence to 6. Guarantee of same legal capacity as men to contract, administer property, and appear in court or before
imprisonment for life. tribunals.
7. Freedom of movement and right to choose residence and domicile should be granted to women.
All these provisions of criminal law are aimed at providing special protection to women keeping in view their 8. Contractual and other private restriction on legal capacity of women shall be declared null and void.
fragile nature and natural and biological conditions as also the social conditions. 9. Equal rights and responsibilities with men in marriage and family relationship.
10. Equality during marriage and its dissolution.
RIGHTS UNDER OTHER LAWS : 11. Equal rights to choose to family name, profession or occupation.
The ideals of equality and dignity enshrined in the Constitution were sought to be realized by making series of 12. Equal rights to guardianship
laws and bringing amendments to the existing ones. Introducing monogamy strengthens the institution of
marriage. But this has not been extended to the Muslims. CONCLUSION:
Daughter, widow and mother were given the right to inherit property along with son under Hindu Efforts are on across the globe to provide, protect and promote human rights for women. Several measures
Succession Act. Under the Hindu Adoption and Maintenance Act, 1956, consent of wife for adoption of a child have been taken in India in this regard including the rights granted under the Constitution, criminal law,
by married man, right to adopt a child by woman and the right to claim maintenance after separation are labour laws and other social welfare legislations. But the events like the Jammu & Kashmir Bill and the
some of the additional measures taken to support the women. Supreme Court verdict in Christian Community case as well as the defects in the Domestic Violence Bill reflect
A woman is entitled to appoint a guardian at will under the Hindu Minority and Guardianship Act, 1956. the age-old male dominance.
Under the labour laws, women were giver various rights such as right to minimum wages under the Minimum
Wages Act, 1948; maternity leave and benefits under the Maternity Benefits Act, 1961; right not to be placed The time to fight for their rights is not yet over for the women.
on night work and the work not suited to their health under the Factories Act, 1948; right to get equal pay
under the Equal Remuneration Act, 1976. With the objective of protecting the women from sexual
exploitation, separate laws such as Immoral Traffic Prevention Act, 1986 and Indecent Representation of
 · Article 39(e) provides that the shall, in particular, direct its policy towards securing that the health and
strength of workers, men and women, and the tender age of children are not abused and that citizens are not
HUMAN RIGHTS OF CHILDREN: forced by economic necessity to enter avocations unsuited to their age or strength.
Legal Definition of Child: · Article 39(f) provides that the shall, in particular, direct its policy towards securing that children are given
The term ‘Child’ is not de fined in the Indian Constitution. According to Article 1 of the United Nations Convention on opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that
the Rights of the Child 1989, ‘a child means every human being below the age of eighteen years unless, under the law childhood and youth are protected against exploitation and against moral and material abandonment.
applicable to the child, majority is attained earlier’. · Article 45 provides that the State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years.
United Nations Convention on the Rights of the Child (CRC) · Article 47 provides that the State shall regard the raising of the level of nutrition and the standard of living
of its people and the improvement of public health as among its primary duties.
The United Nations Convention on the Rights of the Child (UNCRC) is a comprehensive, internationally
· Article 51A(k) provides that it shall be the duty of every citizen of India who is a parent or guardian to
binding agreement on the rights of children, adopted by the UN General Assembly in 1989. It incorporates provide opportunities for education to his child or, as the case may be, ward between the age of six and
children's civil and political rights (like their treatment under the law), social, economic and cultural rights fourteen years.
(like an adequate standard of living) & protection rights (from abuse and exploitation). A child is defined in
the UNCRC as a person under the age of 18 years. Other Legislations:
There are four main sections to the UNCRC: Apart from the Constitution there are a number of legislations which deals with children. The following are
some of them:
the Preamble, which sets out the major unde rlying principles of the UNCRC and provides a context for it, the The Guardian and Wards Act 1890
substantive articles, which set out the rights of all children and the obligations of governments (Pa rt I, This Act deals with the qualifications, appointment & removal of guardians of children by the courts & is
Articles 1-41), the implementation provisions, which define how compliance with the UNCRC is to be applicable to all children irrespective of their religion.
monitored and fostered (Part II, Articles 42-45) and the conditions under which the UNCRC comes into force
(Part III, Articles 46-54). The Child Marriage Restraint Act 1929
This Act as amended in 1979 restraints the solemnization of child marriages by laying down the minimum age
General Principles for both boys & girls. This law is applicable to all communities irrespective of their religion.
Within the UNCRC, four articles are afforded special emphasis, as they are basic to the implementation of all
other rights. These four articles are often referred to as 'general principles'. These are: that all the rights The Orphanages and Other Charitable Homes (Supervision And Control) Act 1960
guaranteed by the UNCRC must be available to all children without discrimination of any kind (Article 2); that This Act provides for the supervision and control of orphanages and homes for children.
the be st interests of the child must be a primary consideration in all actions concerning children (Article 3);
that every child has the right to life, survival and development (Article 6); and that the child’s view must be The Child Labour (Prohibition And Regulation) Act 1986
considered and taken into account in all matters affecting him or her (Article 12). This Act prohibits the engagement of children in certain employment & regulates the conditions of work of
children in certain other employment.
Constitutional Provisions relating to Children
The framers of our Constitution were well kno wn of the fact the development of the nation can be achieved The Juvenile Justice (Care and Protection of Children) Act 2000
by the development of the children of the nation & it is necessary to protect the children from exploitation as This Act deals with the law relating to juveniles in conflict with law & children in need of care & protection, by
well. The following are the provisions of the Indian Constitution relating to children: providing for proper care, protection & treatment by catering to their development needs & by adopting a
· Article 14 provides that the State shall not deny to any person equality before the law or the equal child friendly approach in the adjudication & disposition of matters in the best interest of children & for their
protection of the laws within the territory of India. ultimate rehabilitation through various institutions established under the Act.
· Article 15(3) provides that Nothing in this article shall prevent the State from making any special provision
for women and children. Policies of the Government regarding Children
· Article 21 provides that no person shall be deprived of his life or personal liberty except according to The Government of India has made a number of policies regarding the physical, mental & social development
procedure established by law. of the children of the country. The Government has also made many policies on the health & education of the
· Article 21A provides that the State shall provide free and compulsory education to all children of the age of children. The following are some of the important policies of the Government regarding children:
six to fourteen years in such manner as the State may, by law, determine. · National Policy for Children, 1974
· Article 23(1) provides that traffic in human beings and beggar and other similar forms of forced labour are · National Policy on Education, 1986
prohibited and any contravention of this provision shall be an offence punishable in accordance with law. · National Policy on Child Labour, 1987
· Article 24 provides that no child below the age of fourteen years shall be employed to work in any factory or The National Policy on Child Labour is a landmark endeavour in the progressive elimination of child labour in
mine or engaged in any other hazardous employment. India.The policy encompasses actions in the field of education, health, nutrition, integrated child
· Article 29(2) provides that no citizen shall be denied admission into any educational institution maintained development & employment.
by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of · National Health Policy ,2002
them.
The first policy on health, 1983 aimed at achieving ‘health for all by the year 2000 ’. The second policy on
health, 2002 envisages giving priority to school health problems which aimed at health education & regular UNIT-IV
health checkups at schools. The principle feature of this policy was to prevent communicable diseases like
HIV/AIDS &to provide for universal immunization of children against all major preventable disease.
THE PROTECTION OF HUMAN RIGHTS ACT, 1993
Judicial Decisions:
PRELIMINARY
M.C. Mehta Vs. State of Tamil Nadu and Others AIR 1991 SC 417
1. Short title, extent and commencement
In this case, Indian activist plaintiff M.C. Mehta sued the state of Tamil Nadu to improve the working
(1) This Act may be called the Protection of Human Rights Act, 1993.*
conditions for children and to provide children rescued from hazardous labor with an education. The Hon’ble
(2) It extends to the whole of India.
Supreme Court issued a landmark ruling that the Indian Constitution (Article 24) requires the state to
Provided that it shall apply to the State of Jammu and Kashmir only in so far as it pertains to the matters
endeavor to provide a free, compulsory education for children. The Court found that children under the age
relatable to any of the entries enumerated in List I or List lll in the Seventh Schedule to the Constitution as
of 14 could not be engaged in hazardous employment, and ordered the government to establish and
applicable to that State.
maintain a child labor rehabilitation welfare fund. Employers that violated child labor laws would be required
(3) It shall be deemed to have come into force on the 28th day of September, 1993.
to make a deposit into the fund; the government would also be required to offer the parent of each child
2. Definitions
engaged in hazardous employment a job, or else make a deposit into the fund.
(1) In this Act, unless the context otherwise requires-
(a) “Armed forces” means the naval, military and air forces and includes any other armed forces of the Union;
Bandhua Mukti Morcha Vs. Union of India and others AIR 1984 SC 802
(b) “Chairperson” means the Chairperson of the Commission or of the State Commission, as the case may be;
In this case, the Supreme Court held "Therefore, whenever it is shown that the labourer is made to provide
(c) “Commission” means the National Human Rights Commission under section 3;
forced labour, the Court would raise a presumption that he is required to do so in consideration of an
(d) “human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed
advance or other economic consideration received by him and he is, therefore, a bonded labour. This
by the Constitution or embodied in the International Covenants and enforceable by courts in India.
presumption may be rebutted by the employer and also by the State Government if it so chooses but unless
(e) “Human Rights Court” means the Human Rights Court specified under section 30;
and until satisfactory material is provided for rebutting this presumption, the Court must proceed on the
(f) “International Covenants” means the International Covenant on Civil and Political Rights and the
basis that the labourer is a bonded labourer entitled to the benefit of provisions of the Act. The State
International Covenant on Economic, Social and Cultural rights adopted by the General Assembly of the
Government cannot be permitted to repudiate its obligation to identify, release and rehabilitate the bonded
United Nations on the 16th Amended vide Protection of Human Rights (Amendment) Act, 2006 (No. 43 of
labourers on the plea that though the concerned labourers may be providing forced labour, the State
2006). December, 1966 [and such other Covenant or Convention adopted by the General Assembly of the
Government does not owe any obligation to them unless and until they show in an appropriate legal
United Nations as the Central Government may, by notification, specify”] ;
proceeding conducted according to the rules of adversary system of justice, that they are bonded labourers."
(g) “Member” means a Member of the Commission or of the State Commission, as the case may be;
J.P.Unnikrishnan & Others Vs. State of Andhra Pradesh & Others AIR 1993 SC 2178
(h) “National Commission for Minorities” means the National Commission for Minorities constituted under
In this case, the Supreme Court held that citizens of this country have the fundamental right to education and
section 3 of the National Commission for
the said right flows from Article 21 of the Constitution. This right is, however, not an absolute right. Every
Minorities Act, 1992;
child/citizen of this country has the right to free education until he completes the age of fourteen years.
(i) “National Commission for the Scheduled Castes” means the National Commission for the Scheduled Castes
Thereafter, his right to education is subject to limits of the economic capacity and development of the State.
referred to in Article 338 of the Constitution1;
(ia) “National Commission for the Scheduled Tribes” means the National Commission for the Scheduled
Tribes referred to in Article 338A of the Constitution ;
(j) “National Commission for Women” means the National Commission for Women constituted under section
3 of the National Commission for Women
Act, 1990;
(k) “Notification” means a notification published in the official Gazette;
(l) “Prescribed” means prescribed by rules made under this Act;
(m) “Public servant” shall have the meaning assigned to it in section 21 of the Indian Penal Code;
(n) “State Commission” means a State Human Rights Commission constituted under section 21.

CHAPTER II
THE NATIONAL HUMAN RIGHTS COMMISSION
3. Constitution of a National Human Rights Commission
(1) The Central Government shall constitute a body to be known as the National Human Rights Commission to
exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.
(2) The Commission shall consist of:
(a) a Chairperson who has been a Chief Justice of the Supreme Court;
(b) one Member who is or has been, a Judge of the Supreme Court;
(c) one Member who is, or has been, the Chief Justice of a High Court; Provided that no Member shall hold office after he has attained the age of seventy years.
(d) two Members to be appointed from amongst persons having knowledge of, or practical experience in, (3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the
matters relating to human rights. Government of India or under the Government of any State.
(3) The Chairperson of the National Commission for Minorities, [the National Commission for the Scheduled 7. Member to act as Chairperson or to discharge his functions in certain circumstances
Castes, the National Commission for the Scheduled Tribes] and the National Commission for Women shall be (1) In the event of the occurrence of any vacancy in the office of President may, by notification, authorise one
deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
section 12. (2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such
(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and shall one of the Members as the President may, by notification, authorise in this behalf, shall discharge the
exercise such powers and discharge such functions of the Commission2 [except judicial functions and the functions of the Chairperson until the date on which the Chairperson resumes his duties.
power to make regulations under section 40 B], as may be delegated to him by the Commission or the
Chairperson as the case may be. 8. Terms and conditions of service of Chairperson and Members
(5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous The salaries and allowances payable to, and other terms and conditions of service of, the [Chairperson and]
approval of the Central Government, establish offices at other places in India. Members shall be such as may be prescribed.
4. Appointment of Chairperson and other Members Provided that neither the salary and allowances nor the other terms and conditions of service of [the
(1) The Chairperson and [the Members]1 shall be appointed by the Chairperson or] a Member shall be varied to his disadvantage after his appointment.]
President by warrant under his hand and seal; 9. Vacancies, etc., not to invalidate the proceedings of the
Provided that every appointment under this sub-section shall be made after obtaining the recommendations Commission
of a Committee consisting of– No act or proceedings of the Commission shall be questioned or shall
(a) The Prime Minister — Chairperson be invalidated merely on the ground of existence of any vacancy or defect
(b) Speaker of the House of the People — Member in the constitution of the Commission.
(c) Minister in-charge of the Ministry of Home Affairs in the Government of India — Member 10. Procedure to be regulated by the Commission
(d) Leader of the Opposition in the House of the People — Member (1) The Commission shall meet at such time and place as the Chairperson may think fit.
(e) Leader of the Opposition in the Council of States — Member (2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have the power
(f) Deputy Chairman of the Council of States — Member to lay down by regulations its own procedure.
Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be (3) All orders and decisions of the Commission shall be authenticated by the Secretary-General or any other
appointed except after consultation with the Chief Justice of India. officer of the Commission duly authorised by the Chairperson in this behalf.
(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any [vacancy of any 11. Officers and other staff of the Commission
member in the Committee referred to in the first proviso to sub-section (1)] (1) The Central Government shall make available to the Commission:
(a) an officer of the rank of the Secretary to the Government of India who shall be the Secretary-General of
5. Resignation and removal of Chairperson and Members3 the Commission; and
(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of (b) such police and investigative staff under an officer not below the rank of a Director General of Police and
India, resign his office. such other officers and staff as may be necessary for the efficient performance of the functions of the
(2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from Commission.
his office by order of the President of India on the ground of proved misbehaviour or incapacity after the (2) Subject to such rules as may be made by the Central Government in this behalf, the Commission may
Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the appoint such other administrative, technical and scientific staff as it may consider necessary.
procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as (3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-
the case may be, ought on any such ground to be removed. section (2) shall be such as may be prescribed.
(3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the CHAPTER III
Chairperson or any Member if the Chairperson or such Member, as the case may be– FUNCTIONS AND POWERS OF THE COMMISSION
(a) is adjudged an insolvent; or 12. Functions of the Commission
(b) engages during his term of office in any paid employment outsidethe duties of his office; or The Commission shall perform all or any of the following functions, namely:-
(c) is unfit to continue in office by reason of infirmity of mind or body; or (a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf [or on a direction
(d) is of unsound mind and stands so declared by a competent court; or or order of any court]1, into complaint of
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves (i) violation of human rights or abetment thereof; or
moral turpitude. (ii) negligence in the prevention of such violation, by a public servant;
6. Term of office of Chairperson and Members (b) intervene in any proceeding involving any allegation of violation of human rights pending before a court
(1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he with the approval of such court;
enters upon his office or until he attains the age of seventy years, whichever is earlier. (c)2 visit, notwithstanding anything contained in any other law for the time being in force, any jail or other
(2) A person appointed as a Member shall hold office for a term of five years from the date on which he institution under the control of the State Government, where persons are detained or lodged for purposes of
enters upon his office and shall be eligible for re-appointment for another term of five years.
treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make (6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer any
recommendations thereon to the Government; complaint filed or pending before it to the State Commission of the State from which the complaint arises, for
(d) review the safeguards provided by or under the Constitution or any law for the time being in force for the disposal in accordance with the provisions of this Act;
protection of human rights and recommend measures for their effective implementation; Provided that no such complaint shall be transferred unless the same is one respecting which the State
(e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend Commission has jurisdiction to entertain the same.
appropriate remedial measures; (7) Every complaint transferred under sub-section(6) shall be dealt with and disposed of by the State
(f) study treaties and other international instruments on human rights and make recommendations for their Commission as if it were a complaint initially filed before it.
effective implementation; 14. Investigation
(g) undertake and promote research in the field of human rights; (1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the
(h) spread human rights literacy among various sections of society and promote awareness of the safeguards services of any officer or investigation agency of the Central Government or any State Government with the
available for the protection of these rights through publications, the media, seminars and other available concurrence of the Central Government or the State Government, as the case may be.
means; (2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose
(i) encourage the efforts of non-governmental organisations and institutions working in the field of human services are utilised under subsection
rights; (1) may, subject to the direction and control of the Commission:-
(j) such other functions as it may consider necessary for the protection of human rights. (a) summon and enforce the attendance of any person and examine him;
13. Powers relating to inquiries (b) require the discovery and production of any document; and
(1) The Commission shall, while inquiring into complaints under this Act, have all the powers of a civil court (c) requisition any public record or copy thereof from any office.
trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters, (3) The provisions of section 15 shall apply in relation to any statement made by a person before any officer
namely : or agency whose services are utilised under sub-section (1) as they apply in relation to any statement made
(a) summoning and enforcing the attendance of witnesses and examining them on oath; by a person in the course of giving evidence before the Commission.
(b) discovery and production of any document; (4) The officer or agency whose services are utilised under subsection
(c) receiving evidence on affidavits; (1) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission
(d) requisitioning any public record or copy thereof from any court or office; within such period as may be specified by the Commission in this behalf.
(e) issuing commissions for the examination of witnesses or documents; (5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any,
(f) any other matter which may be prescribed. arrived at in the report submitted to it under sub-section (4) and for this purpose the Commission may make
(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by such inquiry (including the examination of the person or persons who conducted or assisted in the
that person under any law for the time being in force, to furnish information on such points or matters as, in investigation) as it thinks fit.
the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any 15. Statement made by persons to the Commission
person so required shall be deemed No statement made by a person in the course of giving evidence before the Commission shall subject him to,
to be legally bound to furnish such information within the meaning of section or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by
176 and section 177 of the Indian Penal Code. such statement:
(3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this Provided that the statement:-
behalf by the Commission may enter any building or place where the Commission has reason to believe that (a) is made in reply to the question which he is required by the Commission to answer; or
any document relating to the subject matter of the inquiry may be found, and may seize any such document (b) is relevant to the subject matter of the inquiry.
or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal 16. Persons likely to be prejudicially affected to be heard
Procedure, If, at any stage of the inquiry, the Commission:-
1973, in so far as it may be applicable. (a) considers it necessary to inquire into the conduct of any person; or
(4) The Commission shall be deemed to be a civil court and when any offence as is described in section 175, (b) is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry; it
section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in
presence of the Commission, the Commission may, after recording the facts constituting the offence and the his defence:
statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a Provided that nothing in this section shall apply where the credit of a witness is being impeached.
Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall
proceed to hear the complaint against the accused as if the case has been forwarded to him under section CHAPTER IV
346 of the Code of Criminal Procedure, 1973. PROCEDURE
(5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning 17. Inquiry into complaints
of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Commission The Commission while inquiring into the complaints of violations of human rights may–
shall be deemed to be a civil court for all the purposes of section 195 and (i) call for information or report from the Central Government or any State Government or any other
Chapter XXVI of the Code of Criminal Procedure, 1973. authority or organisation subordinate thereto within such time as may be specified by it:-
Provided that–
(a) if the information or report is not received within the time stipulated by the Commission, it may proceed Government and to the State Government concerned and may at any time submit special reports on any
to inquire into the complaint on its own; matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of
(b) if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required the annual report.
or that the required action has been initiated or taken by the concerned (2) The Central Government and the State Government, as the case may be, shall cause the annual and
Government or authority, it may not proceed with the complaint and inform the complainant accordingly; special reports of the Commission to be laid before each House of Parliament or the State Legislature
(ii) without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the
of the complaint, initiate an inquiry. recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.
18. Steps during and after inquiry CHAPTER V
[The Commission may take any of the following steps during or upon the completion of an inquiry held under STATE HUMAN RIGHTS
this Act, namely:- COMMISSIONS
(a) where the inquiry discloses the commission of violation of human rights or negligence in the prevention of 21. Constitution of State Human Rights Commissions
violation of human rights or abetment thereof by a public servant, it may recommend to the concerned (1) A State Government may constitute a body to be known as the ....................... (name of the State) Human
Government or authority – Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, a State
(i) to make payment of compensation or damages to the complainant or to the victim or the members of his Commission under this chapter.
family as the Commission may consider necessary; (2)1 [The State Commission shall, with effect from such date as the State Government may by notification
(ii) to initiate proceedings for prosecution or such other suitable action as the Commission may deem fit specify, consist of—
against the concerned person or persons; (a) a Chairperson who has been a Chief Justice of a High Court;
(iii) to take such further action as it may think fit; (b) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a minimum of
(b) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that seven years’ experience as District Judge;
Court may deem necessary; (c) one Member to be appointed from amongst persons having knowledge of, or practical experience in,
(c) recommend to the concerned Government or authority at any stage of the inquiry for the grant of such matters relating to human rights.]1
immediate interim relief to the victim or the members of his family as the Commission may consider (3) There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and shall
necessary; exercise such powers and discharge such functions of the State Commission as it may delegate to him.
(d) subject to the provisions of clause (e), provide a copy of the inquiry report to the petitioner or his (4) The headquarters of the State Commission shall be at such place as the State Government may, by
representative; notification, specify.
(e) the Commission shall send a copy of its inquiry report together with its recommendations to the (5) A State Commission may inquire into violation of human rights only in respect of matters relatable to any
concerned Government or authority and the concerned Government or authority shall, within a period of one of the entries enumerated in List II and List lll in the Seventh Schedule to the Constitution:
month, or such further time as the Commission may allow, forward its comments on the report, including the Provided that if any such matter is already being inquired into by the Commission or any other Commission
action taken or proposed to be taken thereon, duly constituted under any law for the time being in force, the State Commission shall not inquire into the
to the Commission; said matter:
(f) the Commission shall publish its inquiry report together with the comments of the concerned Government Provided further that in relation to the Jammu and Kashmir Human Rights Commission, this sub-section shall
or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority have effect as if for the words and figures “List ll and List lll in the Seventh Schedule to the Constitution”, the
on the recommendations of the Commission. words and figures “List lll in the Seventh Schedule to the Constitution as applicable to the State of Jammu and
Kashmir and in respect of matters in relation to which the Legislature of that State has power to make laws”
had been substituted.
19. Procedure with respect to armed forces (6) [Two or more State Governments may, with the consent of a Chairperson or Member of a State
(1) Notwithstanding anything contained in this Act, while dealing with complaints of violation of human rights Commission, appoint such Chairperson or, as the case may be, such Member of another State Commission
by members of the armed forces, the Commission shall adopt the following procedure, namely :- simultaneously if such Chairperson or Member consents to such appointment:
(a) it may, either on its own motion or on receipt of a petition, seek a report from the Central Government; Provided that every appointment made under this sub-section shall be made after obtaining the
(b) after the receipt of the report, it may, either not proceed with the complaint or, as the case may be, make recommendations of the Committee referred to in sub-section(1) of section 22 in respect of the State for
its recommendations to that Government. which a common Chairperson or Member, or both, as the case may be, is to be
(2) The Central Government shall inform the Commission of the action taken on the recommendations within appointed.]
three months or such further time as the Commission may allow. 22. Appointment of Chairperson and Members of State Commission
(3) The Commission shall publish its report together with its recommendations made to the Central (1) The Chairperson and [Members]2 shall be appointed by the Governor by warrant under his hand and seal:
Government and the action taken by that Government on such recommendations. Provided that every appointment under this sub-section shall be made after obtaining the recommendation
(4) The Commission shall provide a copy of the report published under sub-section (3) to the petitioner or his of a Committee consisting of
representative. (a) the Chief Minister — Chairperson
20. Annual and special reports of the Commission (b) Speaker of the Legislative Assembly — Member
(1) The Commission shall submit an annual report to the Central (c) Minister in-charge of the Department of Home, in that State — Member
(d) Leader of the Opposition in the Legislative Assembly — Member
Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the (2) subject to such rules as may be made by the State Government in this behalf, the State Commission may
Leader of the Opposition in that Council shall also be members of the Committee. appoint such other addministrative, technical and scientific staff as it may consider necessary.
Provided also that no sitting Judge of a High Court or a sitting District Judge shall be appointed except after (3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-
consultation with the Chief Justice of the High Court of the concerned State. section (2) shall be such as may be prescribed by the State Government.
(2) No appointment of a Chairperson or a Member of the State Commission shall be invalid merely by reason 28. Annual and special reports of State Commission
of [any vacancy of any Member in the Committee referred to in sub-section(1) (1) The State Commission shall submit an annual report to the State Government and may at any time submit
23. [Resignation and Removal of Chairperson or a Member of the State Commission]2 special reports on any matter which, in its opinion, is of such urgency or importance that it should not be
(1) The Chairperson or a Member of a State Commission may, by notice in writing under his hand addressed deferred till submission of the annual report.
to the Governor, resign his office (2) The State Government shall cause the annual and special reports of the State Commission to be laid
(1A) Subject to the provisions of sub-section (2), the Chairperson or any Member of the State Commission before each House of State Legislature where it consists of two Houses, or where such Legislature consists of
shall only be removed from his office by order of the President on the ground of proved misbehaviour or one House, before that House along with a memorandum of action taken or proposed to be taken on the
incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in recommendations of the State Commission and the reasons for non-acceptance of the recommendations, if
accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the any.
Chairperson or such Member, as the case may be, ought on any such ground to be removed.] CHAPTER VI
(2) Notwithstanding anything in sub-section (1A), the President may by order remove from office the HUMAN RIGHTS COURTS
Chairperson or any [Member]4 if the Chairperson or such [Member]5, as the case may be – 30. For the purpose of providing speedy trial of offences arising out of violation of human rights, the State
(a) is adjudged an insolvent; or Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each
(b) engages during his term of office in any paid employment outside the duties of his office; or district a Court of Session to be a Human Rights Court to try the said offences.
(c) is unfit to continue in office by reason of infirmity of mind or body; or Provided that nothing in this section shall apply if
(d) is of unsound mind and stands so declared by a competent court; or (a) a Court of Session is already specified as a special court; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves (b) a special court is already constituted, for such offences under any other law for the time being in force.
moral turpitude. 31. Special Public Prosecutor
24. Term of office of [Chairperson and]1 Members of the State Commission For every Human Rights Court, the State Government shall, by notification, specify a Public Prosecutor or
(1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public
enters upon his office or until he attains the age of seventy years, whichever is earlier; Prosecutor for the purpose of conducting cases in that Court.
(2) A person appointed as a Member shall hold office for a term of five years from the date on which he
enters upon his office and shall be eligible for re-appointment for another term of five years;
Provided that no Member shall hold office after he has attained the age of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the
Government of a State or under the Government of India.
25. Member to act as Chairperson or to discharge his functions in certain circumstances
(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death,
resignation or otherwise, the Governor may, by notification, authorise one of the Members to act as the
Chairperson until the appointment of a new Chairperson to fill such
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such
one of the Members as the Governor may, by notification, authorise in this behalf, shall discharge the
functions of the Chairperson until the date on which the Chairperson resumes his duties.
26. [Terms and conditions of service of Chairperson and Members of the State Commissions
The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and
Members shall be such as may be prescribed by the State Government;
Provided that neither the salary and allowances nor the other terms and conditions of service of the
Chairperson or a Member shall be varied to his disadvantage after his appointment.]1
27. Officers and other staff of the State Commission
(1) The State Government shall make available to the Commission
(a) an officer not below the rank of a Secretary to the State Government who shall be the Secretary of the
State Commission; and
(b) such police and investigative staff under an officer not below the rank of an Inspector General of Police
and such other officers and staff as may be necessary for the efficient performance of the functions of the
State Commission.