(D) Ability Enhancement (Skill Based)

1. Your Laws, Your Rights

Course objective: More often than not, when we talk of laws we mean authoritatively
sanctioned rules, which are considered essential for a well-ordered society. Yet laws in a
democracy are also about constituting a society marked by equality, freedom, and dignity.
The rights approach to law has assumed importance in democracies, precisely because of
people’s struggles to broaden the understanding of law as something which reflects the will
of the people. As such law becomes an important source of rights and duties, which develop
and strengthen alongside institutions of representative democracy, constitutional norms, and
the rule of law. This course aims to understand law as a source of rights, as a progressively
widening sphere of substantive justice, welfare, and dignity. This relationship between laws
and rights will be studied through specific values which have come to be seen as integral
for a democratic society viz., equality and non-discrimination, empowerment, redistribution
and recognition of traditional rights etc.

I. Rule of law and the Criminal Justice System in India (1 week)

II. Laws relating to criminal justice administration (2 weeks)

a. How to file a complaint, First Information Report (FIR)
b. Detention, arrest and bail

III. Equality and non-discrimination (4 weeks)

a. Gender: the protection of women against domestic violence, rape and sexual harassment
b. Caste: laws abolishing untouchability and providing protection against atrocities
c. Class: laws concerning minimum wages
d. Disability and equality of participation and opportunity

IV. Empowerment (2weeks)

a. Access to information
b. Rights of the consumer

V. Redistribution, recognition and livelihood (2 weeks)

a. Traditional rights of forest dwellers and the issue of women’s property rights
b. Rural employment guarantee

VI. Access to Identification documents and Social Security Schemes (1 week /

exercises only)
Familiarise yourself with the following: Procedure for obtaining an Election
Commission of India Identity Card, Driving license, Ration Card, Rashtriya
Swasthya Bima Yojna, Old Age Pension Scheme.

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 READINGS

I. Rule of law and the Criminal Justice System in India

Essential Readings:
A. Andrew, (1996) ‘Arbitrary Government and the Rule of Law’, in Arguing About the
Law, An Introduction to Legal Philosophy, Wordsworth, Boston., pp.3-19.

SAHRDC, (2006) ‘Criminal Procedure and Human Rights in India’ in Oxford Handbook of
Human Rights and Criminal Justice in India- The system and Procedure, New Delhi:
Oxford University Press, pp.5-15.

K. Sankaran and U. Singh, (2008) ‘Introduction’, in Towards Legal Literacy. New

Delhi: Oxford University Press, pp. xi – xv.

II. Laws relating to criminal justice administration

Essential Readings:
B. Pandey, (2008) ‘Laws Relating to Criminal Justice: Challenges and Prospects’, in K.
Sankaran and U. Singh, Towards Legal Literacy, New Delhi: Oxford University Press,
pp.61-77.

SAHRDC, (2006)‘Reporting a Crime: First Information Report’, in Oxford Handbook of

Human Rights and Criminal Justice in India- The system and Procedure, New Delhi: Oxford
University Press, pp.16-26.

SAHRDC, (2006) ‘Bail’, in Oxford Handbook of Human Rights and Criminal Justice in India-
The system and Procedure, New Delhi: Oxford University Press, pp.59-71.

SAHRDC, (2006) ‘Detention’, in Oxford Handbook of Human Rights and Criminal Justice
in India- The system and Procedure. New Delhi: Oxford University Press, Pp.72-84.

P. Mathew, (2003) Your Rights if you are Arrested, New Delhi. Indian Social Institute.

III. Equality and non-discrimination

Essential Readings:
Gender Study Group, (1996) Sexual Harassment in Delhi University, A Report,
Delhi: University of Delhi.

N. Jain, (2011) ‘Physically/Mentally Challenged’, in M. Mohanty et al. Weapon of the

Oppressed, Inventory of People’s Rights in India, Delhi: Danish Books, pp.171-179.

P. Mathew, (2002) The Law on Atrocities Against Scheduled Castes and Scheduled Tribes,
New Delhi: Indian Social Institute.

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P. Mathew, (2004) The Minimum Wages Act, 1948, New Delhi: Indian Social Institute.

K. Sankaran, (2008) ‘Labour Laws and the World of Work’, in K, Sankaran and U. Singh
(eds.) Towards Legal Literacy, New Delhi: Oxford University Press, Pp.119-131.

K. Saxena, (2011) ‘Dalits’, in M. Mohanty et al., Weapon of the Oppressed, Inventory

of People’s Rights in India. Delhi: Danish Books, Pp.15-38

K. Saxena, (2011) ‘Adivasis’, in M. Mohanty et al., Weapon of the Oppressed, Inventory

of People’s Rights in India, Delhi: Danish Books, Pp.39-65.

S. Durrany, (2006) The Protection of Women From Domestic Violence Act 2005, New
Delhi: Indian Social Institute.

V. Kumari, (2008) ‘Offences Against Women’, in K, Sankaran and U. Singh (eds.)

Towards Legal Literacy, New Delhi: Oxford University Press.

P. D. Mathew,(2004)The Measure to Prevent Sexual Harassment of Women in Work Place.

New Delhi: Indian Social Institute.

D. Srivastva, (2007) ‘Sexual Harassment and Violence against Women in India:

Constitutional and Legal Perspectives’, in C. Kumar and K. Chockalingam (eds) Human
Rights, Justice, and Constitutional Empowerment, Delhi: Oxford University Press.

IV. Empowerment
Essential Readings:
N. Kurian, (2011) ‘Consumers’, in M. Mohanty et al., Weapon of the Oppressed, Inventory
of People’s Rights in India. Delhi: Danish Books.

S. Naib, (2013) ‘Right to Information Act 2005’, in The Right to Information in India, New Delhi:
Oxford University Press, Available at
http://www.humanrightsinitiative.org/publications/rti/guide_to_use_rti_act_2005_English2
012_light_Aspire.pdf, Accessed: 19.04.2013.

A. Roberts, (2010) ‘A Great and Revolutionary Law? The First Four Years of India’s Right
to Information Act’, Public Administration Review. Volume 70, Issue 6, pp. 925–933.
SAHRDC, (2006) ‘Consumer Rights’, in Introducing Human Rights, Oxford University
Press, pp. 118-134.

V. Redistribution, Recognition and livelihood

Essential Readings:
M. Sarin and O. Baginski, (2010) India’s Forest Rights Act -The Anatomy of a Necessary
but Not Sufficient Institutional Reform, Department for International Development.
Available at www.ippg.org.uk (Accessed: 10.04.2013).

J. Dreze, Dey and Khera, (2008) Employment Guarantee Act, A Primer, New Delhi:
National Book Trust (Also available in Hindi).

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Additional Readings:
K. Chaubey, (2013) ‘Do Pragatisheel Kanoonon ki Dastan: Rajya, Jan Andolan aur Pratirdoh’,
Pratiman: Samay, Samaj, Sanskriti, CSDS- Vani Prakashn, pp. 149-177.

S. Dahiwale, (2009) ‘Khairlanji: Insensitivity of Mahar Officers’, Economic and

Political Weekly, Vol. 44 (31), pp. 29-33.
J. Kothari, (2005) ‘Criminal Law on Domestic Violence’, Economic and Political Weekly,
Vol. 40(46), pp. 4843-4849.

H. Mander, and A. Joshi, The Movement for Right to Information in India, People’s Power for
the Control of Corruption. Available at
http://www.rtigateway.org.in/Documents/References/English/Reports/12.%20An%20article
%20on%20RTI%20by%20Harsh%20Mander.pdf , Accessed: 10.04.2013.

P. Mathew, and P. Bakshi, (2005) ‘Indian Legal System’, New Delhi: Indian Social Institute.

P. Mathew, and P. Bakshi, (2005) ‘Women and the Constitution’, New Delhi: Indian
Social Institute.

N. Menon, (2012) ‘Sexual Violence’, in Seeing Like a Feminist, New Delhi: Zubaan
and Penguin, pp. 113-146.

M, Mohanty et al. (2011) Weapon of the Oppressed, Inventory of People’s Rights in

India. Delhi: Danish Books.

Centre for Good Governance, (2008) Right to Information Act, 2005: A Citizen’s Guide,
Available at
http://www.rtigateway.org.in/Documents/Publications/A%20CITIZEN'S%20GUIDE.pdf ,
Accessed: 10.04.2013.

K. Sankaran, and U. Singh, (eds.) (2008) Towards Legal Literacy. New Delhi:
Oxford University Press.

A. Pandey, (2004) Rights of the Consumer. New Delhi: Indian Social Institute.

Bare Acts:
Consumer Protection Act, 1986, Available at
http://chdslsa.gov.in/right_menu/act/pdf/consumer.pdf , Accessed: 10.04.2013.

Criminal law Amendment Act, 2013, Available at

http://egazette.nic.in/WriteReadData/2013/E_17_2013_212.pdf , Accessed: 10.04.2013.

Mahatma Gandhi National Rural Employment Guaranty Act, 2005, Available

at http://nrega.nic.in/rajaswa.pdf , Accessed: 10.04.2013.

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National Food Security Act 2011, Available at
http://nac.nic.in/foodsecurity/nfsb_final.pdf, Accessed: 10.04.2013.

Protection of Women Against Domestic Violence Act, 2005, Available

at http://wcd.nic.in/wdvact.pdf, Accessed: 10.04.2013.

Right to Information Act, 2005, Available at http://righttoinformation.gov.in/rti-

act.pdf , Accessed: 10.04.2013.

Scheduled Castes and Scheduled Tribes Prevention of Atrocities Act, 1989, Available
at http://tribal.nic.in/writereaddata/linkimages/poaact989E4227472861.pdf,
Accessed: 10.04.2013.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act 2006, Available at http://tribal.gov.in/writereaddata/mainlinkFile/File1033.pdf,
Accessed: 10.04.2013.

The Minimum Wages Act, 1948, Available at

http://www.ilo.org/dyn/travail/docs/623/Minimum%20Wages%20Act%201948.pdf,
Accessed: 10.04.2013.

The Persons with Disabilities (Equal Opportunities, Protection of Rights, Full Participation)
Act, 1995, Available at http://bhind.nic.in/Sparsh_disability%20act%201995.pdf,
Accessed: 10.04.2013.

The Right of Children to Free and Compulsory Education Act, 2009, Available
at http://www.delta.org.in/form/rte.pdf , Accessed: 10.04.2013.

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal)

Bill, 2012, Available at
http://164.100.24.219/BillsTexts/LSBillTexts/PassedLoksabha/144C_2010_LS_Eng.pdf,
Accessed: 10.04.2013.

Criminal Law Amendment Act, 2013, Available at ,

mha.nic.in/pdfs/TheCrimnalLaw030413.pdfFile Format: PDF/Adobe Acrobat - Quick
View, Accessed: 15.04.2013.
Suggested exercises for students
1. Discuss the debates around any recent Ordinance, Bill or Act in Parliament.
2. How to file an FIR? In case there has been a theft in the neighbourhood how would
you file the first Hand Information Report?
3. Under what circumstances can detention and arrest become illegal?
4. Discuss any contemporary practice or event that violates the equality and
protection against discrimination laws.
5. Read Ordinance XV -D of University of Delhi and make a list of the kinds of conduct
that would qualify as sexual harassment.
6. Your friend has shared with you an incident of unwelcome verbal remarks on her by
a person of higher authority in your college, what would you do?

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7. Visit any nearby construction site and talk to the workers about their daily wage. Find
out the minimum wage in Delhi for such construction work. Make an assessment of the
awareness among the workers about their minimum wages and the law related to it.
8. You have seen a lady in your neighbourhood being beaten up by her husband. Identify the
concerned Protection Officer in case you want to provide information about this incident.
9. Read the Vishakha Guidelines as laid down by the Supreme Court and the Act
against sexual harassment at the workplace. Discuss what constitutes sexual
harassment and the mechanisms available for its redressal in your institution.
10. What is the procedure to file an RTI?
11. You bought a product from a nearby shop which was expired, the shop keeper refused
to return it. Use your knowledge of Consumer Protection Act to decide what you do next?
12. Do you think the provisions of Forest Rights Act (FRA) address the question of
gender equality?
13. What must you keep in mind as a consumer while making a purchase that may later
help you make use of Consumer Protection Act? (Hint- Should you ask for a Bill?)
14. In your surroundings have you witnessed any incident that would be considered
offensive under the SC and ST Act? Make a class room presentation on it.
15. After reading the Disabilities Act, discuss in your classroom, whether the differently
abled people in your college are able to exercise the rights and facilities guaranteed
under the law.
16. Discuss the procedure for issuing a job card under MNREGA.
17. You have read the rural job guarantee scheme under MNREGA. Do you think that there is
a need for similar guarantee scheme in urban areas? Discuss with your classmates.

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