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APPSC Prelims and Mains Notes, APPSC Test Series

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Human Rights Issues

Human Rights are commonly understood as inalienable fundamental rights “to which a
person is inherently entitled simply because she or he is a human being,” and which are
“inherent in all human beings” regardless of their nation, location, language, religion,
ethnic origin or any other status. The history of human rights can be traced to past
documents, particularly Constitution of Medina (622), Al-Risalah al-Huquq (659-713),
Magna Carta (1215), the English Bill of Rights (1689), the French Declaration of the
Rights of Man and of the Citizen (1789), and the Bill of Rights in the United States
Constitution (1791).

THE GENERAL ASSEMBLY proclaims THE UNIVERSAL DECLARATION OF HUMAN

RIGHTS as a common standard of achievement for all peoples and all nations, to the
end that every individual and every organ of society, keeping this Declaration
constantly in mind, shall strive by teaching and education to promote respect for these
rights and freedoms and by progressive measures, national and international, to secure
their universal and effective recognition and observance, both among the peoples of
Member States themselves and among the peoples of territories under their
jurisdiction. which are as follows:-

All human beings are born free and equal in dignity and rights. They are
endowed with reason and conscience and should act towards one another in a
spirit of brotherhood.
Everyone is entitled to all the rights and freedoms set forth in this Declaration,
without distinction of any kind, such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status.
Furthermore, no distinction shall be made on the basis of the political,
jurisdictional or international status of the country or territory to which a person
belongs, whether it be independent, trust, non-self-governing or under any
other limitation of sovereignty.
Everyone has the right to life, liberty and security of person.
No one shall be held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms.
No one shall be subjected to torture or to cruel, inhuman or degrading
treatment or punishment.
Everyone has the right to recognition everywhere as a person before the law.

All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any
discrimination in violation of this Declaration and against any incitement to such
discrimination.
Everyone has the right to an effective remedy by the competent national
tribunals for acts violating the fundamental rights granted him by the
constitution or by law.
No one shall be subjected to arbitrary arrest, detention or exile.
Everyone is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights and
obligations and of any criminal charge against him.
(1) Everyone charged with a penal offence has the right to be presumed innocent
until proved guilty according to law in a public trial at which he has had all the
guarantees necessary for his defence.
(2) No one shall be held guilty of any penal offence on account of any act or
omission which did not constitute a penal offence, under national or
international law, at the time when it was committed. Nor shall a heavier penalty
be imposed than the one that was applicable at the time the penal offence was
committed.
No one shall be subjected to arbitrary interference with his privacy, family, home
or correspondence, nor to attacks upon his honour and reputation. Everyone has
the right to the protection of the law against such interference or attacks.
(1) Everyone has the right to freedom of movement and residence within the
borders of each state.
(2) Everyone has the right to leave any country, including his own, and to return
to his country.
(1) Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
(2) This right may not be invoked in the case of prosecutions genuinely arising
from non-political crimes or from acts contrary to the purposes and principles of
the United Nations.
(1) Everyone has the right to a nationality.
(2) No one shall be arbitrarily deprived of his nationality nor denied the right to
change his nationality.
(1) Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a family. They are entitled to equal
rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the
intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled
to protection by society and the State.
(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.
Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief, and freedom, either alone or in
community with others and in public or private, to manifest his religion or belief
in teaching, practice, worship and observance.
Everyone has the right to freedom of opinion and expression; this right includes
freedom to hold opinions without interference and to seek, receive and impart
information and ideas through any media and regardless of frontiers.
(1) Everyone has the right to freedom of peaceful assembly and association.
(2) No one may be compelled to belong to an association.
(1) Everyone has the right to take part in the government of his country, directly
or through freely chosen representatives.
(2) Everyone has the right of equal access to public service in his country.
(3) The will of the people shall be the basis of the authority of government; this
will shall be expressed in periodic and genuine elections which shall be by
universal and equal suffrage and shall be held by secret vote or by equivalent
free voting procedures.
Everyone, as a member of society, has the right to social security and is entitled
to realization, through national effort and international co-operation and in
accordance with the organization and resources of each State, of the economic,
social and cultural rights indispensable for his dignity and the free development
of his personality.
(1) Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment.
(2) Everyone, without any discrimination, has the right to equal pay for equal
work.
(3) Everyone who works has the right to just and favourable remuneration
ensuring for himself and his family an existence worthy of human dignity, and
supplemented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of
his interests.
Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay.
(1) Everyone has the right to a standard of living adequate for the health and
well-being of himself and of his family, including food, clothing, housing and
medical care and necessary social services, and the right to security in the event
of unemployment, sickness, disability, widowhood, old age or other lack of
livelihood in circumstances beyond his control.
(2) Motherhood and childhood are entitled to special care and assistance. All
children, whether born in or out of wedlock, shall enjoy the same social
protection.
(1) Everyone has the right to education. Education shall be free, at least in the
elementary and fundamental stages. Elementary education shall be compulsory.
Technical and professional education shall be made generally available and
higher education shall be equally accessible to all on the basis of merit.
(2) Education shall be directed to the full development of the human personality
and to the strengthening of respect for human rights and fundamental
freedoms. It shall promote understanding, tolerance and friendship among all
nations, racial or religious groups, and shall further the activities of the United
Nations for the maintenance of peace.
(3) Parents have a prior right to choose the kind of education that shall be given
to their children.
(1) Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement and its
benefits.
(2) Everyone has the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he is the
author.
Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
(1) Everyone has duties to the community in which alone the free and full
development of his personality is possible.
(2) In the exercise of his rights and freedoms, everyone shall be subject only to
such limitations as are determined by law solely for the purpose of securing due
recognition and respect for the rights and freedoms of others and of meeting
the just requirements of morality, public order and the general welfare in a
democratic society.
 (3) These rights and freedoms may in no case be exercised contrary to the
purposes and principles of the United Nations.
Nothing in this Declaration may be interpreted as implying for any State, group
or person any right to engage in any activity or to perform any act aimed at the
destruction of any of the rights and freedoms set forth herein.

Human Rights Commission

Establishment of Human Right Commission

The National Human Rights Commission is a statutory (and not a constitutional)

body. It was established in 1993 under a legislation enacted by the Parliament,
namely, the Protection of Human Rights Act, 1993. This Act was amended in
2006.
The commission is the watchdog of human rights in the country, that is, the
rights relating to life, liberty, equality and dignity of the individual guaranteed by
the Constitution or embodied in the international covenants and enforceable by
courts in India.

The specific objectives of the establishment of the commission are :

1. To strengthen the institutional arrangements through which human rights issues

could be addressed in their entirety in a more focussed manner;
2. To look into allegations of excesses, independently of the government, in a
manner that would underline the gover-nment’s commitment to protect human
rights; and
3. To complement and strengthen the efforts that have already been made in this
direction.

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:
1. a Chairperson who has been a Chief Justice of the Supreme Court;
2. one Member who is or has been, a Judge of the Supreme Court;
3. one Member who is, or has been, the Chief Justice of a High Court;
4. two Members to be appointed from amongst persons having knowledge of,
or practical experience in, matters relating to human rights.
3. The Chairperson of the National Commission for Minorities, [the National
Commission for the Scheduled Castes, the National Commission for the
Scheduled Tribes]and the National Commission for Women shall be deemed to
be Members of the Commission.
4. There shall be a Secretary-General who shall be the Chief Executive Officer of the
Commission and shall exercise such powers and discharge such functions of the
Commission [except judicial functions], as may be delegated to him by the
Commission or the Chairperson as the case may be.
5. The headquarters of the Commission shall be at Delhi and the Commission may,
with the previous approval of the Central Government, establish offices at other
places in India.

Appointment of Chairperson and other Members

1. The Chairperson and [the Members] shall be appointed by the President by

warrant under his hand and seal; Provided that every appointment under this
sub-section shall be made after obtaining the recommendations of a Committee
consisting of–
1. The Prime Minister — Chairperson
2. Speaker of the House of the People — Member
3. Minister in-charge of the Ministry of Home Affairs in the Government of India
— Member
4. Leader of the Opposition in the House of the People — Member
5. Leader of the Opposition in the Council of States — Member
6. Deputy Chairman of the Council of States — Member

Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a
High Court shall be appointed except after consultation with the Chief Justice of India

2. No appointment of a Chairperson or a Member shall be invalid merely by reason

of any [vacancy of any member in the Committee referred to in the first proviso
to sub-section (1)]
Resignation and removal of Chairperson and Members

1. The Chairperson or any Member may, by notice in writing under his hand
addressed to the President of India, resign his office.
2. Subject to the provisions of sub-section (3), the Chairperson or any Member shall
only be removed from his office by order of the President of India on the ground
of proved misbehaviour or incapacity after the Supreme Court, on reference
being made to it by the President, has, on inquiry held in accordance with the
procedure prescribed in that behalf by the Supreme Court, reported that the
Chairperson or the Member, as the case may be, ought on any such ground to
be removed.
3. Notwithstanding anything in sub-section (2), the President may, by order,
remove from office the Chairperson or any Member if the Chairperson or such
Member, as the case may be
4. is adjudged an insolvent;
5. or engages during his term of office in any paid employment outside the duties
of his office;
6. or is unfit to continue in office by reason of infirmity of mind or body;
7. or is of unsound mind and stands so declared by a competent court;
8. or is convicted and sentenced to imprisonment for an offence which in the
opinion of the President involves moral turpitude

Term of office of Chairperson and Members

1. A person appointed as Chairperson shall hold office for a term of five years from
the date on which he enters upon his office or until he attains the age of seventy
years, whichever is earlier.
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 India or under the Government of
any State
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 President may, by notification,
authorise one of the Members to act as the Chairperson until the appointment of
a new Chairperson to fill such vacancy.
2. When the Chairperson is unable to discharge his functions owing to absence on
leave or otherwise, such one of the Members as the President may, by
notification, authorise in this behalf, shall discharge the functions of the
Chairperson until the date on which the Chairperson resumes his duties.

Terms and conditions of service of Chairperson and Members

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.
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.]

Vacancies, etc., not to invalidate the proceedings of the Commission

No act or proceedings of the Commission shall be questioned or shall be

invalidated merely on the ground of existence of any vacancy or defect in the
constitution of the Commission

Procedure to be regulated by the Commission

1. The Commission shall meet at such time and place as the Chairperson may think
fit.
2. Subject to the provisions of this Act and the rules made thereunder, the
Commission shall have the power to lay down by regulations its own procedure
3. All orders and decisions of the Commission shall be authenticated by the
Secretary-General or any other officer of the Commission duly authorised by the
Chairperson in this behalf
Officers and other staff of the Commission

1. The Central Government shall make available to the Commission:

1. an officer of the rank of the Secretary to the Government of India who shall
be the Secretary-General of the Commission; and
2. such police and investigative staff under an officer not below the rank of a
Director General of Police and such other officers and staff as may be
necessary for the efficient performance of the functions of the Commission.
2. Subject to such rules as may be made by the Central Government in this behalf,
the Commission may appoint such other administrative, technical and scientific
staff as it may consider necessary.
3. The salaries, allowances and conditions of service of the officers and other staff
appointed under sub-section (2) shall be such as may be prescribed.

Functions of the Commission

The Commission shall perform all or any of the following functions, namely:-

1. inquire, suo motu or on a petition presented to it by a victim or any person on

his behalf [or on a direction or order of any court], into complaint of
1. violation of human rights or abetment thereof; or
2. negligence in the prevention of such violation, by a public servant;
2. intervene in any proceeding involving any allegation of violation of human rights
pending before a court with the approval of such court;
3. visit, notwithstanding anything contained in any other law for the time being in
force, any jail or other institution under the control of the State Government,
where persons are detained or lodged for purposes of treatment, reformation or
protection, for the study of the living conditions of the inmates thereof and make
recommendations thereon to the Government;
4. review the safeguards provided by or under the Constitution or any law for the
time being in force for the protection of human rights and recommend measures
for their effective implementation;
5. review the factors, including acts of terrorism that inhibit the enjoyment of
human rights and recommend appropriate remedial measures;
6. study treaties and other international instruments on human rights and make
recommendations for their effective implementation;
7. undertake and promote research in the field of human rights;
8. spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights through
 publications, the media, seminars and other available means;
9. encourage the efforts of non-governmental organisations and institutions
working in the field of human rights;
10. such other functions as it may consider necessary for the protection of human
rights

Powers relating to inquiries

1. The Commission shall, while inquiring into complaints under this Act, have all the
powers of a civil court trying a suit under the Code of Civil Procedure, 1908, and
in particular in respect of the following matters, namely :
1. summoning and enforcing the attendance of witnesses and examining them
on oath;
2. discovery and production of any document;
3. receiving evidence on affidavits;
4. requisitioning any public record or copy thereof from any court or office;
5. issuing commissions for the examination of witnesses or documents;
6. any other matter which may be prescribed.
2. The Commission shall have power to require any person, subject to any privilege
which may be claimed by that person under any law for the time being in force,
to furnish information on such points or matters as, in the opinion of the
Commission, may be useful for, or relevant to, the subject matter of the inquiry
and any person so required shall be deemed to be legally bound to furnish such
information within the meaning of section 176 and section 177 of the Indian
Penal Code.
3. The Commission or any other officer, not below the rank of a Gazetted Officer,
specially authorised in this behalf by the Commission may enter any building or
place where the Commission has reason to believe that any document relating to
the subject matter of the inquiry may be found, and may seize any such
document or take extracts or copies therefrom subject to the provisions of
section 100 of the Code of Criminal Procedure, 1973, in so far as it may be
applicable.
4. The Commission shall be deemed to be a civil court and when any offence as is
described in section 175, section 178, section 179, section 180 or section 228 of
the Indian Penal Code is committed in the view or presence of the Commission,
the Commission may, after recording the facts constituting the offence and the
statement of the accused as provided for in the Code of Criminal Procedure,
1973, forward the case to a 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 346 of the Code of Criminal Procedure, 1973.
5. Every proceeding before the Commission shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purposes of
section 196, of the Indian Penal Code, and the Commission shall be deemed to
be a civil court for all the purposes of section 195 and Chapter XXVI of the Code
of Criminal Procedure, 1973.
6. Where the Commission considers it necessary or expedient so to do, it may, by
order, transfer any complaint filed or pending before it to the State Commission
of the State from which the complaint arises, for disposal in accordance with the
provisions of this Act; Provided that no such complaint shall be transferred
unless the same is one respecting which the State Commission has jurisdiction to
entertain
7. Every complaint transferred under sub-section(6) shall be dealt with and
disposed of by the State Commission as if it were a complaint initially filed
before it

Annual and special reports of the Commission

1. The Commission shall submit an annual report to the Central Government and to
the State Government concerned and may at any time submit special reports on
any matter which, in its opinion, is of such urgency or importance that it should
not be deferred till submission of the annual report.
2. The Central Government and the State Government, as the case may be, shall
cause the annual and special reports of the Commission to be laid before each
House of Parliament or the State Legislature respectively, as the case may be,
along with a memorandum of action taken or proposed to be taken on the
recommendations of the Commission and the reasons for non-acceptance of the
recommendations, if any

HUMAN RIGHTS (AMENDMENT) ACT, 2006

The Parliament has passed the Protection of Human Rights (Amendment) Act, 2006. The
main amendments carried out in the Protection of Human Rights Act, 1993, relate to
the following issues:
 Reducing the number of members of State Human Rights Commissions (SHRCs)
from five to three
Changing the eligibility condition for appointment of member of SHRCs
Strengthening the investigative machinery available with Human Rights
Commissions
Empowering the Commissions to recommend award of compensation, etc. even
during the course of enquiry
Empowering the NHRC to undertake visits to jails even without intimation to the
state governments
Strengthening the procedure for recording of evidence of witnesses
Clarifying that the Chairpersons of NHRC and SHRCs are distinct from the
Members of the respective Commission
Enabling the NHRC to transfer complaints received by it to the concerned SHRC
Enabling the Chairperson and members of the NHRC to address their
resignations in writing to the President and the Chairperson and members of the
SHRCs to the Governor of the state concerned
Clarifying that the absence of any member in the Selection Committee for
selection of the Chairperson and member of the NHRC or the SHRCs will not
vitiate the decisions taken by such Committees
Providing that the Chairperson of the National Commission for the Scheduled
Castes and the Chairperson of the National Commission for the Scheduled Tribes
shall be deemed to be members of the NHRC
Enabling the Central Government to notify future international covenants and
conventions to which the Act would be applicable

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