LLM GU (Gr-5) Human Rights and Duties 2024-25
LLM GU (Gr-5) Human Rights and Duties 2024-25
LL.M.
Group
On
“HUMAN RIGHTS AND DUTIES”
GUJARAT UNIVERSITY
AHMEDABAD
Programme Duration
4 Semesters (2 Years)
The ideas of freedom and rights have been part of human societies since the birth of the first
civilizations. Human rights were conceived rather narrowly as mere freedom from arbitrary
government in the past. It was realised later and much more so during last fifty years since the end of
the Second World War that the threats to liberty, equality and justice did not emanate from the state
alone. Although this concept is pledged naturally and intuitive in people’s way of thinking, the modern
understanding of human rights differs fundamentally.
A greater awareness of human rights, not only as negative restrictions on the state but as positive
obligations for creating an environment in which man could live with dignity was necessary. Today
our modern world relies on this fundamental perception to save itself from injustice. Human rights are
universal and demand compassion and respect for others. They cannot be taken from a person. Today
the United Nations and their Charter are defining the international law, which protects the fundamental
freedoms. The rules they follow, create a complex system of organizations, which can keep you safe in
case of unfairness or discrimination.
Protection of Human Rights (HR) became an important issue after the second world war and after the
acceptance of Universal Declaration of Human Rights. The growth of HR Law and jurisprudence
thereafter was spontaneous and continuous. The changes in the global scenario bring new concept of
HR protection against violation. In one sense, HR can be said as the rights which the nature has
endowed with human beings. However, they are not mere privileges given to the subjects by the ruler
but are liberties permitted to the 'citizens' in a democracy. Manifestly a law that violates human rights
is no law at all. Probably this perspective may give an impression that human rights are not different
from natural rights envisaged by the natural law school.
The understanding of human rights is the foundation for the development of a responsible citizen and a
knowledgeable legal professional. The Global community's concerns about human rights have been
expressed through various conventions. On the national levels, they are contained in constitutional
provisions such as directive principles of state policy, fundamental rights, fundamental duties and
judicial, legislative as well as administrative strategies of reconstruction. Human rights acquire much
more comprehensive and wider meaning.
Programme Outcomes:
PO1: This course is intended to highlight the concept of human rights, their evolution and their
importance in our society now, particularly in the era of privatisation, globalisation and
liberalisation. The course is also designed to deal with the basic framework of Indian Human
Rights jurisprudence.
PO2: On completion of this Master degree with specialisation in Human Rights and Duties Students
have opportunity to work in international law firms dealing with human rights issues, as well as
NGOs and other organizations as an expert.
PSO12: This program will give insights as how to evaluate the impact of various social and political
movements and will help them to work in the field of human rights jurisprudence in larger
interests of the society and rights of Individuals.
PSO13: To grow proper orientation towards legal education to become a skilled law teacher.
Semester - II
1. LAW 407: Judicial Process
2. LAW 408: Law and Social Transformation of India
3. LAW 409: Legal Research Methodology
4. LAW 410 J: Social Movements and Human Rights in India
5. LAW 411 J: Criminal Justice System and Human Rights
6. LAW 412 J: Science and Technology and Human Rights
Semester - III
1. LAW 501 J: Women and Human Rights
2. LAW 502 J: Human Rights and Children
3. LAW 503 J: Human Rights of Disadvantaged People and Vulnerable Groups
4. LAW 504 J: Human Rights and Environment Protection
5. LAW 505 J: Emerging Dimensions of Human Rights and Duties
6. LAW 506 J: Problem, Protection and Enforcement of Human Rights
Semester - IV
Course Content:
1. Analytical Legal Positivism
1.1 Analytical School
1.1.1 Jermy Bentham
1.1.2 John Austin
2. The Pure Theory
2.1 Hans Kelsen
2.1.1 The Basic Norm
2.1.2 Implication of Pure Theory
2.1.3 Contribution of Kelsen
3. Sociological School
3.1 The Social Origin of Laws & Legal Institution
3.2 Impact of Laws on Society
3.3 The Task of Law in Society
3.3.1 Roscoe Pound
3.3.2 Social Engineering
4. American Realism
4.1 Justice Holmes
4.2 Carl. N. Llewellyn
5. Natural Law
5.1 The Greek Period
5.2 The Roman Period
5.3 The Medieval Period
5.4 Revival of Natural Law Theories
References:
1. Bodenheimer, Jurisprudence – The Philosophy and Method of Law (1996) Universal, Delhi
2. Fitzgerald, (ed.) Salmond on Jurisprudence (1999) Tripathi, Bombay.
3. W. Friedmann, Legal Theory (1999) Universal, New Delhi.
4. Paton G. W., Jurisprudence (1972) Oxford, ELBS.
5. Dias, Jurisprudence (1994 First Indian re-print), Adithya Books, New Delhi.
6. Roscoe Pond, Introduction to the Philosophy of Law (1998 re-print) Universal, New Delhi.
7. Hart, H.L.A., The Concepts of Law (1970) Oxford, ELBS
8. Lloyds Introduction to Jurisprudence, Sweet and Maxwell.
Course Content:
1. “State”: Need for Widening the Definition in the Wake of Liberalization
2. Right to Equality: Privatization and Its Impact on Affirmative Action
3. Freedom of Press and Challenges of New Scientific Development
3.1 Freedom of speech and right to broadcast and telecast
3.2 Access to information
3.3 Right to strikes, (Hartal and Bandh)
4. Emerging Regime of New Rights and Remedies
4.1 Reading Directive Principles and Fundamental Duties into Fundamental Rights
4.1.1 Compensation jurisprudence
4.1.2 Right to education
4.1.2.1 Commercialisation of education and its impact
4.1.2.2 Brain-drain by foreign education market
Course Content:
1. Introduction
1.1 Nature of International Law
1.2 Basis of International Law
1.3 Evolution and Development of International Law
1.4 Codification of International Law
2. Sources of International Law
2.1 General
2.2 Custom
2.3 Treaties
2.4 The General Principles of Law
2.5 Judicial Decisions
2.6 Juristic Work on International Law
2.7 General Assembly Resolutions and Declarations
3. Relation between International Law and Municipal Law
3.1 Theories on Relationship
3.2 Theories on the Application of International Law within Municipal Law
3.3 Municipal Law before International Tribunals
3.4 International Law within Municipal Sphere
4. Subjects of International Law
4.1 State as a Subject
4.2 Public International Organizations
4.3 Individual as Subject of International Law
5. Law and Practice of Treaties
5.1 The Treaty Making Process
5.2 Treaties and Third Parties
5.3 Treaty Interpretation
5.4 Amendment and Modification of Treaties
References:
1. Akehust’s Modern Introduction to International Law, Ed. By Peter Malanczuk,7th Edition, (Revised)
2. Alina Kacxorowska, Public International Law 150 Leading Cases, Old Bailey Press, 2002.
3. Bowett D.W., The Law of International Institutions, 4th Edition, 2003, Universal.
4. Brownlie, Ian (2003) Principles of Public International Law, Oxford University, Press, 6th Edition.
5. David D. Caron, Cases & Materials on International Law.
6. Oppenheim, International Law (Vol. I & II)
7. Starke J.G., Introduction to International Law.
8. M.P. Tandon, Public International Law, 16th Edition, (2005), Allahabad Law
Course Outcome: Students who complete the course successfully will acquire:
CO1: An understanding of the principles and institutions of international human rights law, including their origins,
assumptions, contents, limits and potential.
CO2: It will help students to understand the importance of the fundamental principle, its concept, Concern and Source of
international obligations for Human Rights. As well as Capacity to exercise rights and comply with obligations
under International law with international norms and standards for human rights and Duties.
CO3: An improved ability to think analytically about the implementation and development of international human rights
law and to apply this body of law in your own professional and national setting.
CO4: Student(s) able to work in conjunction with human rights specialists and other scholars in expanding knowledge
about human rights as well as promoting respect for the values they embody and symbolise.
CO5: An improved ability to conduct research on international human rights law and Duties.
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Course Content:
1. Historical Foundations of Human Rights and Duties
1.1 Historical Development of Human Rights
1.2 Magna Carta to Fundamental Rights
1.3 The French Declaration of the Rights of Man and of Citizens of 1789
1.4 The American Declaration on the Rights and Duties of Man 1948 (“Bogota Declaration”)
2. Concept and Sources of International Obligations for Human Rights
2.1 Concept of obligations: Legal, moral, social, Religious
2.2 Sources of international law giving rise to international obligations
2.2.1 Treaties and conventions to which states are parties
2.2.2 International custom as evidence of practice accepted as law: Jus cogens
2.2.3 General principles of law recognized by diverse national legal systems
2.2.4 Judicial decisions/ Interpretations
2.3 Relevance of Statute of the ICJ.
3. International Concern for Human Rights
3.1 Evolution of international concern for the protection of the individual
3.1.1 ILO and labour welfare
3.2 Categories of Crimes and its concern for Human rights
3.2.1 Crimes against peace, War crimes, and Crimes against humanity.
3.2.2 Genocide, Racial Discrimination and Castelism
3.3 UN Charter Provisions: Article 1(2) & (3), Article 13(1)(b), Articles 55, 56, 68,
4. Subject of International Obligations for Human Rights
4.1 Concept of subjects of international law
(Capacity to exercise rights and comply with obligations under International law)
4.2 States as subjects of human rights obligations
(Obligations from treaties and conventions on human rights (to which they are parties)
4.3 International organizations as subjects of obligations
Cont. …….
References:
1. UN High Commissioner for Human Rights, An Introduction: Making Human Rights a Reality (New York:
UN Publication Division, 1996).
2. Donnelly, J., The Concept of Human Rights (London: Bodley Head, 1973).
3. Bhagwati, P.N., Dimensions of Human Rights (Madurai: Society for Community Organization Trust, 1987).
4. UN Centre for Human Rights, The International Bill of Human Rights (Geneva: World Campaign for Human Rights,
1996).
5. UN Centre for Human Rights, International Human Rights Standards for Law Enforcement (Geneva: World
Campaign for Human Rights, 1996).
6. ILO, Comparative Analysis of the International Covenants on Human Rights and International Labour Conventions
and Recommendations, Official Bulletin (Geneva), vol.52, no.2, 1969, pp.181-216.
7. UNESCO, UNESCO and Human Rights: Standard Setting Instruments (Paris: UNESCO, 1999).
8. UNESCO, A Guide to Human Rights: Institutions, Standards, Procedures (Paris: UNESCO, 1999), edited by Janus
Symonbides and Vladimir Volodin.
9. Buergenthal, T. ed., Human Rights, International Law and the Helsinki Accord (New Jersey: Allanheld Osmon,
1977).
10. Rontarriaza, Naomi, Impunity and Human Rights in International Law and Practice (New York:OUP, 1995).
11. Verma, S.K., An Introduction to Public International Law (New Delhi: Prentice Hall, 1998).
12. Benedetto Conforti and Francesco Francioni, Enforcing International Human Rights in Domestic Courts, (1997).
13. Francisco Forrest Martin. International Human Rights Law and Practice, (1997).
14. Luck Clements, European Human Riohts Taking a Case under the Convention, (1994).
15. Evelyn A. Ankumah, The African Commission on Human Rights and People’s Rights, (1996).
16. R.K.Sinha, Human Rights of the World,(1997).
17. Philip Alston, The United Nations and Human Rights A Critical Appraisal, (1992).
18. R.S.Sharma and R.K.Sinha, Perspectives in Human Rights Development, (1997).
19. The Human Rights Watch Global Report on Women’s Human Rights, (2000), Oxford.
20. B.P.Singh Seghal, Human Rights in India, (1996).
21. Chandan Bala, International Court of Justice: Its Functioning and Settlement of International Disputes, (1997).
CO1: An improved ability to think about the Multifarious rights, which was evolved in the generational phase through
implementation and development of international human rights law and to apply this body of law in your own
professional and national setting;
CO2: Explain and describe the characteristics of the European Convention on Human Rights and Fundamental
Freedoms, power and functions of the Inter-American Court on Human Rights and Distinguish between human
rights and people’s rights under the African Charter on Human and People’s Rights.
CO3: Critically assess specific areas of international human rights law with reference to relevant legal instruments and
contemporary cases.
CO4: Draft a legal document in the form of a submission, reasoned opinion, declaration or resolution concerning a
specific area of human rights.
CO5: Acquire basic competency in legal writing and research.
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Course Content:
1. History and Development of International Human Rights Regime
1.1 International Bill of Human Rights, 1948
1.2 Universal Declaration of Human Rights, 1948
1.2.1 History, Structure and Legal Significance of the Declaration
1.3 First Generation Human Rights
1.3.1. The right to life,
1.3.2 Equality before the law,
1.3.3 Freedom of speech,
1.3.4 The right to a fair trial,
1.3.5 Freedom of religion,
1.3.6 Voting rights
2. International Instruments on Social, Economic, Cultural and Political Rights
2.1 Second Generation Human Rights
2.1.1 Economic, Social and Cultural in nature.
2.2 International Covenant of Economic, Social and Cultural Rights, 1966
2.3 International Covenant on Civil and Political Rights, 1966
2.4 Protocol to the International Covenant on Civil and Political Rights
2.5 Protocol to the International Covenant on Economic, Social and Cultural Rights
3. International Human Rights Instruments on Right to Development
3.1 Declaration on the Right to Development 1986
3.2 Reo Declaration on Environment and Development 1992
3.3 Stockholm Conference on the Human Environment 1972
3.4 Third Generation Human Rights
("third-generation human rights" remains largely unofficial, just as the also-used moniker of "green" rights, and thus
houses an extremely broad spectrum of rights)
3.1.1 Right to participation in cultural heritage
3.1.2 Right to self-determination
3.1.3 Right to economic and social development
3.1.4 Right to a healthy environment
3.1.5 Right to natural resources
3.1.6 Right to communicate and communication rights Cont. …….
References:
1. UN, Declaration of the Right to Development (New York: UN Department of Public Information, 1988).
2. UN Centre for Human Rights, Civil and Political Rights: The Human Rights Committee (Geneva: World Campaign
for Human Rights, 1997)
3. UN Centre for Human Rights, Freedom of the Individual under Law: An Analysis of Article 29 of the Universal
Declaration of Human Rights (New York: UN Publication Division, 1990).
4. International Human Rights: Law, Policy, and Process. David Weissbrodt, Joan Fitzpatrick, Frank C. Newman
LexisNexis, 2009
5. Rehman, M.M. and others, Human Rights and Human Development: Concepts and Contexts (New Delhi: Manak
Publications, 2000).
1. Rosas, Allan, “The Right to Development”, in Asbjorn Eide and others, eds., Economic, Social and Cultural Rights: A
Text Book (Doredrech: Martinus Nijhoff, 1995).
2. Rembe, N.S., Africa and Regional Protection of Human Rights (Rome: Leoul, 1985).
3. Subbian, A., Human Rights Complaints Systems: International and Regional (New Delhi: Deep and Deep, 2000).
4. Selected International Human Rights Instruments and Bibliography for Research on International Human Rights Law,
by Weissbrodt, David and Joan Fitzpatrick, LexisNexis.
5. D.D. Basu, Human Rights in Constitutional Law, (New Delhi: Prentice Hall, 1994)
6. Moolchand Sharma, Constitutionalism, Human rights and Rule of Law – Essays in Honour of Soli J. Sorabji (Delhi:
Universal Book Publishing,
7. J.S. Verma, The New Universe of Human Rights (New Delhi: Universal Book Traders, 2006)
8. K. P. Saksena (ed.), Human Rights and the Constitution: Vision and Reality (New Delhi: Gyan, 2003)
Course Outcome: Students who complete the course successfully will acquire:
CO1: An understanding of the principles and institutions of International Humanitarian law and Refugee laws including
its origins, fundamental rules and sources.
CO2: An improved ability to think analytically about the implementation and development of Humanitarian law and
Law for Protection of Refugee.
CO3: An improved ability to analyse and conduct research on International Instruments on Humanitarian law and status
of IDPs, stateless persons and Refugee with national and international legal framework.
CO4: Intends to equip the students with the awareness of the various problems of refugees and to inspire them to
critically evaluate the international conventions and national legislation.
CO5: To know the Institutionalise framework for cross-national professional collaboration & exchange of information.
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Course Content:
1. Evolution of International Humanitarian Law (IHL)
1.1 Origin of International Humanitarian Law
1.2 Development of International Humanitarian Law
1.3 Geneva Convention for the amelioration of the condition of the wounded in armies in the field
1864
1.4 The Hague Conventions respecting the laws and customs of war on land 1899
2. Instruments of International Humanitarian Law (IHL) - (GCI), (GCII), (GCIII), (GCIV)
2.1 The First Geneva Convention provides protection to wounded and sick 1949 and Protocol 1977
2.2 The Second Geneva Convention provides protection to the wounded, sick and shipwrecked in
armed conflicts at sea. 1949
2.3 The Third Geneva Convention provided protections for Prisoners of War 1949 and Protocol 1977
2.4 The Fourth Geneva Convention provides protection to civilians in armed conflict, including those
living under occupation 1949 and Protocol 2005
2.5 Internally Displaced Persons: UN Guiding Principles on Internal Displacement 1998
3. Implementation and Enforcement of IHL:
3.1 Concept of Protecting Power
3.2 International Criminal Courts and Tribunals
3.3 International Committee of the Red Cross (ICRC)
3.4 Role of NGOs
4. International Refugee Law
4.1 The History of International Refugee Law
4.2 Determination of Refugee Status under the Refugee Convention 1951 and Protocol 1967
4.3 United Nations High Commissioner for Refugees (UNHCR)
4.4 Protection under International Law as Right to Asylum
5. Refugees Protection in India
5.1 Policy and Status of refugees in India under UNHCR
5.2 Indian critique of UNHCR and the Convention
5.3 Solution to Refugee Problem
5.3.1 Resettlement in third country, Temporary Protection, Safety Zones
5.3.2 International burden sharing
5.3.3 Ultimate solution: tackling the root causes. Cont. …….
References:
1. International Humanitarian Law, Rules, Controversies, and Solutions to Problems Arising in Warfare
2. Principles of international law series, Marco Sassòli, Ealgar: 2011.
3. Chimni, B.S., International Refugee Law: A Reader (New Delhi: Sage Publications, 2000).
4. UNESCO, International Dimensions of Humanitarian Law (Paris: UNESCO, 1988).
5. International Humanitarian Law and International Human Rights Law, Orna Ben-Naftali, Oxford University Press,
2011
6. The Handbook of International Humanitarian Law Revised Edition by Dieter Fleck. Oxford University Press, 2014
7. Human Rights and Humanitarian Law: Developments in Indian and International Law, Oxford University Press 2007
8. Refugee Law and Policy: Selected Statutes, Regulations, and International Materials, by Karen Musalo 1998.
9. Sinha, Manoj K., Basic Documents on International Human Rights and Refugee Laws (New Delhi: Manak
Publications, 2000)
10. UN Centre for Human Rights, Special Issue on Human Rights and Humanitarian Law and Human Rights and Refugee
Law (New York, 1992)
11. UNHRC, Collection of International Instruments and other Legal Texts Concerning Refugees and Displaced Persons
(UNHRC, 1995).
12. B. S. Chimni, International Refugee Law, (2000).
13. Jean Yves Calier, who is a Refugee? - A Comparative Case Law Study, (1997)
14. Kelly Dawn Askin, War Crimes Against Women, (1997).
15. M.K.Balachandran, Rose Varghese, Introduction to International Humanitarian Law,(1997).
16. Guy S. Goodwin-Gill, The Refugee in International Law, (1996). Law 393
17. Veral Gowlland- Debbas, The Problem of Refugees in the Light of Contemporary International Law Issues, (1996).
18. Anti-personnel Landmines Friend or Foe? International Committee of Red Cross, (1996).
19. Resettlement Handbook, The United Nations High Commissioner for Refugees.
20. James C. Hathaway, Hohn A. Dent, Refugee Rights: Report on a Comparative Survey, (1995)
Course Content:
1. Law and Social Change
1.1 Laws as an instrument of social change
1.2 Law as the product of traditions and culture. Criticism and evaluation in the light of Colonization
and the introduction of common law system and institutions in India and its impact on further,
development of law and legal institutions in India.
2. Law and Its Inter-relationships with Religion, Language, Community and Regionalism
2.1 Religion, Language, community and regionalism as divisive factors
2.2 Responses of law to:
(a) Religion - through secularism,
(b) Language - through constitutional guarantees
(c) Community - through non-discrimination,
(d) Regionalism - through unity
(e) Non- discrimination and protective discrimination (reservation)
3. Women, Children and the Law:
3.1 Crimes against women
3.2 Gender injustice and its various forms
3.3 Women’s Commission
3.4 Empowerment of women: Constitutional and other legal provisions
3.5 Child labour
3.6 Sexual exploitation
3.7 Adoption and related problems
3.8 Children and education
4. Modernizations and the Law
4.1 Modernization as a value: Constitutional perspectives reflected in the
Fundamental duties
4.2 Modernization of social instructions through law
4.2.1 Reform of family law
4.2.2 Agrarian reform - Industrialisation of agriculture
4.2.3 Industrial reform: Free enterprise v. State regulation, Industrialisation v. environment protection
4.3 Reform of court processes
4.3.1 Criminal law: Plea bargaining; compounding and payment of Compensation to victims
4.3.2 Civil law: (ADR) Confrontation v. consensus; mediation and Conciliation; Lok Adalat
4.3.3 Prison reforms
4.4 Democratic decentralization and local self-government
References:
1. Marc Galanter (ed.), Law and Society in Modern India (1997), Oxford
2. Robert Lingat, The Classical Law of India (1998), Oxford
3. U. Baxi, The Crisis of the Indian Legal System (1982), Vikas, New Delhi
4. U. Baxi (ed.), Law and Poverty Critical Essays (1988), Tripathi, Bombay Manushi A, Journal about Women and
Society
5. Duncan Derret, The State, Religion and Law in India (1999), Oxford University Press, New Delhi
6. H. M. Seervai, Constitutional Law of India (1996), Tripathi
7. D. D. Basu, Shorter Constitution of India (1996), Prentice-Hall of India (P) Ltd., New Delhi
8. Sunil Deshta and Kiran Deshta, Law and Menace of Child Labour (2000), Armor Publications, Delhi
9. Savitri Gunasekhare, Children, Law and Justice (1997), Sage
10. Indian Law Institute, Law and Social Change: Indo-American Reflection (1988), Tripathi
11. J. B. Kripalani, Gandhi: His Life and Thought (1970), Ministry of Information and Broadcasting, Government of
India
13. M. P. Jain, Outlines of Indian Legal History (1993), Tripathi, Bombay
14. Agnes, Flavia, Law and Gender Inequality: The Politics of Women's Rights in India (1999), Oxford
References:
Course Outcome: This course would make the student acquaint with:
CO1: knowledge about the growth of Social Movement in India since the British Colonial era when civil liberties
consciousness was nurtured through various social reform and political movements against British undemocratic
rules with Human Rights perception and social evils of Indian society.
CO2: To understand he undemocratic social structure and institutions such as caste, ethnicity, religion threatening
ethos of Indian Democracy with impact of Peasant, Feminist, Dalit, Tribal and Environment movements in India.
CO3: Student will learn about Human Rights violation during Emergency period in 1975, and kind of Social
Movements for upliftment of various disadvantage people in the society and its mechanism of Protection.
CO4: To able to analyse the growth of social movements through NGOs in India to protect Human Rights and learn
about notion of fundamental rights under Indian Constitution with its role, functioning and critical appraisal.
CO5: It empowers them with knowledge about growth of human rights movement in the country that will open vast area
of human rights research to the students.
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Course Content:
1. Conceptual Perspective of Social Movements
1.1 Social Movements: Concept, Nature and Definitions
1.2 Categories and Types of Social Movements
1.3 Social Movement Socio-Political Implications
1.4 Social Movements as Promoter of Social Change and Human Rights
2. Social and Religious Reforms Movements and Human Rights
2.1 Brahmo Samaj
2.2 Arya Samaj
2.3 Dalit Movements (Mahad Satyagrah, Dalit Panther Movements, Namantar Andolan)
2.4 Tribal Movements (Santhal Insurrection, Munda Rebellion, Bodo and Jarkhand Movement)
2.5 Feminist Movement (Devdasi Movement, Devi Aandolan, Sati Pratha)
2.6 Anti-Corruption Movement-2011
3. Political Movements and Human Rights
3.1 Freedom Movements
3.2 Peasant Movements (Naxal Bari Movement, Kheda Satyagraha)
3.3 Sarvodaya Movement and Land Reform Movements (Bhudan, Gramdan)
3.4 Trade Union Movements
3.5 Students Unrest/ Youth Movements (Navnirman Andolan)
4. Ecological/Environment Movements and Human Rights
4.1 Chipko Movement
4.2 Narmada Bachao Andolan
4.3 Bishnoi Movement,
4.4 Silent Velley Movement,
4.5 Jangal Bachao Andolan,
4.6 Role of State and Judiciary to protect Environment: PILs on Environmental Rights
5. Role of Various Institution and NGO for Promoting Human Rights
5.1 UN Principal Organs: General Assembly, Economic and Social Council
5.2 UN Subsidiary Organ: Human Rights Council and it’s Advisory Committee Cont. …….
References:
1. Baxi, Upendra, "Clemency, Extradition and death: The Judicial Discourse in Kehar Singh ", Journal of Indian Law
Institute, vol.30, no.4, Oct- Dec. 1998, pp.501-86.
2. Bhargava, G.S., "National Human Rights Commission: An Assessment of Its Functioning", in K. P. Saksena, ed.,
Human Rights: Fifty Years of India's Independence (New Delhi: Gyan Publishing House
3. Bag, R.K., "Domestic Violence and Crime against Women: Criminal Justice Response in India ", Journal of Indian
Law Institute, vol. 39, nos.2- 4, 1997
4. Batra,Manjula, Protection of Human Rights in Criminal Justice Administration: A study of the right of Accused in
Indian and Soviet Legal System (New Delhi: Deep and Deep, 1989)
5. Bava,Noorjahan, ed., Human Rights and Criminal Justice Administration in India (New Delhi : Uppal Publishing
House, 2000)
6. Bhagwati, P.N., " Human Rights in the Criminal Justice System", Journal of the Indian Law Institute, vol. 27, no.1,
1985, pp 1-22.
7. Rights and Criminal Justice in India: The System and Procedure, New Delhi: OUP, 2006.
8. Tyne, Claude H. Van, India Freedom Movement (Delhi: Akashdeep Publishing House, 1990)
9. J.K. Das, 2001, Human rights and Indigenous Peoples, A.P.H. Publishing Corporations New Delhi.
10. Indrani Sen Gupta (ed), 2005, Human Rights of Minority and Women’s, Isha Books, Delhi.
11. Jhon, K. Thomas (ed), 2005, Human Rights of Tribals, Isha Books, Delhi.
12. Dr. Janak Raj Jai, 1996, Emergency Excesses A Daylight robbery of Human Rights, Regency Publication, New Delhi.
13. Rajendra Singh, Social Movements, Old and New—A post-modernist Critique (Sage India 2001)
14. Ashwini Ray, “Human Rights Movement in India”, Economic and Political Weekly, (9 August 2003).
15. Ghanshyam Shah, Social Movements in India—A Review of literature (New Delhi: Sage 2004).
Course Outcome: This course would make the student acquaint with:
CO1: To sensitize the students with human right issues regarding administration of criminal justice and makes them
understand issues of human rights violations occurring in society.
CO2: The student will be able to understand the concept of Crimes, its causes and various forms of crime. They can
analyse the relevancy and adequacy of various forms of rights of the accused Prescribed by Indian law, The Prison
system in India and reforms needed if any.
CO3: It empowers them with knowledge of mechanism which is responsible for providing justice to the victims of
crime, lacunas existing in the system and mechanism to address the loopholes.
CO4: After this course students will be able to analyse, interpret and assess the challenges posed to the implementation
of human Rights in criminal justice and may provide legal aid to various victims of crime in their vicinity.
CO5: To able to analyse the Issues related to Drug trafficking and its legal framework.
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Course Content:
1. Conceptual Perspective of Criminal Justice System
1.1 Concept of Crime and Criminal Liability
1.1.1 Mens rea (Intention, recklessness, negligence, malice)
1.1.2 Mens rea under the Indian Penal Code 1860
1.2 Offences Involving Human Rights
1.3 Punishments and Human Rights
1.4 Role of Criminal Justice System
2. Rights of Accused under Criminal Justice System
2.1 Double Jeopardy - Right against self-incrimination
2.2 Fair Trial & Speedy Trial
2.3 Right of Accused at appellate and revision stage
2.4 Compensation
3. Institutions and Administration of Criminal Justice System
3.1 Ordinary Courts
3.2 Special Courts,
3.3 Nyaya Panchayats
3.4 Access to Legal Defence and Legal Aid
3.5 Prosecution Service
4. Drug Trafficking and Criminal Justice System
4.1 Drugs, Narcotics, Psychotropic Substance, Primary Drug Abuse
4.2 International Legal Regime
4.2.1 Salient feature of the Single Convention on Narcotic Drug 1961 and 1972
4.2.2 Salient feature of the Convention on Psychotropic Substance 1972
4.3 Indian Regulatory System
4.3.1 Penal provisions Bharatiya Nyaya Sanhita (BNS) and Customs Act
4.3.2 Judicial approach to sentencing in drug trafficking and abuse
4.3.3 The Narcotic and Psychotropic Substance Act, 1985.
5. International Perspectives of Criminal Justice System
5.1 International Norms on administration of criminal justice
5.2 U.N. General Assembly Resolutions
5.3 International Criminal Court (ICC)
Cont. …….
Course Outcome: After completion of the course the student will be able to:
CO1: Understand the interrelationship of science, technology and human rights and its impact on ethics,
morality and privacy.
CO2: Distinguish between positive & negative role of science & technology and its Impact on Human Rights.
CO3: Explain the impact of invitro fertilization and surrogate parenthood, abortion, organ transplant, Human
performance augmenting drugs and its technologies and euthanasia on human rights.
CO4: Define human rights perspective on new torture technologies like electric shock, trauma- inducing
drugs and psychotropic substances and other medical issues.
CO5: To create awareness amongst students with regards to legal developments in the context of emerging
technology and science across various fields.
CO6: To familiarize students with problems and perspectives between law, science and various forms of
evolving technologies.
CO7: To understand the needs for legal framework and regulatory control of science and technology and
can study these aspects so as to strike a balance between essential principles of human rights,
sustainable development, ethics, etc., with science and technology at the same time.
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Course Content:
1. Impact of Science and Technology on Human: Some Conceptual Issues
1.1 Concept of science & technology as a tool for furtherance of human and social welfare
1.2 Role of science & technology in contributing to development of human being
1.3 Negative role of science & technology
1.4 The on-going revolution in science & technology and its Impact
2. Right to Human Dignity: Some Ethical and Legal Issues
2.1 Biotechnological Perspectives (Experiments on Human Being)
2.1.1 Human cloning, in-vitro fertilization and Surrogate Parent hood
2.1.2 Organ transplant and sale of human organs
2.1.3 Human performance augmenting drugs and technologies
2.2 Life sustaining technologies (Artificial organs, Kidney dialysis, Life sustaining drugs)
2.3 Rights of the disabled (Artificial limbs, Mobile wheel chairs, Hearing aids, etc.)
2.4 Right to die in dignity and peace: Euthanasia
3. Science and Technological Impact on Right to Privacy
3.1 Technologies intruding into private life (various bugging devices, remote sensing)
3.2 Technologies that disturb public peace and private life (wanton use of loud speakers)
3.3 Article 21 of the Indian Constitution, other relevant legal provisions
3.4 International Guidelines for the Regulation of Computerized Personal Data Files 1990
4. Freedom from Torture: Use of Science and Technology
4.1 New torture technologies (Electric shocks, trauma-inducing drugs and psychotropic substances
4.2 Technologies for improvement of Police investigative techniques
(Finger print technologies, forensic medicine (DNA tests for identification)
4.3 Salient feature of International Conventions, Regimes and Norms
4.4 Article 21 of the Indian Constitution, other relevant laws prohibiting torture, or inhuman or
degrading treatment or punishment of persons in custody. Cont. …...
References:
Course Outcome: After completion of the course the student will be able to:
CO1: To sensitize the students on women’s human rights issues so as to promote a conducive society where
women may live in violence free atmosphere and may contribute in the overall development of the
society and nation.
CO2: To enhance awareness of students regarding legal provisions and working of different institutions in
protecting human rights of women. So, Students may become champions of human rights of women.
CO3: To empower them personally and help them create a gender sensitive society by offering legal aid in
their surroundings.
CO4: This course will go a long way in capacity building of women in particular and shunning violence
against them.
CO5: The students will be able to understand the gender equality.
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Course Content:
1. Concept and Status of Women: Gender Equality
1.1 United Nations and Status of Women - Setting the Global Gender Agenda
1.2 Status of Women in Contemporary Indian Society / Social and Legal inequality
1.3 Women as a vulnerable group and Causes of Vulnerability of Women
Poverty, illiteracy, lack of independence, oppressive social customs and gender bias
1.4 Magnitude and forms of Problems of Women
Violence against and abuse of women in public and private domains
2. Silent features of Human Rights Instruments on Women Rights
2.1 UDHR
2.2 UN Convention on Political Rights of Women (1952),
2.3 Convention on Nationality of Married Women (1957),
2.4 UNESCO Convention against Discrimination in Education (1960)
2.5 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages -
1962
2.6 Declaration on the Elimination of Violence against Women-1967
2.7 Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW)
and its Optional Protocol 1999
2.8 Beijing Declaration and Platform for Action - 1995
3. Women Rights in India
3.1 Indian Constitution and Women Right
3.1.1 Preamble, Fundamental Rights and Duties, Directive Principles of State Policy –
(Special provisions for the protection of women: Article 15(3), Article 39(d) & (e),
Article 42, Articles 243-D & 243-T)
3.1.2 Political rights of women (Women’s reservation in representative bodies)
3.2 Women Right through Legislation
3.2.1 Marriage, Divorce and Maintenance
3.2.2 Adoption and Guardianship
3.2.3 Right to Property (Hindu Succession Act, 1956 & Amendment 2005)
3.2.4 Right to Life (Commission of Sati (Prevention) Act, 1982)
Cont. ……
Course Outcome: Students who complete the course successfully will acquire:
CO1: An understanding of the concept and history of national and international norms of protection of children.
CO2: An improved ability to think analytically about the implementation and development of international and national
mechanism for child’s rights
CO3: An improved ability to conduct research on child related issues and getting solutions for the same.
CO4: To access the institutional framework for cross-national collaboration and the exchange of information.
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Course Content:
1. Definition, Concept and Status of Child
1.1 Definitions of Child and Childhood, The Emergence of the Idea of Child Rights in India
1.2 The Principle of the Best Interests of the Child
1.2.1 The Child’s Family – Rights and Responsibilities,
1.2.2 The Child’s Family – Adoption, Reproductive Technique and the Right to an Identity
1.3 The Foetus Rights as Human Rights: Sex Determination and Ultrasonography
1.4 Indian context of juvenile delinquency
2. Salient Features of International Human Rights Instruments on Child Rights
2.1 Convention on the Rights of the Child (CRC) 1989 & Optional Protocol to the CRC on the sale of
children, child prostitution and child pornography 2000
2.2 World Declaration on Education for All 1990
2.3 UN guidelines for the prevention of juvenile delinquency, 1990 (The Riyadh Guidelines)
2.4 UN Convention against Transnational Organised Crime, 2000 & the Protocol to Prevent,
Suppress, and Punish Trafficking in Persons, especially Women and Children-2003.
2.5 ILO Convention on Restriction and Prohibition on Child Labour including ILO Convention on
Child Labour (1990)
3. Children Rights in India
3.1 Child Rights Protective Measures under Indian Constitution
(Article 14, 15 (3), 21, 21(A), 23, 24, Article 39, (e), (f) ,45, 46 and 51)
3.2 Right to Survival – To Life, Food, Health, Name, Nationality
3.3 Right to Development - To Education, Care
3.4 Right to Protection – from Exploitation, Abuse, Neglect
3.5 Right to Participation – To Expression, Information, Thought, Religion
3.6 Right against Bonded or Forced Labour
4. Statutory Framework regulating Child Rights in India
4.1 Child Trafficking (Bharatiya Nyaya Sanhita 2023, Immoral Traffic (Prevention) Act, 1986 &
Others)
4.2 Child Marriage - Prohibition of Child Marriage Act, 2006
4.3 Right to Children to Free and Compulsory Education Act, 2009 (RTE Act)
4.4 Juvenile delinquency – (The Juvenile Justice (Care and Protection of Children) Act, 2015)
4.5 Sexual Abuse & Child Pornography (Protection of Children from Sexual Offences (POCSO) Act,
2012 and (Amendment) Act, 2019
Cont. ……..
References:
1. Archard, D. (2004), Children - Rights and Childhood, Routledge-Taylor and Francis Group, London and New York.
2. Awasthi, S.K, Kataria (R.P., 2002), Law Relating to Protection of Human Rights, Orient Publishing Company.
3. Bajpai, Asha (2003), 'Child Rights in India: Law, Policy, and Practice', Oxford University Press, New Delhi.
4. Batra. Manjula, (1990) The Law and the Indian Child, YWCA OF India, New Delhi.
5. Baxi, U., Reclaiming our Common Future: Human Rights of Children, The Child and the Law, UNICEF, India
Country Office, New Delhi.
6. Chandru. K., Ramaseshan. Geetha, Thankkachalam. Chandra (Eds), (1998) Child and Law in India, Indian Council
for Child Welfare, Chennai, Tamilnadu.
7. Choudhry, R.N., (2007), Law Relating to Juvenile Justice in India, Orient Publishing Company, New Delhi,
Allahabad.
8. Das, Bikash (2000), 'Legal Matrix-Exploring Rights of the Child: Looking at Indian Laws through the Lenses of
Convention on Rights of the Child", CLAP, Cuttack, Orissa.
9. Diwan, Paras, Diwan, Peeyushi, (1996), Children and Legal Protection, DEEP & DEEP PUBLICATIONS, New
Delhi.
10. King, M. (ed), (1981), Childhood, Welfare and Justice, Batsford Academic and Educational Ltd., London.
11. Kumari, V. (2004), The Juvenile Justice System in India - From Welfare to Rights, Oxford University Press, India.
12. Paranjape, NY, (1997), Studies in Jurisprudence and Legal Theory, Central Law Agency, Allahabad.
13. Bimal Kumar, 2000, Problems of Working Children, A.P.H, Publishing Corporation, New Delhi.
14. K.P, Saksena, (ed), 2003, Human Rights and The Constitution vision and the Reality, Gyan Publishing House, New
Delhi.
15. Philip Aiston (et.aI.), Children, Rights and the Law.
16. Geraldine Van Bueren, The International Law on the Rights of the Child, (1998).
17. N.K.Chadrabarti, Juvenile Justice in the Administration of Criminal Justice, (1999).
Course Outcome: Students who complete the course successfully will acquire:
CO1: An understanding of concept of exclusion and marginalization of disadvantage people and vulnerable
groups.
CO2: Achieve ability to assess the practical effectiveness of different mechanisms for implementing or
enforcing human rights of disadvantage people and vulnerable groups.
CO3: Causal factors of human rights violations, human rights norms, and legal remedies available to these
disadvantage people and vulnerable groups in national and International legal framework.
CO4: Understand key topics in LGBTQ and human rights in a multifaceted way and Conduct careful, rigorous
research on human rights and LGBTQ issues.
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Course Content:
1. Meaning and Concept of Vulnerable and Disadvantaged Groups
1.1 Customary and Kind of Groups
1.2 Identification of Disadvantaged People
1.3 Economic and Social Inequalities
1.3.1 Land Rights, Rural Indebtedness
1.3.2 Impact of Forest Law on Tribal Community
1.3.3 Bonded Labour; Issues of Human Dignity
1.4 Socio-Economic and Cultural Problems of Vulnerable and Disadvantaged Groups
2. Human Rights of Vulnerable Groups
2.1 Women’s Rights: International and National Standards
2.2 Children’s Rights: International and National Standards
2.3 Scheduled Castes and Scheduled Tribes
2.3.1 Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989
2.3.2 Constitutional and Legal Rights of Scheduled Caste and Scheduled Tribes.
2.4 Elderly Persons
2.4.1 The United Nations Principles on Rights of Elderly
2.4.2 The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and other
Provisions
3. Human Rights of Disadvantaged Groups I
3.1 Stateless Persons, internally displaced persons and refugees
3.1.1 Concept of Nationality and Citizenship
3.1.2 Concept and Causes of Statelessness and its International Legal Standards
3.1.3 Consequences of Statelessness on Human Rights
3.2 Indigenous Peoples
3.2.1 International Norms Relating to Tribal and Other Indigenous Groups
3.2.2 UN Declaration on the Indigenous Peoples 1995,
3.2.3 UN Voluntary Fund for Indigenous Populations 1985
3.2.4 UN Declaration on the Rights of Indigenous Peoples 2007
3.3 Rights of Migrant workers
3.3.1 International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families-1992
3.3.2 Right of Migrant Workers in India
4. Human Rights of Disadvantaged Groups II
4.1 HIV positive persons and AIDS victims and Human Rights: International and National Scenario
4.1.1 International Human Rights Obligations and HIV
4.1.2 States’ obligation to respect and protect Human rights and Violations Cont. …….
References:
1. Sinus, J., Women, Health and the Environment: An Anthology: Tabular Information on Legal Instruments dealing
with HIV Infections and AIDs (Geneva: WHO, 1994).
2. Upendra Baxi : Dignity In and With Naz, Law Like Love
3. B.D. Sharma, Rights of Tribals, Journal of the NHRC, Vol. 1, 2002, 79-132
4. Chandrima Chatterjee and Gunjan Sheoran: Vulnerable Groups in India, Centre for Enquiry into Health and Allied
Themes, 2007, Mumbai
5. P.K. Pandey (Ed) Human Rights, APH Publishing Corporation, 2012
6. Ram Kishore Chppudhury and Tapash Ghan Choudhury: Judicial Reflections of Justice Bhagwati, Eastern Law
House, 2008
7. Susan Timberlake: UNAIDS: Human Rights, Ethics, and Law; Health and Human Rights, Vol.3. No.1 1996 available
at http://www.hhrjournal.org/archivespdf/4065286.pdf.bannered.pdf
8. TSN Sastry Sex Workers and Human Rights: Indian Scenario in the Proceeding the ISIL of the International
Conference 2001, Vol II pp 526-538)
9. Turner Bryan S.: Vulnerability and Human Rights: 2006, The Pennsylvania University Press
10. Bilder, R.B. (1992). An overview of international human rights law. In Guide to international human rights practice
(ed. H. Hannum) (2nd edn), pp. 3–18. University of Pennsylvania Press, Philadelphia, PA.
11. Chatterjee Mary, Sharma Ursula edited (2003), Contextualising Caste; Post-Dumontian Approaches, Rawat
Publications, New Delhi
12. International Covenant on Economic, Social and Cultural Rights, UN General Assembly Resolution 2200A (XXI),
A/6316 (1966)
13. United Nations. (2011). The United Nations Speaks Out: Tackling Discrimination on Grounds of Sexual Orientation
and Gender Identity. [Brochure]. www.ohchr.org/EN/Issues/Discrimination/Pages/LGBTBrochure.aspx
14. G. S Bhargava and R.M.PaI, Human Rights of Dalit Societal Violation, (1999).
Course Content:
1. Meaning, Nature and Scope of Environment
1.1 Meaning and Concern for Environment, historical Perspective,
1.2 Pollution and its effects on environment and life on earth,
1.3 Right to clean environment: Right to environment versus right to development
1.5 Threats to environment
2. International Approach to Environment Protection and Human rights
2.1 Interrelation between Environment and Human rights
2.1.1 Stockholm Conference (The United Nations Conference on Human Environment, 1972)
2.1.2 Aims and Objectives and Framework of the Conference,
2.2 United Nations Declaration on the Human Environment, 1972
2.3 World Commission on Environment and Development (1987)
2.4 The United Nations Conference on Environment and Development, (UNCED)
(Earth Summit, 1992) Agenda 21: Blue Print for action in 21st century and Human rights
2.4.1 Aims, Objectives and Framework of the Conference,
2.4.2 Earth Charter or Rio Declaration
2.5 General Assembly Special Session on the Environment (1997) (Earth Summit +5)
3. Human Rights Approach to Environmental Protection
3.1 Constitutional Perspective towards Environment
3.2 Traditional Knowledge and Environment Protection
3.2.1 Right to Indigenous People
3.2.2 Intellectual Property aspect of Traditional Knowledge
3.2.3 Issues of Benefit Sharing of Traditional Knowledge
3.3 Rights of Forest Dwellers
3.3.1 The Scheduled Tribes and other Traditional Forest Dwellers (Recognition and Forest
Right) Act, 2006
3.4 Right of Future Generations Cont. …….
References:
1. John, K. Thomas (ed) 2005 Human Rights of Tribal Isha Books, New Delhi
2. Amar Gupta 2005 Human Rights of Indigenous People Isha Books H.M.Seervani(ed) 2006
3. Constitutional law of India Universal Law Publisher, Co. Pvt. Ltd.
4. J.K.Das, 2001 Human Rights and Indigenous Peoples A.P.H. publishing Corporation, New Delhi
5. Macrory (2010) Regulation, Enforcement and Governance in Environmental Law (Hart Publishing
Paperback)
6. Holder and Lee, Environmental Protection, Law and Policy (Cambridge University Press, 2007)
7. Birniepatricia Boyle Alan and Redgwell Catherine, International Law and the Environment, 3rd Edition,
Oxford University Press.
8. Stranks Jeremy, The A-z of the Environment, Viva Books Publiction
9. Ramaswamy R Iyer, Water and the Laws in India (Centre for Policy Research, New Delhi, Sage
Publications 2009).
10. Jain, S. N., Alice Jacob, and Subash C. Jain (1971), Interstate Water Disputes in India: Suggestions for
Reform of Law (New Delhi: The Indian Law Institute)
11. Rao, D. S. (1998), Inter-State Water Disputes in India: Constitutional and Statutory Provisions and
Settlement Machinery.
12. Leelakrishnan P, Environmental Law in India, Lexis Nexis- New Delhi
13. Shyam Diwan, Armin Rosencranz, Environmental Law and Policy in India, Oxford
14. Legal Control of Environmental Pollution by Mahesh Mathur – Deep & Deep Publication, New Delhi
15. Environmental Law by Dr H N Tiwari – Allahabad Law Agency
16. Law Relating to Environmental Pollution and Protection by Dr N Maheswar Swamy – Asian Law House
17. Environmental Law in India, P Leelakrishnan, LexisNexis (2016)
18. Environmental Law, S C Shastri, Eastern Book Co (2017)
19. Gromley W.P., Human Rights and Environment, (1976)
Course Content:
1. Right to Health as Human Rights and Patent Regime
1.1 Human Health is Human Rights
1.1.1 Key aspects of the Right to Health
1.1.2 Link between the right to health and other human rights.
1.1.3 Right to Health under International Law or Instruments.
1.1.4 Status of Right to Health under Indian Constitution
1.2 Obligations on States and Responsibilities of Others towards the Right to Health
1.2.1 3 types of obligations, (1) The obligation to respect, (2) to protect & (3) to fulfil
1.2.2 Responsibilities of United Nations bodies and specialized agencies
1.3 Patent Regime and Rights to Health
1.3.1 Doha Declaration on the TRIPS Agreement and Public Health and its amendments
1.4 Judicial Response towards Right to Health, Role of Governments
2. Corruption and Human Rights
2.1 International Conventions on Corruption
2.1.1 UN Convention against Transnational Organized Crime,2005 and the Protocols
2.1.2 United Nations Convention against Corruption (UNCAC) 2005
2.1.3 Other Regional Efforts against Corruption
2.2 Twenty Guiding Principles for the Fight against Corruption
2.3 The Prevention of Corruption Act, 1988 and It’s (Amendment) Act, 2018
2.4 Landmark Cases and Judgements on Corruption
2.5 Transparency International Movement
3. Right to Information and Human Rights
3.1 Right to Information under International Conventions and Declarations
3.2 Right to Information as Fundamental rights under Indian Constitution
3.3 The Right to Information Act, 2005 (Right to know and Right to obtain information from public authorities)
3.4 Right to Information in different Statutes in India
(The Official Secrets Act, 1923; The Public Records Act, 1993; The Public Records Rules, 1997; The Freedom of Information Act, 2002;
The Commission of Inquiry Act, 1952; The Commission of Inquiry (Central) Rules, 1972, Bharatiya Sakshya Adhiniyam (BSA) etc.)
References:
1. Compendium of International Legal Instruments on Corruption, 2nd Edition, United Nations Office on Drugs and
Crime, Vienna UNITED NATIONS New York, 2005
2. EJF (2017) BEYOND BORDERS: Our changing climate – its role in conflict and displacement
3. Deng, Francis. "The guiding principles on internal displacement" E/CN.4/1998/53/Add. l, February 11. New York,
NY: United Nations.
4. Information note: Protect the human rights of all migrants, OHCHR.
5. Nationality and Statelessness, A Handbook for Parliamentarians, published by the Inter Parliamentary Union with the
United Nations High Commissioner for Refugees, 2005
6. https://www.right2info.org/constitutional-protections
Course Outcome: After completion of the course the student will be able to:
CO1: An understand some specific societal problem of Human Rights violation against weaker sections and legislative
provisions for their protection and Explain the constitutional vision of social justice
CO2: Conceptualize the scope of whistle blowing in constitutional governance and describe the merits and demerits of
the decision-making institutions and distinguish the working of Courts and Tribunals.
CO3: Explain the judicial, legal and administrative issues involving the access to justice as human rights.
CO4: Student will be able to analyse and identify state obligation to the promotion and protection of human rights under
the United Nations Charter at national level with its mechanism and Role of NGO and education of Human rights.
CO5: Familiarising students with the judicial activism in protecting human rights and enables them to evaluate the
adequacy of the methods of enforcement.
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Course Content:
1. Societal Problems and Status of Human Rights
1.1 Indian Society: Social Structure, Social Inequality, Caste Hierarchy
1.2 Core problems: Poverty, illiteracy, Custodial violence
1.3 Some Specific Problems of violation in public domain
1.3.1 Communal and Caste conflicts, State, landlords, employers, etc.
1.3.2 Discrimination on Basis of Cast, Social, Cultural, Political and Economic
1.4 Violations in private domain: Within the Family, by Dominant
2. Problems of Human Rights Enforcement in India
2.1 The Directive Principles of State Policy: The Question of Effectiveness and Enforcement
2.2 Fundamental Rights and Repressive Laws: Preventive Detention, MISA, TADA & POTA,
Armed Forces (Special Powers) Act, National Security Act and Criminal Law Amendment etc.
2.3 Legislation for the Weaker Sections: The Question of Enforcement
2.4 Social prejudices against Caste, Women, Minorities etc.
3. Human Rights Protective Mechanism at Global Level
3.1 UN General Assembly and UN Security Council,
3.2 UN and United Nations High Commissioner for Human Rights (OHCHR)
3.3 ECOSOC - United Nations Commission on Human Rights(UNCHR) (up to 2006) & United
Nations Human Rights Council(UNHRC),
3.4 United Nations Human Rights Committee under the ICCPR
3.5 International Court of Justice (ICJ) & International Criminal Court (ICC)
3.6 ILO Declaration on Fundamental Principles and Rights at Work
4. Constitutional Governance and Human Rights Protection
4.1 Constitutional provision: Legislature, Executive, Judiciary
4.2 Constitutional Remedies: Articles 51, 253 with 246, PIL (Art. 32 & 226)
4.3 Tribunals: (Article 323 - A & B) Administrative Tribunals, NGT, Water Disputes Tribunal etc.
4.4 Role of Judiciary through Land mark Judgements - PIL
5. Institutional Frameworks for Human Rights Enforcement in India
5.1 National Specialized Agencies: Law Commission, SC/ST Commission, Minorities Commission,
Women’s Commission, Child Right Commission and Human Rights Commission
5.2 Professional Councils: Press, Medical, Bar
5.3 NGOs, Social movements and various pressure groups
5.4 Human Rights Education: Problems and Prospects. Cont. …….
References:
1. Bhagwati, P.N., Legal Aid as Human Rights (Dharwad: Jagrut Bharut, 1985). Bhargava, G.S. and
2. R.M.Pal, ed., Human Rights of Dalits: Societal Violation (New Delhi: Gyan Publishing House, 2000).
3. Bhatia, K.L. and others, Social Justice of Dr. B.R. Ambedkar (New Delhi: Deep and Deep, 1995).
4. Borgohain, Bani, Human Rights: Social Justice and Political Change (New Delhi: Kanishka Publishers, 1999).
5. Chandra, Shailja, Justice V.R. Krishna Iyer on Fundamental Rights and Directive Principles (New Delhi: Deep and
Deep, 1998).
6. (2003) Human Rights: International protection monitoring, enforcement (Paris: UNESCO Publishing).
7. D.D.Basu, Human Rights in Indian Constitutional Law, (1994).
8. Vijay Chitnis, (et.al.). Human Rights and the Law. National and Global Perspectives, (1997).
9. B.P.Singh Seghal, Law, Judiciary and Justice in India, (1993).
10. James Vadakkumchery, Human Rights and the Politics in India, (1996).
11. D.R.Saxena, Tribals and the Law, (1997).
12. Poornima Advani, Indian Judiciaty: A Tribute, (1997).
13. Justice Venkataramiah, Human Rights in the Changing World, (1998)
14. Rekha Singh & Bhavesh Bharad’s Bharatiya Nyaya Sanhita, 2023, Supriya Publication
15. Bhavesh Bharad & Rekha Singh’s New Criminal Major Act, Supriya Publication
16. Paramjit S.Jaiswal and Neshtha Jaiswal, Human Rights and the Law, (1996).
Course Outcome: After completion of the course the student will be able to:
CO1: The students after completion of their master degree will be well equipped with teaching styles, teaching
objectives and teaching methods.
CO2: Students can assist departments and program to think about their curriculums. When outcomes are defined,
departments can map the outcomes onto the courses that they teach to identify areas within the program where
outcomes may overlap (or otherwise be redundant) or where gaps may exist.
CO3: Allow instructors to indicate what knowledge, skills and abilities students are expected to have mastered at the end
of their course allow them to communicate expectations to students.
C04: Provide students with a way to articulate the knowledge and abilities that they have gained and to express what
they know to others.
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Content:
Each student will be assigning two topics in advance to deliver class room teaching. Topic should be
on from the area of specialization chosen topic or issue from the subjects taught in the last three
semesters. Each class will be of 60 minutes by selecting any methods of teaching relating to Law and
shall be assessed according to his/her performance.
Course Outcome: After completion of the course the student will be able to:
CO1: This subject will help the students to enhance their research, analytical and writing skills.
CO2: Student could improve their analytical and cognitive abilities
CO3: It will help student to use available published information for research work.
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Content:
The doctrinal research, is concerned with analysis of the legal doctrine and how it has been developed and
applied” and these types of research known “as pure theoretical research” or “typical legal research”.
Doctrinal research typically involves source-based research (Secondary Data) and it would be unusual to
undertake qualitative or quantitative research under the doctrinal methodology.
The doctrinal legal research method involves an analysis of legal propositions or legal concept is the main
base of the studies. However, the legal propositions from enactments, administrative rules and regulation,
cases law of courts, statutes and other legal sources etc. can be a part of doctrinal legal research.
Despite this, it is not impossible to exclude doctrinal analysis from other methods. For example, used
qualitative methods to analyse the language and language use of statutes. (Whilst the project had other,
non-doctrinal goals, the aim to analyse statute language use is a function of doctrinal research).
Tools of doctrinal Research:
1. Statutory materials.
2. Reports of Committees.
3. Legal history.
4. Judgments.
5. Case Reports.
6. Case and Digest
7. Conference Proceedings
8. Online available information
9. Any information which is already published
Course Outcome: After completion of the course the student will be able to:
CO1: To understand the importance of Socio Legal Research
CO2: To understand the important aspects of Doctrinal and non-doctrinal
CO3: To understand the Relevance of empirical research
CO4: To understand the difference between Induction and deduction
CO5: Learn various methods of primary data collection such as questioner method, interview method, sampling method.
CO6: Learn the Tabulation of collected primary data
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Content:
The Non-doctrinal research is carried on by collecting or gathering information by first hand study
of the subject, it relies on experience or observation without due regard to any theory or system and
hence it is also called as experimental type of research.
In Non-doctrinal research, the researcher attempts to investigate effect or impact by actual
examination or observation of the functioning of law and legal institutions in the society.
Non-doctrinal research, also known as social-legal research, is research that employs methods taken
from other disciplines to generate empirical data that answers research questions. It can be a
problem, policy, or a reform of the existing law.
A legal non-doctrinal finding can be qualitative or quantitative, and a dogmatic non-doctrinal
finding can be part of a large-scale project.
The non-doctrinal approach allows the researcher to conduct research that analyses the law from the
perspective of other science disciplines, and to employ those disciplines in drafting the law.
This study combines both primary / secondary research methods.
Thus, gathering and analysing the data will be done on the basis of literature review, magazine,
journals, articles, newspaper, law books, news on web portal, survey, questionnaire etc.
Steps in Non-Doctrinal Research:
1. Introduction (context and general background)
2. Statement of research problem.
3. Objectives
4. Literature review
5. Hypotheses / research question.
6. Data Collection/ Survey
7. Data analysis
8. Discussion (Critical commentary by examining the objectives and hypotheses – this part can be divided into Chapters)
9. Conclusions / Recommendations
10. Bibliography
11. Appendix
The Non-Doctrinal Research must comply with the following format:
1. Size of paper: A4.
2. Margins: Top: 1”, Left: 1.5”, Right: 1” and Bottom: 1”.
3. Paper quality: Normal Paper.
4. Printing: printing on both sides only with 1.5 line spacing.
5. Font: Times New Roman.
6. Title / Top and Inner first pages: Title of Project Report.
7. Declaration by the Scholar.
8. Others papers
9. Table of contents.
Course Outcome: After completion of the course the student will be able to:
CO1: This subject will help the students to acquaint with analyse the practical approach dealt by different institute.
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Note:
As a part of clinical research each student has to visit for 10 working days in two different Legal
Institutions / NGO to each to understand the functioning of these institutions and its relation with the
Human rights and society related issues at large and has to submit a report for evaluation.
The Clinical Research Report must comply with the following format:
1. Size of paper: A4.
2. Margins: Top: 1”, Left: 1.5”, Right: 1” and Bottom: 1”.
3. Paper quality: Normal Paper.
4. Printing: printing on both sides only with 1.5 line spacing.
5. Font: Times New Roman.
6. Title / Top and Inner first pages: Title of Clinical Research Report.
7. Declaration by the Scholar.
8. If Photographs available
Course Outcome: This subject will help the students to enhance their research, analytical and writing skills.
CO1: This subject will help the students to enhance their research, analytical and writing skills.
CO2: Student could improve your analytical and cognitive abilities
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Content:
This course is a research oriented. Every student has to carry out Dissertation should be on topics from the area
of specialization chosen topic or issue from the subjects taught in the last three semesters and approved by the
Departmental Committee. The dissertation is expected to be an in depth and critical/analytical/comparative
analysis of a legal problem of contemporary significance in the field chosen by the candidate and must
incorporate copious reference to judicial decisions, articles and books relevant to the topic in the form of
footnotes and bibliographical references, Typed and bound dissertations shall be of uniform pattern with
applying Legal Research Methodology which is to be submitted for evaluation internally and externally has to
appear for viva-voce.
1. Students are required to follow the STEPS given below for preparation of Dissertation:
Title of the study
Objectives of the study / Significance & Utility of the Study
Research Problem/ Problem of the study
Objectives of the study
Hypothesis
Review of Literature
Operational concepts and variables of the study
Research Design: a) Nature/ Type of the study b) Method of data collection c) Sources of data
Collection
Limitations of the study
Possible contribution of the study
Chapterization / Scheme of the Study
2. LL.M students are required to follow the following STRUCTURE for Dissertation:
Cover
Cover Page
Acknowledgement
Declaration Certificate by Candidate
Certificate
List of Case Laws
List of Tables
Abbreviations
Contents
Chapter I: Introduction (Theoretical Background and Research Methodology)
Chapter II to V
Chapter VI: Conclusions (Major Findings and Suggestion)
Bibliography (Books, Journals, Newspapers, Websites, Research Reports, Magazines etc.)
Annexures (Interview Schedules, Questionnaires, Master Charts, Acts, Bills, Maps etc.)