KAMKUS COLLEGE OF LAW

B.A.,LL.B. IVTH Semester

LAW OF HUMAN RIGHTS
Code (BL-4005)

UNIT-I

DETAILED ANSWER QUESTIONS

Q.1. Define the term Human Rights. Discuss the development and concept of
human rights law in India.
ANS:- INTRODUCTION
Human rights are a special sort of inalienable moral entitlement. They attach to all
persons equally, by virtue of their humanity, irrespective of race, nationality, or
membership of any particular social group. Human rights belong to an individual as a
consequence of being human. The term came into wide use after World War II, replacing
the earlier phrase "natural rights," which had been associated with the Greco-Roman
concept of natural law since the end of the Middle Ages. As understood today, human
rights refer to a wide variety of values and capabilities reflecting the diversity of human
circumstances and history. They are conceived of as universal Universality of human
rights is controutrsial, applying to all human beings everywhere, and as fundamental,
referring to essential or basic human needs.

Human rights are based on the principle of respect for the individual. Their fundamental
assumption is that each person is a moral and rational being who deserves to be treated
with dignity. They are called human rights because they are universal. Whereas nations or
specialized groups enjoy specific rights that apply only to them, human rights are the
rights to which everyone is entitled, no matter whom they are or where they live, simply
because they are alive.

MEANING AND DEFINITION OF HUMAN RIGHTS

Human rights may be regarded as those fundamental and inalienable rights which are
essential for life as human being. Human rights are derived from the principle of Natural
Law.

The expression "human rights" denotes all those rights which are inherent in our nature
and without which we cannot live as human beings. In other words Human Rights are the

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rights which are possessed by every human being, irrespective of his or her nationality,
race, religion, sex etc., simply because he or she is a human being.

Human Rights and Fundamental Freedoms allow us to fully develop and use our human
qualities, our intelligence, our talents and our conscience and to satisfy our physical,
spiritual and other needs. They are based on mankind's increasing demand for a life in
which the inherent dignity and worth of each human being will receive respect and
protect.

According to Section 2(1) (d) of The Protection of Human Rights Act, 1993, “human
rights” means 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.

According to Justice Durga Das Basu, “Human rights are those minimal rights, which
every individual must have against the State , or other public authority, by virtue of his
being a member of human family, irrespective of caste, colour, creed, place of birth, sex,
cultural differences, or any other consideration” In short D.D. Basu defined human rights
as those rights, which even, individual must have against the State or public authority
by-virtue of his being a member of the human family irrespective of any other
considerations.

According to R.J., “human rights are the rights that everyone equally has by virtue of his
very humanity and also by virtue of his being grounded in an appeal to our human
nature”.

The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as
“rights derived from the inherent dignity of the human person.” Human rights when they
are guaranteed by a written constitution are known as “Fundamental Rights” because a
written constitution is the fundamental law of the state.

Justice Nagendra Singh of International Court of Justice opined that respect for the
human personality and its absolute worth, regardless of colour, race, and sex are the very
foundation of Human Rights.

ORIGIN, DEVELOPMENT AND CONCEPT OF HUMAN RIGHTS

The history of origin and development of human rights is very fascinating. The roots of
human rights are found very deep in the eternity in the ancient and ancient most cultures

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which have been rooted out by passage of time and rule of human atrocities or
barbarianism of certain tribes. The origin and development of Human Rights has been on
two bases, the first is the National and the second is the International.

ON THE NATIONAL BASE

The conception of Human Rights got its breed to originate and develop in the form of
religion in different countries and in different times. The conception may be felt to
originate in the ideas of mercy, kindness and pity on human beings in various scriptures.
Vedas are the most ancient or the first religious book of mankind, revealed in Aaryavarta
the great land of Aryans. Much earlier than the Greeks and Romans, Ancient Indian
Philosophers and thinkers expounded a theory of higher moral law of Dharma about 5000
year ago, with a view to establish harmonious social order free from the traces of
conflicts, exploitations and miseries. It is this Dharma of the Vedic period the supreme
law, which sustained individuals together in society and provided for the protection of the
right of man.

In the Greek and Roman Laws, the principles of International Law appear to be attached
with the principles of natural justice. Plato (427-348 B.C.) was one of the earliest writers
to advocate a universal standard of ethical conduct. The stoic philosophers found all
creatures being pervaded by a Universal Power, which principle was already established
in the period of Mahabharata (5000 BC)

By the end of the middle ages, the liberal political principles were affiliated with the
principles of natural justice and a social need of recognition of human rights was felt to
be turned into reality rather a mere philosophy. During this very period, the failure of the
rulers to fulfil the mandates of natural law and unexpected liberty of individual
expression, the principles of natural law took their steps to take shape of human rights.

The modern version of human rights jurisprudence may be said to have taken birth in
India at the time of British rule. The origin of this ideal in India lies in the history of India
especially in the struggle for freedom against the British rulers. Charter of Liberty is one
of the steps towards the realization and implementation of Human Rights. Magna Carta
of 1215, Petition of Rights of 1628, Habeas Corpus Act of 1679, Bill of Rights of 1689
are some of such steps taken in England.

MODERN CONCEPTION OF NATURAL LAW BEARING HUMAN RIGHTS

It was particularly the 17th and 18th centuries in which the conception of natural law and
the natural rights inherent in it were originated. During the 18th century John Locke
broadly discussed that certain rights are apparently available to a person being a human
being only, because in the state of nature they existed and the main rights of those were
the right to life, right to liberty and right to property. When the humanity entered the civil
social life pursuant to social contract, then the enforcement only of such rights was
surrendered to the State and not these rights themselves. The state which can not ascertain
these reserved rights whereas the State itself exists under that contract that obliges it to
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protect the interests of its members that is the subjects or people then it gives birth to a
responsible and popular revolution.

SOCIAL CONTRACT THEORY

Social contract theory was another cause which survived the conception of human rights
and pressed its power for the development of it. These social contract writers revitalized
the concepts of natural rights and put forward certain dynamic contents which greatly
influenced the American and French Revolution.

1. American Revolution: The American Revolution period from 1763 to 1788 was a
very important age of constructive ideas and progressive expectations. There were
many factors which contributed towards the rise of this revolt, for instance, the
growing importance of the notion of natural rights teachings of the writers of social
contract doctrine, the British Bill of Rights of 16896 and the coercive actions of
George III (1760-1820) and his predecessors.

2. French Revolution: The Declaration of the Rights of Man and Citizen was adopted
on August 26, 1789 by the representatives of the French people in the National
Assembly. The said Declaration contains some important human rights which are as
follows-
 Men are born and remain free. (Article-I)
 The natural and imprescriptible rights of man, such as, liberty, property, security
and resistance to oppression are to be preserved. (Article-II).
 No man may be indicted, arrested or detained in cases except in accordance with
law. (Article-VII)
 Only strictly necessary punishments may be established by law and no one may be
punished except by virtue of a law. (Article-VIII)
 Every man being presumed innocent until judged guilty. (Article-IX).
 No one may be disturbed for his opinion in religion (Article-X).
 Freedom of opinion is one of the most precious of the rights of man (Article-XI)
 Property being an inviolable and sacral right is not to be deprived of except for an
obvious requirement of public necessity, certified by law and on condition of just
compensation in advance. (Article OXVII).

At the international level, rules and procedure for protection of human rights were
developed when there were abuses of the rights of the foreigners by local authorities. A
number of international tribunals and claims commission were set up throughout the
nineteenth century to maintain minimum standards for treatment of aliens in a country.
The community of states has increasingly realised that the welfare of individual is a
matter of international concern irrespective of his nationality. One of the achievements in
this regard in the international field was to confer international protection to nationals of a
state who were minorities within its territory. At the end of the First World War, the
principal Allied and Associated Powers concluded a series of treaties with countries in

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Eastern Europe and the Balkano which contained provisions to the effect that all
inhabitants of a state irrespective of their language, race or religion were to be given full
protection of life, liberty, and free exercise of any creed, religion or belief. After the
formation of the League of Nations in 1919 nationals who belonged to social, religious or
linguistic minorities were assured the equal treatment and security in law and in fact as
other nationals. All these stipulations constituted obligations of international concern
under the guarantee of the League of Nations . These treaties were ineffective after some
years. After the Second World War the United Nations was not indifferent to protection
of minorities.

After the recognition of the French Declaration, the Western and Eastern European
countries, Soviet Union of Rusia and Asian and some other countries of the world also
recognised human rights in their Constitutions.

The expression 'Fundamental Rights' of man was stated in the declarations and
constitutional instruments of many states. For instance, the Declaration of Independence
of the Thirteen United States of America in 1776 (The Virginia Declaration, 1776), the
constitution of the United States of 1787 with amendments in 1789, 1865 and 1919
specified a number of rights of man. The Virginia Declaration of Rights affirmed that all
men are by nature equally free and independent and have certain inherent rights. Since
the beginning of the nineteenth century it was recognised by the constitutional law of
many states that human beings possess certain rights, worth of the human personality
began to be realized.

VIRGINIA BILL OF RIGHTS

This Bill of Rights is a Declaration of rights made by the representatives of Virginia and
contains a set of human rights which are as follows-

1. That all men are by nature equally free and independent and have certain inherent
rights, namely, the enjoyment of life, liberty and acquiring and possessing property
(Section 1)
2. That no man or set of men are entitled to exclusive or separate emoluments or
privileges from the community (Section 4).
3. That an accused has a right to demand the cause and nature of his accusation, to be
confronted with the accusers and witnesses to call for evidence in his favour and to a
speedy trial by an impartial jury, nor can he be compelled to give evidence against
himself; that no man can be deprived of his liberty except by the law of the land or
the Judgement of his peers. (Section 8).
4. That no cruel and unusual punishment ought to be imposed. (Section 9).
5. That the freedom of the press is one of the great bulwarks of liberty. (Section 12)
6. That all men are equally entitled to the free exercise or religion according. to the
dictates of conscience.

ON INTERNATIONAL BASE
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At the end of the First World War of 1919, some attempts on modest level were made
through the treaty of Versailles to promote and universalise human rights, but it met with
no success. It was consistently realised that the rights of individuals must be universalised
so that it may be guarded against its violation by one's own state. Influenced by such
desires, the Institute of International law initiated measures to study and formulate the
human rights provisions. Its pronouncements had no validity except the prestige of the
members which they held. Its chief aim was "to extend to the entire world international
recognition of the rights of man". Accordingly, a proclamation of the right of man was
issued by it in 1929. In all six articles were adopted which prescribed the duties of every
state.

After the end of the First World War, some constructive changes were begun to be
reflected. They began to take a deep interest in the protection of Human Rights. In the
conduct and practice of League of Nations the evidence of the protection of the rights of
the minorities and their right of self determination are found. The special consequential
benefit of the League of Nations, the Anti-Slavery convention (convention in protest of
Slavery Custom) of 1922 may be taken. In the same way a child welfare committee
prepared the Geneva Declaration on the rights of the child, and inspired many nations to
accept it. However, the League of Nations rejected this declaration in 1924. In other
spheres of the international law also the universal interest for individual rights was
visible. The International Labour Organisation, the Committee on International
Intellectual Cooperation and the Health Committee which was formed under the auspices
of the League of Nations are worth mention. These organisations worked to form an
atmosphere by their actions for the entry of the League of Nations therein, so that human
states for workmen at the international level may be ascertained.

CONCEPT OF HUMAN RIGHTS

The concept of human rights is based on the belief that every human being is entitled to
enjoy her/his rights without discrimination. Human rights differ from other rights in two
respects.

Firstly, they are characterised by being:

a) Inherent in all human beings by virtue of their humanity alone (they do not have,
e.g., to be purchased or to be granted);
b) Inalienable (within qualified legal boundaries); and
c) Equally applicable to all.

Secondly, the main duties deriving from human rights fall on states and their authorities
or agents, not on individuals.

One important implication of these characteristics is that human rights must themselves
be protected by law („the rule of law‟). Furthermore, any disputes about these rights
should be submitted for adjudication through a competent, impartial and independent
tribunal, applying procedures which ensure full equality and fairness to all the parties,
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 and determining the question in accordance with clear, specific and pre-existing laws,
known to the public and openly declared.

The concept of human rights can be understood as universal, incontrovertible and

subjective. Human rights are universal since they belong to every human being without
any distinction of ethnicity, race, gender, religion, or type of government. It is
incontrovertible, that is, they are absolute and innate. Human rights are subjective as they
are properties of individuals who possess them because of their capacity for rationality,
agency and autonomy.

Today, the concept of human rights includes civil and political rights or public liberties,
economic, social and cultural needs particularly with regard to development, the
environment and self-determination. As said, it is the state's responsibility to protect and
promote human rights. It is also the duty of the state to create conditions for peaceful
existence which enable human rights to be enjoyed by every individual in that state. But
with the increasing risk of violation of human rights resulting from the activities of the
state as well as non-state actors, international law, whether in its universal or regional
manifestation, also guarantees and promotes the enforcement and observance of human
rights

CONCLUSION
Thus the term 'Human Rights' came somewhat late in the vocabulary of mankind. It is a
twentieth century name for what has been traditionally known as natural rights or the
rights of man. The term 'natural law' was replaced because the concept of natural law had
become a matter of great controversy and the phrase 'the rights of man' was found
unsuitable as it was not universally understood to include the rights of women.

Q.2. Write an essay on Human Rights and the United Nations Charter.
ANS:- INTRODUCTION
The United Nations Charter sets forth the "inherent dignity" and the "equal and
inalienable rights of all members of the human family." Upholding these human rights
principles as "the foundation of freedom, justice, and peace in the world" is fundamental
to every undertaking of the United Nations.

These are some steps of United Nations for the protection of human rights-
 International Bill of Human Rights
 Universal Declaration of Human Rights, 1948
 International Covenants on Civil and Political Rights
 International Covenants on Economic, Social and Cultural Rights
 International Covenants on Inhuman acts

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At the San Francisco conference it was expressed by several delegates that the United
Nations should establish an International Bill of Rights. Although that could not be done,
it was well realised by the members that it should be the obligation of the international
community to cooperate in eradicating the scourge of war, and they were therefore
determined that the promotion and respect for human rights which at present are so
important and so conspicuous be an integrated part of the U.N. Charter.

PROVISIONS OF THE CHARTER CONCERNING HUMAN

RIGHTS
Main provisions of the charter are-
1. The Charter is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from
membership, shall fulfil in good faith the obligations assumed by them in
accordance with the present Charter.
3. All Members shall settle their international disputes by peaceful means in such a
manner that international peace and security, and justice, are not endangered.
4. All Members shall refrain in their international relations from the threat or use of
force against the territorial integrity or political independence of any state, or in any
other manner inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in
accordance with the present Charter, and shall refrain from giving assistance to any
state against which the United Nations is taking preventive or enforcement action.
6. The Organization shall ensure that states which are not Members of the United
Nations act in accordance with these Principles so far as may be necessary for the
maintenance of international peace and security.

Nothing contained in the present Charter shall authorize the United Nations to intervene
in matters which are essentially within the domestic jurisdiction of any state or shall
require the Members to submit such matters to settlement under the present Charter; but
this principle shall not prejudice the application of enforcement measures under Chapter
VII.

The charter contains a number of provisions for the promotion of human rights and
fundamental freedoms in the preamble and in Articles 1, 13(1) (b), 55, 56, 62(2), 68 and
76(c) which are as follows-

In the Preamble to the Charter it has been expressly and specifically declared that -
We the peoples of the United Nations determined
 To save succeeding generations from the scourge of war, which twice in our lifetime
has brought untold sorrow to mankind, and
 To reaffirm faith in fundamental human rights, in the dignity and worth of the human
person, in the equal rights of men and women and of nations large and small, and

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 To establish conditions under which justice and respect for the obligations arising
from treaties and other sources of international law can be maintained, and
 To promote social progress and better standards of life in larger freedom.

The purpose of the United Nations as Given in Article 1 of the Charter Are:
1. To maintain international peace and security and to that end to take effective
executive measures for the prevention and removal of threats to the peace and for the
suppression of acts of aggression or other breaches of the peace, and to bring about
by peaceful means and in conformity with the principles of justice and international
law, adjustment or settlement of international disputes or situations which might lead
to a breach of the peace;
2. To develop friendly relations among nations based on respect for the principle of
equal rights and self-determination of peoples and to take other appropriate measures
to strengthen universal peace.
3. To achieve international cooperation in solving international problems of an
economic, social, cultural or humanitarian character and in promoting and
encouraging without distinction as to race, sex, language or religion, respect for
human rights and for fundamental freedoms for all; and
4. To be a centre for harmonizing the actions of nations in the attainment of these
common ends.
5. Article 55 provided that the United Nations shall promote –
a) higher standards of living, full employment and conditions of economic and social
progress and development;
b) solutions of international economic, social, health and related problems and
observance of human rights and fundamental freedoms for all without distinction
as to race, sex, language; or and the subjects in paragraphs- (a) and (b) are not
rights at all but only policies that should be promoted.
6. Article 56 provided that the members of the United Nations pledged themselves to,
take joint and separate action in co-operation with the organisation for the
achievement of the purposes set forth in Article 55.
7. Article 62 of the Charter authorized the Economic and social council to 'make'
recommendations for the purpose of promoting respect for, and observance of human
rights and fundam"ental freedoms for all.
8. Under Article 64, the Economic and Social Council may take appropriate steps to
obtain regular reports from the specialised agencies.
9. Article 62 of the Charter authorized the Economic and Social Council to make
recommendations for the purpose of promoting respect for and observance of human
rights and fundamental freedoms for all.
10. Article 68 directed the council to set up commissions in economic and social fields
and for the promotion of human rights, and such other commissions as may be
required for the performance of its functions. The commission of Human Rights and
the commission on the status of women are the subsidiary bodies of the economic
and social council.

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11. Para (c) of Article 76 stipulated that one of the basic objectives of the trusteeship
system is to encourage respect for human rights and for fundamental freedoms for all
without distinction as to race, sex, language or religion and to encourage recognition
of the interdependence of the peoples of the world.

In addition to the above provisions, the charter has referred repeatedly to the concept of
Fundamental Human Rights, 'the dignity and worth of the human person,' 'equal rights',
'justice', 'social progress' and fundamental freedoms - The Charter devoted three chapters
to the self determination of peoples.

It is to be noted that the Charter is a global constitution without a bill of rights. It neither
defined the human rights nor they were enumerated therein. There is no provision in the
Charter laying down express verb is that there is a legal obligation resting upon nations to
observe human rights and fundamental freedoms. The guarantee for the protection of
human rights and fundamental freedoms was also not provided in the Charter. Although it
was proposed by the Latin American States during the drafting of the Charter at San
Francisco conference that it should contain an International 'Bill of Rights', a specific list
of rights could not be prepared due to lack of sufficient time, and therefore promotion as
well as protection of human rights was explicitly rejected. Provisions relating to human
rights in the Charter are therefore general and vague. However, since the adoption of the
charter, international human rights law has been developing in an unprecedented way,
and presently, it has become a substantive part of international law as a whole.

PROMOTION AND PROTECTION OF HUMAN RIGHTS BY THE

UNITED NATIONS
Promotion and encouragement of respect for and observance of human rights and
fundamental freedoms is one of the purposes of the United Nations. The United Nations
in the past has been able to promote and protect human rights by a number of ways which
are as follows- .
 Human Rights Consciousness.
 Codification of the Law of Human Rights ..
 Monitoring of Human Rights.
 Procedure of Individual's Complaints.
 Compilation of Information on the Violations of Human Rights.
 Examination of Human Rights Situations.
 Coordination of Human Rights Activities.
 By Providing Advisory Services.

THE UNITED NATIONS GENERAL ASSEMBLY

The United Nations currently comprises 185 member states, all of which belong to the
General Assembly. The General Assembly controls the UN‟s finances, makes
non-binding recommendations, and oversees and elects members of other UN organs. It

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is the General Assembly that ultimately votes to adopt human rights declarations and
conventions, which are also called treaties or covenants. For example, in 1948 when
the UN Commission on Human Rights had completed its draft of the Universal
Declaration of Human Rights, the General Assembly voted to adopt the document.

THE UNITED NATIONS COMMISSION ON HUMAN RIGHTS

Made up of fifty-three member states elected by ECOSOC the UN Commission on
Human Rights initiates studies and fact-finding missions and discusses specific human
rights issues. It has responsibility for initiating and drafting human rights declarations and
conventions.

ECOSOC also supervises intergovernmental organizations (IGOs), which are specialized

agencies that function independently with their own charter, budget, and staff but are
affiliated with the UN by special agreements. IGOs report to the ECOSOC and may be
asked to review reports from certain UN bodies that are relevant to their area of focus.

OTHER UNITED NATIONS BODIES AND HUMAN RIGHTS

The UN Security Council, comprising fifteen member states, is responsible for making
decisions regarding international peace and security. It can make recommendations and
decisions for action, including providing humanitarian aid, imposing economic sanctions,
and recommending peacekeeping operations. The Security Council has been responsible
for establishing international tribunals to prosecute serious violations of humanitarian
law. For example, special tribunals have been set up to prosecute war crimes in the
former Yugoslavia and acts of genocide in Rwanda. The Secretariat is the administrative
arm of the UN, responsible for overseeing the programs and policies established by the
other UN organs.

In addition to the General Assembly, in which all member states are represented, there are
five other main bodies of the United Nations that deal with different types of international
concerns and administrative tasks.

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Although human rights are fundamental to all functions of the UN, human rights issues
mainly fall under the Economic and Social Council (ECOSOC). This council of
fifty-four members elected by the General Assembly is responsible for coordinating all
economic and social work of the UN and its affiliated institutions.

The Economic and Social Council oversees the work of many intergovernmental
organizations (IGOs) and certain UN commissions, such as the UN Commission on
Human Rights.

SOME INTERGOVERNMENTAL ORGANIZATIONS THAT WORK

TO PROTECT HUMAN RIGHTS
International Labour Organization (ILO) – Develops international labour standards
and provides technical assistance training to governments.

United Nations Children’s Fund (UNICEF) – Works with other UN bodies,

governments, and nongovernmental organizations to provide community based services
in primary healthcare, basic education, and safe water and sanitation for children in
developing countries. Human rights are fundamental to its programming.

United Nations Development Fund for Women (UNIFEM) – Promotes economic and
political empowerment of women in developing countries, working to ensure their
participation in development planning and practices, as well as their human rights.

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 United Nations Educational, Scientific, and Cultural Organization (UNESCO) –
Pursues intellectual cooperation in education, science, culture, and communications and
promotes development through social, cultural, and economic projects.

World Health Organization (WHO) – Conducts immunization campaigns, promotes

and coordinates research, and provides technical assistance to countries that are
improving their health systems.

CONCLUSION
The United Nations (UN) is one of the most important international organizations to ever
be assembled. Since it was founded after the end of World War II in 1945 to replace its
predecessor, the League of Nations, the UN has strived to maintain world peace and
facilitate cooperation in solving international problems. Without the watch of the UN,
many more international issues between states would have ended in serious conflicts and
numerous human rights violations would have occurred throughout the world. The UN
has proven to be very successful in meeting its goals since its inception.

SHORT ANSWER QUESTIONS

(Note: Short answer is required not exceed 200 words.)

Q.3. What are the sources of human rights?

ANS:- SOURCES OF HUMAN RIGHTS
International human rights law derives from the variety of sources which are as follows-
1. INTERNATIONAL TREATIES
A number of multilateral treaties relating to human rights are in force which are
legally binding on those states which are parties to them. The most important
amongst them is the United Nations Charter itself which is binding on all the states in
the World and establishes at least general obligations to respect and promote human
rights. Regional treaties on human rights such as European Convention on Human
Rights, American Conventions on Human Rights and African Charter on Human and
People's Rights are also legally binding on the contracting states and they therefore
are the sources of International human rights law.

2. INTERNATIONAL CUSTOM
The 1987 Restatement (Third) of the Foreign Relations Law of the United States
takes the position that customary International Law protects at least certain basic
human rights. A number of rights are at present included within customary
international law and consequently they are the sources of International Law.

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 3. OTHER INTERNATIONAL INSTRUMENTS
A great number of international declarations, resolutions and recommendations
relating to human rights have been adopted under the auspices of the United Nations
which are the sources of International law. The most important of these is the
Universal Declaration of Human Rights of 1948 which possesses a moral or political
force that may be useful in persuading government officials to observe human rights
standards.

4. JUDICIAL DECISIONS
Decisions of the various Judicial bodies are relevant in the determination of the rules
on human rights issues.

For example- International Court of Justice, European Court of Human Rights, a

Regional Court.

5. OFFICIAL DOCUMENTATIONS
Official documents of the United Nations and its subsidiary bodies have produced a
vast amount of documentation relating to human rights matters. For Example-Human
Rights Law Journal, Human Rights Review, and European Law Review.

Q.4. What are the theories and kinds of human rights?

ANS:- THEORIES OF HUMAN RIGHTS
Views of the jurists on the questions as to basis of human rights are divergent which have
led to the emergence of different theories : prominent amongst them are as follows-

 NATURAL LAW THEORY

According to ancient thinkers and philosophers, Human Rights have been derived
from the principle of eternal law as revealed in natural law as being closely related
both to justice and ethics. Natural law notion was reflected in the writings of
Aristotle, Cicero, Gaius and other philosophers.

Later, Christian Fathers extended the authority of natural law by asserting to it a

divine origin. National Law theory was practised by Romans in the formation of
body of legal rules for the administration of justice.

Natural law as the basis of human rights has been criticized on a number of grounds.

 SOCIAL UTILITY THEORY

Another theory which has been advocated as to the basis of human rights is the social
utility. Under the social utility theory of human rights, those rights are considered
genuine human rights which tend to increase the total happiness of human beings.

KINDS OF HUMAN RIGHTS

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 Human Rights are of two kinds-

 CIVIL AND POLITICAL RIGHTS

Civil rights or liberties are referred to those rights which are related to the protection
of the right to life and personal liberty. Such rights include right to life, liberty and
security of persons, right to privacy, home and correspondence, right to own
property, freedom from torture, inhuman and degrading treatment, freedom of
thought, conscience and religion and freedom of movement.

Political rights may be referred to those rights which allow a person to participate in
the Government of a State.

 ECONOMIC SOCIAL AND CULTURAL RIGHTS

Economic Social and cultural rights (so called 'freedom to') are related to the
guarantee of minimum necessities of life to human beings. Right to adequate food,
clothing, housing and adequate standard of living and freedom from hunger, right to
social security, right to physical and mental health and right to physical and mental
health and right to education' are included in this category of rights. These rights are
included in the International Covenant on Economic, Social and Cultural Rights.

Q.5. Discuss the efforts made at international level to protect human rights.
ANS:- INTRODUCTION
Positioning protection of human rights on the level of international law provides for a
possibility of a better and stronger control over actions of states. Unfortunately
sometimes states‟ domestic provisions prove to be ineffective or insufficient in this
matter. In some occasions, mankind has also experienced that states use their legal system
to violate human rights systematically and on a large scale. In a situation like that,
domestic law becomes completely useless – the experience of the horrors of the Nazi and
the communist regimes has proven this painfully. International law may become a second
line of defence for human rights to make sure that states and their domestic legal systems
do not lose outer control. Of course, this results in the possible weakening of the concept
of state sovereignty, but this does not mean any conceptual problem, as human rights
have always served as a possible limit to states‟ powers.

INTERNATIONAL PROTECTION OF HUMAN RIGHTS

International protection of human rights leads to the development of common values and
standards on the level international relations. This is extremely important in a globalised
world: while many differences may exist in the practice of states and various cultures,
some basic values can be identified regarding human rights. For the protection of these
values common standards have been developed, most of which are based on domestic
legal solutions. These have gradually been introduced to international practice, for
example via various international bodies, which has had its effect after on various

15
 domestic practices of states as well. By this, strong international protection of human
rights makes a more robust domestic protection of human rights as well.

ADVANTAGES AND DISADVANTAGES OF INTERNATIONAL

PROTECTION
The advantages of international protection of human rights may be summed up around
the following factors:
1. Ensuring better control;
2. Development of common values and common standards;
3. Possibility to apply political pressure.

Some of the disadvantages or deficiencies of international protection of human rights also

have to be mentioned here. Some of them have political or ideological nature, some of
them are the consequence of the nature of the present system of international law. These
can be organised around the following main points:
1. Existing political and ideological differences;
2. Questions about states‟ willingness to develop new or even enforce existing norms;
3. Chances of states to avoid legal binding power made possible by the system of
international law.

VERY SHORT ANSWER QUESTIONS

(Note: Very short answer is required not exceeding 75 words.)

Q.6. What is the purpose of human rights?

ANS:- The purposes of securing human rights as such are to provide protection to these rights
against the abuses of power committed by the organs of state; to establish institutions for
the promotion of living condition of human beings and for the development of their
personality; and at the same time, to provide effective remedial measures for obtaining
redress in the event those rights are violated. Korel Vasak has aptly remarked that the
"human rights, which are essentially individual in character, for they are meant to be
enjoyed by individuals, constitute a social phenomenon by virtue of those for whom they
are intended.

Q.7. What is Charter of Liberty?

ANS:- CHARTER OF LIBERTY
Charter of Liberty Constitutes steps towards the realization and implementation of
Human Rights. The contents of the said historic documents are given below -
 Magna Carta
 Petition of Rights
 Habeas Corpus Act
 Bill of Rights

16
Q.8. What are the basic aims set-forth in the preamble of the United Nations?
ANS:- The preamble of the UN charter has set forth the basic aims of the United Nations. They
are:
 To save succeeding generations from the scourge of war, which twice in our lifetime
has brought untold sorrow to mankind, and
 To reaffirm faith in fundamental human rights, in the dignity and worth of the human
person, in the equal rights of men and women and of nations large and small, and
 To establish conditions under which justice and respect for the obligations arising
from treaties and other sources of international law can be maintained, and
 To promote social progress and better standards of life in larger freedom.

Q.9. In what ways the United Nations has been able to promote and protect
human rights?
ANS:- The United Nations has been able to promote and protect human rights by a number of
ways such as-
 Human Rights Consciousness.
 Codification of the Law of Human Rights ..
 Monitoring of Human Rights.
 Procedure of Individual's Complaints.
 Compilation of Information on the Violations of Human Rights.
 Examination of Human Rights Situations.
 Coordination of Human Rights Activities.
 By Providing Advisory Services.

Q.10. Explain the Universalisation of Human Rights.

ANS:- As a matter of fact the Human Rights were universalised after the end of the Second War.
President Roosevelt of U.S.A. on 6th January, 1941 declared four fundamental freedoms
of human beings. These are-
 Freedom of speech and expression.
 Freedom of every person to worship God in his own way.
 Freedom from want, and
 Freedom from fear.

Besides, the Prime Minister of Great Britain, Mr. Wincent Churchill curiously felt the
violation of human rights and racial persecution. He declared that racial discrimination
and persecution would end at the end of the Second World War. This joint declaration of
the two Great Powers of the world had its effect genuinely on the development of the
movement for human rights, and as a consequence twenty six nations signed the
declaration of United Nations of January 1, 1942 which contained the principle of the
Atlantic Charter.

17
 Finally, it was the San Francisco Conference at which the Charter of the United Nations
had emerged, incorporating numerous provisions providing for promoting and
encouraging respect for human rights and fundamental freedoms for all without
distinction as to race, sex language, or religion.

UNIT-II

DETAILED ANSWER QUESTIONS

Q.11. ‘Universal Declaration of Human Rights addressed to the individual does

contain inalienable rights of individual’? Explain.
ANS:- INTRODUCTION
The first list of human rights recognized by the United Nations appears in the Universal
Declaration of Human Rights. No state has voted against it on 10 December 1948 (10
December is “International Human Rights Day” ever since), as none of them has ever
expressed any intention to denounce it. Though this may reflect a worldwide consensus, a
disturbing element has to be pointed out. When decision has been made about the
proposed document in the General Assembly, eight states abstained from the voting. The
Soviet Union and its allies (Belarus, Czechoslovakia, Poland, Ukraine, Yugoslavia),
Saudi Arabia and South Africa has not supported it with their votes. This does not
necessarily mean a strong opposition against it, but is definitely a sign of the lack of full
consensus on the matter of human rights.

Later, the Universal Declaration of Human Rights has been reaffirmed in the Vienna
Declaration and Programme of Action, adopted after the World Conference on Human
Rights in 1993, and still remains the basic document to express universal human rights
values. Its importance is shown by the fact that all international human rights treaties
refer to the Declaration in their preambles.

UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights (Universal Declaration) is an international
document that states basic rights and fundamental freedoms to which all human beings
are entitled. The Universal Declaration was adopted by the General Assembly of the
United Nations on 10 December 1948. Motivated by the experiences of the preceding
18
world wars, the Universal Declaration was the first time that countries agreed on a
comprehensive statement of inalienable human rights.

The Universal Declaration begins by recognising that „the inherent dignity of all members
of the human family is the foundation of freedom, justice and peace in the world‟.

It declares that human rights are universal to be enjoyed by all people, no matter whom
they are or where they live.

The Universal Declaration includes civil and political rights, like the right to life, liberty,
free speech and privacy. It also includes economic, social and cultural rights, like the
right to social security, health and education.

The Universal Declaration of Human Rights consists of a Preamble and 30 articles,

setting out the human rights and fundamental freedoms to which all men and women are
entitled, without distinction of any kind.

The Universal Declaration recognizes that the inherent dignity of all members of the
human family is the foundation of freedom, justice and peace in the world. It recognizes
fundamental rights which are the inherent rights of every human being including, inter
alia, the right to life, liberty and security of person; the right to an adequate standard of
living; the right to seek and enjoy asylum from persecution in other countries; the right to
freedom of opinion and expression; the right to education, freedom of thought,
conscience and religion; and the right to freedom from torture and degrading treatment.

These inherent rights are to be enjoyed by every man, woman and child throughout the
world, as well as by all groups in society. Today, the Universal Declaration of Human
Rights is widely regarded as forming part of customary international law.

The Universal Declaration is not a treaty, so it does not directly create legal obligations
for countries. However, it is an expression of the fundamental values which are shared by
all members of the international community. And it has had a profound influence on the
development of international human rights law. Some argue that because countries have
consistently invoked the Declaration for more than sixty years, it has become binding as a
part of customary international law.

Further, the Universal Declaration has given rise to a range of other international
agreements which are legally binding on the countries that ratify them. These include-

19
 The International Covenant on Civil and Political Rights (ICCPR) and
 The International Covenant on Economic, Social and Cultural Rights (ICESCR).

1998 highlighted the global commitment to these fundamental and inalienable human
rights as the world commemorated the fiftieth anniversary of the Universal Declaration of
Human Rights. The Universal Declaration was one of the first major achievements of the
United Nations and after 50 years remains a powerful instrument affecting people‟s lives
throughout the world. Since 1948, the Universal Declaration has been translated into
more than 250 languages (available at OHCHR website at
http://www.unhchr.ch/udhr/index.htm) and remains one of the best known and most cited
human rights documents in the world. The commemoration of the fiftieth anniversary
provided the opportunity to reflect on the achievements of the past fifty years and chart a
course for the next century.

Under the theme All Human Rights for All, the fiftieth anniversary highlighted the
universality, indivisibility and interrelationship of all human rights. It reinforced the idea
that human rights i.e. civil, cultural, economic, political and social should be taken in
their totality and not dissociated.

The underlying structure of the Universal Declaration was introduced in its second draft,
which was prepared by Rene Cassin. Cassin worked from a first draft, which was
prepared by John Peters Humphrey. The structure was influenced by the Code Napoleon,
including a preamble and introductory general principles. Cassin compared the
Declaration to the portico of a Greek temple, with a foundation, steps, four columns, and
a pediment.

PREAMBLE OF THE UNIVERSAL DECLARATION

Preamble proclaimed it as a common standard of achievement for all peoples and for 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.
Thus the General Assembly recommends to every individual and every organ of the
society to do something with respect to the human rights laid down in the declaration.

ENUMERATION OF RIGHTS IN THE DECLARATION

20
The universal declaration enumerated the basic postulates and principles of human rights
in a most comprehensive manner. It dealt not only with civil and political rights, but with
social and economic rights as well.

CIVIL AND POLITICAL RIGHTS

Articles 2 to 21 deal with those civil and political rights which have been generally
recognized throughout the world. These are as follows-
1. Right to life, liberty and security of persons (Article 3).
2. Freedom from slavery or servitude (Article 4).
3. Prohibition against torture, inhuman or degrading treatment or punishment (Article
5).
4. Recognition as a person before the law (Article 6).
5. Equality before the law and equal protection of the law without any discrimination
(Article 7).
6. Effective remedy before the national tribunals (Article 8).
7. Freedom from arbitrary arrest, detention or exile (Article 9).
8. Right to a fair and public hearing by an independent and impartial tribunal (Article
10).
9. Presumption of innocence until proved guilty in a public trial with all guarantees
necessary for defence in criminal cases (Article 11 para 1).
10. Freedom from ex-post facto laws (Article 11 p. 2).
11. Right to privacy, family, home and correspondence (Article 12).
12. Right to freedom of movement and residence within the borders of a State. (Article
13, para 1).
13. Right to leave any country, including his own and to return to his country (Article
13, para 2).
14. Right to seek and to enjoy in other countries asylum from persecution (Article 14,
para 1).
15. Right to a nationality (Article 15).
16. Right to marry and to found a family (Article 16).
17. Right to own property (Art 17).
18. Right to freedom of thought, conscience and religion (Article 18).
19. Right to freedom of opinion and expression (Article 19).
20. Right to freedom of peaceful assembly and association (Article 20).
21. Right to participate in the government of his country (Article 21).

21
ECONOMIC AND SOCIAL RIGHTS
Articles 22 to 27 of the declaration deal with economic and social rights which are as
follows –
1. Right to social security (Article 22).
2. Right of work and free choice of employment (Article 23).
3. Right to rest and leisure (Article 24).
4. Right to a standard of living adequate for the health of himself and of his family
(Article 25).
5. Right to education (Article 26).
6. Right to participate in cultural life (Article 27).
7. Right to good social and international order (Article 28).

The declaration laid down under Article 29 certain limitations to these rights and
freedoms, by providing that everyone has duties to the community in which alone the
final and full development of his personality is possible. Para 2 of Article 29 provided that
rights shall be provided to the individuals subject to just requirements of morality, public
order and the general welfare in a democratic society. The above may mean that rights
provided in the declaration are not absolute.

CONCLUSION
While not a treaty itself, the Declaration was explicitly adopted for the purpose of
defining the meaning of the words "fundamental freedoms" and "human rights" appearing
22
 in the United Nations Charter, which is binding on all member states. For this reason, the
Universal Declaration of Human Rights is a fundamental constitutive document of the
United Nations. In addition, many international lawyers believe that the Declaration forms
part of customary international law and is a powerful tool in applying diplomatic and
moral pressure to governments that violate any of its articles. The 1968 United Nations
International Conference on Human Rights advised that the Declaration "constitutes an
obligation for the members of the international community" to all persons.

Q.12. Explain the important points on International Covenant on Civil and

Political Rights 1966.
ANS:- INTRODUCTION
The United Nations International Covenant on Civil and Political Rights (ICCPR)
attempts to ensure the protection of civil and political rights. It was adopted by the United
Nations‟ General Assembly on December 19, 1966, and it came into force on March 23,
1976. The International Covenant on Economic Social and Cultural Rights, the Universal
Declaration of Human Rights, and the ICCPR and its two Optional Protocols, are
collectively known as the International Bill of Rights.

PURPOSE
The ICCPR recognizes the inherent dignity of each individual and undertakes to promote
conditions within states to allow the enjoyment of civil and political rights. Countries that
have ratified the Covenant are obligated “to protect and preserve basic human rights…
[and] “compel[ed] to take administrative, judicial, and legislative measures in order to
protect the rights enshrined in the treaty and to provide an effective remedy.” There are
currently 74 signatories and 168 parties to the ICCPR.

CONTENT
The unifying themes and values of the ICCPR are found in Articles 2 and 3 and are based
on the notion of non-discrimination. Article 2 ensures that rights recognized in the
ICCPR will be respected and be available to everyone within the territory of those states
who have ratified the Covenant (State Party). Article 3 ensures the equal right of both
men and women to the enjoyment of all civil and political rights set out in the ICCPR.

The rights protected under the ICCPR include-

Article 6 – Right to life
Article 7 – Freedom from torture
Article 8 – Right to not be enslaved

23
Article 9 – Right to liberty and security of the person
Article 10 – Rights of detainees
Article 11 – Right to not be imprisoned merely on the ground of inability to fulfil a
contractual obligation
Article 12 – Freedom of movement and choice of residence for lawful residents
Article 13 – Rights of aliens
Article 14 – Equality before the courts and tribunals, Right to a fair trial
Article 15 – No one can be guilty of an act of a criminal offence which did not
constitute a criminal offence
Article 16 – Right to recognition as a person before the law
Article 17 – Freedom from arbitrary or unlawful interference
Article 18 – Right to freedom of thought, conscience and religion
Article 19 – Right to hold opinions without interference
Article 20 – Propaganda for war shall be prohibited by law
Article 21 – Right of peaceful assembly
Article 22 – Right to freedom of association with others
Article 23 – Right to marry
Article 24 – Children‟s rights
Article 25 – Right to political participation
Article 26 – Equality before the law
Article 27 – Minority protection

LIMITATIONS
Article 4 of ICCPR allows for certain circumstances for States Parties to derogate from
their responsibilities under the Covenant, such as during times of public emergencies.
However, State Parties may not derogate from Articles 6, 7, 8 (paragraphs I and 2), 11,
15, 16 and 18.

OPTIONAL PROTOCOLS
There are two optional protocols to the ICCPR which gives additional human rights
protections.

FIRST OPTIONAL PROTOCOL

This protocol allows victims claiming to be victims of human rights violations to be
heard. The Human Rights Committee (Committee), which is established by the Covenant,
has the jurisdiction to receive, consider and hear communications from victims. The first
Optional Protocol came into force with the Covenant.

24
 SECOND OPTIONAL PROTOCOL
This protocol aims to abolish the death penalty.

ENFORCEMENT
Article 2(2) of ICCPR provides that State Parties are to take the “necessary steps…. to
adopt such laws or other measures as may be necessary to give effect to the rights
recognized in the present Covenant.” Countries that have ratified the ICCPR must takes
steps in their own jurisdictions to recognize the acceptance of this international covenant
because, in “international law, a signature does not usually bind a State. The treaty is
usually subject to a future ratification, acceptance, approval or accession.” In Canada, the
accession process involves a series of reviews and consultation by the federal government
and followed by a tabling of the treaty in Parliament.

In addition to State Parties‟ formally adopting and recognizing the ICCPR in their
jurisdiction, Article 28 of ICCPR provides for a Human Rights Committee (Committee)
to be established for monitoring the State Parties‟ implementation of the Covenant. State
Parties are required to submit reports to the Committee for review, on measures used to
adopt and give effect to the rights enshrined in the ICCPR.

CONCLUSION
As mentioned above, the First Optional Protocol allows victims of human rights violation
to be heard by the Committee. However the ICCPR also provides in Article 41 that a
State Party who claims another State Party is not fulfilling its obligations to implement
ICCPR, may make written submissions to the Committee for consideration. Also,
non-governmental organizations (NGOs) may also participate in ensuring that values
under the ICCPR are protected by submitting „shadow reports‟ and highlight areas for
consideration by the Committee.

SHORT ANSWER QUESTIONS

(Note: Short answer is required not exceed 200 words.)

Q.13. Write in short about International Covenant on Economics, Social and

Cultural Rights 1966.
ANS:- INTRODUCTION

25
The International Covenant on Economic, Social and Cultural Rights (ICESCR) was
adopted on December 16, 1966 by the UN General Assembly and entered into force ten
years later. The International Covenant on Economic, Social and Cultural Rights
(ICESCR) is one of the nine core United Nations (UN) human rights treaties. The
ICESCR, together with the Universal Declaration of Human Rights (UDHR) and the
International Covenant on Civil and Political Rights (ICCPR), constitute the International
Bill of Human Rights. The ICESCR defines a broad set of rights related to the economic,
social, and cultural elements of life that states must provide to their citizens.

INTERNATIONAL COVENANT ON ECONOMIC, SOCIAL AND

CULTURAL RIGHTS
The preambles and articles 1, 3 and 5 of the two International Covenants are almost
identical. The preambles recall the obligation of States under the Charter of the United
Nations to promote human rights; remind the individual of his responsibility to strive for
the promotion and observance of those rights; and recognize that, in accordance with the
Universal Declaration of Human Rights, the ideal of free human beings enjoying civil and
political freedom and freedom from fear and want can be achieved only if conditions are
created whereby everyone may enjoy his civil and political rights, as well as his
economic, social and cultural rights.

Article 1 of each Covenant states that the right to self-determination is universal and calls
upon States to promote the realization of that right and to respect it.

The article provides that “All peoples have the right of self-determination” and adds that
“By virtue of that right they freely determine their political status and freely pursue their
economic, social and cultural development”. Article 3, in both cases, reaffirms the equal
right of men and women to the enjoyment of all human rights, and enjoins States to make
that principle a reality. Article 5, in both cases, provides safeguards against the
destruction or undue limitation of any human right or fundamental freedom, and against
misinterpretation of any provision of the Covenants as a means of justifying infringement
of a right or freedom or its restriction to a greater extent than provided for in the
Covenants. It also prevents States from limiting rights already enjoyed within their
territories on the ground that such rights are not recognized, or recognized to a lesser
extent, in the Covenants.

Articles 6 to 15 of the International Covenant on Economic, Social and Cultural Rights

recognize the rights to work (art. 6); to the enjoyment of just and favourable conditions of
work (art. 7); to form and join trade unions (art. 8); to social security, including social
26
 insurance (art. 9); to the widest possible protection and assistance for the family,
especially mothers, children and young persons (art. 10); to an adequate standard of
living (art. 11); to the enjoyment of the highest attainable standard of physical and mental
health (art. 12); to education (arts. 13 and 14); and to take part in cultural life (art. 15).

The International Covenant on Economic, Social and Cultural Rights states that the rights
provided for therein may be limited by law, but only in so far as it is compatible with the
nature of the rights and solely to promote the general welfare in a democratic society (art.
4).

The International Covenant on Economic, Social and Cultural Rights entered into force
on 3 January 1976, three months after the date of deposit with the Secretary-General of
the thirty-fifth instrument of ratification or accession, as provided in article 27.

Q.14. Explain the concept of Collective Rights?

ANS:- INTRODUCTION
Collective Rights are a type of Human Rights, which unlike traditional rights, are not
vested in a single individual but belongs to all people so that all of them can collective
enjoyed. i.e. they are enjoyed jointly rather than severally. Collective Rights are also
called Third Generation Rights, Solidarity Rights or New Rights.

CONCEPT OF COLLECTIVE RIGHTS

The concept of collective rights emerged because individual human rights do not
guarantee adequate protection for indigenous peoples and other minorities exhibiting
collective characteristics. These groups face various threats to their livelihoods, to their
environments, to their health and to their security, and their very survival may depend
upon the recognition and protection of their collective rights.

Collective rights guarantee the development and preservation of ethnic minorities'

cultural identities and forms of organizations. A few existing legal instruments recognize
these rights, including Article 169 of the International Labour Organization and the
political constitutions of several nations including Colombia, Bolivia and Ecuador. In
Colombia for example, collective rights have been invoked in the struggles of the Nukak
Makuk, Uwa and Embera people.

Collective rights are intergenerational. Land rights must be understood from this
perspective, as present generations have inherited the territory of previous ones, and are
obliged to pass it on to future generations. For that reason, indigenous territory should not
27
be classified as property but rather as inheritance or patrimony. In the cosmic vision of
many indigenous peoples, territory is not only a physical space but also where productive
systems like fishing, hunting, agriculture, extractive activities and so forth are carried out
in a self-reliant manner.

Collective rights over biodiversity are the result of the preservation and maintenance of
knowledge, innovations and other practices based in nature. The conservation and
sustainable use of biological diversity is incorporated into the traditional lifestyles of
collectivises including indigenous and black communities, famers and local people, and
this invaluable contribution to global sustainability must be recognized.

Collective rights are held by a group, rather than any one individual. They have typically
been a focus of indigenous peoples and other groups whose rights are threatened by an
individualistic, capitalist system. For example, much of the "Third World" (now Global
South) organizing in the 1980s and 1990s focused on collective rights and finding ways
to enforce those rights in addition to the more widely-recognized individual rights.

EXAMPLES OF COLLECTIVE RIGHTS

 The right to speak one's native language and educate children in that language; the
right to cultural preservation
 The rights of indigenous peoples to land and resources held collectively, and the
right to pass land and resources down through the generations
 Right to Safe Environment-Environmental rights to clean air, water, and land
 The right to national self-determination
 The right to development
 The right to autonomous self-government for minority groups
 The right to restitution for lands stolen from the collective
 Right to Peace
 Right to Common Heritage

These rights generally revolve around the rights of distinct groups to maintain a distinct
identity and be free from harm at the hands of a more powerful government, though there
is also an argument for collective rights held by the human race as a whole, such
environmental rights or the right to peace.

VERY SHORT ANSWER QUESTIONS

28
(Note: Very short answer is required not exceeding 75 words.)

Q.15. What is right of self determination?

Ans:- The right to self-determination is the right of a people to determine its own destiny. In
particular, the principle allows a people to choose its own political status and to
determine its own form of economic, cultural and social development. Exercise of this
right can result in a variety of different outcomes ranging from political independence
through to full integration within a state. All peoples have the right to self-determination.
By virtue of that right they freely determine their political status and freely pursue their
economic, social and cultural development.

Q.16. How many Human Rights instruments are there in the ‘International Bill
of Human Rights’?
Ans:- The International Bill of Human Rights is a collective term applied to 6 major
international instruments. These are-
 Universal Declaration of Human Rights (1948)
 International Covenant on Economic, Social and Cultural Rights (1966)
 International Covenant on Civil and Political Rights (1966)
 Optional Protocol to the International Covenant on Civil and Political Rights (1966)
 Second Optional Protocol to the International Covenant on Civil and Political Rights
(1989)
 Optional Protocol to the International Covenant on Economic, Social and Cultural
Rights (2008)

Q.17. What is the object of Optional Protocol to the International Covenant on

Civil and Political Rights (1996)?
Ans:- This protocol allows victims claiming to be victims of human rights violations to be
heard. The Human Rights Committee (Committee), which is established by the Covenant,
has the jurisdiction to receive, consider and hear communications from victims. The first
Optional Protocol came into force with the Covenant. There are currently 35 signatories
and 115 parties to this protocol.

Q.18. What is the aim of Second Optional Protocol to the International

Covenant on Civil and Political Rights (1996)?
Ans:- This protocol aims to abolish the death penalty contributes to enhancement of human
dignity and progressive development of human rights. It was entered into force on July
11, 1991 and it currently has 37 signatories and 81 parties.
29
 UNIT-03, 04 & 05

DETAILED ANSWER QUESTIONS

Q.19. What is the European Convention on Human Rights? Discuss the various
rights and freedoms enshrined in European Convention on Human
Rights.
ANS:- EUROPEAN CONVENTION ON HUMAN RIGHTS
The European Convention on Human Rights (ECHR) protects the human rights of people
in countries that belong to the Council of Europe.

All 47 Member States of the Council, including the UK, have signed the Convention. Its
full title is the „Convention for the Protection of Human Rights and Fundamental
Freedoms‟.

The Council of Europe was founded after the Second World War to protect human rights
and the rule of law, and to promote democracy. The Member States‟ first task was to
draw up a treaty to secure basic rights for anyone within their borders, including their
own citizens and people of other nationalities.

30
Originally proposed by Winston Churchill and drafted mainly by British lawyers, the
Convention was based on the United Nations‟ Universal Declaration of Human Rights. It
was signed in Rome in 1950 and came into force in 1953.

The decision to draft the European Convention was made after UN General Assembly
adopted the universal declaration of human rights and UN transform the declaration into
binding treaty obligations. The government of European countries which are like minded
and have common heritage of political ideals, freedom, tradition and rule of law, to take
first step for collective enforcement of creation of rights stated in Universal Declaration.”
Human rights system established by convention is not only the oldest but the most
advanced and effective of those currently in existence.

It guarantees civil and political rights and proclaims the catalogue of economic and social
rights such as right to life, right not to be subjected to torture, inhuman treatment and
punishment, freedom of thought, conscience and religion, freedom of expression,
freedom from slavery, right to liberty, and freedom from punishment, right to found a
family, right to private and family life.

The convention established two institutions- “to ensure the observance of engagement
undertaken by the high contracting parties. The convention articles 32 and 54 provide the
supervisory function relating to enforcement of its rights guaranteed on committee of
Ministers of Council of Europe. The organs of convention also play important role in
facilitating implementation of convention.

The additional protocols expanded the catalogue of rights. These protocols deal with
interchangeable of institutions engrafted on convention. The first protocols deals with
adding of right of education, right to property and undertaking government for the
election and other electoral function.

RIGHTS AND FREEDOMS PROVIDE UNDER THE CONVENTION

The Convention guarantees specific rights and freedoms and prohibits unfair and harmful
practices. The Convention secures:
 Article 1 – obligation to respect human rights
The state has the responsibility to respect every individual‟s human rights, as set out
in the Convention itself.

 Article 2 – right to life

31
 We all have the right to life, and not be killed by another person. The state must
protect people‟s lives by enforcing the law, protecting those in danger, and safeguard
against accidental deaths.

 Article 3 – prohibition of torture and cruel, inhuman and degrading treatment

Nobody, under any circumstances, can torture or abuse anyone else. We should never
be treated in ways that cause us serious physical or mental suffering.

 Article 4 – prohibition of slavery and forced labour

Nobody should ever be made a slave or forced to work against their will.
There are minor exceptions to this article, for example in some cases it is legal to
require someone to work in if they‟re in prison or the military services.

 Article 5 – right to liberty and security

We can only be detained in certain circumstances, for example if we‟ve been
convicted by a court, or if we‟re considered to be a danger to ourselves.

 Article 6 – right to a fair trial

We have the right to a fair and public trial, within a reasonable amount of time, by an
independent and unbiased judge. If charged with an offence we should be assumed
innocent until proven guilty.

 Article 7 – no punishment without law

All crimes should be clearly defined by the law. We can only be found guilty of a
criminal offence if there was a law against it at the time the act was committed. Once
found guilty of a crime we cannot later be given a heavier sentence.

 Article 8 – right to respect privacy and family life

This right exists to protect four things: our family life, our home, our private life, and
our correspondence. We have the right to live with our family and our loved ones.
Respect for the home guards against intrusion into where we live, or to protect us
being forced from where we live without good reason. Respect for private life
protects our personal freedoms, including respect for our sexuality, the right not to be
placed under unlawful surveillance, or for us not to have personal information spread
about us against our will. Respect for correspondence allows for us to communicate
with others freely and in full privacy.

 Article 9 – freedom of thought, conscience and religion

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 We all have the right to hold religious and other beliefs. We also have the right to
change these beliefs when we choose. We should be free to worship and express our
beliefs both in public and private spaces.

 Article 10 – freedom of expression

We have the right for us to hold our own opinions, to express our views and ideas,
and to share information with others. This article can protect our right to express
views that some may find unpopular or offensive.

 Article 11 – freedom of assembly and association

We have the right to join with others to protect our common interests, to form trade
unions political parties. Importantly this article also exists to protect our right to hold
meetings, and to assemble in groups to peacefully protest.

 Article 12 – right to marry

We have the right marry who we want to, and to start a family.

 Article 13 – right to an effective remedy

If our rights are violated then we must be able to challenge this through legal means.
The state must make arrangement for this, and there may be compensation for any
damage caused to us.

 Article 14 – prohibition of discrimination

Our rights should never be denied to us due to any form of discrimination, whether
due to our „sex, race, colour, language, religion, political or other opinion, national or
social origin, association with a national minority, property, birth or other status‟.

 Article 15 – derogation in time of emergency

A state can choose to ignore some specific rights in the ECHR at a time of war or
other emergency threatening the life of the nation, but any removal of rights should
be limited to those absolutely required by the situation. A state must always make
sure these measures are consistent with its obligations under International Law.

 Article 16 – restriction on political activity of non-nationals

A state can restrict the political activity of non-nationals, but this does not apply to
the nationals of EU member states when in an EU country.

 Article 17 – prohibition of abuse of rights

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 Nothing in the ECHR allows for any state, group or individual to destroy the rights
and freedoms that the convention protects.

 Article 18 – limitation on use of restriction of rights

The restrictions allowed by the convention should not be applied for any other
purpose than those explained in the convention itself.

 The right to protection of property (Protocol 1, Article 1)

 The right to education (Protocol 1, Article 2)
 The right to participate in free elections (Protocol 1, Article 3)
 The abolition of the death penalty (Protocol 13)

The European Court of Human Rights

The European Court of Human Rights applies and protects the rights and guarantees set
out in the European Convention on Human Rights.

Q.20. Explain the American Conventions on Human Rights, 1969.

ANS:- AMERICAN CONVENTIONS ON HUMAN RIGHTS
The American Convention on Human Rights, also known as the Pact of San José, is an
international human rights instrument. It was adopted by many countries in the Western
Hemisphere in San Jose, Costa Rica, on 22 November 1969. It came into force after the
eleventh instrument of ratification (that of Grenada) was deposited on 18 July 1978.The
bodies responsible for overseeing compliance with the Convention are the
Inter-American Commission on Human Rights and the Inter-American Court of Human
Rights, both of which are organs of the Organization of American States (OAS). The
Inter-American Commission on Human Rights and the Inter-American Court of Human
Rights are the principal bodies that are responsible for the observance of the provisions
laid down in the convention. The American Convention on Human Rights is also known
as the Pact of San Jose.

The Convention affirms the intention of State parties to consolidate “within the
framework of democratic institutions, a system of personal liberty and social justice
based on respect for the essential rights of man” and focuses mainly on civil and political
human rights. The Convention builds on principles that have been recognized in the
Charter of the Organization of American States (OAS), the OAS‟ American Declaration
of the Rights and Duties of Man and the United Nations‟ Universal Declaration of
Human Rights.

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There are two optional protocols to the Convention:
 Protocol of San Salvador: Additional Protocol to the American Convention on
Human Rights in the Area of Economic, Social and Cultural Rights; and
 Protocol to the American Convention on Human Rights to Abolish the Death
Penalty.

The Convention also offers signatories a chance to sign on to an additional protocol to

accept the jurisdiction of the Inter-American Court of Human Rights.

The American Convention on Human Rights is an international human rights instrument

aimed at establishing a system of personal liberty and social justice based on respect for
the essential rights of man. The convention emphasizes on respecting the recognized
rights and freedoms guaranteed to all persons. It further provides that every individual
must be given the full freedom to exercise their rights and freedoms without any
discrimination on the basis of race, color, sex, language, religion, political or other
opinion, national or social origin, economic status, birth, or any other social condition. It
generally lays down the standards on human rights that must be observed in all the states
of America.

As a general obligation, the States Parties to the Convention undertake to respect the
rights and freedoms recognized in the Convention and “to ensure to all persons subject to
their jurisdiction the free and full exercise of those rights and freedoms, without any
discrimination for reasons of race, color, sex, language, religion, political or other
opinion, national or social origin, economic status, birth, or any other social condition.”

More specifically, every person has:

 The right to “juridical personality.” In other words, “every person has the right to
recognition as a person before the law.”
 The right to life. This right is to be protected, “in general, from the moment of
conception.” With respect to the death penalty, “it may be imposed only for the most
serious crimes and pursuant to a final judgment rendered by a competent court and in
accordance with a law establishing such punishment, enacted prior to the commission
of the crime.” In addition, “the application of such punishment shall not be extended
to crimes to which it does not presently apply” and “shall not be reestablished in
states that have abolished it.” Furthermore, “in no case shall capital punishment be
inflicted for political offenses or related common crimes.”
 The right to humane treatment. The Convention states that “no one shall be
subjected to torture or to cruel, inhuman, or degrading punishment or treatment.” In

35
 addition, “punishments consisting of deprivation of liberty shall have as an essential
aim the reform and social re-adaptation of the prisoners.”
 Freedom from slavery.
 The right to personal liberty. The Convention requires that “no one shall be subject
to arbitrary arrest or imprisonment,” and that “anyone who is detained shall be
informed of the reasons for his detention and shall be promptly notified of the charge
or charges against him” and that “any person detained shall be brought promptly
before a judge or other officer authorized by law to exercise judicial power and shall
be entitled to trial within a reasonable time or to be released without prejudice to the
continuation of the proceedings.”
 The right to a fair trial. The Convention states that “every person accused of a
criminal offense has the right to be presumed innocent so long as his guilt has not
been proven according to law” and also affirms “the right of the accused to defend
himself personally or to be assisted by legal counsel of his own choosing, and to
communicate freely and privately with his counsel.”
 Freedom of Conscience and Religion.
 Freedom of Thought and Expression. “This right includes freedom to seek,
receive, and impart information and ideas of all kinds, regardless of frontiers, either
orally, in writing, in print, in the form of art, or through any other medium of one‟s
choice.” Furthermore, this right “may not be restricted by indirect methods or means,
such as the abuse of government or private controls over newsprint, radio
broadcasting frequencies.” In addition, “Any propaganda for war and any advocacy
of national, racial, or religious hatred that constitute incitements to lawless violence
or to any other similar action against any person or group of persons on any grounds
including those of race, color, religion, language, or national origin shall be
considered as offenses punishable by law.”
 The right of assembly.
 The freedom of association.
 Rights of the family. The Convention requires that “no marriage shall be entered
into without the free and full consent of the intending spouses.” As well the States
parties must “take appropriate steps to ensure the equality of rights and the adequate
balancing of responsibilities of the spouses as to marriage, during marriage, and in
the event of its dissolution.”
 Right to a name. “Every person has the right to a given name and to the surnames of
his parents or that of one of them.”
 Right to nationality. The Convention states that “no one shall be arbitrarily deprived
of his nationality or of the right to change it.”
 Right to property.

36
  Freedom of movement and residence. This includes the right of every person to
“leave any country freely, including his own.”
 Right to participate in government. The Convention states that every citizen has
the right to “take part in the conduct of public affairs, directly or through freely
chosen representatives”, to vote and to be elected in genuine periodic elections,
which shall be by universal and equal suffrage and by secret ballot that guarantees
the free expression of the will of the voters” and “ to have access, under general
conditions of equality, to the public service of his country.”
 Right to equal protection. The Convention states that “All persons are equal before
the law. Consequently, they are entitled, without discrimination, to equal protection
of the law.”
 Right to judicial protection. The Convention states that “Everyone has the right to
simple and prompt recourse … to a competent court or tribunal for protection against
acts that violate his fundamental rights recognized by the constitution or laws of the
state concerned or by this Convention.”

As well, under the heading “Progressive Development”, the Convention requires the
“States Parties undertake to adopt measures, both internally and through international
cooperation, especially those of an economic and technical nature, with a view to
achieving progressively, by legislation or other appropriate means, the full realization of
the rights implicit in the economic, social, educational, scientific, and cultural standards
set forth in the Charter of the Organization of American States.”

The Convention allows a State party to derogate from some of its obligations under
certain circumstances including war, public danger or other emergency that threatens the
independence or security of the State party. Such measures can only be in place to the
extent and for the period of time strictly required by the exigencies of the situation and
provided that such measures are not inconsistent with its other obligations under
international law and do not involve discrimination on the ground of race, color, sex,
language, religion, or social origin. The Convention also notes that “the rights of each
person are limited by the rights of others, by the security of all, and by the just demands
of the general welfare, in a democratic society.”

The Convention also describes the composition and functioning of the Inter-American
Commission on Human Rights and the Inter-American Court of Human Rights.

Q.21. Explain the features and role of National Human Right Commission in
protecting human rights.
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ANS:- In the progression of India, formation of the National Human Rights is major step. The
National Human Rights Commission is an autonomous public body founded on 12
October 1993 under the Protection of Human Rights Ordinance of 28 September 1993. It
was given a statutory base by the Protection of Human Rights Act, 1993 (TPHRA).

It is well recognized that Human Rights are essential for entire development of an
individual. Human rights are the rights of the individuals, are recognized by the society
and are to be compulsory by the state. Thus, these rights must have a social respect and
must be enforceable by the state government. Human rights are intrinsic in human nature
and they are completely essential for living as a human being. Human rights are the
foundation of human life, self-respect and worth. Human rights can be elaborated as the
condition by which man can archive self-freedom and can make the fullest development
of him. Human Rights create specific conditions to help an individual to develop his
persona. To live the life of dignity of the personality, to express his thoughts freely, to get
the freedom to follow any religious dogmas, to make any business and for the financial
and educational development as well as the political participation, human rights are more
indispensable for human being.

FEATURES OF THE NATIONAL HUMAN RIGHTS COMMISSION

 National Human Rights Commission was established under Section 3 of the 1993
Act to shield human rights. The term „human rights‟ is described in Section 2(d) of
the 1993 Act, which reads as follows:
“Human rights” means 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.”
 It is independent commission. it has been created by an Act of Parliament.
 National Human Rights Commission is dedicated to provide independent opinions on
issues within the parlance of the Constitution or in law for the time being enforced
for the protection of human rights. The Commission takes an independent stand.
 National Human Rights Commission has the powers of a civil court.
 It has authority to grant interim relief.
 National Human Rights Commission has authority to recommend payment of
compensation or damages.
 Large number of complaints received every year reflects the credibility of the
Commission and the trust reposed in it by the citizens.
 National Human Rights Commission has wide mandate.
 National Human Rights Commission has exclusive mechanism with which it also
monitors implementation of its various recommendations.
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The NHRC is the national human rights institution, accountable for the protection and
promotion of human rights, defined by the Act as "rights relating to life, liberty, equality
and dignity of the individual guaranteed by the Constitution or embodied in the
International Covenants".

Major purpose of the National Human Rights Commission is through the petition of a
person, to examine the violation of human rights or the failures of the state or other to
prevent a human rights violation. The Commission can visit state institutions where
people are detained such as jails to inspect the conditions of the institutions and ensure
they are in compliance with human rights provisions. They can also examine any law or
constitutional provisions to ensure that the protections of the law protect human rights.
They are to counsel the state on measures to prevent violence and related violations as
well as on how to effectively implement provisions of human rights treaties. The
commissions may also take on research about human rights, create awareness campaigns
through various mediums, and boost the work of NGOs.

ROLE OF NATIONAL HUMAN RIGHTS COMMISSION

Though the founding of the National Human Rights Commission is great step, yet
sometimes it cannot perform its duties effectively. It does not have any mechanism of
investigation. It always depends on the staff of the central and state governments. So its
investigation sometimes fails to be unbiased.

In majority cases, it asks the concerned Central and State Governments to investigate the
cases of the violation of Human Rights. It also approaches the Supreme Court and the
High Courts to provide judicial assistance to the victims. Soli J. Sorabjee disparaged it as
“India‟s teasing illusion” due to its incapacity to render any practical relief to the
aggrieved party.

On the issue of the violation of Human Rights, India is unnecessarily gripped in

controversy. As an independent state, when it takes action against all disintegrating
forces, the issue of Human Rights violation is raised. The National Human Rights
Commission in India has effectively demonstrated its inclination to act as an effective
organisation in the protection of Human Rights.

There is a well-planned investigation division within the Commission. The prime duty of
this investigation division is to look into complaints received by the Commission. For this
purpose the investigation, team makes on the spot investigations. The Act outlines the
39
investigative role of the Commission. Subsection 1(b) of Section 11 provides, “Such
police and investigative staff under and officer not below the rank of a Director General
of Police and such other officers and staff as may be essential for the efficient
performance of the functions of the Commission.”

The Commission divides the cases in these following categories:

1. Custodial deaths
2. Police excesses (Torture, Illegal detention\ unlawful arrest, false implication)
3. Fake encounters
4. Cases related to Women and Children
5. Atrocities on Dalits\Members of Minority community\ Disabled
6. Bonded labour
7. Armed forces\ para military forces
8. Other important cases

Once the Commission receives a complaint, it seeks comments from the concerned
government regarding complaint. After receiving the comments of the concerned
authority, a detailed note on the merits of the case is prepared for the consideration of the
Commission. After this, directions and recommendations of the Commission are
communicated to the concerned government under Sections 18 and 19 of the Act.

After completing inquiry, the Commission may take any of the following steps under
Section 18 of this Act, namely:
1. Where the inquiry discloses, the commission of violation of human rights or
negligence in the prevention of violation of human rights by a public servant, it may
recommend to the concerned Government or authority the initiation of proceedings
for prosecution or such other action as the Commission may deem fit against the
concerned person or persons.
2. Approach the Supreme Court or the High Court concerned for such directions, orders
or units as that Court may deem necessary.
3. Recommend to the concerned government or authority for the grant of such
immediate interim relief to the victim or the members of his family as the
Commission may consider necessary subject to the provisions of clause
4. Give a copy of the inquiry report to the petitioner or his representative.
5. The Commission shall send a copy of its inquiry report together with its
recommendations to the concerned government or authority who shall, within a
period of one month, or such further time as the Commission may allow, forward its

40
 comments on the report, including the action taken or proposed to be taken thereon,
to the Commission.
6. The Commission shall publish its inquiry report together with the comments of the
concerned government or authority, if any, and the action taken or proposed to be
taken by the concerned government or authority on the recommendations of the
Commission.

Q.22. Write down the provisions of Constitutional law relating to Human Rights.
ANS:- The constitution of India is known as one of the most right-based constitutions in the
world. It was drafted around the same time when the Universal Declaration of Human
Rights by the United Nations came into force (1948). Indian constitution provides the
spirit of human rights in its preamble and the sections on Fundamental rights and
Directive Principle of State Policy.

The Indian constitution is based on the theory that guided India‟s struggle against British
colonialism, which was marked by the violation of civil, political, social, economic and
cultural rights of the people. Therefore, after independence the framers of the constitution
provided some fundamental rights to the citizens which are enshrined in the part III of the
constitution. These fundamental rights are defined as basic human freedom for a proper
and harmonious development of personality of every Indian citizen. These fundamental
rights apply to all Indian citizens, irrespective of caste, creed, colour, sex, race or place of
birth. They are also enforceable by the courts, subject to certain restrictions. The rights
have their origins in many sources including England‟s Bill of Rights, the United States
Bill of Rights and France‟s declaration of the Rights of Man.

FUNDAMENTAL RIGHTS
The Fundamental Rights included in the Indian constitution are guaranteed to all Indian
citizens. These civil liberties take primacy over any other law of the land. They include
individual rights common to most liberal democracies, such as equality before the law,
freedom of speech and expression, freedom of association and peaceful assembly,
freedom of religion, and the right to constitutional remedies for the protection of civil
rights such as habeas corpus. In addition, the Fundamental Rights for Indians are aimed
to topple the inequities of past social practices. They abolish the practice of
untouchability; prohibit discrimination on the grounds of religion, race, caste, sex, or
place of birth; and prohibit traffic in human beings and forced labour. They even protect
cultural and educational rights of minorities by ensuring them to preserve their distinctive
languages and establish and administer their own education institutions.

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There are six fundamental rights enshrined in the Indian Constitution. Right to equality is
included in Articles 14, 15, 16, 17 and 18 of the constitution. It is the principal foundation
of all other rights and liberties. Article 14 describes that all citizens of India shall be
equally protected by the laws of the country. Article 15 of the constitution provides that
no individual shall be discriminated on the basis of caste, colour, language etc. However,
the State may make any special provision for women, children, and for socially or
educationally backward class or scheduled castes or scheduled tribes. Article 16 of the
constitution defines that the State cannot discriminate against anyone in the matters of
employment However, there are some exceptions, the parliament has the right to enact
law/s describing that certain jobs can only be filled by the applicant/s who are domiciled
in the area for the post that require knowledge and the language of the locality or the area.
The state may also reserve posts for members of educationally and economically
backward classes, scheduled castes and tribes for their adequate representation in the
jobs. Article 17 abolishes the practice of untouchability. Article 18 of the constitution
prohibits state from conferring any titles. This means that the citizen of India cannot
accept titles from a foreign state. But Military and academic distinctions can be conferred
on the citizens of India and also the awards of Bharat Ratna and Padma Vibhushan cannot
be used by the recipient as a title.

Except the right to equality, the Constitution of India provides the right to freedom, given
in articles 19, 20, 21 and 22. Freedom of speech and expression (it includes the freedom
of press), freedom of assemble peacefully without arms, freedom to form associations or
unions, freedom to move freely throughout the territory of India, freedom to reside and
settle in any part of the territory of India, freedom to practice any profession or to carry
on any occupation, trade or business are some of the freedoms which are provided to
Indian citizen.

However, at the same time these freedoms can be restricted in the interests of public
order, morality and the sovereignty and integrity of India. Freedom of speech and
expression, generally interpreted to include freedom of the press, can be limited "in the
interests of the sovereignty and integrity of India, the security of the State, friendly
relations with foreign States, public order, decency or morality, or in relation to contempt
of court, defamation or incitement to an offence"

The constitution also guarantees the right to life and personal liberty under article 20 and
21. Article 20 states that no individual can be awarded punishment which is more than
what the law of land prescribes at that time. This legal axiom is based on the principle
that any criminal law cannot be made retrospective. Therefore, the essential condition for

42
an act to become a crime or offence is that it should have been an offence legally at the
time of committing it. It also provides that no person can be convicted twice for the same
offence. Article 21 declares that no citizen can be denied his/her life and liberty except by
law. Therefore, an individual‟s personal liberty can only be disputed if the person has
committed a crime. This right does not include the right to die thus suicide or an attempt
thereof is an offence.

Rights of a person arrested under ordinary circumstances are laid down in the right to life
and personal liberty. No person can be arrested without being informed about the grounds
for his/her arrest. If arrested the person has the right to defend himself by a lawyer of his
choice and also the arrested citizen has to be brought before the nearest court within 24
hours

In 2002, Article 21 (A) was incorporated by the 86th constitutional amendment act. The
primary education has been made a fundamental right under the right to life and personal
liberty. It says that “to the children in the age group of six to fourteen years shall be
provided free and compulsory education” by the state.

There are provisions that state can impose restrictions on these rights for the interest of
independence, sovereignty and integrity of India. Nevertheless, the right to life and
personal liberty cannot be suspended. The six freedoms described above are suspended
automatically or bear some restrictions imposed on them during the state of emergency.

Article 23 and 24 provides the right against exploitation. It has two provisions, one being,
the abolition of trafficking in human beings and Begar (forced labour) and other the
abolition of employment of children below the age of 14 years in dangerous jobs like
factories and mines.

Articles 25, 26, 27 and 28 of the constitution cover the right to freedom of religion. The
objective of this right is to maintain secular nature of Indian state. Thus all religions are
considered equal before the state and no religion shall be given preference over other.
Citizens are free to preach, practice and propagate any religion of their choice. It also
includes the freedom not to practice a religion and to propagate such views. However, the
state can restrict certain practices of religions in the interests of public order, morality and
health, say for example the wearing and carrying of Kirpans in the profession of the Sikh
religion can be restricted by the state. There are some other provisions like religious
communities can set up charitable institutions and no Individual shall be compelled to

43
pay taxes for the promotion of a particular religion. It should also be noted that the
institution/s run by the state cannot impart education that is pro-religion

Article 29 and 30 provides special measures to protect the rights of the minorities. While
article 29 applies to all the citizens of India, article 30 deals with the rights of minorities.
Any religious or linguistic community that has a language and a script of its own has the
right to conserve and protect them. State cannot discriminate any citizen against for
admission in State or State aided institutions.

All minorities, religious or linguistic, can set up their own educational institutions in
order to preserve and develop their own culture. In granting aid to institutions, the State
cannot discriminate against any institution based on the fact that it is administered by a
minority institution, Although state can interfere in case of maladministration.

Article 32 of the constitution deals with the right to constitutional remedies. It empowers
the citizens to seek a court of law in case of any denial of the fundamental rights, by
asking the courts to preserve or safeguard the citizen‟s fundamental rights. It can be done
in various ways, for example the courts can issue various kinds of writs. These writs are
habeas corpus, mandamus, prohibition, quo warranto and certiorari. This right can be
suspended by the central government in case of a national or state emergency is declared.

Except this there was a provision for right to property under Articles 19 and 31. Article
19 guaranteed to all citizens the right to acquire, hold and dispose off property. Article 31
provided that "no person shall be deprived of his property save by authority of law. The
44th constitutional amendment act of 1978 deleted the right to property from the list of
fundamental rights. A new article (Article 300 A) was introduced which says that „no
person shall be deprived of his property save by authority of law‟. Therefore, if a
legislature makes a law that deprives a person of his property, there would be no
obligation on the part of the State to pay anything as compensation. The aggrieved person
shall have no right to move the court under Article 32. Thus, the right to property is no
longer a fundamental right, but a constitutional right.

Rights simply mean the freedom which is necessary for the individual good and at the
same time for the good of the community. The fundamental rights guaranteed under the
Constitution of India have been incorporated into the Fundamental Law of the Land and
are enforceable in a court of law. However, this does not mean that they are absolute or
that they are immune from Constitutional amendment.

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DIRECTIVE PRINCIPLES OF STATE POLICY
Part IV of the constitution (Article 36-51) contains the Directive Principles of State
Policy. Finalized by the Sapru Committee, these Directives are in nature of directions to
the legislative and executive wings of the government to be observed while formulating
laws and policies. Most of them aim at the establishment of economic and social
democracy which is pledged for in the preamble.

Articles 36 and 37 define the term state and lay down that the provisions in Part IV shall
not be enforceable by courts. Article 39 of the constitution requires the state to direct its
policy towards securing adequate means of livelihood for all citizens, the citizens, men
and women equally, have the right to an adequate means of livelihood, the ownership and
control of the material resources of the community are so distributed as best to sub serve
the common good, the operation of the economic system does not result in the
concentration of wealth and means of production to the common detriment. In addition to
this, Article 39A added by the 42nd Amendment. It wants the state to ensure equal justice
and free legal aid to poor. Organization of village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of
self-government is suggested in Article 40. Article 41, 42, and 43 suggest the right to
work, to education and to public assistance in certain cases, provision for just and
humane conditions of work and maternity relief, living wage, etc., (for workers), and the
participation of workers in management of industries. Article 44 deals with the concept of
Uniform civil code for the citizen, means that all religions should be governed by one
uniform law. Article 45 and 46 suggest for free and compulsory education for children,
and promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections of the society. Article 47 expects the state to raise the
level of nutrition and the standard of living and to improve public health. While Article
48 deals with the organization of agriculture and animal husbandry, Article 48A suggests
for the protection and improvement of environment and safeguarding of forests and wild
life. Article 49 concerns with the protection of monuments and places and objects of
national importance and Article 50 expects the separation of judiciary from executive. At
last Article 51 of the Directive Principle deals with the concept of promotion of
international peace and security

The State shall endeavour to promote international peace and security, maintain just and
honourable relations between nations, foster respect for international law and treaty
obligations in the dealings of organized people with one another; and encourage
settlement of international disputes by arbitration. Many of the Directive Principles are
influenced by Gandhian philosophy.
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Q.23. What is the aim of the Directive Principles of State Policy? What is the
relation between Fundamental Rights and Directive Principles of State
Policy?
ANS:- Part IV, Articles 36-51 of the Indian constitution constitutes the Directive Principles of
State Policy which contain the broad directives or guidelines to be followed by the State
while establishing policies and laws. The legislative and executive powers of the state are
to be exercised under the purview of the Directive Principles of the Indian Constitution.

The Indian Constitution was written immediately after India obtained freedom, and the
contributors to the Constitution were well aware of the ruined state of the Indian economy
as well as the fragile state of the nation‟s unity. Thus they created a set of guidelines
under the heading Directive Principles for an inclusive development of the society.

Inspired by the Constitution of Ireland, the Directive Principles contain the very basic
philosophy of the Constitution of India, and that is the overall development of the nation
through guidelines related to social justice, economic welfare, foreign policy, and legal
and administrative matters. The Directive Principles are codified versions of democratic
socialist order as conceived by Nehru with an admixture of Gandhian thought.

However, the Directive Principles cannot be enforced in a court of law and the State
cannot be sued for non-compliance of the same. This indeed makes the Directive
Principles a very interesting and enchanting part of the Constitution because while it does
stand for the ideals of the nation, these ideals have not been made mandatory.

In a nutshell, the Directive Principles consist of the following aims:

 The State should strive to promote the welfare of the people.
 Maintain social order through social, economic and political justice.
 The State should strive towards removing economic inequality.
 Removal of inequality in status and opportunities.
 To secure adequate means of livelihood for the citizens.
 Equal work opportunity for both men and women.
 Prevent concentration of wealth in specific pockets through uniform distribution of
the material resources amongst all the strata of the society.
 Prevention of child abuse and exploitation of workers.
 Protection of children against moral and material abandonment.
 Free legal advice for equal opportunities to avail of justice by the economically
weaker section.
46
 Organisation of Village Panchayats which will work as an autonomous body working
towards giving justice.
 Assistance to the needy including the unemployed, sick, disabled and old people.
 Ensure proper working conditions and a living wage.
 Promotion of cottage industries in rural areas.
 The state should endeavour towards a uniform civil code for all the citizens of India.
 Free and compulsory education for children below the age of 14years.
 Economic and educational upliftment of the SC and ST and other weaker sections of
the society.
 Prohibition of alcoholic drinks, recreational drugs, and cow slaughter.
 Preservation of the environment by safeguarding the forests and the wild life.
 Protection of monuments, places and objects of historic and artistic interest and
national importance against destruction and damage.
 Promotion and maintenance of international peace and security, just and honourable
relations between nations, respect for international law and treaty obligations, as well
as settlement of international disputes by arbitration.

RELATION BETWEEN FUNDAMENTAL RIGHTS AND

DIRECTIVE PRINCIPLES OF STATE POLICY
The Fundamental Rights and the Directive Principles of State Policy enshrined in Parts
III and IV of the Constitution of India are designed to be supplementary and
complementary to each other, but their relationship with one another has been a subject of
controversy at times.

Both the Fundamental Rights and Directive Principles of State Policy aim at the
establishment of a true democracy, with the Fundamental Rights focusing on political
democracy by emphasizing on individual welfare and the Directive Principles of State
Policy focusing on socio-economic democracy by emphasizing on general welfare.

Both the Fundamental Rights and the Directive Principles of State Policy are concerned
with State actions. While the Directive Principles of State Policy are positive directives
that have to be kept in mind while framing laws, the Fundamental Rights place
limitations on the State to prevent the arbitrary use of State power.

The Fundamental Rights, being justiciable in nature stand legally superior to the
non-justiciable Directive Principles of State Policy. Thus, the Fundamental Rights stand
at a higher position than the Directive Principles of State Policy.

47
 With the 42nd Amendment Act of 1976 adding the word „Socialist‟ to the Preamble,
general welfare had to be given more importance, and this could only be achieved by
giving the Directive Principles of State Policy predominance over the Fundamental
Rights.

The 42nd Amendment Act established the supremacy of Parliament and curtailed the
powers of Judiciary. The fundamental rights, including those of life and liberty, granted
to citizens were now capable of being taken away by a small majority. Hence, it was
important to provide adequate safeguards against the occurrence of such an event in the
future and to ensure that the people had an effective voice in determining the form of
government under which they were to live.

Hence, the 44th Amendment Act of 1978 once again reversed the status of the
Fundamental Rights and Directive Principles of State Policy by re-establishing the
predominance of the Fundamental Rights over the Directive Principles of State Policy.

While the legal superiority of the Fundamental Rights over the Directive Principles is the
order of the day, it does not imply that the enforcement of a Fundamental Right, or the
implementation of a Directive Principle of State Policy should be at the cost of one
another, since both embody the philosophy of the Indian Constitution that aims to realize
Political and Socio - Economic Democracy in India.

SHORT ANSWER QUESTIONS

(Note: Short answer is required not exceed 200 words.)

Q.24. Write a note on Inter-American Courts of Human Rights.

ANS:- The Inter-American Court of Human Rights is a part-time, non-permanent judicial body
established by the American Convention on Human Rights. The Inter-American Court of
Human Rights is one of two bodies established by the Organization of American States to
monitor human rights in the Americas.

The Court was created by Article 33b of the American Convention on Human Rights to
safeguard the rights enshrined in the Convention. It is based in San Jose, Costa Rica, was
established in 1979, and is made up of seven judges who are elected as independent
experts for a term of six years who may be re-elected once.

48
 ROLE OF THE COURT
The Court interprets the articles of the American Convention and other international
human rights instruments to give more in-depth guidance about the provisions of the
articles and how States might implement them. This is its consultative work.

The Court‟s contentious function allows it to make decisions, take protective measures
and issue sentences on cases of individual violations of human rights, as well as
inter-State violations of human rights. However, the Court can only do this in cases
where the State concerned has already said it would allow the Court to rule on such cases.
Where the State concerned has not accepted the Court‟s jurisdiction, the case can only be
brought before the Inter-American Commission. If the State has not ratified the American
Convention, the Commission will apply the American Declaration of the Rights and
Duties of Man.

A State may accept the contentious jurisdiction of the Court, which means it agrees the
court can rule on such cases, when it ratifies the American Declaration, at a later date, or
on an ad hoc basis for a particular case. The declaration of acceptance may be
unconditional, conditional, for a specific case, or for a limited period of time.

WHO MAY FILE A COMPLAINT?

Only a state party and the Inter-American Commission have the right to submit a case to
the Court. Individuals may, however, submit cases to the Inter-American Commission. In
cases before the Court, alleged victims are allowed to participate in the proceedings
submitting their pleadings, motions and evidence, autonomously, throughout the
proceedings. They may also request the adoption of provisional measures.

JUDGEMENTS
„If the Court finds that there has been a violation of a right or freedom protected by this
Convention, the Court shall rule that the injured party be ensured the enjoyment of his
right or freedom that was violated. It shall also rule, if appropriate, that the consequences
of the measure or situation that constituted the breach of such right or freedom be
remedied and that fair compensation be paid to the injured party.‟

 Binding force:- The States Parties to the Convention undertake to comply with the
judgement of the Court in any case to which they are parties. That part of a judgment that
stipulates compensatory damages may be executed in the country concerned in
accordance with domestic procedure governing the execution of judgments against the
state‟.
49
  Execution of judgements: -The Convention does not establish any institutional role for
the political organs of the Organisation of American States to supervise enforcement of
the Court‟s rulings. There is no counterpart, for example, to the Committee of Ministers
of the Council of Europe. In the American Convention, only one article refers to the
enforcement of judgements. According to Article 65, the Court is obliged to submit an
Annual Report to each regular session of the General Assembly of the OAS for its
consideration. In this report, the Court „shall specify, in particular, the cases in which a
state has not complied with its judgments, making any pertinent recommendations.‟

Q.25. Write about State Human Rights Commission.

ANS:- The Protection of Human Rights Act of 1993 provides for the creation of State Human
Rights Commission at the state level. A State Human Rights Commission can inquire into
violation of human rights related to subjects covered under state list and concurrent list in
the seventh schedule of the Indian constitution.

The Protection of Human Rights Act of 1993 provides for the creation of State Human
Rights Commission at the state level. A State Human Rights Commission can inquire into
violation of human rights related to subjects covered under state list and concurrent list in
the seventh schedule of the Indian constitution.

COMPOSITION
Human Rights (Amendment) Act, 2006 consists of three members including a
chairperson. The chairperson should be a retired Chief Justice of a High Court.

The other members should be:

1. A serving or retired judge of a High Court or a District Judge in the state with a
minimum of seven years experience as District judge.
2. A person having practical experience or knowledge related to human rights.

The Governor of the state appoints the chairperson and other members on the
recommendations of a committee consisting of the Chief Minister as its head, the speaker
of the Legislative Assembly, the state home minister and the leader of the opposition in
the Legislative Assembly. The chairman and the leader of the opposition of legislative
council would also be the members of the committee, in case the state has legislative
council.

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The tenure of the chairperson and members is five years or until they attain the age of 70
years, whichever is earlier. After the completion of their tenure, they are not eligible for
any further employment under the state government or the central
government. However, chairman or a member is eligible for another term in the
commission subject to the age limit.

FUNCTIONS OF THE COMMISSION

According to the protection of Human Rights Act, 1993; below are the functions of State
Human Rights Commission:
1. Inquire suo motu or on a petition presented to it, by a victim, or any person on his be
into complaint of violation of human rights or negligence in the prevention of such
violation by a public servant.
2. Intervene in any proceeding involving any allegation of violation of human rights
before a Court with the approval of such Court.
3. Visit any jail or any other institution under the control of the State Government where
persons are detained to study the living conditions of the inmates and make
recommendations thereon
4. Review the safeguards provided by or under the constitution of 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. Undertake and promote research in the field of human rights.
7. Spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights.
8. Encourage the efforts of Non-Governmental organizations and institutions working in
the field of human rights.
9. Undertake such other functions as it may consider necessary for the promotion of
human rights.

WORKING OF THE COMMISSION

• The commission is vested with the power to regulate its own procedure.
• It has all the powers of a civil court and its proceedings have a judicial character.
• It may call for information or report from the state government or any other authority
subordinate thereto.

It has the power to require any person subject to any privilege which may be claimed
under any law for the time being in force, to furnish information on points or matters
51
 useful for, or relevant to the subject matter of inquiry. The commission can look into a
matter within one year of its occurrence.

CRITICISM
State Human Rights Commission has limited powers and its functions are just advisory in
nature. The commission does not have power to punish the violators of human rights. It
cannot even award any relief including monetary relief to the victim. The
recommendations of State Human Rights Commission are not binding on the state
government or authority, but it should be informed about the action taken on its
recommendation within one month.

CONCLUSION
There is a requirement to increase the powers of the State Human Rights Commission.
This could be increased in various ways in delivering justice to the victims. The
commission should be empowered to provide interim and immediate relief including
monetary relief to the victim. The commission should also be authorized to punish the
violators of the human rights, which may act as deterrent to such acts in the future. The
interference of state government in the working of commission should be minimum, as it
may influence the working of commission.

Q.26. Write about the National Commission for Women Act 1990.
ANS:- The National Commission for Women was constituted in 1992 as a statutory body in
pursuance of the National Commission for Women's Act 1990 to safeguard the interests
of women.

The Committee on the Status of Women in India (CSWI) recommended nearly two
decades ago, the setting up of a National Commission for women to fulfil the surveillance
functions to facilitate redressal of grievances and to accelerate the socio-economic
development of women.
 Successive Committees / Commissions / Plans including the National Perspective
Plan for Women (1988-2000) recommended the constitution of an apex body for
women.
 During 1990, the central government held consultations with NGOs, social workers
and experts, regarding the structure, functions, powers etc. of the Commission
proposed to be set up.
 In May 1990, the Bill was introduced in the Lok Sabha.
 In July 1990, the HRD Ministry organized a National Level Conference to elicit
suggestions regarding the Bill. In August 1990 the government moved several
52
 amendments and introduced new provisions to vest the commission with the power
of a civil court.
 The Bill was passed and received accent of the President on 30th August 1990.

COMPOSITION
The commission shall consist of a chairperson, a member secretary, and other five
members.
Chairperson: The chairperson should be nominated by the central government.
Five members: The five members are also to be nominated by the central government
from amongst the person of ability, integrity, and standing. They should possess an
experience in various fields like law or legislation, trade unionism, management of
industry potential of women, women‟s voluntary organization, education, administration,
economic development and social good-being.
Member secretary: Member secretary is also nominated by the central government. He/
she should be either an expert in the field of management, organization or an officer who
is a member.

It has a wide mandate covering almost all aspects of women's development from
investigating and examining the legal safeguards provided for women under the
Constitution and other laws affecting women and recommend amendments to meet any
lacunae, inadequacies or shortcomings in such laws.

It also looks into the complaints and takes suo-moto notice of matters relating to
deprivation of women's rights etc. and take up such issues with appropriate authorities.
NCW also take up studies and research on issues of relevance to women, participate and
advise in the planning process for socio-economic development of women, evaluate the
progress made thereof. It also inspect jails, remand homes etc where women are kept
under custody and seek remedial action wherever necessary.

In keeping with the mandate the Commission has initiated various steps to improve the
status of women and works for their economic empowerment.

FUNCTIONS OF NATIONAL COMMISSION FOR WOMEN

1. To investigate and examine all matters relating to safeguards for women.
2. Make recommendation for effective implementation of safeguards.
3. Review the existing provision of the Constitution.
4. Call for special studies or investigations into specific problems.

53
INQUIRY AND INVESTIGATION
The National Commission of Women enjoys the powers of a civil court. It investigates
and examines the matters related to the safeguards ensured for feminine society under the
Constitution of India. It took complaints suo moto notice of matters related to the non-
implementation of laws and non- implementation of laws and non -compliance of policy
decisions, guidelines enacted and aimed at mitigating hardships ensuring the welfare and
then take up issues arising out of matter with the concerned authorities.

ACTION RESEARCH
NCW members take part in the planning process of socio-economic development of
women, propose measures to encourage their representation in all spheres and review
their advancement. It also reviews the safeguards provided for women in the Constitution
and other laws study their working, recommend amendments to meet any inadequacies or
deficiencies, and advocate measures for effective implementation.

LEGAL INTERVENTION
The Parivarik Mahila Lok Adalat, (PMLA) is an innovative component with its roots in
the traditional Nyaya Panchayats. It is created by NCW for the redressal and speedy
disposal of cases. It has taken up 7500 cases so far. The essential feature of PMLA is
cordial mutual settlement and flexibility in implementation, aiming to empower women
in the justice delivery mechanism.

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

1. Investigation and Examination: Investigate and examine all the matters relating to
the safeguards provided for the women under the Constitution and other laws.

2. Presentation of Reports: Table reports to the Central Government, every year and
at such other times as the Commission may deem fit, reports upon the Working of
those safeguards.

3. Recommendations: Make in such reports and recommendations, for the effective

accomplishment of those safeguards for enhancing the conditions of the women by
the Union or any State.
4. Review, every now and then, the current provisions of the Constitution and other
laws distressing the women and prescribe alterations and suggest curative legislative
measures meet any break, inadequacies and incapacity in such legislation.

54
 5. Cases of Violation: Take up cases of infringement of the provisions of the
Constitution and of other laws relating to the women with the relevant authorities.

6. Suo Motu Notice: It looks into complaints, and takes Suo Motto notice of matters
relating to deprivation of women‟s rights, Non-implementation of the laws and
Non-compliance of the policy decisions guaranteeing the welfare for women society.

7. Special Studies and Investigation: It conducts special studies or investigation on

the concerning issues or circumstance emerging out of segregation and outrages
against ladies and recognizes the limitations in order to suggest techniques for their
expulsion.

8. Research: Undertake the promotional and educational research so as to propose

ways of ensuring due representation of the women in all fields and identifies the
factors responsible for impeding the support services and technologies for decreasing
drudgery and professional health hazards and for escalating their efficiency.

9. Participation in all spheres particularly in Planning – take part and advice on the
planning process of socio-economic development of women.

10. Evaluation – assess the progress of the development of women society under the
Union and State.

11. Inspection – investigate or cause to be inspected a jail, remand home women‟s

establishment or other places of guardianship where ladies are kept as detainees.

12. Funding – fund litigation, relating issues affecting a large body of women.

13. Reporting – make periodical reports on any issue pertaining to women and in
particular various difficulties under which women toil.

Q.27. Explain the powers and functions of National Human Rights Commission.
ANS:- The NHRC has the following powers and functions:
1. To investigate complaints regarding the violation of human rights either suo moto
or after receiving a petition.
2. To investigate the failure of duties on the part of any public official in preventing
the violation of human rights.

55
 3. To intervene in any judicial proceedings involving any allegation of violation of
human rights.
4. To visit any jail or any other institution under the control of the State Government
to see the living conditions of the inmates and to make recommendations thereon.
5. To review the safeguards provided under the constitution or any law for the
protection of the human rights and to recommend appropriate remedial measures.
6. To study treaties and other international instruments on human rights and to make
recommendations for their effective implementation.
7. To undertake and promote research in the field of human rights.
8. To encourage the efforts of the non-governmental organisations working in the
field of human rights.
9. To spread human rights literacy among various sections of society and to promote
awareness of the safeguards available for the protection of these rights through
publications, the media, seminars and other means.
10. To review all facts related to the activities of the terrorists which obstruct the way
of the protection of human rights and to make recommendations for their effective
implementation.

While making an inquiry into the complaints submitted to it, the commission enjoys the
powers of a civil court. It can recommend to both the central and state governments to
take appropriate steps to prevent the violation of Human Rights. It submits its annual
report to the President of India who causes it to be laid before each House of Parliament.

It usually sends a copy of the inquiry report to the petitioner and also to the concerned
government. The government may be asked to inform it about the action taken or
proposed to be taken on the concerned complaints.

Q.28. When can a person directly approach Supreme Court or High Court in
case of violation of fundamental rights under Indian Constitution?
ANS:- Article 32(2) of the Constitution provides that the Supreme Court shall have the power
to issue directives or writs in the nature of habeas corpus, mandamus, prohibition, quo
warranto and certiorari for the enforcement of any of the fundamental rights. Article
226(1) of the Constitution confers similar power on the High Courts to issue directions or
orders or writs for the enforcement of any of the fundamental rights and for any other
purpose. The judiciary acts as the final interpreter, protector, guardian and guarantor of
the fundamental rights of every citizen. The Supreme Court has laid down the need
for just, fair, reasonable procedure and adequate safeguards against the encroachment by
the State on personal liberty of citizens, free legal aid to the poor and speedy trial in
56
 several decided cases. The role of judiciary has widened with the corresponding shift in
the attitude of modern science of law from the analytical to functional. The court stands
between the individuals and the State. It protects the human rights of the individual from
any unjustified interference. For the existing judicial process Public Interest Litigation is
a new approach. The traditional rule of locus standi has been liberalized by the Supreme
Court while invoking Article 32 of the Constitution. Writ of Habeas Corpus may be filed
by a person other than the victim. However, the petitioner shall not be a complete
stranger. Even the court has relaxed the traditional rule of locus standi which allowed
exclusively the aggrieved person who had suffered a specific injury. The Supreme Court
has even taken cognizance of letters from individuals complaining of the infraction of
fundamental rights and has treated such letters as writ petitions. Bandhua Mukti Morcha
Justice Bhagawati has said that when a member of the public acting bonafide moves
the court for enforcement of a fundamental right on behalf of a person or class of persons
who on account of poverty or disability or socially or economically disadvantaged
position cannot approach the court for relief may move the court even by just writing a
letter.

Q.29.Write a brief note on the National Human Rights Institutions.

ANS:- National Human Rights Institutions (NHRIs) that comply with the principles relating to
the status of national institutions, commonly known as the Paris Principles, are playing a
crucial role in promoting and monitoring the effective implementation of international
human rights standards at the national level, a role which is increasingly recognized by
the international community.

National human rights institutions are independent bodies established to stand up for
those in need of protection and to hold governments to account for their human rights
obligations. They also help shape laws, policies and attitudes that create stronger, fairer
societies.

NHRIs are established by law or in the constitution, to promote and protect human rights
in their respective countries. However, they operate and function independently from
government.

Strong and effective NHRIs help bridge the "protection gap" between the rights of
individuals and the responsibilities of the State by:
 Monitoring the human rights situation in the country and the actions of the State

57
  Providing advice to the State so that it can meet its international and domestic human
rights commitments
 Receiving, investigating and resolving complaints of human rights violations
 Undertaking human rights education programs for all sections of the community
 Engaging with the international human rights community to raise pressing issues and
advocate for recommendations that can be made to the State.

Several national and state human rights institutions have been created with the aim of
protecting human rights and investigating human rights violations.

Affected persons are urged to identify the relevant national and/or state human rights
institutions and contact them with detailed information on the eviction threat or the
forced eviction, and the violations of human rights of different sections of the population.
Where state institutions do not exist or are not function inadequately, the national human
rights institutions could be approached.

These include:
1. National Human Rights Commission
2. National Commission for Women
3. National Commission for Protection of Child Rights
4. National Commission for Minorities
5. National Commission for Backward Classes
6. National Commission for Scheduled Castes
7. National Commission for Scheduled Tribes

VERY SHORT ANSWER QUESTIONS

(Note: Very short answer is required not exceeding 75 words.)

Q.30. Name the regional agencies established for the promotion and protection
of human rights.
Ans:- The regional agencies established for the promotion and protection of human rights are-
1. European Convention on Human Rights.
2. The American Convention on Human Rights.
3. The African Charter on Human Rights and people‟s Rights.
4. Arab commission on Human Rights

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Q.31. What is Inter-American Commission on Human Rights?
Ans:- The Inter-American Commission is a quasi-judicial, quasi-political body established by
the OAS Charter and the American Convention on Human Rights . It is based in
Washington DC, USA. Commission was established in 1959 by fifth meeting of
consultation of ministers of foreign affairs. The OAS council compiled with the mandate
in I960 by adopting statue of commission and electing 7 commission members. The
commission performs variety of function life consultative, promotional activities. It also
play different role in many situation. The commission sponsors conferences, pamphlets,
and human documents and also plays a great role in mediating, protecting human
rights in civil war situation, armed conflicts.

Q.32. How did the European Convention come about?

Ans:- The Council of Europe was founded after the Second World War to protect human rights
and the rule of law, and to promote democracy. The Member States‟ first task was to
draw up a treaty to secure basic rights for anyone within their borders, including their
own citizens and people of other nationalities. Originally proposed by Winston Churchill
and drafted mainly by British lawyers, the Convention was based on the United Nations‟
Universal Declaration of Human Rights. It was signed in Rome in 1950 and came into
force in 1953.

Q.33. Write measures for protecting Child rights.

ANS:- The Government has taken several legislative and policy measures to protect child
rights in the country. It is already implementing several laws, policies and programmes
for protection of child rights in the country. Some of the key legislative and policy
measures are:-
1. Enactment of Commissions for Protection of Child Rights Act, 2005 for setting up
of National Commission for Protection of Child Rights (NCPCR) and State
Commission for Protection of Child Rights (SCPCR)
2. The Juvenile Justice (Care and Protection of Children) Act of 2000 amended in 2006
and 2011and Juvenile Justice (Care and Protection of Children) Bill 2014.
3. The Prohibition of Child Marriage Act, 2006
4. The Protection of Children from Sexual Offences Act, 2012
5. National Policy for Children, 2013
6. National Early Childhood Care and Education (ECCE) Policy, 2013
7. The Right of Children to Free and Compulsory Education (RTE) Act, 2009.
8. Child Labour (Prohibition & Regulation) Amendment Bill, 2012.

59
 The following Schemes are being implemented:-
1. Integrated Child Protection Scheme (ICPS) in 2009.
2. Indira Gandhi Matritva Sahyog Yojana (IGMSY), 2010.
3. Rajiv Gandhi Scheme for Empowerment of Adolescent Girls (Sabla), 2010.
4. Restructured Integrated Child Development Scheme (ICDS), 2012.
5. Rajiv Gandhi National Creche Scheme
6. Ujjawala
7. Child line and Track Child.
8. Multi-sectoral programme to address Maternal and Child under nutrition
9. Beti Bachao, Beti Padhao.
10. Rashtriya Bal Swasthya Karyakaram (RBSK) launched in 2013.

Q.34. How does National Human Right Commission constitute?

Or
Who are the members of National Human Rights Commission?
ANS:- The NHRC consists of:
 A Chairperson
 One Member who is, or has been, a Judge of the Supreme Court of India
 One Member who is, or has been, the Chief Justice of a High Court
 Two Members to be appointed from among persons having knowledge of, or
practical experience in, matters relating to human rights
 In addition, the Chairpersons of four National Commissions of serve as ex officio
members-
1. Minorities
2. SC
3. ST
4. Women

Q.35. Give the objects of Protection of Human Rights Act, 1993.

ANS:- The main objective of protection of Human Rights Act 1993 is protecting human beings
from violations. Without Human rights there would be either no if or a meaning less life.
The rights relating to life, liberty equality and dignity of the individual as guaranteed by
the constitution are also included in the category of “Human Rights”. Human Rights are
the rights and freedoms of all human beings. The purpose of securing human rights as
such is to provide protection to these rights against the abuse of power committed by the
organs of state to establish institution for the promotion of living condition beings and for
the development of their personality and at the same time to provide effective remedial

60
 measures for obtaining redress in the event of those rights are violated. The Act provides
for establishment of National Human Rights Commission, State Human right
Commission and Human Rights Courts which seeks to prevent and punish any gross
violation of human rights.

Q.36. What is meant by P.I.L.?

ANS:- Public Interest Litigation, in Indian law, means litigation for the protection of public
interest. It is litigation introduced in a court of law, not by the aggrieved party but by the
court itself or by any other private party. It is not necessary, for the exercise of the court's
jurisdiction, that the person who is the victim of the violation of his or her right should
personally approach the court. Public Interest Litigation is the power given to the public
by courts through judicial activism.

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