UNIT IV WOMENS RIGHTS India referred to as Mother country and the Indian traditions, treating Mother as Goddess still

prevails. But yet women harassment by the Indian society is on the increase through many ways such as molestation, cruelty, kidnapping, eve-teasing, dowry, dowry deaths, harassments and so on. Women have e ual rights as that of men. Men and women shall en!oy in practice, e ual rights, e ual access to and control over productive resources, education, marriage, profession, health, land, shelter, credit, information, knowledge, skills, and technology, residence, politics and nationality, etc. Men and women en!oy e ual rights without discrimination. "ccording to #.$. report, %&'( )Women constitute half of the world population perform two-third of its work hours, received one-tenth of the world*s income and own less than one-hundredth of the world*s property+. In the preamble of the charter of #.$., International conventions, and covenants e,presses about women as follows-

. / ual rights of men and women in the matters of participation in the work of the #nited $ations. . Men and women are e ual before law and are entitled without any discrimination to e ual protection . . Women shall be entitled to vote in all elections on e ual terms. . Women shall be eligible to hold public office.
India has given e ual status to women under its constitution under "rticle %0, which provides that, +the 1tate shall not deny to any person e uality before law or e ual protection of the laws within the territory of India+. India has an elaborate system of laws to protect the rights of women including the / ual 2emuneration "ct, the 3revention of Immoral 4raffic "ct, the 1ati "ct, and the 5owry 3rohibition "ct. 4he various provisions of the above act clearly show that women in India en!oy right to e uality and any discrimination against them shall be violation of e uality of right and respect of human dignity. 4he 6onstitution of India also provides under "rticle %7 that, +every female citi8en has a right to access to shops, public restaurants, hotels and places of public entertainments+. $o restriction can be imposed on women citi8ens with regard to the use of well, tanks, roads and places of public resort maintained wholly or partially by state funds. Right to Inheritance Inheritance is the practice of passing on property, titles, debts, rights and obligations upon the death of an individual. It has long played an important role in human societies. Women had earlier very limited rights in property. 3rior to the 9indu 1uccession "ct, %&7: she had a limited estate in the property inherited by her husband. #nder 1ection %0 of the 9indu 1uccession "ct any property possessed by a female 9indu whether ac uired before or after the commencement of the "ct was to be held by her as a full owner and not as a limited owner and all rights of limited ownership of female 9indus became absolute rights. under law. Men and women have the right to e ual pay for e ual work.

Women have got e ual rights, like men. Women can also earn, ac uire, own, manage and dispose of property at their discretion. Women can ac uire property through the following means, which are applicable in the case of men also%. 4hrough the own earnings ;. 4hrough purchase <. 4hrough gift 0. 4hrough will 7. 4hrough inheritance. " woman can own the property, possess it, manage it, en!oy its income, and dispose it by sale, transfer or settlement. =ver her property she has the e,clusive and absolute rights. 9er father, her husband or her brother or her children have no legal right over her property. / uality of right in respect of the ownership, ac uisition, management, administration, en!oyment and disposition of property, whether free of charge or for a valuable consideration. Right to Marriage and Found Family Men and women of marriageable age can marry and found a family. " woman has got as much right to marry as a man has. Women have the following rights regarding their marriage. %. 2ight of women of marriageable age to marry and to found a family. ;. 2ight to choose a spouse freely and to enter into marriage only with their free and full consent. <. / uality of rights and responsibility of women as to marriage, during marriage and at its dissolution. 0. / uality of rights and responsibilities as parents, in matters relating to their children. 7. / uality of rights and responsibilities with regard to guardianship, ward ship, trusteeship and adoption of children. :. 2ight to choose a family name, a profession and an occupation. >. 2ights to decide freely and responsibly on the number and spacing of their children and to have access to the information, education, and means to enable them to e,ercise their rights. Right to i!orce and Remarry 4he divorce is the most hated and unpleasant thing in the world. It becomes inevitable in some e,treme situations when it is not possible for the husband and wife to live together. It is allowed normally when all the efforts for reconciliation have proved abortive and there are no chances left for them to live together amicably. 5ivorce is an abominable and unfortunate practice, but sometimes it becomes necessary and unavoidable. 5ivorce is a legal dissolution of marriage and is recogni8ed in almost all societies. It is regarded as a necessary corollary to the law of marriage, but the right to divorce among the community and nation differ. In the modern world almost all nations have liberali8ed their divorce laws, conferring many e uitable and humanitarian rights on women. " married woman shall have the right to demand divorce from her husband. Women can get divorce from their husbands by mutual consent or by courts of law ?4he @amily 6ourts "ct, %&'0A.

" married woman can obtain !udicial divorce from her husband on any one or more of the following grounds, namelyiA iiA iiiA ivA 4hat the whereabouts of the husband have not known for a period of 0 years. 4hat the husband has neglected or has failed to provide for her maintenance for a period of ; years. 4hat the husband has married another wife without the consent of the first wife. 4hat the husband has failed to perform, without reasonable cause, his marital obligations for a period of < years vA 4hat the husband has been insane for a period of ; years or is suffering from leprosy or a virulent veneered disease. viA 4hat the husband treats her with crueltyBassaultBforce her to lead an immoral life, and viiA 4hat the husband has been sentenced to imprisonment for a period of > years or upward. Right to "do#tion Women in India are likely to get e ual rights in guardianship and adoption of children. 3arliament had passed the 3ersonal Caws ?"mendmentA Bill, ;(%( to amend the Guardians and Wards "ct, %'&( and the 9indu "doptions and Maintenance "ct, %&7:. "ccording to the Guardians and Wards "ct, which applies to 6hristians, Muslims, 3arsis and Dews, if a couple adopts a child, the father is the natural guardian. 4he "ct provides for the mother to be appointed as a guardian along with the father so that the courts do not appoint anyone else in case the father dies. #nmarried, divorced women and widows are allowed to adopt a child but women separated from their husbands and engaged in lengthy divorce battles cannot adopt a child. " married woman separated from her husband to adopt with the consent of her husband even during the time of divorce proceedings. Right to Education It is obligatory on every male and female to get education, ac uire learning and search for knowledge. 4he woman has got e ual right with the men to ac uire education and learning. /ducation makes a woman to become a good wife, mother, good human being and a useful citi8en. 4he various International conventions and covenants on human rights provide that women shall be provided same conditions for careers and vocational guidance as that of men. 4hey shall be provided same access to studies for the achievement of diplomas in educational establishment. / uality shall be provided in pre-school, general, technical, professional and higher education as well as in all types of vocational training. Women shall have access to the same curricula the same e,aminations, and use e uipment of the same uality as to that of men. Women have the following rights relating to education. 2ight to education 2ight to choose the kind of education. 2ight to access to same curricula, the same e,amination and same standard of education as to that of men. 2ight to participate actively in sports and physical education. / uality of right in preschool, general, technical, professional and higher technical education as to that of men. / ual opportunities for access to programmes of continuing education, including adult literacy programmes.

%. ;. %. <. ;. <.

0. / ual conditions of access to, and study in, educational institutions of all types, including universities and vocational, technical and professional schools. Right to Em#loyment and $areer "d!ancement /arning of livelihood for the family is basically a duty of the man. Man is responsible for providing food, cloth and shelter to his wife and children. 9owever, there may be a situation where the woman has also to work for earning livelihood. 4hough earning of sustenance for the family is basically the duty of men and women to engage in any employment, business, profession or vocation to earn or contribute in the income of the family in case of need. Women have the following rights with regards to employment and career development. iA 2ight to work. iiA 2ight to free choice of professionBemploymentBcareer development iiiA 2ight to same employment opportunities as that of men. ivA 2ight to fair and e ual remuneration for e ual work as that of men. vA 2ight to e ual benefits and to e ual treatment viA 2ight to obtain all types of training formal or non-formal in order to increase their profession. viiA 2ight to promotion, !ob security and all benefits and conditions of service as that of men. viiiA 2ight to protection of health and to safety in working conditions. i,A 2ight to maternity relief. ,A 2ight to receive medical and disability benefits. ,iA 2ight to ade uate standard of living for herself and her family including housing on e ual terms with men. ,iiA 2ight to social security, particularly in cases of retirement, unemployment, sickness and old age and other inability to work, as well as the right to paid leave. Right% Relating to o&ry 5owry means any property or valuable security given or agreed to be given by one party to the marriage to the other party or either party to a marriage either directly or indirectly. 5owry may be given at or before or any time after the marriage in connection with the marriage of the said parties. 4aking or giving dowry or abetting to give dowry or abetting to take dowry is offence under the 5owry 3rohibition "ct %&:%. "s per section < of the "ct, the person gives or takes dowry shall be punishable with imprisonment for a term which shall not be less than five years, and with fine which shall not be less than fifteen thousand rupees or the amount of the value of such dowry, whichever is more. /radication of 5owryiA 4he laws prohibiting giving and taking of dowry must be strictly enforced by the law enforcing agencies iiA 4he society especially the male members will not demand any dowry in any way iiiA 4he society should uphold the rights of women and e ual protection should be given to the women member of the society. ivA 4he married women must be honored with all the material rights which they en!oy after marriage. vA 4he Government should take all possible measures to eradicate poverty and illiteracy among the society, which are main reasons for dowry.

viA Earious women*s organi8ation like "ll India 5emocratic Women*s "ssociation ?"I5W"A, $ational 6ommission for Women ?$6WA and 1uriya 3engal must fight for the rights of the women and they must raise their voice against giving and taking dowry. viiA Women must be given due share in the entire organi8ation and in employment. Right 'or E(uality Indian 6onstitution prohibits discrimination on the basis of se,. Fet, it recogni8es that women need special attention. 4he latter point is brought out by "rticles ;< and 0;. "rticle ;< prohibits traffic in human beings. "mong other things, "rticles %0, %7, %: and <& guarantee e uality among the se,es. "rticle %0 lays down e uality before the law and e ual protection of the law. "rticle %7 prohibits discrimination against any citi8en on grounds of religion, race, se,, etc. "rticle %: guarantees e uality of opportunity in matters of public employment. It says that no citi8en shall be discriminated against on ground of religion, race, caste, se,, etc. "rticle <& guarantees e ual pay for e ual work for both men and women. Right 'or Sa'e Wor)ing $ondition% "rticle <' of the Indian constitution provide for e ual pay for e ual work for both men and women. "ccording to @actories "ct %&0', women have certain safe working conditions. 4hey are $o women shall be re uired or allowed to work in any factory e,cept between the work of &.(( am and >.(( pm. $o women shall be allowed to clan, lubricate or ad!ust mover or transmission of machinery is in motion or moving parts. $o women shall be allowed to take e,cessive weights in the factory. Ma,imum daily working hours is & to the women workers $o women shall be allowed to work on or near the dangerous operations /very factory must provide sufficient member of separate canteen and urinals for women workers. $HI* RENS RIGHTS 4he children of our country are the most underprivileged in our society. 4he poverty in our country is of such great magnitude that children from underprivileged section of the society are forced to work resulting in child labour. "ccording to $ational 1ample 1urvey, the number of child workers have increased manifold in the society. @urther the condition in which a child is forced to work is no better than that of slavery. 4he preamble to the 5eclaration on the 2ights of the 6hild provides the following right of a child%A 2ight to life ;A 2ight to ac uire nationality <A 2ight to freedom of thought 0A 2ight to privacy 7A 2ight to health care and protection :A 2ight to work >A 2ight to freedom from torture and ill treatment 'A 2ight to education &A 2ight to family environment %(A 2ight to benefit from social security

%%A 2ight to en!oyment %;A 2ight against e,ploitation %<A 2ight against e,ploitation of child labour Right on +rotection and $are 4he government of India has enacted the following thirteen "cts to provide legal protection to all children. %. 4he 6hild Marriage 2estraints "ct, %&;&. ;. 4he 6hildren "ct, %&<<. <. 4he /mployment of 6hildren "ct, %&<'. 0. 4he Minimum Wages "ct, %&0'. 7. 4he @actories "ct, %&7%. :. 4he 3lantation Cabour "ct, %&7%. >. 4he Indian @actories "ct and Mines "ct, %&7;. '. 4he Merchant 1hipping "ct, %&7'. &. 4he "pprentices "ct, %&:%. %(. 4he "tomic /nergy "ct, %&:;. %%. 4he Beedi and 6igar Workers ?6ondition of /mploymentA "ct, %&::. %;. 4he 1hops and /stablishments "cts, %&:& ?1tatewiseA %<. 4he 6hild Cabour ?3rohibition and 2egulationsA "ct, %&':. Governments have a responsibility to take all available measures to make sure childrenGs rights are respected, protected and fulfilled. 6hildren have the right to be protected from being hurt and mistreated, physically or mentally. 6hildren who cannot be looked after by their own family have a right to special care and must be looked after properly, by people who respect their ethnic group, religion, culture and language. 6hildren have the right to care and protection if they are adopted or in foster care. 6hildren have the right to special protection and help if they are refugees. 4he government should protect children from work that is dangerous or might harm their health or their education. Governments should use all means possible to protect children from the use of harmful drugs and from being used in the drug trade. Governments should protect children from all forms of se,ual e,ploitation and abuse. 4he government should take all measures possible to make sure that children are not abducted, sold or trafficked. $o one is allowed to punish children in a cruel or harmful way. 6hildren who have been neglected, abused or e,ploited should receive special help to physically and psychologically recover and reintegrate into society. I%%ue% Related &ith In'anticide @emale infanticide is the intentional killing of infant girls. In addition to the active methods undertaken to eliminate baby girls soon after birth, neglect and discrimination leading to death and se,selective abortion are also means by which many female children die each year. 4hese phenomena are most prevalent in patriarchal societies in which the status of women is low and a preference for sons is built into the cultural ideology. @emale infanticide cuts across all social and economic boundaries. 4hus, the practice involves a wide range of location-specific and culturally-motivated

causes. In rural and poverty-stricken areas, lack of education, economic resources, and access to healthcare are factors that lead to the murder of infant girls. In urban areas, selective abortion is commonly employed by individuals with access to modern medical technology that allows for early detection of se,. #nfortunately, although government programs and human rights organi8ations strive to put an end to these practices with education, financial incentives, and threat of punishment, female infanticide continues. India and 6hina, two of the most populous countries today, top the list of nations in which these atrocities are carried out. STREET $HI* REN 4he issue of street children is considered to be an urban problem. 6hildren can be found in railway stations, near temples and durgahs, in markets, under bridges, near bus deports and stops, etc. 9ence the definition of street is not in the literal sense, but refers to those children without a stable home or shelter. 4here are three ma!or categories of street children 6hildren who live on the street with their families and often work on the street. 4here may be children from migrated families, or temporarily migrated and are likely to go back to their homes. 6hildren who live on the street by themselves or in groups and have remote access or contact with their families in the villages. 1ome children travel to the cities for the day or periods of time to work and then return to their villages. 6hildren who have no ties to their families such as orphans, refugees and runaways. $HI* *",OUR 6hild labour is the practices of having children engage in economic activity, on part or full-time basis. 4he practice deprives children of their childhood, and is harmful to their physical and mental development. 3overty, lack of good schools and growth of informal economy are considered as the important causes of child labour in India. India has a federal form of government, and child labour is a matter on which both the central government and country governments can legislate, and have. 4he ma!or national legislative developments include the following-H 4he @actories "ct of %&0'- 4he "ct prohibits the employment of children below the age of %0 years in any factory. 4he law also placed rules on who, when and how long can pre-adults aged %7I%' years be employed in any factory. 4he Mines "ct of %&7;- 4he "ct prohibits the employment of children below %' years of age in a mine. 4he 6hild Cabour ?3rohibition and 2egulationA "ct of %&':- 4he "ct prohibits the employment of children below the age of %0 years in ha8ardous occupations identified in a list by the law. 4he list was e,panded in ;((:, and again in ;(('. 4he Duvenile Dustice ?6are and 3rotectionA of 6hildren "ct of ;(((- 4his law made it a crime, punishable with a prison term, for anyone to procure or employ a child in any ha8ardous employment or in bondage. 4he 2ight of 6hildren to @ree and 6ompulsory /ducation "ct of ;((&- 4he law mandates free and compulsory education to all children aged : to %0 years. 4his legislation also mandated that ;7 percent of seats in every private school must be allocated for children from disadvantaged groups and physically challenged children. Eradication o' child la-our

6hild labour is one of the most pressing social problems which the international community has been facing. 6hild labour can be eradicated by giving the rights to the children, which are entitled to children under various international laws. %A Making education compulsory and free to the children up to the age to %7 ;A 1tringent laws against the employment of children should be enforced. <A 3arents should be made to reali8e the mistakes committed from their side in sending the children in their tender age to work. 0A @ilm industry could play a laudable role in eradicating child labour by producing documentary films depicting the conse uences of child labour. 7A 6oncerned governments should take steps to emphasi8e more on universalisation of primary health and education. 3rimary education is the only long term solution to the problem of child labour. 4otal literacy campaign should be identified and transit schools are a must for child labours. :A $on-government organisations ?$G=A should contribute their best to protect children and provide social security and social !ustice. >A Individual*s role in this regard is uite warranted as it is uite reliable and encouraging in solving the problem of chills labour. 'A /very school should have the right philosophy of education. Minimum and standard norms should be established. 4he curriculum should aim at the physical, social, economical and cognitive development of children. &A 6hildren must be given freedom to e,press their grievances in the right forum. When the children are given ample social security, child labour can be avoided. ,ON E *",OUR Bonded labour is a form of debt slavery that is created when an individual begins to work for another person who holds a debt from that worker. It is also known as debt slavery. =nce a bonded labor situation has been created, some individuals find it impossible to ever break out of it. 4he purpose of bonded labor for the individual holding the debt is to get a cheap source of labour. 4he slaves underwent frightful abuses and cruelties and as such they lost their human dignity. 4hey were either paid no wages or very low wages. Ciberty, richness and peace are not known to a slave. Eradication o' ,onded *a-our% /fforts were taken to eliminate the bonded labour system in India since Independence various "cts were passed to eradicate B remove bonded labour system in India. %. 1teps should be taken to identify the bonded labourers in various parts of the country and initiate legal action against the culprits who kept, the innocents in bondage. ;. 4he role of $G=s is very essential in identifying the bonded labourers, in various parts of India. <. 3roper and necessary amendments must be introduced in the e,isting Bonded Cabour "bolition "ct. 0. Bonded labourers must be made to realise their rights for which education is the only means. 7. Earious "cts passed by the Government to abolish bonded labour since Independence. 4hey areo Mines "ct, %&7;. o 6ontract Cabour "bolition "ct, %&>(. o 6ontract Cabour ?2egulation and "bolitionA "ct, %&>(. o Bonded Cabour system "bolition "ct, %&>:. o / ual 2emuneration "ct, %&>:. o 4he Inter-1tate Migrant Workmen ?2egulation of /mployment and condition of 1ervicesA "ct, %&>&. o 6hild labour prohibition "ct, %&'%.

REFUGEES RIGHTS 2efuges are victims of gross human rights violations. 4hey are a distinct group of individuals without the protection of the national 1tate. 2efugees are +de !ure or de facto+ 1tateless persons. 2efugees are referred to those persons who leave their 1tates in which they have permanent residents to escape persecution or military action. 2efugee may be defined as a person or persons who have left their homeland or place of residence due to unavoidable and oppressive circumstances and are not prepared now to go back to their homeland or original place of residence. Right%. o-ligation% and dutie% o' the Re'ugee% 2ights and obligations of the refugees have been conferred in the 6ovenant on the 1tatus of 2efugees, %&7%. /0+er%onal %tatu% o' Re'ugee%1 4he personal status of a refugee shall be governed by the law of the country of his domicile or, if he has no domicile, by the law of the country of his residence. 2ights relating to personal status of refugee and hisJ her dependent are governed by the law of the country of his residence. 20$i!il Right%1 4he 6ontracting 1tates ?country in which the refugee reside nowA shall provide minimum rights to refugees, such as right to work, right to education and social security, freedom of religion and access to courts without discrimination on the basis of race, religion or country of origin. 30Treatment o' Re'ugee%1 2efugees are re uired to be treated by the 1tate parties as their own nationals with respect to elementary education, public relief and assistance, labour legislations and social security. 40 +lace o' Re%idence1 /ach contracting 1tate shall accord to refugees the right to choose their place of residence and to move freely within its territory sub!ect to any regulations applicable to aliens. 4he 6ontracting 1tates shall not impose upon refugees duties, charges or ta,es of any description whatsoever, other or higher than those which are or may be levied on their nationals in similar situation. 50 Illegal entry o' Re'ugee%1 4he 6ontracting 1tates shall not impose penalties on those refugees who have illegally entered into their territories without authori8ation. 4he contracting 1tates also shall allow such refugees a reasonable period and all the necessary facilities to obtain permission into another country. 60 E7#ul%ion o' Re'ugee%1 4he 6ontracting 1tates shall not e,pel a refugee lawfully in their territory on grounds of national security or public order. 4he e,pulsion of such a refugee shall be only in pursuance of a decision reached in accordance with due process of law. 4he 6ontracting 1tatus shall allow such a refugee a reasonable period within which to seek legal admission into another country. 80 Tra!el ocument%1 4he 6ontracting 1tates shall issue travel documents to those refugees staying lawfully in their territory for the purpose of travel outside their territory unless compelling reasons of national security or public order otherwise re uire. 90 General O-ligation%1 /very refugee has duties to the country in which he is residing. It is e,pected from him that he will conduct or behave in accordance with the laws and regulations of the residing country. :0 "cce%% to $ourt%1 " refugee shall have free access to the courts of law on the territory of the residing country. 2efugee shall en!oy in the 6ontracting 1tates in which he is residing, the same treatment as a national in the matters pertaining to access to the courts, including legal assistance. /;0 +rohi-ition o' E7#ul%ion or Return1 $o 6ontracting 1tates shall e,pel or return ?refoulmentA a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion. India and Re'ugee% India has been kind and generous to refugees. India had neither signed the #$ 6onventions relating to refugees nor enacted a common law to deal with refugees at the national level. "t present about 7,((,((( refugees are in India, fleeing from countries like 4ibet, Bangladesh, 1ri Canka, and "fghanistan.

4he Indian 6onstitution provides that some of the fundamental rights guaranteed under part III of the 6onstitution shall available to +all persons+ and conse uently, they are available to refugees as well. 4hus, the following rights are available to refugees too. %. 2ight to e ual protection of law ?"rticle %0A ;. 2ight to protection in respect of conviction for offences ?"rticle ;(A <. 2ight to life and Ciberty ?"rticle ;%A 0. 2ight to protection against arbitrary arrest and detention ?"rticle ;;A MINORIT< RIGHTS #nited $ations sub-commission on prevention of 5iscrimination and 3rotection of Minorities has defined *minority* as followsK +4he term minority includes only those non-dominant groups in a population which possess and wish to preserve stable, ethnic, religious or linguistic traditions or characteristics markedly different from those of the rest of the population+. Right% o' Minoritie%1 %. 2ight to en!oy their own culture to profess and practice their own religion and use their own language. ;. 2ight to participate effectively in cultural, religious, social, economic and public life. <. 2ight to establish and maintain their own associations. 0. 2ight to participate effectively in decisions on the national and where appropriate, regional level. 7. 2ight to establish and maintain, without discrimination, free and peaceful contacts with other members of their group and with persons belonging to other minorities. +o%ition o' Minoritie% in India "mong the great population of one hundred and 4wenty crdres, eighty percent are 9indus and the remaining twenty percent are minorities. 4he constitution of India gives more than sufficient rights and protection to the minority classes. %. "rticle %0 grants e uality to every person before law. 4he 1tate shall not deny to any person e uality before the law. ;. "rticle %7 prohibits discrimination on grounds of religion, race, caste, se, or place of birth. <. "rticle ;:, provides for freedom to manage religious affairs to all ma!ority as well as minority communities and their members. 0. "rticle ;> provides special protection to minorities relating to freedom as to payment for ta,es for promotion of any particular religion. 7. "rticle ;' provides freedom as to attendance at religious institution or religious worship in certain educational institutions. :. "rticle <( provides for right of minorities to establish and administer educational institutions. 4he $ational 6ommission for minorities "ct, %&&; has been brought to give due protection to the minorities. #nder this "ct a $ational 6ommission for Minorities has been constituted. $o reservations have been made in services for the minorities. 9owever, under "rticle %: of the constitution of India, e ual opportunities have been given to all citi8ens including the minorities. "*IT RIGHTS 5alit means oppressed or ground down. 1ociologically, 5alits are people*s collectives who have been sub!ected to humiliation and denied access to dignity and respect on account of birth in pursuit of the mandates of certain religious scriptures. 6ommunities formerly considered LuntouchableG under the cast system increasingly describe themselves as 5alits. 5alits are untouchables. But their hand work and money are not so. Cife for a dalit is a tougher one. 4hey are mostly poor. 4hey have their own place of worship, own festivals and ceremonies.

5alits are mostly landless or marginal farmers. Most of the dalits are working as a agricultural forced labour, for which they are given nothing, not even food. 9ence they are poor and downtrodden. 4hey have no permanent 1helters, nor cattle of their own. 4hey live in one room hutments, and it is damaged and unfit to live. 4his convention upholds the collective and individual rights of the 5alit draft declaration is a0so proposed by the #nited $ations by establishing a worki group on indigenous population in %&';. 4he main provisions of such draft are as under%. 5alits have the full rights to an effective en!oyment of all human rights and fundamental freedom. ;. 4hey are free and e ual to all other individuals of the country. <. 4hey possess the right of self-determination. 0. 4hey have the right to protect and maintain their own legal systems and strengthen their political, economic, social and cultural rights. 7. 5alits have a right to nationality. :. 4hey have a collective right to live in freedom, peace, and procure security like any other normal citi8en. >. 4hey have right to special protection and security in case of armed conflicts. '. 4hey have the right of dignity and diversity art their tradition, culture histories and aspirations. &. 4hey have the right of conversation restoration and protection of the total environment and the productive capacity of their lands and territories and resources. %(. 4hey have the collective rights to determine responsibilities of individuals to their communities. Indian $on%titution Right% o' alit = Tri-al Right% 1everal laws have been passed by the 3arliament and 1tate legislatures to protect the rights of the 1cheduled 6astes and the 1cheduled 4ribes. "rticle %> of the 6onstitution abolishes untouchability and declares it as punishable by law. "s per 6lause ?0A of "rticle %7 permitGs the 1tate to make special provisions for the advancement of the 1cheduled 6astes, 1cheduled 4ribes and other Backward 6lasses in educational and technical institutions. 2eservations in 3ublic services in made by "rticle %:?0A for posts or appointments in favour of any backward class of citi8ens which is not ade uately represented in the 1ervices under the 1tate. 2eservation of seats in Cok 1abha and 1tate "ssemblies is made vide "rticles <<(, <<; and <<0 of the 6onstitution of India. 1pecial laws are made to protect the tribal land which forbids the sale or transfer of land to nontribals. 1pecial provisions are laid down in the @ifth and 1i,th 1chedules of the 6onstitution. 4he @ifth schedule empowers the Governor to enact special legislation for protecting the 1cheduled 4ribes from e,ploitation by moneylenders, regulating allotment of land and prohibiting or restricting the transfer of land in the 1cheduled "reas. Mea%ure% to -e ta)en to u#gradation o' the alit%1 Cegally, untouchability is forbidden. But it persists traditionally. 4o upgrade the position of the 5alits various measures have been taken. %. Basic and compulsory education could surely help to elevate their standard and position in society. 1pecial and individual attention should be paid for their higher education. ;. 3reference should be given to dalits in employment opportunities. " special reservation policy in the areas of education and public services is enshrined in the constitution. <. 3overty is the basic root cause for the social and educational backwardness of dalits. 4he government may provide for them liberal grants of scholarships, free studentship, free boarding and lodging

facilities, free uniforms, free, mid-day meals, free books and stationery, free special coaching, etc. 0. 1evere punishment to persons who initiatedB follow untouchability. :. Identifying areas where 5alits are likely to be sub!ected to atrocities and adopting measures to ensure their safety. >. 1etting up of committees to assist the government in formulating and implementing appropriate measures to improve the standard of living of 5alits. '. 4he need of the hour is to create a casteless society. @or that, efforts are to be taken to adopt constant vigilance to monitor pro!ects for the welfare of dalits. &. 3roviding facilities for the social economic rehabilitation of 5alits. %(. "ppointing agencies, officers to supervise and conduct prosecutions for committing offences against 5alits. NOM" S RIGHTS " member of a group of people who have no fi,ed home and move according to the seasons from place to place in search of food, water, and gra8ing land are called nomads. 3erson with no fi,ed residence who roams about, a wanderer also nomads. In most societies nomadic peoples face discrimination. "t the heart of this discrimination fre uently lies the crucial issue of property in land. 4he sharing of lands between nomads and settled agriculturalist societies has often led to violent confrontation. "ccess to land is a determining factor for many nomadic peoples as whether or not nomads have access to land will determine the survival of their mobile lifestyle. 9istorically nomadic peoples have not been regarded as having any rights to land because their nomadic lifestyle was not considered to fulfill the criterion of Leffective occupationG of the land. By e,ploring the evolution of international law regarding nomadic peoplesG land rights, this article analyses how human rights law could provide nomadic peoples with rights to use their lands. #ltimately, this article argues that under the banner international human rights law, nomadic peoples are gaining the right to live on their land in their traditional ways through the gradual establishment of a specific corpus of law dedicated to the rights of nomads. TRI,"*S RIGHTS1 4he Scheduled Tri-e% and Other Traditional Fore%t &eller% >Recognition o' Fore%t Right%? "ct , ;((:, is a key piece of forest legislation passed in India on %' 5ecember ;((:. It has also been called the Fore%t Right% "ct, the Tri-al Right% "ct, the Tri-al ,ill, and the Tri-al *and "ct. 4he law concerns the rights of forest-dwelling communities to land and other resources, denied to them over decades as a result of the continuance of colonial forest laws in India. M Title right% - i.e. ownership - to land that is being farmed by tribals or forest dwellers as on %< 5ecember ;((7, sub!ect to a ma,imum of 0 hectaresK ownership is only for land that is actually being cultivated by the concerned family as on that date, meaning that no new lands are granted M U%e right% - to minor forest produce ?also including ownershipA, to gra8ing areas, to pastoralist routes, etc M Relie' and de!elo#ment right% - to rehabilitation in case of illegal eviction or forced displacementK and to basic amenities, sub!ect to restrictions for forest protection M Fore%t management right% - to protect forests and wildlife