“CONDITION OF PEOPLE LIVING

IN SLUM WITH RESPECT TO

HUMAN RIGHTS”

This project is submitted in the partial fulfilment of internship at

Bihar Human Rights Commission.
NAME- REKHA KUMARI

COURSE- BBA LL.B(Hons.)

BATCH- 2019-24

YEAR/SEMESTER- 1ST YEAR 1ST SEMESTER

INSTITUTE- CHANAKYA NATIONAL LAW UNIVERSITY,PATNA

 TABLE OF CONTENT
DECLARATION BY THE CANDIDATE

ACKNOWLEDGEMENT

1. Introduction
 DECLARATION BY THE CANDIDATE

I, hereby, declare that the work reported titled “CONDITION OF PEOPLE LIVING IN
SLUM WITH RESPECT TO HUMAN RIGHTS” submitted at BIHAR HUMAN
RIGHTS COMMISSION is an authentic record of my work carried out under the
supervision of SHRI ANIL KUMAR PANDEY I have not submitted this work elsewhere
for any other degree or diploma. I am fully responsible for the contents of my Project Report.

(Signature of the Candidate)

Rekha kumari (2019-24)
B.B.A. L.L.B., 1sr year
SEMESTER -1st
CNLU, Patna
Intern at BHRC (16 December 2019-06 January 2020)
 ACKNOWLEDGEMENT
I am highly elated to work on my project topic “ Condition of people living in Slum with
respect to Human Rights” under the guidance of Shri Anil Kumar Pandey, Research Officer,
Bihar Human Rights Commission, Patna. I am very grateful to him for his proper guidance.
Also i would like to thank Hon’ble Justice Ujjwal Kumar Dubey, Acting Chairperson cum-
member (BHRC) for teaching us importance of Human rights Commission in the betterment
of society and the procedure of Commission.

I sincerely acknowledge the help of my team who accompanied me during survey and helped
me locating appropriate places and data for completion of this research work.

I would also like to extend my gratitude to our friends and all those unseen hands that helped
me out at every stage of my project. At last but not the least, I express my sincere thanks to
my parents for their generous support and cooperation throughout the project.

THANKING YOU

REKHA KUMARI (2019-24)

BBA LL.B(Hons.)

1st Semester, 1st Year

Chanakya National Law University

Intern at BHRC (16 December2019- 06 January 2020)

 INTRODUCTION

Human Rights are those rights that belongs to every individual –man or women, boy or a
girl, infant or elder, rich or poor, master or servant-simply because he or she is a human
being. Human Rights may be defined as “the right and freedoms that every person on earth is
entitled to enjoy like right to social security, right to equality, right to life, right to liberty and
security of persons etc. without distinction on basis of race, sex, caste, creed, religion, colour,
language, work, political or other opinion, national or social origin, property, birth or status.
Human rights have been defined as basic moral guarantees that people in all countries and
cultures allegedly have simply because they are people. Calling these guarantees “rights”
suggests that they attach to particular individuals who can invoke them and that they are of
high priority and that compliance with them is mandatory rather than discretionary. Human
rights are frequently held to be universal in the sense that all people have and should enjoy
them and to be independent in the sense that they exist and are available as standards of
justification and criticism whether or not they are recognized and implemented by the legal
system or officials of a country.

The moral doctrine of human rights aims at identifying the fundamental prerequisites for each
human being leading a minimally good life. Human rights aim to identify both the necessary
negative and positive prerequisites for leading a minimally good life, such as rights against
torture and rights to health care. Human Rights are universal and inalienable meaning that
one can’t lose them until one ceases to be a human being. These are the rights of human
beings which can’t be denied as these are the birthright of every individual of the human race.
No one has to earn or deserve them. They embody the basic standards without which people
can’t realize their inherent human dignity. Human Rights are indivisible as one can’t be
denied of his rights because someone decides that it is less important or non-essential. Human
Rights are interdependent as all human rights are a part of complementary framework.

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 who they are or where they live—simply because they
are alive. Yet many people, when asked to name their rights, will list only freedom of speech
and belief and perhaps one or two others. There is no question these are important rights, but
the full scope of human rights is very broad. They mean choice and opportunity. They mean
the freedom to obtain a job, adopt a career, select a partner of one’s choice and raise children.
They include the right to travel widely and the right to work gainfully without harassment,
abuse and threat of arbitrary dismissal. They even embrace the right to leisure. What human
rights do primarily aim to identify is the basis for determining the shape, content, and scope
of fundamental, public moral norms. Human rights aim to secure for individuals the
necessary conditions for leading a minimally good life. Public authorities, both national and
international, are identified as typically best placed to secure these conditions and so the
doctrine of human rights has become, for many, a first port of moral call for determining the
basic moral guarantees all of us have a right to expect, both of one another but also,
primarily, of those national and international institutions capable of directly affecting our
most important interests. The doctrine of human rights aspires to provide the contemporary,
allegedly post-ideological, geo-political order with a common framework for determining the
basic economic, political, and social conditions required for all individuals to lead a
minimally good life. While the practical efficacy of promoting and protecting human rights is
significantly aided by individual nation-state’s legally recognising the doctrine, the ultimate
validity of human rights is characteristically thought of as not conditional upon such
recognition. Thus, the doctrine of human rights is ideally placed to provide individuals with a
powerful means for morally auditing the legitimacy of those contemporary national and
international forms of political and economic authority which confront them and which claim
jurisdiction over them.
 NATIONAL HUMAN RIGHTS COMMISSION

The Indian government through the protection of the Human Rights Protection Acts, 1993
established a new National Human Rights institution called “THE NATIONAL HUMAN
RIGHTS COMMISSION” In October 1993. The National Human Rights Commission
(NHRC) of India is an autonomous public body constituted on 12 October 1993 under the
Protection of Human Rights Ordinance of 28 September 1993.It was given a statutory basis
by the Protection of Human Rights Act, 1993 (TPHRA). The NHRC is the national human
rights institution, responsible 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". According to section 2(1)(d),
Human Rights mean the Right relating to Life, Liberty, Equality and Dignity of individual..
The act says that the commission can utilize the services of any officer or investigating
agency of the central or state government. It has a skeleton machinery of its own for
investigation. The state government shall have to establish state human rights commission.
According to Section 12, the functions of National Human Rights Commission are “to
enquire either suo moto or on a petition into human rights violation, intervene in court
proceedings, visit jails or other places of custody, review human rights safeguards and make
recommendations, review factors, including terrorist, inhibiting the enjoyment of human
rights, study international instruments on human rights, undertake and promote research,
spread human right literacy and awareness of safeguards among the masses, encourage NGOs
and institutions working in the field of human rights and perform any other functions that
human rights commission may deem necessary for promotion of human rights.” The
commission would strictly observe the principles of autonomy and transparency. Its reports
and human rights newsletters seek to fulfil both by reporting the activities of human rights
commission.

The National Human Rights Commission has so far given priority to civil liberties-custodian
deaths, State violence against civilians, torture and other cruel, inhumane or degrading
treatment, custodian rape, disappearance from custody, atrocities against vulnerable sections
of the society such as women children and disabled (including dowry deaths, bonded and
child labour) and promotion of human rights education and training, the issue of prison
reforms and under trials. Non-government organization of international human rights like
‘Amnesty International’ and its American counterpart, ‘Asia watch’ initially confined their
focus to the human rights situation in India to Punjab and Jammu and Kashmir during
operations by the Police. There is ‘Peoples Union for Civil Liberties’ used to interact with the
National Human Rights Commission. There are a number of non government organisations
of human rights either organised or supported by different political parties in India.

The NHRC consists of:

 A Chairperson,who has been a Chief Justice of India or a Judge of the Supreme Court
 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
 Three Members, out of which at least one shall be a woman to be appointed from
amongst persons having knowledge of, or practical experience in, matters relating to
human rights
 In addition, the Chairpersons of National Commissions (Scheduled Castes, Scheduled
Tribes, Women , Minorities, Backward Classes, Protection of Child Rights) and Chief
Commissioner for Persons with Disabilities serve as ex officio members.

The sitting Judge of the Supreme Court or sitting Chief Justice of any High Court can be
appointed only after the consultation with the Chief Justice of Supreme Court.

POWERS
 As vested in a Civil Court trying suit under Civil Procedure Code, 1908.
 To regulate its own procedure for disposal of complaints
 To utilise the services of any officer or investigation agency of the Central/State
Government -with concurrence - for conducting any investigation pertaining to any
inquiry.
 Make recommendations to the concerned Government authority suggesting action to
be taken against guilty public servant
 Recommend payment of relief/compensation to the victims
 Approach the Supreme Court or High Courts for appropriate directions/orders/writs.
  Communicate the inquiry report - petitioner/victim/representative - Government
authority for comments/ action taken/proposed.

FUNCTIONS
 Inquiry - on petition or suo moto - against complaint of violation of human
rights/abetment of violation/ negligence in prevention of violation - by a public
servant.
 Intervention - any proceeding before a court with its approval - involving allegation of
violation of human rights.
 Visit - any jail/other institution - persons detained/lodged for treatment/reformation –
study living conditions of inmates - make recommendations.
 Review - safeguards under the Constitution/any law - for protection of human rights -
recommend measures.
 Study treaties/international instruments on human rights - make recommendations for
effective implementation.
 Undertake and promote research in the field of human rights.
 Spread human rights literacy - promote awareness of safeguards available for
protection - publications, media, seminars, and other means.
 Encourage efforts of non-governmental organisations/institutions working in the field
of human rights.
 Other functions considered necessary for promotion of human rights.
 Responsibility of Government authority.
 The Central Government/State Government/Authority has to indicate its comments
including action taken on the report/recommendations of the Commission within a
period of one month in respect of complaints against public servants other than
members of the armed forces.
 In respect of complaints against members of the armed forces, the Central
Government has to indicate action taken on the recommendations within three months
to the Commission.
 Issue of the one-year limitation period.
 Purpose - not to have another judicial body - an institution which will give sharper
focus on the allegation of violation of human rights and provide quicker redressal -
other redressal mechanism District Courts to the Supreme Court - always available to
the people - Commission's role not to replace these mechanisms.
 BIHAR HUMAN RIGHTS COMMISSION

The Protection of Human Rights Act 1993, an Act of the Parliament, provides for
establishment of the National Human Rights Commission at the national level and State
Human Rights Commissions at the state level.
In the State of Bihar, the State Human Rights Commission was established on 3rd-Jan-2000
vide Notification No. 207. However, the Commission was formally constituted vide
notification no. 6896 on 25.6.2008 when Shri Justice S.N. Jha, a former Chief Justice of the
Jammu & Kashmir and Rajasthan High Courts was appointed as Chairperson and Shri Justice
Rajendra Prasad, a former Judge of the Patna High Court and Shri R.R. Prasad, a former
Director General of Police, Bihar were appointed as members. After the sudden demise of
Shri R. R. Prasad, Shri Neelmani, former Director General of Police, Bihar was appointed as
member, BHRC on 1st December, 2011.

FUNCTIONS OF BIHAR HUMAN RIGHTS COMMISSION :

The Commission may:

 Enquire on its own initiative or on a petition presented to it by a victim or any other
person
 on his/her behalf into complaint of
o violation of human rights or abetment or
o negligence in the prevention of such violations by a public servant
 Intervene in any proceeding involving any allegation or violation of human right
pending before a court to the approval of that court
 Visit any jail or any other institution under the control of the State Government where
persons are detained or lodged for purposes of treatment, reformation or protection,
for the study of living conditions of the inmates
 Review the safeguards provided by or under the constitution or any other law for the
time being in force for the protection of human rights
 Review the factors that inhibit the enjoyment of human rights
 Undertake and promote research in the filed of human right
  Spread human right literacy and promote awareness of the safeguards available for
protection of these rights through publications, medical seminars and other available
means
 Encourage the efforts of Non-Government Organizations (NGOs) and extension work
in the field of human rights
 Perform such other functions as it may consider necessary for the promotion of
human rights.

POWERS OF THE COMMISSSION

While enquiring into the complaint, the Commission is vested with all the powers of a civil
court in the matter of trial of a suit under the Code of Civil Procedure 1908. In particular, it
has power to -
 summon and enforce the attendance of witnesses and examine them on oath;
 order discovery and production of any document;
 receive evidence on affidavits;
 demand any public record from any court or office; and
 issue Commission for examination of witnesses or documents.
 INTRODUCTION: SLUM
.
A slum is a highly populated urban residential area consisting mostly of closely packed,
decrepit housing units in a situation of deteriorated or incomplete infrastructure, inhabited
primarily by impoverished persons.It is a part of the city where the housing quality is bad and
living conditions are poor. While slums differ in size and other characteristics, most lack
reliable sanitation services, supply of clean water, reliable electricity, law enforcement and
other basic services. Slum residences vary from shanty houses to professionally built
dwellings which, because of poor-quality construction or provision of basic maintenance,
have deteriorated..
UN-Habitat defines a slum household in operational terms, as lacking one or more of the
following indicators: a durable housing structure; access to clean water; access to improved
sanitation; sufficient living space; and secure tenure. According to UN-Habitat, around 33%
of the urban population in the developing world in 2012, or about 863 million people, lived in
slums.