Roll No.

R450217041
SAP ID- 500060945

UNIVERSITY OF PETROLEUM AND ENERGY STUDIES

End Semester Examination, July 2020
Open Book – Through Blackboard Learning Management System

Course: Human Rights (CLCC3023)Semester: VI

Programme: BALLB Energy Laws B1 & B2

Time: 03 hrs. Max. Marks: 100

Instructions:
As this examination is in open-book format, the students are expected to demonstrate a very high degree of
Academic Integrity and not copy contents from resources referred. Instructors would look for
understanding of the concept by the students and any similarity found from resources online/ offline shall
be penalized in terms of deduction of marks and even cancellation of paper in requisite cases. The online
examination committee of the School would also look for similarity of two answer scripts and if answer
scripts of two or more students are found similar, both the answer scripts shall be treated as copied and
lead to cancellation of the paper. In view of the aforesaid points, the students are warned that they should desist
from using any unfair means.

All Questions are Compulsory

Answer each question in not more than 500 words

S. No. Marks CO
1 Mr. X, the son of the President of country Lonia came to know about the revolution
against the President in Lonia. He left his country with his family and applied for the
grant of asylum in a neighboring country. The country of origin confirmed the
revolution.
(a) Define the term “Refugee”.Determine whether Mr. X satisfies the ground/s for
10
the grant of refugee status according to the Convention relating to the Status of CO 3
Refugees.
10

(b) Discuss India’s approach towards refugees in the absence of a specific

legislation.
Ans. (a) The 1951 Refugee Convention is a key authoritative archive and
characterizes a refugee as: " attributable to very much established dread of
being oppressed for reasons of race, religion, nationality, enrollment of a
specific social gathering or political sentiment, is outside the nation of his
nationality and can't or, inferable from such dread, is reluctant to benefit
himself of the security of that nation; or who, not having a nationality and
 being outside the nation of his previous routine habitation because of such
occasions, can't or, inferable from such dread, is reluctant to come back to it.

Here Mr. X satisfies the grounds for grant of refugee status according to
convention of 1951. Mr. X had a confirmation of revolution against his father
and his family as per security reasons he and his family left the country. So in
fear of being a part this revolution against his family, his reason is valid to be
as a refugee.

(b) Cases : NHRC V/S STATE OF ARUNANCHAL PRADESH

Kopati hydel power project was going on and in A,P. A.p bordered by Assam
and Nagaland from south. Bhutan in west, China in east and Myanmar in
north. This project took lot of people of chakma tribe from Bangladesh( pak
then) and the people of chakma tribe comes in state of assam and Tripura.
Gov. Of state of assam started expressing that there are a lot of refugees in
our state and we are not able to take care of all of them. As as it is not
signatory of any refuges convention or ratified it. But it has certain
international obligations UDHR, ICCPR due to which state of assam gave
shelter to approx 4000 chamkas to A.P. Indian gov gave 4200 rs per family of
chakmas tribe gradually their population began to increase from 4012 to
65000. People of A.P started noticing that their own population was
discriminating and population of chakmas was rising. Which leads to
detoriating relations b/w the people of A.P amnd chakma tribe. People of A.
P started complaining to gov that there increase in population is hacking on
our jobs and means of emplyomenty and sources and every espect of our own
tribal life
Nhrc decided to approach sc . sc observed that we have artcle 14 and 21 in
constitution so no citizen can threaten chakmas but courts has to balance this
out so court came up with certain guidelines for chamas , that you can protect
your unique ethnic identity of tribes of A.P but can’t take law in your hands
and most of them evicted
2 The objective of the National Commission for Women is to represent the rights of
women in India and to provide a voice for their issues and concerns. Critically
20 CO 2
examine the Indian Constitutional provisions and legislations relating to various
rights of women with the help of judicial trends.
Ans. India’s role in relation to these covenants:
ICCPR finds its direct reflection in part 3 of Indian constitution ( article 23-forced
labour), article 14 of ICCPR -> article 13 of Indian constitution.

1. Right to privacy: first case was kharak singh v/s state of u.p

2. Education(article 10): same conditions of carrier and vocational guidance as

that of man.

3. Article 11(employement): same eligibility criteria for employment as that of

women. Eg: sovereign , retirement, oldage,wages, some benfit schemes, safe
working condition.
 Case: air india v/s nargesh mirza

4. Article 12 (healthcare): state parties should takae care that there is no such
discrimination in the dispension of healthcare services includiiing realted to
family planning. Eg roght to abortion, right to bear a child

5. Article 13( eco and socio right): no discrimination , socio and eco life

1. Food shelter
2. Right to bank loan and mortgages
3. Participate in recreation activities

6. Article 14( women in rural areas) : reserved seats for women in panchayat,
counselling family planning, nutrition, vocational training.

7. Article 15( equality before law):

Equally like man before law
Same punishment and same treatment on all level

 Laxmi Vs Union Of India In 2006, Laxmi, an acid attack victim, filed a

petition seeking measures to regulate the sale of acid and provide adequate
compensation to the victim. Taking cognizance of the number of cases
relating to acid attacks against women on the rise, the Supreme Court
imposed stringent regulations on the sale of acid in 2013. The ruling banned
over the counter sale of acid. Dealers can sell the acid only if the buyer
provides a valid identity proof and states the need for the purchase. It is
mandatory for the dealer to submit the details of the sale within three days to
the police. It also made it illegal to sell acid to a person below 18 years.

3 Examine critically the role of Supreme Court in development of Human Rights

20 CO 2
jurisprudence.
Ans. The goal of the human rights Jurisprudence is to acculturate state organizations and
to make state responsible to the utilization of intensity just for open great. In 1610
Coke, C.J. for Bonham's situation held that the aggregate finish of the constitution of
government is the advancement of a decent personal satisfaction and it is the job of
the legal executive to guarantee this end .

Human rights request acknowledgment and regard for the inalienable poise to
guarantee that everybody is ensured against mishandles which subvert their nobility.
The establishment of present day human rights is the Universal Declaration of
Human Rights (UDHR). The 30 articles of the Declaration were embraced in 1948
by the United Nations General Assembly, and after some time these have been
coordinated into national laws and universal settlements.
 Human rights are the rights an individual has basically in light of the fact that the
person is an individual. Kant said that people have a characteristic worth missing in
lifeless things.

Anyway the adequacy of the systems set up today has been addressed in the light of
outright human rights infringement and negligence for fundamental human poise in
almost all nations in at least one structures.

It is sacred order of legal executive to ensure human privileges of the residents.

Preeminent Court and High Courts are engaged to make a move to authorize these
rights. Apparatus for review is given under Articles 32 and 226 of the constitution.
An oppressed individual can legitimately move toward the Supreme Court or High
Court of the concerned state for the assurance of his/her central rights, review of
complaints and delight in principal rights. In such cases Court are engaged to give
fitting request, bearings and writs in the idea of Habeas Corpus, Mandamus,
Prohibition, Quo-Warranto and Certiorari .

Preeminent Court in Maneka Gandhi v. Association of India deciphered the

privilege to life and to extend its extension and concluded un-listed right, for
example, "option to live with human poise". Incomparable Court propounded the
hypothesis of "spread" to make the presence of the central right significant and
dynamic. From that point, by and large court, for example, People's Union for Civil
Liberties and another v. Province of Maharashtra and others, Francis Coralie
Mullin v. The Administrator, Union Territory of Delhi held that privilege to life
incorporates option to live with human poise. Along these lines, through the legal
understandings different rights have been perceived however they are not explicitly
given in Part III of the Constitution .

Various rights:
1. Right to privacy
2. Right to travel abroad
3. Right to speedy trials
4. Right to free legal aid
5. Right of prisoners to be treated with humanity
6. Right not to be impriosoned in abiloity to fulfil a contractual obligation
7. Right to compensation
8. Right to information
4 Part IV of the Constitution Of India depicts various economic, social and cultural
rights and the same reflects in the Covenant on Economic, Social and Cultural 20 CO 1
Rights. Comment.
Ans. Part IV of constitution
ICESCR: 31 ARTCILES

Article 1: right to self determination

 Public emergency in state, that has potential to hamper to regulating

functions, country cant derogate its certain basic rights.
 Right to adequate food
 Right to adequate clothing
  Proper standard of living

DPSP: FUNDAMENTAL IN GOVERNANCE OF COUNTRY

India took baby steps to implement members when india accuired the eco rights

ICESCR:all states don’t have to mandate all rights at one government

 No derogable / non derogable rights in ICESCR
 Under icescr, you cant derogate from rights during public emergency
 Member should have higher moral character
 Member should have recognised competenance in field of HR
 Legal experience is also given
 All members serves in their personal capacity
 Comprises of 16-18members

Article 29(1): new appointment takes place?

 By auction by secret ballot
 All state prepares lists (personal and nominate not more than 2 persons
which would stand for election by secret ballot)

Article 41: right to education

Article 43(A): labour rights
Article 39: right to health and adequate standard of living

Main procedure: (implementation)

1. Reporting procedure
2. Interstate communication system
3. Conciliation procedure
4. Individual communication system

5 Indian Constitution bears the impact of the Universal Declaration of Human Rights.
20 CO 3
Elucidate.
Ans. The Universal Declaration of Human Rights (UDHR) is a memorable report that was
embraced by the United Nations General Assembly at its third meeting on 10
December 1948 as Resolution 217 at the Palais de Chaillot in Paris, France. Of the
then 58 individuals from the United Nations, 48 casted a ballot in favor, none
against, eight declined, and two didn't cast a ballot.

The Declaration comprises of 30 articles confirming a person's privileges which, in

spite of the fact that not lawfully official in themselves, have been expounded in
resulting global bargains, monetary exchanges, provincial human rights instruments,
national constitutions, and different laws. The Declaration was the initial phase
during the time spent planning the International Bill of Human Rights, which was
finished in 1966, and came into power in 1976, after an adequate number of nations
had confirmed them.

a) Equality Before Law -

The Human Right to Equality implies no person is higher or lower according to Law.
In this manner, there ought to be no segregation on the ground of the religion, race or
standing. Regardless of whether One has a place with a minority, he ought to be dealt
with similarly with all others.

Univeral Declaration of Human Rights: Article 7 of the Universal Declaration of

Human Rights-All are equivalent under the steady gaze of the law and are qualified
with no segregation for equivalent insurance of the law.

The Constitution of India: Article 14 of the Indian Constitution - The State will not
deny to any individual uniformity under the steady gaze of the law or the equivalent
assurance of the laws inside the region of India.

b) Equal Protection of Law with no segregation -

Univeral Declaration of Human Rights: Article 7(2) of the Universal Declaration

of Human Rights - All are qualified for equivalent insurance against any separation
infringing upon this Declaration and against any actuation to such segregation.

The Constitution of India: Article 15 of the Constitution - Prohibition of

segregation on grounds of religion, race, rank, sex or spot of birth

c) Right to Participate in the administration of his Country

Univeral Declaration of Human Rights: According to Article 21 of the Universal

Declaration of Human Rights. Everyone has the privilege to participate in the
administration of his nation, legitimately or through uninhibitedly picked delegates.

The Constitution of India: According to Article 16(1) of the Indian Constitution,

there will be equity of chance for all residents in issues identifying with business or
arrangement to any office under the State.

d) Right to opportunity of assessment and articulation

Univeral Declaration of Human Rights: According to Article 19 of the Universal

Declaration of Human Rights, everybody has the privilege to opportunity of
assessment and articulation; this privilege incorporates opportunity to hold
conclusions without obstruction and to look for, get and give data and thoughts
through any media and paying little heed to boondocks.

The Constitution of India: According to Article 19(1) (an) of the Indian

Constitution, all residents will reserve the privilege to the right to speak freely of
discourse and articulation.

e) Right to opportunity of quiet get together and Association

Univeral Declaration of Human Rights: According to Article 20(1) of the

Universal Declaration of Human Rights, everybody has the option to opportunity of
quiet get together and affiliation.

The Constitution of India: According to Article 19(1)(b) of the Indian Constitution,

all residents will reserve the option to amass quietly and without arms.
f) Right to work and free decision of business

Univeral Declaration of Human Rights: According to Article 23 of the Universal

Declaration of Human Rights, Everyone has the option to work, to free decision of
business, to simply and good states of work and to assurance against joblessness. (2)
Everyone, with no segregation, has the option to rise to pay for equivalent work. (3)
Everyone who works has the privilege to simply and good compensation
guaranteeing for himself and his family a presence deserving of human respect, and
enhanced, if essential, by different methods for social assurance. (4) Everyone has
the option to shape and to join worker's guilds for the insurance of his inclinations.

The Constitution of India: According to Article 19(1)(c) of the Indian Constitution,

all residents will reserve the privilege to shape affiliations or associations or co-
usable social orders.

I, …………harish kumar…………………………………., understand that submitting

work that isn’t my own may result in failure in this paper and I may also be subject to
Disciplinary Proceedings as per the Academic Integrity policy of the University.