ONLINE CERTIFICATE COURSE ON HUMAN RIGHTS

ASSIGNMENT

NAME: PRIYANK RAO

COLLEGE: UNIVERSITY SCHOOL OF LAW AND LEGAL STUDIES, GGSIPU

EMAIL ID: PRIYANKRAOAPS@GMAIL.COM

CONTACT NO.: 7011516621

Q UESTIONS
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 ANSWER WITHIN 750-800
WORDS

1. Do you agree that the concept of human rights is unsuccessful given

the constant rise in cases of violation of rights? Support your
argument in light of the George Floyd case. Do you think the state’s
responsibility in situations as such (which do not exhibit any sign of
reduction when it comes to number of cases and frequency of
occurrence) should be more than what it is in other cases of
violation?

Ans 1. Human rights are the basic fundamental rights every human
being possess by the virtue of being born as a human. It is the
statutory duty of the court of justice to protect the human right of a
person in any given state that provides for it protection in case of
violation. The very premise that human rights are unsuccessful
because of constant rise in violation of the same is completely flawed
as it does not show an accurate picture of the state of human rights.
The foremost criteria to describe the state of human right shall be
effective remedy for the alleged violation. The state of human right in
a state can only be categorized as successful or unsuccessful by the
effectiveness of the redresell mechanism the state provides, if there
exist an effective remedy for the said violation then human rights are
a success for that state, violations are very volatile in nature and
would vary for every state because of the inherent difference in the
culture, history and other social economical factors, violations are
independent of the redressal mechanism, to support my argument an
appropriate example would be to compare two countries with to an
extent same no of human right violation but an effective and
ineffective redressal mechanism, obviously the country with an
effective redressal mechanism has an better state of human rights
with better growth opportunity in the said area, furthermore in my
opinion the george floyd case in not the best case to quantify the
success or failure of human right, the alleged third degree murder
case is a case of police brutality having colors of racism, that
eventually led to the protest and the BLACK LIVES MATTER
movement, further proving the point that it was not a per se attack
on human rights but more of an racism issue that America is facing
for a relatively long time.

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 I do believe that the state responsibility increase multi-fold when
there is a constant violation of a particular type of crime in
comparison with other crimes although at the same time other types
shall be given equal importance but the way in which the court of
justice must deal with this two group of crime shall change
substantially. For the alleged violation that is increasing in both cases
and frequency the court and the state shall make efforts towards
deterrence rather than focusing on retributive or other forms of
punishment the primary focus should shift towards deterrence. To
summarize my arguments a rise in violation of human right does not
potray an true picture of success or failure of human rights in a state
further to protect human rights there shall be an customized
redressal mechanism for each state suiting the needs of there state
and lastly deterrence form of punishment is the only solution for the
same.

2. Suggest some changes that shall be required in the present human

rights mechanism in India to make it more efficient and effective. Do
you think that NHRC is toothless tiger? If yes, do you think that the
changes that you suggest in the implementation and protection
mechanism would improve the state of affairs?

Ans 2. The present human right mechanism in India is an hollow

toothless tiger, the National human right commission established in
year 1993 was a cumulative result of external conflict and internal
aggression, the rise in disruptive activities in Punjab and jammu and
kashmir the very basic human rights in india were being violated in
the name of national security, there were many hope connected with
NHRC although it failed in nearly all aspects. When the structural
integrity of an object is compromised one tends to find the weakest
part of the structure that leads the failure of entire system,
consequently every change that needs to be implemented for
effectiveness of national human right in India can be directly
attributed towards the present failure.
To bring an hollow toothless tiger back to its glory one must
restructure the entire design i.e to give the toothless tiger tooth.
The primary defect in today's NHRC is lack of enforcement capability,
the lack of authority on face of it results in unfortunate consequences.
The recommendation only power of NHRC shall be changed to
authority power every recommandation by NHRC shall be treated

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 utmost priority and be implemented in its fullest sense the present
day human rights suffer from partial compliance and delayed
compliance making severe compromises on effectiveness

The second setback to NHRC is the limitation period, that shall be

revised according to the violation and not a universal fixed period of
one year.

The last and the most important recommendation arises from

practical difficulty in functioning of NHRC, these problem are as
follows the non availability of funds and disproportionate number of
complaints, every problems seems to have a simple solution on face
of it though the practical difficulty that arises in order to implement
the solution can not be codified in a simple manner. Though a simple
answer is allocation of more fund by the government that would
ultimately solve the issue of disproportionate number of complaints,
its a price that the government must be willing to pay in order to give
the toothless tiger its rightful set of teeth.

3. Could cyber-crime be said to be a threat to human rights? Which

rights of an individual do you think are at stake in such cases? Also,
what would be the nature of the state responsibility given that the
perpetrators of such crimes are individuals?

Ans 3. The exponential rise in connectivity sector, especially in the

recent few years has led to an unfathomable increase in number of
cyber crimes happening all over the world. With the advent of jio in
the market the the class of people that was previously unaffected by
such crimes has now become an hotspot for such crimes, Cyber crime
as we see it today is a threat to the human rights but the inclination
should be more towards the future, the lack of effective mechanism
to deal with cyber crime coupled with continuous rise in cyber crime
would surely create a future of chaos in the sphere of human rights.
The primary attack by cyber crimes is on the Right of freedom of
expression and speech and right to privacy and the free flow of
information.
In my opinion right to privacy is the most affected human right in
today’s scenario. Right to privacy is practically negligible and the
future prospect seems very thin. Ultimately it is not the parliament

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 but the judiciary and executive that would play a vital role in
protection of human rights.
The state responsibility in the sphere of human rights would form an
vital mechanism in protection of human rights against cyber crime
violation. Oppenheim divides the state responsibility into two parts
direct and indirect, the same application shall apply to human rights
violation by cyber crime.
however the practical difficulty that exist in the realm of cyber space
a no harm policy can never be implemented in my opinion, a complex
solution to this would be to follow due diligence, each state
implementing universal standard formula of human rights breach in
cyber world. The concept of state responsibility in human rights
violation in cyber world is still in early stage and would require
practical experience to overcome the issues along with international
rules in place.

4. The origin of fundamental rights and human rights could be traced to

a common goal of ensuring a dignified life to every individual. Do you
think (in the current state of affairs in India) this goal has been
achieved? Why/why not? Support your answer with examples.

Ans 4: human rights are moral principles or norms that describe

certain standards of human behaviour and are regularly protected as
natural and legal rights in municipal and international laws.
fundamental rights are those which are essential for intellectual,
moral and spiritual development of citizens of india. fundamental
rights apply universally to all citizens, irrespective of race,birthplace,
religion, caste or gender.
there are six fundamental rights recognised by the indian
constitution ;
1. right to equality (article 14-18)
2. right to freedom (article 19-22)
3. right against exploitation (article23-24)
4. right to freedom of religion (article 25-28)
5. cultural and educational rights (article 29-30)
6. right to constitutional remedies (article 32-35)
examples of in the current state of affairs in india the goal of
fundamental and human right achieved;
1 . fewer children are now employed in hazardous
environments, but their employment in non-hazardous jobs,

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 prevalently as domestic helps, violates the spirit of the
constitution in the eyes of many critics and human rights
advocate.
2. the year 1990-1991 was declared as the “year of social
justice” in the memory of B.R.Ambedker. the government
provides free textbooks to students belonging to schedule
castes and tribes pursuing medicine and engineering courses.
during 2002-2003, a sum of Rs.4.77 crore was released for this
purpose. in order to protect sc and st from dscrimination , the
government enacted the (prevention of atrocities)act,1989,
prescribing severe punishments for such actions.
3.the minimum wages act of 1948 empowers government to fix
minimum wages for people working across the economic
spectrum. the consumer protection act of 1986 provides for the
better protection of consumers. the equal remuneration act of
1976 provides for equal pay for equal work for both men and
women.
4. the sampoorna grameen rozgar yojana (universal rural
employment program) was launched in 2001to attain the
objective of providing gainful employment for the rural poor.
the program was implemented through the panchayat raj
institutions.

5. Cultural relativism is often used by states to justify practices that

violate the human rights of women and children. Critically analyse
this statement in the light of the practice of Female Genital
Mutilation.

Ans 5. Female genital mutilation is not only an inhuman practice but also
violative of certain fundamental and legal rights of women.yet it is another
dignity lowering activity that grabs women in its clutches.
female circumcision, or genital cutting, includes all strategies that include
fractional or absolute evacuation of the outer female genital for non clinical
reasons which is done to young girls and even at times to baby girls as well.
female genital mutilation violates constitutionl rights and promotes gender
inequality. courts interpret laws and apply IPC and POCSO act to deal with
it. supreme court of india taking up several cases of female genital
mutilation focused on main points.

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1.FGM is violative of artile 21 of indian constitution which is a fundamental
right to life and personal liberty enshrined in the constitution of India. it
also involves the violation of right to privacy.
2. the bodily “integrity”of a girl child is lost due to this practice.
3. FGM abuses article 15 of indian constitution which is also a fundamental
right which prohibits discrimination based on caste, sex, religion or place of
birth.
4. the bench pronounced that it is a crime punishable under
POCSO act.
5. violation of women and child rights in certain cases of
“khatna” or as we know as FGM is depicted by supeme court
6. touching of female genitals except for medical purpose is a
perpetuating a crime which could be thus punished by IPC .

6. Do you think that a lack of universal model of human rights is the

reason for an absence of an international human rights mechanism?
Do you think there is a disparity among the regional human rights
mechanisms? Which regional system do you think is the most
successful when it comes to human rights protection? Support your
answer with examples.

Ans 6. International human rights law lays down the obligations of

government to act in certain ways or to refrain from certain acts, in order
to promote and protect human rights and fundamental freedom of
individuals or groups.
one of the great achievements of the united nations is the creation of a
comprehensive body of human rights law a universal and internationally
protected code to which
all can subscribe and all people aspire . the united nations has defined a
broad range of internationally accepted rights ,including civil,
cultural,economic, political and social rights.
the universal declaration of human rights was adopted without a
dissenting vote, but with 8 states abstaining. many commentators contend
that the declaration is the confrontation and compromise between different
cultural, moral, and political traditions and does not mainly reflect
westeern values.
the declaration suffers from a sort of birth defects, having been formulated
and accepted by only 56 states.
regional human rights; there are many regional agreements
and organizations promoting and governing human rights.

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 1. asia; the african commission on human and peoples
rights(ACHPPR) . the commission has 3 broad areas of
responsibility. promoting human and people rights,
protecting human and peoples right, interpreting the
african charter on human and peoples right.
2. americas; the organization of american states (OAS) is an
international organisation, headquartered in washington
D.C united state. it states priorities now include the
following; strengthening democracy
working for peace
protecting human right
combating corruption
the right of indigenous peoples
promoting substantial development.

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