Human Rights - The Concept and Its Evolution

CHAPTER II
HUMAN RIGHTS – THE CONCEPT AND ITS

EVOLUTION
2.1 Overview
In this chapter an attempt has been made to provide the
concept and its evaluation of human rights.
2.2 Historical Background of Human Rights

There are certain rights of the individual which are
inherent in his personality. Such rights are called as natural rights.
Man is moral and rational being and his very status entitles him to
the enjoyment of certain rights, which are called as human rights. The
rights are derived from the inherent dignity of the human person and
they should be available to man everywhere and at all times. These
rights are the necessary condition for the development of human
personality and without them man would really not be a man. The
ideal of human rights and fundamental freedom is universally
accepted and the problem never received so much attention as today.1
The first documentary use of the phrase “Human Rights” had been in
the charter of the United Nations which was adopted at San Francisco
on 25th June 1945. But the concept of human rights is not new as this
refers to the minimal rights which every individual must have against
the State or other public authorities. From times immemorial, the
rights of man derived from religion, human experience, observations
and reflections have been inspiring people against the oppressive rules
and tyranny.
Human rights have been evolved from various periods
through the ancient Greek political system and Roman laws in
1 M.Srivastava Joshi, International Politics and Relations, Goel Publishing House,

Meerat, 1987, p.252.
23
Europe, the jurisprudence of Lao- Tze and the Confucian system in
China, Babylonian laws and Assyrian laws in the Middle East and the
Dharma of the Vedic Period as well as the ‘Panchayat System’ in India.
The signing of Magna Carta in England by King John in 1215, the
American Declaration of Independence (1776) and the subsequent Bill
of Rights in the Constitution, the French Revolution (1789) and the
Bolshevik Revolution in Russia (1917) could be cited as important
landmarks in the development of the human rights.
However, these declarations lacked totality of the concept,
as they were the product of their own time and circumstances and
were narrow in their scope and application. For example, in the Greek
political system, the rights existed only for ‘citizens’ and not for the
majority of people, who were referred to as ‘aliens’ or ‘slaves’.
In ancient Indian society, despite, proclamation of rules
according to ‘Dharma’, the lower castes were not treated equally and
untouchability was practiced against a very large Section of
population, who were called ‘Sudras’ or out- castes. This situation has
continued in India even during the Medieval and Modern times. The
close examination of above historical facts bear testimony to the belief
that man’s struggle for rights was in rudimentary form in ancient
times, in formative stage in middle ages.2 The British Magna Carta
gave concessions mainly to feudal lords and not common man; the
American Bill of Rights protected only the ‘Whites’ – the Anglo-Saxons
and Protestants. The slavery continued in America and the ‘Blacks’ of
African origin were denied these rights. They were called ‘Negroes’ and
not man.
It was in 1864 that slavery was legally abolished in
America after a bitter civil war. Similarly, the liberty, equality and
fraternity in French declaration proved empty slogans for poor
2B.P.
Singh Sehagal, Human Rights in India: Problems and Prospectus, Deep and
Deep Publishing, New Delhi, 1995, p.65.
24
peasants and factory workers. In Soviet Russia, the emphasis was in
economic and social rights, but the people were denied major political
rights, freedom of speech and expression and other civil rights. Only
the members of Communist Party enjoyed important political rights
and only Communist Party was allowed to contest in elections. When
the wave of democracy was flowing high in the western countries in
early twentieth century and more and more rights have been provided
to the citizens by their Governments, but the same Governments
denied rights of people in their colonies and they were treated as sub-
humans.
2.3 Theories of Human Rights

The study of human rights occupies a very important
place in the discussion of politics and political theory. The most
outstanding theories of human rights are the Theory of Natural
Rights, the Legal Theory of Rights, the Social Welfare Theory of Rights,
the Idealist Theory of Rights and the Historical Theory of Rights.
2.3.1 Theory of Natural Rights

The authors of Social Contract Theory like Hobbes, Locke
and Rousseau advocated the theory of natural rights.3 They pointed
out that man had natural rights even before society and State were
born. According to Locke, nature has made all men free and rational,
and has given him rights like right to life and liberty. The theory was
in the 17th and 18th centuries; its basis was essentially non- juristic.
The 17th and 18th centuries which saw the emergence of the natural
rights doctrine was the ‘Age of Reason’ the ‘Age of Genius’ and science,
which asserted the importance of man being the center of all things-
3Adi.H.Doctor,
Issues in Politics, Sterling Publishing Private Limited,
New Delhi,1985, p.82.
25
biologically and physically. Rights are natural. Every human being
enjoys them and find them as indispensable for his very existence.
2.3.2 The Legal Theory of Rights

According to the legal theory of rights, the State is the
source of rights. Rights have not been gifted by nature and are not in
mans nature itself. They are created by the State whose membership
brings rights to man. So rights can be regarded as official creation as
rights emerge from the State and are maintained by the State.
Bentham, Holland and Austin are some of the supporters of this
theory.4 According to them the State makes laws and creates rights.
The individual owes every right to the State and he has no right
against the State.
2.3.3 The Social Welfare Theory of Rights

According to the social welfare theory rights are created
by the society, and are aimed at realizing social welfare. Conditions
which make the individual and the society happy are rights and these
should have procedure over customs, usages, traditions and natural
rights. This theory looks at rights solely through the angle of social
welfare. Chaffe and Dean Pound are also the supporters of social
welfare theory. According to Chafee, only those rights should be
enforced, which aim at realizing the social welfare. These conditions
which are against social welfare should not be recognized as rights.5
2.3.4 The Idealist Theory of Rights

According to the idealist the human being needs congenial
external conditions for the development of his/her own personality.
The idealist regards the State as a divine institution. According to
4R.C. Agarwall, Political Theory Principles of Political Science, S.Chand and

Company Ltd, New Delhi, 2008, p.184.
5 Ibid, p.185.
26
Hegel, “the State is a March of God on Earth”.6 Green, the idealist
thinker of England says that rights are powers necessary to the
fulfillment of man’s vocation as a moral being. It is implied that rights
arise in a society, and the rights of an individual should be in
harmony with those of others.
2.3.5 The Historical Theory of Rights

According to historical theory of rights, rights are the
results of historical evolution. In ancient times, rights were based on
customs and usages. But in the modern State, rights are recognized
and supported by law. In the course of ages, human beings in society
evolved certain usages, traditions and customs for the common good
and these unwritten forms became the basis of laws which gave rise to
the individuals in actual written form. These customs and usages
passed on from one generation to another and were ultimately
recognized as inherent claims and rights.7
2.4 Classification of Human Rights

Human rights are classified from various angles and from
various points of views as follows.
1. Classification from historical point of view
2. Classification from chronological point of view
3. Classification from philoshapical point of view
4. Classification from social science point of view
5. Classification from geographical point of view
2.4.1 Classification from Historical Point of View

In the ancient time, natural law produced an off-shoot in
the form of natural rights. In due course, natural rights were
6 Ibid.,
7 Ibid.,
27
recognized by the monarch everywhere in the world into the realm of
practical reality. Magna Carta 1215, Petition of Rights 1628, Bill of
Rights 1689, Act of Settlement 1701 and crown Proceedings Act 1947
all belonging to United Kingdom are covered up under this period.
From the early 1600, when the new world was settled by the Priterl
until a few years before the declaration of Independence, few colonists
desired to severe relations with their mother country. However the
calumniation of French and Indian war, attitude changed both the
colonies if the Britain After fighting broke out to 1775 the aroma of
independence permeated the colonial air.
2.4.2 Classification from Chronological Point of View

In this kind of classification, human rights has been
considered from the point of view of time as we know when there was
no organized society, there were no human rights at all. When the
human beings started living in the jungle, in an unrecognized manner,
they were least concerned with human rights. Rights of the individual
were at the mercy of the head of tribes. Later on, with the rise of the
political thinkers, the concept of State emerged into existence. State
and political thinkers in due course considered and acceded the
demand of public for protection of their person and property. The
rights were included in the fundamental law of the nation and finally
transformed into human rights at both national and international
level.
2.4.3 Classification from Philosophical Point of View

The basis of this classification can be found in religion,
natural law, positive law, Marxian concept (Communism), Realistic
concept, Sociological concept and lastly on unique Indian concept
towards duty orientation and no right concept.
28
2.4.4 Classification from Social Science Point of View
Classification under this head may be of two kinds:
1. Social and economic rights; and
2. Civil and political rights
There is a distinction between civil and political rights on
the one hand and the social rights on the other, that is while the civil
and political rights are the individual as against the State representing
the society, and reflect the Laissez-faire Doctrine of non-inference, the
concept of social rights is relatively a latter development founded on
the status of the individual as a members of the society and reflect the
laissez- faire doctrine of non- interference. The social rights are indeed
at a social order which is an antithesis of Laissez Faire.
2.4.5 Classification from Geographical Point of View

In this category, human rights have been considered from
geographical point of view. We may see that in Africa and America,
human rights of blacks and Negroes are protected from geographical
point of view. The protection of human rights of Scheduled Castes and
Scheduled Tribes are geographically fitted to Indian conditions as
special human rights. In other countries, looking in to the
geographical conditions, there may be other rights for which no
specific list can be prepared.
2.5 Declaration of Human Rights by the United Nations

We see at the Preamble of the Chapter that the
fundamental human rights have been reaffirmed. Also it provides for
dignity and work of human person, for equal rights of men and
women.8 We have seen the global political history as a series of
serious threats to the survival of democracy and individual freedom
8Ghanashyam Talkdar, Role of United Nations in World Politics, Anmol Publications,

New Delhi,1993, p.184.
29
emerged with the arrival of Fascism in Italy and Nazism in Germany.
These countries destroyed the human rights not only at home, but
threatened to destroy them aboard also. It resulted in a clash of arms
between the camps of anti fascist allies. In accordance with this aim,
American President, Roosevelt laid stress on ‘four freedoms of man’.
They are freedom of speech and expressions, freedom of worship,
freedom of want, freedom of fear. At the Charter of the United Nations
much importance has been given to the aspect of human rights.
The representatives gathered at the San Francisco
Conference demanded that the declaration of human rights should be
included in the United Nation Charter itself. Though a separate
declaration of human rights does not find place in the Charter, the
specific mention of the human rights has been made in the Charter at
various places. The United Nations has given due importance for the
abolition of forced labour and for this purpose a Committee on Forced
Labour was constituted by United Nation .9
The United Nations has given universal meaning and
indiscriminate application and guarantee to the rights of human
beings throughout the world. The United Nation adopted the phrase
human rights in its Charter (1945). The Charter proclaimed universal
respect for and observance of human rights and fundamental freedom
for all without distinction as to race, sex, language or religion. The
Charter made promotion of these rights as one of the basic purposes
and obligated the member States of United Nation to take joint and
separate action in co-operation with the United Nation for the
achievement of this purpose. Thus, the Charter becomes an
international law of human rights and every member country has to
abide by it to provide human rights to the people.
The Preamble of the United Nations Charter refers to the
determination of the United Nations to affirm faith in fundamental
9Ibid., p.189.
30
human rights, in the dignity and worth of human person, in the equal
rights of men and women. The San Francisco Conference was held on
April 25, 1945. In this conference many changes were made on the
text of ‘Dumbertan Oaks Conference’. The draft of the conference
served as a basis for improvement on various matters.10
At this conference it was proved that the General
Assembly has been empowered to call attention of the Security
Council about the situations which might threaten international peace
and security. At the San Francisco Conference the scope of the
General Assembly was much more widened. Article 10 of the Charter
was introduced at the San Francisco Conference. This Article gave the
power to the General Assembly to discuss “any question or any
matters within the scope of the Charter”.11 Article 14 of the Charter of
the United Nation was also introduced at the San Francisco
Conference. Expect where the Security Council is debating with a
matter the General Assembly has been given the powers for
recommending step for peaceful Adjustments of any situation which
might endanger friendly relations amongst the nations.12
The international communities have been to develop new
forms of humanitarian action and to devote additional resources to
emergency relief. This international response has undoubtedly helped
to reduce human sufferings and has substituted in some measures for
the inability or unwillingness of the States concerned to protect their
own citizens. The growth of international co-operation can also be
seen in the activities of non- State actors.13 The United Nations
Commission on Human Rights was asked to prepare a draft on the
general principles governing the human rights. After two and half
10Ghanashyam Talkdar,Role of United Nations in world politics,Anmol Publications,

New Delhi, 1993, p.189.
11Ibid., p.8.
12Ibid., p.9.
13V.T. Patill, P.R. Thrivedi, Refuges and Human Rights, Authors Press, Delhi, 2000,
p.3.
31
years of painstaking labour, the Commission on Human Rights
prepared a draft of the ‘Universal Declaration of Human Rights’ as a
common standard of achievement for all people and all nations. This
declaration was approved by the General Assembly on December 10,
1948. It is the first international definition of the rights of man. It is
there for 10th December is commemorated every year as World Human
Rights Day. The declaration of human rights contains thirty Articles
including a Preamble.
According to Preamble of Universal Declaration of Human
Rights recognition of the inherent dignity and of the equal and
inalienable rights of all members of human family is the foundation of
freedom, justice and peace in the world. Whereas disregard and
contempt for human rights have resulted in barbarous acts which
have outraged the conscience of mankind, and the advent of a world
in, which human beings shall enjoy freedom of speech and belief and
freedom from fear and want has been proclaimed as the highest
aspiration of the common people. Whereas it is essential, if man is not
to be completed to have recourse, as a last resort to rebellion against
tyranny and oppression and human rights should be protected by the
rule of law. It is essential to promote the development of friendly
relations between nations.14
Universal Declaration of Human Rights of the United
Nations declares that all human beings are born free and equal in
dignity and rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood. Every one
is entitled to all the rights and freedoms set forth in this declaration,
without distinction of any kind, such as race, colour, sex, language,
religion, political or other opinion, national or social origin, property,
birth or other status. Furthermore, no distinction shall be made on
the basis of the political, jurisdictional or international status of the
14Ibid., p.30.
32
country or territory to which belongs, whether it be independent trust,
non- self governing or under any other limitation of sovereignty. Every
one has the right to life, liberty and security of person. No one shall be
held in slavery or servitude; slavery and the slave trade shall be
prohibited in all their forms. No one shall be subjected to torture or to
cruel, inhuman or degrading treatment or punishment. Everyone has
a right to recognition as a person before the law. All are equal before
the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any
discrimination in violation of this declaration and against any
incitement to such discrimination. Everyone has the right to an
effective remedy by the competent national tribunals for acts violating
the fundamental rights granted him by the constitution or by law. No
one shall be subjected to arbitrary arrest, detention or exile. Every one
is entitled in full equality to a fair and public hearing by an
independent and impartial tribunal, in the determination of his rights
and obligations and of any criminal charge against him.15
Nations affirms that Every one charged with a penal offence has the
right to be presumed innocent until proved guilty according to law in a
public trial at which he has had all the guarantees necessary for his
defence. No one shall be held guilty any penal offence on account of
any act or omission which do not constitute a penal offence under
national or international law, at the time when it was committed. Nor
shall a heavier penalty be imposed than the one that the one that was
applicable at the time the penal offence was committed. No one shall
be subjected to arbitrary interferences with his privacy, family, home
or correspondence, nor to attack upon his honour and reputation.
Everyone has the right to the protection of the law against such
15United Nations Charter on Universal Declaration of Human Rights, Articles

1 to 10.
33
interference or attacks. Everyone has the right to freedom of
movement and residence within the borders of each State. Everyone
has the right to leave any country, including his own, and to return to
his country. Everyone has the right to seek and to enjoy in other
countries asylum from prosecution. The right may not be invoked in
the case of prosecutions genuinely arising from non – political crimes
or from acts contrary to the purpose and principles of the United
Nations. Everyone has the right to a nationality. No one shall be
arbitrarily deprived of his nationality nor denied the right to change
his nationality. Men and women of full age, without any limitations
due to race, nationality or religion have the right to marry and found
family. They are entitled to equal rights as to marriage during
marriage and at its dissolution. Marriage shall be entered into only
with the free and full consent of the intending spouses. The family is
the natural and fundamental group unit of the society and is entitled
to protection by society and the State. Everyone has the right to own
property alone as well as in association with others. No one shall be
arbitrarily deprived of his property. Everyone has the right to freedom
of thought, conscience and religion; this right includes freedom to
change his religion or belief and freedom either alone or in community
with others and in public or private, to manifest his religion or belief
in teaching, practice, worship and observance. Everyone has the right
to freedom of opinion and expression; this right includes freedom to
hold opinions without interference and to seek, receive and impart
information and ideas through any media regardless of frontiers.
Everyone has the right to freedom of peaceful Assembly and
association. No one may be compelled to belong to an association.16
Nations asserts that everyone has the right to take part in the
Government in his country, directly or through freely chosen
16Ibid., Articles 11 to 20.
34
representatives. Everyone has the right of equal access to public
service in his country. The will of the people shall be on the basis of
the authority of the Government; this will, shall be expressed in
periodic and genuine election which shall be by universal an equal
suffrage and shall be held by secret vote or by equivalent voting
procedure. Everyone, as a member of society, has the right to social
security and is entitled to realization, through national effort and
international co–operation with the organization and resources of each
State, of the economic social and cultural rights indispensable for his
dignity and the free development of his personality. Everyone has the
right to work, to free choice of employment, to just and Favorable
conditions of work and to protection against employment. Everyone
without any discrimination has the right to equal pay for equal work.
Everyone who works has the right to just and favorable remuneration
ensuring for himself and his family an existence worthy of human
dignity, and supplemented, if necessary, by other means of social
protection. Everyone has the right to form and to join in trade unions
for the protection of their interests. Everyone has the right to rest and
leisure, including reasonable limitation of working hours and periodic
holidays with pay. Everyone has the right to a standard of living
adequate for the health and well being of himself and of his family,
including food, clothing, housing, medical care and necessary social
services and the right to social security in the event of unemployment,
sickness, disability, widowhood, old age or other lack of livelihood in
the circumstances beyond his control. Motherhood, childhood is
entitled to special care and assistance. All children, whether born in
or out of wedlock, shall enjoy the same social protection. Everyone has
the right to education. Education shall be free at least in the
elementary and fundamental stages. Elementary education shall be
compulsory. Technical and professional education shall be made
generally available and higher shall be equally accessible to all on the
35
basis of merit. Education shall be directed to the full development of
the human personality and to the strengthening of respect for human
rights and fundamental freedoms. It shall promote understandings,
tolerance and friendship among all nations, racial or religious groups,
and shall further the activities of the United Nations for the
maintenance of peace. Everyone has the right freely to participate in
the cultural life of the community, to enjoy the arts and to share in
scientific advancements and its benefits. Everyone has the right to the
protection of the moral and material interests resulting from any
scientific, literary or artistic production of which he is the author.
Everyone is entitled to a social and international order in which the
rights and the freedoms set forth in this declaration can be fully
realized. Everyone has duties to the community in which alone is free
and full development of his personality is possible. In the exercise of
his rights and freedoms everyone shall be subject only to such
limitations as are determined by law solely for the purpose of securing
due recognition and respect for the rights and freedoms of others and
of meeting the just requirements of morality, public order and the
general welfare in a democratic society. These rights and freedoms
may in no case exercised contrary to the purpose and principles of the
United Nations. Nothing in this declaration may be interpreted as
implying for any State, group or person any right to engage in any
activity or to perform any act aimed at the destruction of any of the
rights and freedom set forth herein.17
The Universal Declaration of Human Rights is a historical
event of great importance to the mankind. It is an international
‘Magna Karta’ of all men everywhere. According to Dr. Charles Malik of
Lebanon, this declaration was not simply a resolution but the part of
the United Nation Charter itself. The major impact of the Declaration
was that the various countries adopted these rights national
36
constitution and laws. But the Declaration lacked the binding force of
a law over the members like conventions and covenants.
2.6 International Covenants on Human Rights

The United Nations not only made a declaration on
human rights, but it also took steps in the direction that they are
effectively implemented by the member States. With this view, the
General Assembly in 1951 requested the Commission on Human
Rights to prepare draft of two covenants. They are ‘Civil and Political
Rights’ and ‘Economical, Social and Cultural Rights’. The purposes of
these Covenants are to give more precise definitions of the human
rights and make necessary provisions for their observance. These
Covenants, after being approved by the General Assembly, were to be
submitted to the United Nation members as treaty, and it would be
binding upon all States that ratified it. On 16 December 1966, The
General Assembly adopted and opened for signature, ratification and
accession of two International Covenants on human rights.18
2.6.1 International Covenant on Civil and Political Rights

The International Covenant on Civil and Political Rights
aims at providing some important Civil and Political Rights to the
citizens. They are right to life, right to equal equality and non
discrimination, right against arbitrary arrest, right against self
incrimination, freedom of movement, freedom of thought and
expression, right to assemble peacefully, right to property, freedom of
conscience and religion, right against slavery, right to privacy, right to
marry and right to family, right to nationality, equal access to public
18SrivastvaJoshi, International Politics and Relations, Goel Publishibg House,

Meerut, 1983, p.257.
37
services, right to take part in public affairs, right to form associations,
cultural rights and right to minorities.19
+
2.6.2 International Covenant on Economic, Social and Cultural
Rights
The International Covenant on Economic, Social and
Cultural Rights aspires at providing some important Economic, Social
and Cultural to the citizens. They are right to work, right to social
security, right to equal pay for equal work, right to leisure, right to
protection of motherhood and childhood, right to education, right to
protection of moral and material interest, right to strike, right to trade
unions, right to marriage and family, right to maternity benefits, right
to minimum standard of living and right to cultural life.20 On the basis
of above mentioned covenants, let us discuss some of the important
human rights in the following pages:
2.7 Convention on the Elimination of All Forms of

Discrimination against Women
On 18 December 1979, the Convention on the Elimination

of All Forms of Discrimination against Women was adopted by the
United Nations General Assembly. It entered into force as an
international treaty on 3 September 1981 after the twentieth country
had ratified it. By the tenth anniversary of the Convention in 1989,
almost one hundred nations have agreed to be bound by its
provisions.
The Convention was the culmination of more than thirty
years of work by the United Nations Commission on the Status of
Women, a body established in 1946 to monitor the situation of women
and to promote women's rights. The Commission's work has been
instrumental in bringing to light all the areas in which women are
19United Nations, International Covenant on Civil and Political Rights.

20United Nations, International Covenant on Economic, Social and Cultural Rights.
38
denied equality with men. These efforts for the advancement of women
have resulted in several declarations and conventions, of which the
Convention on the Elimination of All Forms of Discrimination against
Women is the central and most comprehensive document.
Among the international human rights treaties, the
Convention takes an important place in bringing the female half of
humanity into the focus of human rights concerns. The spirit of the
Convention is rooted in the goals of the United Nations: to reaffirm
faith in fundamental human rights, in the dignity, and worth of the
human person, in the equal rights of men and women. The present
document spells out the meaning of equality and how it can be
achieved. In so doing, the Convention establishes not only an
international bill of rights for women, but also an agenda for action by
countries to guarantee the enjoyment of those rights. In its Preamble,
the Convention explicitly acknowledges that "extensive discrimination
against women continues to exist", and emphasizes that such
discrimination "violates the principles of equality of rights and respect
for human dignity".
The States Parties to the present Convention, noting that
the Charter of the United Nations reaffirms faith in fundamental
human rights, in the dignity and worth of the human person and in
the equal rights of men and women; noting that the Universal
Declaration of Human Rights affirms the principle of the
inadmissibility of discrimination and proclaims that all human beings
are born free and equal in dignity and rights and that everyone is
entitled to all the rights and freedoms set forth therein, without
distinction of any kind, including distinction based on sex; noting that
the States Parties to the International Covenants on Human Rights
have the obligation to ensure the equal rights of men and women to
enjoy all economic, social, cultural, civil and political rights;
considering the international conventions concluded under the
39
auspices of the United Nations and the specialized agencies promoting
equality of rights of men and women; noting also the resolutions,
declarations and recommendations adopted by the United Nations and
the specialized agencies promoting equality of rights of men and
women; concerned, however, that despite these various instruments
extensive discrimination against women continues to exist; recalling
that discrimination against women violates the principles of equality
of rights and respect for human dignity, is an obstacle to the
participation of women, on equal terms with men, in the political,
social, economic and cultural life of their countries, hampers the
growth of the prosperity of society and the family and makes more
difficult the full development of the potentialities of women in the
service of their countries and of humanity; concerned that in
situations of poverty women have the least access to food, health,
education, training and opportunities for employment and other
needs; convinced that the establishment of the new international
economic order based on equity and justice will contribute
significantly towards the promotion of equality between men and
women; emphasizing that the eradication of apartheid, all forms of
racism, racial discrimination, colonialism, neo-colonialism,
aggression, foreign occupation and domination and interference in the
internal affairs of States is essential to the full enjoyment of the rights
of men and women; affirming that the strengthening of international
peace and security, the relaxation of international tension, mutual co-
operation among all States irrespective of their social and economic
systems, general and complete disarmament, in particular nuclear
disarmament under strict and effective international control, the
affirmation of the principles of justice, equality and mutual benefit in
relations among countries and the realization of the right of peoples
under alien and colonial domination and foreign occupation to self-
determination and independence, as well as respect for national
40
sovereignty and territorial integrity, will promote social progress and
development and as a consequence will contribute to the attainment
of full equality between men and women; convinced that the full and
complete development of a country, the welfare of the world and the
cause of peace require the maximum participation of women on equal
terms with men in all fields; bearing in mind the great contribution of
women to the welfare of the family and to the development of society,
so far not fully recognized, the social significance of maternity and the
role of both parents in the family and in the upbringing of children,
and aware that the role of women in procreation should not be a basis
for discrimination but that the upbringing of children requires a
sharing of responsibility between men and women and society as a
whole; aware that a change in the traditional role of men as well as
the role of women in society and in the family is needed to achieve full
equality between men and women; and determined to implement the
principles set forth in the Declaration on the Elimination of
Discrimination against Women and, for that purpose, to adopt the
measures required for the elimination of such discrimination in all its
forms and manifestations. Have agreed on the following:
For the purposes of the present Convention, the term
"discrimination against women" shall mean any distinction, exclusion
or restriction made on the basis of sex which has the effect or purpose
of impairing or nullifying the recognition, enjoyment or exercise by
women, irrespective of their marital status, on a basis of equality of
men and women, of human rights and fundamental freedoms in the
political, economic, social, cultural, civil or any other field.
States Parties condemn discrimination against women in
all its forms, agree to pursue by all appropriate means and without
delay a policy of eliminating discrimination against women and, to this
end, undertake to embody the principle of the equality of men and
women in their national constitutions or other appropriate legislation
41
if not yet incorporated therein and to ensure, through law and other
appropriate means, the practical realization of this principle; to adopt
appropriate legislative and other measures, including sanctions where
appropriate, prohibiting all discrimination against women; to establish
legal protection of the rights of women on an equal basis with men
and to ensure through competent national tribunals and other public
institutions the effective protection of women against any act of
discrimination; to refrain from engaging in any act or practice of
discrimination against women and to ensure that public authorities
and institutions shall act in conformity with this obligation; to take all
appropriate measures to eliminate discrimination against women by
any person, organization or enterprise; to take all appropriate
measures, including legislation, to modify or abolish existing laws,
regulations, customs and practices which constitute discrimination
against women; and to repeal all national penal provisions which
constitute discrimination against women.
States Parties shall take in all fields, in particular in the
political, social, economic and cultural fields, all appropriate
measures, including legislation, to en sure the full development and
advancement of women , for the purpose of guaranteeing them the
exercise and enjoyment of human rights and fundamental freedoms
on a basis of equality with men.
Adoption by States Parties of temporary special measures
aimed at accelerating de facto equality between men and women shall
not be considered discrimination as defined in the present
Convention, but shall in no way entail as a consequence the
maintenance of unequal or separate standards; these measures shall
be discontinued when the objectives of equality of opportunity and
treatment have been achieved. Adoption by States Parties of special
measures, including those measures contained in the present
42
Convention, aimed at protecting maternity shall not be considered
discriminatory.
States Parties shall take all appropriate measures to
modify the social and cultural patterns of conduct of men and women,
with a view to achieving the elimination of prejudices and customary
and all other practices which are based on the idea of the inferiority or
the superiority of either of the sexes or on stereotyped roles for men
and women; and to ensure that family education includes a proper
understanding of maternity as a social function and the recognition of
the common responsibility of men and women in the upbringing and
development of their children, it being understood that the interest of
the children is the primordial consideration in all cases.
States Parties shall take all appropriate measures,
including legislation, to suppress all forms of traffic in women and
exploitation of prostitution of women.21
eliminate discrimination against women in the political and public life
of the country and, in particular, shall ensure to women, on equal
terms with men, the right to vote in all elections and public referenda
and to be eligible for election to all publicly elected bodies; to
participate in the formulation of Government policy and the
implementation thereof and to hold public office and perform all
public functions at all levels of Government; and to participate in non-
Governmental organizations and associations concerned with the
public and political life of the country.
ensure to women, on equal terms with men and without any
discrimination, the opportunity to represent their Governments at the
21Convention
on the Elimination of All Forms of Discrimination against Women, 18th
December, 1979, Part I, Articles 1 to 6.
43
international level and to participate in the work of international
organizations.
States Parties shall grant women equal rights with men to
acquire, change or retain their nationality. They shall ensure in
particular that neither marriage to an alien nor change of nationality
by the husband during marriage shall automatically change the
nationality of the wife, render her Stateless or force upon her the
nationality of the husband. States Parties shall grant women equal
rights with men with respect to the nationality of their children.22
eliminate discrimination against women in order to ensure to them
equal rights with men in the field of education and in particular to
ensure, on a basis of equality of men and women the same conditions
for career and vocational guidance, for access to studies and for the
achievement of diplomas in educational establishments of all
categories in rural as well as in urban areas; this equality shall be
ensured in pre-school, general, technical, professional and higher
technical education, as well as in all types of vocational training;
access to the same curricula, the same examinations, teaching staff
with qualifications of the same standard and school premises and
equipment of the same quality; the elimination of any stereotyped
concept of the roles of men and women at all levels and in all forms of
education by encouraging coeducation and other types of education
which will help to achieve this aim and, in particular, by the revision
of textbooks and school programmes and the adaptation of teaching
methods; the same opportunities to benefit from scholarships and
other study grants; the same opportunities for access to programmes
of continuing education, including adult and functional literacy
programmes, particularly those aimed at reducing, at the earliest
22Convention
December, 1979, Part II, Articles 7 to 9.
44
possible time, any gap in education existing between men and women;
the reduction of female student drop-out rates and the organization of
programmes for girls and women who have left school prematurely;
the same Opportunities to participate actively in sports and physical
education; and access to specific educational information to help to
ensure the health and well-being of families, including information
and advice on family planning.
eliminate discrimination against women in the field of employment in
order to ensure, on a basis of equality of men and women, the same
rights, in particular the right to work as an inalienable right of all
human beings; the right to the same employment opportunities,
including the application of the same criteria for selection in matters
of employment; the right to free choice of profession and employment,
the right to promotion, job security and all benefits and conditions of
service and the right to receive vocational training and retraining,
including apprenticeships, advanced vocational training and recurrent
training; the right to equal remuneration, including benefits, and to
equal treatment in respect of work of equal value, as well as equality
of treatment in the evaluation of the quality of work; the right to social
security, particularly in cases of retirement, unemployment, sickness,
invalidity and old age and other incapacity to work, as well as the
right to paid leave; and the right to protection of health and to safety
in working conditions, including the safeguarding of the function of
reproduction.
In order to prevent discrimination against women on the
grounds of marriage or maternity and to ensure their effective right to
work, States Parties shall take appropriate measures to prohibit,
subject to the imposition of sanctions, dismissal on the grounds of
pregnancy or of maternity leave and discrimination in dismissals on
the basis of marital status; to introduce maternity leave with pay or
45
with comparable social benefits without loss of former employment,
seniority or social allowances; to encourage the provision of the
necessary supporting social services to enable parents to combine
family obligations with work responsibilities and participation in
public life, in particular through promoting the establishment and
development of a network of child-care facilities; and to provide special
protection to women during pregnancy in types of work proved to be
harmful to them.
Protective legislation relating to matters covered in this
article shall be reviewed periodically in the light of scientific and
technological knowledge and shall be revised, repealed or extended as
necessary.
eliminate discrimination against women in the field of health care in
order to ensure, on a basis of equality of men and women, access to
health care services, including those related to family planning.
Notwithstanding the provisions of paragraph I of this article, States
Parties shall ensure to women appropriate services in connection with
pregnancy, confinement and the post-natal period, granting free
services where necessary, as well as adequate nutrition during
pregnancy and lactation.
eliminate discrimination against women in other areas of economic
and social life in order to ensure, on a basis of equality of men and
women, the same rights, in particular the right to family benefits; the
right to bank loans, mortgages and other forms of financial credit; and
the right to participate in recreational activities, sports and all aspects
of cultural life.
States Parties shall take into account the particular
problems faced by rural women and the significant roles which rural
women play in the economic survival of their families, including their
46
work in the non-monetized sectors of the economy, and shall take all
appropriate measures to ensure the application of the provisions of
the present Convention to women in rural areas. States Parties shall
take all appropriate measures to eliminate discrimination against
women in rural areas in order to ensure, on a basis of equality of men
and women, that they participate in and benefit from rural
development and, in particular, shall ensure to such women the right
to participate in the elaboration and implementation of development
planning at all levels; to have access to adequate health care facilities,
including information, counselling and services in family planning; to
benefit directly from social security programmes; to obtain all types of
training and education, formal and non-formal, including that relating
to functional literacy, as well as, inter alia, the benefit of all
community and extension services, in order to increase their technical
proficiency; to organize self-help groups and co-operatives in order to
obtain equal access to economic opportunities through employment or
self employment; to participate in all community activities; to have
access to agricultural credit and loans, marketing facilities,
appropriate technology and equal treatment in land and agrarian
reform as well as in land resettlement schemes; and to enjoy adequate
living conditions, particularly in relation to housing, sanitation,
electricity and water supply, transport and communications.23
States Parties shall accord to women equality with men
before the law. States Parties shall accord to women, in civil matters,
a legal capacity identical to that of men and the same opportunities to
exercise that capacity. In particular, they shall give women equal
rights to conclude contracts and to administer property and shall treat
them equally in all stages of procedure in courts and tribunals. States
Parties agree that all contracts and all other private instruments of
23Convention
December, 1979, Part III, Articles 10 to 14.
47
any kind with a legal effect which is directed at restricting the legal
capacity of women shall be deemed null and void. States Parties shall
accord to men and women the same rights with regard to the law
relating to the movement of persons and the freedom to choose their
residence and domicile.
eliminate discrimination against women in all matters relating to
marriage and family relations and in particular shall ensure, on a
basis of equality of men and women the same right to enter into
marriage; the same right freely to choose a spouse and to enter into
marriage only with their free and full consent; the same rights and
responsibilities during marriage and at its dissolution; the same rights
and responsibilities as parents, irrespective of their marital status, in
matters relating to their children; in all cases the interests of the
children shall be paramount; the same rights 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
exercise these rights; the same rights and responsibilities with regard
to guardianship, wardship, trusteeship and adoption of children, or
similar institutions where these concepts exist in national legislation;
in all cases the interests of the children shall be paramount; the same
personal rights as husband and wife, including the right to choose a
family name, a profession and an occupation; and the same rights for
both spouses in respect of the ownership, acquisition, management,
administration, enjoyment and disposition of property, whether free of
charge or for a valuable consideration.
The betrothal and the marriage of a child shall have no
legal effect, and all necessary action, including legislation, shall be
48
taken to specify a minimum age for marriage and to make the
registration of marriages in an official registry compulsory.24
For the purpose of considering the progress made in the
implementation of the present Convention, there shall be established
a Committee on the Elimination of Discrimination against Women
(hereinafter referred to as the Committee) consisting, at the time of
entry into force of the Convention, of eighteen and, after ratification of
or accession to the Convention by the thirty-fifth State Party, of
twenty-three experts of high moral standing and competence in the
field covered by the Convention. The experts shall be elected by States
Parties from among their nationals and shall serve in their personal
capacity, consideration being given to equitable geographical
distribution and to the representation of the different forms of
civilization as well as the principal legal systems.
The members of the Committee shall be elected by secret
ballot from a list of persons nominated by States Parties. Each State
Party may nominate one person from among its own nationals.
The initial election shall be held six months after the date
of the entry into force of the present Convention. At least three
months before the date of each election the Secretary-General of the
United Nations shall address a letter to the States Parties inviting
them to submit their nominations within two months. The Secretary-
General shall prepare a list in alphabetical order of all persons thus
nominated, indicating the States Parties which have nominated them,
and shall submit it to the States Parties.
Elections of the members of the Committee shall be held
at a meeting of States Parties convened by the Secretary-General at
United Nations Headquarters. At that meeting, for which two thirds of
the States Parties shall constitute a quorum, the persons elected to
24Convention
December, 1979, Part IV, Articles 15 and 16.
49
the Committee shall be those nominees who obtain the largest
number of votes and an absolute majority of the votes of the
representatives of States Parties present and voting.
The members of the Committee shall be elected for a term
of four years. However, the terms of nine of the members elected at
the first election shall expire at the end of two years; immediately after
the first election the names of these nine members shall be chosen by
lot by the Chairman of the Committee.
The election of the five additional members of the
Committee shall be held in accordance with the provisions of
paragraphs 2, 3 and 4 of this article, following the thirty-fifth
ratification or accession. The terms of two of the additional members
elected on this occasion shall expire at the end of two years, the
names of these two members having been chosen by lot by the
Chairman of the Committee.
For the filling of casual vacancies, the State Party whose
expert has ceased to function as a member of the Committee shall
appoint another expert from among its nationals, subject to the
approval of the Committee.
The members of the Committee shall, with the approval of
the General Assembly, receive emoluments from United Nations
resources on such terms and conditions as the Assembly may decide,
having regard to the importance of the Committee's responsibilities.
The Secretary-General of the United Nations shall provide
the necessary staff and facilities for the effective performance of the
functions of the Committee under the present Convention.
States Parties undertake to submit to the Secretary-
General of the United Nations, for consideration by the Committee, a
report on the legislative, judicial, administrative or other measures
which they have adopted to give effect to the provisions of the present
Convention and on the progress made in this respect within one year
50
after the entry into force for the State concerned; and thereafter at
least every four years and further whenever the Committee so
requests. Reports may indicate factors and difficulties affecting the
degree of fulfillment of obligations under the present Convention.
The Committee shall adopt its own rules of procedure.
The Committee shall elect its officers for a term of two years.
The Committee shall normally meet for a period of not
more than two weeks annually in order to consider the reports
submitted in accordance with article 18 of the present Convention.
The meetings of the Committee shall normally be held at United
Nations Headquarters or at any other convenient place as determined
by the Committee.
The Committee shall, through the Economic and Social
Council, report annually to the General Assembly of the United
Nations on its activities and may make suggestions and general
recommendations based on the examination of reports and
information received from the States Parties. Such suggestions and
general recommendations shall be included in the report of the
Committee together with comments, if any, from States Parties. The
Secretary-General of the United Nations shall transmit the reports of
the Committee to the Commission on the Status of Women for its
information.
The specialized agencies shall be entitled to be
represented at the consideration of the implementation of such
provisions of the present Convention as fall within the scope of their
activities. The Committee may invite the specialized agencies to
submit reports on the implementation of the Convention in areas
falling within the scope of their activities.25
25Convention
December, 1979, Part V, Articles 17 to 22.
51
Nothing in the present Convention shall affect any
provisions that are more conducive to the achievement of equality
between men and women which may be contained in the legislation of
a State Party; or in any other international convention, treaty or
agreement in force for that State.
States Parties undertake to adopt all necessary measures
at the national level aimed at achieving the full realization of the rights
recognized in the present Convention.
The present Convention shall be open for signature by all
States. The Secretary-General of the United Nations is designated as
the depositary of the present Convention. The present Convention is
subject to ratification. Instruments of ratification shall be deposited
with the Secretary-General of the United Nations. The present
Convention shall be open to accession by all States. Accession shall be
effected by the deposit of an instrument of accession with the
Secretary-General of the United Nations. A request for the revision of
the present Convention may be made at any time by any State Party
by means of a notification in writing addressed to the Secretary-
General of the United Nations. The General Assembly of the United
Nations shall decide upon the steps, if any, to be taken in respect of
such a request.
The present Convention shall enter into force on the
thirtieth day after the date of deposit with the Secretary-General of the
United Nations of the twentieth instrument of ratification or accession.
For each State ratifying the present Convention or acceding to it after
the deposit of the twentieth instrument of ratification or accession, the
Convention shall enter into force on the thirtieth day after the date of
the deposit of its own instrument of ratification or accession. The
Secretary-General of the United Nations shall receive and circulate to
all States the text of reservations made by States at the time of
ratification or accession. A reservation incompatible with the object
52
and purpose of the present Convention shall not be permitted.
Reservations may be withdrawn at any time by notification to this
effect addressed to the Secretary-General of the United Nations, who
shall then inform all States thereof. Such notification shall take effect
on the date on which it is received. Any dispute between two or more
States Parties concerning the interpretation or application of the
present Convention which is not settled by negotiation shall, at the
request of one of them, be submitted to arbitration. If within six
months from the date of the request for arbitration the parties are
unable to agree on the organization of the arbitration, any one of those
parties may refer the dispute to the International Court of Justice by
request in conformity with the Statute of the Court. Each State Party
may at the time of signature or ratification of the present Convention
or accession thereto declare that it does not consider itself bound by
paragraph I of this article. The other States Parties shall not be bound
by that paragraph with respect to any State Party which has made
such a reservation. Any State Party which has made a reservation in
accordance with paragraph 2 of this article may at any time withdraw
that reservation by notification to the Secretary-General of the United
Nations.26
2.8 Convention on the Rights of the Child

The Convention on the Rights of the Child which consists
of a Preamble, three Parts and 54 Articles declares that the child, by
reason of his physical and mental immaturity, needs special
safeguards and care, including appropriate legal protection, before as
well as after birth.27
26Convention on the Elimination of All Forms of Discrimination against Women, 18th

December, 1979, Part VI, Articles 23 to 30.
27Convention on the Rights of the Child Adopted and Opened for Signature,
Ratification and Accession by General Assembly Resolution 44/25 of 20 November

1989, Entry Into Force 2 September 1990, In Accordance With Article 49.
53
2.8.1 Declaration on Social and Legal Principles Relating to the
Protection and Welfare of Children
The General Assembly of the United Nations on the basis

of the Convention on the Rights of the Child has declared certain
rights to children. In the following pages an attempt has been made to
explain the rights extended to children relating to general family and
child welfare, foster placement and adoption.
2.8.2 General Family and Child Welfare

Every State should give a high priority to family and child
welfare. Child welfare depends upon good family welfare. The first
priority for a child is to be cared for by his or her own parents. When
care by the child’s own parents is unavailable or inappropriate, care
by relatives of the child’s parents by another substitute-foster or
adoptive-family or, if necessary, by an appropriate institution should
be considered. In all matters relating to the placement of a child
outside the care of the child’s own parents, the best interests of the
child, particularly his or her need for affection and right to security
land continuing care should be the paramount consideration. Persons
responsible for foster placement or adoption procedures should have
professional or other appropriate training. Government should
determine the adequacy of their national child welfare service and
consider appropriate actions. The child should at all times have a
name, a nationality and a legal representative. The child should not,
as a result of foster placement, adoption or any alternative regime, be
deprived or his or her name, nationality or legal representative unless
the child thereby acquires a new name, nationality or legal
representative. The need of a foster or an adopted child to know about
his or her background should be recognized by persons responsible
54
for the child’s care unless this is contrary to the child’s best
interests.28
2.8.3 Foster Placement

Foster placement of children should be regulated by law.
Foster family care, though temporary in nature, may continue, if
necessary, until adulthood but should not preclude either prior return
to the child’s own parents or adoption. In all matters of foster family
care, the prospective foster parents and, as appropriate, the child and
his or her own parents should be properly involved. A competent
authority or agency should be responsible for supervision to ensure
the welfare of the child.29
2.8.4 Adoption
The primary aim of adoption is to provide the child who
cannot be cared for by his or her own parents with a permanent
family. In considering possible adoption placements persons
responsible for them should select the most appropriate environment
for the child. Sufficient time and adequate counseling should be given
to the child’s own parents, the perspective adoptive parents and, as
appropriate, the child in order to reach a decision on the child’s future
as early as possible. The relationship between the child to be adopted
and the perspective adoptive parents should be observed by child
welfare agencies or services prior to the adoption. Legislation should
ensure that the child is recognized in law as a member of the adoptive
family and enjoys all the rights pertinent thereto. If a child cannot be
placed in a foster or an adoptive family or cannot in any suitable
manner by cared for in the country of origin, intercountry adoption
may be considered as an alternative means of providing the child with
28Declaration on Social and Legal Principles Relating to the Protection and Welfare
of Children, Articles 1 to 9.
55
a family. Governments should establish policy, legislation and effective
supervision for the protection of children involved in intercountry
adoption. Intercountry adoption should wherever possible, only be
undertaken when such measures have been established in the States
concerned. Policies should be established and laws enacted, where
necessary, for the prohibition of abduction and of any other act for
illicit placement of children. In intercountry adoption, placements
should as a rule, be made through competent authorities or agencies
with application of safeguards and standards equivalent to those
existing in respect of national adoption. In no case should the
placement result in improper financial gain for those involved in it. In
intercountry adoption through persons acting as agents for
perspective adoptive parents, special precautions should be taken in
order to protect the child’s legal and social interests. No intercountry
adoption should be considered before it has been established that the
child is legally free adoption and that any pertinent documents
necessary to complete the adoption, such as the consent of competent
authorities, will become available. It must also be established that the
child will be able to migrate and to join the prospective adoptive
parents and may obtain their nationality. In intercountry adoption, as
a rule, the legal validity of the adoption should be assured in each of
the countries involved.30 Where the nationality of the child differs from
that of the perspective adoptive parents, all due weight shall be given
to both the law of the State of which the child is a national and the
law of the State of which the prospective adoptive parents are
nationals. In this connection due regard shall be given to the child’s
cultural and religious background and interests.
56
2.9 Declaration of the Rights of the Child
The General Assembly of the United Nations in its
Declaration of the Rights of the Child has extended certain rights to
the children. They are:
The child shall enjoy all the rights set forth in this
Declaration. Every child, without any exception whatsoever, shall be
entitled to these rights, without distinction or discrimination on
account of race, colour, sex, language, religion, political or other
opinion, national or social region, property, birth or other status,
whether of himself or of his family. The child shall enjoy special
protection, and shall be given opportunities and facilities, by law and
by other means, to enable him to develop physically, mentally,
morally, spiritually and socially in a healthy and normal manner and
in conditions of freedom and dignity. In the enactment of laws for this
purpose, the best interests of the child shall be the paramount
consideration. The child shall be entitled from his birth to a name and
a nationality. The child shall enjoy the benefits of social security. He
shall be entitled to grow and develop in health; to this end, special
care and protection shall be provided both to him and to his mother,
including adequate pre-natal and post-natal care. The child shall have
the right to adequate nutrition, housing, recreation and medical
services. The child who is physically, mentally or socially handicapped
shall be given the special treatment, education and care required by
his particular condition. The child, for the full and harmonious
development of his personality, needs love and understanding. He
shall, wherever possible, grow up in the care and under the
responsibility of his parents, and, in any case, in an atmosphere of
affection and of moral and material security; a child of tender years
shall not, save in exceptional circumstances, be separated from his
mother. Society and the public authorities shall have the duty to
extend particular care to children without a family and to those
57
without adequate means of support. Payment of State and other
assistance towards the maintenance of children of large families is
desirable. The child is entitled to receive education, which shall be free
and compulsory, at least in the elementary stages. He shall be given
an education which will promote his general culture and enable him,
on a basis of equal opportunity, to develop his abilities, his individual
judgement, and his sense of moral and social responsibility, and to
become a useful member of society. The best interests of the child
shall be the guiding principle of those responsible for his education
and guidance; that responsibility lies in the first place with his
parents. The child shall have full opportunity for play and recreation,
which should be directed to the same purposes as education; society
and the public authorities, shall endeavour to promote the enjoyment
of this right. The child shall in all circumstances be among the first to
receive protection and relief. The child shall be protected against all
forms of neglect, cruelty and exploitation. He shall not be the subject
of traffic, in any form. The child shall not be admitted to employment
before an appropriate minimum age; he shall in no case be caused or
permitted to engage in any occupation or employment which would
prejudice his health or education, or interfere with his physical,
mental or moral development. The child shall be protected from
practices which may foster racial, religious and any other form of
discrimination. He shall be brought up in a spirit of understanding,
tolerance, friendship among peoples, peace and universal
brotherhood, and in full consciousness that his energy and talents
should be devoted to the service of his fellow men.31
2.10 National Charter for Children, 2003

On the basis of convention on the rights of the child
declaration on social and legal principles relating to protection and
31Declaration of the Rights of the Child, Principles 1 to 10.
58
welfare of children and declaration of the rights of the child, the
Government of India have had for consideration the question of
adopting a National Charter for Children to reiterate its commitment
to the cause of the children in order to see that no child remains
hungry, illiterate or sick.32 After the consideration, it has been decided
to adopt the National Charter for Children as enunciated below:
Whereas the Constitution of India enshrines both in Parts
III and IV the cause and the best interest of children, insofar that the
State can make special provisions for children,33 the State shall
provide free and compulsory education to all children of the age of six
to fourteen years,34 no child below the age of fourteen years shall be
employed to work in a factory, mien or any other hazardous
employment,35 the tender age of children is not abused and the
citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength36 and that children are given
opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that youth are protected against
exploitation and against moral and material abandonment,37 the State
shall endeavour to provide early childhood care and education for all
children until they complete the age of six years.38 Whereas it is a
fundamental duty of a parent or guardian to provide opportunities for
education to his child or ward between the age of six and fourteen
years,39 whereas through the National Policy for Children, 1974, we
are committed to providing for adequate services to children, both
before and after birth and throughout the period of growth, to ensure
32Resolution No 6-15/98C.W., dated 9.2.2004, Issued by Ministry of Human

Resource Development.
33Constitution of India, Article 15(3).
34Ibid., Article 21-A.
35Ibid., Article 24.
36Ibid., Article 39e.
37Ibid., Article 39f.
38Ibid., Article 45.
39Ibid., Article 51-A.
59
their full physical, mental and social development, whereas we also
affirm that while State, society, community and family have
obligations towards children, these must be viewed in the context of
intrinsic and attendant duties of children and inculcating in children
a sound sense of values directed towards preserving and
strengthening the Family, Society and the Nation and whereas we
believe that by respecting the child, society is respecting itself, now,
therefore, in accordance with our pledge in the National Agenda of
Governance, the following National Charter for children, 2003 is
announced. Underlying this Charter is or intent to secure for every
child its inherent right to be a child and enjoy a healthy and happy
childhood, to address the root causes that negate that healthy growth
and development of children, and to awaken the conscience of the
community in the wider societal context to protect children from all
firms of abuse, while strengthening the family, society and the Nation.
2.10.1 Survival, Life and Liberty

The State and community shall undertake all possible
measures to ensure and protect and survival, life and liberty of all
children. In particular, the State and community will undertake all
appropriate measures to address the problems of infanticide and
foeticide, especially of female child and all other emerging
manifestations that deprive the girl child of her right to survive with
dignity.
2.10.2 Promoting High Standards of Health and Nutrition

The State shall take measures to ensure that all children
enjoy the highest attainable standards of health, and provide for
preventive and curative facilities at all levels especially immunization
and prevention of micronutrient deficiencies for all children. The State
shall take measures to cover, under primary health facilities and
60
specialized care and treatment, all children of families below the
poverty line. The State shall take measures to provide adequate pre-
natal and post-natal care for mothers along with immunization
against preventable diseases. The State shall undertake measures to
provide for a national plan that will ensure that the mental health of
all children is protected. The State shall take steps to provide all
children from families below the poverty lien with adequate
supplementary nutrition and undertake adequate measures for
ensuring access to safe drinking water and environmental sanitation
and hygiene.40
2.10.3 Assuring Basic Minimum Needs and Security

The State recognizes that the basic minimum needs of
every child must be met that foster full development of the child’s
faculties. In order to ensure this, the State shall in partnership with
the community provide social security for children, especially for
abandoned children and street children. State and community shall
try and remove the fundamental causes which result in abandoned
children and children living on streets, and provide infrastructure and
material support by way of shelter, education, nutrition and
recreation.41
2.10.4 Play and Leisure

The State and community shall recognize that all children
require adequate play and leisure for their healthy development and
must ensure means to provide for recreational facilities and services
for children of all ages and social groups.42
40National Charter for Children, 2003, Sections 1 to 3.

41Ibid., Section 4 (a) to (c).
42Ibid., Section 5.
61
2.10.5 Early Childhood Care for Survival, Growth and
Development
The State shall in partnership with the community

provide early childhood care for all children and encourage
programmes which will stimulate and develop their physical and
cognitive capacities. The State shall in partnership with the
community aim at providing a child care centre in every village where
infants and children of working mothers can be adequately cared for.
The State will make special efforts to provide these facilities to
children from SCs/STs and marginalized Sections of society.43
2.10.6 Free and Compulsory Primary Education

The State recognizes that all children shall have access to
free and compulsory education. Education at the elementary level
shall be provided free of cost and special incentives should be
provided to ensure that children from disadvantaged social groups are
enrolled, retained and participate in schooling. At the secondary level,
the State shall provide access to education for all and provide
supportive facilities from the advantaged groups. The State shall in
partnership with the community ensure that all the educational
institutions function efficiently and are able to reach universal
enrolment, universal retention, universal participation and universal
achievement. The State and community recognize that a child be
educated in its mother tongue. The State shall ensure that education
is child-oriented and meaningful. It shall also take appropriate
measures to ensure that education is sensitive to the healthy
development of the girl child and to children of varied cultural
backgrounds. The State shall ensure that school discipline and
matters related thereto do not result in physical, mental, psychological
harm to trauma to the child. The State shall formulate special
62
programmes to spot, identify, encourage and assist the gifted children
for their development in the field of their excellence.44
2.10.7 Protection from Economic Exploitation and All Forms of

Abuse
The States shall provide protection to children from

economic exploitation and from performing tasks that are hazardous
to their well-being. The State shall ensure that there is appropriate
regulation of conditions of work in occupations and processes where
children perform work of a non-hazardous nature and that their rights
are protected. The State shall move towards a total ban of all forms of
child labour.
All children have a right to be protected against neglect,
maltreatment, injury, and trafficking, sexual and physical abuse of all
kinds, corporal punishment, torture, exploitation, violence and
degrading treatment. The State shall take legal action against those
committing such violations against children even if they be legal
degrading treatment. The State shall in partnership with the
community set up mechanisms for identification, reporting, referral,
investigation and follow-up of such acts, while respecting the dignity
and privacy of the child. The State shall in partnership with the
community take up steps to draw up plans for the identification, care,
protection, counseling and rehabilitation of child victims and ensure
that they are able to recover, physically, socially and psychologically,
and re-integrate into society.
The State shall take strict measures to ensure that
children are not used in the conduct of any illegal activity, namely,
trafficking of narcotic drugs and psychotropic substances, begging,
prostitution, pornography or violence. The State in partnership with
the community shall ensure that such children are rescued and
44Ibid., Section 7 (a) to (g).
63
immediately placed under appropriate care and protection. The State
and community shall ensure protection of children in distress for their
welfare and all round development. The State and community shall
ensure protection of children during the occurrence of natural
calamities in their best interest.45
2.10.8 Protection of the Girl Child

The State and community shall ensure that crimes and
atrocities committed against the girl child, including child marriage,
discriminatory practices, forcing girls into prostitution and trafficking
are speedily eradicated. The State shall in partnership with the
community undertake measures, including social, educational and
legal, to ensure that there is greater respect for the girl child in the
family and society. The State shall take serious measures to ensure
that the practice of child marriage is speedily abolished.46
2.10.9 Empowering Adolescents

The State and community shall take all steps to provide
the necessary education and skills to adolescent children so as to
equip them to become economically productive citizens. Special
programmes will be undertaken to improve the health and nutritional
status of the adolescent girl.
Equality, freedom of expression, freedom to seek and
receive information, freedom of association and peaceful Assembly—
The State and community shall ensure that all children are treated
equally without discrimination on grounds of the child’s or the child’s
parents or legal guardian’s race, colour, caste, sex, language, religion,
political or other opinion, national, ethnic or social origin, disability,
birth, political status, or any other consideration.
45Ibid., Sections 8 to 10.

64
All children shall be given every opportunity for all round
development of their personality, including expression of creativity.
Every child shall have the freedom to seek and receive
information and ideas. The State and community shall provide
opportunities for the child to access information that will contribute to
the child development. The State and community shall undertake
special measures to ensure that the linguistic needs of children are
taken care of and encourage the production and dissemination of
child-friendly information and material in various forms. The State
and community shall be responsible for formulating guidelines for the
mass media in order to ensure that children s are protected from
material injuries to their well-being. All children shall enjoy freedom of
association and peaceful Assembly, subject to reasonable restrictions
and in conformity with social and family values.47
2.10.10 Strengthening Family

Every child has a right to a family. In case of separation of
children from their families, the State shall ensure that priority is
given to re-unifying the child with its parents. In cases where the
State perceives adverse impact of such a re-unification, the State shall
make alternate arrangements immediately, keeping in mind the best
interests and the views of the child. All children have a right to
maintain contact with their families, even when they are within the
custody of the State for various reasons. The State shall undertake
measures to ensure that children without families are either placed for
adoption, preferably intra-country adoption, or foster care or any
other family substitute services. The State shall ensure appropriate
rules with respect to the implementation of such services are drafted
in a manner that are in the best interest of the child and that
47Ibid., Sections 12 to 16.
65
regulatory bodies are set up to ensure the strict enforcement of these
rules.48
2.10.11 Responsibilities of Both Parents

The State recognizes the common responsibilities of both
parents in rearing their children.49
2.10.12 Protection of Children with Disabilities

The State and community recognize that all children with
disabilities must be helped to lead a full life with dignity and respect.
All measures would be undertaken to ensure that children with
disabilities are encouraged to be integrated into the mainstream
society and actively participate in all walks of life. State and
community shall also provide for their education, training, health
care, rehabilitation, recreation in a manner that will contribute to
their overall growth and development. State and community shall
launch preventive programmes against disabilities and early detection
of disabilities so as to ensure that the families with disabled children
receive adequate support and assistance in bringing up their children.
The State shall encourage research and development in the field of
prevention, treatment and rehabilitation of various forms of
disabilities.50
2.10.13 Care, Protection, Welfare of Children of Marginalized and

Disadvantaged Communities
The State and community shall provide care, protect and

ensure the welfare of children from marginalized and disadvantaged
communities, support them in preserving their identity and encourage
them to adopt practices that promote their best interest. The State
48Ibid., Section 17 (a) to (e).

49Ibid., Section 18.
50Ibid., Section 19 (a) to (d).
66
recognizes that children from disadvantaged communities and
weaker/vulnerable Sections of the society are in need of special
interventions and support in all matters pertaining to education,
health, recreation and supportive services. It shall make adequate
provisions for providing such groups with special attention in all its
policies and programmes.51
2.10.14 Ensuring Child Friendly Procedures

All matters and procedures relating to children, viz.,
judicial administrative, educational or social, should be child friendly.
All procedures laid down under the juvenile justice system for children
in conflict with law and for children in need of special care and
protection shall also be child friendly.52
2.11 Indian Constitution and Human Rights

The Constitution of India, which is the supreme law of the
country, has provided almost all human rights to the people. The
constitution came in to existence after a very long struggle for freedom
from colonial rule. The Indian nationalism really speaking across from
the system of imperialist exploitation from the sharp clash of interest
of various Sections of the Indian people on the one hand and those of
the foreign bourgeoisie on the other.53 The Indian struggle for freedom
was directed against the British colonial rule, racial discrimination
and to secure basic human rights for all the people irrespective of
race, colour, sex, place of birth, caste etc, which were denied by the
colonial masters. Even during the freedom struggle, Indians were
trying to identify the rights of the people. The Indian National
Congress, the main representative body of the nationalists tried to
51Ibid.,Sections 20 and 21.

52Ibid.,Section 22.
53S.N. Dubey, Indian Government and Politics, Laksmi Narain Agarwal, Agra, 2006.
67
formulate the spectrum of human rights back in 1895 when an
unknown author drafted the Constitution of India Bill.
Later on, the first normal document of rights came in to
existence in the Motilal Nehru Report in 1928 as asked by the Madras
Congress (1927). The congress in its session in December 1928
resolved to adopt the Nehru Report. However, it was declared that if
the Report was not accepted by the British Government within one
year, the congress would opt for complete independence and fight to
achieve it by civil disobedience.54 India having a continental size, its
society was highly complex and pluralistic. Indian political leadership
was committed to democratic ideas and aspirations.55 The people were
having a various caste, regional, religious, linguistic and other
loyalties with the problems of backwardness, poverty and illiteracy.
Adding to this was the problem of large number of minorities and
under privileged weaker Sections who had for long remained
depressed under inequitious social conditions. In the wake of
partition, the country had witnessed worst communal riots and
numerous killing of Muslims and Hindus by each other. In such a
socio economic background of India the struggle for freedom was not
merely for political independence, it was essentially freedom from
want and hunger, from poverty and wretchedness, from exploitation
and discrimination. It was a dream of Mahatma Gandhi to have a total
revolution – social, economical, political and spiritual. He wanted to
wipe every tear from every eye.
Jawaharlal Nehru emphasized on “the ending of poverty
and ignorance and disease and inequality of opportunity”. Baba Saheb
Ambedkar emphasized for social justice, end of discrimination on
caste lines, equality and human rights of weaker Section of the people.
To give real meaning and content to political freedom, on 15 August
54Ibid., p.45.
55King’s Publishers, Indian Government and Politics, King’s books, Delhi, 1999,
p.81.
68
1947 it was thought necessary to wage a peaceful war for economic
freedom and to build a new social order free from exploitation of man
by man. Our constitution was drafted by a Constituent Assembly
composed of Indian people. The leadership of the Assembly rested wit
Nehru, Patel, Prasad and Azad yet the real author of the constitution
was a small group of jurists and scholars who did not belong to any
political party.56 Thus the constitution Assembly of India which
prepared the constitution of independent India provided in it a strong
political institution building for achieving social and economic change
and progress through peaceful means.
The Preamble of the Constitution of India which outlines
the objectives of the constitution States : “We the people of India,
having solemnly resolved to constitute India in to a Sovereign,
Socialist, Secular, Democratic Republic and to secure to all its
citizens: Justice, social, economic and political ; Liberty of thoughts,
expression, faith, belief and worship ; Equality of status and of
opportunity ; and to promote them all Fraternity assuring the dignity
of the individual and the unity and integrity of the nation”; In our
constituent Assembly, this 26th Day of November, 1949 do hereby
adopt, enact and give to ourselves this constitution.”57
The Preamble provides the basic glimpses of the human
rights as included in the constitution. The Preamble is of great
importance as any doubt regarding any article or any provision in the
constitution can be cleared and interpreted in the light of the
Preamble. It sets out the goal of Indian Government to provide social,
economic and political justice to its entire people. The constitution has
already included several provisions in Fundamental Rights chapter
and Directive Principles chapter to obtain these objectives, Similarly,
the human rights of liberty of thought, expression, belief and faith and
56S.L. Sikri, Indian Government and Politics, Kalyani Publishers, New Delhi, 2004,
p.3.
57Ibid., p.169.
69
worship as well as equality of status and opportunity have been well
emphasized and provided in the Constitution of India which are the
goals before the Indian Government to be achieved.
The Constitution of India has provided a detailed list of
human rights and incorporated them in the form of Fundamental
Rights (Part III) and the Directive Principles (Part IV) The Fundamental
Rights incorporates Right to Equality, Cultural and Educational
Rights and the Right to Constitutional Remedies. The political
dimensions of justice are an extension of the legal dimension.58
2.11.1 Fundamental Rights

The Constitution of India guarantees Right to Equality
which includes equality before the law and equal protection of law to
all persons within the territory of India, State cannot discriminate on
grounds of religion, race, caste, place of birth, caste or sex. It also
provides public places for all without discrimination, equality of
opportunity in matters of public appointment or public services,
abolition of untouchablity and abolition of Titles (Other than that of
military and academic). These provisions clearly establish that all
citizens have been guaranteed political and social equality.59 The
constitution provides all the citizens against discriminatory treatment
and provides them equal opportunity in social and public life.60
The Constitution of India provides six fundamental
freedoms. They are Freedom of speech and expression, Freedom to
assemble peaceful without arm, Freedom to form associations and
unions, Freedom to move freely throughout the territory of India,
Freedom to reside and settle in any part of India and Freedom to
58S.L.Sikri, Indian Government and Politics, Kalyani Publishers, New Delhi, 2004.
59Constitution of India, Articles 14 to 18.
60J.K. Chopra, Dr. B.R. Mohanty, Indian Polity, Unique Publishers, New Delhi,
2008, p.25.
70
practice any profession, or to carry on any occupation, trade or
business.61
This provides that no person shall be convicted of any
offence expect for violation of law in force at the time of Commission of
the act. Nobody should be subjected to penalty or punishments
greater than that provided under law at the time of offence. This also
prohibits punishment on double jeopardy and ex- post facto laws.62
The Constitution of India provides that “no person shall
be deprived of his life or personal liberty expect according to the
procedure established by the law”. The Right of Life and Personal
Liberty is the most fundamental of all Fundamental Rights and it can
never be suspended not even during emergency.63
It lays down that no person who has been arrested shall
be detained in custody without being informed, as soon as may be, of
the ground for such arrest. Arrested person shall not be denied the
right to consult and to be defended by a legal practitioner of his
choice. Each arrested/detained person has to be produced before the
magistrate within twenty four hours of such arrest and cannot be kept
in custody beyond twenty fourhours without the authority of the
magistrate. The constitution however provides for arrest in Preventive
Detention Act of person committing anti – national activities. In such
a case, the initial detention may be of two months (or as fixed by the
parliament) and the further detent can only be on the
recommendation of an advisory board under the chairmanship of a
judge of High Court also having two other High Court Judges as
members.64
Right against exploitation are prohibition of trafficking of
human beings, beggars and forced labour and prohibition of

62Constitution of India, Article 20.
71
employment of children below the age of fourteen years in factories,
mines or other hazardous jobs.65
Constitution of India provides freedom of religion under
Articles 35 to 38 to all Persons. Freedom of conscience and right to
profess, practice and propagate any religion (subject to public order,
morality and health); freedom to manage religions affairs, to own and
acquire movable and immovable property and to administer such
property; and no person shall be compelled to pay and taxes for the
promotion or maintenance of any particular religion. No religious
instruction can be provided in an educational institution wholly
maintained out of State funds or receiving and from the State.
Similarly there is freedom to attend religious instructions or religious
worship to certain educational institutions and nobody shall be forced
or compelled to attend any religious instructions or functions.66
The cultural and educational rights are protection of the
interests of minorities and to enable them too conserves their
language, script or culture and right of minorities to establish and
administer educational institutions of their choice.67
Article 32 grants the right to move to the Supreme Court
by appropriate proceedings for the enforcement of the rights conferred
by the Constitution. The Supreme Court has been vested with the
authority to issue writs, order or directions. The writs in the nature of
Habeas Corpus, Mandamus, Prohibition, Quo-Warranto and Certiorari
whichever may be appropriate for the enforcement of rights, can be
issued by the Supreme Court.68 Under Article 226 the people can even
move to the High Courts for the enforcement of fundamental rights.
65Constitution of India, Articles 23 and 24.

72
2.11.2 Directive Principles of State Policy (Part IV)
The Directive Principles of State Policy which has been
provided in part IV of the Constitution aims at realizing the high ideals
of justice, liberty, equality and fraternity as outlined in the Preamble
of the Constitution. The framers have borrowed these features from
the Constitution of Irish Republic. The State cannot be compelled
through Courts to implement the Directive Principles of State Policy.
Articles 36 to 51 deal with Directive Principles. These cover a wide
range of State activity embracing economic, social, legal, educational
and international problems.69
The Directive Principles which broadly incorporate the
socio – economic rights are as much part of human rights. Some of
these Directive Principles which show resemblance with human rights
are to provide the right to an adequate means of livelihood to all, to
ownership and control of the material resources of the community to
be so distributed as to secure the common goal, prevention of
concentration of wealth and means of production, equal pay for work
for both men and women, protection of health of workers, protection
of children against exploitation, provision for securing right to work, to
education and to public assistance in case of unemployment, old age,
sickness and disablement, provision for securing just and humane
conditions of work and maternity relief, to secure all workers a living
wage, better conditions of work and decent standard of life, to secure
that legal system promotes justice on the basis of equal opportunity
and also provide free legal aid, protection of educational and economic
interest of weaker Sections, particularly Scheduled Castes and
Scheduled Tribes, to secure uniform civil code, free and compulsory
education to all children up to14 years of age and to provide adequate
standard of living and raise level of nutrition and public health.70

73
In consistence with the constitutional provisions, several
laws have been enacted to safeguard basic human rights in India,
especially the Criminal Procedure Code, Indian Penal Code, the
Evidence Act and a large number of social welfare laws.
Since India has become a party to the Covenant on Civil
and Political Rights and the Covenant on Economic, Social and
Cultural Rights by ratifying them, the rights guaranteed and provided
in the constitution of India are required to be in conformity with the
above of two covenants. It is also an obligation to provide these rights.
If we compare these covenants and the rights in the Indian
Constitution, we find that many of them have been recognized. These
comparisons bear testimony to the fact that there are many
similarities in contents and form between the constitutional provision
and the provisions of United Declaration of Human Rights and
International Covenant on Economics, Social and Cultural Rights. The
fundamental Rights substantially cover almost all the civil and
political rights enumerated in Article 2 to 21 of the Universal
Declaration of Human Rights, and hence can truly be designed as
fundamental human rights of India.
In order to put to effect the various provisions of human
rights enshrined in the Declaration of Human Rights by the United
Nations, Universal Declaration of Human Rights, International
Covenants on Human Rights, Convention on the Elimination of All
Forms of Discrimination against Women, Convention on the Rights of
the Child, Declaration on Social and Legal Principles Relating to the
Protection and Welfare of Children, National Charter for Children,
2003 and the Constitutional provisions relating to Preamble,
Fundamental Rights and Directive Principles of State Policy,
incorporated to protect the human rights, Human Rights Commission
at the National Level and the Human Rights Commission at the State
level have been established.
74
2.12 Conclusions
This chapter has traced the concept of human rights and

the various theories relating to human rights. All these theoretical and
historical factors, along with the unacceptable inhuman practices
during the Second World War, compelled the United Nations
Organisation to legislate on human rights and made nation states to
adopt the principles and practices of human rights. All the Member
Countries of the UN adopted the Declaration Universal Human Rights
in to their governance system since 1948. The Government of India
passed the Protection of Human Rights Act in 1993 and established
the National Human Rights Commission. The organization and
functions of National Human Rights Commission are evaluated in the
next chapter.
75

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CHAPTER II

HUMAN RIGHTS – THE CONCEPT AND ITS

2.2 Historical Background of Human Rights

1 M.Srivastava Joshi, International Politics and Relations, Goel Publishing House,

2.3 Theories of Human Rights

2.3.1 Theory of Natural Rights

2.3.2 The Legal Theory of Rights

2.3.3 The Social Welfare Theory of Rights

2.3.4 The Idealist Theory of Rights

4R.C. Agarwall, Political Theory Principles of Political Science, S.Chand and

2.3.5 The Historical Theory of Rights

2.4 Classification of Human Rights

2.4.1 Classification from Historical Point of View

2.4.2 Classification from Chronological Point of View

2.4.3 Classification from Philosophical Point of View

2.4.5 Classification from Geographical Point of View

2.5 Declaration of Human Rights by the United Nations

8Ghanashyam Talkdar, Role of United Nations in World Politics, Anmol Publications,

10Ghanashyam Talkdar,Role of United Nations in world politics,Anmol Publications,

15United Nations Charter on Universal Declaration of Human Rights, Articles

16Ibid., Articles 11 to 20.

17Ibid., Articles 21 to 30.

2.6 International Covenants on Human Rights

2.6.1 International Covenant on Civil and Political Rights

18SrivastvaJoshi, International Politics and Relations, Goel Publishibg House,

2.7 Convention on the Elimination of All Forms of

On 18 December 1979, the Convention on the Elimination

19United Nations, International Covenant on Civil and Political Rights.

2.8 Convention on the Rights of the Child

26Convention on the Elimination of All Forms of Discrimination against Women, 18th

Ratification and Accession by General Assembly Resolution 44/25 of 20 November

The General Assembly of the United Nations on the basis

2.8.2 General Family and Child Welfare

2.8.3 Foster Placement

30Ibid., Articles 13 to 23.

2.10 National Charter for Children, 2003

31Declaration of the Rights of the Child, Principles 1 to 10.

32Resolution No 6-15/98C.W., dated 9.2.2004, Issued by Ministry of Human

2.10.1 Survival, Life and Liberty

2.10.2 Promoting High Standards of Health and Nutrition

2.10.3 Assuring Basic Minimum Needs and Security

2.10.4 Play and Leisure

40National Charter for Children, 2003, Sections 1 to 3.

The State shall in partnership with the community

2.10.6 Free and Compulsory Primary Education

43Ibid., Section 6 (a) to (c).

2.10.7 Protection from Economic Exploitation and All Forms of

The States shall provide protection to children from

44Ibid., Section 7 (a) to (g).

2.10.8 Protection of the Girl Child

2.10.9 Empowering Adolescents

45Ibid., Sections 8 to 10.

2.10.10 Strengthening Family

47Ibid., Sections 12 to 16.

2.10.11 Responsibilities of Both Parents

2.10.12 Protection of Children with Disabilities

2.10.13 Care, Protection, Welfare of Children of Marginalized and