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GE 8074 –
HUMAN RIGHTS
Department: ELECTRICAL AND ELECTRONICS ENGINEERING
Batch/Year : 2017 – 2021/IV year
Created by: Dr.N.S.Srivatchan/ Asso.Professor/EEE

R.M.D Engineering College.
Mrs.D.Nageswari./Asst.Professor –II/EEE
R.M.K. College of Engineering and Technology.
Ms. L.Annie Isabella/ Asst.Professor-II/EEE
R.M.K. Engineering College.
Table of Contents
Slide No
Course Objectives 6
Pre Requisites -
Syllabus 7
Course Outcomes 8
CO- PO/PSO Mapping 9
Lecture Plan 10
Activity Based Learning 11
Lecture Notes 12
Assignment 38
Part A Q & A 39
Part B Qs 44
Supportive online Certification courses 45
Real time Applications in day to day life
and to industry 46
Contents beyond the Syllabus 47
Assessment schedule 48
Prescribed Text Books & Reference Books 49
Mini Project Suggestions (If required) -

COURSE OBJECTIVES
To Sensitize the Engineering students to various aspects of Human

Rights.
To strengthen Engineering Students ability to contribute to the
resolution of human rights issues and problems.
SYLLABUS
GE8074 HUMAN RIGHTS LT P C
3003
UNIT I 9
Human Rights – Meaning, origin and Development. Notion and
classification of Rights – Natural, Moral and Legal Rights. Civil
and Political Rights, Economic, Social and Cultural Rights;
collective / Solidarity Rights.
UNIT II 9
Evolution of the concept of Human Rights Magana carta –
Geneva convention of 1864. Universal Declaration of Human
Rights, 1948. Theories of Human Rights.
UNIT III 9
Theories and perspectives of UN Laws – UN Agencies to
monitor and compliance.
UNIT IV 9
Human Rights in India – Constitutional Provisions /
Guarantees.
UNIT V 9
Human Rights of Disadvantaged People – Women, Children,
Displaced persons and Disability persons, including Aged and
HIV Infected People. Implementation of Human Rights –
National and State Human Rights Commission – Judiciary –
Role of NGO’s, Media, Educational Institutions, Social
Movements.
TOTAL : 45 PERIODS
COURSE OUTCOMES
Highest
Course Outcomes Cognitive
Level
To understand the origin and detailed classification

CO1 K2
about the human rights
To describe the evolutionary concepts and theories

CO2 K2
of human rights
To develop the critical thinking and understanding

CO3 of UN Laws and its agencies K3
To understand the constitutional Provisions &

CO4 K2
Guarantees of Human rights in India
To demonstrate the Human Rights Issues of

CO5 K3
disadvantaged people
To apply the implementation of Human rights

CO6 K3
commission, Judiciary and social movements
CO – PO/PSO MAPPING
Program
Level of Course Outcomes
Program Outcomes Specific

Course Outcomes
Outcomes
K3,
K3 K4 K5 K5 K5, A3 A2 A3 A3 A3 A3 A2
PSO-1
PSO-2
PSO-3
K6
PO-10
PO-11
PO-12
PO-1
PO-2
PO-3
PO-4
PO-5
PO-6
PO-7
PO-8
PO-9
CO1 K2 - - 1 - - 2 - - - - - - - - 2
CO2 K2 - - 1 - - 2 - - - - - - - - 2
CO3 K3 - - 2 - - 3 - - - - - - - - 3
CO4 K2 - - 1 - - 2 - - - - - - - - 2
CO5 K3 - - 2 - - 3 - - - - - - - - 3
CO6 K3 - - 2 - - 3 - - - - - - - - 3
LECTURE PLAN
UNIT – I
Highe
Mode
Propose Pertain st
S. Actual of
d Topic ing Cogni
No Lecture Deliv
Lecture CO(s) tive
ery
Level
1 Introduction to CO1 K2 PPT

Human Rights
2 Definition & CO1 K2 PPT

Meaning for
Human Rights
3 Origin and CO1 K2 PPT

Development of
Human Rights
4 Classification of CO1 K2 PPT

Rights – Natural
Rights
5 Moral & Legal CO1 K2 PPT

Rights
6 Civil & Political CO1 K2 PPT

Rights
7 Economic, Social CO1 K2 PPT

& Cultural Rights
8 Collective & CO1 K2 PPT

Solidarity Rights
9 Summary & Case CO1 K2 PPT

Study
ACITIVITY BASED LEARNING - I
HUMAN RIGHTS SQUARES

Introducing Duratio No of Short Preparation Materials
Human n Participant Description
Rights s
Participants Make copies Make sure
ask each of the sheet there is a
20-30 other “human rights copy of the
HR Squares 10-35
min questions squares” think sheet for
on human of answers to each
rights the squares. participant
ACTIVITY AIM:
 To show that human rights are all around us, and we all know something
about human rights
 To make the participants see and use each other as resources
 To make all participants meet each other and break the ice
HOW:
 Make a copy of the copy sheet for each participant
 Hand out the copy sheet.
 Using members of the group as sources of information, participants are
asked to find answers for as many squares as possible and then write them
in the squares.
 Each answer should come from a different person, who must then initial that
square.
 Try for a range of countries to be represented; think international! Stop
when time is called.
SUMMING UP AND REFLECTION

 Get feedback from participants on how they managed to fill out the sheet.
Ask people to put up their hands if they were able to fill in more than five
squares … ten …etc.,‟ until you have a top scorer.
 Go through the chart and share answers. Ask participants to mention the
ones they found particularly difficult and share ideas, (they may ask you for
ideas so make sure you have at least one idea for each square yourself).
SOME POINTS TO MAKE

 Human rights are all around us and affect our daily lives.
 We know more about human rights than we may think.
 There are lots of issues raised by human rights.
 Our assumptions about them may be questioned by someone else.
LECTURE NOTES
UNIT – I
1.1 Introduction to Human Rights

1.2 Definition for Human Rights
1.3 Meaning of Human Rights
1.4 Origin and Development of Human Rights
1.5 Classification of Rights
1.5.1 Natural Rights
1.5.2 Moral Rights
1.5.3 Legal Rights.
1.6 Civil and Political Rights
1.7 Economic, Social and Cultural Rights
1.8 Collective Rights
1.9 Solidarity Rights
1.10 Summary
1.11 Case Study
1.INTRODUCTION TO HUMAN RIGHTS
The world today, has accepted the notion that all human beings
are entitled to and are empowered for a dignified existence. It is a common
phenomenon that human beings everywhere, demand the realization of diverse
values to ensure their individual and collective well-being. However, these demands
or rights are denied through exploitation, oppression, persecution, etc, in many
countries of the world.
Figure 1.1 World War II
Human rights gained attention at the international level

following the Second World War, where millions of people lost their lives. Horrified
by the devastation of life caused by the Second World War, members of the United
Nations (UN) took a pledge to take measures for the achievement of universal
respect for and observance of human rights and fundamental freedoms for all.
Figure 1.2 Atomic Bombing (Hiroshima, Japan – WWII)
The term 'human rights' which is used since World War II,
gained importance in contemporary debates and became a universal phenomenon.
After the adoption of the Universal Declaration of Human Rights (UDHR) on
December 10, 1948 by the United Nations, it was seen by many as a sign of
optimism for the better protection, promotion and enforcement of human rights.
However, 50 years since the adoption of the Universal Declaration of Human Rights,
it has been reported that human rights abuses has not decreased.
Rights abuse includes Censorship, discrimination, political

imprisonment, torture, slavery, disappearances, genocide, extrajudicial killings,
arbitrary arrests and killings, poverty, etc. The rights of women and children are also
ignored in many different ways.
Figure 1.3 Indian Parliament in Session
In history, human beings are a species that evolved into

„civilized‟ creatures with language to communicate and to live in an organized
society. In political science, we get an idea of how people live in an organized
society and why we need rules to organize this society and make sure it functions
well. Some rights are so basic that they cannot be dispensed with.
Countries may be bound to recognize some rights if they have

agreed to do so by signing an international agreement called a treaty or a
convention. Human rights is not a static or fixed concept, it is constantly evolving or
changing. It is like a seed, which, once planted, grows slowly and steadily, putting
out roots, shoots, branches, leaves and fruits.
1.2 DEFINITION FOR HUMAN RIGHTS
Before understanding what human right is? There is need to

understand the meaning of what “Right” is?
A right is described as an entitlement or justified claim to a

certain kind of positive and negative treatment from others, to support
from others or non-interference from others.
Figure 1.4 Aspects of Rights
Right is something to which every individual in the

community is morally permitted Rights belong to individuals, and no
organization has any rights not directly derived from those of its members
as individuals.
HAROLD LASKI
(1893 – 1950)
Political Economist,
Professor,
London School of Economics, UK
Figure 1.5 Harold Laski
According to Laski, “Rights are those conditions of social life without which
no man can seek in general, to be himself at his best.”
T. H. GREEN
(1836-1882)
Philosopher / Reformer
UK
“Rights are powers necessary

for the fulfillment of man’s
vocation as moral being.”
KEY ASPECTS OF RIGHTS
 Rights of any organization whatever must yield to those of a single individual,

whether inside or outside the organization
 Rights are those important conditions of social life without which no person can
generally realize his best self.
 Rights belong to individuals, and no organization has any rights not directly
derived from those of its members as individuals.
 It is only when people get and enjoy rights that they can develop their
personalities and contributes their best services to the society.
Now there is clarity about what rights are and key aspects of
rights. There are various contemporary definitions of human rights. The UN defined
human rights as those rights which are inherent in our state of nature and
without which we cannot live as human beings.
Human rights belong to every person and do not depend on the

specifics of the individual or the relationship between the right-holder and the right
guarantor.
Human rights are the rights that everyone has equally by

virtue of their humanity. It is grounded in an appeal to our human nature.
Christian Bay defined human rights as “Any claims that ought

to have legal and moral protection to make sure that basic needs will be
met.”
Human rights can be defined as those “Minimum rights

which every individual must have against the state or other public
authority by virtue of his being a member of the human family.”
Shree P. P. Rao said “Human rights are the inherent dignity

and inalienable rights of all members of the human family recognizing
them as the foundation of freedom, justice and peace in the world.”
For D. D. Raphael, “Human rights in a general sense
denote the rights of humans. However, in a more specific sense, human
rights constitute those rights which one has precisely because of being a
human.”
In the words of Michael Freeden, “Human right is a

conceptual device, expressed in linguistic form that assigns priority to
certain human or social attributes regarded as essential to the adequate
functioning of a human being that is intended to serve as a protective
capsule for those attributes; and those appeals for a deliberate action to
ensure such a protection”
Scot Davidson defined, “Human rights as closely connected

with the protection of individuals from the exercise of state government or
authority in certain areas of their lives”. It is also directed towards the creation
of social conditions by the state in which individuals can develop their fullest
potential.
David Selby defined, “Human rights as those rights which

pertain to all persons and are possessed by every individual because they
are human.'"
In the words of Cranston, “Human rights are forms of moral

rights and they differ from other rights in being the rights of all human
beings at all times and in all situations.”
Susan MoUer Okin defined, “Human rights as a claim to

something of crucial importance for human life."
In the context of the present study, “Human rights can be

defined as those rights without which human beings cannot live with
dignity, freedom (political, economic, social and cultural) and justice in
any nation or state regardless of colour, place of birth, ethnicity, race,
religion or sex or any other such considerations.” These rights are inherent in
human nature and therefore guaranteed and protected by the state without
distinction of any sort. When such rights are denied to an individual, whether by the
state or non-state actors, it constitutes human rights violations. When large scale
violations of such rights occur, it constitutes human rights abuses.
Human rights abuses in this context could refer to large scale
violations committed repeatedly by state or non-state actors to any community or
group of people in their everyday lives. Further, human rights abuses occur when
arbitrary arrests, killings, torture, rape, repressive legislations, discrimination, etc.,
are carried out systematically against any community or sections of society by the
state or non-state actors with the objective of suppressing a particular group's
aspiration or demand for equal standard of living vis-a-vis other groups in that
country.
There is strong responsibility on the state to protect and
promote human rights. It is also the duty of the state to create conditions for
peaceful existence which enable human rights to be enjoyed by every individual in
that state.
A Simple Definition for everyone to Understand Human Right:

“Human rights are certain rights that are vested in every person
by virtue of his/her being a human being.”
FEATURES OF HUMAN RIGHTS
 Rights exist only in society. These are the products of social living.
 Rights are claims of the individuals for their development in society.
 Rights are recognized by the society as common claims of all the people.
 Rights are rational and moral claims that the people make on their society.
 Since rights are here only in society, these cannot be exercised against the
society.
 Rights are to be exercised by the people for their development which really
means their development in society by the promotion of social good. Rights can
never be exercised against social good.
 Rights are equally available to all the people.
 The contents of rights keep on changing with the passage of time.
 Rights are not absolute. These always bear limitations deemed essential for
maintaining public health, security, order and morality.
 Rights are inseparably related with duties. There is a close relationship between
them “No Duties No Rights. No Rights No Duties.” “If I have rights it is my duty to
respect the rights of others in society”.
 Rights need enforcement and only then these can be really used by the people.
These are protected and enforced by the laws of the state. It is the duty of a state
to protect the rights of the people.
1.3 MEANING OF HUMAN RIGHTS
Human rights are standards that allow all people to live

with dignity, freedom, equality, justice, and peace. Every person has these rights
simply because they are human beings. They are guaranteed to everyone without
distinction of any kind, such as race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth, or other status. Human rights are
essential to the full development of individuals and communities.
Characteristics Of Human Rights

1.4 ORIGIN AND DEVELOPMENT OF
HUMAN RIGHTS.
The development of the concept of human rights, which

happened over a long period of time, is probably one of the most fascinating parts
of history. Here‟s a bird‟s eye view of the main events in the history of human rights:
In 539B.C., the armies of Cyrus the Great, the first king of

ancient Persia, conquered the city of Babylon. But it was his next actions that
marked a major advance for Man. He freed the slaves, declared that all people
had the right to choose their own religion, and established racial equality.
These and other decrees were recorded on a baked-clay cylinder in the
Akkadian language with cuneiform script.
King Cyrus Baked Clay Cylinder recordings
Figure 1.5 King Cyrus Figure 1.6 Clay Cylinder

In 1215, after King John of England violated a number of
ancient laws and customs by which England had been governed, his subjects
forced him to sign the Magna Carta, which enumerates what later came to be
thought of as human rights.
Among them was the right of the church to be free from
governmental interference, the rights of all free citizens to own and inherit
property and to be protected from excessive taxes.
It established the right of widows who owned property to

choose not to remarry, and established principles of due process and equality
before the law. It also contained provisions forbidding bribery and official
misconduct.
Figure 1.5 King John Signing the Magna Carta
Figure 1.7 King John Signing the Magna Carta

The Magna Carta put forward the idea that no one was above
the law. But by no means were all people considered equal.
The American Declaration of Independence was important as a
group of people decided to take their destiny into their own hands. Yet, there was
slavery and women held an inferior position
Figure 1.8 Declaration of Independence of USA

The World Wars saw human rights violations on an
unprecedented scale. Hard lessons were learnt, including the basic worth of human
life and the dignity of every human being. The United Nations (UN) was formed in
the aftermath of the World Wars when world governance and ordering were seen as
desirable. One of the first tasks of the UN was to prepare the groundwork for human
rights.
The Universal Declaration on Human Rights (UDHR) was drafted
soon after the UN came into being on 10th December 1948. It is a broad declaration
of the ideals to which the world aspires. The Declaration was not binding in nature
as it was not a treaty, just a statement.
Figure 1.9. Eleanor Roosevelt (Instrumental for UDHR)

However, it carries great moral and political force even today.
Besides the UDHR, the International Convention on Civil and Political Rights, 1966,
and the International Covenant on Economic, Social and Cultural Rights (ICESCR),
1966, are also significant in the history of international human rights.
The rights enumerated in the UDHR were written in the form of
two documents, which were in the nature of treaties. We will be referring to these
two treaties and the UDHR often in this book. In India, two important developments
were Indian Independence and the drafting of the Constitution of India. Since the
Constitution was drafted at the time that all this excitement was taking place in the
international arena, the drafting process was heavily influenced by human rights.
This is evidenced in our Constitution, especially in the chapters
dealing with Fundamental Rights and the Directive Principles of State Policy. A free
India did not mean that the struggle was over. There were many groups that did not
receive the benefits of freedom. Many of these groups have struggled in loneliness
and in solidarity till they realized new rights and the fulfillment of human dignity.
This book is a narration of some of these struggles and of what has been achieved.
1.5 CLASSIFICATION OF RIGHTS
One classification used is the division between „classic‟ and

„social‟ rights. „Classic‟ rights are often seen to require the non-intervention of the
state (negative obligation), and „social rights‟ as requiring active intervention on the
part of the state (positive obligations). In other words, classic rights entail an
obligation for the state to refrain from certain actions, while social rights oblige it to
provide certain guarantees. Lawyers often describe classic rights in terms of a duty
to achieve a given result („obligation of result‟) and social rights in terms of a duty to
provide the means („obligations of conduct‟).
The evolution of international law, however, has lead to this

distinction between „classic‟ and „social‟ rights becoming increasingly awkward.
Classic rights such as civil and political rights often require considerable investment
by the state. The state does not merely have the obligation to respect these rights,
but must also guarantee that people can effectively enjoy them. Hence, the right to
a fair trial, for instance, requires well-trained judges, prosecutors, lawyers and police
officers, as well as administrative support. Another example is the organization of
elections, which also entails high costs.
On the other hand, most „social‟ rights contain elements that
require the state to abstain from interfering with the individual‟s exercise of the
right. As several commentators note, the right to food includes the right for
everyone to procure their own food supply without interference. The right to
housing implies the right not to be a victim of forced eviction. The right to work
encompasses the individual‟s right to choose his/her own work and also requires the
state not to hinder a person from working and to abstain from measures that would
increase unemployment
The right to education implies the freedom to establish and
direct educational establishments; and the right to the highest attainable standard of
health implies the obligation not to interfere with the provision of health care. In
sum, the differentiation of „classic‟ rights from „social‟ rights does not reflect the
nature of the obligations under each set of rights.
1.5.1 NATURAL RIGHTS
Many researchers have faith in natural rights. They stated that

people inherit several rights from nature. Before they came to live in society and
state, they used to live in a state of nature. In it, they appreciated certain natural
rights, like the right to life, right to liberty and right to property.
“Natural rights are parts of human nature and reason”
John Locke
(1632-1704)
Most Influential Philosopher)
Figure 1.10 John Locke

John Locke wrote a theory of human rights based on natural
law. John Locke like the Stoics argued that all people have reason, he further added
that human being's reason should tell them that they should not harm others
because all human beings were created by the same divine force, and therefore
shared certain rights.
1.5.2 MORAL RIGHTS
Moral Rights are based on human consciousness. They are

supported by moral force of human mind. These are based on human sense of
goodness and justice. These are not assisted by the force of law. Sense of goodness
and public opinion are the sanctions behind moral rights. If any person disrupts any
moral right, no legal action can be taken against him. The state does not enforce
these rights. Its courts do not recognize these rights.
Moral Rights include rules of good conduct, courtesy and of

moral behavior. These stand for moral perfection of the people. Sense of goodness
and public opinion are the sanctions behind moral rights. Moral rights are rights of
creators of copyrighted works generally recognized in civil law jurisdictions and, to a
lesser extent, in some common law jurisdictions. Moral rights apply only to literary,
dramatic, musical and artistic works, and also to films. The most important
exceptions to be aware of are computer programs and employees. In most
situations employees do not enjoy moral rights.
The moral rights include the right of attribution, the right to have a work
published anonymously or pseudonymously, and the right to the integrity of the
work. The preserving of the integrity of the work allows the author to object to
alteration, distortion, or mutilation of the work that is "prejudicial to the author's
honor or reputation". Anything else that may detract from the artist's relationship
with the work even after it leaves the artist's possession or ownership may bring
these moral rights into play. Moral rights are distinct from any economic rights
tied to copyrights. Even if an artist has assigned his or her copyright rights to a
work to a third party, he or she still maintains the moral rights to the work.
Moral rights were first acknowledged in France and Germany, before they
were included in the Berne Convention for the Protection of Literary and Artistic
Works in 1928. In India, moral rights are recognized under section 57 of India
copyright act. Section 57 of India Copyright act refers to Author's Special rights.
It states:
1. Independently of author's copyright, and even after the assignment either wholly
or partially of the said copyright, the author of the work shall have the right to
claim authorship of the work as well as the right to restrain, or claim damages in
respect of (a) any distortion, mutilation or other modification of the said work;
or
(b) any other action in relation to the said work which would be prejudicial to
his honor or reputation.
2. The right conferred upon an author of a work by sub section (1), other than the
right to claim authorship of the work, may be exercised by the legal
representatives of the author.
1.5.3 LEGAL RIGHTS
Different people currently see human rights in different ways.

For some, invoking human rights is a heartfelt, morally justified demand to rectify all
sorts of injustice; for others, it is no more than a slogan to be treated with suspicion,
or even hostility. Lawyers sometimes consider that human rights represent almost a
term of art, representing only those claims that have been or can be upheld as legal
rights by a national or international court. Yet the application of human rights law in
court is almost always contested, with both parties to a dispute demanding that
human rights law be applied in their favor.
In the 19th century, natural rights, or the “rights of man”,

became less relevant to political change, and thinkers such as Jeremy Bentham
ridiculed the idea that „All men are born free‟ as „Absurd and miserable nonsense‟.
Bentham famously dismissed natural and imprescriptibly rights as „nonsense upon
stilts‟, declaring that wanting something is not the same as having it. In Bentham‟s
terms, “Hunger is not bread”. For Bentham, real rights were legal rights, and it was
the role of law makers, and not natural rights advocates, to generate rights and
determine their limits. Bentham considered that one was asking for trouble, inviting
anarchy even, to suggest that government was constrained by natural rights.
The contemporary scholar Amartya Sen has recalled Bentham‟s

influence, and highlighted a „legitimacy critique‟ hereby some see human rights as
“pre-legal moral claims” that can hardly be seen as giving justifiable rights in courts
and other institutions of enforcement. He cautions against confusing human rights
with, "legislated legal rights”. He also points to a further reaction to human rights
discourse. it has been claimed by some that human rights are alien to some cultures
which may prefer to prioritize other principles, such as respect for authority.
Hence legal rights are those rights which are accepted and
enforced by the state. Any defilement of any legal right is punished by law. Law
courts of the state enforce legal rights. These rights can be enforced against
individuals and also against the government. In this way, legal rights are different
from moral rights. Legal rights are equally available to all the citizens. All citizens
follow legal rights without any discrimination. They can go to the courts for getting
their legal rights enforced.
1.6 CIVIL AND POLITICAL RIGHTS
Civil Rights:
Civil rights are those rights which provide opportunity to each person to
lead a civilized social life. These fulfil basic needs of human life in society. The term
„civil rights‟ is often used with reference to the rights set out in the first eighteen
articles of the UDHR, almost all of which are also set out as binding treaty norms.
Set of „physical integrity rights‟ has been identified, which concern the
right to life, liberty and security of the person, and which offer protection from
physical violence against the person, torture and inhuman treatment, arbitrary
arrest, detention, exile, slavery and servitude, interference with one‟s privacy and
right of ownership, restriction of one‟s freedom of movement, and the freedom of
thought, conscience and religion.
The difference between „basic rights‟ and „physical integrity rights‟ lies in
the fact that the former include economic and social rights, but do not include rights
such as protection of privacy and ownership.
Features of Civil Rights:
Right to life, liberty and equality are civil rights.

Civil rights are protected by the state.
Political Rights
A political right is one which enables the inhabitant get a share in the political
process.
Figure 1.11 Political Rights

In general, political rights are those set out in Articles 19 to 21 UDHR and
also codified in the ICCPR. They include freedom of expression, freedom of
association and assembly, the right to take part in the government of one‟s country
and the right to vote and stand for election at genuine periodic elections held by
secret ballot (see Articles 18, 19, 21, 22 and 25 ICCPR).
Features of Political Rights:

These rights include right to vote, right to get elected, right to hold public office and
right to criticize and oppose the government.
Political rights are really available to the people in a democratic state.
1.7 ECONOMIC AND SOCIAL RIGHTS
Economic rights are those rights which provide economic security to the
people. These empower all citizens to make proper use of their civil and political
rights. The basic needs of every person are related to his food, clothing, shelter,
and medical treatment. Without the fulfillment of these no person can really enjoy
his civil and political rights.
Figure 1.12 Economic Rights

Features of Economic Rights :
Right to work
Right to adequate wages
Right to leisure and rest
Right to social security in case of illness,
Right to get the benefit for physical disability and old age.
The economic and social rights are listed in Articles 22 to 26 UDHR, and
further developed and set out as binding treaty norms in the ICESCR. These rights
provide the conditions necessary for prosperity and wellbeing. Economic rights refer,
for example, to the right to property, the right to work, which one freely chooses or
accepts, the right to a fair wage, a reasonable limitation of working hours, and trade
union rights. Social rights are those rights necessary for an adequate standard of
living, including rights to health; shelter, food, social care, and the right to education
(see Articles 6 to 14 ICESCR).
CULTURAL RIGHTS
Cultural Rights are rights related to art and culture, both understood in a
large sense. The objective of these rights is to guarantee that people and
communities have an access to culture and can participate in the culture of their
selection.
Figure 1.13 Jallikattu Festival Celebrated in

Tamilnadu.
Cultural rights are human rights that aim at assuring the enjoyment of
culture and its components in conditions of equality, human dignity and non-
discrimination. They are rights related to themes such as language; cultural and
artistic production; participation in cultural life; cultural heritage; intellectual
property rights; author‟s rights; minorities and access to culture, among others.
Figure 1.14Lohri Festival in Punjab
Figure 1.11 Tribal Festival in Arunachal

Features of Cultural Rights
These rights are an important part of social harmony and are closely connected to
the rights to education and freedom of thought, conscience and religion.
Cultural rights cannot, however, be used as a justification for practices that
discriminate against specific groups or violate other human rights.
The UDHR lists cultural rights in Articles 27 and 28: the right to participate
freely in the cultural life of the community, the right to share in scientific
advancement and the right to the protection of the moral and material interests
resulting from any scientific, literary or artistic production. According to this view,
civil and political rights are considered to be expressed in very precise language,
imposing merely negative obligations which do not require resources for their
implementation, and which therefore can be applied immediately.
On the other hand, economic, social and cultural rights are considered to
be expressed in vague terms, imposing only positive obligations conditional on the
existence of resources and therefore involving a progressive realisation. As a
consequence of these alleged differences, it has been argued that civil and political
rights are justifiable whereas economic, social and cultural rights are not.
1.8 COLLECTIVE RIGHTS
The concepts of individual rights and collective rights have a similar

history and a similar general theoretical rationale. Individuals and collectivities have
been oppressed throughout history and in the modern period protection has been
sought in the form of institutionalized rights. Collective rights as such are not
controversial: associations and corporations clearly can have moral and legal rights
and duties. However, some human-rights theorists have insisted that only individuals
can have human rights. Others have argued for collective human rights. To analyze
this disagreement, we need to consider the nature and justification of human rights.
According to V.Van Dyke only individual rights are not universally relevant
to contemporary political problems. Many societies are characterized by radical
cultural heterogeneity and can function only on the basis of collective rights. States
have collective rights. Sub-state collectivities may rightly become states and they do
not acquire moral rights only when they become states. Liberal theory accords
collective rights to nation-states but not to nations without states. However nation-
states have rights because they protect interests. Collectivities within nation-states
have rights for the same reason.
Equally, collective rights may be necessary to protect individual rights. The
individualistic, egalitarian form of democracy in ethnically plural societies may lead to
the violation of the human rights of members of minority collectivities.” The targets
of many of the worst human rights violations since 1945 have been ethnic groups.
These violations are often conceived by the perpetrators and perceived by the
victims in collective terms. Victim-groups often plausibly believe that such collective
problems require collective solutions. Since the problem consists of attacks on
groups, the solution requires the defense of groups.
The interests of collectivities may justify special representation in
government, even though this violates the principle of individual equality of
citizenship. The constitutions of many ethnically divided societies provide for
proportional ethnic representation. These are designed to protect the individual
human rights of members of minority groups, to protect collective interests of such
groups, and to maintain peace. Similar collective rights are recognized where
constitutions provide for political devolution to sub-state regions in which national
minorities are regional majority. Van Dyke argues that liberal democracies in fact
recognize collective rights and they are right to do so because collective rights may
be necessary to protect individual rights and collective interests and to maintain
peace among groups.
1.9 SOLIDARITY RIGHTS
Karal Vasak believed that the new rights he advocated were needed to
overcome a danger in the traditional theory of human rights, a deficiency reflected
in the first and second generations of human rights. It is not merely that human
rights had previously been defined as rights of each and every individual human
being they had presupposed an excessive individualism, even an egoism that
assumed a radical opposition between the individual and society. Thus, first-
generation rights were designed to protect the individual from mistreatment by the
state, and second generation rights were intended to enable the individual to
demand that the state create and maintain governmental programs to benefit
himself.
However, this neglects the fact that the individual cannot thrive without
participation in the life of the community and that any life worthy of human beings
requires fraternity as well as liberty and equality. These new human rights are
necessary in order to overcome the solitary autonomy of competing individuals and
achieve a social solidarity that will enable individuals to develop their full human
potentiality through cooperative participation in the social life of the various
communities to which they belong. Moreover, these new human rights are needed
now more than ever before to respond to the rapidly emerging global
interdependence.
The problems confronting any contemporary society can no longer be met
by even the most resolute action of any single state. Maintaining peace, protecting
the environment, and encouraging a sustained and equitable development of all
economies require cooperative action on the national and, especially, the
international level. As a consequence, individual states acting alone can no longer
satisfy the obligations imposed by even the first and second generations of human
rights. Hence, a third generation of human rights is required to achieve a
coordinated response on a worldwide scale to those threats to human rights arising
from the global interdependence of all peoples and nations.
First-generation rights were designed to protect the individual from
mistreatment by the state, and second generation rights were intended to enable
the individual to demand that the state create and maintain governmental programs
to benefit himself. However, this neglects the fact that the individual cannot thrive
without participation in the life of the community and that any life worthy of human
beings requires fraternity as well as liberty and equality. These new human rights
are necessary in order to overcome the solitary autonomy of competing individuals
and achieve a social solidarity that will enable individuals to develop their full human
potentiality through cooperative participation in the social life of the various
communities to which they belong Moreover, these new human rights are needed
now more than ever before to respond to the rapidly emerging global
interdependence.
Even if it is possible in principle to add rights of peoples to human rights
law, this might be a useless fiction because it is states that hold the power in
international affairs. This is the reality of international politics. It is states that create
and implement international law. It is the great powers that dominate the Security
Council and any other international organizations with any real power. No party can
be brought before any international court and no decision of that court can be
enforced without the cooperation of states, either those upon whom the decision
imposes obligations or more powerful states who are prepared to intervene and put
pressure upon those states. Because each state values its own sovereignty and that
of its allies so highly, the human right to self-determination has been generally
ineffective in international law. There have been a very few occasions when a people
has been enabled to conduct a plebiscite to determine its political future.
Third generation of human rights have pointed are very real and
increasingly urgent. Therefore, the realization and securing of first- and second-
generation rights of individual human beings requires the introduction of greater
solidarity into international law. This certainly includes the recognition of some joint
obligations of all states and some broadening of duty bearers beyond states. As
states come to recognize more fully their global interdependence, they may come to
act so that the emergence of a few group rights of peoples would also advance the
cause of human rights.
1.10 SUMMARY
 A right is described as an entitlement or justified claim to a

certain kind of positive and negative treatment from others, to support
from others or non-interference from others.
 Human rights are certain rights that are vested in every person
by virtue of his/her being a human being.
 Human rights started with Cyrus the great in 539 B.C, followed
by 1215 Signing of Magna Carta by King John, and the subsequent
Declaration of Independence in the United States on 4th July 1776.
 The Universal Declaration on Human Rights (UDHR) was

drafted soon after the UN came into being on 10th December 1948.
 Rights are classified into Natural, Moral and Legal Rights.

Natural rights are natural expression such as right to life, liberty and
property.
 Moral Rights are basically rules of good conduct, courtesy and

of moral behaviour, and not within the legal frame work.
 Legal rights are those which are accepted and enforced by the
state. These rights can be enforced against individuals and also against
the government.
 Legal Rights are further divided into Civil, Political, Economic

and Cultural Rights.
 Civil rights are those rights which provide legal support (State
support) to each person to lead a civilized social life, such as right to
life, liberty & property.
 A political right is one which enables the inhabitant get a share

in the political process.
 Economic rights provide access to basic needs such as food,

clothing, shelter, and medical treatment.
 Cultural rights provide support to practice language, cultural

and artistic production, participation in cultural life and cultural heritage
1.11 CASE STUDY
From Jallikattu to cock fighting, animal rights activists of India have been
fierce in every way. Veganism is a new lifestyle which is gaining popularity in many
states. Thousands of chickens, goats, and cows get slaughtered mercilessly in
slaughter houses for the non-vegetarian lovers and here is where the Animal
Welfare come into picture, Animal welfare is the concern about whether animals are
well treated and not harmed for any reason. In addition, it means that animals can
be slaughtered if that harm falls under „necessary.‟ It means that unless it is a
necessity, it is justified. PETA while acting for ban of bull fighting across the world, it
has also raised their voice against beef ban and ban all kinds of slaughter houses.
The question which comes here is that whether customs are greater than
animal’s right to live in India?
ASSIGNMENT – UNIT - I
1) Explore this American life and consider the right to education and
human rights education.
2) What are the various origins of human rights?
3) Elaborate in detail various aspects of human rights education
4) Explore the Universal Declaration human rights.

UNIT I - PART A
1) Why HR for Engineers? [CO1, K1]
Ans: Engineers have a tradition of contributing in practical and meaningful ways to

development, but seldom within the explicit framework of human rights. This subject
will explore, what it means to adopt a human rights-based approach to engineering
the roles and responsibilities of engineers when designing and implementing
projects, the opportunities to contribute to human rights through research and
teaching.
2) What is Human Rights? [CO1, K1]
Ans: The basic rights and freedoms to which all human beings are entitled, often
held to include the right to life and liberty, freedom of thought and expression, and
equality before the law.
3) What is the world‟s first charter of Human rights? [CO1, K1]
Ans: 539 B.C: The CYRUS CYLINDER is recognized by many as the world‟s first
charter of human rights, this clay tablet contains proclamations of freedom and
equality made by Cyrus the Great, the first king of ancient Persia.
4) What is Magna Carta? [CO1, K1]
Ans: The Magna Carta a latin word called as Great Charter, of 1215 is the most
significant constitutiona document of all human history. The main theme of it was
protection against the arbitrary acts by the king.
5) What is the Petition Of Right? [CO1, K1]
Ans: The petition of Right was declared on 1628. It is a statement of civil liberties
sent by the English Parliament to Charles I. Refusal by parliament to finance the
king‟s unpopular foreign policy had caused his government to exact loans and to
quarter troops in subjects houses as an economy measure.
6) Write the four principles of The petition of Right. [CO1, K1]
Ans: 1) No taxation without the consent of Parliament

2) No imprisonment without cause
3) No quartering of soldiers on subjects
4) No martial law in peacetime
7) Discuss the English Bill of Rights. [CO1, K2]
Ans: The next source and avenue of the development of the philosophy of human
rights is the English Bill of Rights, enacted on December 16, 1689, by the British
Parliament. The British Parliament declared its supremacy over the crown in clear
terms. The English Bill of Rights declared that the king has no overriding authority.
The Bill of Rights codified the customary laws, and clarified the rights and liberties of
the citizens
UNIT I - PART A
8) Summarize the United States Declaration of Independence. [CO1, K2]
Ans: The Declaration of Independence was done on 1776. By issuing the Declaration
of Independence, adopted by the Continental Congress on July 4, 1776, the 13
American colonies served their political connections to Great Britain. The Declaration
summarized the colonists‟ motivations for seeking independence. These rights, as
spelled out in the Declaration of Independence are life, liberty, and the pursuit of
happiness.
9) When the Constitution of the United States of America declared. [CO1, K1]
Ans: In 1787, the Constitution of the United States of America formed the
fundamental laws of the US federal system of government and defining the basic
rights of citizens.
10) When and where the Declaration of the Rights of Man and of the Citizen
happened? [CO1, K1]
Ans: In 1789, The Declaration of the Rights of Man and of the Citizen was declared
in France, establishing that all citizens are equal in the eyes of the law.
11) Show the Declaration of the Rights of Man And of the Citizen. [CO1, K2]
Ans: The Declaration of the Rights of Man and of the Citizen (French: La Declaration
des droits de l‟Homme et du citoyen) is one of the most important papers of the
French Revolution. This paper explains a list of rights, such as freedom of religion,
freedom of speech, freedom of assembly, separation of powers.
12) When did the US Bill of Rights declared and where? [CO1, K1]
Ans: Bill of Rights, in the United States, the first 10 amendments to the U.S>
Constitution which were adopted as a single unit of December 15, 1971. It
constitute a collection of mutually reinforcing guarantees of individual rights and of
limitations on federal and state governments.
13) Classify the Human Rights Characteristics. [CO1, K2]
Ans: 1) Universal – Human rights belong to all people

2) Inalienable – Human rights cannot be taken away
3) Interconnected – Human rights are dependent on one another
4) Indivisible – Human rights cannot be treated in isolation
Non-Discriminatory – Human rights should be respected without prejudice.
14) Compare between Fundamental Rights and Human Rights. [CO1, K2]
Ans: Fundamental rights include only those rights which are basic to a normal life.
As against, the human rights are based on the right of life with dignity. Fundamental
rights are guaranteed under the constitution of the country, whereas the human
rights are recognised at international level
UNIT I - PART A
15) What are fundamental Rights of India? [CO1, K1]
Ans: 1) Right to equality – Article 14-18

2) Right to freedom – Article 19-22
3) Right against exploitation – Article 23-24
4) Right to freedom of religion – Article 25-28
5) Cultural & educational rights – Article 29-30
6) Right to constitutional Remedies – Article 32-35
16) Define Right to Equality. [CO1, K1]
Ans: Prohibition of discrimination on grounds of religion, race, caste, gender or place

of birth.
17) Define Right to Freedom. [CO1, K1]
Ans: Freedom of speech and expression, assemble, association or union or

cooperatives, movement, residence, and right to practice any profession or
occupation.
18) What is Right against Exploitation? [CO1, K1]
Ans: Prohibits all forms of forced labour, child labour and traffic of human beings.
19) What is Right to Freedom of Religion? [CO1, K1]
Ans: Freedom of conscience and free profession, practice, and propagation of

religion, freedom to manage religious affairs.
20) Mention Cultural and Educational Rights. [CO1, K1]
Ans: Right of any section of citizens to conserve their culture, language or script,
and right of minorities to establish and administer educational institutions of their
choice.
21) What is Right Constitutional Remedies? [CO1, K1]
Ans: It provides a mechanism for enforcement of Fundamental Rights.
22) Illustrate the Notion of Rights. [CO1, K2]
Ans: Notion of Rights is called as “A Conception of or belief about something”.

Historically, many notions of rights were authoritarian and hierarchical, with different
people granted different rights, and some having more rights than others.
UNIT I - PART A
23) Mention some additional definitions of Human Rights. [CO1, K1]
Ans: Laski defined as “Those conditions of social life without which he cannot seek,
in general, to be himself at his best and every state is known by the right if
maintains”.
Dr. Beniprasad defined as “rights are nothing more an nothing less than those social
condition which are necessary or favourable to the development of personality”‟
T.H.Green defined as “right is a power claimed and recognized as contributory to
common good”.
24) Classify the Types of Rights. [CO1, K2]

Ans: 1) Natural Rights 2) Moral Rights 3) Legal Rights 4) Civil Rights 5) Political
Rights 6) Economic Rights 7) Social Rights 8) Cultural Rights 9) Collective/Solidarity
Rights.
25) Interpret about Natural Rights. [CO1, K2]

Ans: Natural Rights are these rights which are “natural” in the sense not artificial,
not man-made, as rights deriving from human nature, or from the God. They are
Universe. They apply to all people and do not derive from the laws of any specific
society. They are regarded as self-evident truths.
26) What are the two treatises on Government? [CO1, K1]

Ans: John Locke was an Englishman who similarly produced works about the
purpose and structure on government. Lock argues in his Two Treatises on
Government that the sole purpose of government is to protect the natural rights of
citizens. According to Locke, people are endowed with three natural rights. These
rights are life, liberty, and property/Happiness.
27) Define Legal Rights. [CO1, K1]

Ans: Holland defined as “Legal Right is the capacity residing in one man of
controlling, with the assent and assistance of the state, actions of other”.
Salmond defined as “A right is an interest recognised and protected by a rule of
right. It is an interest, respect for which is a duty and disregard of which is a
wrong”.
28) Classify the different rights in Civil Rights. [CO1, K2]

Right to life, Right to persona liberty/freedom, Right to security, Right to privacy,
Right to home, Right to own property, Right to freedom from torture, Right to
freedom from inhuman treatment.
29) Classify the different rights in Political Rights. [CO1, K2]

Ans: Right to thought, Right to religion, Right to freedom of movement, Right to
participate in the Government, Right to vote, Right to be elected in election, Right to
take part in the conduct of public office, Right to choose public representative, Right
to equal consideration before the law, Right to peaceful assembly and association.
30) Define Economic Rights. [CO1, K1]

Ans: Economic rights are the right to work, the right to adequate wages and right to
reasonable hours of work. These economic conditions are very essential for the
economic and political progress of man.
UNIT I - PART A
31) Explain the Cultural Rights. [CO1, K2]
Ans: The UNESCO Declaration on Cultural Diversity affirmed that culture should be
regarded as: “the set of distinctive spiritual, material, intellectual and emotional
features of society or a social group, and that it encompasses, in addition to art and
literatures, lifestyles, ways of living together, value systems, traditions and beliefs.”
32) What is CESCR and write its features. [CO1, K1]
Ans: In its General Comment 21, the UN Committee on Economic, Social and
Cultural Rights (CESCR) provided detailed guidance to States regarding their
obligations to respect, protect and fulfil the right to participate in cultural life. The
Committee also noted that the right includes the following five interrelated and
essential features:
Availability
Accessibility
Acceptability
Adaptability
Appropriateness
UNIT I - PART B
1. Illustrate the two treaties on Government on Natural Rights. [CO1, K2]

2. Classify the Civil Rights and Summarize the features of Civil Rights. [CO1, K2]
3. Classify the Political Rights and Summarize the features of Political Rights. [CO1,
K2]
4. Explain in detail about Social Rights in the Constitutions. [CO1, K2]
5. What is CESCR? Summarize the essential features of CESCR. [CO1, K2]
6. Explain in detail about the Collective/Solidarity Rights. [CO1, K2]
SUPPORTIVE ONLINE CERTIFICATION COURSES
UNIT - 1
 SWAYAM: Human Rights and Humanitarian Law
By Dr. N. Pramod Singh | L.M.S Law College, Imphal Manipur
https://swayam.gov.in/nd2_cec20_ge26/preview
 UDEMY: INRODUCTION TO HUMAN RIGHTS
By Jose Zalaquett, Lawyer, Human Rights Professor
https://www.udemy.com/course/introduction-to-human-rights/
 COURSE ERA: Magna Carta and its Legacies: Freedom and

protest
By Dr. Emmett Sullivan, Senior Tutor, History Department, Royal

Holloway, University of London
https://www.coursera.org/learn/magna-carta
Real time Applications in day to day life and
to industry – UNIT - I
Website : http://www.ipindia.nic.in/
Protection of IPR
The Intellectual property rights are protected by certain measures like
patents, trademarks, industrial designs, copyrights, etc.
Patents
A Patent is an exclusive right granted for an invention. It provides the
patent owners with protection generally for a period of 20years. With the patent
rights one can access any material reward for their marketable innovations.
Trademarks
Trademark provides certain distinctive marks or signs that identifies
certain goods or services produced or provided by an individual or a company.
These trademarks ensure the belongingness of products to the authorized
owners. The owners can authorize other persons in return for some payment. The
protection offered through the trademarks is limited for a period, but can be
renewed indefinitely upon payment of the corresponding fee.
Industrial Designs
The ownership of an industrial design protects it from any duplication.
Industrial designs are what make an article attractive and appealing and add
commercial value to the product. This further increases marketability. Duplication
will definitely mislead consumers and might also lead to the defamation of the
original product.
CONTENT BEYOND SYLLABUS – UNIT - I
1) Human Rights in Indian Context

2) Human Rights with respect to Social Media
ASSESSMENT SCHEDULE
ASSESSMENT DATES
FIRST INTERNAL ASSESSMENT 01.08.2020 to 07.08.2020
SECOND INTERNAL
ASSESSMENT
MODEL EXAMINATION
PRESCRIBED TEXTBOOKS & REFERENCE BOOKS
Kapoor S.K., Human Rights under International law and Indian Laws,
Central Law Agency, Allahabad, 2014.
Chandra U., Human Rights, Allahabad Law Agency, Allahabad, 2014.
Upendra Baxi, The Future of Human Rights, Oxford University Press,
New Delhi.
Carl Wellman, Solidarity, the Individual and Human Rights, Willey
Publications.
ONLINE RESOURCES
https://cyber.harvard.edu/property/library/moralprimer.html
http://www.humanrights.is/en/human-rights-education-project/human-rights-
concepts-ideas-and-fora/part-i-the-concept-of-human-rights/definitions-and-
classifications
https://www.amnesty.org/en/latest/campaigns/2019/01/chapter-5-case-studies/
https://journal.rostrumlegal.com/jallikattu-a-celebrated-culture-or-animal-abuse/
https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1467-9248.1995.tb01734.x
https://www.civilserviceindia.com/subject/Political-Science/notes/rights-meaning-
and-theories.html
https://unesdoc.unesco.org/ark:/48223/pf0000185034
https://www.slideshare.net/sadishp/theories-of-human-rights-full-paper
https://www.slideshare.net/Halligan/the-origin-of-the-universal-declaration-of-
human-rights
https://www.slideshare.net/unitednations/the-universal-declaration-of-human-
rights-as-seen-by-elyx
Thank you
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This document is confidential and intended solely for the educational purpose of RMK
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GE 8074 –
HUMAN RIGHTS
Batch/Year : 2017 – 2021/IV year
Created by: Dr.N.S.Srivatchan/Asso.Professor/EEE

R.M.D Engineering College
Mrs.D.Nageswari/Asst.Professor –II/EEE
R.M.K. College of Engineering and Technology
Ms. L.Annie Isabella/Asst.Professor-II/EEE
R.M.K. Engineering College
Table of Contents
Slide No
Course Objectives 6
Pre Requisites -
Syllabus 7
Course Outcomes 8
Lecture Plan 10
Lecture Notes 12
Assignments 40
Part A Q & A 41
Part B Qs 44
and to industry 46

COURSE OBJECTIVES

Rights.
SYLLABUS
3003
UNIT I 9
UNIT II 9
UNIT III 9
UNIT IV 9
Guarantees.
UNIT V 9
Movements.
TOTAL : 45 PERIODS
COURSE OUTCOMES
Highest
Level

CO1 K2

CO2 K2
of human rights


CO4 K2

CO5 K3

CO6 K3
Program

Course Outcomes
Outcomes
K3,
K3 K4 K5 K5 K5, A3 A2 A3 A3 A3 A3 A2
PSO-1
PSO-2
PSO-3
K6
PO-10
PO-11
PO-12
PO-1
PO-2
PO-3
PO-4
PO-5
PO-6
PO-7
PO-8
PO-9
CO1 K2 - - 1 - - 2 - - - - - - - - 2
CO2 K2 - - 1 - - 2 - - - - - - - - 2
CO3 K3 - - 2 - - 3 - - - - - - - - 3
CO4 K2 - - 1 - - 2 - - - - - - - - 2
CO5 K3 - - 2 - - 3 - - - - - - - - 3
CO6 K3 - - 2 - - 3 - - - - - - - - 3
LECTURE PLAN
UNIT – II
Highe
Propose Pertain st
S. Actual Mode of
d Topic ing Cogni
No Lecture Delivery
Lecture CO(s) tive
Level
1 Evolution of the CO2 K2 PPT

concept of Human
Rights
2 Magna Carta & CO2 K2 PPT

Petition of Rights
3 Habeas Corpus CO2 K2 PPT

Act & Bill of
Rights
4 Geneva CO2 K2 PPT

Convention of
1864
5 Universal CO2 K2 PPT

Declaration of
Human Rights
1948
6 Theory of Human CO2 K2 PPT

Rights – Moral
Theory
7 Theory of Social CO2 K2 PPT

Justice
8 Structured & CO2 K2 PPT

Social Scientific
theory of Human
Rights
9 Summary & Case CO2 K2 PPT

Study
ACITIVITY BASED LEARNING - II
UDHR AND WORLD WAR II

Introducing Duration No of Short Preparatio Materials
Human Participants Description n
Rights
Make
Participants
copies of Hand-outs
relate
UDHR and 30-40 the sheets with the
10-35 UDHR to
WWII min for all copy sheet
history or
participant Flip cart
WWII
s.
ACTIVITY AIM:
 To give the participants insight into the UDHR
 To relate human rights to historical events and violations
INTRODUCTION:
 Introduce the participants to the Universal Declaration of Human Rights
(UDHR), by telling them that although it is a soft law declaration, it is the
mother of the later conventions, and one of the most translated documents
in the world.
 Give a bit of historical background about the people who drafted it and about
how it was developed after the Second World War and how it reflects the
human rights atrocities that took place during that war.
 Ask participants to identify some of the historical violations that took place
during World War II and get them to link these to the rights contained in
UDHR. Draw the following table on the board or a flipchart.
RELATING RIGHTS AND VIOLATIONS:
 Divide participants into pairs or small groups and ask them to identify
violations that took place during the Second World War and corresponding
human rights as they are described in the UDHR.
 Ask them to write their answers down in a similar table to the one you have
just drawn. After 10–15minutes collect the results for the whole group. Start
by asking how many answers there were.
 Then ask the groups to add their answers to the table in the whole group
session, gathering information from all the different groups. Do not duplicate
answers.
SUMMING UP & REFLECTION
 Ask participants what thoughts this activity brought to their minds.
 Have they ever connected human rights to WWII before?
 Has this changed the view they had on human rights? Or on WWII?
LECTURE NOTES
UNIT – II
2.1 Evolution of the concept of Human Rights
2.1.1 Magna Carta -1215
2.1.2 Petition of Rights
2.1.3 Habeas Corpus Act
2.1.4 Bill of Rights
2.2 Geneva Convention of 1864
2.3 Universal Declaration of Human Rights 1948
2.4 Theory of Human Rights
2.4.1 Moral Theory of Human Rights
2.4.2 Theory of Social Justice Human Rights.
2.4.3 Structured Theory of Human Rights.
2.4.4 Social Scientific Theory of human Rights
2.5 Case Study
2.1 Evolution and Concept of Human Rights
Introduction
The concept of Human rights and security is based on recognising that all
individuals are equal in the eyes of laws and are subject to dignity and rights.
Human Rights Day which is celebrated on December 10, was adopted by the UN
General Assembly in 1948 to establish the Universal Declaration of Human Rights,
which proclaims the inalienable rights of all people. The evolution of Human rights
started from the time immemorial leading to most of the countries adopting the
notion of rights to all.
Western countries was the first country in the world that human rights are
reflected in the struggle in the document
1. Magna Carta
2. Petition of Rights
3. Habeas Corpus Act
4. Bill of Rights
2.1.1 Magna Carta
The Magna Carta, or “Great Charter,” was arguably the most significant early
influence on the extensive historical process that led to the rule of constitutional law
today in the English-speaking world.Magna Carta triggered on June 15, 1215 in
Great Britain made to limit the authority of King John in England. In 1215, after King
John of England violated a number of ancient laws and customs by which England
had been governed, his subjects forced him to sign the Magna Carta, which
enumerates what later came to be thought of as human rights.
Figure 1-The document of Magna Carta and a picture depicting

“Magna Carta”
The contents of this Document are
• King and his descendants, has promised to respect the independence ,rights and
freedom of the Church in England
• King promised to the people of free government to stick to give the following
rights
• Among them was the right of the church to be free from governmental
interference, the rights of all free citizens to own and inherit property and to be
protected from excessive taxes.
• It established the right of widows who owned property to choose not to remarry,
and established principles of due process and equality before the law.
• It also contained provisions forbidding bribery and official misconduct.
• The security officer and tax collector will respect the rights of the people.
• Police cannot claim a person without valid evidence and witnesses
• A child will not be the last, was arrested, found guilty without the protection of
the state and without a legitimate reason as the basis for its actions
• When people without legal protection have stuck in the hold, the king promised to
correct mistakes.
Widely viewed as one of the most important legal documents in the development of
modern democracy, the Magna Carta was a crucial turning point in the struggle to
establish freedom.
2.1.2 Petition of Rights
The next recorded milestone in the development of human rights was the
Petition of Right, produced in 1628 by the English Parliament and sent to Charles I
as a statement of civil liberties.
Refusal by Parliament to finance the king‟s unpopular foreign policy had caused
his government to exact forced loans and to quarter troops in subjects houses as an
economy measure
Figure 2-In 1628 the English Parliament sent this statement of Civil
liberties to King Charles I
• Arbitrary arrest and imprisonment for opposing these policies had produced in
Parliament a violent hostility to Charles and to George Villiers, the Duke of
Buckingham.
• The Petition of Right, initiated by Sir Edward Coke, was based upon earlier
statutes and charters and asserted four principles
This document contains questions regarding the rights of people with the guarantee.
(1) No taxes may be levied without consent of Parliament,

(2) No subject may be imprisoned without cause shown (reaffirmation of the right of
habeas corpus)
(3) No soldiers may be quartered upon the citizenry
(4) Martial law may not be used in time of peace
These rights are
 Taxes and special collections must be accompanied by an agreement.
 The citizens cannot be compelled to accept the military at home.
 Army cannot use the law of war in peace.
Figure 3- Chart Representation of Petition of Rights
2.1.3. Habeas Corpus Act
 The Habeas Corpus Act 1679 is an Act of Parliament in England during the rule of
King Charles II.
 It was passed by what became known as the Habeas Corpus Parliament to define
and strengthen the ancient prerogative writ of habeas corpus, which required a
court to examine the lawfulness of a prisoner's detention and thus prevent unlawful
or arbitrary imprisonment.
 The Act of 1679 followed an earlier Habeas Corpus Act of 1640, which established
that the command of the King or the Privy Council was no answer to a petition
of habeas corpus.
 In the year 1679, the documents present Habeas Corpus Act and the laws that
govern the detention of person.
Figure 4- Habeas Corpus Act,1679
The Contents of the document are:
• A person who is arrested soon be reviewed within two business days after the
detention.
• Reason for detention of a person must be accompanied by evidence that is lawful.
In criminal matters other than betrayal and murder, the act gave
prisoners or third parties acting on their behalf the right to challenge their detention by
demanding from the Lord Chancellor, Justices of the King's Bench, and the Barons of
the Exchequer of the jurisdiction a judicial review of their imprisonment. The act laid
out certain temporal and geographical conditions under which prisoners had to be
brought before the courts. Jailors were forbidden to move prisoners from one prison to
another or out of the country to evade the writ. In case of disobedience jailers would
be punished with severe fines which had to be paid to the prisoner.
2.1.4. Bill of Rights
Figure 5- Bill of Rights,1689

 In the year 1689, Bill of rights issued and became law received by British
parliament as a form of resistance against King James II.
 The Bill of Rights 1689 was one of the models for the United States Bill of
Rights of 1789, the United Nations Declaration of Human Rights of 1948 and
the European Convention on Human Rights of 1950.
The contents of this document are:
 Freedom in selecting members of parliament.
 Freedom to speak and give opinions
 The law and formation of standing army should be in line parliament.
 The rights of citizens of embrace according to their beliefs.
 Parliament has the right to change the decision of the king.
2.2 Geneva Convention of 1864

The First Geneva Convention for the Amelioration of the Condition of
the Wounded in Armies in the Field, held on 22 August 1864, is the first of
four treaties of the Geneva Conventions.
It defines "the basis on which rest the rules of international law for the
protection of the victims of armed conflicts." After the first treaty was adopted in
1864, it was significantly revised and replaced in 1906, 1929, and finally 1949. It is
inextricably linked to the International Committee of the Red Cross, which is both
the instigator for the inception and enforcer of the articles in these conventions.
The 1864 Geneva Convention was instituted at a critical period in
European political and military history. Elsewhere, the American Civil War had been
raging since 1861, and would ultimately claim between 750,000–900,000 lives.
Between the fall of the first Napoleon at the Battle of Waterloo in 1815 and the rise
of his nephew in the Italian campaign of 1859, the powers had maintained peace in
western Europe. Yet, with the 1853–1856 conflict in the Crimea, war had returned to
Europe, and while those troubles were "in a distant and inaccessible region"
northern Italy was "so accessible from all parts of western Europe that it instantly
filled with curious observers;" while the bloodshed was not excessive the sight of it
was unfamiliar and shocking. Despite its intent of ameliorating the ravages of war,
the inception of the 1864 Geneva Convention inaugurated "a renewal of military
activity on a large scale, to which the people of Western Europe had not been
accustomed since the first Napoleon had been eliminated."
The movement for an international set of laws governing the treatment
and care for the wounded and prisoners of war began when relief activist Henry
Dunant witnessed the Battle of Solferino in 1859, fought between French-
Piedmontese and Austrian armies in Northern Italy. The subsequent suffering of
40,000 wounded soldiers left on the field due to lack of facilities, personnel, and
truces to give them medical aid moved Dunant into action. Upon return to Geneva,
Dunant published his account Un Souvenir de Solferino. He urged the calling
together of an international conference and soon co-founded the International
Committee of the Red Cross in 1863.
Figure 6- The signing of the first –ever Geneva Convention by some of

the major European powers in 1864
The International Committee of the Red Cross (ICRC), while
recognising that it is "primarily the duty and responsibility of a nation to safeguard
the health and physical well-being of its own people", knew there would always,
especially in times of war, be a "need for voluntary agencies to supplement the
official agencies charged with these responsibilities in every country." To ensure that
its mission was widely accepted, it required a body of rules to govern its own
activities and those of the involved belligerent parties.
Only one year later, the Swiss government invited the governments of
all European countries, as well as the United States, Brazil, and Mexico, to attend an
official diplomatic conference. Sixteen countries sent a total of twenty-six delegates
to Geneva. The meeting was presided over by General Guillaume Henri Dufour.
Signed at the Alhambra room at Geneva's Hotel de Ville (city hall) on 22 August
1864, the conference adopted the first Geneva Convention "for the Amelioration of
the Condition of the Wounded in Armies in the Field".
It "derived its obligatory force from the implied consent of the states
which accepted and applied them in the conduct of their military operations."
Despite its basic mandates, listed below, it was successful in effecting significant and
rapid reforms. This first effort provided only for,
1. the immunity from capture and destruction of all establishments for the
treatment of wounded and sick soldiers
2. the impartial reception and treatment of all combatants
3. the protection of civilians providing aid to the wounded, and
4. The recognition of the Red Cross symbol as a means of identifying persons and
equipment covered by the agreement.
Due to significant ambiguities in the articles with certain terms and
concepts and even more so to the rapidly developing nature of war and military
technology, the original articles had to be revised and expanded, largely at the
Second Geneva Conference in 1906 and Hague Conventions of 1899 and 1907 which
extended the articles to maritime warfare. The 1906 version was updated and
replaced by the 1929 version when minor modifications were made to it. It was
again updated and replaced by the 1949 version, better known as the Final Act of
Geneva Conference, 1949. However, as Jean S. Pictet, Director of the International
Committee of the Red Cross, noted in 1951, "the law, however, always lags behind
charity; it is tardy in conforming with life's realities and the needs of humankind", as
such it is the duty of the Red Cross "to assist in the widening the scope of law, on
the assumption that law will retain its value", principally through the revision and
expansion of these basic principles of the original Geneva Convention.
Convention for the Amelioration of the Condition of the
Wounded in Armies in the Field (Geneva, 22 August 1864)
Figure 7- A photograph depicting reason for Geneva Convention,1864
Article 1:
Ambulances and military hospitals shall be recognized as neutral, and as
such, protected and respected by the belligerents as long as they accommodate
wounded and sick. Neutrality shall end if the said ambulances or hospitals should be
held by a military force.
Article 2:
Hospital and ambulance personnel, including the quarter-master's staff,
the medical, administrative and transport services, and the chaplains, shall have the
benefit of the same neutrality when on duty, and while there remain any wounded
to be brought in or assisted.
Article 3:
The persons designated in the preceding Article may, even after enemy
occupation, continue to discharge their functions in the hospital or ambulance with
which they serve, or may withdraw to re-join the units to which they belong. When
in these circumstances they cease from their functions, such persons shall be
delivered to the enemy outposts by the occupying forces.
Article 4:
The material of military hospitals being subject to the laws of war, the
persons attached to such hospitals may take with them, on withdrawing; only the
articles which are their own personal property. Ambulances, on the contrary, under
similar circumstances, shall retain their equipment.
Article 5:
Inhabitants of the country who bring help to the wounded shall be
respected and shall remain free. Generals of the belligerent Powers shall make it
their duty to notify the inhabitants of the appeal made to their humanity, and of the
neutrality which humane conducts will confer. The presence of any wounded
combatant receiving shelter and care in a house shall ensure its protection. An
inhabitant who has given shelter to the wounded shall be exempted from billeting
and from a portion of such war contributions as may be levied.
Article 6:
Wounded or sick combatants, to whatever nation they may belong, shall be
collected and cared for. Commanders-in-Chief may hand over immediately to the
enemy outposts enemy combatants wounded during an engagement, when
circumstances allow and subject to the agreement of both parties. Those who, after
their recovery, are recognized as being unfit for further service shall be expelled.
The others may likewise be sent back, on condition that they shall not again, for the
duration of hostilities, take up arms. Evacuation parties, and the personnel
conducting them, shall be considered as being absolutely neutral.
Article 7:
A distinctive and uniform flag shall be adopted for hospitals, ambulances
and evacuation parties. It should in all circumstances be accompanied by the
national flag. An armlet may also be worn by personnel enjoying neutrality but its
issue shall be left to the military authorities. Both flag and armlet shall bear a red
cross on a white ground.
Article 8:
The implementing of the present Convention shall be arranged by the
Commanders-in-Chief of the belligerent armies following the instructions of their
respective Governments and in accordance with the general principles set forth in
this Convention.
Article 9:
The High Contracting Parties have agreed to communicate the present
Convention with an invitation to accede thereto to Governments unable to appoint
Plenipotentiaries to the International Conference at Geneva. The Protocol has
accordingly been left open.
Article 10:
The present Convention shall be ratified and the ratifications exchanged at
Berne, within the next four months or sooner if possible.
Thus, in faith whereof, the respective Plenipotentiaries have signed
the Convention and thereto affixed their seals. Done at Geneva, this twenty-second
day of August, in the year one thousand eight hundred and sixty-four.
2.3 Universal Declaration of Human Rights
Figure 8-United Nations representatives from all regions of the world

formally adopted the Universal Declaration of Human Rights on December
10, 1948
Introduction
The concept of Human Rights has originated from different schools of

thought based on different religions, philosophies and different law schools. The
foundation of the concept of Human Rights was laid down by all religious traditions
like Hinduism, Judaism, Buddhism, Confucianism, Christianity, and Islam irrespective
of their differences.
All religions practice respect and dignity to all the humans that would result
in fraternity, solidarity and the protection of all individuals. On the other hand, the
diverse schools of Philosophy including Western thought lay emphasis on the notion
of moral justice. The next stage of human rights revolves around the notion of
individual rights, justice, individual liberty and the citizenship of the people under
the protection of State.
These advancements were part of the five-century transformation which

comprises of the Revival, the Restoration and the formation of national states,
entering into the Enlightenment, the independence of the United States of America
and the French Revolution. The third stage involves the establishment of the
Universal Declaration of Human Rights in 1948 when the United Nations vowed to
provide equality to all people. This task was accomplished by the Commission on
Human Rights, whose main objective was to design a document that will clearly
define the human rights and freedoms in the charter. Eleanor Roosevelt was
commissioned to perform the task. The Universal Declaration of Human Rights
(UDHR) was adopted by 56 members.
The Preamble of the United Nations asserts,
“Recognition of the inherent dignity and of the equal and inalienable rights
of all members of the human family is the foundation of freedom, justice, and peace
in the world.”
This has been incorporated in the constitution of 185 countries. The
declaration also achieved the status of customary international law because people
regard it as the bases for establishing a common standard for all people and nations.
After the Universal Declaration of Human Rights, the Human Rights Commission
drafted two treaties, the International Covenant on Civil and Political Rights (ICCPR)
and its Optional Protocol and the International Covenant on Economic, Social and
Cultural Rights (ICESCR). Together they are known as the International Bill of
Human Rights. Their main objective is right to life, freedom of speech, voting, and
religion which are subsets of a bigger spectrum of Human Rights.
In addition to the treaties, there were 20 principle bills that were adopted by
the UN which focus on protecting the individuals from torture and genocides. At the
same time protect the minorities, women and the vulnerable populations (refugees).
The various conventions are:
Convention on the Elimination of All Forms of Racial Discrimination
The Convention on the Prevention and Punishment of the Crime of Genocide
The Convention on the Political Rights of Women
The Slavery Convention of 1926
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment.
According to the Guinness Book of World Records, it is the most translated

document in the world.
UNIVERSAL DECLARATION OF HUMAN RIGHTS OFFICIAL
DOCUMENT
Article 1:
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.
Article 2:
Everyone 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 country or territory to which a person
belongs, whether it is independent, trust, non-self-governing or under any other
limitation of sovereignty.
Article 3:
Everyone has the right to life, liberty and security of person.
Article 4:
No one shall be held in slavery or servitude; slavery and the slave trade
shall be prohibited in all their forms.
Article 5:
No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment.
Article 6:
Everyone has the right to recognition everywhere as a person before the
law.
Article 7:
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.
Article 8:
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.
Article 9:
No one shall be subjected to arbitrary arrest, detention or exile
Article 10:
Everyone 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.
Article 11:
Everyone 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 of any penal offence on account of any act or
omission which did 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 was applicable at the time the penal offence was committed.
Article 12:
No one shall be subjected to arbitrary interference with his privacy, family,

home or correspondence, nor to attacks upon his honour and reputation. Everyone
has the right to the protection of the law against such interference or attacks.
Article 13:
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.
Article 14:
Everyone has the right to seek and to enjoy in other countries asylum from
persecution.
This right may not be invoked in the case of prosecutions genuinely arising
from non-political crimes or from acts contrary to the purposes and principles of the
United Nations.
Article 15:
Everyone has the right to a nationality. No one shall be arbitrarily deprived of
his nationality nor denied the right to change his nationality.
Article 16:
Men and women of full age, without any limitation due to race, nationality or
religion, have the right to marry and to found a 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 society and is entitled to protection by
society and the State.
Article 17:
Everyone has the right to own property alone as well as in association with
others. No one shall be arbitrarily deprived of his property.
Article 18:
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.
Article 19:
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 and regardless of frontiers.
Article 20:
Everyone has the right to freedom of peaceful assembly and association. No
one may be compelled to belong to an association.
Article 21:
Everyone has the right to take part in the government of his country, directly
or through freely chosen representatives. Everyone has the right to equal access to
public service in his country. The will of the people shall be the basis of the authority
of government; this will shall be expressed in periodic and genuine elections which
shall be by universal and equal suffrage and shall be held by secret vote or by
equivalent free voting procedures.
Article 22:
Everyone, as a member of society, has the right to social security and is
entitled to realization, through national effort and international co-operation and in
accordance 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.
Article 23:
Everyone has the right to work, to free choice of employment, to just and
favourable conditions of work and to protection against unemployment. Everyone,
without any discrimination, has the right to equal pay for equal work. Everyone who
works has the right to just and favourable 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 trade
unions for the protection of his interests.
Article 24:
Everyone has the right to rest and leisure, including reasonable limitation of
working hours and periodic holidays with pay.
Article 25:
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 and medical
care and necessary social services, and the right to security in the event of
unemployment, sickness, disability, widowhood, old age or other lack of livelihood in
circumstances beyond his control. Motherhood and childhood are entitled to special
care and assistance. All children, whether born in or out of wedlock, shall enjoy the
same social protection.
Article 26:
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
education shall be equally accessible to all on the 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 understanding, tolerance and friendship among all nations,
racial or religious groups, and shall further the activities of the United Nations for the
maintenance of peace.
Parents have a prior right to choose the kind of education that shall be given
to their children.
Article 27:
Everyone has the right freely to participate in the cultural life of the
community, to enjoy the arts and to share in scientific advancement 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.
Article 28:
Everyone is entitled to a social and international order in which the rights and
freedoms set forth in this Declaration can be fully realized.
Article 29:
Everyone has duties to the community in which alone the 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 be exercised contrary to the purposes and principles of the United Nations.
Article 30:
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 freedoms set forth herein.
2.4 Theory of Human Rights
2.4.1. Moral Theory of Human Rights

• People are entitled to profit or benefit of their valuable moral needs of man.
• This is because human rights are fundamental in shaping the human dignity and
honour it is to remain virtually universal that can be applied to all individuals
regardless of race which does not take gender and age ethnicity or nationality.
• It exists independently of the society and country communities where people can
live freely in it.
• So, human rights are above the law derived from their legal or not of the real
moral of the constitution or laws or specific acts committed by countries and
international organization.
2.4.2. Theory of Social Justice Human Rights.
• Developed by Charles Beitz.
• Proved that the distribution of rights in terms of moral justice than human nature.
• Based on this theory of human rights are the rights based social justice norms
that guarantee the good of mankind.
• Charles Beitz has claimed by the classical doctrine of natural rights to restrict the
rights of individual security and the failure to take into account the socio-
economic demands, social justice model provides a more comprehensive position
on human rights.
2.4.3. Structured Theory of Human Rights.
• Determine that human rights policy necessarily for human goodness.
• Henry Shue- human life without human rights practiced properly fit is impossible
to achieve.
• There are three types of human rights- freedom, life and safety.
2.4.4 Social Scientific Theory of Human Rights
• The need to establish human rights agreements on cross-cultural.
• This is because high level of cultural pluralism in the contemporary world and
because of constant changes in customs and values in different societies to find
high-level agreements in respect of human rights is clearly more difficult to
obtain.
Conclusion
Individual is absolute, that his or her reality must be recognized regardless
nationality, place of residence, sex, national or ethnic
origin,color,religion,language,or any other status. Human right is a form of right
enjoyed by a citizen as enshrined in the law.
Case Study : Education is A Basic Child Right

Suman comes from Himmatgarh, a village 40 km north from the District
headquarter of Shivpuri District of Madhya Pradesh. Suman is one of those girls who
have been facing a barrier in attending schools due to lack of interest of parents in
girl child education and assuming homely responsibilities to be only of the girls. On
contacting the school in Himmatgarh, the teacher shared that most of the girls have
been attending school, except for Suman, whose parents have been told about the
importance of education in the overall development of a girl on a number of
occasion. Following the meeting with the children Ramsevak visited Suman and
asked her, why she was not attending school. Suman said that she did want to
attend the school, but her parents were of the opinion that school was not about
education anymore, but more of an institution for distribution of mid-day meals. The
next step was to appeal to Suman‟s parents, who were told why girl child education
was important not only for the overall development of the girl but also that
education contributed to the health, education and poverty reduction of the family.
On the completion of the counselling session, Sumans parents shared that though
they had earlier wanted Suman to stay home, look after the household tasks, while
they were out for work now they understood the concern and since the
organizations, government and schools were themselves making efforts to ensure
education for all they would now participate in this global campaign. Today Suman is
in 7th standard and has secured 86% marks in her examinations. Suman is one of
those who serve as an example for the entire community on how education
transforms lives.
Source: http://sambhavindia.org posted on date Jul 14, 2011
Analyse the following questions
• Which Human Right has been violated in each of these cases?
• Which Human Right organization is working for protecting the right that has been
violated in the case?
• Which of the rights that you have identified are inalienable and which are not?
• Why are human rights of women generally violated throughout the world?
• Find out in what other ways the rights of women are violated in our society.
Work to be done
1. Draw a map of your town (or neighbourhood in the case of larger communities).
Include your home, major public buildings (e.g., parks, post office, city hall, schools,
places of worship) and public services (e.g., hospitals, fire department, police
station) and any other places that are important to the community (e.g., grocery
stores, multiplexes, cinemas, fuel stations).
a. When the map is complete, analyse the maps from a human rights perspective.
What human rights will you associate with different places on the maps?
For example, a place of worship with freedom of thought, conscience, and religion;
the school with the right to education; the post office with the right to information,
to privacy, and to self-expression.
b. As you identify these rights, look up the relevant article(s) in the UDHR and write
the article number(s) next to that place on the map.
2. Collect newspaper clippings on violation of human right of children and also
mention the provision provided by the Constitution of India for the protection of
those rights.
ASSIGNMENT - UNIT - II
1) Discuss the Magna Carta in detail.

2) Explain with case study of Geneva Convention III
3) Elaborate the Racial Discrimination Act along with the Case study.
4) Explain with case study and various schemes available in Social
rights and Right to food act.
5) Explain the various theories in human rights.
UNIT II - PART A
1) Define Ma‟at in Ancient Egypt. [CO2, K1]

Ans: Ma‟at (pronounced may-et) is the ancient Egyptian goddess of truth, justice,
harmony, and balance (a concept known as ma‟at in Egyptian) who first appears
during the period known as the Old Kingdom. Ma‟at represented truth, order,
balance and justice in the universe.
2) What is Ancient Mesopotamia? [CO2, K1]

Ans: Hammurabi (1792-1750 B.C) was an ancient Babylonian king. Hammurabi
created the first written set of laws during 1780 BC. The code of Hammurabi
consists of 282 laws, with scaled punishments, adjusting “an eye for an eye, a tooth
for a tooth” as graded depending on the social status of the „slave‟ versus the „free
man‟. On the stone slab, among the laws of Hammurabi, there are many articles,
that attempt to establish the basic principles of protection and independence of
women.
3) Which is called as world‟s first Charter and illustrate it? [CO2, K1]
Ans: The Cyrus Cylinder is recognized as the world‟s first charter of human rights. It
was developed in 539 BC. The armies of the Persian king Cyrus the Great conquered
Babylon. He freed the slavery. He declared that all people had the right to choose
their own religion. He established racial equality. It was recorded in a baked-clay
cylinder in the Akkadian language with cuneiform script.
4) Show the four Articles of the Universal Declaration of Human Rights. [CO2, K1]
Ans: 1) Free and equal
2) No discriminations
3) the right to life
4) no slavery
5) What is Edicts of Ashoka? [CO2, K1]

Ans: The Edicts of Ashoka are a collection of 33 inscriptions on the pillars of Ashoka
as well as boulders and cave walls, made by the king Ashoka of the Mauryan
dynasty during his reign. These inscriptions are dispersed throughout the areas of
modern-day Pakistan and India and represent the first tangible evidence of
Buddhism. The edicts describe in detail the first wide expansion of Buddhism
through the sponsorship of one of the most powerful kings of Indian history. The
inscriptions revolve around a few repetitive themes: Ashoka's conversion to
Buddhism, the description of his efforts to spread Buddhism, his moral and religious
precepts, and his social and animal welfare programme. Two edicts in Afghanistan
have been found with Greek inscriptions, one of these being a bilingual edict in
Greek language and Aramaic.
UNIT II - PART A
6) What is the Magna Carta? [CO2, K1]
Ans: The Magna Carta called as „Great Charter‟ is an English document created by
the barons during King John‟s rule in 1215. Magna Carta stands for freedom, that
the people have certain rights that cannot be taken away by anyone, and it stands
for the only real true rule of law; that no one, not even a king, is above the law. It
still has major influence on our legal system today, and has ensured equality for all
citizens under the law.
7) List the three clauses of the Original Magna Carta which are still exist today?
[CO2, K1]
Ans: 1) The Church of England shall be free and maintain all of its rights and
liberties.
2. The City of London shall keep all of its old customs and liberties.
3. No one shall be imprisoned or taken away without a trial
8) What are the important points relevance in Todays legal system with respect to
Magna Carta? [CO2, K1]
Ans: There are two main points of the Magna Carta that are still relevant today.
Firstly, the fact that everyone is equal under the law is very important in our legal
system today. What once applied to kings still applies to our politicians. It ensures
that no person can gain unlimited power in our society. It carries heavy influence in
the rule that no person shall be imprisoned or judged without a fair trial.
9) When did the Geneva convention declared? [CO2, K1]
Ans: The first modern international rules of war, known as the Geneva Conventions,
or Treaties, were made in Geneva, Switzerland in 1864.
10) Write the importance of Geneva Convention. [CO2, K1]
Ans: The Geneva Conventions were first drafted and ratified in Europe in 1864,
modern version with four Conventions drafted in 1949 and ratified by 191 countries.
It established the Red Cross in 1877. These treaties were accepted by all European
countries, the US and some Asian & Latin American countries.
11) Outline the four groups of Geneva Conventions. [CO2, K2]
Ans: Geneva Conventions guarantee human rights to four groups:

Improving the conditions of the sick and wounded, members of the armed forces
in the field.
Improving the conditions of shipwrecked sailors, members of armed forces at sea.
Treatment of prisoners of war (POW)
Protection of civilians in time of war.
12) When did the First Geneva Convention declared? [CO2, K1]
Ans: The First Geneva Convention for the Amelioration of the Condition of the
Wounded and sick in Armed forces, was declared on August 12, 1949 and it was
mentioned in 64 articles that protects the soldiers who are out of action due to
injury or damage.
UNIT II - PART A
13) Who is POW? [CO2, K1]
Ans: POW stands for Prisoner of War. Geneva Convention III includes restrictions
that apply to prisoners of war, i.e., captured soldiers from other countries armies.
14) Which date is celebrated as United Nations Day and Why? [CO2, K1]
Ans: The Charter of the new United Nations organization went into effect on October
24, 1945, a date that is celebrated each year as United Nations Day.
15) Write the ideals of the organization in United Nations. [CO2, K1]
Ans: The ideals of the organization were stated in the preamble to its proposed
charter: “We the peoples of the United Nations are determined to save succeeding
generations form the scourge of war, which twice in our lifetime has brought untold
sorrow to mankind”.
16) When did the Universal Declaration of Human Rights declared and who declared
it? [CO2, K1]
Ans: The Universal Declaration of Human Rights was declared in 1948. Roosevelt,
credited with its inspiration, referred to the Declaration as the international Magna
Carta for all mankind. It was adopted by the United Nations on December 10, 1948.
17) How does the UN Promote and protect Human Rights? [CO2, K1]
Ans: High Commissioner for Human Rights

Human Rights Council
Human Rights Treaty Bodies
Special Procedures
UNDG-HRM
Special Advisers on the Prevention of Genocide and the Responsibility to Protect
18) What legal Instruments help the UN protect Human Rights? [CO2, K1]
Ans: The International Bill of Human Rights.
19) Mention the different theories of Human Rights.
Ans: The legal theory of Rights, The Anti-Utilitarian Theory of Rights, The Marxist
Theory of Rights.
20) What is ICESCR? [CO2, K1]
Ans: International covenant Economic, Social and Cultural Rights (ICESCR) and it is
developed in 1966. This theory, however, does not include religion, customs,
traditions and mortality as integral components of human rights.
UNIT II - PART B
1. Explain in detail about the Magna Carta. [CO2, K2]

2. Interpret the First Geneva Convention in detail. [CO2, K2]
3. Define PoW. Develop the PoW along with Case study. [CO2, K3]
4. Classify the Theories of United Nations and explain in detail about each of the
theories. [CO2, K2]
5. Explain the Universal Declaration of the United Rights and its preamble. [CO2,
K2]
UNIT - 2
 COURSE ERA: Magna Carta and its Legacies: Freedom and

protest
By Dr. Emmett Sullivan, Senior Tutor, History Department, Royal

Holloway, University of London
https://www.coursera.org/learn/magna-carta
to industry – UNIT - II
Website : https://nhrc.nic.in/
INTRODUCTION:
The National Human Rights Commission (NHRC) of India was established on 12
October, 1993. The statute under which it is established is the Protection of
Human Rights Act (PHRA), 1993 as amended by the Protection of Human Rights
(Amendment) Act, 2006.
It is in conformity with the Paris Principles, adopted at the first international
workshop on national institutions for the promotion and protection of human
rights held in Paris in October 1991, and endorsed by the General Assembly of the
United Nations by its Regulations 48/134 of 20 December, 1993.
The NHRC is an embodiment of India‟s concern for the promotion and protection
of human rights.
Section 2(1)(d) of the PHRA defines Human Rights as the rights relating to life,
liberty, equality and dignity of the individual guaranteed by the Constitution or
embodied in the International Covenants and enforceable by courts in India.
CONTENT BEYOND SYLLABUS – UNIT - II
1) Models of Human Rights Education.

2) Global Pandemic & Human Rights
ASSESSMENT SCHEDULE
ASSESSMENT DATES
SECOND INTERNAL
ASSESSMENT
MODEL EXAMINATION
New Delhi.
Publications.
ONLINE RESOURCES
https://cyber.harvard.edu/property/library/moralprimer.html
http://www.humanrights.is/en/human-rights-education-project/human-rights-
concepts-ideas-and-fora/part-i-the-concept-of-human-rights/definitions-and-
classifications
https://www.amnesty.org/en/latest/campaigns/2019/01/chapter-5-case-studies/
https://journal.rostrumlegal.com/jallikattu-a-celebrated-culture-or-animal-abuse/
https://onlinelibrary.wiley.com/doi/pdf/10.1111/j.1467-9248.1995.tb01734.x
https://www.civilserviceindia.com/subject/Political-Science/notes/rights-meaning-
and-theories.html
https://unesdoc.unesco.org/ark:/48223/pf0000185034
https://www.slideshare.net/sadishp/theories-of-human-rights-full-paper
https://www.slideshare.net/Halligan/the-origin-of-the-universal-declaration-of-
human-rights
https://www.slideshare.net/unitednations/the-universal-declaration-of-human-
rights-as-seen-by-elyx
Thank you
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GE 8074 –
HUMAN RIGHTS
Batch/Year : 2017 – 2021 / IV year
Created by: Ms. D. Nageswari

Asst. Professor
R.M.K College of Engineering and Technology
Table of Contents
Slide No
Course Objectives 6
Pre Requisites -
Syllabus 7
Course Outcomes 8
Lecture Plan 10
Lecture Notes 12
Assignment 43
Part A Q & A 44
Part B Qs 48
and to industry 51

COURSE OBJECTIVES

Rights.
SYLLABUS
3003
UNIT I 9
UNIT II 9
UNIT III 9
UNIT IV 9
Guarantees.
UNIT V 9
Movements.
TOTAL : 45 PERIODS
COURSE OUTCOMES
Highest
Level

CO1 K2

CO2 K2
of human rights


CO4 K2

CO5 K3

CO6 K3
Program

Course Outcomes
Outcomes
K3,
K3 K4 K5 K5 K5, A3 A2 A3 A3 A3 A3 A2
PSO-1
PSO-2
PSO-3
K6
PO-10
PO-11
PO-12
PO-1
PO-2
PO-3
PO-4
PO-5
PO-6
PO-7
PO-8
PO-9
CO1 K2 - - 1 - - 2 - - - - - - - - 2
CO2 K2 - - 1 - - 2 - - - - - - - - 2
CO3 K3 - - 2 - - 3 - - - - - - - - 3
CO4 K2 - - 1 - - 2 - - - - - - - - 2
CO5 K3 - - 2 - - 3 - - - - - - - - 3
CO6 K3 - - 2 - - 3 - - - - - - - - 3
LECTURE PLAN
UNIT – III
Highe
Proposed Pertaini st
S. Actual Mode of
Lecture Topic ng Cogni
No Lecture Delivery
Date CO(s) tive
Level
1 Introduction to
Laws & Treaties C03 K3 PPT
2 History of UN - PPT
Human Rights C03 K3
Theory
3 UN Laws on PPT
Human Rights C03 K3
4 Perspectives of
UN Laws C03 K3 PPT
5 Scope of UN
Laws C03 K3 PPT
6 Role of UN
Agencies C03 K3 PPT
7 Compliance
Monitoring by C03 K3 PPT
UN Agencies
8 Monitoring of
International C03 K3 PPT
Treaty
9 Discussion on
Case Study C03 K3 PPT
ACITIVITY BASED LEARNING : IMPACT ASSESSMENT
ACTIVITY AIM:
 Who is involved in international issues? Working
individually or in groups, have students pick an
international issue, and understand its impact and
consequences.
Questions Impact Consequences
Does this issue affect people or

countries all over the world? If not,
list the regions affected.
International law/concepts involved
International governance
organizations involved (e.g., the UN)
International non-governmental
organizations involved (e.g., Amnesty
International)
Individuals or corporations involved
Government agencies involved (e.g.,

courts, defence, environmental
ministries)
Individuals or organizations raising
awareness about this issue
(spokesperson, advocacy group)
Opponents of this issue (who is
arguing against this issue?)
LECTURE NOTES
UNIT – III
3.1 Introduction
3.2 Theories and Perspectives of Human Laws
3.3 Scope Of UN Laws
3.4 UN Agencies to monitor compliance
3.5 Monitoring the core international human rights treaties
3.1 INTRODUCTION
International law is a primary concern of the United Nations. The third

preamble paragraph of the UN Charter states as a key goal of the organization "to
establish conditions under which justice and respect for the obligations arising
from treaties and other sources of international law can be maintained". The
Statute of the International Court of Justice is an integral part of the Charter, and
the ICJ is a principal organ of the UN. Sources of international law have been
influenced by a range of political and legal theories. During the 20th century, it
was recognized by legal positivists that a sovereign state could limit its authority
to act by consenting to an agreement according to the contract principle. This
consensual view of international law was reflected in the 1920 Statute of the
Permanent Court of International Justice and remains preserved in Article 7 of the
ICJ Statute.
The sources of international law applied by the community of nations are
listed under Article 38 of the Statute of the International Court of Justice, which is
considered authoritative in this regard:
• International treaties and conventions.
• International custom as derived from the "general practice" of states; and
• General legal principles "recognized by civilized nations".
INTERNATIONAL TREATY
• International treaty law comprises obligations expressly and voluntarily accepted
by states between themselves in treaties. The Vienna Convention on the Law of
Treaties defines a treaty as follows
• “treaty” means an international agreement concluded between States in written
form and governed by international law, whether embodied in a single instrument
or in two or more related instruments and whatever its particular designation”
A treaty as an international agreement that meets the following criteria:
• Criterion 1: Requirement of an agreement, meetings of wills.
• Criterion 2: Requirement of being concluded between subjects of international
Law.
• Criterion 3: Requirement to be governed by international law: any agreement
governed by any domestic law will not be considered a treaty.
• Criterion 4: No requirement of instrument: A treaty can be embodied in a single
instrument or in two or more related instruments. This is best exemplified in
exchange of letters - (échange de lettres).
• Criterion 5: No requirement of designation: the designation of the treaty, whether
it is a "convention", "pact" or "agreement" has no impact on the qualification of
said agreement as being a treaty.
Unwritten Criterion: requirement for the agreement to produce legal effects
INTERNATIONAL CUSTOM
Customary international law is derived from the consistent practice of States
accompanied by opinion juris, i.e. the conviction of states that the consistent
practice is required by a legal obligation. Judgments of international tribunals as well
as scholarly works have traditionally been looked to as persuasive sources for
custom in addition to direct evidence of state behavior. International law establishes
the framework and the criteria for identifying states as the principal actors in the
international legal system. As the existence of a state presupposes control and
jurisdiction over territory, international law deals with the acquisition of territory,
state immunity and the legal responsibility of states in their conduct with each other.
International law is similarly concerned with the treatment of individuals within state
boundaries.
Why International Laws?
There is a comprehensive regime dealing with group rights, the treatment of aliens,
the rights of refugees, international crimes, nationality problems and human rights
generally. It further includes the important functions of the maintenance of
international peace and security, arms control, the pacific settlement of disputes and
the regulation of the use of force in international relations.
International law is also used to govern issues relating to the global environment,
the global commons such as
• International waters
• Outer space,
• Global communications
• World trade.
3.2 Classical Approaches of International
Law
Natural law
Many early international legal theorists were concerned with axiomatic
truths thought to be reposed in natural law. 16th century natural law writer,
Francisco de Vitoria, a professor of theology at the University of Salamanca,
examined the questions of the just war, the Spanish authority in the Americas, and
the rights of the Native American people.
Eclectic or Grotian approach
Hugo Grotius, a Dutch theologian, humanist and jurist played a key role in
the development of modern international law. In his De jure Belli ac Pacis Libri Tres
("Three Books on the Law of War and Peace") of 1625, and drawing from the Bible
and from the St. Augustine's just war theory, he argued that nations as well as
persons ought to be governed by universal principle based on morality and divine
justice. Drawing, though, from domestic contract law, he argued that relations
among polities ought to be governed by the law of peoples, the jus gentium,
established by the consent of the community of nations on the basis of the principle
of pacta sunt servanda, that is, on the basis of the observance of commitments. On
his part, Christian von Wolff, contended the international community should be a
world superstate (civitas maxima), having authority over the component member
states. Emmerich de Vattel rejected this view and argued instead for the equality of
states as articulated by 18th century natural law. In Le droit des gens, Vattel
suggested that the law of nations was composed of custom and law on the one
hand, and natural law on the other.
During the 17th century, the basic tenets of the Grotian or eclectic school,
especially the doctrines of legal equality, territorial sovereignty, and independence of
states, became the fundamental principles of the European political and legal system
and were enshrined in the 1648 Peace of Westphalia.
Legal positivism
The early positivist school emphasized the importance of custom and
treaties as sources of international law. Early positivist scholar Alberico Gentili used
historical examples to posit that positive law (jus voluntarium) was determined by
general consent. Another positivist scholar, Richard Zouche, published the first
manual of international law in 1650.
Legal positivism became the dominant legal theory of 18th century and
found its way into international legal philosophy. At the time, Cornelius van
Bynkershoek asserted that the bases of international law were customs and treaties
commonly consented to by various states. John Jacob Moser emphasized the
importance of state practice in international law. Georg Friedrich von Martens,
published the first systematic manual on positive international law, Precis du droit
des gens moderne de l'Europe. During the 19th century, positivist legal theory
became even more dominant due to nationalism and the Hegelian philosophy.
International Commercial law became a branch of domestic law: private international
law, separate from public international law.
Positivism narrowed the range of international practice that might qualify
as law, favoring rationality over morality and ethics. The 1815 Congress of Vienna
marked the formal recognition of the political and international legal system based
on the conditions of Europe.
Modern legal positivists consider international law as a unified system of
rules that emanates from the states' will. International law, as it is, is an "objective"
reality that must be distinguished from law "as it should be." Classic positivism
demands rigorous tests for legal validity. Extralegal arguments, i.e., arguments that
have no textual, systemic or historical basis on the law, are deemed irrelevant to
legal analysis. There is only hard law, no soft law. Criticisms of positivist
international legal theory include its rigidity, its focus on state consent, without
allowing for interpretation, and the fact that it does not allow moral judgements
regarding a State's conduct as long as it follows international norms.
International relations – international law approaches
Legal scholars have drawn from the four main schools of thought in the
areas of political science and international relations: realism, liberalism,
institutionalism, and constructivism to examine, through an interdisciplinary
approach, the content of legal rules and institutions, to explain why and how legal
institutions came to be and why they are effective. These methods have led some
scholars to reconceptualize international law in general.
Realism
Realism contends that, in an anarchic international system, states main
objective is for survival that obligates them to maximize their relative power in order
to preserve their territory and existence. Since international cooperation is possible
only inasmuch as it responds to the states' self-interest in maximizing their power
and prospects for survival, states do not pursue cooperation on the basis of
normative commitments. According to Realist legal scholars, states adopt only
international legal norms that either enhance their power, formalize the
subordination of weaker states, or that they intend to violate deliberately to their
own advantage.International Law may thus address only peripheral matters that do
not impact the states´ power or autonomy. Consequently, for realists, international
law is a "tenuous net of breakable obligations"
Within the Realist approach, some scholars have proposed an
"enforcement theory" according to which international legal norms are effective
insofar as they "publicize clear rules, enhance monitoring of compliance, and
institutionalize collective procedures for punishing violations, thereby enhancing the
deterrent and coercive effects of a stable balance of power." Thus, the role of
reciprocity and sanctions is underlined. Morrow, for instance, notes that:
International politics in modern times generally recognizes no authority
above the nation-state. Agreements among states are enforceable only by the
agreeing states themselves. This assumption of anarchy poses a paradox for
agreements to limit violence during wartime. Reciprocity serves as the main tool to
enforce agreements in international politics. Enforcement of an agreement is
devolved to the parties themselves. Damaged parties have the option to respond
with retaliatory sanctions to a violation of an agreement. The threat of reciprocal
sanctions may be sufficient to deter violations, and so agreements can be enforced
in international politics.
Liberalism
Based on the Liberal international relations theory, some scholars argue
that the states' stance towards international law is determined by their domestic
politics and, in particular, by the aggregation of the preferences of key domestic
individuals and groups toward the rule of law. Thus, democratic states, having a
representative government, are more likely than non-democratic states to accept the
legal regulation of both domestic and international politics, and more likely to accept
and observe international law. Furthermore, democratic societies are linked by a
complex net of interstate, transnational and trans governmental relations so that
both their foreign policy bureaucracies and their civil societies are interested in
promoting and strengthening transnational cooperation through the creation and
observance of international legal norms. Hence, the adoption of and the compliance
with international legal norms among democratic states should be easier and more
peaceful than the observance of international law among non-democratic states. In
this regard, Slaughter notes that:
Agreements concluded among liberal States are more likely to be concluded in an
atmosphere of mutual trust, a precondition that will facilitate any kind of
enforcement. In particular, however, the assumptions that these are agreements
reached with the participation of a network of individuals and groups in the
participating States, and that these States are committed to the rule of law enforced
by national judiciaries should lead to more 'vertical' enforcement through domestic
courts. This mode of enforcement contrasts with the traditional 'horizontal' mode
involving State responsibility, reciprocity, and countermeasures.
Rational choice and game theory
This approach to law applies theories of economics to identify the legal
implications of maximizing behavior inside and outside of markets. Economics is the
study of rational choice under limited conditions. Rational choice is the assumption
that individual actors seek to maximize their preferences. Most of the economic
theory employed here is neoclassical traditional economics. Economic techniques
include price theory, which evaluates strategic interaction between actors.
Transaction cost economics, which incorporates cost of identifying actors,
negotiating, and costs of enforcing agreements into price theory. Game Theory can
demonstrate how actors with maximizing behavior might fail to take action increase
join gain. Public choice applies economic tools to problems outside of markets.
These tools are used to describe and evaluate law. Using these tools, laws are tested
for economic efficiency. Economic theories are also used to propose changes in the
law. This approach urges the adoption of laws that maximize wealth. Potential
application of this approach would begin with a text-based interpretation. A
secondary concern is whether or not an actual "market" context is functioning well.
Thirdly, ways to improve the imperfect market are proposed. This approach could be
used to analyze general legal questions, because this approach provides highly
specified rules and provides the rationale for using them. This approach relies on
assumptions that perfect competition exists, and that individuals will behave to
maximize their preferences. The empirical presence of these conditions is often
difficult to determine.
International legal process

The classic International Legal Process is the method of studying how
international law is practically applied to, and functions within international policy, as
well as the study of how international law can be improved. "It concentrates not so
much on the exposition of rules and their content as on how international legal rules
are actually used by the makers of foreign policy". ILP was developed in response to
the "realists from the discipline of international relations", who realized with the
beginning of the Cold War how little international law played a role in international
affairs. ILP was made a legitimate theory in the 1968 casebook International Legal
Process, by Chayes, Ehrlich and Lowenfeld, in which the American legal process
method was adapted to create an international legal process. ILP describes the way
international legal processes work, and the formal and informal ways that foreign
offices incorporate international law. ILP also measures the extent to which
individuals are held accountable for abuses in international conflicts. While ILP
recognizes that international law does not force decision makers' actions, it suggests
that international law serves as a justification, constraint, and organizing device.
Criticism of ILP's lack of normative qualities in its method resulted in the emergence
of a new ILP. The New International Legal Process (NLP) incorporates both law as a
process and as the values of each society respectively. Unlike the American Legal
System, it considers normative values other than democracy, such as “feminism,
republicanism, law and economics, liberalism as well as human rights, peace and
protection to the environment." The NLP is unique in its flexibility in adapting to the
evolution of values. This component of the method is important to resolve the
changing of legal standards over time. The NLP shows its true departure from the
ILP by addressing what happens in the situation of conflict, as well as what should
be happening.
Policy oriented perspectives
New Haven School
The New Haven School is a policy-oriented perspective on international
law pioneered by Myres S. McDougal, Harold D. Laswell, and W. Michael Reisman.
Its intellectual antecedents lie in sociological jurisprudence of Roscoe Pound and the
reformist ambitions of the American Legal Realists. From the standpoint of the New
Haven approach, jurisprudence is a theory about making social choices.
International law itself reflects the expectations of relevant community members
about stable patterns of behavior created by assertions of control by legal
authorities. The primary jurisprudential and intellectual tasks are the prescription
and application of policy in ways that maintain community order and simultaneously
achieve the best possible approximation of the community's social goals. These
normative social goals or values of the New Haven approach include maximizing
shared community values, such as wealth, enlightenment, skill, well-being, affection,
respect and rectitude. The teleological goal of New Haven School jurisprudence is
the interpretation of international law as a system of creating minimum world public
order, with continued progress toward the development of shared values into an
optimum order.
Critical Legal Studies

Critical Legal Studies (CLS) emerged as a legal theory in America during
the 1970s. exists to this day as a method of analyzing international law from a highly
theoretical perspective. The method proposes that the nature of international law is
limited because it is determined by language, which is biased and still stuck in the
conventional structures of politics and power. Critical Legal scholars argue that those
structures of power can be found within the binaries that exist in legal
language(man vs. woman, majority vs. minority, etc.). Recognizing the political
aspect of international law, these scholars also argue that universality is impossible.
Criticism of this method suggests that this radical practice is impossible to put into
application. It was successful, however, in pushing forward other approaches to
international law (feminist, cultural relativist, etc.) because of its deep analysis of
language, and all the imbalance that it reveals.
Central case approach
The central case approach is a method of looking at human rights
situations. This approach recognizes the existence of certain universal rights. It
begins analyzing a human rights issue by constructing a hypothetical ideal situation
in which those rights are applied, a standard against which to compare an actual
situation. The central case approach then investigates to what extent, and in what
ways the actual situation deviates from the ideal (or the central case).The central
case approach allows for more complexity than the traditional binary method of
analysis. In binary terms, human rights are simply violated, or they are upheld. This
does not allow for degrees of severity of a human rights violation, which creates a
deceptively simplistic view of a situation.
John Finnis developed the concept of a central case as it applied to
assessing legal systems; Tai-Heng Cheng was the first to apply it to human rights. If
used by decision-makers, the central case approach could be effective in preventing
human rights abuses. It takes into account a society's political and social situations
in addition to specific human rights abuses. This enables it to detect trends of
human rights abuses, and the reasons behind these trends. The depth of a central
case analysis exposes the different degrees of human rights abuses that occur,
allowing policy makers to focus on the most severe cases and patterns of abuse with
more urgency. The central case approach provides an accurate and flexible picture
of situations that are in a state of change. Whereas a binary appraisal would
conclude whether a human right had been violated at one point in time, the central
case approach can detect shifting political and social conditions and patterns that
give a more nuanced view of the state of human rights.
Feminist legal theory

Feminist legal theory critiques current legal vocabulary and practice by
arguing it is patriarchal, presenting men as the norm and women as a deviation
from the norm. Feminist theorists propose to change legal language to make it more
inclusive of women, or to rethink law completely, so it is possible to promote broader
social goals of justice and equality. Feminist methods seek to expose the biases from
which international law is written and particularly the notion that women are more
vulnerable than men and need special protection under the law. Feminist theorist
Hilary Charlesworth criticizes the dialogue of women as victims in need of protection
from both men and international law. Additionally, she argues that the irony of the
dominant language is that while it aims to especially protect women, the emphasis is
on the protection of her honor and not on the protection of her social, cultural and
economic rights.
LGBT legal theory
Lesbian, Gay, Bisexual, and Transgender/Transsexual (LGBT) International
Law Theory is a critical school of thought that continues to develop as the
shortcomings of international law are realized, in regard to the integration of queer
theory into international law theory. While human rights conventions have recently
begun to generalize in regard to equality and its recipients, in the past, any
discussions of sexual orientation and gender identity have gone largely untouched.
The movement of LGBT International Law Theory centres on the inclusion and
awareness of LGBT rights (and protection of persons), as well as the integration of
queer theory within the realm of international law.
As LGBT theory has become more prominent in scholarly works,
international courts and international law organizations (particularly the European
Union Council and the United Nations) have considered workplace discrimination on
the basis of sexuality, issues stemming from the definition of family in regard to
homosexual unions, the position of transsexuals in the question of sexual
orientation, the need for recognition of LGBT rights in regard to general health
advocacy and the HIV/AIDS crisis, the inclusion of and LGBT advocacy group within
the UN (with advisor status), and the ongoing active persecution of people engaging
in homosexual acts, among other issues. According to scholar Nancy Levit, the
challenges for gay legal theory are twofold: to move away from the frailties of both
formal equality and antisubordination theories, and to develop ways of representing
sexual minorities that will make them more acceptable, if not valuable, in a broader
cultural context, that is the critical body of LGBT International Law Theory.
International law in ancient Rome

The idea of international law in Roman times is a complicated one. For, not
only does the Roman Republic and following empire itself dominate a long period of
time in history, but also the very debate over whether or not the term "international
law" is an applicable term is not yet decided. Many scholars and authors define
international law as "the law governing relations between sovereign, territorial
states." Any attempt to find a similar parallel in Roman law would find a logical
starting point in the gentium (the laws of nations). The gentium began as a Roman
recognition of like legal practices and institutions (such as slavery) that was found at
that time in most states. This brand of law was in fact private law in itself and mainly
dictated the way in which the Roman state was to deal with individual foreigners,
not entire states. However, when citizenship was granted to all free men in the
empire in 212 A.D. The gentium ceased to cling to its original definition and instead
was applied to states as a whole. Some semblance of modern international law can
therefore be found in this shift. The actual extent of these origins and their
relevance to modern law is a topic that has not yet been approached in any depth.
Third World
Third World Approaches to International Law (TWAIL) is a critical
approach to international law that is not a "method" in the strict sense of
questioning "what the law is". Rather, it is an approach to law that is unified by a
particular set of concerns and analytical tools with which to explore them. It is an
approach that draws primarily from the history of the encounter between
international law and colonized peoples. TWAIL shares many concepts with post-
colonial studies, feminist theory, Critical legal studies, Marxist theory and critical race
theory. TWAIL scholarship prioritizes in its study the power dynamic between the
First World and Third World and the role of international law in legitimizing the
subjugation and oppression of Third World peoples. TWAIL scholars try to avoid
presenting the "Third World" as a unified, coherent place but rather use the term to
indicate peoples who have the shared experience of underdevelopment and
marginalization.
Contemporary TWAIL scholarship has it origins in works of jurists such as
B. S. Chimni, Georges Abi-Saab, F. Garcia-Amador R.P. Anand, Mohammed Bedjaoui,
and Taslim O. Elias. Over the years, several Western scholars have been sympathetic
to the Third World's position and made important contributions to this body of
scholarship, and these include, scholars such as C.H. Alexandrowicz, Richard Falk,
Nico Schrijver and PJ.I.M. de Waart. David Kennedy and Martti Koskenniemi have
also contributed support in their own work. TWAIL as a loose network of scholars
has had several conferences thus far.
REAL TIME EXAMPLE
The requirement to wear a face mask does not breach human rights
In recent days, we have heard a number of reports of people stating that the
requirement to wear a face mask or covering in metropolitan Melbourne or
Mitchell Shire is a breach of their human rights. However, this is a lawful directive
that does not violate any rights set out under Victorian or international human
rights law.
Under the current emergency restrictions in Victoria, the requirement for
residents to wear a face mask or covering when leaving the house for any of the
four permitted reasons is a lawful directive that does not violate any rights set out
under Victoria’s Charter of Human Rights and Responsibilities or any international
human rights instruments.
The Victorian Charter requires public authorities – such as Victoria Police or the
Department for Health and Human Services – to take proactive steps to safeguard
rights, which includes the right to life. Directions given to wear a face covering,
and to ensure compliance with this directive, are appropriate steps being taken to
protect the health of all Victorians and are in keeping with the human rights
responsibilities of these organizations.
There are however some exceptions to this requirement – for example, if you
have a relevant medical condition that affects your ability to wear a mask. This
could include a medical condition that makes it difficult to breathe, a serious skin
condition, or a disability or mental health condition.
There are also exceptions if you are communicating with a person with a hearing
impairment, where they need to be able to see your mouth for communication;
and if you are involved in strenuous exercise such as jogging, running or cycling.
Shops, businesses, and workplaces are able to refuse entry to a person not
wearing a mask in order to protect the health of their staff and other customers.
There are only a few, limited exceptions to this:
If you are unable to wear a face mask or covering because of a disability, and
you’re refused service in a shop because you’re not wearing a mask, this could be
an example of disability discrimination. The Equal Opportunity Act makes is
unlawful to discriminate against someone because of a disability – but you would
need to be able to show the close link between your disability and your inability to
wear a mask.
Employers can lawfully direct employees to wear face coverings when at work.
However, there are also exceptions to this requirement – for example, if an
employee has a relevant medical condition, or if it would create a risk to the
employee’s health and safety as determined through work health and safety
guidelines. If the profession requires employees to enunciate clearly or to have
their mouth visible, they may also be exempt for the requirement to wear a face
mask or covering.
When deciding whether to issue a fine to someone not wearing a face mask or
covering, Victoria Police must consider the human rights in Victoria’s Charter of
Human Rights and Responsibilities. As a public authority, Victoria Police must act
compatibly with the fundamental rights protected by the Charter.
3.3 Scope of UN Laws
• ENVIRONMENTAL LAW
• SPACE LAW
• WAR CRIMES
• INTERNATIONAL TRADE LAW
• JUDICIAL SYSTEM
• LAW OF THE SEA
• LAW OF TREATIES
• INTERNATIONAL CRIMINAL COURTS
International Environmental Law
Environmental law - or "environmental and natural resources law" -

is a collective term describing the network of treaties, statutes, regulations, and
common and customary laws addressing the effects of human activity on the
natural environment. Environmental legislation is a collection of many laws and
regulations aimed at protecting the environment from harmful actions.
Objective of Regulations: Protection of the Environment
A series of major environmental disasters through the early 20th century raised
awareness of other environmental issues besides resource conservation.
A dense smog from a zinc plant in Donora, Pennsylvania in 1948 sickened
thousands.This was one of the deadliest incidents of air pollution, the introduction
of particles or gases into the atmosphere that are harmful to living organisms.
Radioactive fallout from nuclear bomb testing in the Marshall Islands exposed native
islanders and Navy sailors to radioactive fallout.This material was carcinogenic,
meaning it increased the risk of cancer.
A major oil spill near the city of Santa Barbara in 1969, coupled a fire on the
Cuyahoga river that same year left powerful images of the effects of water
pollution, the contamination of lakes, rivers, oceans, and groundwater.
Rachel Carson published the book “Silent Spring” in 1962, documenting the effects
that indiscriminate spraying of pesticides like DDT were having effect on the
environment. Many of these pesticides were persistent pollutants, meaning they
resist normal environmental degradation
Many species, such as the whooping crane, nearly disappeared completely from the
wild due to overhunting and habitat loss.This raised awareness of the problem of
extinction.
Elevated rates of extinction reduce the biodiversity, or variety of species found in a

particular habitat or ecosystem
Global Extinction Rate of species
 There is no accurate estimation of species extinction rate
 Reported numbers are from model runs.
 One of the report published on Aug 2015, suggest numbers as high as 8700
species a year or 24 a day.
 Rapid increases in the population size of countries like India and China caused
fears of human overpopulation and famine, an extreme scarcity of food.
One prediction from the book, The Population Bomb:
 “The battle to feed all of humanity is over. In the 1970s hundreds of millions
of people will starve to death in spite of anycrash programs embarked upon
now.At this late date nothing can prevent a substantial increase in the world
death rate...”
In 1978, homes in the city of Love Canal, New York, were abandoned due to leakage
from a massive chemical waste dump near the elementary school. This was
hazardous waste; compounds that are especially dangerous to the environment
and human health.
A series of laws were passed in response to the modern environmentalism
movement.
The Safe Drinking Water Act, which regulates the testing and contents of municipal
tap water.
The Clean Water Act, which restricts pollution of surface waters.
The Clean Air Act, which restricts pollution of the atmosphere.
The Resource Conservation and Recovery Act, which describes rules for handling
toxic and hazardous waste.
The Endangered Species Act, which lists species at risk for extinction and plans for
their recovery.
The creation of the Environmental Protection Agency (EPA), which is charged with
enforcing these and other laws.
Events of note in India :

Bhopal Gas Tragedy 1984
A good example is the 1984 explosion of a pesticide factory located near the town
of Bhopal, India.
Environmental regulations, worker protections, and government inspections were
minimal. Chemicals that leaked into the air resulted in an immediate death toll in
the thousands. A total of 558,125 injuries were reported to the Indian government.
A settlement of $470 million was reached by Union Carbide and the Indian
government, although originally $3.3 billion was claimed. Social transformation
occurs only when thinking humanity remains capable of suffering and the suffering
humanity begins to think.”
Rio Conference, 1992
United Nations Conference on Environment and Development (UNCED), Rio de

Janeiro, 3-14 June 1992. Informal name, The Earth Summit.Rio Declaration on
Envt. and Development
The United Nations Conference on Environment and Development, Having met at
Rio de Janeiro from 3 to 14 June 1992,Reaffirming the Declaration of the United
Nations Conference on the Human Environment, adopted at Stockholm on 16 June
1972, and seeking to build upon it,With the goal of establishing a new and
equitable global partnership through the creation of new levels of cooperation
among States, key sectors of societies and people,Working towards international
agreements which respect the interests of all and protect the integrity of the global
environmental and developmental system,Recognizing the integral and
interdependent nature of the Earth, our home,Environmental concerns are
categorized under the following:
Protection of various environmental media
Atmosphere
Land resources
Forests
Biological diversity
Freshwater resources
Oceans, seas, and marine living resources
Regulation of activities and products
Biotechnology
Toxic chemicals
Agricultural products
Hazardous waste
Solid waste and sewerage related issues
Radioactive waste
National vs. International Law
National law is law that is adopted by the government of an individual country.
Common examples of national law are federal and state legislation and judicial
decisions. Agency regulations and executive orders would also fall within this
category. International law, on the other hand, concerns agreements among
different nations, or between citizens or corporations of different nations. Because
the field of international environmental law focuses on the relations and agreements
among nations, it is part of public international law.
Primary International Agency:
UNEP – United Nations Environment Program http://www.unep.org/
Involved in Programmes on Sustainable Consumption and Production
http://www.scpclearinghouse.org/
Non-Profits involved:
Center for International Environmental Law
http://www.ciel.org/
Conditions Which Have Contributed To The Emergence Of
International Environmental Law
Realization that ecological interdependence does not respect national boundaries.
Issues previously considered to be matters of domestic concern are no longer
confined to national boundaries and have international implications
These can only be addressed by international law and regulation.The process of
developing international legal principles have been
Piecemeal
Gradual
Often reactive to incidents or availability of new scientific evidence. Development
has been gradual
International law and developments at the international level have influenced
Indian law
 Legislation
 Judicial decisions
 Executive decisions
INDIAN ENVIRONMENTAL LAW. ARTICLE 253
Article 253 has been used to enact most of the legislations in the field of
environment
 Air (Prevention and Control of Pollution) Act, 1981
 Environment (Protection) Act, 1986
 Biological Diversity Act, 2002
 National Green Act, 2010
 Judiciary is playing a major role in the development of Indian

Environmental law
 Judicial activism
JUDICIAL DECISIONS
• If the mere enactment of the laws relating to protection of environment was to

ensure a clean and pollution free environment, then India would, perhaps, be
the least polluted country in the world.
• But this is not so. There are stated to be over 200 Central and State statutes
which have at least some concern with environment protection, either directly
or indirectly.
• Permanent Sovereignty over Natural Resources
• Precautionary Principle
• Sustainable Development
SOVEREIGNTY OVER NATURAL RESOURCES

State’s sovereign right to exploit natural resources and the duty not to cause
transboundary environmental damage
Principle 21 Stockholm Declaration
States have, in accordance with the Charter of the United Nations and the principles
of international law, the sovereign right to exploit their own resources pursuant to
their own environmental policies, and the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment of
other States or of areas beyond the limits of national jurisdiction.
Principle 2 Rio Declaration
States have, in accordance with the Charter of the United Nations and the principles
of international law, the sovereign right to exploit their own resources pursuant to
their own environmental and developmental policies, and the responsibility to
ensure that activities within their jurisdiction or control do not cause damage to the
environment of other States or of areas beyond the limits of national jurisdiction.
Precautionary Principle
Principle 15 of Rio
In order to protect the environment, the precautionary approach shall be widely
applied by States according to their capabilities. Where there are threats of serious
or irreversible damage, lack of full scientific certainty shall not be used as a reason
for postponing cost-effective measures to prevent environmental degradation.
Polluter Pays Principle
 Cost of pollution should be born by the person causing pollution
 Doubtful as to whether reached the status of a customary principle of

international law
 Principle 16 Rio
National authorities should endeavor to promote the internalization of

environmental costs and the use of economic instruments, taking into account the
approach that the polluter should, in principle, bear the cost of pollution, with due
regard to the public interest and without distorting international trade and
investment
 PPP means that the absolute liability for harm to the environment extends not
only to compensate the victims of pollution but also the cost of restoring the
environmental degradation.
 Remediation of damaged environment is part of the process of sustainable

development and as such polluter is liable to pay the cost to the individual
sufferers as well as the cost of reversing the damaged ecology
Sustainable Development
 Brundtland Report (1987)
 Four recurring themes (Philippe Sands)
 The need to preserve natural resources for the benefit of future

generations (the principle of inter-generational equity)
 the ‘equitable’ use of natural resources , which implies that use by one
state must take account of the needs of other states (the principle of
equitable use, or intra-generational equity)
 the need to ensure that environmental considerations are integrated into

economic and other development plans, programmes and projects, and that
development needs are taken into account in applying environmental
objectives (the principle of integration)
 International environmental law, to put it differently, is today subordinated to

corporate interests, which dictate the high consumption patterns in rich
countries. It cannot, therefore, bring about an accordant relationship between
humankind and nature.
 12th Five Year Plan (2012 – 2017)
 Faster, More Inclusive and Sustainable Growth
 suggests that there are significant 'co- benefits' for climate action with
inclusive and sustainable growth
Economic Survey
For the first time chapter on Sustainable Development and Climate Change
(2011 -12)Diesel subsidy: Diesel prices need a large adjustment now (as China, for
example, has recently undertaken), given subsidies, pollution and public health
costs. Charging high road and vehicle taxes is another option (that Singapore uses).
2012-13
 Financing climate change adaptation and mitigation measures
 Estimates that to meet the NAPCC objectives would require Rs.

230,000 crores
 Government budgetary support
 Carbon taxes: National Clean Energy Fund; cess on coal
 Market mechanisms: Perform Achieve and Trade (PAT) and

Renewable Purchase Obligation (RPO)
 The National Green Tribunal Act, 2010
 The Tribunal shall, while passing any order or decision or award,

apply the principles of sustainable development, the precautionary
principle and the polluter pays principle.
SPACE LAW TREATIES AND PRINCIPLES

The Committee on the Peaceful Uses of Outer Space is the forum for
the development of international space law. The Committee has concluded five
international treaties and five sets of principles on space-related activities. Five
treaties deal with issues such as the non-appropriation of outer space by any one
country, arms control, the freedom of exploration, liability for damage caused by
space objects, the safety and rescue of spacecraft and astronauts, the prevention of
harmful interference with space activities and the environment, the notification and
registration of space activities, scientific investigation and the exploitation of natural
resources in outer space and the settlement of disputes. Each of the treaties
stresses the notion that outer space, the activities carried out in outer space and
whatever benefits might be accrued from outer space should be devoted to
enhancing the well-being of all countries and humankind, with an emphasis on
promoting international cooperation.
TREATIES
The treaties commonly referred to as the "five United Nations treaties on outer
space" are:
The "Outer Space Treaty"
 Treaty on Principles Governing the Activities of States in the Exploration and

Use of Outer Space, including the Moon and Other Celestial Bodies
 Adopted by the General Assembly in its resolution 2222 (XXI), opened for
signature on 27 January 1967, entered into force on 10 October 1967
The "Rescue Agreement"
 Agreement on the Rescue of Astronauts, the Return of Astronauts and the

Return of Objects Launched into Outer Space
 Adopted by the General Assembly in its resolution 2345 (XXII), opened for
signature on 22 April 1968, entered into force on 3 December 1968
The "Liability Convention"
 Convention on International Liability for Damage Caused by Space Objects

Adopted by the General Assembly in its resolution 2777 (XXVI), opened for signature
on 29 March 1972, entered into force on 1 September 1972
The "Registration Convention"
 Convention on Registration of Objects Launched into Outer Space

 Adopted by the General Assembly in its resolution 3235 (XXIX), opened for
signature on 14 January 1975, entered into force on 15 September 1976
The "Moon Agreement"
 Agreement Governing the Activities of States on the Moon and Other Celestial
Bodies
 Adopted by the General Assembly in its resolution 34/68, opened for signature
on 18 December 1979, entered into force on 11 July 1984.
3.4 UN Agencies to monitor compliance
At the international level, various bodies within the United Nations system
monitor the compliance of states with their human rights obligations. These are in
particular the so-called treaty bodies, but also the Human Rights Council, the
General Assembly and the Security Council. International human rights NGOs are
likewise essential for monitoring human rights practices. On the regional level, the
organs of the European, Inter-American, and African human rights protection system
are important since the rulings of regional human rights courts are binding for the
member states.
Treaty bodies in the international system of human rights
protection
The treaty bodies are expert panels created based on the respective
human rights treaty. They examine and evaluate the state reports about states’
implementation of treaty obligations and subsequently issue their comments in so-
called Concluding Observations. Most treaty bodies also decide upon individual
complaints and some may take the initiative to initiate themselves inquiries into
human rights violations.
The UN High Commissioner for Human Rights, General

Assembly and Security Council
The UN High Commissioner for Human Rights (OHCHR) is in charge of
the coordination of human rights work within the system of the United Nations.
Besides the head office in Geneva, it maintains regional and country offices and
offers technical support for the implementation of human rights.
The UN General Assembly (GA) adopts human rights treaties by resolution.
Furthermore, the General Assembly discusses and decides on many human rights
issues. Last but not least, the UN Security Council (SC) can impose political,
economic or military sanctions against states that systematically violate human
rights, as it has done in 2011 against Libya in Resolution 1970.
The Office of the High Commissioner for Human Rights (OHCHR) works
to offer the best expertise and support to the different human rights monitoring
mechanisms in the United Nations system : UN Charter-based bodies, including the
Human Rights Council, and bodies created under the international human rights
treaties and made up of independent experts mandated to monitor State parties'
compliance with their treaty obligations. Most of these bodies receive secretariat
support from the Human Rights Council and Treaties Division of the Office of the
High Commissioner for Human Rights (OHCHR).
Charter bodies include the former Commission on Human Rights, the
Human Rights Council, and Special Procedures. The Human Rights Council, which
replaced the Commission on Human Rights, held its first meeting on 19 June 2006.
This intergovernmental body, which meets in Geneva 10 weeks a year, is composed
of 47 elected United Nations Member States who serve for an initial period of 3
years and cannot be elected for more than two consecutive terms. The Human
Rights Council is a forum empowered to prevent abuses, inequity and discrimination,
protect the most vulnerable, and expose perpetrators.
Treaty-based bodies
There are nine core international human rights treaties, the most recent one
on enforced disappearance entered into force on 23 December 2010. Since the
adoption of the Universal Declaration of Human Rights in 1948, all UN Member
States have ratified at least one core international human rights treaty, and 80
percent have ratified four or more. There are currently ten human rights treaty
bodies, which are committees of independent experts. Nine of these treaty bodies
monitor implementation of the core international human rights treaties while the
tenth treaty body, the Subcommittee on Prevention of Torture, established under the
Optional Protocol to the Convention against Torture, monitors places of detention in
States parties to the Optional Protocol.
The treaty bodies are created in accordance with the provisions of the treaty
that they monitor. OHCHR supports the work of treaty bodies and assists them in
harmonizing their working methods and reporting requirements through their
secretariats. There are other United Nations bodies and entities involved in the
promotion and protection of human rights
3.5 Monitoring the core international human rights treaties
What are the treaty bodies?

The human rights treaty bodies are committees of independent experts that monitor
implementation of the core international human rights treaties. Each State party to a
treaty has an obligation to take steps to ensure that everyone in the State can enjoy
the rights set out in the treaty.
There are ten human rights treaty bodies composed of independent experts of
recognized competence in human rights, who are nominated and elected for fixed
renewable terms of four years by State parties
Which treaties do they monitor?
Committee on the Elimination of Racial Discrimination (CERD) monitors
implementation of the International Convention on the Elimination of All Forms of
Racial Discrimination (4 January 1969);
Committee on Economic, Social and Cultural Rights (CESCR) monitors
implementation of the International Covenant on Economic, Social and Cultural
Rights (3 January 1976);
Human Rights Committee (CCPR) monitors implementation of the International
Covenant on Civil and Political Rights (23 March 1976) and its optional protocols;
Committee on the Elimination of Discrimination against Women (CEDAW) monitors
implementation of the Convention on the Elimination of All Forms of Discrimination
against Women (1979) and its optional protocol (3 September 1981);
Committee against Torture (CAT) monitors implementation of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment (26 June 1987);
Committee on the Rights of the Child (CRC) monitors implementation of the
Convention on the Rights of the Child (2 September 1990) and its optional protocols
(12 February 2002);
Committee on Migrant Workers (CMW) monitors implementation of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families (1 July 2003);
The Subcommittee on Prevention of Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (SPT) established pursuant to the Optional Protocol of the
Convention against Torture (OPCAT) (22 June 2006) visits places of detention in
order to prevent torture and other cruel, inhuman or degrading treatment or
punishment;
Committee on the Rights of Persons with Disabilities (CRPD) monitors
implementation of the International Convention on the Rights of Persons with
Disabilities (3 May 2008);
Committee on Enforced Disappearances (CED) monitors implementation of the
International Convention for the Protection of All Persons from Enforced
Disappearance (23 December 2010); and
The treaty bodies meet in Geneva, Switzerland. All the treaty bodies receive support
from the Human Rights Treaties Division of OHCHR in Geneva.
ASSIGNMENT
1) Explain the Importance International Trade law with suitable

examples.
2) Explain the significance of law of the sea in terms of International

Cooperation as well as environmental protection of sea.
3) Explain in detail the importance and functions of UN commission on

the status of women.
4) Human rights committee can deal with complaints from individuals.

Support this statement
PART A
1) Which led to a strong movement for the international protection of fundamental
human rights? [CO3, K1]
Ans: A key principle of the human rights movement is its appeal to universality: the
idea that all human beings should struggle in solidarity for a common set of basic
conditions that has to be followed by all.
2) List out the seven references highlighted in the original conception of the UN
charter. [CO3, K1]
Ans: The Charter of the United Nations (also known as the UN Charter) is the
foundational treaty of the United Nations, an intergovernmental organization.[1]
Consisting of a preamble and 19 chapters divided into 111 articles, it establishes the
purposes, governing structure, and overall framework of the UN system, including its
six principal organs: the Secretariat, the General Assembly, the Security Council, the
Economic and Social Council, the International Court of Justice, and the Trusteeship
Council.
3) What is the preamble of the UN charter?[CO3, K1]
Ans: Accordingly, our respective Governments, through representatives assembled in

the city of San Francisco, who have exhibited their full powers found to be in good
and due form, have agreed to the present Charter of the United Nations and do
hereby establish an international organization to be known as the United Nations.
4) Explain Article 1(3) of the UN charter.[CO3, K1]
Ans: To maintain international peace and security, and to that end: to take effective
collective measures for the prevention and removal of threats to the peace, and for
the suppression of acts of aggression or other breaches of the peace, and to bring
about by peaceful means, and in conformity with the principles of justice and
international law, adjustment or settlement of international disputes or situations
which might lead to a breach of the peace.
5) Generalize article 13(2) chapter IX and chapter X of UN charter. [CO3, K1]
Ans: The General Assembly shall initiate studies and make recommendations for the
purpose of promoting international co-operation in the economic, social, cultural,
educational, and health fields, and assisting in the realization of human rights and
fundamental freedoms for all without distinction as to race, sex, language, or
religion.
PART A
6) Explain article 55 and 56 of UN charter. [CO3, K1]
Ans: Article 55
With a view to the creation of conditions of stability and well-being which

are necessary for peaceful and friendly relations among nations based on respect for
the principle of equal rights and self-determination of peoples, the United Nations
shall promote, universal respect for, and observance of, human rights and
fundamental freedoms for all without distinction as to race, sex, language, or
religion.
Article 56
All Members pledge themselves to take joint and separate action in co-operation
with the Organization for the achievement of the purposes set forth in Article 55.
7) What is article 2(7) of UN charter? . [CO3, K2]
Ans: Article 2 (7) states that the United Nations has no authority to intervene in
matters which are within the domestic jurisdiction of any State, while this principle
shall not prejudice the application of enforcement measures under Chapter VII of
the Charter.
8) List out the UN bodies primarily. [CO3, K2]
Ans: General Assembly. The General Assembly is the main deliberative, policymaking
and representative organ of the UN. ...
Security Council.
Economic and Social Council.
Trusteeship Council.
International Court of Justice.
Secretariat.
9) When was UN commission on human rights established and by whom? [CO3, K1]
Ans: It met for the first time in January 1947 and established a drafting committee
for the Universal Declaration of Human Rights, which was adopted by the United
Nations on December 10, 1948.
PART A
10) Write the functions of UN high commissioner of human rights. [CO3, K1]
Ans: The United Nations High Commissioner for Human Rights, accountable to the
Secretary-General, is responsible for all the activities of the OHCHR, as well as for its
administration, and carries out the functions specifically assigned to him or her by
the UN General Assembly in its resolution 48/141 of 20 December 1993 and
subsequent resolutions of policy-making bodies.
11Summarize the recommendations and reports that can be prepared by UN

commission of human rights. [CO3, K2]
des droits de l’Homme et du citoyen) is one of the most important papers of the
12) Write about the commission on the status of women.[CO3, K1]
Ans: The Commission on the Status of Women (CSW) is the principal global
intergovernmental body exclusively dedicated to the promotion of gender equality
and the empowerment of women. A functional commission of the Economic and
Social Council (ECOSOC), it was established by ECOSOC resolution 11(II) of 21 June
1946.


PART A
16) Categorize the member states of UN commission on status of women. [CO3, K1]
Ans: Forty-five Member States of the United Nations serve as members of the
Commission at any one time. The Commission consists of one representative from
each of the 45 Member States elected by the Economic and Social Council on the
basis of equitable geographical distribution:
13 members from Africa

11 from Asia
nine from Latin America and Caribbean
eight from Western Europe and other States
four from Eastern Europe

occupation.
18) Write the functions of the commission on the status of women[CO3, K1]
Ans: The Commission on the Status of Women (CSW) is the world's main policy-
making body dedicated exclusively to gender equality and the advancement of
women. It is part of the United Nations, and works to promote women's political,
economic, civil, social and educational rights.
19) Criticize the statement “ Fifty years after its creation , the United Nations continues to
deny itself the benefits of women’s leadership”. [CO3, K1]
Ans: On average, women's salaries are 30 to 40 per cent lower than these of men,
for the same work.

PART B
1. Describe the following references that are highlighted in the original conception
of UN charter. [CO3, K2]
2. Compare Human rights of UN charter and domestic Jurisdiction. [CO3, K2]
3. Describe about UN commission on human rights. [C03, K2]
4. Explain in detail the importance and functions of UN commission on the status of
women. [CO3, K2]
5. Highlight the importance and functions of UN sub commission on prevention of
discrimination and protection of minorities. [CO3, K2]
6. Generalize the roles and responsibilities of UN high commissioner for human
rights. [CO3, K2].
7. To what extend do states comply with the views of the human rights committee.
Support your answer with examples. [C03, k3]
UNIT - III
 COURSE ERA: INTERNATIONAL WOMEN’S HEALTH AND HUMAN RIGHTS
BY Annie Firth Murray, Professor, Stanford University, Online Learning

Platform.
https://www.coursera.org/learn/womens-health-human-
rights
to industry
Website :
https://www.unoosa.org/oosa/en/informationfor/students.html
FELLOWSHIPS
COMPETITIONS
UNOOSA INTERNSHIPS
CONTENT BEYOND SYLLABUS – UNIT - III
1) Space Law
2) International Trade Law
ASSESSMENT SCHEDULE
ASSESSMENT DATES
SECOND INTERNAL
ASSESSMENT
MODEL EXAMINATION
New Delhi.
Publications.
Thank you
Disclaimer:
GE 8074 –
HUMAN RIGHTS
Created by: Ms. D. Nageswari

Asst. Professor
Table of Contents
Slide No
Course Objectives 6
Pre Requisites -
Syllabus 7
Course Outcomes 8
Lecture Plan 10
Lecture Notes 12
Assignment 38
Part A Q & A 39
Part B Qs 44
and to industry 46

COURSE OBJECTIVES

Rights.
SYLLABUS
3003
UNIT I 9
UNIT II 9
UNIT III 9
UNIT IV 9
Guarantees.
UNIT V 9
Movements.
TOTAL : 45 PERIODS
COURSE OUTCOMES
Highest
Level

CO1 K2

CO2 K2
of human rights


CO4 K2

CO5 K3

CO6 K3
Program

Course Outcomes
Outcomes
K3,
K3 K4 K5 K5 K5, A3 A2 A3 A3 A3 A3 A2
PSO-1
PSO-2
PSO-3
K6
PO-10
PO-11
PO-12
PO-1
PO-2
PO-3
PO-4
PO-5
PO-6
PO-7
PO-8
PO-9
CO1 K2 - - 1 - - 2 - - - - - - - - 2
CO2 K2 - - 1 - - 2 - - - - - - - - 2
CO3 K3 - - 2 - - 3 - - - - - - - - 3
CO4 K2 - - 1 - - 2 - - - - - - - - 2
CO5 K3 - - 2 - - 3 - - - - - - - - 3
CO6 K3 - - 2 - - 3 - - - - - - - - 3
LECTURE PLAN
UNIT – IV
Highes
Proposed Pertain t
S. Actual Mode of
Lecture Topic ing Cognit
No Lecture Delivery
Date CO(s) ive
Level
Introduction to
1 Human Rights CO4 K2 PPT
in India
Human Rights PPT
2 and the Indian CO4 K2
Constitution
Fundamental PPT
3 CO4 K2
Rights in India
Categories of
4 Fundamental CO4 K2 PPT
Rights in India
Protection of
5 CO4 K2 PPT
Rights in India
Constitutional
Provisions on
6 CO4 K2 PPT
Education in
India
Constitutional
Provisions for
7 CO4 K2 PPT
the welfare of
children
Important
constitutional
8 and legal CO4 K2 PPT
provisions for
women In India
Summary &
9 CO4 K2 PPT
Case Study
ACITIVITY BASED LEARNING
Class Room Constitution
Importance of Durati No of Short Description Preparation Materials
Constitution and on Partici
Frame work pants
Make copies
Understand the
of the sheet Make sure
importance of
to prepare there is a
having rules to
20-30 agreed copy of
Constitution 10-20 maintain order at
min Statements the sheet
home, in
about for each
community, and in
different participant
country
Issues
ACTIVITY AIM:
 To help the participants realize importance of Constitution.
 To enable the participants to understand the power of Constitutional
provisions and rights
HOW:
 Review the importance of having rules and the Constitution.
 We will help them understand how and why the Indian Constitution was
written.
 Write the following heading on the board or on chart paper: "What kinds of
rules do we need in our classroom to maintain order and fairness?"
 Review, if needed, the meaning of the words "order" and "fairness." Refer to
the brief math game that was played the previous day.
 Ask them to think about this question while you are reading the book to
them.
SUMMING UP AND REFLECTION
 Brainstorm with the class what their thoughts were about rules they need in
their classroom to maintain order and fairness.
 Write their responses underneath the heading on the board or chart paper.
Then place students in groups of 2–4. Instruct them to choose three rules
from the list they brainstormed and generate three Classroom Standards.
 Each standard should be stated in the positive. For example, if one of their
rules was "Don't yell in the classroom," then a positively stated Classroom
Standard would be "We use our inside voices in the classroom." See the
Examples of Classroom Standards printable for more suggestions.
 Go through the chart and share answers. Ask participants to mention the
ones they found particularly difficult and share ideas,
SOME POINTS TO MAKE

 Human rights are all around us and affect our daily lives.
 There are lots of issues raised by human rights.
 Our assumptions about them may be questioned by someone else, within
legal frame work.
LECTURE NOTES
UNIT – IV
4. Human Rights In INDIA
4.1. Introduction of Human Rights in India
4.1.1. Origin and Development of Human Rights in India
4.1.2. Ancient Hindu Law of Human Rights
4.2. History of Rights In India
4.2.1. Human Rights in British India
4.3. Importance of Rights
4.4. Motilal Nehru Committee
4.5. Human Rights and the Indian Constitution
4.5.1. India and the Universal Declaration
4.6. Fundamental Rights
4.7. Categories of Fundamental Rights
4.7.1. Right to Equality (Articles 14-18)
4.7.2. Right to freedom (Articles 19-22)
4.7.3. Article 19(1)(a)
4.7.4. Right against exploitation (Articles 23 & 24)
4.7.4.1. Article 23 – Prohibition of traffic in human beings and
forced labour
4.7.4.2. Article 24 – Prohibition of employment of children in
factories, etc.
4.7.5. Article 23(2) In detail
4.7.6. Article 24 in detail
4.7.7. Right to freedom of Religion (Articles 25-28)
4.7.8. Cultural & Educational Rights (Articles 29 & 30)
4.7.9. Right to constitutional Remedies
4.8. Protection of Rights In India
4.8.1. National Human Rights Commission
4.8.2. Directive Principles of State Policy (DPSP)
LECTURE NOTES
UNIT – IV
4.9. Constitutional Provisions
4.10. Preamble
4.10.1. Political Rights
4.10.2. Economic Rights
4.10.3. Social Justice
4.11. Constitutional Rights and safeguards provided to the minorities in India
4.11.1. Constitutional safeguards for religious and linguistic minorities of
India
4.11.2. Common domain and separate domain of rights of minorities
provided in the constitution
4.11.2.1. Common domain, the directive principles of State
Policy – Part IV of the constitution
4.11.2.2. Common domain, the fundamental Duties – Part IVA
of the constitution
4.11.2.3. Common domain, the fundamental Rights – Part III of
the Constitution
4.11.2.4. Separate domain of Minority Rights
4.11.3. India’s multi – culturalism interwoven in the constitution
4.11.4. Protection of weaker sections in Indian pluralistic society
4.12. Major Constitutional Provisions On Education In India
4.12.1. Free and compulsory Education
4.12.2. Education of Minorities
4.12.3. Education for weaker sections
4.12.4. Women’s education
4.13. Constitutional Provisions for the welfare of children
4.14. Important constitutional and legal provisions for women In India
4.14.1. Constitutional Provisions
4.14.2. Legal Provisions
4.14.3. Special Initiatives for Women
4.15. The constitution Guarantees
4. HUMAN RIGHTS IN INDIA
4.1. Introduction of Human Rights in India
Since the days of the Indus Valley Civilization, Indian culture has been the product
of a synthesis of diverse cultures and religions that came into contact with the
enormous Indian sub continent over a very long stretch of time. As Jawaharlal
Nehru notes, there is ”an unbroken continuity between the most modern and the
most ancient phases of Hindu thought extending over three thousand years.” The
rights of man have been the concern of all civilizations from time immemorial.” The
concept of the rights of man and other fundamental rights was not unknown to the
people of earlier periods.” The Babylonian Laws and the Assyrian laws in the Middle
East, the ”Dharma” of the Vedic period in India and the jurisprudence of Lao-Tze and
Confucius in China, have championed human rights throughout the history of human
civilization.
The Indian concept perceives the individual, the society and the universe as an
organic whole,. Everyone is a child of God and all fellow beings are related to one
another and belong to a universal family. In this context, Mahatma Gandhi remarks,
”I do not want to think in terms of the whole world. My patriotism includes the good
of mankind in general. Therefore my service to India includes the services of
humanity.”
4.1.1. Origin and Development of Human Rights in India
The Buddhist doctrine of non-violence in deed and thought says Nagendra Singh, ”is
a humanitarian doctrine par excellence, dating back to the third century B.c.” Jainism
too contained similar doctrines. According to the Gita,”he who has no ill will to any
being, who is friendly and compassionate, who is free from egoism and self sense
and who is even-minded in pain and pleasure and patient” is dear to God. It also
says that divinity in humans is represented by the virtues of non-violence,truth,
freedom from anger, renunciation, aversion to fault-finding,compassion to living
being:;, freedom from covetousness, gentleness,modesty and steadiness -the
qualities that a good human being ought to have. The historical account of ancient
Bharat proves beyond doubt that human rights were as muck manifest in the
ancient Hindu and Islamic civilizations as in the European Christian civilizations.
Ashoka, the prophet Mohammed and Aktbar cannot be excluded from the geneology
of human rights.
4.1.2. Ancient Hindu Law of Human Rights
Scholars who have spent long time in lucubration on the Hindu ”Dharmasastras” and
the ”Arthasastras” and other legal treatises of the past have discovered an amazing
system, which, interalia, regulates the duties of Kings, judges, subjects and judicial
as well as legal procedures. The central concept is Dharma, the functional focus of
which is social order. The message is ”Dharma” as the supreme value, which binds
kings and citizens, men and women. Hurnan rights gain meaning only when there is
an independent judiciary to enforce rights. Here, the Dharmasastras are clear and
categoric.
The independence of the judiciary was one of the outstanding features of the Hindu
judicial system. Even during the days of Hindu monarchy, the administration of
justice always remained separate from the executive. It was, as a rule, independent
both in form and spirit. It was the Hindu judicial system that first realized and
recognized the importance of the separation of the judiciary from the executive and
gave this fundamental principle a practical shape and form. The case of
Ananthapindika v. Jeta reported in the Vinaya-Pitaka, is a shining illustration of this
principle. According to it, a Prince and a private citizen submitted their cases before
the law court arid the court decided against the Prince. The Prince accepted the
decision as a matter of course and as binding on him. The evolution of the principle
of separation of the judiciary from the executive was largely the result of the Hindu
conception of law as binding on the sovereign. Law in Hindu jurisprudence was
above the sovereign. It was the ”Dharma.” The laws were then not regarded so
much as a product of supreme Parliaments and Legislatures as at present. Certain
laws were regarded as above all human authority.Such, for instance, were the
natural laws, which no Parliament, however supreme, could abolish.
”The State was not sacerdotal, nor even paternalistic; even the King was subject to
the law, as any other citizen and the ’Divine Right’ of Kings known to western
political science was unknown to India. On the whole, the aim of the ancient Indian
State may be said to have been less to introduce an improved social order, than to
act in conformity with the established moral order”. Duty is not a tyrant, but a
symbol of dignity to be discharged with affirmative joy. The realization of this vast
perspective is assured in the Dharmasastras by the wonderful scheme or co-
ordination of conduct adapted to different conditions, status and situations of life.
The scope of dharma takes in its vast sweep human rights as well.
4.2. HISTORY OF RIGHTS IN INDIA
During our freedom struggle, the leaders of the freedom movement had realised the
importance of rights and demanded that the British rulers should respect rights of
the people. The Motilal Nehru committee had demanded a bill of rights as far back
as in 1928. It was therefore, natural that when India became independent and the
Constitution was being prepared, there were no two opinions on the inclusion and
protection of rights in the Constitution.
The Constitution listed the rights that would be specially protected and called them
‘fundamental rights’.
4.2.1. Human Rights in British India
The modern version of human rights jurisprudence may be said to have taken birth
in India at tile time of the British rule. When the British ruled India, resistance to
foreign rule manifested itself in the form of demand for fundamental freedoms and
the civil and political rights of the people, Indians were humiliated and discriminated
against by the Britishers. The freedom movement and the harsh repressive
measures of the British rulers encouraged the fight for civil liberties and
fundamental freedoms.
Under the British rule, human rights and democracy were suspect and socialism was
an anathema. In the lndian cultural history, the British colonial period remains the
Indian equivalent of the ’Dark Ages’.Lord Macaulay rejected the ancient lndian legal
political system as ’dotages of brahminical superstition’, and condemned ancient
legal heritage and its inner core as an ’immense apparatus of cruel absurdities’.”
Lord Welesley condemned the Indians as vulgar, ignorant,rude and stupid and Lord
Cornwallis described as an axiom that every native of Hindustan is corrupt. The
English East India Company debarred Indians from high offices and deprived them
of their political, social and economic rights. The impression created in the Indian
minds was that their sacred inalienable human rights and vital interests had been
ignored, denied, and trampled upon for the sake of England and the English rulers.
Mahatma Gandhi organized the people of India under his leadership and launched
his non-violent struggle to achieve self government and fundamental rights for
themselves. Lokmanya Tilak advocated that ”freedom was the birth right of Indians
for which they will have to fight. It was because of the stiff opposition from the
people of India that the Charter Act of 1813 was enacted to promote the interest
and happiness of the native inhabitants of India. Similarly, the Government of India
Act, 1833 was passed to allow the Indians to enjoy some political rights. The
proclamation of Queen Victoria on 1st November 1858 contained :some principles of
state policy, which were similar to fundamental rights in nature.
The concrete demand for fundamental rights came logically in the wake of the
nationalist movement, which coincided with the birth of the Indian National
Congress in 1885. The Constitution of India Bill 1895 known as the ”Home Rule
Document” prepared by the Indian National Congress paved the way for a
constitution guaranteeing everyone of the citizens the basic human rights like
freedom of expression, inviolability of one’s own house, right to property and
equality before law.
The Government of India Act, 1915, in pursuance of the demands for fundamental
rights, guaranteed equality of opportunity in public services. A series of resolutions
adopted by the National Congress between 1917 and 1919 repeated the demand for
civil rights and equality of status with the English.
4.3. IMPORTANCE OF RIGHTS
A democracy must ensure that individuals have certain rights and that the
government will always recognise these rights.
Therefore it is often a practice in most democratic countries to list the rights of the
citizens in the constitution itself. Such a list of rights mentioned and protected by the
constitution is called the ‘bill of rights’. A bill of rights prohibits government from
thus acting against the rights of the individuals and ensures a remedy in case there
is violation of these rights. The rights of a person may be threatened by another
person or private organisation. In such a situation, the individual would need the
protection of the government. So, it is necessary that the government is bound to
protect the rights of the individual. On the other hand, the organs of the
government (the legislature, executive, bureaucracy or even the judiciary), in the
course of their functioning, may violate the rights of the person.
4.4. MOTILAL NEHRU COMMITTEE
In 1925 the Indian National Congress finalised the draft of Common Wealth of India
by adopting a ’Declaration of Rights.’ The Madras Session of the Congress held in the
year 1927 - demanded incorporation of a ’Declaration of Fundamental Rights’ in any
future constitutional framework. A committee under Motilal Nehru was appointed by
the National Congress to study the fundamental rights. It is interesting to note that
the Constitution 2f the Republic of India, enacted in 1950, incorporated ten of the
nineteen rights enumerated in the Motilal Nehru Committee Report, 1928. The rights
emphasized by the Motilal Nehru Committee Report were:
1. Personal liberty, inviolability of dwelling place and property
2. Freedom of conscience, and of profession and practice of religion
3. Expression of opinion and the right to assemble peaceably without arms and to
form associations
4. Free elementary education
5. Equality for all before the law and rights
6. Right to the writ of Habeas Corpus
7. Protection from punishment under ex-post facto laws
8. Non-discrimination against any person on grounds of religion, caste or creed in
the matter of public employment
9. Equality of right in the matter of access to and use of public roads, wells etc.
10. Freedom of combination and association for the maintenance and
implementation of labor and economic factors
11. Right to keep and bear arms
12. Equality of rights to man and woman
The Simon Commission, appointed by the British Government in 1927, however,
totally rejected the demands voiced by the Nehru Committee reports. In 1930 tie
Congress Working Committee gave the clarion call for the attainment of ’Purna
Swaraj.’ The Karachi Session of the Congress in 1931 adopted a detailed programme
of fundamental rights. The Government of India Act, 1935 was passed without any
bill of rights much to the disappointment of the Indian leaders. It was the ’Sapru
Committee’ of 1945 that subsequently stressed the need for a written code of
fundamental rights and the Constituent Assembly raised a forceful demand for the
inclusion of human rights in the Constitution.
4.5. HUMAN RIGHTS AND THE INDIAN CONSTITUTION
The Constitution of the Republic of India which came into force on 26th January
1950 with 395 Articles and 8 Schedules, is one of the most elaborate fundamental
laws ever adopted. The Preamble to the Constitution declares India to be a
Sovereign, Socialist, Secular and Democratic Republic. The term ’democratic’
denotes that the Government gets its authority from the will of the people. It gives a
feeling that they all are equal ”irrespective of the race, religion, language, sex and
culture.” The Preamble to the Constitution ledges justice, social, economic and
political, liberty of thought, expression, belief, faith and worship, equality of status
and of opportunity and fraternity assuring the dignity of the individual and the unity
and integrity of the nation to ail its citizens.
4.5.1. India and the Universal Declaration
India was a signatory to the Universal Declaration of Human Rights. A number of
fundamental rights guaranteed to the individuals in Part III of the Indian
Constitution are similar to the provisions of the Universal Declaration of Human
Rights. The following chart makes it very clear.
Universal Indian
No Name of Right
Declaration Constitution
1 Equality before law Article 07 Articles 14
2 Equality of opportunity in matters Article 21(2) Article 16(1)
of public employment
3 Protection of certain rights Article 19 Article 19(1) A
regarding freedoms of speech,
etc,
4 Protection in respect of Article 11(2) Article 20 (1)
conviction for offences
5 Protection of life and personal Article 9 Article 21
liberty
6 Prohibition of trafficking in Article 14 Article 23
human beings and forced labour
7 Freedom of conscience and free Article 18 Article 25 (1)
Profession practice and
propagation of religion
8 Protection of Interests of Article 22 Article 29 (1)
minorities
9 Right of minorities to establish Article 20(3) Article 30(1)
and administer Educational
Institutions
10 Right to property Article 17 (2) Not a fundamental
rights after
amendment 44,
but now in Article
300A
11 Remedies for enforcement of Article 8 Article 32
Table.rights conferred between
1 Similarities by this part
Universal Declarations of Human Rights and
Indian Constitution
Convention on Civil Indian
Rights
And Political Rights Constitution
Prohibition of trafficking in human beings Article 8(3) Article 23
and forced labor
Equality before law Article 14(1) Article 14
Prohibition of discrimination on ground of Article 26 Article 15
religion, race, caste, sex or place of birth
Equality of opportunity in matters of public Article 25(c) Article 16(1)
employment
Protection of certain rights regarding Article 19(1, 2) Article 19
freedom of speech
To assemble peaceably and without arms Article 21 Article 19 (1b)
To form association or unions Article 22(1) Article 19(1c)
To move freely throughout the territory of Article 12 (1) Article
India 19(1d,e,g)
Protection in respect of conviction for Article 15(1) Article
offences Article 14 (7) 20(1)(2)
No person accused of any offence shall be Article 14(3g) Article 20(3)
compelled to be a witness against himself
Protection of life and personal liberty Article 6 (1) Article 21
Article 9 (1)
Protection against arrest and detention in Article 9 (2,3,4) Article 22
certain cases
Freedom of conscience And free Article 18(1) Article 25
profession, practice and propagation of
religion
Table.2. Similarities between Convenant on Civil and Political Rights
and Indian Constitution
The table below shows that most of the economic, social and cultural rights
proclaimed in the Universal Declaration of Human Rights have been incorporated in
part IV of the Indian Constitution
Convention on Civil Indian

No Name of Right
And Political Rights Constitution
1 Equal pay for equal work Article 7a (1) Article39d
2 Provision for just and humane Article 7b Article 42
conditions of work and maternity
relief
3 Right to work, to education and Article 6(1) Article 41
public assistance in certain cases
4 Opportunity for children Article 10 (3) Article 41f
5 Compulsory education for children Article 13 (2a) Article 45
6 Living wage, etc, for workers Article 7(a)(11) Article 43
Article 7 (d)
7 Nutrition and standard of living Article 11
Table.3. Similarities between Convenant on Economics,Social and

Cultural Rights
In Keshavananda Bharati v. State of kerala, the Supreme Court observed, ”The

Universal Declaration of Human Rights may not be a legally binding instrument but it
shows how India understood the nature of human rights at the time the Constitution
was adopted.” In the case of Jolly George Varghese v. Bank of Cochin the point
involved was whether a right incorporated in the Covenant on Civil and Political
Rights,which is not recognized in the Indian Constitution, shall be available to the
individuals in India. Justice Krishna lyer reiterated dualism and asserted that the
positive commitment of the State Parties ignites legislative action at home but does
not automatically make the Covenant an enforceable part of the ’Corpus Juris’ in
India. Thus, although the Supreme Court has stated that the Universal Declaration
cannot create a binding set of rules and that even international treaties may at best
inform judicial institutions and inspire legislative action. Constitutional interpretation
in lndia has been strongly influenced by the Declaration. In the judgement given in
the Chairman, Railway Board and others v. Mrs.Chandrima as, the Supreme Court
observed that the Declaration has the international recognition as the Moral Code of
Conduct having been adopted by the General Assembly of the United Nations. The
applicability of the Universal Declaration of Human Rights and principles thereof may
have to be read, if need be, into the domestic jurisprudence. In a number of cases
the Declaration has been referred to in the decisions of the Supreme Court and
State High Courts.
India ratified the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights on March 27, 1979.
The Optional Protocol to the International Covenant on Civil and Political Rights,
1989, however, was not ratifled by lndia.
4.6. FUNDAMENTAL RIGHTS
The word fundamental suggests that these rights are so important that the
Constitution has separately listed them and made special provisions for their
protection. The Fundamental Rights are so important that the Constitution itself
ensures that they are not violated by the government.
Fundamental rights are the rights that grant individuals equality in every aspect
irrespective of race, colour, caste, religion, birthplace or gender. These rights are
mentioned under Articles 12 to 35 of the Indian Constitution. There are pre-defined
punishments in case of violation of these rights upon the discretion of the judiciary.
Fundamental Rights are different from other rights available to us. While ordinary
legal rights are protected and enforced by ordinary law, Fundamental Rights are
protected and guaranteed by the constitution of the country. Ordinary rights may be
changed by the legislature by ordinary process of law making, but a fundamental
right may only be changed by amending the Constitution itself. Besides this, no
organ of the government can act in a manner that violates them.
4.7. CATEGORIES OF FUNDAMENTAL RIGHTS
The Constitution offers all citizens, individually and collectively, some basic
freedoms. These are guaranteed in the Constitution in the form of six broad
categories of Fundamental Rights, which are justiciable. Article 12 to 35 contained in
Part III of the Constitution deal with Fundamental Rights. These are:
• Right to equality, including equality before law, prohibition of discrimination on
grounds of religion, race, caste, sex or place of birth, and equality of opportunity in
matters of employment.
• Right to freedom of speech and expression, assembly, association or union,
movement, residence, and right to practice any profession or occupation (some of
these rights are subject to security of the State, friendly relations with foreign
countries, public order, decency or morality).
• Right against exploitation, prohibiting all forms of forced labour, child labour and
traffic in human beings.
• Right to freedom of conscience and free profession, practice, and propagation of
religion.
• Right of any section of citizens to conserve their culture, language or script, and
right of minorities to establish and administer educational institutions of their choice;
and
• Right to constitutional remedies for enforcement of Fundamental Rights.
4.7.1. RIGHT TO EQUALITY (Articles 14 - 18)
The right to equality provides for the equal treatment of everyone before the law,
prevents discrimination on various grounds, treats everybody as equals in matters of
public employment, and abolishes untouchability, and titles. The list of associated
articles under the right to equality are provided below:
Article Brief description

Article 14 The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India
Article 15 The State shall not discriminate against any citizen on grounds only of
religion, race, sex, place of birth or any of them
Article 16 There shall be equality of opportunity for all citizens in matters relating
to employment or appointment to any office under the State
Article 17 Abolition of untouchability
Article 18 Abolition of all titles except military and academic
CASE STUDY
On August 11, the Supreme Court of India held that daughters, like sons, have an
equal right to inherit ancestral property. The legislation that conferred coparcenary
status on women dates back to 2005, when the Hindu Succession Act, 1956 was
amended. The verdict answers the question whether the coparcenary right of
daughters comes into effect only if the father — through whom the right is claimed
— was alive on the day the amendment came into force. The top court ruled that a
daughter’s right flows from her birth and not by any other factor. The verdict has
upheld the stand that coparcenary status of daughters is created by birth, and is not
dependent on whether the father was alive or not on the date on which it came into
force — a daughter has the same status as a son as soon as she is born. The
significance of this verdict is that it has put an end to all doubts about when the
amendment comes into force, and whether some women could be left out of it on
the ground that it can only have prospective application.
4.7.2. RIGHT TO FREEDOM (Articles 19 - 22)
The right to freedom guarantees freedom for citizens to live a life of dignity among
other things. These are given in Articles 19, 20, 21A and 22 of the Indian
Constitution. The list of associated articles under the right to equality are provided
below:
Article Brief description
Article 19 Protection of 6 rights concerning the freedom of:
1. Speech and expression
2. Assembly
3. Association
4. Movement
5. Residence
6. Profession
Article 20 Protection with respect to conviction for offences
Article 21 Right to life and personal liberty
Article 21A Right to elementary education
Article 22 Protection against arrest and detention in certain cases
CASE STUDY
Indian Express Newspapers v. Union of India
The Court, in this case, observed that, Article 19 of the Indian Constitution does not
use the phrase “freedom of press”16 in its language, but it is contained within
Article 19(1) (a). There cannot be any interference with the freedom of press in the
name of public interest. The purpose of the press is to enhance public interest by
publishing facts and opinions, without which a democratic electorate cannot take
responsible decisions. Similarly, imposition of pre-censorship of a journal18, or
prohibiting a newspaper from publishing its own views about any burning issue is a
restriction on the liberty of the press. It is, therefore, the primary duty of courts to
uphold the freedom of press and invalidate all laws or administrative actions which
interfere with it contrary to the constitutional mandate.
4.7.3. ARTICLE 19(1)(a)

According to Article 19(1)(a): All citizens shall have the right to freedom of speech
and expression.This implies that all citizens have the right to express their views and
opinions freely.
• This includes not only words of mouth, but also a speech by way of writings,
pictures, movies, banners, etc.
• The right to speech also includes the right not to speak.
• The Supreme Court of India has held that participation in sports is an expression
of one’s self and hence, is a form of freedom of speech.
• In 2004, the SC held that hoisting the national flag is also a form of this freedom.
• Freedom of the press is an inferred freedom under this Article.
• This right also includes the right to access information because this right is
meaningless when others are prevented from knowing/ listening. It is according to
this interpretation that the Right to Information (RTI) is a fundamental right.
• The SC has also ruled that freedom of speech is an inalienable right adjunct to the
right to life (Article 21). These two rights are not separate but related.
• Restrictions on the freedom of speech of any citizen may be placed as much by an
action of the state as by its inaction. This means that the failure of the State to
guarantee this freedom to all classes of citizens will be a violation of their
fundamental rights.
• The right to freedom of speech and expression also includes the right to
communicate, print and advertise the information.
• This right also includes commercial as well as artistic speech and expression.
4.7.4. RIGHT AGAINST EXPLOITATION (Articles 23 & 24)
The Right against Exploitation is enshrined in Articles 23 and 24 of the Indian
Constitution. These are important Fundamental Rights that guarantee every citizen
protection from any kind of forced labour. There are two articles of the Constitution
which guarantee the right against exploitation. They are described below:
4.7.4.1. Article 23 – Prohibition of traffic in human beings and forced
labour
• Article 23(1): Traffic in human beings and beggar and other similar forms of forced
labour are prohibited and any contravention of this provision shall be an offence
punishable in accordance with the law.
• Article 23(2): Nothing in this article shall prevent the State from imposing
compulsory service for public purposes, and in imposing such service the State shall
not make any discrimination on grounds only of religion, race, caste or class or any
of them.
4.7.4.2. Article 24 – Prohibition of employment of children in factories, etc.
Article 24 says that “No child below the age of fourteen years shall be employed to
work in any factory or mine or engaged in any other hazardous employment.”
• This Article forbids the employment of children below the age of 14 in any
hazardous industry or factories or mines, without exception.
• However, the employment of children in non-hazardous work is allowed.
4.7.5. ARTICLE 23(2) IN DETAIL
• Exploitation implies the misuse of others’ services by force and/or labour without
payment. There were many marginalised communities in India who were forced to
engage in manual and agricultural labour without any payment.Labour without
payment is known as beggar.Article 23 forbids any form of exploitation.
• Also, one cannot be forced to engage in labour against his/her will even if
remuneration is given.Forced labour is forbidden by the Constitution. It is considered
forced labour if the less-than-minimum wage is paid.
• This article also makes ‘bonded labour’ unconstitutional.Bonded labour is when a
person is forced to offer services out of a loan/debt that cannot be repaid.
• The Constitution makes coercion of any kind unconstitutional. Thus, forcing
landless persons into labour and forcing helpless women into prostitution is
unconstitutional.
• The Article also makes trafficking unconstitutional.
• Trafficking involves the buying and selling of men and women for illegal and
immoral activities.
• Even though the Constitution does not explicitly ban ‘slavery’, Article 23 has a wide
scope because of the inclusion of the terms ‘forced labour’ and ‘traffic’.
• Article 23 protects citizens not only against the State but also from private citizens.
• The State is obliged to protect citizens from these evils by taking punitive action
against perpetrators of these acts (which are considered crimes), and also take
positive actions to abolish these evils from society.
• Under Article 35 of the Constitution, the Parliament is authorized to enact laws to
punish acts prohibited by Article 23.
• Clause 2 implies that compulsory services for public purposes (such as conscription
to the armed forces) are not unconstitutional.
• Laws passed by the Parliament in pursuance of Article 23:
 Suppression of Immoral Traffic in Women and Girls Act, 1956
 Bonded Labour System (Abolition) Act, 1976
4.7.6. ARTICLE 24 IN DETAIL
Laws that were passed in pursuance of Article 24 in India.
The Factories Act, 1948
This was the first act passed after independence to set a minimum age limit for the
employment of children in factories. The Act set a minimum age of 14 years. In
1954, this Act was amended to provide that children below the age of 17 could not
be employed at night.
The Mines Act of 1952
This Act prohibits the employment of people under the age of 18 years in mines.
The Child Labour (Prohibition and Regulation) Act, 1986
This was a landmark law enacted to curb the menace of child labour prevalent in
India. It described where and how children could be employed and where and how
this was forbidden. This Act designates a child as a person who has not completed
his/her 14th year of age. The 1986 Act prohibits the employment of children in 13
occupations and 57 processes.
Child Labour (Prohibition & Regulation) Amendment Act, 2016
This Act completely forbids the employment of children below 14 years of age. It
also bans the employment of people between the ages of 14 and 18 in hazardous
occupations and processes. Punishments to violators of this law were made stricter
by this amendment act. This Act allows children to be employed in certain family
occupations and also as artists.
Child Labour (Prohibition and Regulation) Amendment Rules, 2017
The government notified the above Rules in 2017 in order to provide a broad and
specific framework for prevention, prohibition, rescue and rehabilitation of child and
adolescent workers. The Rules clarified on issues concerning the employment of
family enterprises and also provides safeguards for artists in that the working hours
and conditions are specified.
4.7.7. RIGHT TO FREEDOM OF RELIGION (Articles 25 - 28)
The Constitution of India guarantees the right to freedom of religion to not only
individuals but also religious groups in India. This is enshrined in Articles 25 to 28
Article 25
Article 25 guarantees the freedom of conscience, the freedom to profess, practice
and propagate religion to all citizens.
• The above-mentioned freedoms are subject to public order, health and morality.
• This article also gives a provision that the State can make laws:
That regulates and restricts any financial, economic, political or other secular activity
associated with any religious practice.
That provides for the social welfare and reform or opening up of Hindu religious
institutions of a public character to all sections and classes of Hindus. Under this
provision, Hindus are construed as including the people professing the Sikh, Jaina or
Buddhist religions and Hindu institutions shall also be construed accordingly.
Article 26
This Article provides that every religious denomination has the following rights,
subject to morality, health and public order.
• The right to form and maintain institutions for religious and charitable intents.
• The right to manage its own affairs in the matter of religion.
• The right to acquire immovable and movable property.
• The right to administer such property according to the law
Article 27
According to Article 27 of the Constitution, there can be no taxes, the proceeds of
which are directly used for the promotion and/or maintenance of any particular
religion/religious denomination.
Article 28
This article permits educational institutions that are maintained by religious groups
to disseminate religious instruction.
• This provides that no religious instruction shall be provided in State-run
educational institutions.
• Educational institutions administered by the State but that were established under
any endowment or trust which requires that religious instruction shall be imparted in
such institutions is exempt from the above clause (that no religious instruction shall
be provided).
• Any person who attends any educational institution recognised by the State or
receiving State aid shall not be required to participate in any religious instruction
that may be imparted in such institution, or also attend any religious worship in such
institutions unless he/she has given consent for the same. In the case of minors, the
guardians should have given consent for the same.
4.7.8. CULTURAL & EDUCATIONAL RIGHTS (Articles 29 & 30)
Cultural and Educational Rights safeguards the rights of linguistic, cultural and
religious minorities. Preserving the culture and heritage is vital in this scenario. To
ensure that education is provided for everyone without any kind of discrimination,
Education Rights was formulated
Article 29 – Protection of Interests of Minorities
This article is intended to protect the interests of minority groups.
Article 29(1): This provides all citizen groups that reside in India having a distinct
culture, language and script, the right to conserve their culture and language. This
right is an absolute right and there are no ‘reasonable restrictions’ in the interest of
the general public here.
Article 29(2): The State shall not deny admission into educational institutes
maintained by it or those that receive aids from it, to any person on the basis of
race, religion, caste, language, etc. This right is given to individuals and not any
community.
Article 30 – Right of Minorities to Establish and Administer Educational
Institutions
This right is given to minorities to form and govern their own educational
institutions. Article 30 is also called the “Charter of Education Rights”.
Article 30(1): All religious and linguistic minorities have the right to establish and
administer educational institutions of their choice.
Article 30(2): The State should not, when granting aid to educational institutions,
discriminate against any educational institution on the ground that it is under the
management of a minority, whether based on religion or language.
4.7.9. RIGHT TO CONSTITUTIONAL REMEDIES
Part III of the Constitution provides for legal remedies for the protection of these
rights against their violation by the State or other institutions/individuals. It entitles
the citizens of India to move the Supreme Court or High Courts for the enforcement
of these rights. The State is forbidden from making any law that may be in conflict
with the Fundamentals Rights.
What is a Writ?
Writs are written order issued by the Supreme Court of India to provide
constitutional remedies in order to protect the fundamental rights of citizens from a
violation.
Facts about writs in India
• Article 32 also empowers Parliament to authorize any other court to issue these
writs
• Before 1950, only the High Courts of Calcutta, Bombay and Madras had the power
to issue the writs
• Article 226 empowers all the high courts of India to issue the writs
• Writs of India are borrowed from English law where they are known as
‘Prerogative writs’
Type of Writs
• Habeas corpus:
A writ of habeas corpus means that the court orders that the arrested person should
be presented before it. It can also order to set free an arrested person if the manner
or grounds of arrest are not lawful or satisfactory.
• Mandamus:
This writ is issued when the court finds that a particular office holder is not doing
legal duty and thereby is infringing on the right of an individual.
• Prohibition: This writ is issued by a higher court (High Court or Supreme Court)
when a lower court has considered a case going beyond its jurisdiction.
• Quo Warranto: If the court finds that a person is holding office but is not
entitled to hold that office, it issues the writ of quo warranto and restricts that
person from acting as an office holder.
• Certiorari: Under this writ, the court orders a lower court or another authority to
transfer a matter pending before it to the higher authority or court.
4.8. PROTECTION OF RIGHTS IN INDIA
Apart from the judiciary, many other mechanisms have been created in later years
for the protection of rights such as National Commission on Minorities, the National
Commission on Women, the National Commission on Scheduled Castes, etc.
4.8.1. NATIONAL HUMAN RIGHTS COMMISION
The National Human Rights Commission (NHRC) of India is a Statutory public

body constituted on 12 October 1993 under the Protection of Human Rights
Ordinance of 28 September 1993.The NHRC is the National Human Rights
Commission of India,[3] responsible for the protection and promotion of human
rights, defined by the Act as "Rights Relating To Life, liberty, equality and dignity of
the individual guaranteed by the Constitution or embodied in the International
Covenants and enforceable by courts in India."
4.8.2. Directive Principles of State Policy (DPSP)
Articles 36-51 under Part-IV of Indian Constitution
The Sapru Committee in 1945 suggested two categories of individual rights. One
being justiciable and the other being non-justiciable rights. The justiciable rights, as
we know, are the Fundamental rights, whereas the non-justiciable ones are the
Directive Principles of State Policy. DPSP are ideals which are meant to be kept in
mind by the state when it formulates policies and enacts laws.
On the basis of their content and direction, they are usually classified into three
types-
• Socialistic Principles,
• Gandhian Principles and,
• Liberal-Intellectual Principles.
DPSP Socialist Principles
Definition:
They are the principles that aim at providing social and economic justice and set the
path towards the welfare state. Under various articles, they direct the state to:
Article 38 Promote the welfare of the people by securing a social order through
justice – social, economic and political – and to minimise inequalities in
income, status, facilities and opportunities
Article 39 Secure citizens:
 Right to adequate means of livelihood for all citizens
 Equitable distribution of material resources of the community for
the common good
 Prevention of concentration of wealth and means of production
 Equal pay for equal work for men and women
 Preservation of the health and strength of workers and children
against forcible abuse
 Opportunities for the healthy development of children
Article 39 A Promote equal justice and free legal aid to the poor
Article 41 In cases of unemployment, old age, sickness and disablement, secure
citizens:
 Right to work
 Right to education
 Right to public assistance
Article 42 Make provision for just and humane conditions of work and maternity
relief
Article 43 Secure a living wage, a decent standard of living and social and
cultural opportunities for all workers
Article 43A Take steps to secure the participation of workers in the management
of industries
Article 47 Raise the level of nutrition and the standard of living of people and to
improve public health
DPSP Gandhian Principles
Definition:
These principles are based on Gandhian ideology used to represent the
programme of reconstruction enunciated by Gandhi during the national
movement. Under various articles, they direct state to:
Article 40 Organise village panchayats and endow them with necessary powers
Article 43 Promote cottage industries on an individual or co-operation basis in
rural areas
Article 43B Promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operatives societies
Article 46 Promote the educational and economic interests of SCs, STs, and other
weaker sections of the society and to protect them from social injustice
and exploitation
Article 47 Prohibit the consumption of intoxicating drinks and drugs which are
injurious to health
Article 48 Prohibit the slaughter of cows, calves and other milch and draught
cattle and to improve their breeds
DPSP Liberal-Intellectual Principles
Definition:
These principles reflect the ideology of liberalism. Under various articles, they direct
the state to:
Article 44 Secure for all citizens a uniform civil code throughout the country
Article 45 Provide early childhood care and education for all children until they
complete the age of six ages
Article 48 Organise agriculture and animal husbandry on modern and scientific
lines
Article 49 Protect monuments, places and objects of artistic or historic interest
which are declared to be of national importance
Article 50 Separate the judiciary form the executive in the public services of the
State
Article 51  Promote international peace and security and maintain just and
honourable relations between nations
 Foster respect for international law and treaty obligations
 Encourage settlement of international disputes by arbitration
Hence we can summarized that, During the national movement, this idea of rights
was further sharpened and expanded to constitutional rights. Our Constitution
reflected this long tradition and listed the fundamental rights. Since 1950, the
judiciary has functioned as an important protector of rights. Judicial interpretations
have expanded the scope of rights in many respects. The government and
administration of our country function within this overall framework. Rights enforce
limitations on the functioning of the government and ensure democratic governance
of the country.
4.9. CONSTITUTIONAL PROVISIONS:

INTRODUCTION:
In spite of women contribution in all spheres of life and they enjoy a unique position
in every society and country of the world, but they suffer in silence and belong to a
class which is in a disadvantaged position on account of several barriers and
impediments. India, being a country of paradoxes, is no exception. Here too,
women, a personification of Shakti, once given a dignified status, are in need of
empowerment. Women’s empowerment in legal, social, political and economic
requires to be enhanced. However, empowerment and equality are based on the
gender sensitivity of society towards their problems. The intensification of women's
issues and rights movement all over the world is reflected in the form of various
Conventions passed by the United Nations.
Gender equality is always escaped the constitutional provisions of equality before the
law or the equal protection of law. This is because equality is always supposed to be
between equals and since the judges did not concede that men and women were
equal. Gender equality did not seem to them to be a legally forbidden inequality.
Basically, as pointed out by Dicey (Dicey, A.V. introduction to the study of the law of
the constitution, Mac Millan, London. 9th edition 1952), the Constitutional theories of
Rule of Law and the fundamental rights stemmed from the struggle for individual
liberty and were intended to curb the power of the State. For a long time gender
issues were not in the limelight.
In India, the Constitution makers while drafting the Constitution were sensitive to
the problems faced by women and made specific provisions relating to them. In
various articles, not only mandates equality of the sexes but also authorizes benign
discrimination in favour of women and children to make up for the backwardness
which has been their age-old destiny. But categorical imperatives constitutionals by
the Founding Fathers are not self acting and can acquire socio-legal locomotion only
by appropriate State action.
Our Constitution is the basic document of a country having a special legal holiness
which sets the framework and the principal functions of the organs of the
Government of a State. It also declares the principles governing the operation of
these organs. The Constitution aims at creating legal norms, social philosophy and
economic values which are to be affected by striking synthesis, harmony and
fundamental adjustment between individual rights and social interest to achieve the
desired community goals.
The Constitution of India contains various provisions, which provide for equal rights
and opportunities for both men and women. The silent features are:-
4.10. PREAMBLE
The Preamble contains the essence of the Constitution and reflects the ideals and
aims of the people. The Preamble starts by saying that we, the people of India, give
to ourselves the Constitution. The source of the Constitution is thus traced to the
people, i.e. men and women of India, irrespective of caste, community, religion or
sex. The makers of the Constitution were not satisfied with mere territorial unity and
integrity. If the unity is to be lasting, it should be based on social, economic and
political justice. Such justice should be equal for all. The Preamble contains the goal
of equality of status and opportunity to all citizens. This particular goal has been
incorporated to give equal rights to women and men in terms of status as well as
opportunity.
4.10.1 Political Rights
Even though the fact that women participated equally in the freedom struggle and,
under the Constitution and law, have equal political rights as men, enabling them to
take part effectively in the administration of the country has had little effect as they
are negligibly represented in politics. There were only seven women members in the
Constituent Assembly and the number later decreased further. Their representation
in the Lok Sabha is far below the expected numbers. This has led to the demand for
reservation of 33% seats for women in the Lok Sabha and Vidhan Sabhas. Political
empowerment of women has been brought by the 73rd and 74th Amendments4.2
which reserve seats for women in Gram Panchayats and Municipal bodies. Illiteracy,
lack of political awareness, physical violence and economic dependence are a few
reasons which restrain women from taking part in the political processes of the
country.
4.10.2 Economic Rights
At hand there has been series of legislation conferring equal rights for women and
men. These legislations have been guided by the provisions of the fundamental
rights and Directive Principles of State Policy. Here again there is a total lack of
awareness regarding economic rights amongst women. Laws to improve their
condition in matters relating to wages, maternity benefits, equal remuneration and
property/succession have been enacted to provide the necessary protection in these
areas.
4.10.3 Social justice
For providing social justice to women, the most important step has been codification
of some of the personal laws in our country which pose the biggest challenge in this
context. In the area of criminal justice, the gender neutrality of law worked to the
disadvantage of a woman accused because in some of the cases it imposed a heavy
burden on the prosecutor, for e.g. in cases of rape and dowry. Certain areas like
domestic violence and sexual harassment of women at the workplace were
untouched, unthought of. These examples of gender insensitivity were tackled by
the judiciary and incorporated into binding decisional laws to provide social justice in
void spheres.
Although a Uniform Civil Code is still a dream in spite of various directions of the
Court, the enactment of certain legislations like the Pre-Natal Diagnostic Techniques
(Prevention of Misuse) Act and the Medical Termination of Pregnancy Act prevent
the violation of justice and humanity right from the womb. In spite of these laws,
their non-implementation, gender insensitivity and lack of legal literacy prevent the
dream of the Constitution makers from becoming a reality. They prevent the
fulfillment of the objective of securing to each individual dignity, irrespective of sex,
community or place of birth.
4.11. CONSTITUTIONAL RIGHTS AND SAFEGUARDS PROVIDED TO THE
MINORITIES IN INDIA
4.11.1. Constitutional safeguards for religious and linguistic minorities of
India
Though the Constitution of India does not define the word ‘Minority’ and only refers
to ‘Minorities’ and speaks of those ‘based on religion or language’, the rights of the
minorities have been spelt out in the Constitution in detail.
4.11.2. ‘Common Domain’ and ‘Separate Domain’ of rights of minorities
provided in the Constitution
The Constitution provides two sets of rights of minorities which can be placed in
‘common domain’ and ‘separate domain’. The rights which fall in the ‘common
domain’ are those which are applicable to all the citizens of our country. The rights
which fall in the ‘separate domain’ are those which are applicable to the minorities
only and these are reserved to protect their identity. The distinction between
‘common domain’ and ‘separate domain’ and their combination have been well kept
and protected in the Constitution. The Preamble to the Constitution declares the
State to be ‘Secular’ and this is a special relevance for the Religious Minorities.
Equally relevant for them, especially, is the declaration of the Constitution in its
Preamble that all citizens of India are to be secured ‘liberty of thought, expression,
belief, faith and worship and ‘equality of status and of opportunity.’
4.11.2.1 ‘Common Domain’, the Directive Principles of State Policy – Part
IV of the Constitution
The Constitution has made provisions for the Fundamental Rights in Part III, which
the State has to comply with and these are also judicially enforceable. There is
another set of non-justiciable rights stated in Part IV, which are connected with
social and economic rights of the people. These rights are known as ‘Directive
Principles of State Policy’, which legally are not binding upon the State, but are
“fundamental in the governance of the country and it shall be the duty of the State
to apply these principles in making laws”. (Article 37). Part IV of the Constitution of
India, containing non-justiciable Directive Principles of State Policy, includes the
following provisions having significant implications for the Minorities :-
i. [Article 38 (2) ]: obligation of the State ‘to endeavour to eliminate inequalities in
status, facilities and opportunities’ amongst individuals and groups of people residing
in different areas or engaged in different vocations.
ii. [Article 46]: obligation of State ‘to promote with special care’ the educational
and economic interests of ‘the weaker sections of the people’ (besides Scheduled
Castes and Scheduled Tribes).
4.11.2.2 ‘Common Domain’, the Fundamental Duties – Part IVA of the
Constitution
Part IVA of the Constitution, relating to Fundamental Duties as provided in Article 51
A applies in full to all citizens, including those belonging to Minorities. Article 51A
which is of special relevance for the Minorities stipulates as under :-
i. citizens’ duty to promote harmony and the spirit of common brotherhood amongst
all the people of India ‘transcending religious, linguistic and regional or sectional
diversities; and
ii. citizens’ duty to value and preserve the rich heritage of our composite culture.’
4.11.2.3 ‘Common Domain’, the Fundamental Rights – Part III of the
Constitution
The Constitution has provided a definite space for both the ‘domains’ i.e. ‘common’
as well as ‘separate’. In Part III of the Constitution, which deals with the
Fundamental Rights is divided into two parts viz. (a) the rights which fall in the
‘common domain’ and (b) the rights which go to the ‘separate domain’. In the
‘common domain’, the following fundamental rights and freedoms are covered:
i. [Article 14] people’s right to ‘equality before the law’ and ‘equal protection of
the laws’.
ii. [Article 15 (1) & (2)]: prohibition of discrimination against citizens on grounds
of religion, race, caste, sex or place of birth
iii. [Article 15 (4)]: authority of State to make ‘any special provision for the
advancement of any socially and educationally backward classes of citizens’
(besides the Scheduled Castes and Scheduled Tribes).
iv. [Article 16(1)&(2)]: citizens’ right to ‘equality of opportunity’ in matters relating
to employment or appointment to any office under the State – and prohibition
in this regard of discrimination on grounds of religion, race, caste, sex or place
of birth.
v. [Article 16(4)]: Authority of State to make ‘any provision for the reservation of
appointments or posts in favour of any backward class of citizens which, in the
opinion of the State, is not adequately represented in the services under the
State.
vi. [Article 25(1)]: people’s freedom of conscience and right to freely profess,
practice and propagate religion – subject to public order, morality and other
Fundamental Rights.
vii. [Article 26]: right of ‘every religious denomination or any section thereof –
subject to public order, morality and health – to establish and maintain
institutions for religious and charitable purposes, ‘manage its own affairs in
matters of religion’, and own and acquire movable immovable property and
administer it ‘in accordance with law.
viii. [Article 27]: prohibition against compelling any person to pay taxes for
promotion of any particular religion.
ix. [Article 28]: people’s ‘freedom as to attendance at religious instruction or
religious worship in educational institutions’ wholly maintained, recognized, or
aided by the State.
4.11.2.4 ‘Separate Domain’ of Minority Rights
The Minority Rights provided in the Constitution which fall in the category of
‘Separate Domain’ are as under:-
i. [Article 29(1)]: right of ‘any section of the citizens’ to ‘conserve’ its ‘distinct
language, script or culture’.
ii. [Article 29(2)]: restriction on denial of admission to any citizen, to any
educational institution maintained or aided by the State, ‘on grounds only of
religion, race, caste, language or any of them’.
iii. [Article 30(1)]: right of all Religious and Linguistic Minorities to establish and
administer educational institutions of their choice.
iv. [Article30 (2)]: freedom of Minority-managed educational institutions from
discrimination in the matter of receiving aid from the State.
v. [Article 347]: special provision relating to the language spoken by a section of
the population of any State.
vi. [Article 350 A]: provision for facilities for instruction in mother-tongue at
primary stage.
vii. [Article 350 B]:provision for a Special Officer for Linguistic Minorities and his
duties; and
viii. Sikh community’s right of ‘wearing and carrying of kirpans; [Explanation 1
below Article 25]
4.11.3. India’s multi-culturalism interwoven in the Constitution

The various Articles of the Constitution providing rights to the minorities, clearly and
firmly point out to only one direction: that of a multi-religious, multi-cultural,
multilingual and multi-racial Indian society, interwoven into an innate unity by the
common thread of national integration and communal harmony. By the yardstick
adopted by the framers of the Constitution and crystallized into its provisions the
Indian Nation is not just a conglomeration of individual inhabitants of this State; it
comprises of two distinct categories of constituents. The two-tier commonwealth of
Indian Nation includes, on one hand, every citizen of India individually and, on the
other hand, the multitude of religious, linguistic, cultural and ethnic groups among
its citizens. The Indian Nation is an enormous coparcenary in which the individual
citizens are also members of their own respective branches taking the form of
religious, cultural, linguistic and ethnic groups. And all these groups, like all
individuals, have the same Fundamental Rights to enjoy and the same Fundamental
Duties to discharge.
4.11.4. Protection of weaker sections in Indian pluralistic society
The social pluralism of India, as fortified by the unique Constitutional concept of
secularism, raises the need for the protection and development of all sorts of weaker
sections of the Indian citizenry – whether this ‘weakness’ is based on numbers or on
social, economic or educational status of any particular group. The Constitution,
therefore, speaks of Religious and Linguistic Minorities, Scheduled Castes, Scheduled
Tribes and Backward Classes and makes – or leaves room for making – for them
special provisions of various nature and varying import.
4.12. MAJOR CONSTITUTIONAL PROVISIONS ON EDUCATION IN INDIA
Some of the major constitutional provisions on education in India are as follows:
There are some changes regarding the 42nd Amendment to the Constitution. During
1976 our constitution was amended in many of its fundamental provisions. Under
the Constitution of India, the Central Government has been specifically vested with
several educational responsibilities.
Below are given constitutional provisions on Education:
S.No Provisions Article

1. Right of free and compulsory education 45
2. Right to education 21A
3. Education for women 15(1) (3)
4. Promotion of education and economic interests of SC, ST 46
and other weaker sections
5. Religious education 25 28(1), (2), (3)
6. Education of minorities, protection of interests of 29
minorities
7. Right of minorities to establish and administer 30
educational institutions
8. Instruction in mother-tongue at primary stage 350-A
9. Promotion of Hindi 351
10. Education in union territories 239
11. Fundamental duty to provide opportunity for education 51 (A)
Some of these are discussed elaborately:
4.12.1. Free and Compulsory Education:
The Constitution makes the following provisions under Article 45 of the Directive
Principles of State Policy that, “The state shall endeavour to provide within a period
of ten years from the commencement of this Constitution, for free and compulsory
Education for all children until they complete the age of fourteen years.”
The expression ‘State’ which occurs in this Article is defined in Article 12 to include
“The Government and Parliament of India and the Government and the Legislature
of each of the States and all local or other authorities within the territory of India or
under the control of the Government of India.” It is clearly directed in Article 45 of
the Constitution that the provision of Universal, Free and Compulsory Education
becomes the joint responsibility of the Centre and the States.
In the Constitution it was laid down that within 10 years, i.e., by 1960 universal
compulsory education must be provided for all children up to the age of 14, But
unfortunately, this directive could not be fulfilled. Vigorous efforts are needed to
achieve the target of 100 percent primary education. The Central Government needs
to make adequate financial provisions for the purpose. At the present rate of
progress it may, however, be expected that this directive may be fulfilled by the end
of this century.
4.12.2. Education of Minorities:
Article 30 of the Indian Constitution relates to certain cultural and educational rights
to establish and administer educational institutions.
It lays down:
(i) All minorities whether based on religion or language, shall have the right to
establish and administer educational institutions of their choice.
(ii) The state shall not, in granting aid to educational institutions, discriminate
against any educational institution on the ground that it is under the management of
a minority, whether based on religion or language.
4.12.3. Education for Weaker Sections:
Article 15, 17, 46 safeguard the educational interests of the weaker sections of the
Indian Community, that is, socially and educationally backward classes of citizens
and scheduled castes and scheduled tribes. Article 15 states, “Nothing in this article
or in clause (2) of Article 29 shall prevent the state from making any special
provision for the advancement of any socially and educationally backward classes of
citizens or for the scheduled castes and the scheduled tribes.”
Under Article 46 of the Constitution, the federal government is responsible for the
economic and educational development of the Scheduled Castes and Scheduled
Tribes
It states. “The state shall promote with special care the educational and economic
interests of the weaker sections of the people and in particular, of the Scheduled
castes and Scheduled Tribes and shall protect them from social injustice and all
forms of exploitation.” It is one of the Directive Principles of State Policy.
4.12.4. Women’s Education:
One of the unique features of Modem Indian Education is the tremendous
advancement of Women’s Education. Education of the girls is considered to be more
important than that of the boys.
The Constitution makes the following provisions under different articles:
Article 15(1) provides that the State shall not discriminate any citizen on groups only
of sex.
Article 15 (3) reads: ”Nothing in this article shall prevent the State from making any
special provision for women and children.”
The well-known National Policy on Education was concerned about the status and
education of women in the country. It envisages that education would be used as a
strategy for achieving a basic change in the status of women. It opined that the
national system of education must play a positive role in this direction.
The Policy states, “Education will be used as an agent of basic change in the status
of women. In order to neutralize the accumulated distortions of the past, there will
be a well conceived edge in favour of women.”
4.13. CONSTITUTIONAL PROVISIONS FOR THE WELFARE OF CHILDREN
In the constitution of India a special provision for the welfare of children is made in
Articles 24, 39 and 45.
Article 24 reads:
Prohibition of employment of children in factories etc. No child below the age of 14
years shall be employed to work in any factory or mine or engaged in any other
hazardous employment.
Article 39 reads:
Certain principles to be followed by the states: the state shall, in particular, direct its
policies towards securing:
1. that the health and strength of the workers, men ' and women and the tender
age of children are not abused and that citizens are not forced by economic
necessity to enter evocation unsuited to their age or strength;
2. the children are given opportunities and facilities to develop in a healthy manner
in conditions of freedom and dignity and that childhood and youth are protected
against exploitation and against moral and material abandonment.
Article 45 reads:
Provision for free and compulsory education for children - states shall endeavour to
provide, within a period of 10 years from the commencement of this Constitution,
for free and compulsory education for children until they complete the age of 14
years.
Keeping in view this constitutional background for the welfare of children,the Govt,
of India adopted a national policy for children in August, 1974. This policy
recognised that" the nation's children are a supremely important asset. Their nature
and solicitude are our responsibility. Children ,'^s programmes should find a
prominent part in our national plans for the development of human resources, so
that our children grow up to become robust citizens, physically fit, mentally alert and
morally healthy, endowed with the skills and motivations needed by society. Equal
opportunities for development to all children during the period of growth should be
our aim, for this would serve our larger purpose of reducing inequality and ensuring
social justice.
The needs of children and our duties towards them have been expressed in the
Constitution". The Resolution on a National Policy on Education, which has been
adopted by Parliament, gives direction to State Policy on the educational needs of
the children. We are also party to the UN Declaration of the Rights of the Child. The
goals set out in these documents can reasonably be achieved by judicious and
efficient use of the available national resources. Keeping in view these goals, the
Government of India adopts this Resolution on the National Policy for Children. "It
shall be the policy of the State to provide adequate services to children, both before
and after birth and through the period of growth, to ensure their full physical,
mental and social development. The State shall progressively increase the scope of
such services so that, within a reasonable time, all children in the country enjoy
optimum conditions for their balanced growth. In particular the following measures
shall be adopted towards the attainment of these objectives.
(i) All children shall be covered by a comprehensive health programme.
(ii) Programmes shall be implemented to provide nutrition services with the object
of removing deficiencies in the diet of children.
(iii) Programmes will be undertaken for the general improvement of the health and
for the care, nutrition and nutrition education of expectant and nursing
mothers.
(iv) The State shall take steps to provide free and compulsory education for all
children upto the age of 14 for which a time-bound programme will be drawn
up consistent with the availability of resources. Special efforts will be made to
reduce the prevailing wastage and stagnation in schools particularly in the case
of girls and children of the weaker sections of society. The programme of
informal education for pre-school children from such sections will also be taken
up.
(v) Children who are not able to take full advantage of formal school education
shall be provided other forms of education suited to their requirements.
(vi) Physical education, games, sports and other types c recreational as well as
cultural and scientific activities shall be promoted in schools, community
centres and such other institutions.
(vii) To ensure equality of opportunity, special assistance shall be provided to all
children belonging to the weaker sections of the society, such - as children
belonging to the Scheduled Castes and Scheduled Tribes and those belonging
to the economically weaker sections both in urban and rural areas.
(viii) Children who are socially handicapped, who have become delinquent or have
been forced to take to begging or are otherwise in distress, shall be provided
facilities for education, training and rehabilitation and will be helped to become
useful citizens.
(i) Children shall be protected against neglect, cruelty and exploitation.
(ii) No child under 14 years shall be permitted to be engaged in any hazardous
occupation or be made to undertake heavy work.
(iii) Facilities shall be provided for special treatment, rehabilitation and care of
children who are physically handicapped, emotionally disturbed or mentally
retarded.
(iv) Special programmes shall be formulated to spot, encourage and assist gifted
children, particularly those belonging to the weaker sections of society.
(v) Children shall be given priority for protection and relief in times of distress or
natural calamity.
(vi) Existing laws should be amended so that in all legal disputes, whether between
parents or institutions the interests of children are given paramount
consideration.
(vii) In organising services for children, efforts would be directed to strengthen
family ties so that full potentialities of growth of children are realised within the
normal family, neighbourhood and community environment.
"In formulating programmes in different sectors, priority shall be given to

programmes relating to:
(a) preventive and promotive aspects of child health;
(b) nutrition forinfants and children in the preschool age alongwith nutrition for
nursing and expectant mothers;
(c) maintenance, education and training of orphan and destitute children;
(d) creches and other facilities for the care of children of working or ailing mothers;
and
(e) care, education, training and rehabilitation of handicapped children.
“During the last two decades , we have made significant progress in the provisions
of services for children on the lines detailed above. There has been considerable
expansion in the health, nutrition, education and welfare services Rise in the
standard of living, wherever it occurred, has indirectly met children's basic needs to
some extent. But all this work needs a focus and a forum for planning and review,
and proper coordination of the multiplicity of services striving to meet the needs of
children. A National Children's Board shall be constituted to provide this focus and to
ensure at different levels continuous planning, review and coordination of all the
essential services. Similar Boards may also be constituted at the State level.
"The Government shall endeavour that adequate resources are provided for child
welfare programmes and appropriate schemes are undertaken. At the same time,
voluntary organisations engaged in the field of child welfare will continue to have
the opportunity to develop, either on their own or with State assistance, in the field
of education, health, recreation and social welfare services. India has a tradition of
voluntary action. It shall be the endeavour of the State to encourage and strengthen
voluntary action so that State and voluntary organisations, trusts, charities and
religious and other endowments would have to be tapped to the extent possible for
promoting and developing child welfare programmes.
"To achieve the above aims, the State will provide necessary legislative and
administrative support. Facilities for research and training of personnel will be
developed to meet the needs of the expanding programmes and to improve the
effectiveness of the services.
“The Government of India trusts that the policy enunciated in this statement will
receive a support and cooperation of all sections of the people and of organisations
working for children. The Government of India also calls upon the citizens and
voluntary organisations to play their part in the overall effort to attain these
objectives.”
4.14. IMPORTANT CONSTITUTIONAL AND LEGAL PROVISIONS FOR
WOMEN IN INDIA
The principle of gender equality is enshrined in the Indian Constitution in its
Preamble, Fundamental Rights, Fundamental Duties and Directive Principles. The
Constitution not only grants equality to women, but also empowers the State to
adopt measures of positive discrimination in favour of women. Within the framework
of a democratic polity, our laws, development policies, Plans and programmes have
aimed at women’s advancement in different spheres. India has also ratified various
international conventions and human rights instruments committing to secure equal
rights of women. Key among them is the ratification of the Convention on
Elimination of All Forms of Discrimination against Women (CEDAW) in 1993.
4.14.1. Constitutional Provisions
The Constitution of India not only grants equality to women but also empowers the
State to adopt measures of positive discrimination in favour of women for
neutralizing the cumulative socio economic, education and political disadvantages
faced by them. Fundamental Rights, among others, ensure equality before the law
and equal protection of law; prohibits discrimination against any citizen on grounds
of religion, race, caste, sex or place of birth, and guarantee equality of opportunity
to all citizens in matters relating to employment. Articles 14, 15, 15(3), 16, 39(a),
39(b), 39(c) and 42 of the Constitution are of specific importance in this regard.
Constitutional Privileges
(i) Equality before law for women (Article 14)
(ii) The State not to discriminate against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them (Article 15 (i))
(iii) The State to make any special provision in favour of women and children (Article
15 (3))
(iv) Equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State (Article 16)
(v) The State to direct its policy towards securing for men and women equally the
right to an adequate means of livelihood (Article 39(a)); and equal pay for equal
work for both men and women (Article 39(d))
(vi) To promote justice, on a basis of equal opportunity and to provide free legal aid
by suitable legislation or scheme or in any other way to ensure that opportunities for
securing justice are not denied to any citizen by reason of economic or other
disabilities (Article 39 A)
(vii) The State to make provision for securing just and humane conditions of work
and for maternity relief (Article 42)
(viii) The State to promote with special care the educational and economic interests
of the weaker sections of the people and to protect them from social injustice and all
forms of exploitation (Article 46)
(ix) The State to raise the level of nutrition and the standard of living of its people
(Article 47)
(x) To promote harmony and the spirit of common brotherhood amongst all the
people of India and to renounce practices derogatory to the dignity of women
(Article 51(A) (e))
(xi) Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of
seats to be filled by direct election in every Panchayat to be reserved for women and
such seats to be allotted by rotation to different constituencies in a Panchayat
(Article 243 D(3))
(xii) Not less than one- third of the total number of offices of Chairpersons in the
Panchayats at each level to be reserved for women (Article 243 D (4))
(xiii) Not less than one-third (including the number of seats reserved for women
belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of
seats to be filled by direct election in every Municipality to be reserved for women
and such seats to be allotted by rotation to different constituencies in a Municipality
(Article 243 T (3))
(xiv) Reservation of offices of Chairpersons in Municipalities for the Scheduled

Castes, the Scheduled Tribes and women in such manner as the legislature of a
State may by law provide (Article 243 T (4))
4.14.2. Legal Provisions
To uphold the Constitutional mandate, the State has enacted various legislative
measures intended to ensure equal rights, to counter social discrimination and
various forms of violence and atrocities and to provide support services especially to
working women. Although women may be victims of any of the crimes such as
'Murder', 'Robbery', 'Cheating' etc, the crimes, which are directed specifically against
women, are characterized as 'Crime against Women'. These are broadly classified
under two categories.
(1) The Crimes Identified Under the Indian Penal Code (IPC)
(i) Rape (Sec. 376 IPC)
(ii) Kidnapping & Abduction for different purposes ( Sec. 363-373)
(iii) Homicide for Dowry, Dowry Deaths or their attempts (Sec. 302/304-B IPC)
(iv) Torture, both mental and physical (Sec. 498-A IPC)
(v) Molestation (Sec. 354 IPC)
(vi) Sexual Harassment (Sec. 509 IPC)
(vii) Importation of girls (up to 21 years of age)
(2) The Crimes identified under the Special Laws (SLL)

Although all laws are not gender specific, the provisions of law affecting women
significantly have been reviewed periodically and amendments carried out to keep
pace with the emerging requirements. Some acts which have special provisions to
safeguard women and their interests are:
(i) The Employees State Insurance Act, 1948
(ii) The Plantation Labour Act, 1951
(iii) The Family Courts Act, 1954
(iv) The Special Marriage Act, 1954
(v) The Hindu Marriage Act, 1955
(vi) The Hindu Succession Act, 1956 with amendment in 2005
(vii) Immoral Traffic (Prevention) Act, 1956
(viii) The Maternity Benefit Act, 1961 (Amended in 1995)
(ix) Dowry Prohibition Act, 1961
(x) The Medical Termination of Pregnancy Act, 1971
(xi) The Contract Labour (Regulation and Abolition) Act, 1976
(xii) The Equal Remuneration Act, 1976
(xiii) The Prohibition of Child Marriage Act, 2006
(xiv) The Criminal Law (Amendment) Act, 1983
(xv) The Factories (Amendment) Act, 1986
(xvi) Indecent Representation of Women (Prohibition) Act, 1986
(xvii) Commission of Sati (Prevention) Act, 1987
(xviii) The Protection of Women from Domestic Violence Act, 2005
4.14.3. Special Initiatives For Women
(i) National Commission for Women : In January 1992, the Government set-up this
statutory body with a specific mandate to study and monitor all matters relating to
the constitutional and legal safeguards provided for women, review the existing
legislation to suggest amendments wherever necessary, etc.
(ii) Reservation for Women in Local Self -Government : The 73rd Constitutional
Amendment Acts passed in 1992 by Parliament ensure one-third of the total seats
for women in all elected offices in local bodies whether in rural areas or urban areas.
(iii) The National Plan of Action for the Girl Child (1991-2000) : The plan of Action is
to ensure survival, protection and development of the girl child with the ultimate
objective of building up a better future for the girl child.
(iv) National Policy for the Empowerment of Women, 2001 : The Department of
Women & Child Development in the Ministry of Human Resource Development has
prepared a “National Policy for the Empowerment of Women” in the year 2001. The
goal of this policy is to bring about the advancement, development and
empowerment of women.
4.15. THE CONSTITUTIONAL GUARANTEES

The conservatism of the courts when passing upon the constitutionality of legislation
which has an adverse effect upon static interests in property is in remarkable
contrast to the liberality of the courts when passing upon the constitutionality of
legislation restricting the use of land. Since the contemplated use of property, even
when the use is not harmful in itself or immoral, is subject to restriction in the public
interest. A small number of cases have even held that a present use which is neither
immoral nor harmful may be prohibited.2 To the owner who purchased in
anticipation of a certain use which is now forbidden, it is as though some of his land
were taken from him, yet he is not entitled to compensation for the diminution in
value which is the consequence of a reasonable regulatory measure. However, when
the legislature in the exercise of its police power makes a change in the static real
property law, the courts are inclined to hold that there has been an unconstitutional
deprivation of property if any interest is extinguished or impaired. In contrast to the
readiness with which the courts sustain legislation regulating land use, one finds a
marked conservatism in .the cases concerned with the impingement of legislation on
static interests. One finds in these cases an inclination to concentrate on the private
property aspects with little or no attempt to balance private and public interests. Of
course, it must be admitted that when the legislature modifies or abolishes the
institutions of real property law, it ordinarily does not do so under the pressure of
public need for immediate action. Nor is there usually an irreconcilable conflict
between private and public interests (as so often is the case when the legislature
undertakes to regulate a private use) which calls for immediate modification and
consequent sacrifice of private interest for the public good.
The bias against retroactive legislation is more than an aversion to the destruction of
private interests having economic value. It is a bias deeply rooted in Anglo-American
law. Coke established the maxim that "Nova constitutio futuris formam imponere
debet non praeteritis." Blackstone declared it to be a matter of justice that statutes
should be made to operate in the future. The American decisions abound with
condemnations of retroactive legislation. Retroactive statutes seem to do violence to
one's sense of justice in a variety of ways. For one thing, they destroy one's feeling
of security. Often they are enacted with the knowledge and intention that they will
affect particular persons in a specific manner and thus are personal rather than
impersonal as legislation is supposed to be. Moreover, a retroactive statute gives the
person affected no opportunity to avoid the consequences by rearranging his affairs.
The courts do not always indicate the constitutional provision which they suppose to
be applicable when they declare a statute valid or invalid; but it cannot be assumed
that a court does not have in mind a specific constitutional provision merely because
it does not say so. It is now almost universally held that a court has no power to
declare a statute in valid unless the statute conflicts with some provision of the state
or federal Constitution. The nineteenth century "Vested Rights Doctrine" with the
concomitant overtones of natural law and natural rights has been pretty much
relegated to the past. Only now and then does one find a modern case in which a
court professes the view that the legislature is limited by principles of natural law.
And when all is said and done, there have really been exceedingly few cases in
which a statute was actually declared invalid on natural law grounds,
notwithstanding the many discussions in the earlier cases concerning natural rights,
the social compact, and the inherent incapacity of an American government to take
away life, liberty, or property except when necessary for the general good.
A suggestion of the Doctrine of Vested Rights in modern cases is the equivocal
proposition that the legislature is powerless to divest "vested rights." But usually
when a court speaks of "vested rights" it has no intention of reverting to the
nineteenth century Doctrine. It means only that in its opinion the legislature has
attempted to disturb property interests in a manner forbidden by express
constitutional guarantees.
In the same order as "vested rights" is the idea expressed in some cases that a
statute is unconstitutional because it operates to take the property of one person
and transfer it to another. Probably no legislature has ever literally taken one man's
property to bestow it on another. The court is stating in a roundabout manner that
the statute confers on one person rights and powers in respect to another's property
in a manner or degree forbidden by the Constitution.
While few modern courts would think of expressly basing a decision upon the
Doctrine of Natural or Vested Rights (partly because the Doctrine has so often been
renounced, and partly because the broad interpretation given to the constitutional
provisions makes recourse to a Natural Rights .Doctrine uncalled for), the Doctrine
of Vested Rights continues to play a not unimportant role in a metamorphosed state.
The Doctrine to a large extent has been incorporated into the language of the
constitution by judicial interpretation and is flourishing under the disguise of "due
process." The courts today are building on a concept of limitations on legislative
power laid down in the Era of Vested Rights with the qualification, of course, that
the courts today harbour fewer fears and prejudices against the legislature and are
more willing, for the most part, to allow some degree of latitude to the legislature.
The concern of a court in respect to an arbitrary or unreasonable act of
legislation is very much the same, whether it professes to be bound to look only to
the written constitution (as today), or whether it professes to find natural limitations
to the power of the legislature (as was once the vogue).
In the cases arising prior to the Fourteenth Amendment, if the given
legislative act was held to be constitutionally forbidden, the prohibition necessarily
had to be found in the state constitution, except where the impairment of the
obligation of a contract was involved. It was some time after the adoption of the
Fourteenth Amendment before the courts ceased to rely exclusively on the state
constitutions in cases not involving an impairment of the obligation of contract. At
present the due process clause of the Fourteenth Amendment is the favored resort
against legislative excesses and has greatly overshadowed the Bill of Rights of the
state constitutions as a protection against deprivation of property. However, the
guarantees of the state constitutions have by no means been supplanted.
A provision similar to the due process clause of the Fourteenth
Amendment is to be found in a number of state constitutions; in others the due
process concept is stated more elaborately. The privilege of possessing and
acquiring property is expressly guaranteed in many states. The provision in some
constitutions that the "property of no person shall be taken for public use without
just compensation therefor" has been taken to signify that private property may not
be taken for private uses even if compensation is paid and that the legislature may
not arbitrarily or unreasonably interfere with property rights. In the Pennsylvania
Constitution it is provided:
"In all criminal prosecutions the accused hath a right to be heard by
himself and his counsel . . . ; he cannot be compelled to give evidence against
himself, nor can he be deprived of his life, liberty or property, unless by the
judgment of his peers or the law of the land." It has been held that if the property
of criminals is protected in this way, surely everyone's property must be likewise
protected.
In spite of the diversity of phraseology, the provisions cited above appear
to have an identity of meaning. If the particular phraseology is significant to the
outcome, the significance which the courts attach to the precise wording of the
constitutional provision is certainly not articulated. The courts treat the provision,
whatever the specific wording, as a guarantee against deprivation of property
without due process, and each case resolves itself into a question of whether the
legislature has acted arbitrarily and unreasonably.
The constitutions of Georgia, Missouri, Ohio, Texas, Colorado, Louisiana,
New Hampshire, and Tennessee contain prohibitions against the enactment of
retroactive legislation. The Ohio Constitution, as an example, provides that "the
general assembly shall have no power to pass retroactive laws or laws impairing the
obligation of contracts." Such prohibitions are not taken literally to prevent the
application of any legislation to existing interests. It was said by the Missouri
Supreme Court:
"The constitutional inhibition against laws retrospective in operation
(section 15, article 2, Constitution of Missouri) does not mean that no statute
relating to past transactions can be constitutionally passed, but rather that none can
be allowed to operate retrospectively so as to affect such past transactions to the
substantial prejudice of parties interested.
A law must not give to something already done a different effect from that which it
had when it transpired." 20 The definition of retrospective statutes customarily given
by courts in the jurisdictions having this type of constitutional provision is that laid
down by Justice Story in Society for the Propagation, etc. v. Wheeler et al.:
"Upon principle, every statute, which takes away or impairs vested rights acquired
under existing laws, or creates a new obligation, imposes a new duty, or attaches a
new disability, in respect to transactions or considerations already past, must be
deemed retrospective; and this doctrine seems fully supported by authorities."
On the whole the courts seem to come out with about the same result whether they
apply a provision against retrospective laws or whether they refer to a "due process"
clause. However, the Missouri Supreme Court has indicated that in close cases where
the court can go either way on the constitutional issue, the express prohibition in
the constitution of that state against retrospective legislation requires the court to
hold that the statute is invalid, whereas if a "due process" clause were applicable the
court might sustain the statute.
Retroactive statutes have been declared unconstitutional on the ground that they
impair the obligation of contracts. Impairment of the obligation of contract is likely
to be the basis of decision where the statute affects an inter vivos trust, a leasehold
estate, or a mortgage, since the legal relations here are contractual in nature or
have contractual aspects. On the theory that a deed is a contract, or an instrument
sounding in contract, it is sometimes held that the interests created by a deed are
contract obligations within the meaning of the contracts clause of the federal
Constitution. A will, however, is said. not to be within the purview of that clause.
The view that interests created by deed are necessarily contract obligations is an
unwarranted extension of Fletcher v. Peck wherein it was held that a grant from a
state is a contract which is immune, by virtue of the contracts clause of the federal
Constitution, from subsequent revocation by the legislature. The holding in Fletcher
v. Peck probably went beyond what was intended to be the scope of the contracts
clause, for it is doubtful whether the framers of the Constitution were thinking of
contracts in any other than the usual legal sense of an agreement between two or
more parties. Certainly the holding in Fletcher v. Peck should not be extended
beyond the issue in the case. The principle laid down is applicable when a legislature
is seeking, without justification, to reinvest the state with title to land which it
previously granted or patented. Apparently the contracts clause also would be
invocable where a statute purports to extinguish the effect of a conveyance between
private parties by divesting the title of the grantee in whole or in part and restoring
it to the grantor, or by re-establishing privileges, rights, or powers in the grantor
which he had relinquished by the conveyance. Justice Marshall said so in Fletcher v.
Peck. Also he remarked that:
"A contract executed, as well as one which is executory, contains obligations binding
on the parties. A grant, in its own nature, amounts to an extinguishment of the right
of the grantor, and implies a contract not to reassert that right. A party is, therefore,
always estopped by his own grant."
Naturally, the contracts clause is applicable when there is an impairment of an actual
contract subsisting between grantor and grantee. The clause is no less applicable
because the terms of the contract happen to be stated in the deed.
However, when a statute modifies or abolishes a legal institution under which an
interest exists, there is ordinarily no impairment of the legal effect of the deed
between the grantor and grantee nor a restoring to the grantor of something which
he is estopped to claim. If the grantor has in no manner gained by the grantee's loss
of an interest, can it be logically and reasonably said that a contract has been
impaired? If any constitutional guarantee is infringed, it would seem to be that
against deprivation of property without due process. Even in regard to those
interests which can be classified either as interests in land or as contract relations,
depending on one's viewpoint, such as easements, real covenants, restrictive
covenants, it is submitted that the contracts clause is only applicable when the
statute purports to affect the legal relations flowing out of the grant or agreement
as between grantor (promisor) and grantee (promisee) or third party beneficiary. Be
this as it may, legal relations which are recognized to be interests in land have
characteristics which set them off from legal relations which are purely contractual.
Interests in land are relations in rem; they exist not only as to the immediate parties
to their creation but as to all persons. Contract relations involve the making of a
promise. They are relations in personam; third parties are not affected except as to
the general duty not to interfere with the relations between the contracting parties.
It is contrary to common understanding of what is an interest in land to impart to
such an interest a contractual quality.
Possibly what has led some courts to hold that interests created by deed are
contractual is the ambiguous and inaccurate reference to the deed itself as a
contract. This confusing designation completely obscures the fact that the use of a
deed in the creation of interests is purely a formalistic requirement. The conveyance
is perfected through the execution and delivery of the deed; after these acts the
deed is spent.
In the past where the courts have resorted to the contracts clause, they have
tended not to want to allow any interference with property interests whatever,
apparently on the theory that the prohibition against impairment is not one of
degree but that any impairment is within the prohibition. But the Supreme Court of
the United States in Home Building & Loan Ass'n v. Blaisdell made it clear that the
police power enters into every contract to a degree once not generally admitted. A
completely new concept of the contracts clause is evoked by that case; a contract
may be impaired if there are reasonable grounds. Therefore, even if we are willing
to accept the contracts clause as a tenable ground on which to determine the
constitutionality of a retroactive statute affecting interests in land we must
reconsider the older cases applying the contracts clause in the impingement of
legislation on interests in land. The restrictive determinations once thought to be
necessary are no longer deemed to be required, although perhaps the contracts
clause is still more inhibitive than the due process clauses.
Occasionally a statute modifying the existing property law will be held to deny equal
protection of the laws. But it is rather exceptional to find a statute of the type to be
discussed which operates unequally, however unreasonable it may be.
In some cases it has been contended (and occasionally held) that a retroactive
statute entails a forbidden intrusion of the legislature into the province of the
judiciary. This argument is based upon the theory that a retroactive statute
necessarily declares the law for existing cases, which is a judicial and not a
legislative function. Most of these cases appeared in the early nineteenth century
and none, apparently, in the last seventy-five years.
ASSIGNMENT
1) Analyze the enumerated and un-enumerated human rights in Indian

constitution..
2) Analyze the importance of justifiable and non justifiable human

rights in Indian constitution
3) Assess ancient Hindu law of human rights and human rights in

Islamic Era.
4) Validate the expansion of article 21 of Indian constitution

PART A
1) When was Indian Constitution adopted? [CO4, K1]
Ans: 26 January 1950: The Constitution Was Legally Enforced. Passed by the
Constituent Assembly on 26 November 1949, it came into effect on 26 January
1950. The date 26 January was chosen to commemorate the declaration of Purna
Swaraj (complete Independence) of 1930
2) State Preamble of Indian Constitution. [CO4, K1]
Ans: According to the preamble, the constitution of India has been pursuance of
the solemn resolution of the people of India to constitute India into a 'Sovereign
Democratic Republic', and to secure well-defined objects set forth in the preamble.
Sovereignty denotes supreme and ultimate power.
3) Show that Indian Constitution has recognized and given effect to human rights.
[CO4, K1]
Ans: The Constitution of India provides for Fundamental rights, which include
freedom of religion. Clauses also provide for freedom of speech, as well as
separation of executive and judiciary and freedom of movement within the country
and abroad. The country also has an independent judiciary as well as bodies to look
into issues of human rights
4) Generalize preamble of Indian Constitution and charter of UN [CO4, K1]
Ans: The idea of the Preamble, however, it is believed, was borrowed from the
Preamble of the UN Charter which in turn had borrowed the idea from the US
constitution. It would therefore be more correct to say that the idea of Indian
Preamble was adopted from Preamble of the US Constitution..
5) Give the article 38(1) of Indian constitution[CO4, K1]
Ans: The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order in which justice, social, economic
and political, shall inform all the institutions of the national life..
6) Show that article 38(1) is strengthened by article 39 – A. [CO4, K1]
Ans: Article 38 and 39 embody the principle of distributive justice which connotes
the removal of economic inequalities rectifying the injustice resulting from
transactions between unequals in society.
7) Analyze, fundamental rights contained in which part of the Indian constitution are
enforceable in courts of law. [CO4, K2]
Ans: The Fundamental Rights are defined as the basic human rights of all citizens.
These rights, defined in Part III of the Constitution, applied irrespective of race,
place of birth, religion, caste, creed, or gender. They are enforceable by the courts,
subject to specific restrictions.
PART A
8) Analyze, directive principles of state policy contained in which part of the Indian
constitution are not enforceable by any court[CO1, K2]
Ans: The Directive Principles of State Policy are guidelines for the framing of laws by
the government. These provisions, set out in Part IV of the Constitution, are not
enforceable by the courts, but the principles on which they are based are
fundamental guidelines for governance that the State is expected to apply in framing
policies and passing laws.
9) Write about appointment of chairperson and other members of the National

human rights commission.[CO1, K1]
Ans: The Chairperson and members of the NHRC are appointed by the President of
India, on the recommendation of a committee consisting of:The Prime Minister
(chairperson), The Home Minister,The Leader of the Opposition in the Lok Sabha
(House of the People), The Leader of the Opposition in the Rajya Sabha (Council of
States), The Speaker of the Lok Sabha (House of the People),The Deputy Chairman
of the Rajya Sabha (Council of States).
10) Classify the preamble liberty which seeks to secure.[CO1, K1]
Ans: The Preamble to the Constitution of India guide the people of the nation, and
to present the principles of the Constitution, and to indicate the source from which
the document derives its authority, and meaning. It highlights the goals and
aspirations of the Indian people.
11) Show the Declaration of the Rights of Man And of the Citizen. [CO1, K2]
des droits de l’Homme et du citoyen) is one of the most important papers of the
12) Explain article (19) of Indian Constitution relating to protection of rights. ? [CO1,
K1]
Ans: The heart of the Article 19 says: "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 and regardless of frontiers.

PART A

16) Generalize the international conventions in which India as become part. [CO1,
K1]
Ans: India became a signatory to the Convention in June 1979 which came into
force in November 1983. India was the Chairman of the Scientific Council of
the Convention in 1986 and has been a member of its Standing Committee since
1986.

occupation.
18) Write any two functions and jurisdiction of the National human rigths
commission. [CO1, K1]
Ans: a. promote and protect human rights

b. review the safeguard provided by or under any enactment for the
protection of human rights.
19) What is Right to Freedom of Religion? [CO1, K1]
Ans: Freedom of conscience and free profession, practice, and propagation of

religion, freedom to manage religious affairs.
PART A
20) Mention Cultural and Educational Rights. [CO4, K1]
Ans: Right of any section of citizens to conserve their culture, language or script,
and right of minorities to establish and administer educational institutions of their
choice.
21) What is Right Constitutional Remedies? [CO4, K1]
Ans: It provides a mechanism for enforcement of Fundamental Rights.

23) Compare enumerated fundamental human rights and other fundamental human
rights. [CO4, K1]
Ans: Fundamental Rights means the primary rights of the citizens which are
justifiable and written in the constitution. Human Rights are the basic rights that all
the human beings can enjoy, no matter where they live, what they do, and how they
behave, etc.
24) Classify the Types of Rights. [CO4, K2]

Ans: 1) Natural Rights 2) Moral Rights 3) Legal Rights 4) Civil Rights 5) Political
Rights 6) Economic Rights 7) Social Rights 8) Cultural Rights 9) Collective/Solidarity
Rights.
25) Interpret about Natural Rights. [CO4, K2]

Ans: Natural Rights are these rights which are “natural” in the sense not artificial,
not man-made, as rights deriving from human nature, or from the God. They are
Universe. They apply to all people and do not derive from the laws of any specific
society. They are regarded as self-evident truths.
26) Illustrate the constitution of National human rights commission.[CO4, K1]

Ans: The Central Government shall constitute a body to be known as the National
Human Rights Commission to exercise the powers conferred upon, and to perform
the functions assigned to, it under this Act.
PART - A
27) Define human rights under the human rights act, 1993 section 2 (d). [CO4, K1]
Ans: In terms of Section 2 of the Protection of Human Rights Act, 1993 (hereafter
referred to as 'the Act'), "human rights" means the rights relating to life, liberty,
equality and dignity of the individual guaranteed under the Constitution or embodied
in the International Covenants and enforceable by courts in India. "International
Covenants" means the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights adopted by the
General Assembly of the United Nations on the 16th December, 1966.
28) What are the enforceable human rights by Courts in India? [CO4, K2]
Ans: The Act defines human rights in Section 2(d) as “the rights relating to life,
liberty, equality and dignity of the individual guaranteed by the Constitution or
embodied in the International Covenants and enforceable by courts in India.”
29) Classify the different rights in Political Rights. [CO4, K2]
Ans: Right to thought, Right to religion, Right to freedom of movement, Right to

participate in the Government, Right to vote, Right to be elected in election, Right to
take part in the conduct of public office, Right to choose public representative, Right
to equal consideration before the law, Right to peaceful assembly and association.
30) Define Economic Rights. [CO4, K1]
Ans: Economic rights are the right to work, the right to adequate wages and right to
reasonable hours of work. These economic conditions are very essential for the
economic and political progress of man.
31) Under what condition the President of India can remove the member of National
human rights commission?[CO4, K1]
Ans: According to the NHRC Act, The NHRC/SHRC chairman or a
member can be removed from his office by the President on the ground of
proved misbehaviour or incapacity. But the President has to refer the matter to
the Supreme Court which has to hold an inquiry into the allegations against
the NHRC/SHRC member in question
PART B
1. Describe the following objectives that are resolved to secure to all

citizens through the preamble of the constitution of India [CO4, K2]
2. Describe the specifically enumerated Civil and political rights in Indian
Constitution with article number. [CO4, K2]
3. Summarize the specifically enumerated economic, social and cultural
rights in Indian Constitution with article number. [CO4, K2]
4. Explain the human rights for citizens as per Indian constitution.
[CO4, K2]
5. Analyze the enumerated and un-enumerated human rights in Indian
constitution. [CO4, K2]
6. Explain the India and international conventions on human rights other
than international covenants on human rights[CO4, K2]
7. Support Nagendra Singh remark on Ancient Hindu law of human
rights.[C04,K3]
8. Validate the expansion of article 21 of Indian constitution. [C04,K2]
9. Assess human rights in British India and Motilal Nehru Committee
[C04,K2]
 UDEMY: Advanced Constitutional Law
By Dr. Anupama Goel | National Law University Delhi
https://onlinecourses.swayam2.ac.in/cec20_hs22/preview
 MyLaw.net : Fundamental Rights in the Indian Constitution
https://mylaw.net/litigation/constitutional-law-course
to industry
Website : http://legislative.gov.in/constitution-of-india
Purpose:
To achieve excellence in legislative matters for accomplishing the
objectives set out in the Constitution of India and to transform the Legislative
Department into the model drafting office of the Union
Mission
1. Ensuring consistency and uniformity in drafting with brevity, clarity and
precision, Government Bills, Ordinances and
Subordinate Legislation sponsored by various Central Ministries and Departments.
2. Capacity building for efficient and timely drafting, scrutiny and vetting of
Principal and Subordinate Legislation.
3. Restructuring the Institute of Legislative Drafting and Research to impart
training in legislative drafting in English and Hindi by making it an institution of
national
importance.
4. Real time dissemination of information of Principal Legislation for the benefit of
the common man.
Objectives
1 Disposing of legislative proposals in time
2 Implementation of the Law Commission Reports relating to Legislative
Department
3 Improving the legislative drafting skills of the officers of the Union and the
States
4 Disseminating information relating to Principal Legislation
5 Enhancing the use of information technology in the functioning of the
Department
6 Facilitating timely conduct of free and fair elections to Parliament and to State
Legislatures
CONTENT BEYOND SYLLABUS
1) Role of Right to Information Act

ASSESSMENT SCHEDULE
ASSESSMENT DATES
SECOND INTERNAL
ASSESSMENT
MODEL EXAMINATION
New Delhi.
Publications.
Thank you
Disclaimer:
GE 8074 –
HUMAN RIGHTS
Created by: D. Nageswari

Assistant Professor
Department of Electrical and Electronics Engineering
Table of Contents
Slide No
Course Objectives 6
Pre Requisites -
Syllabus 7
Course Outcomes 8
Lecture Plan 10
Lecture Notes 18
Assignment 78
Part A Q & A 79
Part B Qs 87
and to industry 89
Mini Project Suggestions (If required)

COURSE OBJECTIVES

Rights.
SYLLABUS
3003
UNIT I 9
UNIT II 9
UNIT III 9
UNIT IV 9
Guarantees.
UNIT V 9
Movements.
TOTAL : 45 PERIODS
COURSE OUTCOMES
Highest
Level
To understand the origin and detailed

CO1 K2
classification about the human rights
To describe the evolutionary concepts and

CO2 K2
theories of human rights
To develop the critical thinking and

CO3 understanding of UN Laws and its agencies K3

CO4 K2

CO5 K3

CO6 K3
Program

Course Outcomes
Outcomes
K3,
K3 K4 K5 K5 K5, A3 A2 A3 A3 A3 A3 A2
PSO-1
PSO-2
PSO-3
K6
PO-10
PO-11
PO-12
PO-1
PO-2
PO-3
PO-4
PO-5
PO-6
PO-7
PO-8
PO-9
CO1 K2 - - 1 - - 2 - - - - - - - - 2
CO2 K2 - - 1 - - 2 - - - - - - - - 2
CO3 K3 - - 2 - - 3 - - - - - - - - 3
CO4 K2 - - 1 - - 2 - - - - - - - - 2
CO5 K3 - - 2 - - 3 - - - - - - - - 3
CO6 K3 - - 2 - - 3 - - - - - - - - 3
LECTURE PLAN
UNIT – V
Highes
Proposed Pertain t
S. Actual Mode of
Lecture Topic ing Cognit
No Lecture Delivery
Date CO(s) ive
Level
Human Rights of
1 Disadvantaged CO5 K3 PPT
People
Human Rights of PPT

2 Women CO5 K3
Human Rights of PPT

3 Children CO5 K3
Human Rights of
4 Displaced persons CO5 K3 PPT
Human Rights of
5 Disability persons CO6 K3 PPT
Human Rights of
6 Aged persons CO6 K3 PPT
Human Rights of
7 HIV Infected CO6 K3 PPT
People.
Implementation of
Human Rights –
National and State
8 Human Rights CO6 K3 PPT
Commission –
Judiciary –
Role of NGO’s,
Media, Educational
9 Institutions, Social CO6 K3 PPT
Movements.
ACITIVITY BASED LEARNING - QUIZ
1. On which of the grounds / aspects discrimination is based on?

A. Gender, disability, social, cultural, customary type, etc.
B. B. Race, sex, caste, colure of skin, etc.
C. C. Both'A'and'B'
D. D. None of the above.
Ans: A
2. Which international convention under Article 1 Agives definition of Refugees?
A. Universal Declaration of Human Rights
B. International covenant on civil and political rights.
C. Convention on rights of Refugees
D. United Nations Convention on the Refugees-1951.
Ans: D
3. Stateless means:
A. Group of persons in a state who are less in numbers.
B. Any person or group of persons who do not possess the nationality of any
state.
C. Persons who have less number of nationalities.
D. Group of persons who lives in less part of the territory of any state.
Ans: B
4. Which of the following convention speaks about the rights and provisions relating
to Migrant workers?
A. International convention on the protection of the rights of all migrant workers
and members of their families.
B. Migration for Employment convention-1949 (ILO)
C. Migrant workers (supplementary provisions) convention in 1975.
D. All of the above.
Ans: D
5. What is the age normally considered as an 'Elderly person'?
A. 40 years and above
B. 25 years and above
C. 18 years and above
D. 60 years and above.
Ans: D
6. United Nations adopted many resolutions and declared every year.......to be

celebrated as the International Aged People's Day.
A. 1st September
B. 1st November
C. 1st October
D. 5th September.
Ans: C
7. To protect the rights of the elderly people Government of India enacted ....... .act.
A. The Maintenance and Welfare of Parents and Senior Citizens Act 2007.
B. Indian governments Senior Citizens Act.
C. Welfare of elderly people's Act.
D. Welfare of Senior Citizens Act.
Ans: A
8. To eradicate and address the adverse situations faced by disadvantaged groups of
people, United Nations adopted a general frame work and given suggestions, these
suggestions include....................
A. Equal pay for equal work
B. Independent mechanism or commission to establish and to deal with each
category of people;
C. Basic compulsory education.
D. All of the above
Ans: D
9. Who acted as a chairperson of the drafting committee of the Universal Declaration
of Human Rights?
A. Mrs. Eleanor Roosevelt, first lady of the America.
B. Mr. Ban Ki-Moon
C. DR. B.R. Ambedkar
D. Mr. Kofi Annan.
Ans: A
10. The convention on the Elimination of All forms of Discrimination against Women
(CEDAW) was adopted by UN in the year of.......
A. 1919
B. 2010
C. 1979
D. 1945
Ans: C
11. To monitor the situations in the promotion of women's rights UN adopted an
Optional Protocol to the CEDAW Convention in
A. 1979
B. 1999
C. 2000
D. 2001
Ans: B
12. What was conducted during 19th June- 2nd July, 1975 at Mexico? A. Women's
conference.
B. Gender equality conference
C. The first world Conference on women
D. The second world Conference on women
Ans: C
13. Every year which day is celebrated as women's day?
A. 10th March
B. 20th March
C. 14th February
D. 8th March
Ans: D
14. Every year on November 25th we celebrate.........

A. International women's day.
B. International women's and child day.
C. International day for elimination of violence against women.
D. International day for elimination of poverty.
Ans: D
15. What were the reasons behind enactment of National Commission of
Women's Act 1990?
A. To establish National Commission of Women's to monitor and to
resolve women related issues.
B. To review constitutional and legal safeguards for women
C. To recommend remedial legislative measures.
D. All of the above
Ans: D
16. In 2001 Government of India adopted a National Policy of women. The
aims and objectives of this policy are:
A. Creating an environment for development of women to enable them
to realize their full potential.
B. Equal access to participation and decision making of women in the
politics and economic life of a nation.
C. Eliminating violence against girl child.
D. All of the above
Ans: D
17. The Convention on the Rights of the Child 1989 was not ratified by
A. United States Of America
B. Somalia
C. Both 'A' and 'B'
D. None of the above
Ans: C
18. In 1992, the United Nation General Assembly adopted the proclamation to
observe the year....... ..As the International a Year of the Older Persons.
A. 1992
B. 1999
C. 1993
Ans: B
19. Which acts in India talks about laws relating to Disabled persons? A. The Indian
Lunacy Act, 1912
B. The Lepers Act, 1899
C. The mental health Act, 1987
D. All of the above
Ans: D
20. Which of the following legal instruments have provisions addressing the various
aspects relating to the rights of minorities?
A. Convention on the Elimination of All forms of Discrimination, 1965
B. The UNESCO Convention against Discrimination in Education 1960
C. The UNESCO Convention on race and racial prejudice 1978.
D. All of the above
Ans: D
21. In the year ............. the Government of India established a separate Ministry to
augment the rights of minorities in the country. A. 2000
B. 2006
C. 2005
D. 2004
Ans: B
22. Which of the following is the international agreement in order to eradicate

the illegal acts that were targeted to women?
A. International agreement for suppression of the White Slave Traffic in
1910.
B. International convention for the suppression of the Traffic in Women and
Children- 1921
C. Suppression of traffic in persons and the exploitation of prostitution and
other persons 1949
D. All of the above
Ans: D
23. Which is the famous case under Indian Supreme Court, which directed the
executives to take necessary steps in order to protect the rights of the
children of migrant workers and their families?
A. Vishaka V. State of Rajasthan
B. Bachpan Bachao Andolan V. Union of India
C. Kesavananda Bharati V. State of Kerala
D. None of the above.
Ans: B
24. The term 'Nationality' in International Law is often used as a synonym for
"......."in Municipal Law, though they conceptually different.
A. Citizenship
B. Regionalist
C. Ethnicity
D. Statelessness
Ans: A
25. UN adopted The Convention relating to the Status of Stateless Persons-
1954, came in to force in........... ,
A. 1955
B. 1969
C. 1989
D. 1999
Ans: B
ACITIVITY BASED LEARNING
Child Labour Awareness
Learning No of Short
Duration Preparation Materials
Outcome Participants Description
Make copies
Understand Make sure
of the sheet
Child the various there is a
to prepare
labour 20-30 issue of child copy of the
10-20 Statements
Issues & min labour and its sheet for
about
Awareness impact on the each
different
society participant
Issues
Activity Aim:
 To help the participants realize importance of Rights of Children
 To enable the participants to understand the Human rights of children. Child
labour issues and its impact on society
How:
 Split the students into groups of four or five and let each group choose an
image. Using their imagination they should create a character from the
image they see.
 Get them to think about who the child is and what sort of environment he or
she lives and works in. Use questions to stimulate discussion – eg. “How old
do you think the child is?”, “Which country do you think the child comes
from?” etc.
 Encourage the groups to come up with questions of their own.
Summing Up and Reflection
 Ask the group to write notes and ideas about the profile of the child. Then
guide the groups into a deeper analysis of the image so they enter the world
of their character and relate to their situation.
 Ask questions that will encourage the groups to build a more personal profile
of the child, for example, “What is the child’s name?”, “How long has he or
she been doing this work?”, “Why is he or she working?”, “Where does he or
she sleep?”, “Does the child
have any friends?”, “Does the child have any
time to play?”, “What are the child’s best and worst memories?” etc.
 Ask the groups to write up their own questions and get them to be as
creative and imaginative as possible in presenting their “character” to the full
group. This could be in written format or they could act it out or draw the
person. Develop a lively session in which the different groups can share the
profile of “their” child labourer with you and the rest of the group. By the
time the groups have presented their profiles, they will all have a greater
understanding of what it is like to be a child labourer in agriculture and
heightened their emotional awareness on the issue.
LECTURE NOTES - UNIT – V
5. Human Rights of Disadvantaged people
5.1. Introduction - Human Rights of Disadvantaged people – Women
5.1.1. Protection of the human rights of women under international law
5.1.2. International Human Rights Instruments
5.1.3. Regional Instruments
5.1.4. Non-discrimination And Equality Between Women And Men
5.1.5. Women’s Rights In Public And Political Life
5.1.5.1. Sexual And Reproductive Health And Rights
5.1.5.2. Women’s Right To An Adequate Standard Of Living
5.1.5.3. Violence Against Women
5.1.5.4. Women’s Human Rights In Conflicts And Crises
5.1.5.5. Status Of Women In India
5.1.5.6. Constitutional Safeguards
5.2. Human Rights Of Displaced Persons
5.3. Human Rights Of Children
5.3.1. History Of Child Rights
5.3.2. Convention on the Right of Children
5.3.3. Child Rights in India
5.3.4. Child Marriage
5.3.5. Crimes Against Children
5.4 Human Rights of Disabled Person
5.5. Human Rights Of Older Persons
5.6. HIV/AIDS and Human Rights
LECTURE NOTES - UNIT – V
5.7. Implementation of Human Rights
5.7.1. The Global Alliance of National Human Rights Institutions (GANHRI)
5.7.2. Accreditation of NHRIs

5.8. Evolution of Human Rights – Concepts, Norms and Standards
5.9. National Human Rights Commission (NHRC)

5.9.1. Functions and Powers of NHRC
5.9.2. Limitations of NHRC
5.10. State Human Rights Commission
5.10.1. Functions of the Commission

5.11. JUDICIARY
5.12. Social Movements AND NGOs
5.12.1. The International Committee of the Red Cross (ICRC)

5. Human Rights of Disadvantaged People
5.1. INTRODUCTION - HUMAN RIGHTS OF DISADVANTAGED PEOPLE -

WOMEN
Attaining equality between women and men and eliminating all forms of
discrimination against women are fundamental human rights and United Nations
values. Women around the world nevertheless regularly suffer violations of their
human rights throughout their lives, and realizing women’s human rights has not
always been a priority. Achieving equality between women and men requires a
comprehensive understanding of the ways in which women experience
discrimination and are denied equality so as to develop appropriate strategies to
eliminate such discrimination.
The United Nations has a long history of addressing women’s human
rights and much progress has been made in securing women’s rights across the
world in recent decades. However, important gaps remain and women’s realities
are constantly changing, with new manifestations of discrimination against them
regularly emerging. Some groups of women face additional forms of
discrimination based on their age, ethnicity, nationality, religion, health status,
marital status, education, disability and socioeconomic status, among other
grounds. These intersecting forms of discrimination must be taken into account
when developing measures and responses to combat discrimination against
women.
5.1.1 Protection of the human rights of women under international law
Since the founding of the United Nations, equality between men and
women has been among the most fundamental guarantees of human rights.
Adopted in 1945, the Charter of the United Nations sets out as one of its goals “to
reaffirm faith in fundamental human rights, in the dignity and worth of the human
person, [and] in the equal rights of men and women”. Furthermore, Article 1 of
the Charter stipulates that one of the purposes of the United Nations is to
promote respect for human rights and fundamental freedoms “without distinction
as to race, sex, language or religion”. This prohibition of discrimination based on
sex is repeated in its Articles 13 (mandate of the General Assembly) and 55
(promotion of universal human rights).
In 1948, the Universal Declaration of Human Rights was adopted. It, too,
proclaimed the equal entitlements of women and men to the rights contained in
it, “without distinction of any kind, such as ... sex, ….” In drafting the Declaration,
there was considerable discussion about the use of the term “all men” rather than
a gender-neutral term.1 The Declaration was eventually adopted using the terms
“all human beings” and “everyone” in order to leave no doubt that the Universal
Declaration was intended for everyone, men and women alike.
5.1.2 International Human Rights Instruments

After the adoption of the Universal Declaration, the Commission on
Human Rights began drafting two human rights treaties, the International
Covenant on Civil and Political Rights and the International Covenant on
Economic, Social and Cultural Rights. Together with the Universal Declaration,
these make up the International Bill of Human Rights.
The provisions of the two Covenants, as well as other human rights
treaties, are legally binding on the States that ratify or accede to them. States
that ratify these treaties periodically report to bodies of experts, which issue
recommendations on the steps required to meet the obligations laid out in the
treaties. These treaty-monitoring bodies also provide authoritative interpretations
of the treaties and, if States have agreed, they also consider individual complaints
of alleged violations. Both Covenants use the same wording to prohibit
discrimination based on, inter alia, sex (art. 2), as well as to ensure the equal
right of men and women to the enjoyment of all rights contained in them (art. 3).
The International Covenant on Civil and Political Rights guarantees,
among other rights, the right to life, freedom from torture, freedom from slavery,
the right to liberty and security of the person, rights relating to due process in
criminal and legal proceedings, equality before the law, freedom of movement,
freedom of thought, conscience and religion, freedom of association, rights
relating to family life and children, rights relating to citizenship and political
participation, and minority groups’ rights to their culture, religion and language.
The International Covenant on Economic, Social and Cultural Rights guarantees,
for instance, the right to work, the right to form trade unions, rights relating to
marriage, maternity and child protection, the right to an adequate standard of
living, the right to health, the right to education, and rights relating to culture and
science.
In 1967, United Nations Member States adopted the Declaration on the
Elimination of Discrimination against Women, which states that discrimination
against women is an offence against human dignity and calls on States to “abolish
existing laws, customs, regulations and practices which are discriminatory against
women, and to establish adequate legal protection for equal rights of men and
women”. Less than a year later a proposal for a legally binding treaty on women’s
rights was made. The Convention on the Elimination of All Forms of Discrimination
against Women was adopted by the General Assembly in 1979. Its preamble
explains that, despite the existence of other instruments, women still do not enjoy
equal rights with men.
The Convention articulates the nature and meaning of sex-based
discrimination, and lays out State obligations to eliminate discrimination and
achieve substantive equality. As with all human rights treaties, only States incur
obligations through ratification. However, the Convention articulates State
obligations to address not only discriminatory laws, but also practices and
customs, and discrimination against women by private actors. With these general
principles as an overarching framework, the specific obligations of States to
eliminate discrimination against women in political, social, economic and cultural
fields are laid out in 16 substantive articles. The Convention covers both civil and
political rights (rights to vote, to participate in public life, to acquire, change or
retain one’s nationality, equality before the law and freedom of movement) and
economic, social and cultural rights (rights to education, work, health and
financial credit).
The Convention also pays specific attention to particular phenomena such
as trafficking, to certain groups of women, for instance rural women, and to
specific matters where there are special risks to women’s full enjoyment of their
human rights, for example marriage and the family.
The Convention defines discrimination in its article 1 as “… 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.” Such discrimination encompasses any difference
in treatment on the grounds of sex which:
• Intentionally or unintentionally disadvantages women
• Prevents society as a whole from recognizing women’s rights in both the private
and the public spheres
• Prevents women from exercising the human rights and fundamental freedoms
to which they are entitled.
The Convention also specifies the different ways in which State parties are
to eliminate discrimination, such as through appropriate legislation prohibiting
discrimination, ensuring the legal protection of women’s rights, refraining from
discriminatory actions, protecting women against discrimination by any person,
organization or enterprise, and modifying or abolishing discriminatory legislation,
regulations and penal provisions. The Convention foresees that achieving equality
may require positive action on the part of the State to improve the status of
women.
To accelerate women’s actual equality in all spheres of life, States are
permitted to use temporary special measures for as long as inequalities continue
to exist. The Convention thus reaches beyond the narrow concept of formal
equality and aims for equality of opportunity and equality of outcome. Temporary
special measures are both lawful and necessary to achieve these goals. In
principle, these measures should be removed once equal status has been
achieved. Importantly, the Convention adds new, substantive provisions to the
other instruments which also deal with equality and non-discrimination. Article 5
establishes that in addition to recognizing women’s legal equality and promoting
their de facto equality, States should also strive to eliminate the social, cultural
and traditional patterns that perpetuate harmful gender stereotypes and to create
an overall framework in society that promotes the realization of women’s full
rights
5.1.3 Regional Instruments
In addition to international human rights standards, regional human rights

treaties, too, include crucial provisions aimed at promoting and protecting
women’s human rights The African (Banjul) Charter on Human and Peoples’
Rights was adopted in 1981 by the Organization of African Unity. Its article 2
prohibits discrimination on any grounds, including sex, in the enjoyment of the
rights guaranteed by the Charter. Article 18 specifically mentions the obligation of
African States to “ensure the elimination of every discrimination against women
and also ensure the protection of the rights of the woman and the child as
stipulated in international declarations and conventions”.
The Charter’s Protocol on the Rights of Women in Africa (Maputo Protocol)
was adopted in 2003. The Charter of the Organization of American States includes
a nondiscrimination provision in its chapter II, article 3 (l), and the American
Convention on Human Rights in its article 1. Moreover, in 1994 the Organization
adopted the Inter-American Convention on the Prevention, Punishment and
Eradication of Violence against Women (Belém do Pará Convention).
The European Convention on Human Rights and Fundamental Freedoms
prohibits discrimination on any grounds, including sex, in the enjoyment of rights
contained in the Convention (art. 14). Since 1998 individuals can bring complaints
to the European Court of Human Rights based on allegations of violations of the
Convention.
In 2011 the Council of Europe adopted a new Convention on preventing
and combating violence against women and domestic violence (Istanbul
Convention). Regional political organizations, including the Association of
Southeast Asian Nations, the South Asian Association for Regional Cooperation,
the Economic Community of West African States and the Southern African
Development Community, have also adopted protocols and resolutions and issued
declarations pertaining to women’s human rights.
5.1.4 Non-discrimination And Equality Between Women And Men
Non-discrimination and equality between women and men are central
principles of human rights law. Both the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural
Rights prohibit discrimination on the basis of sex and guarantee women and men
equality in the enjoyment of the rights covered by the Covenants. Article 26 of the
International Covenant on Civil and Political Rights also provides for equality
before the law and equal protection of the law.
5.1.5. WOMEN’S RIGHTS IN PUBLIC AND POLITICAL LIFE
Historically, women have been excluded from political life and decision
making processes. Women’s campaigns for participation in the public and political
arena date back to the nineteenth and twentieth centuries and continue today. At
the time of the First World War, few parliamentary democracies recognized
women’s right to vote. In 1945, when the United Nations was established, more
than half of the 51 nations that ratified the Charter still did not allow women to
vote or gave them only restricted voting rights.
According to the Universal Declaration of Human Rights, everyone has the

right to take part in the government of his or her country. One of the first tasks of
the Commission on the Status of Women was to write the 1952 Convention on the
Political Rights of Women. The Convention on the Elimination of All Forms of
Discrimination against Women builds on previous conventions and its article 7
concerns women’s access to decision-making in political and public life.
Article 7 guarantees the right of women to vote in all elections and public
referendums and to be eligible for election to all publicly elected bodies, the right
to participate in the formulation of government policy and its implementation, to
hold public office and perform all public functions at all levels of government, and
the right to participate in non-governmental organizations (NGOs) or associations
concerned with the public and political life of the country. Article 8 requires State
parties to “take all appropriate measures to ensure to women, on equal terms
with men and without any discrimination, the opportunity to represent their
Governments at the international level and to participate in the work of
international organizations.”
5.1.5.1. SEXUAL AND REPRODUCTIVE HEALTH AND RIGHTS
Reproductive health is defined in the Programme of Action of the
International Conference on Population and Development as “a state of complete
physical, mental and social well-being and not merely the absence of disease or
infirmity, in all matters relating to the reproductive system and to its functions and
processes.” The right of everyone to the enjoyment of the highest attainable
standard of physical and mental health defined sexual health as a state of
physical, emotional, mental and social well-being related to sexuality, not merely
the absence of disease, dysfunction or infirmity (E/CN.4/2004/49).
This definition is based on the recognition in the Programme of Action that
the purpose of sexual health “is the enhancement of life and personal relations,
and not merely counseling and care related to reproduction and sexually
transmitted diseases.” Women’s sexual and reproductive health is related to
multiple human rights, including the right to life, the right to be free from torture,
the right to health, the right to privacy, the right to education and the prohibition
of discrimination. The Committee on Economic, Social and Cultural Rights and the
Committee on the Elimination of Discrimination against Women have both clearly
indicated that women’s right to health includes their sexual and reproductive
health. This means that States have obligations to respect, protect and fulfill
rights related to women’s sexual and reproductive health.
5.1.5.2. WOMEN’S RIGHT TO AN ADEQUATE STANDARD OF LIVING
The International Covenant on Economic, Social and Cultural Rights
mentions the right to adequate food, clothing and housing, and the continuous
improvement of living conditions as part of the right to an adequate standard of
living for oneself and one’s family (art. 11). Women’s rights to land, property,
food, water and sanitation, as well as work and social security, are intrinsically
linked to the right to attain an adequate standard of living. All these rights are
guaranteed under international human rights law, including the right to enjoy
these rights on an equal basis with men, without discrimination. Women’s access
to services, to education and to productive resources is paramount to the
realization of the above-mentioned rights.
5.1.5.3. VIOLENCE AGAINST WOMEN
The Declaration on the Elimination of Violence against Women defines
“violence against women” as “any act of gender-based violence that results in, or
is likely to result in, physical, sexual or psychological harm or suffering to women,
including threats of such acts, coercion or arbitrary deprivation of liberty, whether
occurring in public or in private life.” Since the beginning of the 1990s, violence
against women has gained much attention in the human rights discourse.
Women in all countries, irrespective of status, class, age, caste or religion,
experience violence in virtually all spheres of life, whether in the home, at work,
on the street, in government institutions, or in times of conflict or crisis. Violence
is also present throughout the lifetime of a woman, affecting girls and older
women too. Specific groups of women suffering from various forms of
discrimination, such as women with disabilities or migrant women, lesbian,
bisexual and transgender women, are particularly vulnerable to violence.
Understanding that violence against women is a manifestation of historically
unequal power relations between men and women, a human rights analysis posits
that the specific causes of such violence and the factors that increase the risk of
its occurrence are grounded in the broader context of systemic gender-based
discrimination against women and other forms of subordination. Vulnerability to
violence is understood as a condition created by the absence or denial of rights
Violence against women in the family can take the form of domestic violence or
harmful or degrading practices that are violent to and/or subordinate women.
Violence against women have shown that domestic violence remains widespread
and affects women of all social strata. Harmful and degrading practices, such as
dowry-related violence or so-called honor crimes, also continue, without
systematic monitoring, punishment or redress, despite advances in legislation
prohibiting them. Other examples of violence in the family are domestic assault
(physical, psychological, emotional, financial or sexual violence), marital rape,
femicide or gender-motivated killings (domestic murder, ritual killings or killings of
women accused of witchcraft, lynching, as well as gender identity- and sexual
orientation related or ethnic or indigenous identity-related killings), child marriage,
female genital mutilation and sex-selective abortion.
Other forms of violence against women occur in the community. Examples
of such violence can be rape/sexual assault, sexual harassment, violence within
institutions, violence against women migrant workers, witchcraft or sorcery-
related violence or killings. Although in the majority of cases younger women are
at higher risk of witchcraft-related violence, in some parts of Africa older women
are more vulnerable to sorcery-related femicide owing to their economic
dependence on others or the property rights that they hold. Violence against
women is also perpetrated or condoned by the State. This type of violence can
include gender-based violence during conflict, disappearance or extrajudicial
killings, custodial violence, violence against refugees and internally displaced
women, or women from indigenous or minority groups. As will be explained
below, State responsibility can also be invoked for private acts, i.e., when State
officials are not the direct perpetrators of the violence.
5.1.5.4. WOMEN’S HUMAN RIGHTS IN CONFLICTS AND CRISES
In armed conflict or political strife, violence against women
takes severe forms. During the past decade, much international attention has
been paid to the link between gender-based violence and conflicts. Conflict has
far-reaching effects on women’s enjoyment of their human rights, whether civil
and political or economic and social. Despite increased global efforts to combat
gender-based violence in conflict and post-conflict settings, women continue to be
subjected to gender-based violence such as rape, sexual slavery, kidnapping or
trafficking, forced impregnation or miscarriages, and sexual abuse such as forced
nudity, strip searches and other publicly humiliating and violating acts in conflict
and post-conflicts.
Violence against women both during conflict and post-conflict
can be seen as a continuum of the discrimination women experience in
peacetime. Conflict exacerbates pre-existing patterns of discrimination based on
sex and put women and girls at heightened risk of sexual, physical and
psychological violence. The underlying causes of violence both in peace and in
conflict are the same: historically unequal power relations between men and
women, systemic or structural causes such as gender-based discrimination and a
patriarchal value system. In addition, conflict causes an acceptance of higher
levels of violence, and in the post-conflict phase deeply rooted inequalities that
existed before the conflict are aggravated. Thus, the end of conflict does not
translate into an end to the violence that women and girls endure. Women
continue to suffer from the medical, physical, psychological and socioeconomic
consequences of the violence suffered during conflict long after it has ended. The
stigma associated with sexual violence is ever-present, in conflicts and in their
aftermath. Violence against women and girls also spikes in post-conflict societies,
owing to the general breakdown of the rule of law, the availability of small arms,
the breakdown of social and family structures and the “normalization” of sexual
violence as an additional element of pre-existing discrimination.
5.1.5.5. Status Of Women In India
India has given equal status to women. Women in India enjoy right to equality.
5.1.5.6. Constitutional Safeguards:
Indian Constitution under Art.14 provides that “ The state shall not
deny to any person before the law or the equal protection of the laws within the
territory of India”. The above provision clearly shows that women in India enjoy
right to equality and any discrimination against them shall be violation of equality
of right and respect for human dignity. The Indian Constitution also provides
under Art.15 that every female citizen has a right to access to shops, public
restaurants, hotels and places of public entertainment and no restriction can be
imposed on female citizens with regard to the use of wells, tanks, bathing Ghats,
roads and places of public resort maintained wholly or partly by state funds.
Art.16 of the constitution provides that there shall be equality of opportunity for
all citizens (including women) in matters relating to employment or appointment
to any office under the state.
In order to improve the status of women further the constitution
provides under Art.15 (3) that state may make special provisions for women.
Consequently, a number of legal provisions aimed at securing equal status for
and removing discrimination against women have been made. India has ratified
the convention on the elimination of all forms of discrimination against women
on July 9 1993. Ratification of the convention obliges India to honour the
obligations imposed by the convention, which include adapting various measures
to uphold human rights with regard to women
The Indian Supreme Court has formulated the guidelines to guarantee the effective
implementation of the rights of women against sexual exploitation at work
places; in the case Vishaka & others Vs State of Rajasthan; it is observed that:
(i) Each incident of sexual harassment of women at work places results in violation of
fundamental rights of “ Gender Equality” and the “Right to life and liberty”.
.
(ii) It shall be the duty of the employer or the responsible persons in work places or
other institutions to prevent or deter the commission of acts of sexual
harassment and provide the procedures for the resolution, settlement or
prosecution of acts of sexual harassment by taking all steps required.
(iii) All employers or persons in charge of work place should take following steps to
prevent steps to prevent sexual harassment.
(a) Express prohibition of sexual harassment a defined at the work place
should be notified, published and circulated in appropriate ways;
(b)The rules/regulations of Government and public sector bodies relating
to conduct and discipline should include rules/regulations prohibiting sexual
harassment and provide for appropriate penalties in such rules against the
offender.
(c) As regards private employers steps should be taken to include the
aforesaid prohibitions in the standing orders under the Industrial Employment
(Standing Orders) Act. Appropriate work conditions should be provided in
respect of work, leisure, health and hygiene to further ensure that there is no
hostile environment.
(iv) Where such conduct amounts to a specified offence under the Indian Penal
Code or under any other law, the employer shall initiate appropriate action in
accordance with laws. It should ensure that victims, or witnesses are not
victimized or discriminated against while dealing with complaints of sexual
harassment. The victims of sexual harassment should have the seek transfer of
the perpetrator or their own transfer.
(v) Appropriate disciplinary action should be initiated by the employer if the conduct
amounts to misconduct as per relevant conduct rules.
(vi) An appropriate complaint mechanism should be treated in the employer’s
organization for redress of the complaint made by the victim. Such complaint
mechanism should ensure time bound treatment of complaints.
(vii) To provide a complaints committee, a special counselor or other support service
including the maintenance of confidentiality. The committee should be headed by a
woman and not less than half of its members should be women. In order to
prevent the probability of any undue pressure or influence from senior levels, such
complaints committee should involve a third party, either
(viii) Employees should be allowed to raise issues of sexual harassment at

workmen’s meeting and in other appropriate forum and it should be
affirmatively discussed in Employer –Employee meeting.
(ix) Awareness of the rights of female employees in this regard should be created
in particular by prominently notifying guidelines in a suitable manner.
(x) Where sexual harassment occurs as a result of an act or omission by a third
party or outsider, the employer and person in charge will take all steps
necessary and reasonable to assist the affected persons in terms of support
and preventing action
(xi) The Central/State Governments are requested to consider adopting suitable
measures including legislation to ensure that the guidelines are also observed
by the employers in the private sector.
The Supreme Court further stated that the ‘above guidelines’ and norms would
be strictly observed in all work places for the preservation and enforcement of
the right to gender equality of the working women.
5.2 HUMAN RIGHTS OF DISPLACED PERSONS
Who Is Responsible?
"National authorities have the primary duty and responsibility to provide protection
and humanitarian assistance to IDPs within their jurisdiction.“
The Role Of UNHCR
 UNHCR has a predisposition to protect IDPs;

 The UNHCR mandate does not include those who have fled from natural or man-
made disasters;
 In 2004, only 5.4 million IDPs were of concern to the UNHCR out of a total of 25
million IDPs worldwide;
 UNHCR leads protection effort of UN Country Team as part of collaborative
response.
Guiding Principles – Objectives
 Identify the rights and guarantees relevant to the protection of the internally
displaced in all phases of displacement;
 Not binding - but derived from binding international law;
 Provide guidance to all actors dealing with IDPs, including national and
international actors.
5.3 HUMAN RIGHTS OF CHILDREN
Children and childhood across the world, have broadly been construed in
terms of a ‘golden age’ that is synonymous with innocence, freedom, joy, play
and the like. It is the time when one hardly shoulders any kind of
responsibility or obligations. But it is also true that children are vulnerable,
especially when very young. The fact that children are vulnerable, they need to
be cared for and protected from ‘the harshness of the world outside’ and
around. This being so, the adult-child relation, parents in particular, is said to
provide ‘care and protection’ – serving thereby the ‘best interests of the child’
and meeting their day-to-day ‘needs of survival and development’.
It is believed that childhood is that period during which children are

subjected to a set of rules and regulations unique to them, and one that does
not apply to members of other social categories. It is thus not a world of
freedom and opportunity but one of confinement and limitation in which
children are ‘wholly subservient and dependent’. The history of Hebrews,
Greeks and Romans, bears testimony to the fact that children, by and large,
were taken for granted by their parents and the patriarchal society at large.
Many labeled them as a ‘problem population’ whereas others reduced them to
being seen as property and thus treated them as non-entities. The resultant
effect of all this was that they were treated as objects of intervention rather
than as legal subjects in their own right.
2.2 billion of the world's people are under 18 years old, with 2 billion from
developing countries. 30,500 children under 5 years old die every day of
preventable diseases such as diarrhea, pneumonia and malnutrition. Every
month, 50,000 children under 15 are infected with AIDS. Of all children in
developing countries, 20% of those ages 5 to 15 are engaged in child labor in
hazardous and harmful conditions.30% under 5 are underweight, nearly 40%
suffer from stunted growth, and over 50% are malnourished. More children
today live in poverty than 10 years ago, and more children find themselves in
a more violent and unstable environment
There are an estimated 200 million children with disabilities in the world,
out of a global population of about two billion children. In other words,
approximately 10 percent of the total population of children, the majority living
in developing countries, are born with a disability or become disabled during
childhood. Over 72 million primary-school-age children are not enrolled in
school. Globally, 36 per cent of women aged 20–24 were married or in union
before they reached 18 years of age. An estimated 14 million adolescents
between 15 and 19 give birth each year. Girls in this age group are twice as
likely to die during pregnancy or childbirth as women in their twenties.
Currently there are 350,000 child soldiers engaged in armed conflict
throughout the world. Under international human rights law, age 18 is the
minimum acceptable age for direct participation in armed conflict. It is
estimated that more than 8 million children have either been maimed or killed
as a direct result of armed conflict in the last decade. Additionally, the use of
landmines has led to approximately 10,000 deaths or severe injuries every
year.
5.3.1 HISTORY OF CHILD RIGHTS
One of the earliest recognitions of children’s rights perhaps is found in

the Massachusetts Body of Liberties of 1641 where parents are told not to
choose their children’s mates and not to use unnatural severity against their
children. Children, furthermore, were given ‘free liberty to complain to the
Authorities for redress’. But this was also the law that prescribed the death
penalty for children over 16 who disobeyed parents. Following the First World
War ,the newly formed League of Nations established a Committee on Child
Welfare in 1919.
The private agencies also felt the need to provide broad social standards
for the protection of children. Of particular importance was the Save the
Children International Union, inspired largely by the work of Eglantine Jebb,
who had founded Save the Children in response to her own experience with
child victims of war. In 1923, the Save the Children International Union
adopted as its charter a five-point declaration which described the basic
conditions a society should meet in order to provide adequate protection and
care for its children. The next year, the Union persuaded the League of
Nations to adopt the same declaration.
In the year 1924 League of Nations adopted the Declaration of the Rights
of the Child which came to be known as the “Declaration of Geneva”.
Recognizing that ‘mankind owes to the child the best that it has to give’, the
five simple principles of the Declaration established the basis of child rights in
terms of both protection of the weak and vulnerable and promotion of the
child’s development. The Declaration also made it clear that the care and
protection of children was no longer the exclusive responsibility of families or
communities or even individual countries; the world as a whole had a
legitimate interest in the welfare of all children.
5.3.2 CONVENTION ON THE RIGHT OF CHILDREN
In 1989, world leaders decided that children needed a special convention just
for them because people under 18 years old often need special care and
protection that adults do not. The leaders also wanted to make sure that the
world recognized that children have human rights too The Convention on the
Rights of the Child(CRC) is the first legally binding international instrument to
incorporate the full range of human rights—civil, cultural, economic, political and
social rights. The Convention sets out these rights in 54 articles. It spells out the
basic human rights that children everywhere have: the right to survival; to
develop to the fullest; to protection from harmful influences, abuse and
exploitation; and to participate fully in family, cultural and social life.
The four core principles of the Convention are non- discrimination; devotion to
the best interests of the child; the right to life, survival and development; and
respect for the views of the child. The Convention protects children's rights by
setting standards in health care; education; and legal, civil and social services.
The CRC is the first legally binding international instrument to incorporate the
full range of children’s human rights—civil, cultural, economic, political and social
rights--- in a single text. The Convention sets out these rights in 54 articles
which can be grouped into three broad categories:
Survival and development rights:
These are rights to the resources necessary for the survival and full
development of the child. They include rights to adequate food, shelter, clean
water, formal education, primary health care, leisure and recreation, cultural
activities and information about their rights.
Protection rights:
It include protection from all forms of child abuse, neglect, exploitation
and cruelty, including the right to special protection in war and protection from
abuse in the criminal justice system.
Participation rights:
Children are entitled to the freedom to express opinions and to have a
say in matters affecting their social, economic, religious, cultural and political
life. Participation rights include the right to express opinions and be heard, the
right to information and freedom of association.
5.3.3. CHILD RIGHTS IN INDIA
The Constitution of India recognizes the vulnerable position of children
and their right to protection. Article 15 in the Constitution guarantees special
attention to children through necessary and special laws and policies that
safeguard their rights. The Right to equality, protection of life and personal
liberty and the right against exploitation are enshrined in Articles 14, 15, 16, 17,
21, 23 and 24. The Government of India ratified the UN Convention on the Rights
of the Child (UNCRC) in 1992. The Convention prescribes standards to be
adhered to by all State parties in securing the best interest of the child.
India has adopted a number of laws and formulated a range of policies to ensure
children’s protection and improvement in their situation including,
 The Guardian and Wards Act 1890,
 Factories Act 1948,
 Hindu Adoption and Maintenance Act 1956,
 Probation of Offenders Act 1958,
 Bombay Prevention of Begging Act 1959,
 Orphanages and Other Charitable Homes (Supervision and Control) Act 1960
 National Policy for Children 1974,
 Bonded Labour System (Abolition) Act 1976,
 Child Marriage and Restraint Act 1979
 Immoral Traffic Prevention Act 1986
 Child Labour (Prohibition and Regulation) Act 1986
 National Policy on Education 1986
 Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act 1987,
 National Policy on Child Labour 1987
 Feeding Bottles and Infant Foods (Regulation of Production, Supply and Distribution)
Act 1992,
 National Nutrition Policy 1993,
 Pre-natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act 1994,
 Persons with Disabilities (Equal Protection of Rights and Full Participation) Act 2000,
 Juvenile Justice (Care and Protection of Children) Act 2000,
 National Health Policy 2002
NCPCR
The National Commission for Protection of Child Rights (NCPCR) was set
up in March 2007 under the Commission for Protection of Child Rights Act,
2005, an Act of Parliament (December 2005). The Commission's Mandate is to
ensure that all Laws, Policies, Programmes, and Administrative Mechanisms
are in consonance with the Child Rights perspective as enshrined in the
Constitution of India and also the UN Convention on the Rights of the Child.
The Child is defined as a person in the 0 to 18 years age group.
EDUCATION
The 86th Amendment to the Constitution, on the Fundamental Right to
Education for the 6 to 14 years age group, has also led to the inclusion of an
additional clause under article 51A that imposes a fundamental duty upon
parents or guardians to provide opportunities for education of their
children/wards between the ages of 6 and 14 years.
5.3.4. CHILD MARRIAGE
There is legal recognition of the fact that children must not be married
before they are physically and mentally ready for it. The Child Marriage Restraint
Act, 1929 (CMRA) prescribes a minimum age of 21 years for males and 18 years
for females.
THE JUVENILE JUSTICE ACT

1. Juvenile in ‘conflict with the law’ handled by State Governments/ ‘Juvenile
Boards’
2. Child in need of ‘care and protection’ to be looked after by State Governments/
‘Child Welfare Committees’ Act to be implemented by the respective State
Governments
 To provide care/protection to children by:
 Catering to a child’s development needs
 Adopting a child friendly atmosphere and approach, for adjudication of cases
related to juveniles/children
 Keeping the child’s “best interest” in mind
 Keeping rehabilitation of the child as a goal
CARE, SUPPORT AND REHABILITATION
1. Emergency outreach service through Child line

2. Transitional shelters for children in need in urban and semi-urban areas
3. Family based non institutional care through: Sponsorship; Foster Care; Adoption;
and After Care Programme
4. Institutional Services: Shelter Homes; Children’s Homes; Observation Homes;
Special Homes; and Specialized services for children with special needs
5. General grant-in-aid for need based/ innovative interventions
5.3.5. CRIMES AGAINST CHILDREN
Punishment for cruelty – imprisonment for a term of six months or fine,

or both Employment for begging – imprisonment may extend up to three years
and also fine Penalty for giving psychotropic substance – imprisonment may
extend up to three years and also fine. Exploitation of child employees -
imprisonment may extend up to three years and also fine (except upon the
advice of a duly qualified medical practitioner)
Crime against children are cognizable offences
 On receipt of compliant, the police must arrest the perpetrator
 Police must file an FIR
 Police will release the child on bail.
PROTECTION
 Handling by special juvenile police
 Handcuffing of juvenile/child prohibited.
 Police should not be in uniform
 Child / juvenile cannot be kept in jail or lock-up
 No death penalty or life imprisonment
 Proceeding are informal, participatory and private.
 Deletion of record of juvenile after 7 years
 Parents to be involved in juvenile processes
 Right to free legal aid
 No joint trial of a juvenile with an adult
 Information about a juvenile cannot be released to media.
5.4 Human Rights of Disabled Person
Disabled persons shall enjoy all the rights set forth In the Declaration.
These rights shall be granted to all disabled persons without any exception
whatsoever and without distinction or discrimination on the basis of race, colour,
sex, language, religion, political or other opinions, national or social origin, state
of health, birth or any other situation applying either to the disabled persons
himself or herself or to his or her family. Disabled persons have the inherent right
to respect for their human dignity. Disabled persons, whatever the origin, nature
and seriousness of their handicaps and disabilities, have the same fundamental
rights as their fellow citizens. This implies, first and foremost, the right to enjoy a
decent life, as normal and full as possible.
Same Rights as other human-beings Disabled persons have the same civil
and political rights as other human beings. Article 7 of the Declaration of the
Rights of Mentally-retarded Persons applies to any possible limitation or
suppression of these rights for mentally disabled persons. Disabled persons are
entitled to the measures designed to enable them to become as self-reliant as
possible. Disabled persons have the right to medical, psychological and functional
treatment, including prosthetic and orthotic appliances, medical and social
rehabilitation; education; vocational education; training and rehabilitation; aid;
counseling; placement services and other services, which will enable them to
develop their capabilities and skills to the maximum and will hasten the process of
their social integration or reintegration.
 Disabled persons have the right to economic and social security and to a decent
level of living.
 They have the right, according to their capabilities, to secure and retain
employment or to engage in a useful productive and remunerative occupation and
to join trade unions.
 Disabled persons are entitled to have their special needs taken into consideration
at all stages of economic and social planning.
 Disabled persons have the right with their families or with foster parents and to
participate in all social creative or recreational activities.
 If the stay of a disabled person in a specialized establishment is indispensable,
the environment and living conditions therein shall be as close as possible to
those of the normal life of a person of his or her age.
Protection against Exploitation and Discrimination
Disabled persons shall be protected against all exploitation, all regulations
and all treatment of a discriminatory, abusive or degrading nature. Disabled
persons shall be able to avail themselves of qualified legal aid that proves
indispensable for the protection of their person and property. If judicial
proceedings are instituted against them, the legal procedure applied shall take
their physical and mental condition into account.
Organizations of disabled persons may be usefully consulted in all matters
regarding the rights of disabled persons. Disabled persons. their families and
communities, shall be fully informed, by all appropriate means, of the rights
contained in this Declaration. In short, under the International Charter of Human
Rights (consisting of Universal Declaration of Human Rights and two Covenants),
everyone has a right to have a standard of living. adequate for his well being,
including food, clothing, housing, medical care. and other necessary social
services. Every man is also entitled to enjoyment of his life and reasonable
fulfillment of his hopes and aspirations. In a welfare state, a handicapped person
being a human being, is also entitled to such rights, including rehabitation. Such a
person is also entitled to get employment suited to him. All civilized nations of the
world, which are party to the International Bill of Human Rights, are identifying
and helping the handicapped people to find their place in society where they can
live as useful citizens, and cease to be burden on the families in which they are
born.
Role of the Government
Indian Constitution has declared India as a Welfare State. In tune with the
philosophy of welfare state ideals, disabled persons should receive special
attention and treatment. There should have been a constitutional guarantee for
full human rights, protection against exploitation and discrimination as well as for
their all around uplift-ment. Even in the absence of a constitutional provision, it is
the duty of the state to provide sufficient facilities, training, rehabilitation of the
handicapped so that they may lead a normal life without any burden on their
families and the community. Persons with Disabilities (Equal Opportunities,
Protection of Rights and Full Participation) Act, 1995
The Government of India, has enacted a comprehensive piece of
legislation namely. "the Persons with Disabilities (Equal Opportunities, Protection
of Rights and Full Participation) Act, 1995" with a view to enforce the human
rights of the disabled in pursuance of the UN Declaration. This law is an important
landmark and will ensure equal opportunities for persons with disabilities and
their full participation in the nation building. The Act provides for both preventive
and promotional aspects of rehabilitation like education, employment and
vocational training, reservation, research and manpower development, creation of
barrier free environment, rehabilitation for persons with disability, unemployment
allowance for the disabled, special insurance scheme for the employees and
establishment of homes for persons with severe disability, etc. The Act has been
enforced w.e.f 07.02.1996.
National Trust for Welfare of Mentally Challenged Persons
"The National Trust for Welfare of Persons with Autism. Cerebral Palsy,
Mental Retardation and Multiple Disabilities Act, 1999" provides for total care to
persons with Autism, Cerebral Palsy, Retardation and Multiple Disabilities and also
manage the properties bequeathed to the Trust. It is an important legislation
intended to take care of the most neglected section of disabilities sector. National
Handicapped Finance and Development Corporation The Government has also set
up a National Handicapped Finance and Development Corporation with an
authorized share capital of Rs. 400 Crores and paid up share capital of Rs. 200
Crores to make the persons with disabilities productive and bring them into the
mainstream of economic activity. National Human Rights Commission India being
the signatories to the Human Rights Charter of the United Nations, constituted a
high powered Commission namely, National Human Rights Commission to protect
not only human rights of citizens but also of all categories of disabled persons.
The Commission also deals with violation of human rights as well as protection
against exploitation, discrimination etc. In the absence of a proper forum to take
up the cases on behalf of disabled persons before the National Human Rights
Commission, the disabled have not so far taken any advantage from the
Commission. Hence there is an urgent need that some organised groups of
people should come forward to help the disabled in taking up their cases
pertaining to violation of rights and exploitation and discrimination against them.
A Modest Beginning for India It is hoped that the UN Declaration and
other international instruments will prove useful guide not only to officials
responsible for the implementation of these standards but also non-governmental
organizations, employers and workers organizations, and all others who are
actively involved in helping disabled persons to become fully integrated in the
mainstream of the society. Although a modest beginning has been made in India
but it may take decades to ensure full implementation and effective enforcement
of all national and international instruments on human rights. Such an exercise is
worth while as, with the progressive removal of illiteracy and poverty, the spread
of education and a sustained campaign for attitudinal changes and creating
community awareness, the concept of human rights will gradually spread
throughout the globe. The following measures for creating awareness and
removing ignorance are suggested: (a) The child is the father of man. It is
therefore, desirable that students from primary level should be introduced with
the subject of the disability to enable them to develop better understanding
towards the disablement over a period of time. Obviously, proper awareness and
understanding is absolutely necessary to treat them on equal footing or at par
with normal human beings and offer them the opportunities to unfold their
capabilities without any exploitation and discrimination. (b) Orientation of
students as well as faculty members at University level and professional institutes
like engineering colleges, management institutes, medical colleges, law institutes,
staff colleges for lAS, IPS, PCS,judicial officers and other professions will certainly
help them to understand the problems faced by the disabled in securing
admission in schools and colleges, vocational training institutes, employment,
placement etc. Such an orientation of the above professionals will go a long way
to help them to view the problems with sympathy in their career. (c) The Ministry
of Social Justice and Empowerment should take up the matter with the Ministry of
HRD; University Grant Commission (UGC) and All India Council of Technical
Education (AICTE) regarding introduction of the subject on disability in all
academic and professional courses in the country. This will also generate goodwill
for the disablement, besides development of better understanding. (d) The NGOs
can also playa vital role in removing ignorance and creating awareness about the
rights of the disabled through constant efforts and programmer. (e) Mass media,
like newspapers, radio, TV and films may also be helpful in dispelling the
prejudices and discriminations against the education, placement and rehabilitation
of the disabled by depicting success stories of the people with disabilities.
5.5 HUMAN RIGHTS OF OLDER PERSONS

The world’s population is ageing. Almost 700 million people are now over
60. In 2050, for the first time in human history, there will be more persons over
60 than children in the world - more than one in five of the world’s population will
be aged 60 or older. Women already outnumber men among those aged 60 or
older, and are twice as numerous among those aged 80 or over. A 2011 report to
the UN Secretary-General examines the human rights challenges and trends
presented by population ageing faster than at any other time in history. Whilst the
report stresses that persons over 60 face diverse challenges depending on their
context, nonetheless, there are a number of clearly identifiable challenges which
require strategies at the national and global levels. All of these questions should
be viewed through a human rights prism, in developed and developing countries
alike.
CHALLENGES
Discrimination:
Ageism is too often tolerated in societies across the world. Discrimination
on the basis of age is often combined with other forms of discrimination, on the
grounds of gender, race and ethnicity, religion, disability, health or socio-economic
conditions, among others negatively affecting the enjoyment of the full range of
human rights of older persons
Poverty:
The single most pressing challenge to the welfare of older persons is
poverty, characterized by homelessness, malnutrition, unattended chronic
diseases, lack of access to safe drinking water and sanitation, unaffordable
medicines and treatments and income insecurity. Despite their own poverty, older
persons are often the main providers for the household and the primary
caregivers for grandchildren and other family members.
Violence and abuse:
Abuse of older persons - physical, emotional and/or sexual - by someone
in a position of trust, occurs worldwide. Financial exploitation, too, is not
infrequent and goes under-reported, and under-documented.
Lack of specific measures and services:
There are not enough resources and facilities to cope with the growing
demand, particularly for specialized services such as residential centres, and long
term home-care programmes or geriatric services, necessary to guarantee the
human rights of older persons.
INTERNATIONAL NORMS AND STANDARDS RELATED TO OLDER PERSONS
The report summarizes existing norms and standards, offers some
illustration of how they have been applied and explores remaining gaps. Since
1982, the international community has explored the situation of older persons in a
series of international declarations such as the Madrid International Plan of Action
on Ageing (endorsed by the General Assembly in 2002) which called for the
elimination of age discrimination, neglect, abuse and violence. International
obligations to older persons are implicit in most core human rights treaties, such
as the two Covenants, on Economic, Social and Cultural Rights and on Civil and
Political Rights, the Convention on the Elimination of All Forms of Discrimination
against Women and the Convention on the Rights of Persons with Disabilities.
However, explicit references to older persons in binding international
human rights instruments are scarce. Some treaty monitoring mechanisms and
special rapporteurs have applied existing norms specifically to the situation of
older persons, including in relation to the right to social security, the right to
health, equality before the law, and guarantees of an adequate standard of living
without discrimination on any ground.
NATIONAL RESPONSES TO SPECIFIC HUMAN RIGHTS ISSUES
The report stresses that older persons are not a homogenous group. The
experience of old age varies greatly between men and women and may be very
different for someone in their 60’s versus another person in his or her 80’s.
Nonetheless, what is often shared by older persons as a group is the experience
of being stereotype, of political disempowerment and economic and social
disadvantage. The report offers various examples of measures taken in response
to the challenges facing older people and also outlines some of the major gaps in
the responses. Some Governments, particularly in recent years, have begun to
address the need to afford special protection to older persons, for example, by
recognizing in their constitutions the principle of equality and non-discrimination;
by introducing laws and policies that address age-related discrimination in
employment, and by reforming pensions to offer broader coverage. Globally
however, the response has been inconsistent. Efforts to protect the rights of older
men and women are scattered and insufficient, with a general lack of
comprehensive, targeted legal and institutional frameworks.
The several areas where much work remains to be done:
Strengthening the international protection regime for the human rights of older
persons: In spite of the challenges outlined in this report, there is still no
dedicated international protection regime on older persons
Violence against older persons and women in particular: Closely linked with
disempowerment and discrimination, violence often goes unreported and under-
documented as older persons are reluctant or unable to report incidents.
Financial exploitation: Older persons continue to face multiple threats of financial
exploitation, including fraud, arbitrary deprivation of their property, theft and
expropriation of their land, property and goods.
Health: Older persons suffer discrimination in health care and tend to be overlooked
in health policies, programmes and resource allocation. There are few
comprehensive health policies which include prevention, rehabilitation and care of
the terminally ill.
Long-term care: Much remains to be developed in this area. Long-term care is often
inadequate, affected by labour shortages and low quality services. The situation is
worsened by lack of legal frameworks to monitor human rights violations in long-
term care facilities.
Participation in policymaking and political life: Direct and informed participation of
older persons in the design of public policy is central to their integration as right-
holders. The report highlights as particularly lacking, mechanisms ensuring
participation and accountability.
Work: A few countries have enacted non-discrimination legislation in employment
based on age. The European Council, for example, has approved a directive which
requires all Member States to introduce legislation prohibiting discrimination at
work based on age.
5.6 HIV/AIDS AND HUMAN RIGHTS
Introduction
More than thirty years after the first clinical evidence of acquired
immunodeficiency syndrome was reported, AIDS has become one of the most
devastating diseases humankind has ever faced. Since the epidemic began, more
than 60 million people have been infected with the virus and nearly 30 million
people have died of HIV-related causes. AIDS has become the sixth-largest cause
of death worldwide.
At the end of 2009, an estimated 33.3 million people globally were living
with HIV. In that year alone, there were an estimated 1.8 million AIDS-related
deaths and 2.6 million new HIV infections. Data from 2009 shows that the AIDS
epidemic is beginning to change course as the number of people newly infected
with HIV is declining and AIDS –related deaths are decreasing. This is in large
part due to more people living longer as access to antiretroviral therapy increases,
but these gains remain fragile and disparities continue to exist among countries
and within countries. Sub-Saharan Africa continues to be the region most affected
with 69% of all new infections and in seven mostly Eastern European and Central
Asian countries, new HIV infection rates have increased by 25%. Furthermore,
90% of governments reported that they address stigma and discrimination in their
HIV programmes, however, less than 50% costs of budgeted such programmes.
Vulnerability to HIV linked to a number of human rights challenges remains a
concern
Human rights are inextricably linked with the spread and impact of HIV on
individuals and communities around the world. A lack of respect for human rights
fuels the spread and exacerbates the impact of the disease, while at the same
time HIV undermines progress in the realisation of human rights. This link is
apparent in the disproportionate incidence and spread of the disease among
certain groups which, depending on the nature of the epidemic and the prevailing
social, legal and economic conditions, include women and children, and
particularly those living in poverty. It is also apparent in the fact that the
overwhelming burden of the epidemic today is borne by developing countries,
where the disease threatens to reverse vital achievements in human
development. AIDS and poverty are now mutually reinforcing negative forces in
many developing countries.
The relationship between HIV/AIDS and human rights is highlighted in three areas:
Increased vulnerability: Certain groups are more vulnerable to contracting the
HIV virus because they are unable to realize their civil, political, economic, social
and cultural rights. For example, individuals who are denied the right to freedom
of association and access to information may be precluded from discussing issues
related to HIV, participating in AIDS service organizations and self-help groups,
and taking other preventive measures to protect themselves from HIV infection.
Women, and particularly young women, are more vulnerable to infection if they
lack of access to information, education and services necessary to ensure sexual
and reproductive health and prevention of infection. The unequal status of
women in the community also means that their capacity to negotiate in the
context of sexual activity is severely undermined. People living in poverty often
are unable to access HIV care and treatment, including antiretrovirals and other
medications for opportunistic infections.
Discrimination and stigma:
The rights of people living with HIV often are violated because of their
presumed or known HIV status, causing them to suffer both the burden of the
disease and the consequential loss of other rights. Stigmatization and
discrimination may obstruct their access to treatment and may affect their
employment, housing and other rights. This, in turn, contributes to the
vulnerability of others to infection, since HIV-related stigma and discrimination
discourages individuals infected with and affected by HIV from contacting health
and social services. The result is that those most needing information, education
and counseling will not benefit even where such services are available.
Impedes an effective response:
Strategies to address the epidemic are hampered in an environment
where human rights are not respected. For example, discrimination against and
stigmatization of vulnerable groups such as injecting drug users, sex workers, and
men who have sex with men drives these communities underground. This inhibits
the ability to reach these populations with prevention efforts, and thus increases
their vulnerability to HIV. Likewise, the failure to provide access to education and
information about HIV, or treatment, and care and support services further fuels
the AIDS epidemic. These elements are essential components of an effective
response to AIDS, which is hampered if these rights are not respected.
Human Rights approach to HIV and AIDS affected persons
Where individuals and communities are able to realize their rights - to
education, free association, information and, most importantly, non-discrimination
- the personal and societal impacts of HIV and AIDS are reduced. Where an open
and supportive environment exists for those infected with HIV; where they are
protected from discrimination, treated with dignity, and provided with access to
treatment, care and support; and where AIDS is de-stigmatized; individuals are
more likely to seek testing in order to know their status. In turn, those people
who are HIV positive may deal with their status more effectively, by seeking and
receiving treatment and psychosocial support, and by taking measures to prevent
transmission to others, thus reducing the impact of HIV on themselves and on
others in society.
The protection and promotion of human rights are therefore essential in
preventing the spread of HIV and to mitigating the social and economic impact of
the pandemic. The reasons for this are threefold. First the promotion and
protection of human rights reduces vulnerability to HIV infection by addressing its
root causes. The adverse impact on those infected and affected by HIV is
lessened. Third individuals and communities have greater ability to respond to the
pandemic. An effective international response to the pandemic therefore must be
grounded in respect for all civil, cultural, economic, political, economic and social
rights and the right to development, in accordance with international human
rights standards, norms and principles.
States' obligations to promote and protect HIV-related human rights are
defined in existing international treaties. HIV/AIDS-related human rights include
the right to life; the right to liberty and security of the person; the right to the
highest attainable standard of mental and physical health; the right to non-
discrimination, equal protection and equality before the law; the right to freedom
of movement; the right to seek and enjoy asylum; the right to privacy; the right
to freedom of expression and opinion and the right to freely receive and impart
information; the right to freedom of association; the right to marry and found a
family; the right to work; the right to equal access to education; the right to an
adequate standard of living; the right to social security, assistance and welfare;
the right to share in scientific advancement and its benefits; the right to
participate in public and cultural life; and the right to be free from torture and
other cruel, inhuman or degrading treatment or punishment.
The United Nations human rights instruments and mechanisms provide

the normative legal framework as well as the necessary tools for ensuring the
implementation of HIV-related rights. Through their consideration of States
reports, concluding observations and recommendations, and general comments,
the UN treaty monitoring bodies provide States with direction and assistance in
the implementation of HIV-related rights. The Special Procedures of the Human
Rights Council, including special representatives, thematic and country
rapporteurs, and working groups also are in a position to monitor respect for HIV-
related rights. The Human Rights Council also requests the Secretary-General to
solicit comments from Governments, United Nations bodies, programmes and
specialized agencies and international and NGOs on steps they have taken to
promote and implement, where applicable, programmes to address the urgent
HIV-related human rights of women, children and vulnerable groups in the
context of prevention, care and access to treatment.
5.7 Implementation of Human Rights
Human rights treaties are legally binding treaties. The parties to the
treaties (“state parties”) are responsible for their implementation, and under an
obligation to do so. Thus, the state and its agencies are called “duty bearers”.
To implement human rights treaties domestically, duty bearers have to:

adapt existing laws or pass new laws; change or adapt administrative or financial
measures; issue national action plans and similar programmes; guarantee and
facilitate access to legal protection if someone feels violated in his or her human
rights; regularly review and evaluate the results of these measures. Next to
domestic courts, civil society organisations play an important role in the
implementation of human rights, and so do National Human Rights Institutions
(NHRI) and the media. They can inform about human rights, demand the ratification
of human rights treaties, document violations of human rights as well as monitor,
call for and support the implementation of human rights obligations. Two recent
human rights treaties even oblige states to establish national monitoring
mechanisms: The Optional Protocol to the UN-Convention Against Torture and the
Convention on the Rights of Persons with Disabilities (CRPD).
In Germany, the National Agency for the Prevention of Torture was

founded in 2008, and the CRPD National Monitoring Body was established in May
2009 at the German Institute for Human Rights. National Human Rights Institutions
(NHRIs) that comply with the principles relating to the status of national institutions,
commonly known as the Paris Principles, are playing a crucial role in promoting and
monitoring the effective implementation of international human rights standards at
the national level, a role which is increasingly recognized by the international
community. OHCHR, through the National Institutions and Regional Mechanisms
Section (NIRMS), supports the establishment and strengthening of NHRIs and works
closely with NHRIs to support them in the implementation of their broad mandates
to promote and protect human rights. NHRIs perform core protection issues, such as
the prevention of torture and degrading treatment, summary executions, arbitrary
detention and disappearances, or the protection of human rights defenders. NHRIs
also play a role in advancing all aspects of the rule of law, including with regard to
the judiciary, law enforcement agencies and the correctional system. NHRIs also
contribute to effective Parliaments (ideally with a Human Rights body), strong and
dynamic civil society organizations, alert and responsive media, a school system with
human rights education programmes at all levels and, generally, a society
encouraging
the objective of a universal culture of human rights. Specifically, “A” status NHRIs
are one of the best relay mechanisms at country level to ensure the application of
international human rights norms.
More specifically, NIRMS:
 supports efforts for the establishment and strengthening of NHRIs worldwide,

with and through OHCHR geographic desk officers and field presences, other
UN agencies, funds and programmes and regional networks of NHRIs, including
through technical cooperation and capacity-building projects for NHRIs;
 reviews draft laws concerning NHRIs and advises on compliance with the PPs;
 establishes guidance notes, methodological tools, best practices and lessons

learned on issues related to NHRIs;
 provides secretariat support to the Global Alliance of National Human Rights

Institutions, including its Sub-Committee on Accreditation and its Bureau;
 facilitates partnerships between NHRIs and UNCTs;
 supports the interaction of NHRIs with the international human rights system,
including treaty bodies, special procedures mechanisms, the HRC/UPR;
 supports regional and sub-regional networks on NHRIs;
 drafts the Secretary-General’s and High Commissioner’s reports to the General

Assembly and the Human Rights Council on OHCHR NHRI-related activities;
Relevant UN resolutions
Over the past two decades, the United Nations General Assembly and other bodies
have issued resolutions of relevance to NHRIs:
 GA resolution 48/134 endorsing the Paris Principles;
 A number of GA resolutions on national human rights institutions, of which the

latest is A/RES/74/156
 A number of HRC resolutions on national human rights institutions, of which

the latest is A/HRC/RES/39/17
 A number of GA resolutions on the role of the Ombudsman, mediator and other

national human rights institutions in the promotion and protection of human
rights, of which the latest is A/RES/72/186;
Relevant SG reports
 Secretary-General's report to the General Assembly on national institutions for

the promotion and protection of human rights. - A/74/226
 Secretary-General's report to the Human Rights Council on national institutions

for the promotion and protection of human rights. - A/HRC/39/20
 Secretary-General’s report to the Human Rights Council on Activities of the

Global Alliance of National Human Rights Institutions in accrediting national
institutions in compliance with the principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris
Principles). - A/HRC/39/21
 Secretary-General's report to the General Assembly on the role of the

Ombudsman, mediator and other national human rights institutions in the
promotion and protection of human rights - A/72/230
5.7.1. The Global Alliance of National Human Rights Institutions

(GANHRI)
At the International Conference held in Tunis in 1993, NHRIs established the
International Coordinating Committee of NHRIs (ICC) with the aim to coordinate
the activities of the NHRI network. In 2016, the ICC changed its name into Global
Alliance of National Human Rights Institutions (GANHRI). GANHRI is incorporated
as a legal entity under the Swiss law, and has a Bureau consisting of 16 “A status”
NHRIs representing the four regions of GANHRI. General annual meetings of
GANHRI, meetings of the GANHRI Bureau and of the Sub-Committee on
Accreditation, as well as international conferences of GANHRI are held in
cooperation with NIRMS in its capacity as the GANHRI secretariat.
5.7.2. Accreditation of NHRIs
The Sub-Committee on Accreditation (SCA) of the Global Alliance of National

Human Rights Institutions (GANHRI) has the mandate to review and analyze
accreditation applications and to make recommendations to the GANHRI Bureau on
the compliance of applicants with the Paris Principles. The SCA is composed of one
“A status” accredited NHRIs from each of the four regional groupings: Africa, the
Americas, Asia Pacific and Europe. Members of the SCA are appointed by the
regional groupings for a renewable term of three years. NIRMS participates in the
work of the SCA as a permanent observer and in its capacity as the
GANHRI secretariat.
As of 4 March 2019, there are 78 NHRIs accredited with A Status by the GANHRI,
i.e. in compliance with the Paris Principles. The following link provides access to
the sessions of the GANHRI Sub-Committee on Accreditation (SCA) for 2019.
Guidance notes for NHRIs
NHRIs have clearly defined roles and opportunities to participate in the international
human rights system and to follow-up to results and recommendations at the
national level. The following links contain short guidance notes for NHRIs for:
a)The Human Rights Council,
b) the 2nd cycle of the Universal Periodic Review /UPR.
Fellowship for NHRI staff
In 2008, the National Institutions Unit, of OHCHR introduced a fellowship

programme. Through this programme, the staff members from NHRIs accredited
with “A” status are selected to work in NIRMS for six months to gain knowledge
and experience with the United Nations human rights system. This fellowship
programme is beneficial for OHCHR, both in terms of substantive expertise as well
as through the consolidation of direct contacts with NHRI staff globally.
National Implementation of International Human Rights, Social Inclusion and the

Empowerment of People
Poverty eradication, full employment and creating a context for inclusive

citizenship is recognized as an important goal of governance. And yet social
indicators across developing nations clarify that inequality and disparity derived
from many factors including persistent poverty, ethnicity and gender deny the
promise of inclusive citizenship, economic growth and development. Even within
developed countries some sectors experience poverty, discrimination and
disadvantage.
The need for a model of development and economic growth that benefits all
sectors of the population has become particularly urgent given the phenomenon
of jobless growth and increasing disparity in countries that have achieved
significant and successful economic growth, even acquiring a different status as a
middle or high income country.
Human rights activists and scholars have argued for some years that a human
rights based approach that integrates international human rights norms and
standards into national development policies and programmes is an essential
strategy in responding to the contradiction between successful economic growth
and disparity reduction. They have also argued that it is the integration of these
norms and standards that can facilitate people’s participation and their
empowerment in development. It is useful to reflect on the implementation of
international human rights in the last few decades, and examine whether country
experiences indicate that a human rights based approach to development can
contribute in some measure to achieve inclusive development.
5.8. Evolution of Human Rights – Concepts, Norms and
Standards:
The Link to Development International human rights concepts norms and

standards evolved from a European discourse that focused on individual civil
liberties and civil and political rights. The Universal Declaration of Human Rights
(UDHR) (1948) had a broad vision of equality. The focus was on civil liberties of
the individual but there were references to economic social and cultural rights
including the right to “just and favourable” conditions of work, an adequate
standard of living, shelter, education and health. (Art 22-26). However while civil
liberties were considered immediately enforceable, socio economic rights were
rights described as rights enjoyed “as a member of society,” to be realized
through “national effort and international co-operation and in accordance with the
organization and resources of each state.” (Art 22). Some early multilateral
treaties such as the Convention on Racial Discrimination and also Women’s Rights
(CEDAW) adopted a different approach and recognized the parity of both sets of
rights in working to eliminate discrimination and achieve a standard of equality
and inclusive citizenship. The concept that civil liberties were “enforceable and
justiciable” hard rights and “economic and social rights” only programmatic and
discretionary policies of the state that were dependent on available resources
dominated the human rights discourse for decades.
It was in 1993 that the World Conference on Human Rights in Vienna helped to
develop a consensus that both regimes of rights were equally important. The
Declaration and Plan of Action accepted that civil and political and socio economic
rights were indivisible and interdependent, thus also helping to strengthen the
argument that they were universal entitlements of all people. This consensus was
important because it contributed to human rights principles that make the State
accountable for implementing civil liberties and non arbitrary justice through the
law, as well as socio economic rights of the people to basic needs such as access
to livelihoods, land and property as productive assets, health, education and
shelter. National resources must be used to implement both regimes of rights on
the basis of a parity of status. It is no longer considered possible to delink human
rights and development or development co-operation since State obligations
encompassed both regimes.
Treaty bodies, including the CEDAW Committee and the Committees on the
International Covenant on Economic Social and Cultural Rights (ICESCR) have
developed General Recommendations and General Comments interpreting treaty
provisions, clarifying that civil liberties and economic and social rights relating to
basic needs are no longer discretionary State hand outs and “welfare” benefits,
but commitments that make governments accountable for effective
implementation. The argument that the latter are programmatic social policies
dependent on resources, can be postponed indefinitely, and are not subject to
judicial review, has been addressed and rejected in the quasi jurisprudence of
these treaty bodies. Parallel developments in the area of international standard
setting in Environmental law have reinforced the link between human rights and
development. International Conventions and United Nations Conferences on
preservation of the Environment in Stockholm and Rio in particular, paved the way
for the recognition of a concept of “sustainable development” linking people’s
participation, human rights and development. They focused on disparity reduction
and managing national resources so as to achieve economic and social
development of all sectors of the population. Poverty and disparity reduction are
recognized as an essential dimension of development. Environmental justice and
human rights are now recognized as mutually reinforcing agendas.
The linkages and synergy between the human rights agenda and
development activities, and the concept of a human rights based approach to
development and development assistance was made by the United Nations in the
1990’s. A directive of the UN Secretary General in 1997 required all UN agencies
to mainstream human rights into their work. The UN Commission on Human
Rights and the Human Rights Council has also appointed Special Rapporteurs with
mandates to examine country contexts and propose advancements on the socio
and economic rights agenda, including in areas such as education, food, health
and shelter. There is now a recognition that interdisciplinary and holistic
approaches have to be followed in implementing human rights instead of an
exclusive focus on law and lawyers.
“Bridging the Gap between Human Rights and Development,” “a rights
based approach is a conceptual framework for the process of human development
that is normatively based on international human rights standard .It integrates the
norms standards and principles of the international human rights system into the
plans, policies and processes of development.”
This holistic approach to human rights and development is reflected in

the recognition in contemporary human rights law that State obligations include a
duty “to respect protect and fulfill.” While the obligation to respect entails
negatives obligations not to violate rights, the obligation to fulfill places positive
obligations of implementation on States. The duty to protect is interpreted as a
duty to prevent violation by third parties. The latter obligation places a duty of
“due diligence” on the State to prevent violation by Non-State actors – thus
bringing the private and corporate sector within the ambit of human rights and
development. This latter dimension is particularly important in the context of
economic transformation and the growth of the private and corporate sector
activities in development work.
National Constitutions invariably seek to safeguard the sovereignty of the

people. Yet even in parliamentary democracies, rulers once elected to power do
not adhere to the norms and commitments on human rights incorporated in
Constitutions. The concept of State Sovereignty under international law has been
qualified significantly today because international human rights norms and
standards provide an opportunity to scrutinize governance at the national and
international level. The acceptance of an individual complaint’s procedure through
Optional Protocols to international Conventions has also created an environment
where violations can be brought before international fora. These procedures also
create opportunities for national courts to develop national norms and standards
to strengthen implementation of human rights and link them to the development
process.
Civil society acquires status to access international fora which originally was limited
to States. The recent adoption of an Optional Protocol to the International Covenant
on Economic Social and Cultural Rights (ICESR) (2008) in particular has helped to
undermine objections to the indivisibility of international human rights, and the gap
in norms when they were perceived as including only civil liberties. Challenges
remain in operationalising the link between national initiatives on development and
States obligations on human rights. Yet international human rights law has also
impacted to strengthen the national environment for enforcement of social and
economic rights. Some Reflections on Lessons Learned in the National Integration of
International Human Rights The national integration of international human rights
norms and standards has taken place over many decades since the adoption of the
UDHR in 1948 and the progressive ratification of an increasing number of
multilateral Conventions. Treaty monitoring bodies have in progress reviews of State
Party reports called for harmonization of domestic law and policy with State
obligations under treaties.
Constitutional Reform
The basic law of a country is critical in ensuring that State party obligations under
treaties are not merely aspirational political commitments, but create procedure for
ensuring accountability to the beneficiaries of rights under international instruments.
Post independence National Constitutions in developing countries of Non-European
regions have adopted the practice of including Bills of Rights in their basic law that
deals with the system of governance. Though formulations vary, Constitutions
invariably have clauses on the right to equality and non-discrimination, and the right
to freedom from torture and inhuman degrading treatment. The approach to the
issue of justiciability also varies. East Asian Constitutions invariably articulate civil
and political rights and socio economic rights as aspirational standards, without an
independent enforcement mechanism through courts and judicial tribunals.
Consequently legislation and administrative regulations and more recently Human
Rights Commissions become the strategies used to provide remedies and
investigations into violations. South Asian Constitutions by contrast follow the Indian
model on human rights. The full range of civil liberties in the UDHR and the
International Covenant on Civil and Political Rights (ICCPR) are invariably included,
and Constitutions adopt a procedure of enforcement through the courts.
Human Rights Commissions in these countries provide a parallel and
alternative path for dispute resolution involving a violation of rights by State
institutions. Socio economic rights in ICESCR, CEDAW and the Convention on the
Rights of the Child (CRC) and other treaties are not treated as justiciable human
rights. Following the approach in the Indian Constitution of 1948, based on the
Irish Constitution model, socio economic rights are not enforceable as human
rights. They are defined selectively and included in separate chapters on
guidelines or “Directive Principles” for State Policy. This same approach has been
followed in the Nigerian Constitutions of 1979 and 1999. Similarly, Brazil’s
Constitution of 1988 recognizes rights in areas such as health and education as
“social rights.” In the earlier years these were described as “programmatic rights”
and not directly justiciable.
More recent Constitutions follow the concept of indivisibility of human

rights and include both civil liberties and socio economic rights as justiciable and
enforceable claims. The South African Constitution (1996) has been path
breaking, in adopting a Bill of Rights that expands the scope of the civil liberties,
including the right to equality. It makes these rights as well as socio economic
rights enforceable, entitling a claimant to relief and remedy for violations. Equality
has been defined as a concept that goes beyond the traditional definition of
formal equality and equal protection of the law. Article 9 incorporates the idea of
substantive equality, or addressing and eliminating disadvantage and
discrimination by achieving equality in impact or outcome. Rights relating to the
environment have also been included. They conform to the concept of sustainable
development in international environment law, thus linking it with the concept of
justiciable human rights. The South African Constitution contains innovative
provisions on methods of enforcement. Litigants may directly invoke the Bill of
Rights.
In addition the Constitution clarifies that interpretation of legislation, the

Common Law and Customary law can be based on the Bill of Rights. This is an
important method of ensuring that all branches of the law are harmonized with
the guarantees on fundamental human rights, providing an impetus to rights
based approaches to development. International human rights law recognizes that
some fundamental rights can be limited according to the need to respect the
rights of others and also national security, public order and legitimate needs of
society. The South African Constitutions contains a general limitation clause that
applies to all rights. This refers to limitations set by “a law of general application
that is reasonable and justifiable in an open and democratic society based on
human dignity equality and freedom.”
This provision can be used to evaluate the context so as to prevent
recognition of socio-economic rights hampering economic growth in developing
countries with limited resources. The Kenya Constitution of 2010 recognizes socio
economic rights as enforceable rights. An earlier approach in Brazil considered
social and economic rights “programmatic.” However later developments
recognize that the government is accountable to put in place policies to
implement these rights as a matter of priority. A Constitutional Amendment of
2000 incorporates minimum percentages of the national budget to resource these
rights.
A Constitutional amendment of 2000 and 2002 in Indonesia incorporates

international human rights norms in recognizing fundamental rights to civil
liberties and economic and social rights, incorporating mandatory budgetary
resources for education. It also incorporates positive obligations of the State
regarding achieving inclusive citizenship for disadvantaged groups especially
people in poverty. Treaty bodies request States to amend Constitutions to
harmonise national governance with on human rights incorporated in ratified
treaties. Amending a Constitution is a complex task. However, when new
Constitutions are being drafted or there is a project of Constitutional amendment,
comparative experience on Bills of Rights must be shared. There should be every
effort to ensure a broad consultative process, to ensure that contemporary human
rights norms and standards are incorporated, and a general provision included on
the applicability and enforceability of treaty law in national jurisdictions.
The Role of the Courts, when a Constitution incorporates a procedure of

enforcement in courts of law, this institution becomes a major actor in bringing
international human rights into domestic law. In countries which adopt a dualist
approach to international law, as in Common law countries, traditionally courts
adopt a conservative role regarding creating jurisprudence on treaty
incorporation. However, treaty bodies as well as the Bangalore Principles adopted
in judicial colloquia of Commonwealth judges have clarified that courts have a
responsibility to interpret national law in harmony with treaty obligations of the
State.
In South Africa, the Constitution gives courts this role, and judicial
activism is encouraged. Experience shows that even in the absence of such
provisions, courts of law can play an activist role in incorporating international
human rights norms in national law. They have empowered individuals and civil
society groups to litigate and strengthened human rights enforcement. They
create jurisprudence that goes beyond individual or individual groups and impacts
on communities. This is evident in the experience of many countries. Since some
African Constitutions have provisions on the justiciability of socio-economic rights
courts have created jurisprudence on the enforceability of the rights to shelter,
health and education and women’s property rights. They have recognized the
State obligation to realize these rights without discrimination against
disadvantaged groups such as women and people living in poverty. The concept
of the State obligation to “fulfill” socio economic rights as a positive obligation to
ensure inclusive citizenship challenges their erosion on the ground of factors such
as lack of resources, and the argument that they are “programmatic” or “policy”
interventions that the State may postpone at its discretion, unlike civil and political
rights which are immediate claims on the State.
A balance can be maintained by the Courts to address the criticism that

this institution should not interfere in the legislative and executive function of
public administration and resource allocation, by using a guideline of “reasonable
and justifiable” limitation of rights. The South African Constitution for instance has
encouraged the development of a test of reasonableness, which requires the
court to assess whether the limitations on the implementation of rights and the
obligation to fulfill socio economic rights is reasonable and proportional. This
concept has been used to restrict a right to health care which requires the State
to provide an individual life saving procedure which is considered too expensive
when there are limited resources which must be allocated to provide for a
maximum number of persons. However giving access to shelter for the homeless
or access to drugs to prevent mother to child transmission of HIV/AIDS are
positive obligations of the State. Lack of funds cannot be used as an argument to
detract from the States obligations where there is corruption.
Judicial activism is constrained by undue deference to the legislature, on the
argument that the courts are not proper institutions to assess and evaluate
resource allocation and decisions in public administration. Jurisprudence on the
right to free education especially at the level of primary schools, protection from
forced evictions and the right to shelter have been litigated in several countries on
the basis that these are immediately enforceable and cannot be postponed.
Policies in several African countries preventing pregnant girls from access to
schooling have been sometimes challenged as gender based discrimination, which
denies equal access to education. More recent jurisprudence in Brazil and Kenya
has recognized that socio economic rights must be implemented as part of the
State obligation to “fulfill” and cannot be postponed as programmatic
interventions. However in Nigeria with similar Constitutional provisions as in South
Asia distinguishing between justiciable civil and political rights and non-justiciable
and policy or programmatic socio economic rights the courts have not adopted a
similar activist approach. The manner in which international standards can link to
and reinforce Constitutional standards on human rights is clearly seen in a South
Asian jurisprudence in superior courts, on women’s land rights, reproductive
health, nationality, education, shelter and food security. Cases litigated in the
Supreme Court of India on child labour highlighted the State obligation to adopt
preventive measures such as compulsory education recognized in international
human rights standards.
The Supreme Court in several cases interpreted the right to life as including such
a right. In Sri Lanka where the Constitution adopts a policy rather than a socio
economic rights approach, the equality clause in the Constitution has been used
to recognize a right to education. The jurisprudence in India contributed to a
Constitutional amendment of 2002 incorporating the right to education as a sub-
element of the right to life, and later legislation of 2009 on the right to education.
A very recent judgment of the court in 2012 has upheld the Constitutionality of
the Act and made an order on the need to reserve a 25% quota of admission in
even elite schools to children from underprivileged communities. The right to food
and shelter and a clean environment have been litigated in important cases in
South Asia including India, impacting on public administration in food security and
programmatic interventions.
Consequently, the Courts have integrated the international
human rights norm of indivisibility into domestic jurisdiction by their own
interpretation of the right to life and equality and non-discrimination. In doing so
they have also motivated legal reform and changes in governance. These varying
experiences in countries with similar jurisdictions indicate that judicial activism can
become an important force in motivating legislative reform, policy changes, and
resource allocation, so as to move governance towards implementing socio
economic rights of disadvantaged groups to realize the promise of inclusive
citizenship. Strengthening that contribution by sharing positive experiences in
human rights cases through initiatives such as judicial colloquia and legal education
institutions can ensure positive outcomes in developing a travelling jurisprudence in
integrating international human rights norms in domestic . Citing case law from
different jurisdictions such as South Africa, India and Kenya particularly on the
implementation of socio economic rights, can strengthen the integration of
international human rights through cross fertilization between different legal
systems. Regional jurisprudence can also impact on national courts.
National Integration of International Human Right Norms and Standards
through Legislative and Administrative Reforms Standard setting on human rights
at the international level and the focus on harmonization of international law and
domestic law by treaty bodies and other agencies has sometimes motivated
legislative and administrative reform in regard to putting the norms in place and
their enforcement. One of the early and most successful areas of incorporation is
seen in regard to labour law and policy and worker rights. ILO standards in regard
to matters such as equal wages for men and women workers for equal work, non-
discrimination against women through mandatory maternity leave and sexual
harassment laws have been incorporated in domestic jurisdictions. Prohibitions on
child labour have been incorporated in many countries through legislative and
regulatory changes.
The tripartite interaction of the State, employers and unions in the ILO
process has also helped to create a consensus on the importance of legislation,
supportive social services such as access to compulsory education and training
and creating enforcement institutions such as special labour tribunals and dispute
settlement procedures. The internationalization of many other issues and the
work of scholars and activists in research and promoting and understanding of the
social impact of discrimination and disparity have contributed to legislative and
administrative reform and institutional changes at the national level. Legislative
national reforms in regard to equal land rights and inheritance for women,
violence against women and trafficking have been motivated by the internalization
of the agenda on women’s rights, gender equality, gender based violence, and
women’s right to equal opportunities and life chances.
The Palermo Trafficking Protocol has been integrated by the CEDAW

Committee into its interpretation of the CEDAW Art 6 on trafficking, and many
countries have introduced legislative and administrative changes in line with those
standards. Domestic Violence legislation that combines criminal and civil remedies
have been introduced.
Connected interventions such as fast track courts witness protection and
“One Stop” Centres have strengthened the capacity of women victims to access
legal relief, shelter and medical services. The recognition of the critical importance
of statistics and information for good governance and a rights based approach to
development has contributed to the enactment of right to information legislation
in many countries. While normative standards have been put in place by ad hoc
legislation on these topics, or general laws such as Children’s Acts, Women’s
Rights Acts or Human Rights laws, institutions such as Women’s Commissions,
Children Ombudspersons and Human Rights Commissions have been created to
strengthen capacity for implementation of rights at the national level. National
Plans of Action, Budget analysis such as child rights or gender budgets, and
allocation of specific percentages of resources in areas such as health and
education also represent improved rights enforcement strategies, recognized in
several countries.
The adoption of the MDGs as international policy has sometimes tended,

as in South Asia, to detract from the rights based approach, as the standards are
lower and do not always reinforce treaty obligation of States. However criticisms
in this regard have also motivated international organizations and civil society
organizations to analyze the MDGs and see how they can be harmonized with
human rights treaty commitments. Legislative and public administration changes
at the national level have therefore been motivated and benefited from the
internationalization of these human rights issues.
Sustained advocacy and engagement of interest with these issues of

disparity and disadvantage at the international level is a critical need to promote
State accountability. Regionalization can tend to dilute international standards
through cultural relativist approaches unless they are linked to and reinforce
international norms.
The Contribution of Civil Society and the Role of the Corporate Sector ,In Asia,
Africa and Latin America human rights activists and human rights defenders and a
range of civil society actors have contributed to “bringing human rights” home to
domestic jurisdictions. Public interest litigation that permits a widened citizen
standing on human rights concerns instead of an over focus on an individual
victim, has been supported through court decisions. Civil society and non-
governmental organizations in developing countries have traditionally engaged in
service delivery, and either independently or in partnership with governments
focused on programmatic interventions to address poverty through initiatives such
as micro credit, supporting livelihoods, providing access to basic services and
poverty alleviation in urban and rural communities. However in more recent
decades they have also in partnership with researchers and professionals engaged
in Cause Lawyering, research, data analysis, and budget analysis from the
perspective of enforcement of human rights outcome and process and people’s
concerns. They have challenged governments to adopt similar analysis to
resource allocation. This type of cause lawyering has given civil society and
people’s movement an opportunity and space to surface international human
rights issues that resonate with public concerns at the national level. They have
strengthened capacity to successfully lobby for changes in the local legislative and
policy agenda and resource allocation. Pressure by civil society on the State for
devolution of power at the local level particularly through affirmative action such
as quotas for women in local bodies has helped to create opportunities for
representation of marginalized groups.
Election monitoring to ensure free and fair elections, has been
encouraged by local NGOs and civil society organizations. The international
human rights system has increasingly recognized the space for hearing the voice
of civil society in international fora. The recent developments in regard to
international complaints procedures such as the Optional Protocols to CEDAW and
ICESCR have widened the standing to bring complaints, enabling organizations to
access these international procedures on behalf of citizens who may not have the
capacity to do so. These procedures provide an opportunity for local organizations
to persist in their local lobbying efforts for legislative and policy change, and
encourage local courts to promote accountability in government laws and policies
in light of treaty standards.
The legitimacy of civil society as stakeholders in the implementation of

international human rights nationally is critical to preserve gains made, and
prevent governments eroding them through arguments on State sovereignty and
national security. It is in this context that human rights incorporation at the
national level must face the challenges presented by Non-State actors who may
not conform to human rights norms and standards that are considered binding on
the State. The traditional gap in international human rights law that focused
exclusively on State accountability has been replaced by later developments that
have brought Non-State actors within the scope of international human rights
standards at the national level. The concept of the State’s obligation of “due
diligence” developed in national jurisprudence, links to international human rights
standards on the liability of the State “to protect” their citizens from violations by
third parties.
A recent communication of the CEDAW Committee in regard to the State’s

accountability for violations of rights to health and freedom for domestic violence
by private health care providers or a spouse/partner reinforce this State obligation
of due diligence. A more difficult area is the direct liability of non-State actors to
respect human rights and refrain from violations. Where as in South Africa, the
Constitution imposes such a liability the Constitutional Court has decided that a
private property owner cannot evict a public school from private property and
deny children the right to basic education. However when the State fails to
regulate Non-State actors, and the fundamental rights guarantees do not directly
apply to them, the corporate sector’s conduct in particular can represent a serious
challenge to the implementation of human rights at the national level. The
concept of self regulatory “corporate social responsibility” may not be adequate to
promote accountability for human rights in the corporate sector.
A body of scholarship has also demonstrated that international financial institutions
created as specialized agencies of the United National have a direct responsibility
and accountability in conforming to international human rights norms and standards
in their work within domestic jurisdictions. It has been argued that the legal
framework under which these institutions were established does not permit
engagement in “political issues” and they must confine their work to “economic”
considerations. When “human rights” was interpreted as exclusively civil and political
rights, it might have been easy to argue that these International Financial
Institutions should not engage with the international human rights agenda.
However, where human rights incorporate a concept of indivisibility that recognizes
the relevance of socio economic rights it becomes difficult to delink human rights
and development work. The work of International Financial Institutions in disparity
reduction is also linked to the concept of eliminating inequality and achieving human
development and inclusive citizenship. Consequently the development agenda itself
can be used to reinforce and incorporate human rights based approach. The MDG
attainments can also be linked to the achievement of national State obligation on
human rights. There must be a continued and sustained effort to develop synergies
between the corporate sectors approaches and the rights based approach to
development. This is necessary to move international and national governance
towards recognition that inclusive citizenship and disparity reduction is not a matter
of “protecting the vulnerable” but respecting, protecting, and fulfilling their human
rights.
5.9. National Human Rights Commission (NHRC)
NHRC of India is an independent statutory body established on 12 October,

1993 as per provisions of Protection of Human Rights Act, 1993, later amended in
2006.
NHRC has celebrated its Silver Jubilee (25 years) on October 12, 2018. Its
headquarter is located in New Delhi.
It is the watchdog of human rights in the country, i.e. the rights related to life,
liberty, equality and dignity of the individual guaranteed by Indian Constitution or
embodied in the international covenants and enforceable by courts in India.
 It was established in conformity with the Paris Principles, adopted for the
promotion and protection of human rights in Paris (October, 1991) and
endorsed by the General Assembly of the United Nations on 20 December,
1993.
 As per UN definition these rights are inherent to all human beings, regardless
of race, sex, nationality, ethnicity, language, religion, or any other status.
 Human rights include the right to life and liberty, freedom from slavery and
torture, freedom of opinion and expression, the right to work and education,
and many more.
 These are entitled to everyone, without any discrimination.
 Universal Declaration of Human Rights (UDHR) was adopted by the

United Nations General Assembly in Paris on 10 December 1948.
 It is a milestone declaration in the history of human rights which sets out, for
the first time, fundamental human rights to be universally protected.
 Human Rights Day is observed every year on 10 December, which is the

anniversary of the UDHR. In 2018, Human Rights Day marked the 70th
anniversary the declaration.
 In due time the growing importance of strengthening national human rights

institutions has been recognized and in 1991, a UN meeting in Paris has
developed a detailed set of principles i.e. Paris Principles. These principles
became the foundation for the establishment and operation of national human
rights institutions.
 In pursuant to these principles, India has enacted the Protection of Human

Rights Act, 1993, with a view to bring about greater accountability and
strengthening of the human rights in the country.
 This act also authorized State Governments to establish State Human Right
Commission.
The Human Rights Council
The Human Rights Council is an inter-governmental body created by the United

Nations General Assembly resolution on 15 March 2006.
It has replaced the former United Nations Commission on Human Rights.
Itis responsible for strengthening the promotion and protection of human rights
around the globe and for addressing situations of human rights violations and make
recommendations on them.
Ithas the ability to discuss all thematic human rights issues and situations that
require its attention throughout the year. It meets at the UN Office at Geneva.
The Council is made up of 47 United Nations Member States which are elected by
the UN General Assembly.
Structure of the Commission
NHRC is a multi-member body which consists of a Chairman and seven other

members. Out of the seven members, three are ex-officio member.
President appoints the Chairman and members of NHRC on recommendation

of high-powered committee headed by Prime Minister.
The Chairperson and the members of the NHRC are appointed for 5 years or till the
age of 70 years, whichever is earlier.
 They can be removed only on the charges of proved misbehaviour or
incapacity, if proved by an inquiry conducted by a Supreme Court Judge.
 Commission also has five Specialized Divisions i.e. Law Division,

Investigation Division, Policy Research & Programmes Division, Training Division
and Administration Division.
 The chairman and the members of State Commission are appointed by the
Governor in consultation with the Chief Minister, Home Minister, Speaker of
Legislative Assembly and Leader of the Opposition in the State Legislative
Assembly.
5.9.1. Functions and Powers of NHRC
 NHRC investigates grievances regarding the violation of human rights after

receiving a petition.
 It has the power to interfere in any judicial proceedings involving any allegation
of violation of human rights.
 It can visit any jail or any other institution under the control of the State
Government to see the living conditions of the inmates and to make
recommendations thereon.
 It can review the safeguards provided under the constitution or any law for the
protection of the human rights and can recommend appropriate remedial
measures.
 NHRC undertakes and promotes research in the field of human rights.
 NHRC works to spread human rights literacy among various sections of society
and promotes awareness of the safeguards available for the protection of these
rights through publications, media, seminars and other means.
 The Commission takes an independent stand while providing opinions for the
protection of human rights within the parlance of the Constitution or in law for
the time being enforced. It has the powers of a civil court and can grant
interim relief. It also has the authority to recommend payment of compensation
or damages' credibility is duly reflected in large number of complaints received
every year and the trust reposed in it by the citizens.It can recommend to both
the central and state governments to take suitable steps to prevent the
violation of Human Rights. It submits its annual report to the President of India
who causes it to be laid before each House of Parliament.
5.9.2. Limitations of NHRC
 NHRC does not have any mechanism of investigation. In majority cases, it asks
the concerned Central and State Governments to investigate the cases of the
violation of Human Rights
 It has been termed as ‘India’s teasing illusion’ by Soli Sorabjee (former Attorney-
General of India) due to its incapacity to render any practical relief to the
aggrieved party.
 NHRC can only make recommendations, without the power to enforce decisions.
 Many times NHRC is viewed as post-retirement destinations for judges and

bureaucrats with political affiliation moreover, inadequacy of funds also hamper its
working.
 A large number of grievances go unaddressed because NHRC cannot investigate

the complaint registered after one year of incident.
 Government often out rightly rejects recommendation of NHRC or there is partial

compliance to these recommendations.
 State human rights commissions cannot call for information from the national
government, which means that they are implicitly denied the power to investigate
armed forces under national control.
 National Human Rights Commission powers related to violations of human rights

by the armed forces have been largely restricted.
5.10. State Human Rights Commission
The Protection of Human Rights Act of 1993 provides for the creation of State
Human Rights Commission at the state level. A State Human Rights Commission
can inquire into violation of human rights related to subjects covered under state
list and concurrent list in the seventh schedule of the Indian constitution
Human Rights (Amendment) Act, 2006 consists of three members including a

chairperson. The chairperson should be a retired Chief Justice of a High Court.
The other members should be:
serving or retired judge of a High Court or a District Judge in the state with a
minimum of seven years experience as District judge.
A person having practical experience or knowledge related to human rights.
The Governor of the state appoints the chairperson and other members on the
recommendations of a committee consisting of the Chief Minister as its head, the
speaker of the Legislative Assembly, the state home minister and the leader of the
opposition in the Legislative Assembly. The chairman and the leader of the
opposition of legislative council would also be the members of the committee, in
case the state has legislative council.
The tenure of the chairperson and members is five years or until they attain the
age of 70 years, whichever is earlier. After the completion of their tenure, they
are not eligible for any further employment under the state government or the
central government. However, chairman or a member is eligible for another term
in the commission subject to the age limit.
5.10.1. Functions of the Commission:
According to the protection of Human Rights Act, 1993; below are the functions of
State Human Rights Commission:
(a) Inquire suo motu or on a petition presented to it, by a victim, or any person on
his be into complaint of violation of human rights or negligence in the prevention of
such violation by a public servant.
(b) Intervene in any proceeding involving any allegation of violation of human rights
before a Court with the approval of such Court.
(c) Visit any jail or any other institution under the control of the State Government
where persons are detained to study the living conditions of the inmates and make
recommendations thereon
(d) Review the safeguards provided by or under the constitution of any law for the
time being in force for the protection of human rights and recommend measures for
their effective implementation.
(e) Review the factors, including acts of terrorism that inhibit the enjoyment of
human rights and recommend appropriate remedial measures.
(f) Undertake and promote research in the field of human rights.
(g) Spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights.
(h) Encourage the efforts of Non-Governmental organizations and institutions

working in the field of human rights.
Undertake such other functions as it may consider necessary for the promotion of
human rights.
Working of the Commission
The commission is vested with the power to regulate its own procedure.
It has all the powers of a civil court and its proceedings have a judicial character.
• It may call for information or report from the state government or any other
authority subordinate thereto.
It has the power to require any person subject to any privilege which may be
claimed under any law for the time being in force, to furnish information on points
or matters useful for, or relevant to the subject matter of inquiry. The commission
can look into a matter within one year of its occurrence.
Criticism:
State Human Rights Commission has limited powers and its functions are just
advisory in nature. The commission does not have power to punish the violators
of human rights. It cannot even award any relief including monetary relief to the
victim.
The recommendations of State Human Rights Commission are not binding on the
state government or authority, but it should be informed about the action taken
on its recommendation within one month.
Conclusion
There is a requirement to increase the powers of the State Human Rights

Commission. This could be increased in various ways in delivering justice to the
victims. The commission should be empowered to provide interim and immediate
relief including monetary relief to the victim. The commission should also be
authorized to punish the violators of the human rights, which may act as
deterrent to such acts in the future. The interference of state government in the
working of commission should be minimum, as it may influence the working of
commission.
5.11. JUDICIARY
Judiciary, branch of government whose task is the authoritative adjudication of
controversies over the application of laws in specific situations.
Conflicts brought before the judiciary are embodied in cases involving litigants,
who may be individuals, groups, legal entities (e.g., corporations), or
governments and their agencies.
Conflicts that allege personal or financial harm resulting from violations of law or
binding legal agreements between litigants—other than violations legally defined
as crimes—produce civil cases. Judicial decisions in civil cases often require the
losing or offending party to pay financial compensation to the winner. Crimes
produce criminal cases, which are officially defined as conflicts between the state
or its citizens and the accused (defendant) rather than as conflicts between the
victim of the crime and the defendant. Judicial decisions in criminal cases
determine whether the accused is guilty or not guilty. A defendant found guilty is
sentenced to punishments, which may involve the payment of a fine, a term of
imprisonment, or, in the most serious cases in some legal systems, state-imposed
physical mutilation or even death
Judiciaries also frequently resolve administrative cases, disputes between

individuals, groups, or legal entities and government agencies over the application
of laws or the implementation of government programs. Most legal systems have
incorporated the principle of state sovereignty, whereby governments may not be
sued by nonstate litigants without their consent. This principle limits the right of
litigants to pursue remedies against government actions. Nevertheless, the right
of citizens to be free from the arbitrary, improper, abusive application of laws and
government regulations has long been recognized and is the focus of
administrative cases. Legal systems differ in the extent to which their judiciaries
handle civil, criminal, and administrative cases. In some, courts hear all three
kinds of disputes. In others there are specialized civil, criminal, and administrative
courts. Still others have some general and some specialized courts. In many cases
the conflicts that are nominally brought to courts for resolution are uncontested.
The majority of civil cases—such as those involving divorce, child custody, or the
interpretation of contracts—are settled out of court and never go to trial. The
same is true for criminal cases in the United States, where the practice of
extrajudicial plea bargaining is used extensively. The different criminal process
that characterizes the United Kingdom and civil-law countries makes plea
bargaining of the sort practiced in the United States less likely—or even officially
impossible. Nevertheless, there is evidence that analogous practices for
generating and accepting guilty pleas are common in the United Kingdom and are
not unknown in Germany. In cases of plea bargaining the court’s function is
administrative, limited to officially ratifying and recording the agreement the
parties have reached out of court.
When the judiciary does decide a controversy, a body of regulations governs what
parties are allowed before the court, what evidence will be admitted, what trial
procedure will be followed, and what types of judgments may be rendered.
Judicial proceedings involve the participation of a number of people. Although
the judge is the central figure, along with the parties to the controversy and the
lawyers who represent them, there are other individuals involved, including
witnesses, clerks, bailiffs, administrators, and jurors when the proceeding involves
a jury.
The stated function of the courts is the authoritative adjudication of controversies

over the application of laws in specific situations. However, it is unavoidable that
courts also make law and public policy, because judges must exercise at least
some measure of discretion in deciding which litigant claims are legally correct or
otherwise most appropriate. Law-making and policy making by courts are most
evident when powerful national supreme courts (e.g., those in the United States,
Germany, and India) exercise their power of judicial review to hold laws or major
government actions unconstitutional. They also can occur, however, when
judiciaries are behaving as administrators, even when they are merely ratifying
agreements reached out of court. Patterns of settlement for suits between
employers and employees may be more favourable to employees than formal law
would seem to require, because they are influenced by de facto changes in the
law that may result from the decisions by juries or trial judges who may regularly
be more sympathetic to workers. Formal laws regulating child custody or financial
settlements in divorce cases can similarly be altered over time as juries process
the claims of the litigants before them in persistent ways.
After a court decision has been made, it may or may not require enforcement. In
many cases the parties accept the judgment of the court and conform their
behaviour to it. In other cases a court must order a party to cease a particular
activity. The enforcement of such orders is carried out by the executive
branch and may require funding from the legislative branch. The judiciary has
been described as the least-dangerous branch of government because it has
“neither the purse nor the sword,” but, in reality, enforcement of the orders of any
government institution depends on the enforcing institution’s acceptance of the
issuing institution’s right to make the ruling and to have it enforced.
5.12. SOCIAL MOVEMENTS AND NGOS
Processes of globalization-from-below has spurred the growth of another type of

human rights actor in the international scene in the form of a guarantor not
envisioned at the time of the UDHR — large grass-roots social movements. These
movements continue to gain increasing power to demand more human policies
and practices from states and transnational corporations. In 1987, Richard Falk
identified at least five types of social movements that are by all accounts
becoming ever more evident:
(1) resistance movements for the causes of ecology, environmental protection,
peace, and disarmament;
(2) permanent, al-though unofficial, international tribunals conducting inquiries and
issuing decisions about cases of state oppression;
(3) movements by NGOs to pressure states to punish perpetrators of egregious
human rights violations and to recover victims’ property wrongfully appropriated;
(4) consumer-based movements to hold governments and corporations accountable
for technological disasters and policies adversely affecting human welfare; and
(5) counter conferences held in tandem with official state and international
conferences and consultations, delegitimating the latter and evoking more relevant
grass-roots agendas” (1987: 190-94).
The significant success of these social movements can be attributed in part to the
rising force and legitimacy of NGOs since the adoption of the UDHR. Indeed, one of
the most significant areas in which the continuing elaboration and widening scope of
human rights has intersected with increasing levels of globalization is the realm of
global civil society. Non-governmental organizations perform important work in a
variety of fields, but monitoring and advocacy of human rights protection is one of
the more important functions they performs.
These organizations are not affiliated with any government, but they often deal with
the same public policy issues that governments do, only from a different angle. In
one sense, they help to bridge the gap between individuals and the larger political,
economic and social forces to which they are subject.
Three Global Human Rights NGOs in Focus
Three of the oldest, largest, and most effective human rights NGOs are the
following:
5.12.1. The International Committee of the Red Cross (ICRC)
The International Committee of the Red Cross has been operation since 1863, and
its own history is intertwined with that of humanitarian law from its earliest
conception. A young banker from Geneva named Henry Dunant was on his way to
meet Emperor Napoleon III of France when he passed through the town of
Solferino in northern Italy and observed the deplorable conditions in which
wounded soldiers from the ongoing War of Italian Unification were suffering. He
came up with the idea that there should be “some international principle,
sanctioned by a convention and inviolate in character, which, once agreed upon
and ratified, might constitute the basis for societies for the relief of the wounded
in the different European countries”(From the Battle of Solferino, 2004)(Henry
Dunant, 1998).
Dunant founded the ICRC, and his writings spurred a flurry of international
activity that eventually produced the first Geneva Convention, which is
essentially the first document of international humanitarian law. Subsequent
Geneva Conventions—there are four in total—would create an internationally
accepted framework for the treatment of soldiers in war, whether as active in the
field, as enemy prisoners, or as wounded. These were the first treaties to
recognize universal rights that applied to all individuals regardless of nationality
(From the Battle of Solferino, 2004).
The mission of the ICRC is to monitor the enforcement of the Geneva
Conventions, by “visiting prisoners, organizing relief operations, re-uniting
separated families and similar humanitarian conflicts.” While the Geneva
Conventions only apply to international conflicts, the ICRC performs similar
services in areas of internal conflict as well, in a manner consistent with the spirit
of the Conventions.
It has been active in nearly every major conflict of the twentieth century,
including both World Wars. The ICRC plays a unique and vital role in international
affairs as a respected and objective mediator. It operates in ways and in places
where national governments would be unwelcome or ineffective. In 2007, for
example, the ICRC has interceded on behalf of prisoners of the Revolutionary
Armed Forces (FARC) of and secured their release.
It also spawned a sister organization, the International Federation of Red Cross
and Red Crescent Societies, in 1919 to promote humanitarian values on national
level. National Red Cross societies advance these values by helping with disaster
preparation and providing emergency relief assistance, and by working to improve
health and community care.
Today, the Federation is active in 185 countries, including many parts of the
Muslim world through its Red Crescent societies .
5.12.2. Amnesty International (AI) and Human Rights Watch (HRW)
Amnesty International and Human Rights Watch are two of the best known and
well-regarded NGOs dealing with human rights. Both organizations perform a
variety of activities focused on documenting and publicizing human rights
violations around the world, as well as helping to coordinate grassroots
community activism.
Amnesty International, founded in 1961, devotes much of its work to the
protection of the freedoms of conscience and expression and freedom from
discrimination. It has also has given major attention to prisoners of conscience,
torture and the death penalty. It sends experts into the field in more than 80
countries to “talk with victims, observe trials and interview local officials and
human rights activists.”
In addition, its staff monitors local media reports, conduct research, issue findings
in a variety of forms, and organize advocacy campaigns through letter-writing
campaigns, public demonstrations, and government lobbying to end human rights
abuses.
Amnesty International is also a recipient of the 1977 Nobel Peace Prize.
Since 1978, Human Rights Watch, the largest human rights organization based in
the U.S., has been striving to fulfil a similar mission. HRW conducts investigations
into alleged human rights violations, publishes its findings to “embarrass abusive
governments in the eyes of their citizens and the world…then meets with
government officials to urge changes in policy and practice.” Although HRW’s staff,
comprises of 150 professionals, academics, and experts, its strength lies in its
partnerships with local human rights groups, further extending its reach to the
ground level and across the globe (About HRW, n.d.).
In recent years, it has waged campaigns to eliminate the use of child soldiers in
countries such as Burma, Burundi, Lebanon, Nepal, Sierra Leone, Sri Lanka, Sudan,
and Uganda; to ban the use of landmines around the world (151 countries are party
to the 1997 Mine Ban Treaty; in recent activity since 2005, Algeria, the Democratic
Republic of the Congo, Guinea-Bissau, and Nigeria have decommissioned their entire
arsenals of antipersonnel mines); and to bring former Chilean dictator Augusto
Pinochet to justice, among many others (“States Parties” International Campaign to
Ban Landmines, n.d.).
In addition to the major international NGOs, there are many thousands of local
NGOs dedicated to serving the needs of communities. Taken together, this massive
network of individuals, who have empowered themselves to ensure the protection of
the human rights of all mankind, constitute a new layer of global civil society that
largely didn’t exist even forty years ago. The story of this civil society is increasingly
becoming the human face of globalization in the twenty-first century.
5.13. THE MASS MEDIA AND NONGOVERNMENTAL ORGANIZATIONS IN
EDUCATION
As we enter the twenty-first century, humankind is making considerable progress in

all spheres of life. Especially impressive are achievements in technology and
information. The new century will no doubt usher in a new era, that of the
information society. At the same time, this enormous technological development
poses a growing threat to the global environment. With this in view, our priority now
should be to develop all possible means of protecting the global environment. It is
also necessary to pay special attention to the education of the whole population,
children as well as adults, drawing on lifelong learning systems and emphasizing
education in environmental security. This pressing problem must be solved both by
government and nongovernmental organizations (NGOs), with the help of traditional
and modern mass media.
5.13.1. The United Nations as a Facilitator for Mass Media and
Nongovernmental Organization Collaboration
It is the United Nations Organization (U.N.) that most effectively expresses the
interests of the international community. The U.N. Charter begins: “We, members
of the United Nations . . .” It is an exceptionally clear expression of the idea that
the U.N. not only belongs to states but is a part of the common heritage of
humankind. It has been designed for all people. It is a unique institution that
helps all of us to concentrate our efforts in building a better world to live in. It
expresses our beliefs and hopes for a better future. The U.N. is presently at a
difficult point in its history.
The former world order, based on principles of the U.N. Charter, has ceased to be.
Many of the activities of this organization are outdated. Only one thing is beyond
any question: mobilizing support for social initiatives. The U.N. considers it a
direct responsibility to work with NGOs. The U.N. expects that collaboration with
these organizations will help it to find ways to reinvent itself. In so doing, it seeks
to avoid the fate of its predecessor, the League of Nations, founded in 1919 after
World War I. That organization collapsed soon after the beginning of World War
II, faced with misunderstanding of its role on the part of some states. In order
not to repeat former blunders and taking into consideration present-day
complexities, the U.N. makes its work with the most public and above all with
NGOs the cornerstone of its activities.
An NGO is a voluntary, non-commercial union of citizens organized on the local,

regional, national, or international level. Thus, professional associations, funds,
trade unions, business associations, youth groups, and cooperative organizations
may all be considered NGOs. They have been created with the aim of solving
certain problems, for instance, in human rights or health protection. They could
also represent environment protection groups, research institutions for
international problems, as well as parliamentary associations. The U.N.
contributes to constant cooperation between the mass media and NGOs. NGOs
that are interested in spreading information about their activities supply the mass
media with relevant material.
In turn, the mass media, through radio or television programs,

newspapers or magazines, inform the public about the activities of NGOs. Thus,
spreading information on NGOs involves: • popularization all over the world and in
each particular country and region of NGO activities in preserving and promoting
peace and security, in economic and social development, in human rights,
humanitarian problems, and international law; • contributions to NGO activities
connected with memorable events announced by the U.N. General Assembly and
commemorating international years declared for specific topics in order to raise
public awareness about problems facing the world. It must be emphasized that
U.N.’s focus on NGOs makes information on their activities more crucial for the
mass media on all levels—from municipal to government level.
It is no longer a local event but an international one. The importance of working
with NGOs was recognized as far back as 1946, when a special Department of
Public Information (DPI) was created. In its Resolution No. 3(1), the General
Assembly obliged the DPI and its branches “to actively contribute to and assist
information agencies of different countries, as well as educational and other
government and NGOs interested in spreading information.” In this connection the
mass media consider it not only their professional duty but also an honourable
mission to disseminate this information. In their turn, NGOs consider it their
obligation to present complete and reliable information about their activities, more
so since NGOs have become aware of their prominence in and responsibility for
world events.
5.13.2. Nongovernmental Organizations a Phenomenon of Modern Life
“We are living at a time when the states have lost their monopoly as dominating
and unique forces in international relations. Their active participants are now
NGOs, private companies, the mass media, universities, intellectuals, cultural
workers, as well as all men and women who consider themselves a part of the
great human family,” asserted Kofi Annan, General Secretary of the U.N., in
Messina, Italy, in April 1997. Therefore, NGOs are being directed to obtain specific
results and are headed by people united by common interests. NGOs are solving a
great variety of problems and fulfill a great many humanitarian functions.
For instance, they drive home to governments people’s needs and hopes, exercise
social control over government agencies, and support active participation of people
in political life on the local level. They carry out analysis and expert evaluation of
political problems, act as an “early warning,” and help to supervise the fulfilment of
international agreements. NGOs differ in their fabric, methods of work, and
financing. In terms of membership and areas of activities they could be subdivided
into national and international NGOs. They may be federations, with several
branches, situated in various regions or countries, having a sophisticated structure,
their own channels of communications, well established methods of working and
comprising thousands of members. They may embrace groups of experts,
associations of outstanding persons, scientific, or research institutions.
National NGOs may be incorporated into an international structure or operate on

the international level without being linked to international organizations. Some
NGOs deal mainly with information and education. Others are directly concerned
with technical projects or delivering aid to refugees, alleviating trouble, or promoting
development. NGOs may be financed through membership dues, payments from
branches, voluntary fees, and government grants, or by a combination of any of
these methods. They may also receive grants for carrying out certain projects on a
special or contract basis from private sources, foreign donation groups, or
intergovernmental organizations. In practice, this means that a particular NGO has
an opportunity to adjust its activities to the principal projects of the world
community. It can also obtain access to information on the activities of related NGOs
and can coordinate its activities with them. This enhances its efforts or may even
result in actual support for its actions.
ASSIGNMENT
1) Analyze the enumerated and un-enumerated human rights in Indian

constitution..
2) Analyze the importance of justifiable and non justifiable human rights in Indian
constitution
3) Assess ancient Hindu law of human rights and human rights in Islamic Era.
4) Validate the expansion of article 21 of Indian constitution

PART A
1. Define Vulnerable groups. [CO5.K1]
Ans. The meaning of vulnerable is highly evasive. However, in common
understanding, people who are easily susceptible to physical or emotional injury, or
subject to unnecessary criticism, or in a less advantageous position in any society
may be defined as vulnerable people. Accordingly, vulnerable groups are those
groups of people who may find it difficult to lead a comfortable life, and lack
developmental opportunities due to their disadvantageous positions. Further, due to
adverse socio-economical, cultural, and other practices present in each society, they
find it difficult many a times to exercise their human rights fully.
2. Mention the other definitions of Vulnerable groups. [CO5.K2]

Ans: i) In the language of human rights vulnerable groups may be defined as,
certain groups of population who often encounter discriminatory treatment, or need
some kind of special attention for protection of the State to avoid exploitation or
from a harmful environment.
ii) People who are discriminated based on sex, race, by birth in a particular
community, religious or disability or any other criteria that is specific to each society
may generally described as disadvantaged people.
3. According to European foundation, explain the concept of Vulnerable

people? [CO5.K2]
Ans: According to European Foundation for the improvement of living Working
Conditions, vulnerable people means :
“Groups that experience a higher risk of poverty and social exclusion than the
general population, ethnic minorities, migrants, disabled people, the homeless, those
struggling with substance abuse, isolated elderly people and children all often face
difficulties that can lead to further social exclusion, such as low levels of education
and unemployment or underemployment, refugees, stateless persons, victims of war
are described as vulnerable groups".
4. Define the meaning of Disadvantaged groups. [CO5.K1]

Ans: According to the general perspective of International Law of Human Rights,
disadvantaged groups are the people who are denied free access to the guaranteed
rights in their free exercise.
Based on the socio, economic, cultural perspectives, the classification of these
groups vary from country to country. In general, women, children, socially,
economically, culturally deprived sections, disabled, minorities etc. form part of
disadvantaged groups. Poverty is the main contributing factor towards degradation
of the status of these people that are classified as disadvantaged groups.
5. Explain the disadvantaged people of Women and Girls? [CO5.K2]

Ans: Women and girls are normally in a disadvantageous position all over the World.
However, compared to developed countries, they are in a more disadvantageous
position in developing countries due to abject poverty, other social, cultural, and
derogatory customary practices adopted in each country.
PART A
6. Explain the disadvantaged people of Children? [CO5.K2]
Ans: Children again are the most disadvantaged people in the World. Children of
developing countries, compared to developed countries face a number of problems,
such as poverty, malnutrition, and other socio, economic, cultural abuses.
7. Illustrate the United Nations Convention on the Refugees? [CO5.K2]
Ans: According to the as defined (in Article 1A) a refugee means: “Any person who,
owing to well-founded fear of being persecuted for reasons of race, religion,
nationality, membership of a particular social group or political opinion, is outside the
country of his nationality and is unable or, owing to such fear, is unwilling to avail
himself of the protection of that country; or who, not having a nationality and being
outside the country of his former habitual residence, is unable or, owing to such fear,
is unwilling to return to it.”
8. Define Internally Displaced Persons. [CO5.K1]
Ans: People who are forced to leave their home and place of residence due to
adverse affects or events that take place in their habitual dwelling are described as
Internally Displaced Persons. These people normally take shelter in their own
country away from their habitual place of residence. They do not fall unde r the c a t
egory of refugees.
There is no exact definition defining Internally Displaced Persons. However,
according to UN Principles of Internal Displacement, an IDP means: ‘internally
displaced persons are persons or groups of persons who have been forced or
obliged to flee or to leave their homes or places of habitual residence, in particular
as a result of or in order to avoid the effects of armed conflict, situations of
generalized violence, violations of human rights or natural or human-made disasters,
and who have not crossed an internationally recognized State border.’
9. Explain Displaced Persons. [CO5.K2]
Ans: Disability assumes different meaning in different contexts. However, according
to UN Declaration on the Rights of Disabled Persons (1975) “any person unable to
ensure by himself or herself, wholly or partly the necessities of a normal individual
and or social life as a result of a deficiency either congenital or not in his /her
physical or mental abilities” could be described as disabled.
Accordingly, any individual may also qualify as disabled if he/she has had impairment
in the past or is seen as disabled based on a personal or group standard, or norm.
Such impairments may include physical, sensory, and cognitive or developmental
disabilities. People who suffer from mental disorders such as, psychiatric or
psychological infirmities are also described as disabled persons.
PART A
10. When the UN council declared as International aged people’s day and
explain it. [CO5.K2]
Ans: People those who are of 60 years and above in age are normally described as
old age people or elderly persons. Very often, the rights of these people are violated
by family members, society and in other fronts. Being elders, their rights need to be
protected. In order to protect their rights, the UN adopted a number of resolutions
and declared every October 1 to be celebrated as the International aged people’s
day.
It conducted a world congress in 2002 at Madrid and plan to adopt a convention to
protect the rights of the aged people. As per the official agency of social policy and
development division of the UN there are 737 million aged people living in the world
today.
11. When the Government of India adopted a National policy of older
policy? [CO5.K1]
Ans: In the national scenario, the Government of India adopted a national policy of
older persons in 1998. In view of the increasing number of older persons and to
protect their rights, the Government of India enacted the Maintenance and Welfare
of Parents and Senior Citizens Act 2007, in order to extend legal protection to the
rights of the elderly persons in the country. It has also constituted a National Council
for elderly persons to address various aspects concerning the rights of elderly
persons.
12. Explain the disadvantaged people of HIV infected person? [CO5.K2]
Ans: The people those who are afflicted by this most dreaded disease are another
kind of persons who are discriminated on many counts in enjoying their basic rights
around the World. According to UN official agency UNAIDS there are about 34
million people living in the World affected by HIV/AIDS. The UN works and adopts
different strategies through its various organs and with the nation-states to augment
the rights of these people who are many times, denied human treatment by fellow
citizens, family members and even at hospitals.
13. Eradicate the general framework adopted by UN council based on the
reports of the various committees? [CO5.K2]
Ans: Equal pay for equal work;
• Independent mechanism or commission to establish and to deal with each
category of people;
• Basic compulsory education;
• Special concessions to these people;
• Provisions to enable them to take part in the governance; Independent forums to
express their grievances;
• Easy accessibility to medical and health care; and,
• Efforts to raise the standard of living, subsidized food supply, eradicate
malnutrition, abolish any customary practices that threaten their survival, over all
social security etc.
PART A
14. Mention the two important conventions of Human Rights of Women?

[CO5.K2]
Ans:
• The Convention on the Political Rights of Women, 1952
• The Declaration on the Protection of Women and Children in Emergency and
Armed Conflict 1974
15. What is CEDAW? [CO5.K1]
Ans: The UN in 1979 adopted The Convention on the Elimination of All Forms of
Discrimination against Women (popularly referred to as CEDAW Convention). This
convention became a milestone in the development of women’s rights and
addressed to eliminate all kinds of discrimination. The convention has come into
force in 1981 and 187 states have ratified the convention and became parties.
Among the few who have not become parties to it are Iran, Palau, Somalia, Sudan,
South Sudan, Tonga, and United States of America. USAand Palau have signed but
not ratified the convention.
16. When did the First World Conference was conducted and mention its
objectives? [CO5.K2]
Ans: The First World Conferecne was conducted during 19 June- 2 July ,1975 at
Mexico. In this conference it set three objectives ;
• Full gender equality and the elimination of gender discrimination;
• The integration and full participation of women in development;
• An increased contribution by women towards strengthening world peace.
17. When did the International Women’s Day celebrated? [CO5.K1]
Ans: For the first time in history, the Government of USA on February 28, 1909 after
adoption of socialist declaration to highlight the issues of women, celebrated this
day as women’s day. After the declaration of USA, a number of countries in the
Western World declared different dates to celebrate the Women’s day. Finally, in the
year 1977, the General Assembly of the UN declared March 8 as International
Women’s and Peace Day. Following the Declaration today all most all the countries
celebrate March 8 as the Women’s day in recognition of their services and for the
promotion of their rights. In many countries, this day is declared as a holiday to
celebrate the women’s achievements in their country. In some countries it is
declared as holiday for women employees and workers.
PART A
18. What is UNICEF? [CO5.K1]

Ans: United Nations Children’s Emergency Fund (UNICEF)
19. What are the ten principles declared by universal declaration for the
Rights of children? [CO5.K1]
Ans: The ten principles are as follows:
• The right to equality without any distinction on account of race, religion, or
national origin.
• The right to special protection for the child’s physical, mental, and social
development.
• The right to a name and a nationality.
• The right to adequate nutrition, housing and medical services.
• The right to special education and treatment when a child is physically or mentally
handicapped.
• The right to understanding and love by parents and society.
• The right to recreational activities and free education.
• The right to be among the first to receive relief in all circumstances.
• The right to protection against all forms of neglect, cruelty and exploitation.
• The right to be brought up in a spirit of understanding, tolerance, friendship
among peoples, and universal brotherhood.
19. What is ICCPR and ICESCR? [CO5.K1]
Ans: After the adoption of the Declaration, the United Nations in 1966 adopted two
more important Covenants on Human Rights. They are International Covenant on
Civil and Political Rights, ( ICCPR) and International Covenant on Economic, Social
and Cultural Rights (ICESCR). Both the Covenants recognizes civil, political,
economic, social, and cultural rights of every person in the world including the
children.
20. When did World Children’s Day celebrated? [CO5.K1]
Ans: In order to augment the rights of children throughout the World, the General
Assembly in 1954, declared November 20 every year to be celebrated as the
Children’s Day. On this day along with all the organs of UN and the World bodies,
the UNICEF especially organizes number activities and works with the states, which
have different dates throughout the year for the celebration of Children’s Day. India
celebrates November 14 every year as National Children’s day. Among all the
countries in the world, the USA has not yet designated any day in the year as
children’s day.
PART A
21. What is NCPCR? [CO5.K1]

Ans: The National Commission for Protection of Child Rights (NCPCR) was set up in
March 2007 under the Commission for Protection of Child Rights Act, 2005.
According to the provisions of the Act, a child is defined as a person below the age
of 18 years on the lines of the United Nations Child Rights Convention definition.
22. Define the term disability. [CO5.K1]
Ans: Disability is a broad term. It generally refers to any person suffering from
physical, cognitive, mental, sensory, emotional, developmental problems, or some
combination of any of these problems.
The term Disability includes within its meaning, impairments, activity limitations, and
participatory restrictions. Impairment is a problem of body function or structure; an
activity limitation is a difficulty encountered by an individual in executing a task or
action; while a participatory restriction is a problem experienced by an individual in
numerous life situations. Thus, disability is a complex phenomenon, reflecting an
interaction between features of a person’s body and features of the society in which
he or she lives.
23. According to WHO, Define the term disability. [CO5.K1]
Ans: According to World Health Organization, An individual may also qualify as
disabled if he/she has had an impairment in the past or is seen as disabled based on
a personal or group standard or norm. Such impairments may include physical,
sensory, and cognitive or developmental disabilities, Mental disorders (also known as
psychiatric or psychosocial disability) and various types of chronic disease may also
qualify as disabilities.
Accordingly, disabilities may be of various types such as Physical Disability, Mental
Disability, Sensory Disability, Visual Disability or hearing impairment etc.
24. When and what is CPRD? [CO5.K1]
Ans: UN Convention on the Rights of Persons with Disabilities (CPRD), 2006,
25. Mention the preamble of CPRD? [CO5.K2]
Ans: The Preamble of CRPD states: ‘Disability is an evolving concept, and that
disability results from the interaction between persons with impairments and
attitudinal and environmental barriers that hinders full and effective participation in
society on an equal basis with others’
PART A
26. Mention the laws relating to Disabled? [CO5.K2]

Ans: Among the various legislations, the most important of them are:
• The Indian Lunacy Act 1912,
• The Lepers Act, 1899.
• Persons with Disabilities (Equal Opportunities, Protection of Rights and Full
Participation) Act 1995
• National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental
Retardation and Multiple Disabilities Act 1999.
• Rehabilitation Council of India Act 1992
• The Mental Health Act 1987.
27. When did World’s AIDS Day declared? [CO5.K1]
Ans: In order to promote their rights and to create awareness among various
sections of people across the world, it has declared December 1, 1988 as World
AIDS Day.
28. What are the objectives of National AIDS Control Programme?
[CO5.K1]
Ans: The Government of India even before the increase of the patients suffering
from this chronic disease as a preventive care, in the year 1987 launched the
National AIDS Control Programme. Accordingly the objectives of the programme are:
• Covered Surveillance
• Blood Screening
• Health Education
29. What is NHRC? [CO6.K1]
Ans: "The rights of every man are diminished when the rights of one man are
threatened." -John F. Kennedy
“To deny people their human rights is to challenge their very humanity”-Nelson
Mandela
NHRC of India is an independent statutory body established on 12 October,
1993 as per provisions of Protection of Human Rights Act, 1993, later amended
in 2006.
NHRC has celebrated its Silver Jubilee (25 years) on October 12, 2018. Its
headquarter is located in New Delhi.
It is the watchdog of human rights in the country, i.e. the rights related to life,
liberty, equality and dignity of the individual guaranteed by Indian Constitution or
embodied in the international covenants and enforceable by courts in India.
It was established in conformity with the Paris Principles, adopted for the
promotion and protection of human rights in Paris (October, 1991) and endorsed
by the General Assembly of the United Nations on 20 December, 1993.
30. Mention the structure of NHRC? [CO6.K2]
PART A
31. What is state Human Rights Commission? [CO6.K1]
Ans: The Protection of Human Rights Act of 1993 provides for the creation of State
Human Rights Commission at the state level. A State Human Rights Commission can
inquire into violation of human rights related to subjects covered under state list and
concurrent list in the seventh schedule of the Indian constitution
32. What is an NGO? What role does it play in civil society? [CO6.K2]
Ans: Non-governmental organizations, or NGOs, were first called such in Article 71 in
the Charter of the newly formed United Nations in 1945. While NGOs have no fixed
or formal definition, they are generally defined as nonprofit entities independent of
governmental influence (although they may receive government funding).
As one can tell from the basic definition above, the difference between nonprofit
organizations (NPOs) and NGOs is slim. However, the term "NGO" is not typically
applied to U.S.-based nonprofit organizations. Generally, the NGO label is given to
organizations operating on an international level although some countries classify
their own civil society groups as NGOs.
NGO activities include, but are not limited to, environmental, social, advocacy and
human rights work. They can work to promote social or political change on a broad
scale or very locally. NGOs play a critical part in developing society, improving
communities, and promoting citizen participation.
33. What are the important Roles of NGOs based on the risk of
generalization? [CO6.K2]
Ans:
• Development and Operation of Infrastructure:
• Supporting Innovation, Demonstration and Pilot Projects:
• Facilitating Communication:
• Technical Assistance and Training:
• Research, Monitoring and Evaluation:
• Advocacy for and with the Poor:
34. What Rights do media have? [CO6.K1]
Ans: The United Nations' 1948 Universal Declaration of Human Rights states:
"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".
35. List the limitations of National Human Rights Commission? [CO6, K1]
Ans: NHRC does not have any mechanism of investigation. In majority cases, it asks
the concerned central and state government to investigate the cases of the violation
of human rights.
PART B
1. Explain about human rights of disadvantaged people. [CO5, K2]

2. Illustrate the Women human rights of Disadvantaged people. [CO5, K2]
3. Explain the Children human rights of Disadvantaged people. [CO5, K2]
4. Summarize the human rights of disadvantaged people of displaced persons.
[CO5, K2]
5. Describe the human rights of disadvantaged people of disabled persons of
Aged people. [CO5, K2]
6. Explain the human rights of disadvantaged people of HIV infected people.
[CO5, K2]
7. Classify the implementation of human rights. [CO6, K2]
8. Summarize National Human Rights Commission(NHRC) in detail. [CO6, K2]
9. Explain in detail of State Human Rights Commission and its limitations. [CO6,
K2]
10. Illustrate the Judiciary system in Human Rights. [CO6, K2]
11. Discuss about the Role of NGO’s and its advantages and disadvantages. [CO6,
K2]
12. Explain the Role of Media in Human Rights. [CO6, K2]
13. Describe the role of Educational Institutions and its pros and cons. [CO6, K2]
SUPPORTIVE ONLINE CERTIFICATION COURSES UNIT - V
1) Human Rights for Open Societies

Utrecht University, Janneke Gerards +2 more instructors
https://www.coursera.org/lecture/humanrights/vulnerable-
groups-ou5hb
2) Human Rights in India

CEC via Swayam
Prof. (Dr.) Y.S.R. Murthy
https://www.classcentral.com/course/swayam-human-rights-in-
india-17637
to industry
Website: www. ncw.nic.in
The National Commission for Women was

set up as statutory body in January 1992
under the National Commission for Women
Act, 1990 ( Act No. 20 of 1990 of Govt.of
India ) to :
Review the Constitutional and Legal

safeguards for women
Recommend remedial legislative

measures ;
Facilitate redressal of grievances
Advise the Government on all policy

matters affecting women.
CONTENT BEYOND SYLLABUS – UNIT V
 Disadvantaged and vulnerable groups - Refugees and asylum seekers
 Disadvantaged and vulnerable groups - Rural workers and rural populations
 2030 Agenda for Sustainable Development and development assistance
 The implications of COVID and the 2008 financial crisis and looming
consolidation/expansion measures
ASSESSMENT SCHEDULE
ASSESSMENT DATES
SECOND INTERNAL ASSESSMENT
MODEL EXAMINATION
New Delhi.
Publications.
Thank you
Disclaimer:

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Created by: Dr.N.S.Srivatchan/ Asso.Professor/EEE

CO- PO/PSO Mapping 9

Activity Based Learning 11

Supportive online Certification courses 45

Real time Applications in day to day life

Contents beyond the Syllabus 47

Prescribed Text Books & Reference Books 49

Mini Project Suggestions (If required) -

To Sensitize the Engineering students to various aspects of Human

To understand the origin and detailed classification

To describe the evolutionary concepts and theories

To develop the critical thinking and understanding

To understand the constitutional Provisions &

To demonstrate the Human Rights Issues of

To apply the implementation of Human rights

Program Outcomes Specific

1 Introduction to CO1 K2 PPT

2 Definition & CO1 K2 PPT

3 Origin and CO1 K2 PPT

4 Classification of CO1 K2 PPT

5 Moral & Legal CO1 K2 PPT

6 Civil & Political CO1 K2 PPT

7 Economic, Social CO1 K2 PPT

8 Collective & CO1 K2 PPT

9 Summary & Case CO1 K2 PPT

HUMAN RIGHTS SQUARES

SUMMING UP AND REFLECTION

SOME POINTS TO MAKE

1.1 Introduction to Human Rights

Figure 1.1 World War II

Human rights gained attention at the international level

Rights abuse includes Censorship, discrimination, political

In history, human beings are a species that evolved into

Countries may be bound to recognize some rights if they have

Before understanding what human right is? There is need to

A right is described as an entitlement or justified claim to a

Figure 1.4 Aspects of Rights

Right is something to which every individual in the

Figure 1.5 Harold Laski

“Rights are powers necessary

 Rights of any organization whatever must yield to those of a single individual,

Human rights belong to every person and do not depend on the

Human rights are the rights that everyone has equally by

Christian Bay defined human rights as “Any claims that ought

Human rights can be defined as those “Minimum rights

Shree P. P. Rao said “Human rights are the inherent dignity

In the words of Michael Freeden, “Human right is a

Scot Davidson defined, “Human rights as closely connected

David Selby defined, “Human rights as those rights which

In the words of Cranston, “Human rights are forms of moral

Susan MoUer Okin defined, “Human rights as a claim to

In the context of the present study, “Human rights can be

A Simple Definition for everyone to Understand Human Right:

FEATURES OF HUMAN RIGHTS

1.3 MEANING OF HUMAN RIGHTS

Human rights are standards that allow all people to live

Characteristics Of Human Rights

The development of the concept of human rights, which

In 539B.C., the armies of Cyrus the Great, the first king of

King Cyrus Baked Clay Cylinder recordings

Figure 1.5 King Cyrus Figure 1.6 Clay Cylinder

It established the right of widows who owned property to

Figure 1.7 King John Signing the Magna Carta