HUMAN RIGHTS AND PRACTICE

Objectives of the Course:

Human rights have been recognized as standards of achievements and norms of

behaviors of all members of society, in particular the government and its agencies.
Human Rights form the foundation of society, and without its observance, society would
disintegrate. Society can be maintained only by protecting and promoting dignity of
human beings. This paper attempts to study Bill of rights and also the nature, scope, of
Human rights and its application. It explores the various dynamic aspects of Human
rights and their Constitutional perspective.

COURSE OUTLINE

UNIT-I: Nature and Development of Human Rights

History of human rights civilization, Magna Carta, Bill of Rights, French and American
Declarations, International Bill of Rights, Contribution of UN, Universal Declaration of
Human Rights,1948-Nature, Definition and theoretical perspectives of Human Rights-
Constitutionalism and Realization of Human Rights in India-Classification of Human
Rights.

UNIT-II: Human Rights and Constitutional perspective

Applicability of Human Rights- Impact of UDHR on Fundamental Rights-Un-enumerated

individual rights under the Constitution- Limitation of Fundamental Rights on State and Non-
state Actors-Fundamental Duties- Evolution and Relationship between Fundamental Duties
and Fundamental Rights-Influence of UDHR on Directive Principles of State Policy-Social-
economic Rights- Distributive Justice-Social- Security and Welfare Provisions-Justifiability
and enforceability of Directive Principles of State Policy.

UNIT-III: Human Rights and good governance

Democracy- Guaranteed freedoms, People’s Participation-Rule of Law- Non-Arbitrariness-

Fairness-Due Process- Substantive and Procedural, Procedure established bylaw-
Transparency- corrupt free governance, RTI, Whistle Blower Laws, Judicial Accountability.

UNIT-IV: Human Rights and Legislative policies in India

Protection of Human Rights Act,1992 -National Human Rights Commission-State Human

Rights Commission-National Commission for Minorities; Women and Children-National
Commission for SC, ST and OBC.

UNIT-V: Contemporary and emerging Dimension of Human rights

International enforcement of human rights-Impact of globalization on Human Rights-Human

rights, science and technology-New rights: Rights of future generations-Internet as a Human
Right-Human rights and duties in contemporary India

UNIT-VI: Judiciary and Human Rights Jurisprudence:

Application of International Human Right Instruments in the domestic field-Rights of

Women-Rights of children-Rights of LGBT and queer community-Rights of persons with
disability-Rights of prisoners and prison reforms-Rights of senior citizens-Rights of
minorities

Books Prescribed

1. Upendra Baxi, The Future of Human Rights, (Oxford University Press, New
Delhi, 2012)
2. Dr.D.D.Basu, Human Rights in Constitutional Law, 3rdEdition, {Lexis Nexis
Butterworths Wadhawa, New Delhi,2008.)
3. Paras Diwan and Peeyushi Diwan, Human Rights and the Law, (Deep and
Deep Publication, New Delhi,1998)
 Further Readings:

1. Baxi, Upendra, Inhuman Wrongs and Human Rights ( Har

AnandPublications,Delhi, 1994)

2. V.R. Krishna Iyer, Dialectics and Dynamics of Human Rights in India(1999)

3. AV Dicey, Law of the Constitution, (Mac Millan &Co. Ltd. London,1994)

4. Human Rights and Duties in India : Law, Policy, Society and Enforcement
Mechanism, Dr. T. S. N. Sastry, Professor and Coordinator, HRE Programme,
University ofPune

5. Gautam Bhatia, The Transformative Constitution: A Radical Biography in

Nine Acts, (HarperCollins Publishers India, 2019)E-book available at
https://www.goodreads.com/book/show/43913429-the-transformative-
constitution

Articles from Journals:

1. Baxi, Upendra. “From Human Rights to the Right to Be Human: Some
Heresies.” India International Centre Quarterly, vol. 13, no. 3/4, 1986, pp.
185–200. JSTOR,www.jstor.org/stable/23001445.

2. T.K.TOPE, “Fundamental Duties and Justiciability”, (1982) 2 SCCJ-9

3. P.K.Tripathi, Directive Principles of State Policy, (1954) 17 SCJ7

4. M.P.Singh, “The Statics and Dynamics of the Fundamental Rights and

Directive Principles – A Human Rights Perspective”, (2003) 5 SCC J-1

5. Human Rights Special issue, JILI vol. 40, 1998(Jan –Dec)

Landmark Cases for Guidance:

1. A.K.Gopalan v. State of Madras, AIR 1950 SC27

 2. ADM Jabalpur v. S. Shukla, AIR 1976 SC1207
3. Air India v. Nargesh Meerza,AIR 1981 SC1829
4. Bachapan Bachao Andolan v. Union of India, AIR 2011 SC3361
5. Chairman Railway Board v. Chandrimadas, AIR,2000 SC988
6. D.K.Basu v. State of West Bengal, AIR 1997 SC610
7. Golak Nath v. State of Punjab, AIR 1971 SC1643
8. NALSA v. Union of India (2014) 5 SCC438
9. Nilabati Bahera v. State of Orissa, (1993) 2 SCC746
10. Olga Tellis v. Bombay Municipal Corporation, AIR 1986 SC180
11. PeoplesUnion for Democratic Rights v. Union of India, AIR 1982 SC1473
12. Randhir Sigh v. Union of India, AIR 1982 SC879

Learning outcomes:

1. The study of the subject helps to understand the nature, scope and definition of Human
rights in depth
2. The subject helps to explore the jurisprudential aspect of human rights and theories
involved in it.
3. It kindles the student to have more insightful information regarding the relation between
human rights and constitutional aspect involved in it
4. The subject explores the international perspective of human rights and its implication in
state policies
5. The study promote awareness about human rights of each and every individual and the
emerging dimensions of the subject in a more interesting and effective manner.