Human Rights

Unit-I
Qs. Ancient Indian Perspective
Ans. Broadly speaking human right may be regarded as those fundamental right
which are essential for the life as human being. Human rights are the rights which
are possessed by every human being irrespective of his/her nationality, race,
religion, sex etc. Human rights are thus those rights which are inherent in our
nature and without which we cannot live as human being.
Definition of Human Right
According to Protection of Human right Act 1993 section 2(d)—
“Human right is the right related to the life, liberty, equality and dignity of the
individual guaranteed by the constitution or embodied in the international
covenants and enforceable by the courts in India.”
On the basis of above definition the meaning of human rights are-
1. Which are necessary for maintaining human dignity or for leading a
dignified life.
2. Which are necessary for physical, mental, and intellectual development of
individual.
3. Which are included in the international covenants and convention.
4. Which are protected by the Indian constitution and enforceable by the courts
in India.
Ancient Indian Perspective
Despite the scarcity of the information of the ancient Indian history scholars have
expressed the view that there was a rich jurisdiction of human right in ancient
India. On the basis of this we can divide ancient Indian perspective related to
human right in three eras-
1. Human rights in Ancient India
2. Human rights in Medieval India
3. Human rights in Modern India
Human rights in Ancient India
In India even since the beginning of the society it’s a phase was regulated by
dharma. The concept of dharma is much more comprehensive than modern
concepts of human right. The concept of dharma deals with the right as well duties.
This supreme law covers the basics principle of human rights. We also find the rich
history of human rights in Vedas and we find that there are reference of castles
society, equality and freedom. We can divide the Vedic era in two segments which
are—
A. Vedic era
B. Post Vedic era
Vedic Era
In vedic era there was lot of rights available to the all sections of the society and
which are irrelevant to the caste, creed, sex etc. like—
I. Rights to education both for males and females
II. No polygamy in the society
III. Widow can re-marry again
IV. There was no dowry system
V. No child marriage
VI. No female infanticide
VII. Equal education of male and female in gurukul
VIII. No concept of sati pratha
Post Vedic Era
There was however a downfall of human rights jurisprudence in post vedic era. It
include following—
I. There was no right of education to women
II. Polygamy had come into practice
III. Female infanticides had started
IV. Child marriage was permissible
V. Sati system was there in this era
VI. There was dowry system
VII. Re-marriage was not allowed to widow
VIII. Caste system was there
Human rights in Medieval India
Muslim period marks the beginning in new era in the legal history in India. During
the Muslims era in India especially in the Pre-Mughal period there was series of
cultural, social and political stress and strain on the style and way of life of Hindu.
The Muslims rulers in India were fundamentalist and force upon the Hindu their
own laws, customs and religious practices.
In the mughal era the Aurangzeb was the most cruel, fanatic and despotic rulers.
He makes earnest efforts and methods to convert Hindu to Islam. But some of the
mughal rulers especially Akbar the great brought about a basic change in the style
of mughal administration. He adopted the policy of tolerance and non-
discrimination to Hindus. So it is not wrong to say that Akbar the great begin a
new era in mughal customary in India in the fields of human rights with his policy
of universal reconciliation and tolerance. But in spite of all these things no better
human rights were available to the society in the medieval India—
a. Principle of natural justice was not there
b. Brutal punishment was there like cutting of hands and feets
c. Polygamy still exists
d. Education facilities were not much available.
Human rights in Modern India
The British India rulers discriminated against India in the matter of their political
and civil liberties and rights. The status of human rights revolution in modern India
can be conviently divided into two periods—
A. Pre-Independent India
B. Post-Independent India
A Pre-Independent India
In British India there was no fundamental law guaranteed related to human right
and liberties as they humiliated and discriminated Indians.
The nationalist’s movement and the birth of Indian National Congress was the
direct result of the various atrocities against the Indians. The Indian National
Congress was founded in 1885 by a Britisher officer A.O Hume. There were lots of
reforms in the social system after the establishment of Indian National Congress
which are—
a. Sati Abolition Act 1829
b. Widow re-marriage act, 1869
c. Child marriage restraining act, 1929
d. Abolition of devdasi pratha
There was a lots of social reformers in this period who act for the betterment of the
human rights in India namely—
 a. Raja Ram Mohan Rai (Sati abolition)
b. Iswar Chandra Vidyasagar (Widow re-marriage)
c. Sawami Dayananda Sarswati (Arya samaj)
B Post-Independent India
Human rights have been incorporated in Indian constitution after independence in
the form of fundamental rights and directive principal of the state policy which are
—

The Fundamental Rights

These are the basic human rights of all citizens, defined in Part III of
the Constitution. These are applicable irrespective of race, place of birth, religion,
caste, creed, or gender. They are enforceable by the courts, subject to specific
restrictions. Following are some of the important rights of the citizens of India in
accordance with the Constitution.

 Right to Equality
 Right to freedom
 Right against exploitation
 Right to freedom of religion
 Cultural and Educational Rights
 Right to Constitutional Remedies

Qs. League of Nation and Human Rights

Ans. The league of nation was an organization founded on 10 Jan 1920 as a result
of the Paris Peace Conference that ended the First World War. It was the first
world wide inter-Governmental organization whose principle mission was to
maintain world peace. Its primary goal as stated in its covenant including
preventing wars through collective security and disarmament. Also solve the issue
related treaties includes labor conditions, just treatment of native inhabitants,
human drug trafficking, arms trade, global health, prisoners of war and protection
of minorities in Europe.
Origin
At the Peace of Paris conference at 1919 Wilson, Cecil and Smuths all put forward
their draft proposal after the lengthy negotiations between the delegates. The draft
was produces as a basic of the covenant. After more negotiations and compromises
the delegates finally approved of the proposal to create the league of the nation.
The final covenant of the League of Nations was drafted by special commission
and the league was established by part 1 of the treaty of versailles on 28 th june
1919. 44 states signed the covenant including 31 states which had taken part in
war.
Object or Aim of League of nation
a. To encourage the cooperation
b. Collective security
c. Disarmament
d. Improve the social condition or control the disease, improve the life.
e. To enforce the treaty of Versailles
f. World peace
Structure of League of nation
1 . General Assembly
2 . The Council
3 . The Secretariat
4 . The Permanent of court of justice
5 . The Commission (Mandate, Disarmament commission and Slavery
Commission)
6 . The Committee (World Health Organization and International labor
organization)
1 The General Assembly
It was main organs of league of nation. The assembly consists of representative of all
members of the league with each state allowed up to 3 representative and 1 vote. All
the decision was taken unanimously. It met in Geneva (Switzerland) after its initial
session in 1920. The special function of the assembly include the-
a. Admission of new members.
b. The periodical election of non-permanent member of the council.
c. Election with council of the judges of the permanent court of justice.
 d. Control of budget.
2 The Council
The league Council had the authority to deal with any matter affecting world peace.
The council began with 4 permanent members United kingdom, France, Italy and
Japan and 4 non-permanent members which were elected by the assembly for 3 years
period. The United states was meant to be 5 th member but Senate was dominated by
republic party and the senate never allowed the US to become the 5th member of the
league. Main function of council is to—

a. Secure the world peace by the way of encouraging cooperation.

b. Collective security
c. Disarmament
d. By way of arbitration and negotiation.
3 The Secretariat
The permanent secretariat was established at the Geneva. The staff of the secretariat
was responsible for preparing the agenda for the council and assembly and
publishing report of the meeting and other routine matters. In 1931 the staff members
were 707.
4 Commission
a. Mandate commission
The commission supervise league of nation mandate and also organize the plebiscite
in the disputed territories so that resident could decide which country they want to
live.
b. Disarmament Commission
The commission attainted into all agreement France, Italy, Britain and Japan to limit
the size of their navies. However the UK refused to sign the disarmament treaty.
Ultimately this commission failed to hualt the military buildup during the 1930’s by
Germany, Italy and Japan.
c. Slavery Commission
The commission sought to eradicate the slavery and slave trading across the world
and fought forced prostitutions and drug trafficking particularly in opium.
5 The Permanent Court of Justice
The league also had a permanent court of justice to deal with the international
disputes. The permanent court of justice provided by the covenant. The council and
assembly exists its constitution. Its judges were elected by the council and assembly
and its budget was provided by assembly. The court was to hear and decide any
international dispute which the parties concerned submitted to it. It might also give
an advisory opinion on any dispute or question refers to it.
6 Committee
a. Health Committee
This body focuses on ending leprosy, malaria and yellow fever. The health
organization also succeeding in preventing an epidemic of typhus from separating
throughout Europe due to its early intervention in the Soviet Union.
b. International labor organization
This body was led by the Elbert Thomas. It successfully convinced several countries
to adopt an 8 hours working in day and 48 hours in a week and also work to end the
child labor, increasing the right of women in the workplace.

Contribution to Human rights

1 . Contribution to the humanitarian law
The main development by which the league of nation begins to be concerned with
human right was the evolution of humanitarian law. It may be referred to that body of
law which defines those principles and rules which limits the use of violence in time
of war. In 19th century an efforts was made to incorporate these human rights in war
which are following—
a. Sick and wounded should be protected
b. Hospitals and aliened institution should be protected
c. Care of prisoners of war
2 . Protection of Minorities
The second main development made by league of nation come to be concerned with
the human rights related to the protection of minorities. The various agreements for
the protection of minorities had been made regarded to the civil political right and
freedom of religion. The right of the minorities to use their own language and the
right to maintain their own education and religious establishment.
3 . Protection related to labor and working classes
The Articles 23 of the league covenant which deal with the international labor
slandered and for the first time describe the provision related to human conditions of
work. For the labor class ILO was formed to ensure the proper working conditions of
the working classes. This was the only organ which retained its existence even under
the UNO.
4 . Abolition of Slavery
In the beginning of 19th century movement for the evolution of slavery was started. A
commission was also set up by the league of nation which was called slavery
commission and there was also several treaties both bilateral and multi-lateral related
to the evolution of slavery.
5 . Protection of disease
For this very perpose the health commission was formed. This body focuses on
ending leprosy, malaria and yellow fever. The health organization also succeeding in
preventing an epidemic of typhus from separating throughout Europe due to its early
intervention in the Soviet Union.
Failure of the league of nation
a. No Army
b. USA did not Join
c. Decision making was very slow
d. Great depression of 1930
e. It was a French- British affairs

Qs. UN Charter and Human Rights

Ans. Introduction
The charter of the united nation also known as united nation charter of 1945. It was
the fundamental treaty of united nation. An inter-governmental organization. The UN
charter articulated a commitment to hold human rights of citizen and outline a broad
set of principles relating to achieving highest slandered of living, addressing
economic, social, health and related problems and universal respect for and
observance of human rights and fundamental freedoms for all without distinction as
to race, sex, language or religion.
Draft of UN Charter
The UN charter drafted on 14 August 1941 and it was signed on 26 th June 1945 in
San Francisco, California USA. It was affected from 24th of October 1945. There was
51 original members countries of the charter. It entered into force on 24th October
1945 after being rectified by the original 5 permanent members of Security Council.
Preamble of the Treaty
Preamble of the treaty read as follow—
We are the people of the UN determined—
a) To save succeeding generation from the surge of war which twice in our
lifetime which has brought untold sorrow of mankind.
b) And to reaffirm faith in fundamental human right
c) To establish conditions under which justice and respect for the obligation
arising from the treaties and other sources of international law can be
maintained.
And for these ends—
a) To practice tolerance and live together in peace
b) To unite for strength to maintain international peace and security
c) To ensure by expectance of principle and the institution of methods that armed
forces shall not be used.
d) To employ international machinery for the promotion of economy and social
advancement of all the people
UN Charter and Human Right
Following Articles deals with the human righs under charter—
Article 1(3)
The purposes of UN are to achieve international cooperation in solving the
international problems of an economic, social, cultural or humanitarian character and
in promoting and encouraging respect for human rights and for the fundamental
freedoms for all without distinction as to the race, sex, language or religion.
Article 55 of UN charter
Article 55 of the UN charter deals with international economic and social cooperation
with the view to create conditions which are very necessary for the peaceful and
friendly relation among the nation. The UN shall promote—
a. Higher standard of living
b. Full employment and conditions of economic and social progress and
development
c. International cultural and educational cooperation
 d. Universal respect for and observance of human right and fundamental
freedom.
Article 56 o UN charter
Under article 56 all members pledge themselves to take joint and separate action in
cooperation with the organization for achievement of the purposes set forth in articles
55 of UN charter.
Article 62 of UN charter
Article 62 of the UN charter, the economic and social council may make or initiates
studies and report whit respect to the international economic, social and related
matters and may make the recommendation to the general assembly and to the
specified agencies. It may make recommendation for the purpose of promoting
human rights and fundamental freedoms for all.
Article 68 of the UN charter
The economic and social council shall set up a commission in economic and social
field and for the promotion of human rights and such other commission as may be
required for the performance of its function.
Article 76 of UN charter
The basic objective of the trust ship system in accordance with the purposes of the
UN laid down in article 76 of the present charter shall be—
a. To further international peace and security
b. To promote the political, economic, social and educational advancement of the
inhabitants of trustee territories.
c. To encourage respect for the human rights and for the fundamental freedom
d. To ensure the equal treatment in social, economic and commercial matters for
all the members of the UN and trustee territories.

Qs. The Universal Declaration of Human Rights

Ans. Introduction
The universal declaration of human rights is a historic document that was adopted by
UN General Assembly at its 3rd session on 10 December 1948 as resolution 217 in
Paris of then 58 members of the united nation, 48 voted in favor non against , 8
absent and 2 did not vote.
Creation and Drafting
In January 1946, the UN Economic and Social Council established a commission on
human right comprising of 18 members from various nationalities. The commission
is a standing body of UN was constituted to undertake the work of preparing what
was initially conceived as an international Bill of rights. The commission established
a special universal declaration of human rights. The Drafting committee chaired by
Eleanor Roosevelt to write the article of declaration.
Once a committee finished its work in May 1948. The draft was further discussed by
the commission on human rights, the economic and social council and the third
committee of the general assembly before being put to vote in December 1948.
Adoption
The universal declaration of human right was adopted by the general assembly as
resolution no. 217 on 10 December 1948 in Paris as the third united nation general
assembly was held there of the then 58 members of UN, 48 voted in favor , non-
against and 8 absented.
Provision of the Universal Declaration of Human Rights
The universal declaration of human rights enumerated the basic postulate and the
principle of human rights in a most comprehensive manners. It dealt not only with
the civil and political rights but with social, economic and cultural rights as well.
The declaration consists of a preamble and 30 articles. The provisions of the
declaration are classified into 4 categories as follow—
1. General Article 1 and 2
2. Civil and Political Rights (Article 3 to 21)
3. Economic, Social and cultural right (Article 22 to 28)
4. Concluding (Article 29 to 30)
1 .General Article
Article 1 and 2 of the declaration laid down the general provision pertaining to the
spirit of brotherhood and impartial treatment. The spirit of brotherhood is embodied
in Article 1
Article 1 It declars that all human being are born free and equal in dignity and right.
Article 2 it ensure no discrimination on the ground of race, color, sex, language,
religion etc.

2 . Civil and Political Right article 3 to 21

Article 3 to 21 deals with civil and political rights which include right such as right to
life and liberty, prohibition of slavery etc. Article 3 to 21 are discussed below in brief
—
Article 3- Right of life
Article 4- Abolition of slavery
Article 5- abolition of torture
Article 6- right to recognition
Article 7- equality before the law
Article 8- right to remedy
Article 9- no arbitrary arrest
Article 10- right to fair hearing
Article 11- presumptions of innocence
Article 12- right to privacy
Article 13- right to freedom of movement
Article 14- right to asylum
Article 15- right to nationality
Article 16- right to marriage
Article 17- right to own property
Article 18- right to freedom of thought, conscience and religion
Article 19- right to freedom of opinion and expression
Article 20- right to assembly and association
Article 21 –right to take part in the government

3 . Economic, social and cultural rights

Article 22 to 28 of universal declaration of human rights deals with the economic,
social and cultural rights as discussed in brief—
Article 22—right to social and security
Article 23—right to work
Article 24—right to rest and leisure
Article 25—right to standard of living
Article 26—right to participate in cultural rights
Article 27—right to education
Article 28—rightto social and international order

4 . Concluding
A) Limitation
Article 29 it provide that right should be provided to the individual subject to
just requirement of morality, public order and the general welfare on
democratic society. The above may mean that the right provided in the
declaration is not absolute.
B) Interpretation
Article 30 nothing in the declaration may be interpreted as implying for any
state, group or person. Any right to engage in any activity or to perform any
act at the construction of any of the right and freedom set forth hearing.

Legal significance of universal declaration of human right

Universal declaration of human rights are considered as follow—
1 . Magna Carda
The universal declaration of human right always considered as Magna carda. It is
first major achievement of UNO in field of human right. The declaration set for the
international community a common standard of achievement.

2 . These rights are universal, indivisible and interdependent

Universal declaration of human rights are fundamental in a moral sense and are
universal, indivisible, interdependent and interrelated and inalienable
3 . Important for international peace and justice
The universal declarations of human rights are very important for international peace
and justice. The universal declaration has exercised a great influence both
internationally and nationally. It is a message to all who are committed to freedom,
justice and peace in the world.
4 . Universal declaration of human rights influenced various national
constitutional and national legislation.
The provision of the universal declaration of human right have also influence various
national constitution and national legislation, regulations and policies that protect the
fundamental human rights. These domestic manifestations include direct reference to
the universal declaration of human rights.
5 . The declaration was not legally binding
The declaration was not indented to be legally binding therefore it did not impose any
legal obligation on the state to give effect to its provision. In other word from the
legal point of view the declaration was only a recommendation. It was not strictly
binding on the state.

Unit-II
Qs. International Covenant of Civil and Political Rights 1966
Ans. On the recommendation of the third committee, the general assembly finally
and unanimously adopted the two international covenants namely international
covenant on civil and political rights and international covenant of social, economic
and cultural right on December 16, 1966. While the covenant of civil and political
1966 was adopted by 106 votes to nil, the international covenant of economic, social
and cultural rights was adopted by 105 votes to nil. The general assembly also
adopted an optional protocol to the international covenant on civil and political right
1966 by the 66 votes, 2 against with 38 absented. After 23 years in December 1989,
the general assembly adopted yet another protocol named second optional protocol to
the international covenant on civil and political rights on December 15, 1989.
International covenant on civil and political rights
Covenant on civil and political right is a multi-lateral treaty adopted by the UN
general assembly on 16 December, 1966 and enforced from 23rd March 1976 in
accordance with the Article 49 of the covenant. Article 49, it allowed that the
covenant will enter into force 3 month after the date of the deposit of the 35 th
instrument of ratification accession. The covenant commits its parties to respect the
civil and political rights of the individual including the right to life, freedom of
religion, freedom to speech, freedom of assembly, electoral rights. As of the August
2017 the covenant has 172 parties.
The international covenant on civil and political rights 1966 compress of 53 articles
divided into 6 parts for the convenience of study. The articles may be classified into
following categories.
1. Preamble
2. General Article (1-5 article)
3. Subsistence Right (6-27 article)
4. Implementation or enforcement machinery (28-45 article)
5. International of saving provision (article 46-47)
6. Final and concluding provision (48-53)
1 . Preamble
The state parties to the present covenant recognize that these rights derive from the
inherit dignity of the human person recognizing that in accordance with the universal
declaration of human rights the ideal of free human beings enjoying civil and
political freedom and freedom from fear and want can only be achieved if conditions
are created whereby everyone may enjoy his civil and political rights as well as his
economic, social and cultural rights.
The obligation of the state parties under the charter of the united nation to promote
universal respect for and observance of the human rights and freedom. Realizing that
the individual having duties to another individual and to the community to which he
belongs is under a responsibility to strive for the promotion and observance of the
right recognized in the present covenant.
2 . General Article
Part II of the international covenant on civil and political right are related to the
general article which are as follow—
Article 1 –
All the people have the right of self-determination and they freely determine their
political status and their economic, social and cultural development.
Article 2—
Each state party to the present covenant undertakes to respect and to ensure the entire
individual within the territory and subject to its jurisdiction. The rights recognized in
the present covenant without distinction of any kind such as race, caste, sex, language
and religion.
Article 3—
The state parties to the present covenant undertake to ensure equal rights of men and
women to the enjoyment of all civil and political rights.
Article 4—
In the time of public emergency which threaten the life of nation and the existence of
which officially proclaimed the state party to the present covenant may take measures
derogating from their obligation under the present covenant to handle the situation.
Article 5—
Nothing in the present covenant may be interpreted as employing for any right state
group or person any right to engage in any activity or perform any act aimed at the
distinction of any of the right and freedom recognized herein the present protocol.
3 . Substantive Rights
Article 6 to 27 of covenant enumerated specific substantive civil and political rights.
They are as follow—
Article 6 Right to life
The covenant recognizes the individual “inherit right to life” and requires it to be
protected by law.
Article 7 Prohibition of torture or cruel inhuman or degrading treatment
As with article 6, it cannot be derogated from under any circumstances. The article is
now interpreted to impose similar obligation to those required by UN convention
against torture, active measures to prevent it.
Article 8 Prohibition of slavery
The article prohibits slavery and enforced servitude in all situations. Article also
prohibits forced labor.
Article 9 Right to liberty and freedom from arbitrary arrest and detention.
It recognizes the right to liberty and security of the person. It prohibits arbitrary arrest
and detention.
Article 10 right of life and personal liberty
It requires anyone deprived of liberty to be treated with dignity and humanity.
Article 11
Prohibition of imprisonment merely on the ground of inability to fulfill a contractual
obligation.
Article 12 right to liberty of movement and freedom
It also include the right of person choose their residence, to live and return to country.
These rights apply to legal aliens as well as citizen of a state.
Article 13
Freedom of aliens in the territory of state party to covenant for arbitrary expulsion.
Article 14
Right to equality before the courts and tribunals. Right to fair and public hearing.
Article 15
Non – retroactive application of criminal law.
Article 16
Right to be recognized everywhere as a person before law.
Article 17
Rights related to family, privacy, home or correspondence.
Article 18
Freedom of thought, conscience and religion.
Article 19
Right of freedom of opinion of expression.
Article 20
Prohibition of propagate of war and advocacy of national or religious hatred.
Article 21
Right of peaceful assembly
Article 22
Right of freedom of association
Article 23
Right to marry and to formed family
Article 24
Right of every child to acquire a nationality
Article 25
Right of every citizen to vote and to be selected
Article 26
Equality before law
Article 27
Right to ethnic religious or linguistic minority to enjoy their culture or to profess their
own religion and to use their own language.

4 . Implementation or enforcement machinery

The implementations or enforcement machinery provided under part IV of this
covenant. The covenant provide for the establishment of an 18 members human
rights committee which shall be composed of state parties. The committee performs
the function of implementation of human rights in the following ways—
a. The reporting procedure article 40 to 41
b. The inter-state communication system article 41
c. Individual communication system

The reporting procedure

Human right committee shall submit all report to the secretary general of the UN.
Report shall indicate the factors and difficulties if any affecting the implementation
of the present covenant. The secretary general of UN may after the consideration
with the committee transmit to the specialized agencies concerned copies of such part
of the report.
The inter-state procedure system
A state party to the present covenant may at anytime declare under this article that if
recognizes the competence of the committee to receive and consider the
communication to the effect that the state party claim that another state party is not
fulfilling its obligation under the present convent. The communication under this
article may be received or considered only if submitted by the state party which had
made a declaration recognizing in regard to itself the competence of the committee.
Individual communication system
The last mention measures of implementation namely the individual communication
system. It does not find mention in the covenant on civil and political right. It finds
mention in optional protocol to international covenant on civil and political right.
This measure of enforcement of human right is available only to those individual
whose state are parties to the covenant.
5 . Implementation of saving provisions
Part IV comprising of article 46 and 47 deal with the interpretation. Article 47 further
provide that nothing in the present covenant shall be interpreted as impairing the
inherent right of all people to enjoy and utilize fully and freely their national wealth
and resources.
Article 46 says nothing in the present covenant shall be interpreted to constitute the
specialized agencies which define the responsibility to provide basic human rights.
6 . Final or concluding provisions article 49 and 50
Part VI of the covenant deals whit the final and concluding provisions. These
provisions are related with the signature, ratification, accession of the covenant by
the state parties, coming into force of the covenant, application, and amendments to
covenant.

Qs. Optional protocol-1 to ICCPR

Ans. The first optional protocol of the ICCPR is a multi-lateral treaty establishing an
individual complaint mechanism for the international covenant on civil and political
right. It was adopted by the UN general assembly on 16th December 1966 and entered
into force on 23rd march 1976. As of January 2018 it had 116 state parties.
The state parties to the present protocol—
Considering that in order further to achieve the purpose of international covenant on
civil And political right and the implementation of its provision it would be
appropriate to enable the human right committee set up in Part IV of the covenant to
receive and consider as provided in the present protocol communication from
individual claiming to be victims of violation of any of the rights set forth in the
covenant.
Article of the optional protocol-I
Article 1
State party recognizes the competence of the committee to receive and consider the
communication from the individual who claim to the victim of violation of
fundamental right.
Article 2
Written communication to the committee for violation
Article 3
Admissibility on ay communication
Article 4 bring attention to the state policy
The committee shall bring any communication submitted to it under the present
protocol to the attention of the state alleged to be violating any provision of the
covenant within 6 months. The receiving state party shall submit to the committee
written explanation or statement clarifying the matter.
Article 5 considering the report given by state party

The committee shall consider the communication recived under the present protocol
in the light of all written information/report made available it by the individual and
by the state party concerned. The committee shall forward its view to the state parties
concerned and to individual.
Article 6 inclusion in the Annual Report
The committee shall include in its annual report under the Article 45 of the covenant
a summary of its activities under the present protocol.
Article 7
Declaration on granting of independence to the colonies countries and individual.
Article 8
The present protocol is open for the signature, ratification and accession.
Article 9
Coming into force of the covenant.
Article 10
The provision of the present protocol shall extend to all parts of the federal states
without any limitation or exception.
Article 11 Amendments
Any state party to the present protocol may propose an amendment and file it with
the secretary general of UN at least 1/3rd of the state parties should be in the favor of
amendment.
Article 12 denounce
Any state party may denounce the present protocol at any time by the written
notification address to the secretary general assembly of Un denouncement shall take
effect 3 months after date of receive of notification of the general assembly secretary.
Article 13
The secretary general of the UN shall inform all the state referred to in article 48 of
the covenant following particulars-
a. Signature, ratification and accession
b. Amendment
c. Denouncement
Article 14 language of text
The present protocol of which the Chinese, English, French, Russian and Spanish
text are equally authenticated shall be deposited in the archives of the UN and
secretary general of UN shall transmit specified copies of present protocol to all the
state referred in the art 48.

Qs. Option Protocol-II (abolition of death penalty)

Ans. The second optional protocol on the international covenant of civil and political
rights aiming at the abolition of death penalty is a side agreement in the international
covenant of civil and political right. It was created on 15 th December 1989 and
entered into force on July 1991.
The optional protocol commits its members to the abolition of Death penalty within
their border/territories. thought article 2(1) allow the parties to made a reservation
allowing execution in time of war, pursuant to a conviction for most serious crimes
of military nature committed.
The state parties to the present protocol
Believing that abolition of death penalty contribute to the enhancement of the human
dignity and progressive development of human rights.
Recalling the article 3 of UDHR adopted on 10 December 1948 convinced the all the
measures of the abolition of death penalty should be considered as progressive in the
employment of right of life.
Article 1 No execution
No one within the jurisdiction of a state pary to present protocol shall be executed
and each party shall take all necessary measures to abolish the death penalty.
Article 2 reservation
The state party making such reservation shall at the time of ratification or accession
communicated to the secretary general of UN. The relevant provision of its national
legislation applicable during war time.
Article 3 submission of report to HR committee
The state parties to the present protocol shall include in the report they submit to the
HR committee in accordance with article 40 of the covenant .
Article 4 state communication to HR committee
State party to the covenant that have made declaration under article 41 the HR
committee can receive and consider the communication when a state party claims
that another state party not fulfilling its obligations.
Article 5 individual communication to the HR committee
The HR committee can receive and consider the communication from individual
subject to its jurisdiction.
Article 6 Additional provision to the covenant
The provision of the present protocol shall apply as additional provision of the
covenant.
Article 7 Signature, ratification and accession
Article 8 entered into force
Each state ratifying the present protocol or accession the present protocol shall
entered into force 3 months after the date of deposit of its instrument of ratification
or accession.
Article 9 present protocol extension
The provision of present protocol shall extend to all the states party of federal states
without any limitation or exception.
Article 10 information by the general secretary
Secretary general of UN shall inform all the state referred to in article 48 of the
covenant o the following particulars—
a. Reservation, communication and ratification
 b. Statement made under article 4 and 5 of present protocol
c. Signature, ratification and accession under article 7
d. Date of entry into force of present protocol under article 8

Article 11 language of the optional protocol

The present protocol of which the Chinese, English, French, Russian and Spanish
text are equally authenticated shall be deposited in the archives of the UN and
secretary general of UN shall transmit specified copies of present protocol to all the
state referred in the art 48.

Qs. International covenant on Economic, social and Cultural rights 1966

Ans. International covenant on Economic, social and cultural right is a multi-lateral
treaty adopted by UN general assembly on 16 December 1966 through the resolution
and came into force from 3rd January 1976. It commits its parties to works together
for granting economic, social and cultural rights to the non-self government and trust
territories and individual including labor rights and the right to health, the right to
education and right to adequate slandered of living.
As on September 2018 the covenant has 169 parties
ICESCR 1966
Beside the preamble the ICESCR comprises of 31 article divided into 5 parts for the
sake of convenience of study. The provision of covenant may be divided into
following parts—
1. Preamble
2. General article 1-5
3. Substantive rights article 6 -15
4. Measures of implementation 16-25
5. Final or concluding rights article 26 to 30

1 . Preamble
The preamble of the covenant on economic, social and cultural rights almost has
same of the covenant of civil and political rights which have been referred earlier.
The reason of their similarity is that common source of both the covenant i.e. UN
charter provision and universal declaration of human rights 1948.
2 . General Article
Part II of the international covenant on Economic, Social and cultural right are
related to the general article which are as follow—
Article 1 –
All the people have the right of self-determination and they freely determine their
political status and their economic, social and cultural development.
Article 2—
Each state party to the present covenant undertakes to respect and to ensure the entire
individual within the territory and subject to its jurisdiction. The rights recognized in
the present covenant without distinction of any kind such as race, caste, sex, language
and religion.
Article 3—
The state parties to the present covenant undertake to ensure equal rights of men and
women to the enjoyment of all civil and political rights.
Article 4—
In the time of public emergency which threaten the life of nation and the existence of
which officially proclaimed the state party to the present covenant may take measures
derogating from their obligation under the present covenant to handle the situation.
Article 5—
Nothing in the present covenant may be interpreted as employing for any right state
group or person any right to engage in any activity or perform any act aimed at the
distinction of any of the right and freedom recognized herein the present protocol.
3 . Substantive rights
Part III of ICESCR comprising of article 6 to 15. It deals with the economic, social
and cultural rights they are—
Article 6 right to work, freedom to freely choose
Article 7 right to enjoyment of just and favorable condition of works
Article 8 right to form trade union and join the trade union of choice
Article 9 right to social security including social insurance
Article 10 right related to family, motherhood, childhood
Article 11 right to adequate standard of living for himself and his family including
adequate food, clothing and housing.
Article 12 right to enjoyment of highest attainable standard of physical and mental
health.
Article 13 right of education including compulsory and free education
Article 14 undertaking to implement principle of compulsory education free of
charge of all within a reasonable number of years.
Article 15 right to
a. take part in cultural life
b. enjoy the benefit of scientific progress and its application
benefit from protection of the moral and material interest resulting from any
scientific, literacy, artistic, production of which he is the author.
4 . Implementation or enforcement machinery
The implementations or enforcement machinery provided under part IV of this
covenant. The covenant provide for the establishment of an 18 members human
rights committee which shall be composed of state parties. The committee performs
the function of implementation of human rights in the following ways—
a. The reporting procedure
b. The inter-state communication system1
c. Individual communication system

The reporting procedure

Human right committee shall submit all report to the secretary general of the UN.
Report shall indicate the factors and difficulties if any affecting the implementation
of the present covenant. The secretary general of UN may after the consideration
with the committee transmit to the specialized agencies concerned copies of such part
of the report.
The inter-state procedure system
A state party to the present covenant may at anytime declare under this article that if
recognizes the competence of the committee to receive and consider the
communication to the effect that the state party claim that another state party is not
fulfilling its obligation under the present convent. The communication under this
article may be received or considered only if submitted by the state party which had
made a declaration recognizing in regard to itself the competence of the committee.
Individual communication system
The last mention measures of implementation namely the individual communication
system. It does not find mention in the covenant on civil and political right. It finds
mention in optional protocol to international covenant on civil and political right.
This measure of enforcement of human right is available only to those individual
whose state are parties to the covenant.
5 . Final and concluding provision
Part V of the covenant comprising of article 26 to 31 deals with the final or
concluding provision. It deals with the provisions such as—
a. Signature, ratification and accession article 26
b. Entry into force article 27
c. Amendment article 29
d. Authenticated language article 31
e. Application article 28

Qs. African charter on Human and people’s rights

Ans. Introduction
The African charter on human and people’s rights also known as the Banjul charter is
and international human rights instruments that is intended to promote and protect
human rights and basic freedom in the African continent Banjul charter was adopted
on June 27 1981 and interred into force on October 1986 so far 49 states of the 50
members of the organization of the OAU have ratified or acceded to it.
Establishment of African charter on Human and people’s rights 1981
It emerged under the ages of the organization of African unity replaced by the
African union which at its 1979 assembly of heads of state and government adopted a
resolution calling for the creation of the committee of experts to draft a continent
wide human rights similar to those already existed in Europe and in America. The
committee was duly set up and it produced draft that was unanimously approved at
the OAU in 18th assembly held in June 1981 in Nairobi (Kenya). The African charter
on human rights came into effect on 21st October 1986 in honor of which 21st Oct.
declared as African human rights day it consist of 63 articles.
Human and people’s rights under African charter
Part 1 of the African charter contains following rights.
Article 3 equality before the law and equal protection of law
Article 4 right to respect of life and integrity of persons
Article 5 right to respect of the dignity inherent in human being and reorganization of
legal status
Article 6 right to liberty and security of person
Article 7 right to have his cause heard including—
a. Right to appeal to the competent national organs against violation of
fundamental rights
b. Right to presumption of innocence until proved guilty
c. Right to defense and right to fair trial within a reasonable time by an impartial
court or tribunal.
Article 8 right of conscience, the profession and free practice of religion
Article 9 right to information and right to express and disseminate his opinion
Article 10 right to free association
Article 11 right to assemble freely with other
Article 12 right to freedom of residence and movement
Article 13 right to participate freely in the government of country and right to equal
access to public service.
Article 14 right to property
Article 15 right to work under equitable and satisfactory condition.
Article 16 right to enjoy best attainable state of physical and mental health.
Article 17 right or education and take part freely in cultural life of community.
Article 18 family to be natural unit an basis of society and shall be protected by the
state.
Article 19 right to equality and prohibition of domination of the people by the
another.
Article 20 right to exercise including unquestionable and in alienable right to self-
determination.
Article 21 right to freely dispose off wealth and natural resources
Article 22 right to economic, social and cultural development and right to
development.
Article 23 right to national and international peace and security
Article 24 right to general satisfactory enrichment favorable to their development.

State obligation/ duties

The state party to the present charter shall have the duty to guarantee the
independence of the court and shall allow the establishment and improvement of the
appropriate national instruments in entrusted with the promotion and protection of
the right and freedom guaranteed by the present charter. Chapter 2 of part 1 lays
down the following duties to state and individual.
Article 27 duties towards family and society and legal reorganization to community
and international community.
Article 28 duty to respect and consider his fellow being without discrimination.
Article 29
I. Only to preserve harmonies development of family and to respect his parents
at all time to maintain then in case of need.
II. Duty to save his national community by placing his physical and intellectual
ability.
III. Duty not to compromise the security of nation.
IV. Duty to preserve and strengthen social and national solidarity
V. Duty to preserve and strengthen the national independence and territorial
integrity of his country.
VI. Duty to work to the best of his ability and competence and pay taxes imposed
by law
VII. Duty to preserve and strengthen the positive African culture
Implementation of African Charter
The African charter provides mainly 3 main procedure regarding the implementation
of African charter—
A. Reporting procedure
B. Interstate communication
C. Individual communication
African Commission on Human and people’s rights
Article 30 of the African charter provides for the establishment within the OAU an
African commission on human and people’s right as that mechanism to promote
human and people’s rights and to insure their protection in Africa.
Composition
The commission consists of 11 members to be chosen from amongst African
personalities of the highest reputation known for their high morality, integrity,
impartiality and competence in matters concerning the human and people’s right.
Preference given to the persons having legal experience.
Appointment of secretary
There is also provision for appointment of secretary to the commission to be
appointed by the general secretary of OAU. His main function is to provide for the
staff and services necessary for effective discharge of the duties of the commission.
Function of Commission
Function of commission are as following
1 . To promote human and people’s rights in particular—
a. To collect documents, undertake studies and research, organize seminars and
conference, disseminate the information, encourage natural and local
institution concerned with human and people’s rights.
b. To formulate and lay down the principle and rules aimed at solving legal
problem concerning human and people’s rights.
c. To cooperate with other African and international institutional concerned with
promotion and protection of human rights
d. To ensure the protection of human and people’s rights
e. To interpret all provision of charter at the request of the state party, institution
of OAU.
f. To perform any other task which may be interested to it by the assembly of the
head of the state and government.
g. Commission plays an important role in investigating th report an complaints.

Unit-III
Qs. The European system: the European convention for the protection of
human rights and fundamental freedom, 1950 and right guaranteed.
Ans. European convention on human rights
European convention on human rights is an international convention to protect the
human rights and political freedom on the Europe drafted by the then newly found
council of Europe. It was signed at Rome on November 1950. The convention
entered into force on 3rd September 1953.
All council of Europe members state are the party to the convention and the new
members are expected to rectify the convention at the earliest opportunity. Eropean
convention on human rights formally known as the convention for the protection of
human rights and fundamental freedom.
The convention established European court of human rights. Any person who feels
that his/her rights have been violated under the convention by a state party can take a
case in court. The judgments and finding are binding on the state party concerned and
they are obliged to execute them.
Right and freedom recognized under European convention on human rights
Under article 1 of the convention the state party of the convention undertake to
secure to everyone within their jurisdiction. The rights and freedom in article 1 of the
convention thereafter article 1 enlist and defines the following right and freedom.
Article 2 right to life
Article 3 freedom from torture/inhuman/degraded treatment or punishment.
Article 4(1) freedom from slavery
Article 4(2) freedom from forced and compulsory labor.
Article 5(1) right to liberty and feedom of peron
Article 5(2) rights arrested person to be informed of the reason of his arrest.
Article 5(3) right to be brought before the judge and to be entitled to trial within
reasonable time.
Article 6(1) right to a fair and public hearing within a reasonable time by an
independent and impartial tribunal establish by law.
Article 6(2) presumption of innocence of a person charge with a criminal offence
until proved guilt according to law.
Article 7 non retrospective application of criminal law under national and
international law.
Article 8 right to respect for private and family life, home and correspondence.
Article 9 right to freedom of thought, conscience and religion including freedom to
change religion or belief, freedom to reside either alone or in community with other.
Article 10 right to freedom of expression including freedom to hold opinion and to
receive and impart information and idea without interference by public authority.
Article 11 right to freedom of peaceful assembly and to freedom of association
including to form and to join trade union for the protection of his interest.
Article 12 right of men and women on marriageable age to marry and to found a
family.
Article 13 right to have an effective remedy before a national authority against the
violation of right and freedom set forth in this convention.
Article 14 protocol 1 right of every natural and legal person to the peaceful
enjoyment of his possession.
Protocol 2 right to education
Protocol 3 right to have free election and the free expression of the opinion of the
people in the choice of the legislation.
Protocol 4 right not to expel from the state of which the person is national.
Protocol 4 freedom from collective expulsion from the state.
Protocol 6 abolition of death penality.
Protocol 7 right of review of a conviction by a higher court.

Qs. Enforcement mechanism

Committee of minister
The committee of minister of the council of Europe is the decision making body. It
comprises the foreign affair ministers of all the member states or their permanent
diplomatic representative. it is both a governmental body where national approaches
to problems facing European society can be discussed. It is the guardian of the
council’s fundamental value and monitor the member states complies with their
undertaking.
Members of the committee of minister
The members of foreign affairs of each council of Europe member sits on the
committee of minister. In May 1951 the committee of ministers invites each member
state to appoint a permanent representative who would be in constant touch with the
organization. They are usually senior diplomats with ambassadorial rank.
In 1952 the community decided that each minster could appoint a deputy. The
minister’s deputies have the same decision making powers as ministers. A deputy is
usually also the permanent representative of the member state.
Meeting of the committee of ministers
The committee meets at ministerial level once a year in May or in November. The
meetings known as session are normally held in Strasbourg in France. The each
session usually devoted to the political dialogue, the minister may discuss all matters
of mutual interest except with related to defence. All though the records of the
session are confidential, a final report issued in the end of each meeting. The minister
may issue one or more declaration.
Meeting of minister’s deputy
It usually held in committee in minister’s meeting room once a week. The deputy
also meets several times a week in subsidiary groups.
Role of committee of ministers
Role of committee of ministers are as follow—
1 . Admitting new member state
The committee of ministers has the authority to invite European state to become a
member of council of Europe. It also suspends or terminates the membership. The
process of admission begins when the committee of ministers having received any
official application for the membership. If the committee decides that a state can be
admitted it adopt a resolution inviting that state to become a member.
2 . Concluding conventions and agreement
Article 15(a) of the statutes state that the committee of ministers of the council of
Europe shall consider the action required to further the aim of the council of Europe,
including the conclusion of convention and agreement.
3 . Adopting recommendations to member states
Article 15(b) of the statutes provides for the committee of ministers to make
recommendations to member states matter for which the committee has argued a
common policy. Under article 20 of the statutes adoption of a recommendations
requires a unanimous vote of all representative present majority of those entitled to
vote.
4 . Adopting the budget
Under article 38 © of the statues the secretary general is required to prepare a draft
budget each year and submit it to the committee of ministers for adoption. The draft
budget each year is presented to the deputies in November of each year. It is adopted
with the programmer of resolution and financial regulation.
5 . Supervising the execution of judgment of the European court of human
rights
The accordance with the article 46 of the convention the committee of ministers
supervises the execution of judgment of European court of human rights. This
function is generally carried out manly at 4 regular meetings every year. The
committee of ministers essential function is to ensure that the member state comply
with the judgment of European court of human right.
6 . Final decision of the committee of ministers
If the question was not referred to the court under article 48 of the convention then
within a period of 3 months from the date of transmition of report of the committee
of ministers. The committee of ministers shall decide by a majority of the member. If
the committee of ministers decided that there was violation of the convention it shall
prescribed a period during which the contracting party concerned must take the
measures required by committee.

The European court of human right

The article 19 of the European convention of human right and fundamental freedom
1950 provide for the setting of European court of human right on the permanent
basis. The original convention requires at least 8 states parties must accept this
original jurisdiction. The requirements have been fulfilled in September 1953. The
court was set up in January 1959. Only the state accepting the jurisdiction could
bring the case before the court. It is a super natural or international court established
by the European convention on human rights. It has 47 members states and its
location is in Strasbourg France.
Composition of court
The court consists of number of judges equal to that of the contracting parties.
Qualification
The judge shall be of high moral characters and must either possesses the
qualification required for the appointment to high judicial office or be jurist consult
of recognized competence. The judge shall be sit in the court in the individual
capacity.
Election
The judge shall be elected by parliamentary assembly with respect to each state party
by a majority of vote cast from a list of 3 candidates nominated by state party.
Tenure of the judge
The judge shall be elected for the period of 6 years. The term of the judges shall
expire when they reach the age of 70. The judge shall hold the office until replaced.
They shall however continue to deal with such cases as they already have under the
consideration.
Removal from office
No judge may be dismissed from his office unless the other judges decide by a
majority of 2/3rd that he has ceased to fulfill the required conditions.

Kind of Courts under ECHR

1. Plenary courts
2. The committees
3. Chamber
4. Grand chamber
1 . Plenary court
The plenary court shall—
a. Elect its president and one or more vice president for period of 3 year.
b. Set up chamber constituted for a fixed period of time
c. Elect the president of the chamber of court they may be re-elected
d. Adopt the rules of the court
e. Elect the registrar and one or more deputy registrar.
2 . Committee
To consider a case brought before it the court shall sit in committee of 3 judges, in
chamber of 7 judges and in grand chamber of 17 judges. A committee may by a
unanimous vote declare inadmissible or strike out of its list cases of individual
application submitted under article 34 where such a decision can be taken without
further examination and the decision shall be final.
3 . Chamber
If no decision on the admissibility of the individual application under article 28. A
chamber shall decide on the admissibility and merit of the individual application
submitted under article 34. A chamber shall also decide the admissibility of the
application submitted by the interstate.
The judgment of the chamber shall become final
a. When parties declare that they will not request that the case be referred to the
grand chamber or
b. Three months after the date of the judgment if reference of the case to the
grand chamber has not been request.
c. When the panel of the grand chamber rejects the request to refer under article
43
4 . Grand chamber
The grand chamber consists of 17 judges. The grand chamber shall also includes the
president of court the vice president and other judges chosen in accordance with the
rules of the court. Where case pending before a chamber raises serious question
affecting the interpretation of the convention or where the resolution of a question
might have a result inconsistent with the judgment previously delivered by the court.
Powers
I. Determine the application submitted under article 33 or when the case has
been referred to him under article 33
II. Consider request for the advisory opinion submitted under article 47. the grand
chamber renders advisory opinion at the request of committee of ministers.
III. Article 32 of European convention provides the jurisdiction of the court which
shall entered to all matters concerning the interpretation and application of the
convention..
IV. The European court might have 3 type of jurisdiction –
a. Interstate cases
b. Individual
c. Advisory opinion

Qs. The inter-American system: The American convention on human right,

1969: the right granted.
Ans. The American convention on human right also known as the pact of San Jose is
an international human rights instrument. It was adopted by the many countries in the
western Hampshire in San Jose, Costa Rica on 22nd November 1969. It come into the
force after the 11th instrument of ratification was deposited on 18 July 1978. It was
signed on 22 November 1969. It has 24 states parties. The bodies responsible for
overseeing compliance with the convention are the inter-American commission on
human right.
Right recognized under the convention
The ACHR 1969 guarantees the following civil and political rights—
1. Article 3: Right to judicial personalities
2. Article 4: right to life
3. Article 5: right to human treatment
4. Article 6: freedom from slavery
5. Article 7: right to personal liberty
6. Article 8: right to a fair trial
7. Article 9: freedom from ex-post facto laws
8. Article 10: the right to compensation for miscarriage of justice
9. Article 11: right to privacy
10.Article 12: freedom from conscience and religion
11.Article 13: freedom from thought and expression
12. Article14: right to reply
13.Article 15: right to assembly
14.Article 16: freedom of association
15.Article 17: right to family
16.Article 18 : right to name
17.Article 19 : right to the child
18.Article 20 : right to nationality
19.Article 21 :right to property
20.Article 22 :freedom of movement and resident
21.Article 23 : right to participate in government
22.Article 24 :right to equal protection of law
23.Article 25 : the right to judicial protection
Implementation of Covenant
The ACHR 1969 provides for 2 specialized enforcement mechanism or as article 33
of the American convention provides having competence with respect to matters
relating to the fulfillment of the commitment made by the state party to this
convention.
The inter-American Commission on human right
Composition
The commission is headquarter at the OAS in Washington DC. The commission
consists of 7 members who are persons of high moral character and recognized
competence in the field of human rights. They are elected by the general assembly of
OAS from the list of the candidates nominated by the government of member states.
Term of members
Article 37 of the American convention provides that the member of the commission
shall be elected for 9 years and may be elected only once.—

Power and function

The main function of the commission is to promote respect for and defense of human
rights in the exercise of it mandate it shall have the following function and power—
a. To develop an awareness of human rights among the people of American
continent
b. To make recommendation to the government of member state when it consider
such action advisable for the adoption of progressive measures in favor of
human right.
c. To prepare such studies or report as it consider advisable in the performance of
its duties
d. To provide any information on the request of the government members state in
the matter of human rights
e. To respond through the general secretariat of the organization of American
state to inquires made by the members states on matter related to human right
and within the limits of its possibilities.
f. To provide those states with the advisory service by required
g. To lake action on petition and other communication under the American
convention.
h. To submit an annual report to the general assembly of the OAS
i. The main object of the commission is to secure a friendly settlement and if a
friendly settlement is made the commission draws up a brief statement of the
facts and solution arrived at.
j. The commission may receive petition from any person/group of person/any
other non-govt entity legally recognized in one or more member states.
Inter-American court of human rights
The enter-American court of human rights is not accessible to individual like its
European counterparts. The inter-American court is accessible only to the inter-
American commission and to those state parties who have expressly recognized its
jurisdiction. The enter-American court of human rights was adopted by the general
assembly of the OAS in its 9th regular session held in Bolivia in October 1979.
Composition
The inter-American court of human right consist of 7 judges they are national of the
members states of the organization judge are elected in their individual capacity from
amongst the jurist of the highest moral authority and of recognized competence in the
field of human right and who are qualified for the appointment of the highest judicial
office of the state. No two judge may be the nationals off the same stste.
Tenure
Judges are elected for the term of 6 years but they can be re-elected only once.
Quorum
5 judges out of 7 constitute the quorum for the court
Power and jurisdiction
The court has 2 types of jurisdiction article 61 of the American convention provides
that only the state parties and commission shall have right to submit a case to the
court—
A. Contentious jurisdiction
B. Advisory jurisdiction
Contentious jurisdiction
The contentious jurisdiction is optional for state party, availing these jurisdictions of
the court a state party while rectifying of the convention has to make a declaration
recognizing as binding the jurisdiction of the court on all matter concerning the
interpretation/application of the convention. The power of the court is much wider
than the counterpart. Case before the court may result in order for compensatory
damage permanent or temporary injunction. The state parties under article 68 have
complied with the judgment of the court in any case to which they are party. The
judgment the court is final and not appealable. However the court lacks the powers of
enforce its decision for this very purpose the court has to relay on the OAS general
assembly. The court may submit it annual report to the general assembly of OAS
specifying the particular case in which its judgment have not been complied with the
state parties.
Advisory Jurisdiction
The inter-American court of human rights possess advisory jurisdiction also. The
member states of OAS or certain international American organization including the
commission may consult the court with regard to the interpretation of the convention
or other treaties related to the protection of human rights in American states at the
request of any such state. The court may give advisory opinion regarding the
compatibility of its domestic laws with such international instruments.

Unit-IV
Qs. Human Rights in India: Constitutional guarantees of Fundamental Rights
Ans. The Fundamental Rights are defined as the basic human rights of all citizens.
These rights, defined in Part III of the Constitution, apply irrespective of race,
place of birth, religion, caste, creed or sex.

Fundamental Rights may well be called the soul of our Constitution. These are the
very basic rights that are universally recognized as fundamental to human
existence and indispensable for human development. It guarantees civil liberties
such that all Indians can lead their lives in peace and harmony as citizens of India.
They include individual rights common to most liberal democracies, such as
equality before the law, freedom of speech and expression, freedom of association
and peaceful assembly, freedom of religion, and the right to constitutional
remedies for the protection of civil right.

The Constitution guarantees six fundamental rights to Indian citizens as follows:

1. Right to Equality (Articles 14 - 18):

Equality implies provision for equal opportunities persons for their self-
development without any distinction of religion, caste, sex, wealth or status. The
Right to Equality has been guaranteed by the Indian Constitution in Articles 14-18.

Article 14 - Art. 14 of the Indian Constitution say, “The State shall not deny to any
person equality before the law or equal protection of the laws within the territory
of India”. All are equal before the law. That means, no one can claim any special
privilege. Nobody is above the law of the land.
Article 15 - Prohibition of discrimination on grounds only of religion, race, caste,
sex or place of birth.
Article 16 - Article 16 of Indian Constitution ensures equality of opportunity for
all citizens in public employment. It is further provided that in case of public
employment the State cannot make any discrimination on grounds only of religion,
race, sex, descent, place of birth or residence
Article 17- Article 17 of Indian Constitution declares the abolition of
untouchability and prohibit its practice in any form. The enforcement men
disability arising out of ‘Untouchability’ shall be an offence punishable in
accordance with law .
Article 18 - Article 18 of Constitution of India prevents the State from conferring
of title. Besides, no Indian citizen shall accept any title from any foreign state. This
is considered to be an important step towards the establishment of social equality in
India.

2. Right to Freedom (Articles 19 - 22): There are six rights under this category:-
 Right to freedom of Speech and Expression.
 Right to freedom of peaceful Assembly with out arms.
 Right to form associations or Unions.
 Right to Move freely throughout the territory of India.
 Right to Residence and settle in any part of the Country.
 Right to practice any Profession or carry any Trade, occupations.
3. Right against Exploitation (Articles 23 - 24):
Article 23 - Article 23 of Indian Constitution declares Prohibition of traffic in
human beings and forced labor.
Article 24 - Article 24 of Indian Constitution states that the employment of
children under 14 years in factories or mines, are punishable offences.

4. Rights to freedom of Religion (Articles 25 - 28):

Article 25 - Article 25 of Indian Constitution clearly enumerates Particulars of
freedom of conscience and free profession, practice and propagation of religion.
Article 26 - Article 26 of Indian Constitution specifies the freedom to manage
religious affairs.
Article 27 - Article 27 of Indian Constitution states the Freedom as to payment of
taxes for promotion of any particular religion.
Article 28 - Article 28 of Indian Constitution includes freedom as to attendance at
religious instruction or religious worship in certain education institutions.
Exception - Except when it is in the interest of public order, morality, health or
other conditions, everybody has the right to profess, practice and propogate his
religion freely.

5. Cultural and Educational Rights (Articles 29 - 30):

The Constitution provides that every community can run its own institutions to
preserve its own culture and language. The minorities are also given the right to
establish and administer educational institutions of their own.

Article 29 - Protection of interests of minorities.

Article 30 - Right of minorities to establish and administer educational institutions

6. Right to constitutional Remedies (Articles 32 - 35):

Article 32 - When a citizen finds that any of his fundamental rights has been
encroached upon, he can move the supreme court, which has been empowered to
safeguard the fundamental rights of a citizen. This right has been called Soul and
heart of the Constitution by BR Ambedkar.-

The Supreme Court under article 32 and the High Court 226 can issue the writs
of habeas corpus, mandamus, prohibition, and quo-warranto.
Habeas Corpus- It is a Latin word means “To have a body of”. It is an order
issued by the Court to a person who has detained another person to produce the
body of the latter before it.
Mandamus - It literally means “We Command.” A mandamus is an order from a
court to an inferior government official ordering the government official to
properly fulfill their official duties or correct an abuse of discretion.
Prohibition - Means “to forbid.” It is issued by the higher court to lower court to
prevent the latter exceeding its jurisdiction or usurping a jurisdiction that it does
not posses.
Quo-Warranto - It means “By What Authority.” It is issued by the court to
enquire into the legality of claim of a person to a public office.

Qs. The Protection of Human Rights Act, 1993 and functioning of the Human
Rights Commission of India
Ans. For the protection of human right protection of human right act 1993 was
passed in India on which the president of India gave his assent on 8 th January 1994
The purpose of the enactment is laid down in the Preamble of the Act i.e., it
provides for the establishment of a National Human Rights Commission, State
Human Rights Commissions in States and Human Rights Courts for better
protection of human rights.
Definition of Human Right
According to Protection of Human right Act 1993 section 2(d)—
“Human right is the right related to the life, liberty, equality and dignity of the
individual guaranteed by the constitution or embodied in the international
covenants and enforceable by the courts in India.”
On the basis of above definition the meaning of human rights are-
1. Which are necessary for maintaining human dignity or for leading a
dignified life.
2. Which are necessary for physical, mental, and intellectual development of
individual.
3. Which are included in the international covenants and convention.
4. Which are protected by the Indian constitution and enforceable by the courts
in India.
The main object of the act—
1. Better protection of human right
2. The constitution of national human right commission, state human rights
commission .
3. Setting up of human right court
National Human Rights Commission (N.H.R.C.)
Chapter II of the Act deals with the constitution of the National Human Rights
Commission (N.H.R.C.). Section 3 of the Act lays down that the Central
Government shall constitute a body known as the National Human Rights
Commission. N.H.R.C. is an eight-member body. The Commission consists of:
a) A Chairperson who has been a Chief Justice of the Supreme Court
b) One Member who is, or has been a judge of the Supreme Court
c) One Member who is, or has been, the Chief Justice of a High Court
d) Two Members to be appointed from amongst persons having knowledge of, or
practical experience in, matters relating to human rights. Besides these, the
Commission shall include:
e) The Chairperson of National Commission for Minorities
f) The Chairperson of the National Commission for the Scheduled Castes and
Scheduled Tribes
g) The Chairperson of the national Commission for Women
The Act also makes provision for a Secretary General who shall be the Chief
Executive Officer of the Commission, who shall exercise such powers and
discharge such functions of the Commission as are delegated to him.
Appointment of Chairperson and other Members
The President appoints the Chairperson and other members of the Commission
after obtaining the recommendations of the Committee consisting of:
a) Prime Minister – Chairperson
b) Speaker of the House of People - Member
c) Minister in charge of Ministry of Home Affairs in the Government of India -
Member
d) Leader of the Opposition in the House of the People - Member
e) Leader of the Opposition in the Council of States - Member
f) Deputy Chairperson of the Council of States - Member

Term of Office of the Members

The person appointed as Chairperson and the members shall hold the office for a
term of five years from the date of their appointment or until he or she attains the
age of seventy years5 whichever is earlier. The Chairperson and the member shall
hold office for a period of five years from the date on which they enter upon their
office. They are eligible for reappointment for another term.
Powers and Functions
The functions of the Commission are as follows:
1. The Commission shall inquire suo motu or on a petition presented to it by a
victim or any person on his behalf into complaints of (a) violation of human
rights or abatement thereof or (b) negligence in the prevention of such
violation by a public servant.
2. The Commission may intervene in any proceeding involving any allegation
of violation of human rights pending before a court with the approval of
such court.
3. The Commission shall visit, under intimation to the State Government, any
jail or any other institution under the control of the State Government here
persons are detained or lodged for purposes of treatment, reformation or
 protection to study the living conditions of the inmate and make
recommendations thereon.
4. The Commission shall review the safeguards provided by or under the
Constitution or any law for the time being in force for the protection of
human rights and will recommend measures for their effective
implementation.
5. The Commission shall review the factors, including acts of terrorism that
inhibit exercise of one's human rights as well as the safeguards currently in
force and make appropriate recommendations.
6. The Commission shall study the treaties and other international instruments
on human rights and make recommendations for their effective
implementation.
7. The Commission will undertake and promote research in the field of human
rights.
8. The Commission shall spread human rights literacy among various sections
of society and promote awareness of the safeguards available for the
protection of these rights through publications, media, seminars and other
available means.
9. The Commission shall encourage the efforts of non-governmental
organizations and institutions working in the field of human rights.
10.The Commission may perform any other function it may consider necessary
for the promotions of human rights.
11.The Commission shall submit an annual report to the Central Government
and to the State Government concerned and may at any time submit special
reports on any matter, which in its opinion, is of such urgency or importance
that it shall not be deferred till the submission of the annual report. The
Central Government and the State Government shall cause the annual and
special reports of the Commission to be laid before each House of
Parliament or the State Legislature respectively along with a memorandum
of action taken or proposed to be taken on the recommendations of the
Commission and the reasons for non-acceptance of the recommendations, if
any.
13. Powers relating to inquiries.—
(1) The Commission shall, while inquiring into complaints under this Act, have all
the powers of a civil court trying a suit under the Code of Civil Procedure, 1908 (5
of 1908), and in particular in respect of the following matters, namely:—
(a) Summoning and enforcing the attendance of witnesses and examining them on
oath;
(b) Discovery and production of any document;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or copy thereof from any court or office;
(e) Issuing commissions for the examination of witnesses or documents;
(f) Any other matter which may be prescribed.
(2) The Commission shall have power to require any person, subject to any
privilege which may be claimed by that person under any law for the time being in
force, to furnish information on such points or matters as, in the opinion of the
Commission, may be useful for, or relevant to, the subject matter of the inquiry and
any person so required shall be deemed to be legally bound to furnish such
information within the meaning of section 176 and section 177 of the Indian Penal
Code (45 of 1860).
(3) The Commission or any other officer, not below the rank of a Gazetted Officer,
specially authorized in this behalf by the Commission may enter any building or
place where the Commission has reason to believe that any document relating to
the subject matter of the inquiry may be found, and may seize any such document
or take extracts or copies there from subject to the provisions of section 100 of the
Code of Criminal Procedure, 1973 (2 of 1974), in so far as it may be applicable.
(5) Every proceeding before the Commission shall be deemed to be a judicial
proceeding within the meaning of sections 193 and 228, and for the purposes of
section 196, of the Indian Penal Code (45 of 1860), and the Commission shall be
deemed to be a civil court for all the purposes of section 195 and Chapter XXVI of
the Code of Criminal Procedure, 1973 (2 of 1974).
30. Human Rights Courts.—
For the purpose of providing speedy trial of offences arising out of violation of
human rights, the State Government may, with the concurrence of the Chief Justice
of the High Court, by notification, specify for each district a Court of Session to be
a Human Rights Court to try the said offences: Provided that nothing in this section
shall apply if—
(a) a Court of Session is already specified as a special court; or
(b) a special court is already constituted, for such offences under any other law for
the time being in force.
31. Special Public Prosecutor.—
For every Human Rights Court, the State Government shall, by notification,
specify a Public Prosecutor or appoint an advocate who has been in practice as an
advocate for not less than seven years, as a Special Public Prosecutor for the
purpose of conducting cases in that Court.
Qs. Judicial activism and protection of Human Rights in India
Ans. Article 21 of the Constitution is very important. The scope of this article has
kept increasing with the time, place and circumstances. It provides protection of
life and personal liberty. The base of this article is – “No person shall be deprived
of his life or personal liberty except according to the procedure established by
law.”

This question is that what is life and personal liberty.” Generally it is understood as
right to live. Every person has the right to live. The right to live also has a different
meaning. It means not only with living, but with respectful and humanly pride’
living.

‘Kharak Singh Vs State of U.P.’ (A.I.R. 1963 S.C. 1295)- Supreme Court while
describing this right said that- “Right to live means not merely animal existence,
but living respectfully and human dignity.”

Similarly, “Maneka Gandhi s Union of India” (A.I.R. 1978 S.C. 597)- the
Supreme Court held that- “The expression ‘personal liberty’ covers a variety of
rights which go to constitute the personal liberty of man.’

Above analysis shows that right of life and personal liberty means- right to live
respectfully and with human dignity. With the passage of time, several subject
related to human dignity have been included in this right, namely-

(1) Right to medical attendance & treatment (Parmanand Katara Vs nion of

India, A.I.R. 1989 S.C. 2039).
(2) Right to Education (Kumari Mohini Jain vs State of Karnatka, A.I.R. 1992
S.C. 1958).
(3) Right to Environmental Conservation (law Society of India Vs Fertilizers and
Chemicals, Travancore, A.I.R. 1994 Kerala 308).
(4) Right to speedy trial (Police Commissioner, Delhi Vs Register, Delhi High
Court, A.I.R. 1997 S.C. 95).
(5) Right to Prevention of Sexual harassment of Working Women (Vishaka Vs
State of Rajasthan, A.I.R. 1997 S.C. 3011).
(6) Right to free legal aid (S.H. Hoskot Vs State of Maharashtra, A.I.R. 1978
S.C. 1548).
(7) Right to respectful funeral of unidentified bodies (Shelter right movement Vs
Union of India, A.I.R. 2002 S.C. 554).
(8) Right to rehabitation of beggars (AbhiparayaWelfare Society Vs
Government of A.P. A.I.R. 2001 A.P. 273).
(9) Right to protection from smoking (Murli S. Deora Vs Union of India, A.IR.
2002 A.C. 40).
(10) Right to protection from ragging of students (Vishwa Jagriti Mission Vs
Government of India, A.I.R. 2001 S.C. 2783 and S.Ramesh Vs Venipoya
Dental College, .I.R. 2002 Karnataka 264).
(11) Right to maintenance of Women dignity in beauty contests (Chandra Raj
Kumari Vs Police commissioner, Hyderabad, A.I.R. 1998 A.P. 302).
(12) Right to electricity and water (Maulvi Masood Ahmed Vs State of J&K,
A.I.R. 1997 J&K 75) and (Putappa Hannapa Talwar Vs Deputy
Commissioner, Dharwad, A.I.R. 1998 Karnataka 10).

Right to Livelihood- it is an important question that whether right to livelihood is

included in the right to life and personal liberty under Article 21? Although Article
21 does not clearly mention about it, but the decision of Supreme Court had led to
believe that right to livelihood is a part of Article 21.

‘Consumer Education and Research Centre Vs Union of India (A.I.R. 1995

S.C. 922)- Supreme Court held that providing better sources of livelihood is part of
article 21.

Right to fair hearing and speedy trial- in changing circumstances, our courts
have included fair hearing trial ad speedy trial in the right to life and personal
liberty under Article 21.

‘State Vs Maksudan Singh (A.I.R. 1986 Patna 38)- Patna Court said that the right
to life and personal liberty has extended to the matters of speedy trial.
Right to Free Legal Aid- Now, right to free legal aid has also been considered to
be part of right to life and personal liberty under Article 21. Although, free legal
aid has not been given place in Article 21, rather it is mentioned in Article 39 A
(Directive Principles of State Policy); but judicial decision have given it the
position of fundamental right.

‘M.H. Haskot Vs state of Maharashtra (A.I.R. 1978 S.C. 1548)- Supreme Court
clearly said that- “It is the duty of state to provide free legal aid to poor, not a
relief.”

Procedure established by law- it is noteworthy that right to life and personal

liberty is not absolute. It can be restricted or withdrawn by ‘procedure established
by law, i.e. a person may be devoid of right to life and personal liberty by
procedure established by law. The expression ‘procedure established by law’ is
similar to the expression ‘Due process of law’ mentioned in American
Constitution.

But, such law must be in accordance to the principles of natural justice and be
reasonable no one can be devoid of his right owing to an arbitrary law.

‘A.K. Gopalan Vs State of Madras’ (A.I.R. 1952 S.C. 27)- Supreme court while
ratifying it said that “Procedure established b y law must be reasonable, justifiable
and according to principles of natural justice.”

Qs. Role of Non-Governmental Organizations in the promotion and

protection of Human Rights
Ans. No study of human rights in independent India can complete without specific
mention of the role of the Non-Government Organization’s (herein after referrers
as NGO’s) in exposing instances of human rights violation for suitable action by
the Government. Since the end of the Second World War and most especially
since the end of the 1970’s, there has been an explosive emergence of local,
national and international voluntary organizations working for the promotion and
protection of human rights on every continent and in almost every country in the
world. These NGO’s vary enormously in their membership, leadership and
purposes, in the scope of their activities and programmes and in the influence or
impact they have in domestic, regional or international arenas
What Is an NGO
A non-governmental organization (NGO) is a non-profit, citizen-based group that
functions independently of government. NGOs, sometimes called civil societies,
are organized on community, national and international levels to serve specific
social or political purposes, and are cooperative, rather than commercial, in nature.

The role of NGO’s in the Human Rights

NGO’s in the human rights arena perform a wide variety of functions. These will
vary with the differing political, social, economic and cultural situation in which
NGO’s find themselves. The strategies and tactics the NGO’s will employ, will be
different from the issues of NGO’s in situation of intense political repression, or of
NGO’s in the third world countries facing such multiple crisis as famine,
ecological degradation, foreign debt, ethnic violence, lawlessness and corruption.
1 Information Gathering, Evaluation and Dissemination:
One of the most important functions performed by NGO’s engaged in human
rights work is that of monitoring the behavior of the State and of other power elites
of gathering, evaluating and dissemination of information. In the process of
exposing human rights violation, the importance of information emerges in part
from the paradox that is central to the human rights struggle.
In the recent years, the information or fact-finding function of NGO’s has under
serious scrutiny, especially from the Governments charge with committing
violations and from their supporters. As a consequence, many in the human rights
community have been sensitized to the need for their data, to pass tests of validity
and reliability. NGO’s have monitored the behavior of armed opposition or
terrorists.
Finally, with respect to information, it is important to recognize that often in a
better position than Government agencies both to collect and to assess information
with respect to the observance of economic, social and cultural are critical
preconditions for effective action in the area of human rights to have a policy
impact that information needs to be discreminated.
Advocacy to stop Abuses and Secure Redress:
Advocacy means actively taking up the case of those, whose rights are violated.
For a human rights organization, advocacy may speaking out for the voiceless and
it entails expanding and making more visible what may be only a blatant conflict.
Legal Aid, Scientific Expertise and Humanitarian Assistance:
Organizations concerned with human rights have also been engaged in a broad
range of activities which can be grouped under the heading of humanitarian
assistance. This may involve sending food, clothes or reading material to political
prisoners, extending material to aid to the families of such prisoners providing
emergency relief to refugees and internally displaced persons, providing shelter for
the homeless for street children.
Keeping open the Political System:
On the whole, human rights NGO’s are not mass based organization. Human
Rights NGO’s are very much involved in political struggle in as much as the
struggle for human rights, struggle about power and its control. The human rights
organization is different because its purpose is largely to keep the political process
open and to keep the Government accountable so that the power is not inordinately
centralized or abused.
Building Solidarity:
NGO’s and People’s organization on the front line in human rights struggle are
often both highly vulnerable and highly isolated. Building solidarity across the
different sectors of society between workers and peasants, women organization,
organizations of indigenous peoples and across ethnic and religious groups is a
task taken on, by much organization working in the human rights arena. In
heterogeneous societies, many NGO’s recognize that change will come only by a
radical restricting of the social order. Hence, efforts are directed towards
information sharing and networking as a first step by such creating solidarity.
Education, Concretization or Empowerment:
NGO’s have come to realize that people cannot defend their rights unless they
know their rights. It is increasingly felt that human rights can play a significant role
in the empowerment of the impoverished. The educational efforts that engage
NGO’s in the human rights area, tend to be at the non-formal level, rather than the
formal school setting and involve consultations, workshops and seminars and
training courses for women, trade unionist, peasants, and the indigenous or church
people. New methodologies have been developed, especially for reaching the
illiterate, including street theatre, comic books, film poster competitions, folk
music.
In case of repression cases, it is possible to consider long-range objectives,
education, conscientization and empowerment move to a priority position in the
human rights agenda as the best hope for the future.
Legislation to Incorporate or Develop Human Rights Standards:
At the International and regional level, the burden of legislative drafting has fallen
to international human rights NGO’s which have been playing an increasingly
important in this area. The NGO’s are often engaged in drafting legislative
proposals, preparing position papers on pending legislation and testifying before
Parliamentary or other Government Committees. Today, NGO’s working groups
closely follow the drafting of new international human rights, legislation- treaties,
declaration, and guidelines and make major inputs into the process. They plan an
equally important role in identifying defining new issues and areas requiring the
legislation.
International NGOs
Australia Asia Worker Links:
It is an Australian non-government organization active since 1979, established to
forge international labour movement links in the Asia-Pacific region. AAWL
supports union, human, indigenous and women’s rights, promoting solidarity
between unions and advocating for improvements in corporate citizenship in the
region. Its office is in the Victorian Trades Hall Council building, Melbourne.
AAWL has conducted solidarity exchanges and study tours in many countries
including South Korea, China, India, Nepal, Sri Lanka, Malaysia, Thailand,
Vietnam, Philippines, Papua New Guinea, and Japan.
The Fred Hollows Foundation
It is a non-profit, community-based, non-government development aid
organization that focuses on treating and preventing blindness and other vision
problems. It operates in Australia, The Pacific, South and South East Asia, and
Africa.
Khanya College
It is an independent non-governmental organisation based in Johannesburg, South
Africa. Established in 1986, the primary aim of Khanya College is to assist various
constituencies within working class and poor communities to respond to the
challenges posed by the forces of economic and political globalisation. The motto
of the organization is “Education for Liberation”. The Khanya College offices are
located at 123 Prichard Street, downtown Johannesburg.
Legal Resources Centre
The Legal Resources Centre (LRC) is a human rights organization based in South
Africa with offices in Johannesburg (including a Constitutional Litigation Unit),
Cape Town, Durban and Grahams town. The LRC employs over 65 lawyers
specializing in public-interest law.
Amnesty international
It is an international Nongovernmental organization which was started in 1961.
Peter Benenson an advocate wrote an article in the observer news paper and started
a campaign appeal for amnesty because two students who raised a toast for
independence were arrested; this was the reason for writing the article. At present
Irene Khan is the secretary general of the organization. Amnesty international have
over 2 million subscribers and supporters who fight for protection of human rights.

Cool Earth
It is a UK based international non-governmental organization that protects
endangered rainforest to combat global warming, protect ecosystems and provide
sustainable jobs for local people. Cool Earth also refers to a Japanese program
generally called the “Cool Earth Partnership,” inaugurated in 2007. Cool Earth
protects and secures rainforest under imminent threat of destruction, working with
other NGOs.
Human Rights Foundation
The Human Rights Foundation (HRF) is a non-profit organization whose stated
mission “is to ensure that freedom is both preserved and promoted” in the
Americas. [The Human Rights Foundation was founded in 2005 by Thor
Halverson. Its head office is in New York City, New York, USA. Its definition of
human rights focuses on the essential ideals of freedom of self-determination and
freedom from tyranny and the rights of property.

National level NGOs in India.

Ramakrishna Mission Home of Service:

It is an Indian non-governmental organization established in Varanasi , established

in 1900 and became a branch of Ramakrishna Mission in 1902. It manages an
education program on essential health problems in schools, slums and villages of
Uttar Pradesh (India) thanks to auto produced multimedia educational films.
People’s Union for Civil Liberties:

It is a prominent civil rights organization in India. It was formed in 1976 by

veteran socialist and campaign leader Jaya Prakash Narayan, who launched it as
the People’s Union for Civil Liberties and Democratic Rights (PUCLDR), it Was
originally intended to be an organization free from political ideologies, bringing
those concerned about defending civil liberties and human rights from different
backgrounds onto a common platform.

People’s Union for Democratic Rights:

It came into existence in 1976-77 as the Delhi unit of a larger national forum, and
became PUDR on 1 February, 1981.In the last two and a half decades of its
existence the organisation has taken up hundreds of instances of violations of
democratic rights, covering most parts of the country and involving the rights of
many sections of society. PUDR conducts investigations, issues statements,
distributes leaflets, organizes public meetings, demonstrations and dharnas, and
fights legal cases to highlight the violation of people’s rights, and to help towards
their redressal. PUDR also takes up issues of general importance that affect the
rights of people through general campaigns, publications and legal interventions.
These include: gender equality; rights of forest-dwellers and forest policy; working
class rights; agrarian conflict; caste oppression; deaths, rapes and torture in police
custody; and undemocratic legislation, in particular the various incarnations of the
‘terrorist act’ (TADA and POTA) etc.

Child Rights and You:

Rights and You (formerly Child Relief and You, till 2005), commonly abbreviated
as CRY is a non-profit organization in India that aims to restore children’s rights in
India. The organization was established in 1979. The organization partners with
grass-roots Nongovernmental organizations to uplift thousands of Indian children
denied basic children’s rights In 2007, its media campaign showing “smiling kids”
and asking citizens to partner instead of simple donate, was seen as departure from
stereotypical NGO sector advertising in India

Bandhua Mukti Morcha:

Bandhua Mukti Morcha (BMM) or Bonded Labour Liberation Front (BLLF) is a
non-governmental organisation in India working to end bonded labour. Based in
New Delhi, it was founded in 1981 by Swami Agnivesh who continues as its
chairman. Bonded labour was legally abolished in India in 1976 but it remains
prevalent, with weak enforcement of the law by state governments. Estimates of
the problem vary. Official figures include a 1993 estimate of only 251,000 bonded
labourers while BMM says there are 65 million bonded child labourers, and a
larger number of adults. A 2003 project by Human Rights Watch has reported a
major problem with bonded child labour in the silk industry, BMM’s efforts are
credited with the passing of legislation to abolish child labour in India (the Child
Labour (Prohibition and Regulation) Act 1986.