NAME: SATYAM SECTION B

ENROLLMENT NUMBER: 2019-098 DATE: 21/03/2022

MID SEMESTER EXAMINATION(6th SEMESTER HUMAN RIGHTS LAW)

Question 1

How would you justify the presence of Human Rights?

Answer 1

Human rights importance is directly linked with survival of people and a state. Now the question
arises how human rights affect every aspect of our lives. If we go into the literal meaning of
human rights then it translates into the basic rights and freedoms that belong to every person,
from birth until death. So,according to the basic definition human rights primarily comprises
basic rights and freedom which belongs to every person. Now,what are these basic rights and
freedom and why are they necessary to live? This is a question which shall come to our mind.

In India there is a very famous saying that in order to live,other than anything you need three
things which are food,clothes and shelter. These are some basic things which are required to live.
Now,if these things are controlled by someone,then a person who is under such control is
nothing more than just a pet of the person controlling it. We usually think about who can be
denied food,clothes or shelter. In the 1940’s,jews were denied food,shelter and clothes. So, what
we consider so basic for survival is so basic or ordinary for us because we have the freedom of
having these. We get things easily because we have the freedom to have those things and why do
we have freedom?;it is because we have a basic right to have these things.

Now we have human rights not as a subject in the world but as a requirement/necessity for the
survival of humans on this planet. If a person does not get something as basic as a piece of
cloth,then a person due to hot/cold/other extreme climate will die. So, not having the right or
freedom to have that piece of cloth comes with the price of a human life.
Now,these are the most basic things we have talked about.Now let's move to the question on how
human rights are important for governance of a state,growth of a state or before discussing this
we should first comment on how this is important for a basic social life a human leads after
which all these things like a state or governance comes. The process of a civilisation starts with
the formation of a society. Now in a society people interact with each other,form social
systems,etc. Now social interaction allows you to interact with any other member of the society
irrespective of caste,color,status,religion,creed,gender,etc. Now any form of restriction on these
social interactions shall amount to a violation of your right and freedom to socially interact with
any other member of the same social group you belong to. How the interaction might take place
is also your choice and that choice can also be said to be your right. Your choice to choose your
mate comes under these basic social rights of a society. The interaction with who you choose
could be in the form of a marriage and denial of that is also a denial of your basic social rights
you are entitled to in a society. Now,this is what LGBTQ is all about. The denial of basic rights
which they are entitled to.The importance of freedom to love cannot be understated. It is a basic
human right to be allowed to determine how one's sexual life will unfold. When you look at
nations where LGBT people are mistreated and abused, or where women are pushed into
marriages they don't want, the implications of not preserving this right are evident.

Now we all have seen a balance in our lives. If weights on both sides of the balance are equal
then the balance will maintain the state of equilibrium. Human rights in the weight which is
balancing or preventing the state from oppressing the citizens. These basic rights and freedom
helps us lead a life we want without someone dictating to us.When people are subjected to abuse
or corruption, the concept of human rights gives them the ability to speak out. Because no
society is perfect, certain rights, such as the right to assemble, are extremely important. The
concept of human rights empowers people by teaching them that they are entitled to dignity from
society, whether it be the government or their employment. If they do not get it, they have the
choice to stand.When the UDHR was released, it had two purposes: it provided a roadmap for
the future and it forced the world to admit that human rights had been abused on a huge scale
during WWII. Governments can be held accountable for their acts if there is a criterion for what
constitutes a human right. The UDHR and other human rights instruments are significant because
they have the capacity of identifying a wrong and pointing to a precedent.

From the Crusades to the Holocaust to modern-day terrorism in the name of religion, religious
violence and tyranny have occurred repeatedly throughout history. Human rights respects a
person's religious and spiritual views and allows them to exercise them in peace. Freedom from
religious belief is also a human right.

If people have the right to work and make a living, they can grow in society. Because they fail to
admit that the workplace may be discriminatory or merely restrictive, people are vulnerable to
abuse or lack of opportunity. Human rights gives a foundation for treating employees and
encourages equality.
Question 2

Comment critically on the encounters of Indian judiciary with human rights with at least two
very recent examples.

Answer 2

There is no doubt that the Indian Judiciary has been a savior of human rights in the past.But there
is also no denial of the fact that the judiciary have failed to do it in some cases.

Recently the Hon’ble Karnataka High Court had a question of law to decide. The question was
whether the institution prescribed uniforms would not allow the students to follow essential
religious practices. The facts of the case were that some students were not allowed in an
institution just because they were wearing hijabs which is a necessary and essential practice in
muslims. Now the court decided against the muslim students.The Hon’ble Karnataka High court
held that it is not an essential practice and the students are to mandatorily perform or act in the
manner the institution is asking them to.

Now this decision is a violation of Article 25 of the Indian constitution which gives the right to
religious practices and beliefs the stature of fundamental rights. Now,other than in violation of
Article 25 of the Indian constitution,it is also against the Shirur Mutt judgment passed by the
Hon’ble Supreme court in the year 1954. The judgment clearly observed that It would be
incorrect to suggest that religion is nothing more than a set of beliefs or a set of doctrines. A
religion may prescribe rituals and observances, ceremonies and modes of worship that are
viewed as important components of religion, and these forms and observances may extend even
to concerns of food and dress for its followers to accept.

If wearing hijabs is not allowed,how come sikhs are allowed to wear kada and turbans and how
come hindus are allowed to wear lockets and ring in the finger. They are allowed because the
Indian constitution allows them by giving these kind of essential practice,the stature of
fundamental rights.
We have heard a lot about the right to free and fair trial.Right to free and fair trial also includes
the right of matter being heard on time. If this is the case,then why recently the case of Aryan
Khan who was released under Bail by the Bombay high court was heard in such a short time. In
the case of Aryan Khan the only bail matter in relation to the NDPS act that the court has? The
courts just hear these high priorities.

However, in light of the recent Pegasus Project, which showed that thousands of people were
being watched, it is critical to re-evaluate and strengthen the frameworks that regulate
surveillance operations. As a developing country, India's absence of a comprehensive
surveillance framework and specific data privacy protections is a big problem.When it comes to
the establishing of Human Rights, the Indian judiciary has some limits. The court held that The
Human Rights Commission is just a fact-finding organization with no jurisdiction to adjudicate
on disputed facts or issue instructions for any party or government to obey. The findings of the
Commission are only meant to provide direction to the government.The Commission lacks the
ability to create special investigation teams to investigate and prosecute human rights violations.
The Human Rights Commission is expected to be completely self-contained. There is no
provision for independence, though.Unlike the Supreme Court and the High Courts, the
Commission is prohibited from investigating any case pending before a state human rights
commission or a human rights court, regardless of the seriousness of the topic at hand, as stated
in Section 36(1) of the Act.

Now only this recently in the case of Stan Swamy,we saw a grave violation of human rights
which to our shame,UNHRC took cognizance of. The court ordered the jail authorities to give
basic thighs like glasses to see and other thighs to Stan Swamy.The same was not given to him
by the jail authorities. Now jail authorities are at fault but it cannot be said that the courts are
also. It was the duty of the courts also that these basic human rights which Stan Swamy was
entitled to are provided to him and non fulfillment of these directions of the court are a failure of
the courts.There is no denial that the Indian Judiciary was unable to enforce these human rights
in the recent times.
But time and again the Indian judiciary has also been the protector of these human rights.Some
instances of the same are:

1. DK Basu vs state of West Bengal- This case laid down the basic rights of a person after
arrest.
2. The case of Radul Shah vs State of Bihar & Anr. and Nilabati Behara v State of
Assam & Ors laid down the provision of compensation for deprivation of fundamental
rights And for custodial death.
3. The Supreme Court in the recent case of KS Puttaswamy vs Union of India laid down
the importance of the right to privacy.
4.

So,it is not doubted that the Hon’ble Supreme court in the past has been a savior of Human rights
and there is also no denial of the fact that it has also failed in protecting the same in the recent
times.