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Q17) What is National Human Rights Commission? What are its two
functions?
Ans) The National Human Rights Commission or NHRC is a standalone entity
of the Government of India with the mission of promoting and protecting
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passage shall take place in conformity with the Convention and with other
rules of international law.
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Judgement:
In this case, the court found that there was no rule of international law
prohibiting Turkey from prosecuting Lieutenant Demons (Captain of France
Flag vessel). Therefore, Turkey was within its rights to bring charges against
Lieutenant Demons. This judgement established the Lotus principle or Lotus
approach, which is considered a foundation of international law. It states
that sovereign states may act in any way they wish so long as they do not
contravene an explicit prohibition.
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conventional law but on what is just and fair to the parties before it. The
International Court of Justice may decide cases ‘ex aequo et bono’ if the
parties agree thereto. This term is based upon the idea of ‘fundamental
fairness’ as a guideline principle in arbitration and other dispute settlement
processes. Provided that the parties expressly agree, it enables judges
and arbitrators to decide a case according to what ‘is fair (or equitable)
and good.
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➢ It can visit any prison/institute under the control of the state governments
to observe the living conditions of inmates. It can further make
recommendations based on its observations to the concerned authorities.
➢ NHRC can review the provisions of the Constitution that safeguard Human
Rights and can suggest necessary restorative measures.
➢ NHRC has the power to recommend suitable steps that can prevent
violation of Human Rights in India to both Central as well as State
Governments.
Q7) Compare International Law and Municipal Law, Explain the statement
“International Law is a true law.
Ans) In order to understand the relationship between International Law and
Municipal Law, it is important to understand the similarities as well as the
link between the two laws.
International Law in simple term is a set of rules that comes into action when
a minimum of two nation states interact. International Law is defined as a
body of principles & rules commonly observed by States in their mutual
relationship with each other.
Unlike International Law, Municipal Law also known as National Law of the
country applies within the domestic territory of a country.
The relationship between International Law and Municipal Law can be mainly
explained by two principal theories namely Monism and Dualism.
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The Monistic theory is a viewpoint that reduces all phenomena to one principle.
It is a philosophy that holds that reality is a unified whole and that all
existing things can be ascribed to or described by a single concept or system.
The monistic theory maintains that the subject of two systems of law, viz.,
International Law and Municipal Law are essentially one. Thus according to
this theory, International obligations and Municipal rules are facets of the
same phenomenon, both deriving ultimately the validity from one basic norm
and belonging to the unitary order comprised by the conception of law. The
Monistic Theory asserts that the National Law and Municipal Law are of the
same fundamental nature, and arise from the same unity of the science of
law, being manifestations of a single conception of law. Both the systems
have their origin in a ‘higher law’ founded on the principles of right and wrong.
In the context of international law, the Dualistic theory advocates that
International Law and Municipal Law are two separate systems, each having
its own set of rules and principles. According to this theory, the rules of
International Law and Municipal Law operate independently of each other.
Under a dualist model, there is a dichotomy between international legal
obligations that states as sovereigns agree to recognize in their foreign
relations, and domestic legal rules that are binding in internal relationships
between the state and its citizens or subjects. Dualists emphasize the
difference between national and international law, and require the
transposition of the latter into the former.
In practice, many states are partly monist and partly dualist in their actual
application of international law in their national systems. However, a dualist
system requires consistent screening of all ensuing national law for possible
in congruence with earlier International law. Each state chooses for itself,
as per its legal customs.
Thus, after analysing above two theories, certain differences can be observed
between International law and Muncipal law as under:
Sources of Law: International law derives from the collective will of States,
while municipal law is specific to each state.
Subjects: The subjects of international law are the States themselves, while
municipal law deals with the relationship between individuals and their
organization within a state.
Subject Matter: International law focuses on the relations between states,
while municipal law governs the domestic aspects of government and deals
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with issues between individuals, and between individuals and the administrative
apparatus.
Supremacy: International law is supreme in nature as it represents a legal
order which is higher than Municipal laws. However, in case of conflict
between international and municipal law, a national court would apply municipal
law.
In summary, while international law is applicable to state relations and other
international law topics, national or state law, also known as municipal law, is
applied within a state to the persons and corporate bodies that bear rights
and obligations under it.
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g) Coming into Force: The treaty comes into force after it has been ratified
by a certain number of states.
h) Reservation: Term reservation refers to the exclusion of some areas of
the treaty. Any Member State can take a formal Reservation on any part
of the treaty text, which effectively means it is not obliged to apply that
part of the treaty.
Few important international Treaties:
➢ United Nations Charter: This treaty established the United Nations (UN)
and is considered the foundation of modern international law. It was signed
on in June 1945 and called for the UN to maintain international peace
and security, promote social progress and better standards of life,
strengthen international law, and promote the expansion of human rights.
➢ Universal Declaration of Human Rights: This is a non-binding declaration
adopted by the UN General Assembly in 1948 that sets out a common
standard of human rights for all people and nations.
➢ Constitution of the World Health Organization: Signed in 1946, this treaty
established the World Health Organization (WHO) and sets out its
functions and structure.
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is required. This theory is of the view that only after recognition a state
gets the status of an international person and becomes a subject to
international law. So, even if an entity possesses all the
characteristics/attributes of a state, it does not get the status of an
international person unless recognised by the existing states.
Drawbacks/defects of Constitutive Theory:
The constitutive theory suffers from certain defects which are as under:
➢ When a State comes into possession of all the attributes of statehood, it
is not necessary that its existence is recognized by other States
simultaneously. The timing of recognition may be different from one State
to another. It therefore always happens that at a particular time a State
has been recognized by some States only. The acceptance of the
constitutive theory would mean that a State exists for some States and
does not exist for others.
➢ Recognition is a political act of a State. If this theory is accepted, it
would mean that the fate of the new State would be determined by other
States. It is not desirable to give discretionary rights to the existing
States, whose acts are guided not by any legal norms, to decide the status
of the new entity.
➢ Recognition has a retrospective effect. In other words, when a new State
is recognized by other States, the latter is regarded to have recognized
all the acts of the former from the date of its establishment. It follows
that a State at the time of granting recognition to a new State accepts
that it has come into existence prior to its recognition. It implies again
that a State exists prior to its recognition.
These drawbacks have led to the development of the Declaratory Theory of
state recognition, which is detailed as under:
Declaratory Theory: This theory holds that a state exists even without
recognition, which is merely an acknowledgment of an existing
situation. According to this theory, an entity is a state as soon as it fulfils
the criteria for statehood, regardless of whether it has been recognized by
other states. The act of recognition is therefore a declaration of an existing
fact that an entity possesses the essential attributes of statehood. A State
may exist without being recognized, and if it does exist in fact, then, whether
or not it has been formally recognized by other States, it has a right to be
treated by them as a State. The advocates of this theory have therefore
reduced the importance of recognition by saying that recognition is necessary
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only because it enables new States to enter into official intercourse with
other States.
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Doctrine. This doctrine holds that there are certain basic features of the
Constitution that are meant to be held sacrosanct and cannot be altered or
modified. The doctrine aims to preserve the most fundamental ideals of the
Constitution while acting as a check on the powers of the government to make
laws that may distort or remove these basic principles.
This judgement in Kesavananda Bharati case indirectly contributes to the
implementation of international human rights standards in India. The ‘Basic
Structure Doctrine’ ensures that the fundamental rights of citizens, many of
which align with international human rights standards, cannot be taken away
or altered significantly by any amendment to the Constitution. This indirectly
helps in the implementation of international conventions related to human
rights in India, as it ensures that the basic human rights enshrined in the
Constitution are preserved and protected.
The M.C. Mehta vs Union of India case, also known as the Oleum gas leakage
case or the Shriram Food and Fertiliser case, is a landmark judgement in
India’s environmental law. The case is significant for several reasons:
Recognition of Right to a Clean Environment: The case recognized the right
to a clean and healthy environment as a fundamental right under the
Constitution of India. This aligns with various international conventions that
recognize the right to a healthy environment, such as the United Nations’
Universal Declaration of Human Rights and the International Covenant on
Economic, Social and Cultural Rights.
Establishment of the Principle of Absolute Liability: The Supreme Court of
India established the principle of ‘Absolute Liability’ in this case. This
principle states that any industry involved in hazardous activities that causes
harm to the environment or the people through any accident would be held
absolutely liable. This principle aligns with the ‘Polluter Pays Principle’
recognized in international environmental law, which states that the party
responsible for producing pollution should bear the costs of managing it to
prevent damage to human health or the environment.
In these ways, the M.C. Mehta vs Union of India case has contributed to
the implementation of international conventions related to environmental
protection and human rights in India.
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Q12) What is United Nations Convention for the Law of the Sea? What are
its features?
Ans) UNCLOS stands for the United Nations Convention for the Law of the
Sea. It is also known as the Law of the Sea. It is an international agreement
or treaty which establishes rules and guidelines for using the world’s oceans
and seas, so as to use and conserve marine resources and to secure the
preservation and protection of all the living beings of the sea. The treaty
was signed in December 1982 in Montego Bay, Jamaica.
The United Nations Convention on the Law of the Sea (UNCLOS) has several
key features:
a) Comprehensive Framework: UNCLOS provides a comprehensive regime of
law and order in the world’s oceans and seas, establishing rules governing
all uses of the oceans and their resources.
b) Maritime Zones: It divides marine areas into five main zones: Internal
Waters, Territorial Sea, Contiguous Zone, Exclusive Economic Zone (EEZ),
and the High Seas.
c) Objectives: The objectives of UNCLOS are to promote the peaceful use
of the seas and oceans, facilitate international communications, enable
equitable and efficient utilization of ocean resources, protect and preserve
the marine environment, and promote maritime safety.
d) Legislation: States may enact legislation concerning the safety of
navigation, pollution prevention, uncontrolled fishing activities, customs,
immigration, health, and sanitary arrangements.
e) Right to Transit Passage: Transit passage is allowed for ships through the
state.
f) UNCLOS is a comprehensive international agreement that establishes
guidelines for businesses, the environment, and the management of marine
natural resources.
Role of UNCLOS in bringing peace and harmony in the world:
The United Nations Convention for the Law of the Sea (UNCLOS) plays a
significant role in maintaining international maritime peace and harmony. Here
are some ways how it contributes to peace and harmony:
a) Regulatory Framework: UNCLOS provides a regulatory framework and
guidelines for using the world’s oceans and seas. It aims to use and
conserve marine resources and ensure the preservation and protection of
all the living beings of the sea.
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matters within its territory. However, unlike the territorial sea, the
contiguous zone only gives jurisdiction to a state on the ocean’s surface and
floor. It does not provide air and space rights.
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➢ Freedom of navigation
➢ Freedom of overflight
➢ Freedom to lay submarine cables and pipelines
➢ Freedom to construct artificial islands and other installations
➢ Freedom of fishing
➢ Freedom of scientific research
Jurisdiction: On the high seas, ships are subject to the flag states’
exclusive jurisdiction. Thus, only the flag state of the vessel has
jurisdiction over that vessel.
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➢ Some environmental groups have claimed that the protocol does not go far
enough to address the root causes of climate change or to promote
renewable energy sources.
In order to extend the Kyoto Protocol beyond its first commitment period
(2008-2012), a new amendment was adopted in Doha, Qatar, in 2012. The
amendment entered into force in 2020 and sets new emission reduction
targets for 37 parties for a second commitment period. The Kyoto Protocol
is considered a landmark agreement in the history of international
environmental cooperation. It has contributed to raising awareness about
climate change and its impacts, as well as stimulating innovation and
investment in low-carbon technologies.
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Judgement:
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➢ After hearing oral arguments from both parties and examining evidence
submitted by them, the ICJ issued its first judgment on this issue. The
Court concluded that the North Corfu Channel should be considered as
belonging to the class of international highways through which an innocent
passage does not need special approval and cannot be prohibited by a
coastal State in time of peace. The Court found that Albania was
responsible under international law for causing damage and loss of life to
British ships by laying or allowing mines in its waters without any
authorization or justification. Although it did not accept the view that
Albania had itself laid the mines or granted permission to another entity,
it held that the mines could not have been laid without the knowledge of
the Albanian Government according to the principle of state responsibility.
➢ Court found that the minesweeping had violated Albanian sovereignty,
because it had been carried out against the will of the Albanian
Government.
➢ In a third Judgment, rendered on 15 December 1949, the Court assessed
the amount of reparation owed to the United Kingdom and ordered Albania
to pay £844,000.
Q20) Explain the role of NGO on protection of Human Rights in India?
Ans) NGOs, or non-governmental organizations, are private entities that work
to promote the interests of the poor, provide social services, and undertake
community development. NGOs play a vital role in the protection of human
rights in India, as they work on various issues such as child labour, right to
education, health, trafficking of women and children, food security,
disappearance of persons, violation of human rights in prisons and the disabled
etc.
Role of NGO in women empowerment:
➢ Training & Skill Development - NGOs train poor women and provide them
opportunities of self-employment to improve their social and economic
status. They also cultivate the habit of thrift and credit among the poor
women to improve their quality of life.
➢ Legal Awareness and Property Rights - NGOs are working with women to
generate awareness regarding their legal rights. They also provide loan
facilities to buy land in groups.
➢ Fair Trade - Fair trade is a relative term and is about giving poor people
power. NGOs help to cut down on the middlemen and ensure producers get
a fair price for their work. They act as facilitators in this process.
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infant. NGOs work on reducing newborn deaths by (a) Making people aware
of what they need to do during pregnancy and immediately after it; (b)
Building an ecosystem that supports infant survival and health. Training
NGO workers to provide immediate healthcare assistance needed by
pregnant females, new mothers, and newborn children. Promoting the
implementation of policies that offer better healthcare to infants and
moms. Giving better access to nutrition and supporting public health.
Apart from above, NGO’s are also active in development of youth, protection
of senior citizen rights; facilities for physically/mentally disabled people.
Thus, NGO’s play active role in protection of various human rights of people
in India falling under various segments.
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Court in the case of in Khatri(II) v. the State of Bihar has held that the
state is under a constitutional obligation to provide free legal aid to an
indigent accused person as is implicit in Article 21 of the Constitution.
g) Right against self-incrimination: The arrested person has the right against
self-incrimination. The right against self-incrimination is a legal principle
that grants individuals the right to refuse to answer questions or provide
evidence that could be used to incriminate themselves in a criminal
case. This right is often referred to as the privilege against self-
incrimination or the right to remain silent. In India, the right against
self-incrimination is provided under Article 20 (3) of the Constitution. It
states that 'No person accused of an offence shall be compelled to be a
witness against himself.
h) Right to be examined by a registered medical practitioner: If the arrested
person requests for a medical examination, he has the right to be examined
by a registered medical practitioner. When any person is arrested, he
shall be examined by a medical officer in the service of Central or State
Government, and in case the medical officer is not available, by a
registered medical practitioner soon after the arrest is made. If the
arrested person is a female, the examination of the body shall be made
only by or under the supervision of a female medical officer, and in case
the female medical officer is not available, by a female registered medical
practitioner.
i) No detention for more than 24 hours: An arrested person must be brought
before a magistrate immediately. If the police officials fails to produce
an arrested person before a magistrate within 24 hours of the arrest,
the police officials shall be held guilty of wrongful detention
These rights are designed to protect the fundamental rights of the arrested
person and to ensure that the law enforcement authorities follow due process
of law while dealing with persons accused of committing a crime.
Q22) Do you think India should abolish capital punishment? Justify your
opinion.
Death penalty or capital punishment is the highest degree of punishment that
can be awarded to an individual under any penal law in force in any part of
the world. In 2007, the UN General Assembly passed a resolution calling for
a moratorium on the administration of the death penalty by the 59 countries
that still retained it. India is one of them, even if it does not employ it as
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frequently as countries such as Iran, China, Pakistan, Saudi Arabia, and the
U.S.
Arguments in favour of abolishing of capital punishment:
a) Execution of innocent people: Innocent individuals have been executed in
the past and will continue to be executed in the future. No matter how
advanced a legal system is, it will always be vulnerable to human errors.
b) Inhuman: Human rights and dignity are incompatible with the death
penalty. The death sentence is a violation of the right to life, which is
the most fundamental of all human rights. Furthermore, the death penalty
degrades the basic dignity of every human being.
c) Other Justifications: India is in a minority on death penalty as 140
countries have abolished it. Mercy powers have failed to act as the final
safeguard against miscarriage of justice. There is no conclusive evidence
that capital punishment deters crime more effectively than other
punishments.
Arguments against abolishing of capital punishment:
a) Prevention of future crimes - It will prevent future offences. Future
crimes may be discouraged by imposing the worst punishment for the
most terrible of offences. This has a profound effect on human
psychology.
b) Ensuring Justice - The death penalty ensures that justice is served.
The Preamble to the Indian Constitution aims to achieve, among other
things, justice for all Indian citizens.
c) Judicial Reasoning - It is not imposed arbitrarily. The death sentence
in India is not imposed on the basis of no evidence or without any logic
or reasoning. In India, capital punishment is only applied in the rarest
of circumstances for the most heinous of crimes.
d) Human Rights - Under the guise of human rights, a convicted criminal’s
potential threat to society cannot be avoided. Furthermore, it would
not be correct to grant “human” rights to criminals who have lost any
sense of humanity.
Conclusion
In my opinion, capital punishment in India should not be abolished. For years,
capital punishment has been a contentious issue not only on a worldwide level
but also on a national level in India. It shall help to curtail the terrorism in
India, Even the Law Commission of India has favored retaining the death
penalty, citing it as necessary for the maintenance of law and order. As the
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Situational Questions:
Q1) Ram was an under trial handcuffed during transit between the jail and
the court for the trial of his case (i) Which constitutional right of Mr. Ram
was violated (ii) Write relevant case and explain the decision of the court?
Ans) (i) According to the Supreme Court of India, the use of handcuffs on
an under-trial prisoner during transit between the jail and the court for the
trial of his case violates his fundamental right under Article 21 of the
Constitution, which guarantees the right to life and personal liberty.
(ii) One of the relevant court cases that dealt with this issue is Prem Shankar
Shukla vs Delhi Administration, which was decided by a five-judge bench of
the Supreme Court. In this case, Mr. Shukla, who was an under-trial prisoner
in Tihar Jail, filed a writ petition challenging the use of handcuffs on him by
the police during his transit from jail to court and back. He argued that
handcuffs violated his human dignity and amounted to torture. The Supreme
Court agreed with him and declared that handcuffs are an arbitrary,
unreasonable, and unconstitutional practice that must be stopped forthwith.
The court also directed that any person who is arrested or detained should
be treated with respect and dignity at all times. The court held that
handcuffs are a form of dehumanization and humiliation that degrade the
dignity and self-respect of a person.
Q2) A mail steamer flying a French flag and a Turkish Vessel collided in
the high Seas. The Turkish Vessel sank of 7 persons were killed. The French
steamer proceeded in its voyage and entered Turkish – waters. Here, the
captain was arrested. He was punished. The French Government challenged
the jurisdiction of Turkey in punishing the captain. The case was decided (i)
What do you mean by High Sea? (ii) What is the name of the case and which
court decided the case?
Ans) The High Seas, as per the United Nations Convention on the Law of the
Sea (UNCLOS), are defined as "all parts of the sea that are not included in
the (a) exclusive economic zone, (b) in the territorial sea or (c) in the internal
waters of a state, or in the archipelagic waters of an archipelagic states.
The ocean surface and the water column beyond the EEZ are referred to as
the high seas. It is considered as “the common heritage of all mankind” and
is beyond any national jurisdiction. States can conduct activities in these
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areas as long as they are for peaceful purposes, such as transit, marine
science, and undersea exploration.
The high seas are open to all states, whether coastal or landlocked. This
freedom includes:
➢ Freedom of navigation
➢ Freedom of overflight
➢ Freedom to lay submarine cables and pipelines
➢ Freedom to construct artificial islands and other installations
➢ Freedom of fishing
➢ Freedom of scientific research
Jurisdiction: On the high seas, ships are subject to the flag states’ exclusive
jurisdiction. Thus, only the flag state of the vessel has jurisdiction over that
vessel.
(b) The name of the popular case is Lotus Case. The lotus case was decided
by Permanent Court of International Justice. The lotus case concerns the
criminal trial between France and Turkey, where the clash between these two
countries' vessels took place in the high sea on 2 August 1926. The case was
accepted and the decision was made by the permanent court of international
justice. The two issues of the case are as under:
i) Did Turkey violate international law when Turkish courts exercised
jurisdiction over a crime committed by a French national, outside Turkey?
ii) If the reply is yes, what economic and financial compensation should be
made to Mr. Demons, in relation to the international law, if Turkey is
found to infringe these principles?
Judgement:
In this case, the court found that there was no rule of international law
prohibiting Turkey from prosecuting Lieutenant Demons (Captain of France
Flag vessel). Therefore, Turkey was within its rights to bring charges against
Lieutenant Demons. This judgement established the Lotus principle or Lotus
approach, which is considered a foundation of international law. It states
that sovereign states may act in any way they wish so long as they do not
contravene an explicit prohibition.
Q3) A 22 year boy old boy who was detained in connection to the missing
of a minor girl in OP state was found hanging from a three fit pipe using a
hood draw string in the toilet. Is there a violation of any fundamental human
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rights? (a) Identify and explain. (b) How can NHRC help the family of the
deceased to get compensation.
Ans a) Based on the information provided, it appears there may be potential
violations of fundamental human rights. However, it’s important to note that
a thorough investigation would be necessary to confirm any violations. Some
of the potential issues are as under:
i) Right to Life and Personal Liberty (Article 21 of the Indian Constitution):
Every person has the right to life and personal liberty. If the boy was
not provided with adequate protection while in custody, leading to his
death, it could be seen as a violation of this right.
ii) Protection from Cruel, Inhuman, or Degrading Treatment or Punishment
(Article 5 of the Universal Declaration of Human Rights): If the conditions
of his detention were such that they led to his death, it could potentially
be seen as a violation of this right.
iii) Right to a Fair Trial (Article 10 of the Universal Declaration of Human
Rights): If the boy was detained without being charged or given a fair
trial, it could be seen as a violation of this right.
iv) Presumption of Innocence (Article 11 of the Universal Declaration of
Human Rights): Every person charged with a penal offence has the right
to be presumed innocent until proven guilty according to law in a public
trial at which he has had all the guarantees necessary for his defence.
If the boy was treated as guilty without a proper trial, it could be seen
as a violation of this right.
These are potential issues based on the information provided and actual
determination of human rights violations would require a thorough investigation
by appropriate authorities.
b) The National Human Rights Commission (NHRC) of India can play a
significant role in helping the family of the deceased to get compensation:
i) Investigation: The NHRC can conduct an investigation into the incident.
If it finds that there has been a violation of human rights, it can
recommend that the concerned government or authority pay
compensation to the victim’s family.
ii) Recommendation for Compensation: The NHRC can recommend the
payment of compensation to the victim’s family if it finds that the
victim’s human rights were violated.
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Q4) The closure of many small scale industries during pandemic is resulting
into loss of job to the daily wage workers who worked in this small scale
industries. Many labourers and their family members are facing acute
starvation in many times resulting into death. (a) which human rights of
labourers are violated in the above case. (b) what can be done to improve
the human rights conditions of the labourers in above context.
Ans a) The situation described in the question involves several potential human
rights violations. Here are some of the key rights that may be impacted:
i) Right to Work: The closure of small scale industries and subsequent job
losses violate the right to work, which is a fundamental human right
recognized in several international legal instruments.
ii) Right to an Adequate Standard of Living: This includes the right to food
and the right to be free from hunger. If workers and their families are
facing starvation, this right is being violated.
iii) Right to Social Security: If the workers are not receiving any form of
financial aid or support after losing their jobs, their right to social security
could be considered violated.
iv) Right to Health: The mental and physical stress caused by job loss and
financial insecurity can have serious health implications, potentially
violating the right to health.
v) Right to Non-Discrimination: If the closures disproportionately affect
certain groups (for example, based on race, gender, or socioeconomic
status), it could be a violation of the right to non-discrimination.
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It’s important to note that states have an obligation under international human
rights law to respect, protect, and fulfill these rights, and they must take
steps to mitigate the negative impacts of the pandemic on these rights.
b) The following can be done to improve the human rights conditions of the
labourers in above context.
Improving the human rights conditions of labourers, particularly those
affected by the closure of small-scale industries involves multi-faceted
approaches:
i) Government Policies: Governments can implement policies to provide
financial aid or stimulus packages to small-scale industries, which can help
them survive economic downturns and prevent job losses.
ii) Unemployment Benefits: Governments can also provide unemployment
benefits or direct cash transfers to workers who have lost their jobs due
to the pandemic.
iii) Skill Development Programs: Governments and NGOs can organize skill
development programs for these workers, which can help them find jobs
in other industries.
iv) Labour Rights: Ensuring that labour rights are respected is crucial. This
includes fair wages, safe working conditions, and the right to form or join
trade unions.
v) Legal Aid: Providing free legal aid to workers who have been unfairly
treated can also help protect their rights.
vi) Awareness Programs: Conducting awareness programs about workers’ rights
can empower them to stand up against exploitation.
vii) International Cooperation: Countries can work together to establish
international labour standards and ensure they are enforced.
viii) Corporate Social Responsibility: Companies can be encouraged to take
up CSR initiatives that focus on the welfare of workers.
ix) NGO Initiatives: NGOs can play a significant role in providing relief to
affected workers, from distributing food and essentials to helping them
find new job opportunities.
Thus it can be observed from above that improving the human rights
conditions of labourers requires the collective effort of governments,
businesses, NGOs, and society at large.
Q5) In recent times there have been ceasefire violation along the India –
Pakistan border on many occasions resettling into loss of life of army men
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and civilians. i. What are the result of such ceasefire violations under
International Law? ii. What are the rights of affected states in such
situations?
Ans) A ceasefire is like a pause button in a conflict or war. It’s when the
countries or groups involved agree to stop fighting for a while. This break in
fighting can be used for various reasons like helping injured people, talking
to each other to find a peaceful solution, or just to prevent more violence.
However, maintaining a ceasefire can be tough because trust issues, past
violations, or new threats can lead to more fighting.
The result of ceasefire violations under international law depends on the
nature and extent of the violations, as well as the applicable rules and
principles. Generally speaking, ceasefire violations can have negative
consequences for both the parties involved and the international community.
Some of these consequences are:
➢ Loss of lives and injuries: Ceasefire violations can cause death and injury
to civilians, soldiers, and other participants, as well as damage to civilian
infrastructure and property. This can create humanitarian crises, increase
suffering, and undermine trust and confidence between the countries.
➢ Escalation of violence: Ceasefire violations can trigger a cycle of
retaliation, provocation, and escalation that can lead to further hostilities,
military operations, or even a full-scale war. This can pose serious threats
to regional and global security, stability, and peace.
➢ Breach of commitments: Ceasefire violations can undermine the credibility
and effectiveness of ceasefire agreements or arrangements that aim to
end an armed conflict or prevent its outbreak. This can erode the political
will and commitment of the parties to pursue a peaceful resolution of their
disputes through dialogue and negotiation.
➢ Violation of human rights: Ceasefire violations can violate various human
rights norms and standards that are relevant for armed conflict situations,
such as the right to life, liberty, security, dignity, fair trial, humanitarian
access, protection from torture or ill-treatment, etc. This can expose the
parties to accountability mechanisms at national or international levels.
Rights of affected States:
The rights of states affected by ceasefire violations are determined by
international law and can vary based on several factors. Here are some
general rights that affected states typically have:
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Q6) Nepal is a land locked state which has no access to sea. There are
several such other states in the world that are land locked states.
a) Do the land locked states enjoy free access to the sea? Explain.
b) What terms is used for the state which allows its territory to be used by
the landlocked states?
c) What is land locked state?
Ans a) Yes, landlocked states do have rights to access the sea. These rights
are outlined in various international conventions and agreements. The United
Nations Convention on the Law of the Sea (UNCLOS) 1982, for instance,
provides rights for landlocked states on the sea. More importantly, the
convention provides them with the right of access to and from the seas and
freedom of transit. However, the law makes such rights subject to the
agreements to be made by landlocked and transit states.
This means that landlocked countries have the right to access and use the
sea for trade purposes. Coastal states have the obligation to provide
landlocked countries with reasonable and non-discriminatory access to the
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ii) The case of Nargis Mirza vs. Air India, officially known as “Air India
vs. Nergesh Meerza”, was a landmark case in India that dealt with gender
discrimination in employment. The case challenged Regulations 46 and 47 of
the Air India Employees Service Regulations, which created a substantial
degree of disparity between male and female employees. The regulations
imposed different retirement ages for male and female employees and allowed
for the termination of the services of air hostesses in cases of pregnancy or
marriage. The retirement age for air hostesses was 35 years, as opposed to
58 for their male counterparts. The Supreme Court of India, after hearing
arguments from both parties, ruled that the clauses regarding retirement and
pregnancy were unconstitutional and ordered for them to be struck down with
immediate effect. Furthermore, Regulation 47 of the Air India Employees
Service Regulations was also struck down, as it was found to suffer from
excessive delegation of powers without any reasonable guidelines. It
highlighted the importance of equality in employment and set a precedent for
future cases involving similar issues.
b) In order to incorporate the above observations, Government of India made
various provisions/ various laws for protection of women rights which inter-
alia includes:
➢ Women’s Reservation Bill: The Parliament passed the Women’s Reservation
Bill, also known as the Constitution (128th Amendment) Bill. This landmark
legislation reserves 33% of seats in the Lok Sabha, state assemblies, and
National Capital Territory of Delhi for women. The reservation will be
effective after the census conducted after the commencement of this Bill
has been published.
➢ Other initiatives like passing of prevention of sexual harassment at
workplace (POSH) Act, Beti Bachao Beti Padao Yojana, Mahila Shakti
Kendra, Rashtriya Mahila Kosh, Pradhan Mantri Matru Vandana Yojana,
Deen Dayal Upadhyay National Urban Livelihoods Mission (DAY-NULM
which is a mission focusing on creating opportunities for women in skill
development, leading to market-based employment, providing mandatory
maternity benefits under special legislation, special legislations for womens
working in mines, beedi and cigar industry etc, passing of prevention of
sexual
Thus it is observed that government is having number of initiatives for
benefit of women and the same are increasing through more awareness.
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Q8) The Closure of many tea gardens in the state of Assam is resulting into
loss of job to the daily wage workers who worked in these tea gardens. Many
labourers and their family members are facing acute starvation many a times
resulting into deaths.
i. Which rights of labourers are violated in the above case?
ii.What are your suggestions to improve the condition of laborers in above
situation.
Ans) The situation described in the question involves several potential human
rights violations. Here are some of the key rights that may be impacted:
i) Right to Work: The closure of small scale industries and subsequent job
losses violate the right to work, which is a fundamental human right
recognized in several international legal instruments.
ii) Right to an Adequate Standard of Living: This includes the right to food
and the right to be free from hunger. If workers and their families are
facing starvation, this right is being violated.
iii) Right to Social Security: If the workers are not receiving any form of
financial aid or support after losing their jobs, their right to social security
could be considered violated.
iv) Right to Health: The mental and physical stress caused by job loss and
financial insecurity can have serious health implications, potentially
violating the right to health.
v) Right to Non-Discrimination: If the closures disproportionately affect
certain groups (for example, based on race, gender, or socioeconomic
status), it could be a violation of the right to non-discrimination.
The following can be done to improve the human rights conditions of the
labourers in above context.
Improving the human rights conditions of labourers, particularly those
affected by the closure of small-scale industries involves multi-faceted
approaches:
i) Government Policies: Governments can implement policies to provide
financial aid or stimulus packages to small-scale industries, which can help
them survive economic downturns and prevent job losses.
ii) Unemployment Benefits: Governments can also provide unemployment
benefits or direct cash transfers to workers who have lost their jobs due
to the pandemic.
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iii) Skill Development Programs: Governments and NGOs can organize skill
development programs for these workers, which can help them find jobs
in other industries.
iv) Labour Rights: Ensuring that labour rights are respected is crucial. This
includes fair wages, safe working conditions, and the right to form or join
trade unions.
v) Legal Aid: Providing free legal aid to workers who have been unfairly
treated can also help protect their rights.
vi) Awareness Programs: Conducting awareness programs about workers’ rights
can empower them to stand up against exploitation.
vii) International Cooperation: Countries can work together to establish
international labour standards and ensure they are enforced.
viii) Corporate Social Responsibility: Companies can be encouraged to take
up CSR initiatives that focus on the welfare of workers.
ix) NGO Initiatives: NGOs can play a significant role in providing relief to
affected workers, from distributing food and essentials to helping them
find new job opportunities.
Thus it can be observed from above that improving the human rights
conditions of labourers requires the collective effort of governments,
businesses, NGOs, and society at large
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