KRISHNA INSTITUTE OF LAW

(Approved by BCI affiliated to CCSU, Meerut)

NH-24, Jindal Nagar, Ghaziabad-201002
Phone no- +9643031960, 9643028427

Subject - Law of Human Rights

LL.B. – 6th Sem
Meaning of Human Rights
They are regarded as those fundamental and inalienable rights which are
essential for life as a human being. Since these rights belong to human beings
because of their very existence, they become operative with their birth. Human
rights being the birth right are therefore, inherent in all the individuals
irrespective of their caste, creed, religion, sex and nationality.
All those rights which are essential for the protection and maintenance of
dignity of individuals and create conditions in which every human being can
develop his personality to the fullest extent may be termed as human rights.
These are the rights which no one can be deprived without a grave affront to
justice.
Characteristic of human rights
1. Human rights are universal

Human rights are those rights that are given to a person as soon as
he/she is born. These rights are universal. It doesn’t matter the tribe, religion
of sex of the person.

2. Human rights are inalienable and immutable

Aside from the facts that human rights are universal, they are also
inalienable and immutable. Many political philosophers are of the opinion
that human rights are given by God to everyone, and as such, they should

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not be taken or changed by anyone. They are seen as inherent rights that
cannot be taken away from a person.
Even in a military regime, where the state is ruled by dictators, the
fundamental human rights of citizens are not actually taken away.

The rights are only covered by decrees and edits made by the military. Thus,
except where a person commits a crime, his human rights cannot be breached
or limited by anyone.

3. Human rights are Indivisible and interrelated

This is a popular paradigm associated with human right. It says that all human
rights are related and for one to be ensured, the government must protect
others too.

Instance, if the government wants to protect the right to life, they have to
ensure that citizens have good shelter, food and good environment to live in.

Accordingly, for the right to fair hearing to be protected, the rights to access
the court must be ensured.

Human rights are indeed indivisible and interrelated. They cannot be totally
separated from each other.

4. Human rights are inherent

Human rights are not given by the government through its legislation or any
other person. They are rights that are inherent in a person by virtue of the fact
that he is a human being.

5. Human rights are protected by the court of law

Another characteristics of human rights is that, they are protected by the

court of law. This is one of the core responsibility of the court in a state.
It is truism that many states have sections in their constitution that enjoins the
court, which is the judiciary arm of the government, to protect the fundamental
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human rights of citizens when they are breached. This is why the right of fair
hearing is not joked with by any court.

6. Human rights are enforceable

Unlike the Fundamental objectives and directive principles of state,

human rights are enforceable. If there is a breach of any of the fundamental
human rights of a citizens by any person or government, action can be brought
against the defendant (s) in court.

Human rights are recognized by the law and that is why the constitution of
many countries of the world today, protect the fundamental human rights of
their citizens.

Classification of Human Rights

1. Natural Rights: Natural rights are those rights which are inherent and
integral to human nature. In fact, every individual by nature is given an
individual property of his own which cannot be taken away by any
authority. Such rights include intellectual rights, rights of the mind.
2. Moral Rights: These rights are based on the general principles of fairness
and justice.
Example- the mother of a family might complain that she has the right to
be consulted about what is going on in her family. In this case, she is
applying the principle that parents are entitled to be consulted when
family decisions affect the members.
3. Fundamental Rights: There are certain rights which are more important
and basic than the others. For example, right to life is the most basic of all
rights upon which the enjoyment of other rights depend.
4. Legal Rights: Legal rights are otherwise known as positive right. These
rights are laid down in law. They are also guaranteed and protected by
the law of the State.

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 5. Civil and Political Rights: Rights that are granted by government or civil
society are called civil and political rights. These rights provide the basis
for the fulfillment of elementary conditions of the social life.
6. Economic, Social and Cultural Rights: These are entitlements of the
individual vis-a-vis the state, in order to eradicate social inequality,
economic imbalances and to limit disadvantages caused by nature, age.
These rights, however, are bestowed by the state.
Importance of Human Rights

1: Human rights ensure people have basic needs met

Everyone needs access to medicine, food and water, clothes, and shelter.
By including these in a person’s basic human rights, everyone has a baseline
level of dignity. Unfortunately, there are still millions of people out there who
don’t have these necessities, but saying it’s a matter of human rights allows
activists and others to work towards getting those for everyone.

2: Human rights protect vulnerable groups from abuse

The Declaration of Human Rights was created largely because of the
Holocaust and the horrors of WII. During that time in history, the most
vulnerable in society were targeted along with the Jewish population, including
those with disabilities and LGBT. Organizations concerned with human
rights focus on members of society most vulnerable to abuse from
powerholders, instead of ignoring them.
3: Human rights allow people to stand up to societal corruption
The concept of human rights allows people to speak up when they
experience abuse and corruption. This is why specific rights like the right to
assemble are so crucial because no society is perfect. The concept of human
rights empowers people and tells them that they deserve dignity from society,
whether it’s the government or their work environment. When they don’t
receive it, they can stand up.

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4: Human rights encourage freedom of speech and expression

While similar to what you just read above, being able to speak freely
without fear of brutal reprisal is more expansive. It encompasses ideas and
forms of expression that not everybody will like or agree with, but no one
should ever feel like they are going to be in danger from their government
because of what they think. It goes both ways, too, and protects people who
want to debate or argue with certain ideas expressed in their society.
5: Human rights give people the freedom to practice their religion (or not
practice any)
Religious violence and oppression occur over and over again all across
history, from the Crusades to the Holocaust to modern terrorism in the name
of religion. Human rights acknowledges the importance of a person’s religion
and spiritual beliefs, and lets them practice in peace. The freedom to not hold
to a religion is also a human right.
6: Human rights allows people to love who they choose
The importance of freedom to love cannot be understated. Being able to
choose what one’s romantic life looks like is an essential human right. The
consequences of not protecting this right are clear when you look at countries
where LGBT people are oppressed and abused, or where women are forced
into marriages they don’t want.

7: Human rights encourage equal work opportunities

The right to work and make a living allows people to flourish in their
society. Without acknowledging that the work environment can be biased or
downright oppressive, people find themselves enduring abuse or insufficient
opportunities. The concept of human rights provides a guide for how workers
should be treated and encourages equality.

8: Human rights give people access to education

Education is important for so many reasons and is crucial for societies
where poverty is common. Organizations and governments concerned with
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human rights provide access to schooling, supplies, and more in order to halt
the cycle of poverty. Seeing education as a right means everyone can get
access, not just the elite.

9: Human rights protect the environment

The marriage between human rights and environmentalism is becoming
stronger due to climate change and the effects it has on people. We live in the
world, we need the land, so it makes sense that what happens to the
environment impacts humanity. The right to clean air, clean soil, and clean
water are all as important as the other rights included in this list.

10: Human rights provide a universal standard that holds governments

accountable
When the UDHR was released, it had a two-fold purpose: provide a
guideline for the future and force the world to acknowledge that during WWII,
human rights had been violated on a massive scale. With a standard for what is
a human right, governments can be held accountable for their actions. There’s
power in naming an injustice and pointing to a precedent, which makes the
UDHR and other human right documents so important.
History of the evolution of concept of Human Right
1. Babylonian Laws— It is to be noted that Babylonian King Hammurabi
had issued a set of laws to his people which is called Hammurabi's Codes,
established fair wages, offered protection of property and required
charges to be proved at trial. The codes, while often harsh in their
punishments provided standards by which Babylonians could order their
lives and treat one another. Assyrian Laws, Hittiti Laws and the Dharm of
the Vedic Period in India also devised different sets of standards by which
obligations of one was provided to another. Thus, the world's all major
religions have a humanist perspective that supports human rights despite
the differences in the contents. The first recorded declaration of human

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 rights in history is the Cyrus Cylinder, written by Cyrus, the Great King of
Persia around the year 539 BC.
2. "Human Rights" are Rooted in Ancient Concept of Natural Law and
Natural Rights— A few Greek and Roman philosophers recognized the
idea of natural rights. Plato (427-348 B.C.) was one of the earliest writers
to advocate a universal standard of ethical conduct. The Roman jurist
Ulpian stated that according to law of nature, all men are equal, and by
the same law all are born free. This meant that foreigners are required to
be dealt in the same way as one deals with one's compatriots. The Laws
(52 B.C.) Cicero believed that there should be universal human rights
laws that would transcend customary and civil laws. Sophocles (495-406
B.C.) was one of the first to promote the idea of freedom of expression
against the state. Stoics employed the ethical concept of natural law to
refer to a higher order of law that corresponded to nature and which was
to serve as a standard for the laws of civil society and government. Later.
3. Magna Carta— In 1215 Magna Carta was a peace treaty between the
King and the rebel barons. In that respect it was a failure, but it provided
a new framework for the relationship between the King and his subjects.
The 1225 version of Magna Carta, freely issued by Henry III (r. 1216–72)
in return for a tax granted to him by the whole kingdom, took this idea
further and became the definitive version of the text. Three clauses of the
1225 Magna Carta remain on the statute book today. Although most of
the clauses of Magna Carta have now been repealed, the many divergent
uses that have been made of it since the Middle Ages have shaped its
meaning in the modern era, and it has become a potent, international
rallying cry against the arbitrary use of power.
4. The French Declaration on the Rights of Man and Citizen, 1789—
Inspired by the American Declaration of Independence, the newly formed
National Assembly proclaimed the Declaration of the Rights of Man and
Citizen in order to lay down the principles upon which the new
Constitution of France was to be founded. The declaration stated that the
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 preservation of the natural rights of man was the aim of every political
association. Broadly, the rights stated were:
(i) Liberty, Property and Security;
(ii) Resistance to oppression;
(iii) Equality before law;
(iv) Freedom from arbitrary arrest, expression and religion;
(v) Presumption of innocence;
(vi) Freedom to do an act that did not harm others. It is to be noted that
the rights that it declared were qualified repeatedly by
restrictions and conditions and were made subject to the rule of
law.
5. The American Bill of Rights, 1791—The Constitution of U.S.A. was
framed by the Convention of 1787 and brought into force in 1789. It
contained no guarantee of inalienable rights such as freedom of speech,
assembly and religion. It was soon felt inalienable rights of man should be
adopted as part of Constitution which could serve as legal limitation on
the powers of each of the organs set up by the Constitution and would be
enforceable by courts of law to invalidate legislative acts that might
transgress these inalienable rights. Another reason recreating adoption of
rights in the Constitution was a justifiable guarantee of individual rights
meant that judiciary would protect individuals against their violation by
Legislature and Executive. The first 10 amendments of the
constitution made available certain rights to the citizens that are as
follows—
 Right to freedom of speech, press, religion, and assembly, along with
right to petition were provided for.
 Right to keep and bear arms.
 Protection from quartering of troops without the consent of the
owner except in a manner to be prescribed by law.
 Protection from unreasonable search and seizure.

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  The word "due process" was added to the Constitution, in addition
to this, rights of double jeopardy, self-incrimination and eminent
domain.
 Trial was to be done by a jury. The accused was given like speedy
trial, public trial and right to counsel.
Fundamental Rights & Human Rights
Definition of Fundamental Rights

Fundamental Rights as the name suggests, are the basic rights of the
citizens of a country that are approved by the Supreme court and recognized
by the society. These are enshrined in the constitution and they are
enforceable in the court of law, in the sense that if there is any kind of violation
of the right the individual can go to the court for the protection of his/her right,
that is way they are known as fundamental rights.

Fundamental Rights applies to the all the people equally, regardless of

their caste, religion, gender, race, origin, etc. It ensure civil liberty, so that all
the citizens of the country can lead their life in the way they want.

The list of fundamental rights in India are given below:

 Right to freedom
 Right to equality
 Right to freedom of religion
 Right to constitutional remedies
 Cultural and Educational rights
 Right against exploitation
 Right to Privacy

Definition of Human Rights

Human Rights are universal, absolute and fundamental moral claims, in

the sense that they belong to all human beings, they are inalienable and are
basic to a real living.

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 These are essential for all the individuals, irrespective of their caste,
creed, nationality, place of birth, citizenship and any other status. All
individuals enjoy same human rights, without any discrimination.

Human Rights are basic rights of the people that advocate fairness,
equality, freedom and respect for all. These are extremely important for the
betterment of the society, as it abolishes various practices like injustice,
exploitation, discrimination and inequality.

Some of the common human rights are, freedom from discrimination,

right to life, equality before the law, liberty and personal security, right to
education, freedom of thought, right to free movement, etc.

Difference between Fundamental Rights & Human Rights

BASIS FOR FUNDAMENTAL RIGHTS HUMAN RIGHTS

COMPARISON
Meaning Fundamental Rights means Human Rights are the basic
the primary rights of the rights that all the human
citizens which are beings can enjoy, no matter
justifiable and written in where they live, what they do,
the constitution. and how they behave, etc.
Includes Basic Rights Only Basic and Absolute Rights
Scope It is country specific. It is universal.
Basic Right of freedom Right of life with dignity
Principle
Guarantee Constitutionally Internationally guaranteed
guaranteed
Enforcement Enforceable by the court of Enforceable by United Nation
law. Organization.
Origin Originated from the views Originated from the ideas of

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 of democratic society. civilized nations.

Magna Carta: An Introduction

What is Magna Carta?

Magna Carta, meaning ‘The Great Charter’, is one of the most famous
documents in the world. Originally issued by King John of England (r. 1199–
1216) as a practical solution to the political crisis he faced in 1215, Magna
Carta established for the first time the principle that everybody, including the
king, was subject to the law.

Why does Magna Carta matter today?

In 1215 Magna Carta was a peace treaty between the King and the rebel
barons. In that respect it was a failure, but it provided a new framework for the
relationship between the King and his subjects. The 1225 version of Magna
Carta, freely issued by Henry III (r. 1216–72) in return for a tax granted to him
by the whole kingdom, took this idea further and became the definitive version
of the text. Three clauses of the 1225 Magna Carta remain on the statute book
today. Although most of the clauses of Magna Carta have now been repealed,
the many divergent uses that have been made of it since the Middle Ages have
shaped its meaning in the modern era, and it has become a potent,
international rallying cry against the arbitrary use of power.

What does Magna Carta say?

Although Magna Carta contained 63 clauses when it was first granted,
only three of those clauses remain part of English law. One defends the
liberties and rights of the English Church, another confirms the liberties and
customs of London and other towns, but the third is the most famous:

No free man shall be seized or imprisoned, or stripped of his rights or

possessions, or outlawed or exiled, or deprived of his standing in any other
way, nor will we proceed with force against him, or send others to do so,

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except by the lawful judgement of his equals or by the law of the land. To no
one will we sell, to no one deny or delay right or justice.

This clause gave all free men the right to justice and a fair trial. However,
‘free men’ comprised only a small proportion of the population in medieval
England. The majority of the people were unfree peasants known as ‘villeins’,
who could seek justice only through the courts of their own lords.

Was Magna Carta effective in the short term?

Although King John agreed the terms of Magna Carta and the barons
renewed their oaths of allegiance, the settlement did not last long. Aggrieved
by the manner in which Magna Carta was to be enforced, John sent messengers
to the Pope (the overlord of the kingdoms of England and Ireland) in the
summer of 1215, requesting that the charter be annulled. In turn, the barons
refused to surrender the city of London to the King until Magna Carta had been
implemented. Pope Innocent III was alarmed by the charter’s terms, and on 24
August 1215 he issued a document known as a papal bull, describing Magna
Carta as ‘illegal, unjust, harmful to royal rights and shameful to the English
people’, and declaring the charter ‘null and void of all validity for ever’.
In September 1215, civil war broke out between King John and his
barons. The King raised an army of mercenaries to fight his cause, while the
barons renounced their allegiance to him, and invited Prince Louis (1187–
1226), son of the King of France, to accept the English crown. Louis invaded
England in 1216, and England was still at war when John died of dysentery on
the night of 18 October 1216.

Magna Carta was effectively dead, but it gained new life in the early years
of the reign of the next king, Henry III. Henry was just nine years old when he
succeeded to the throne, and in November 1216 a revised version of Magna
Carta was issued in his name, in order to regain the support of the barons.
Another version of Magna Carta was granted in the following year, after the
French army had been expelled from England. In 1225, on reaching the age of
18, Henry reissued a much revised version of Magna Carta which was later
enrolled on the statute book by King Edward I (r. 1272–1307) in 1297.

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What was the long-term impact of Magna Carta?
Magna Carta is sometimes regarded as the foundation of democracy in
England. In fact, most of its terms applied only to a small proportion of the
population in 1215, and the implementation of the charter in subsequent
centuries remained open to the interpretation of the courts.
Revised versions of Magna Carta were issued by King Henry III (in 1216,
1217 and 1225), and the text of the 1225 version was entered onto the statute
roll in 1297. Magna Carta had limited the circumstances under which the King
could raise money without the consent of the people. The 1225 version of
Magna Carta had been granted explicitly in return for a payment of tax by the
whole kingdom, and this paved the way for the first summons of Parliament in
1265, to approve the granting of taxation.

Magna Carta has consequently acquired a special status as the

cornerstone of English liberties. This is despite the fact that the vast majority
of its clauses have now been repealed, or in some cases superseded by other
legislation such as the Human Rights Act (1998). Magna Carta nonetheless
retains enormous symbolic power as an ancient defence against arbitrary and
tyrannical rulers, and as a guarantor of individual liberties.

Fair Trial as a Human Rights

A fair trial is one that is open to the public and is presided over by an
impartial judge who treats all parties equally. The right to a fair trial is a
fundamental protection of human rights and the rule of law that aims to ensure
the administration of justice. A fair trial comprises fair and proper
opportunities to show innocence as provided by law. Before the courts and
tribunals, everyone is treated equally.

Everyone has the right to a fair and public hearing before a competent,
independent, and impartial tribunal established by law in the resolution of any
criminal charge against him or of his rights and obligations in a legal
proceeding. The right to a timely trial is not specifically addressed in the Indian
Constitution, but it is incorporated into Article 21 through judicial
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interpretation. The right to a rapid trial stems from the right to a reasonable,
fair, and just trial, which stems from the fundamental right to life and personal
liberty.

The need for fair and speedy trial

The major goal of the Right to a Speedy Trial is to instill justice in society.
Human rights are necessary because of human life. It is vital in a civilised
society organised with the law and a system to provide a reasonably dignified
existence for every citizen. As a result, every right is a human right since it
allows a person to live as a human being. The very basic aim for which every
governmental apparatus establishes the court system is to provide justice to
victims of crimes.

In the Maneka Gandhi case (1978), Justice Bhagwati stated, “The

expression ‘personal liberty’ in Article 21 is of the broadest amplitude and it
covers a variety of rights that go to constitute a man’s personal liberty, some of
which have been elevated to the status of distinct fundamental rights and given
additional protection under Article 19.”

The Supreme Court held in Sheela Barsa v. Union Of India (1986), that
if an accused is not tried quickly and his case is pending before the Magistrate
or Sessions Court for an unreasonable amount of time, his fundamental right to
a speedy trial will be violated unless there is some interim order issued by the
superior court or a deliberate delay on the part of the prosecutor. As a result of
such a delay, the prosecution could be thrown out. The Indian Constitution
places a high expectation on the judicial system to provide a legal mechanism
to deal with issues concerning the administration of justice.

Article 6 protects our right to a fair trial

We have the right to a fair and public trial or hearing if:
 We are charged with a criminal offence and have to go to court, or
 A public authority is making a decision that has a impact upon your civil
rights or obligations.

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 It is a good idea to get further advice if we think the right to a fair and public
hearing might apply to your case.

What is a fair and public hearing?

We have the right to a fair and public hearing that:
 is held within a reasonable time
 is heard by an independent and impartial decision-maker
 give us all the relevant information
 is open to the public (although the press and public can be excluded for
highly sensitive cases)
 allows our representation and an interpreter where appropriate, and
 is followed by a public decision.
We also have the right to an explanation of how the court or decision-making
authority reached its decision.
Public Interest Litigation
The true nature of PIL is that if a selfless citizen or an organization having
no personal motive of any kind except either compassion of the weak and
disabled or deep concern for stopping serious public injury approaches the
court either for:
1. Enforcement of fundamental rights of those who genuinely do not have
adequate means of access to the judicial system ,or
2. Extending benefit of the statutory provisions incorporating the directive
principles of State policy to those who are denied of the same Preventing or
annulling executives acts and omissions violative of Constitution or law
resulting in substantial injury to public interest.
Public interest litigation is a weapon which has to be used with great care
and circumspection and the judiciary has to be extremely careful to see that
behind the beautiful veil of public interest an ugly private malice should not be
.there

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 Litigation should not be allowed to be used for suspicious products of
mischief .It should be aimed at redressal of genuine public wrong or public
injury and not publicity oriented or founded on personal vendetta.
Characteristics of PIL
1.Petitions in PIL are filed on behalf of such group or class or persons,
2.Petitions are on behalf of such group or class of persons, who on account
of their social, economic or other constraints cannot approach for the
court for any legal remedy.
3.Action is initiated in PIL against irresponsible ,illegal acts of Government
4.It is a new concept of jurisprudence which is developing its own
mechanism for justice.
5.It is a law proposed and propounded by judges.
6.It gives rise to such causes of action where legal damage has been caused
to the public at large or a section of it .
7.Any public spirited person or member of an organization ,who initiates
public interest litigation must have bona fide interest in social welfare his
intentions must be free from a malice and he should not start the action
under the influence of extraneous considerations.

Reasons for the growth of PIL

There are several factors, which led to the growth of PIL as an instrument
of remedial justice in India and they can be described as under:
1. Article 38 of the Constitutional ensures social, political and economic
justice and Article 39 embodies the jurisprudential doctrine of
distributive justice .In order to achieve these objectives Article 39-A
directs the State of ensure that the operation of the legal system
promotes justice on the basis of equality of opportunities and shall in
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 particular ,provide free legal aid by suitable legislation. The State must
encourage and support the participation of voluntary organizations or
social action groups in operating legal aid programme.
2. PIL was pleaded for the relaxation and liberalization of locus standi rule.
Since then judicial process has been revolutionized to promote PIL in
India.
3. This necessitated the filling of petitions by public spirited persons or
organization for protecting public interest.PIL has been accepted as a
reality.
4. In every social order the right to get an effective justice is a guaranteed
legal right. If any person’s petition is preliminary dismissed on the
ground that he is actually not the aggrieved person, the result would be
hazardous because a large number of cases of Government excesses and
violations of law by the different instrumentalities of the Government
would remain unattended.
5. Ours is a poor Country where nearly forty per cent of the population lives
below poverty line and next forty per cent just on poverty line. It cannot
be expected of them to come forward for a judicial remedy. The system of
PIL is an attempt to ensure justice to them
6. In modern times judicial process takes a long time to finally dispose of the
matter. The courts, therefore followed the system of public interest
litigation for simplifying the process of justice
7. The practice of taking suo motu cognizance of the complaints and
grievances of the people and cases of excesses and injustices published in
the newspapers, has given new dimension to the jurisdiction of the court
which paved the way for pil.
8. The concept of PIL emerged from ill consequences of such acts The
concept of PIL emerged out of these considerations.

Human Rights and Role of Indian Judiciary

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 The objective of the human rights Jurisprudence is to humanize state
agencies and to make state accountable to the use of power only for public
good. In 1610 Coke, C.J. in Bonham’s case held that the collective end of the
constitution of government is the promotion of a good quality of life and it is
the role of the judiciary to ensure this end .

Human rights demand recognition and respect for the inherent dignity to
ensure that everyone is protected against abuses which undermine their
dignity. Human rights belong to everyone, everywhere, regardless of
nationality, sexuality, gender, race, religion or age.

Human rights are the rights a person has simply because he or she is a
human being. To violate a human right would therefore be a failure to
recognize the worth of human life. Most societies have had traditions similar to
the "golden rule" of "Do unto others as you would have them do unto you."

It is constitutional mandate of judiciary to protect human rights of the

citizens.

1. Supreme Court and High Courts are empowered to take action to enforce
these rights.
2. Machinery for redress is provided under Articles 32 and 226 of the
constitution.
3. An aggrieved person can directly approach the Supreme Court or High
Court of the concerned state for the protection of his/her fundamental
rights, redress of grievances and enjoyment of fundamental rights.
4. In such cases Court are empowered to issue appropriate order, directions
and writs in the nature of Habeas Corpus, Mandamus, Prohibition, Quo-
Warranto and Certiorari .

Therefore, Judiciary is playing a crucial role in the protection of the human

rights of the people from time and again by expanding the scope of the rights
and recognizing new rights with the need of time. Judiciary has expanded the
scope of right to life to include entitlements which are vital for the enjoyment
of right to life with dignity. Courts have protected right of the people in
numerous cases whether it is a right against violence in custody, to live in a

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pollution free environment, right to health, right to adequate wages of the
workers, safety of the women at workplace and compensation to rape victim.

There are various instances where judiciary intervened

In the case of Labourers working on Salal project v. State of Jammu and

Kashmir, Supreme Court held that child below the age of 14 years cannot be
employed and allowed to work in construction process. Court has issued
various directions related to child labour .

Supreme Court in Maneka Gandhi v. Union of India interpreted the right to

life and to widen its scope and deduced un-enumerated right such as “right to
live with human dignity”. Supreme Court propounded the theory of
“emanation” to make the existence of the fundamental right meaningful and
active.

In S.P. Gupta v. Union of India and others, Supreme Court held that any
member of the public can approach the court for enforcing the Constitutional
or legal rights of those, who cannot go to the court because of poverty or any
other disabilities. Person can even write letter to the court for making
complaints of violation of rights. Public interest litigation is an opportunity to
make basic human rights meaningful to the deprived and vulnerable sections
of the community
Shan Bano Case
Shan Bano, a 62year old Muslim women was divorced by her husband in
1978. She filed a criminal suit in the Supreme Court of India, she wanted
alimony from her husband. Supreme Court delivered a judgement favour
maintenance given to aggrieved divorced Muslim women.
Shreya Singhal vs. Union of India
Shreya Singhal vs. Union of India is a judgement of the Supreme Court of
India, on the issue of online speech and intermediary liability in India. The
Supreme court struck down section 66A of information technology Act, 2000,
relating to restrictions on online speech, as unconstitutional on grounds of

19
violating the freedom of speech guaranteed under Article 19(1)(a) of the
constitution of India.
Vishakha vs. State of Rajasthan
Vishakha and other women groups filed Public Interest Litigation (PIL)
against state of Rajasthan and Union of India to enforce the fundamental rights
of working women under Article 14, 19, 21 of the constitution of India. The
Supreme court laid down some guidelines in the Vishakha case, pending formal
legislation, for dealing with sexual harassment of women at work place, some
of guidelines are as follows –
 Duty of employer or other responsible persons in work place and other
institution women employees to prevent the commission of acts of
sexual harassment.
 Courts also provided guidelines to all employers public or private for
taking preventing steps.
 Disciplinary action should be taken against the offender. After
providing the guidelines courts said, “Accordingly, we direct that the
guidelines and norms would be strictly observed in all work places for
the preservation and enforcement of the rights to gender equality of
the working women. These directions would be binding and
enforceable in law until suitable legislation is enacted to occupy the
field.”
CONCLUSION
Supreme Court, High court played an important role in protecting and
safeguarding the human rights in India. Judiciary provide justice through the
interpretation of laws. Sometimes through the wide interpretation of provision
of various legislation and also the provision of constitution judiciary is able to
empower to rights.
Another role of judiciary is the activist role which is popularly known as
“Judicial Activism.” When there is no specific law for a specific offence in that
case judiciary applies its activist power for the protection of our rights.

20
 ORGAN OF UNITED NATION
Origin of the UNO
While the Second World War was in full swing, the Allied powers, for political
psychological reasons, felt the necessity for creating a new international
organisation better than the League of Nations for preventing the loss of
property and lives and for establishing peace, The following efforts were made
for the establishment of the United Nations Organisation (UNO).
Objectives of the UNO
1. To save the succeeding generations from the war.
2. To maintain international peace and security;
3. To encourage international cooperation in the spheres of social, economic
and cultural developments;
4. To develop friendly relations among nations on principles of equal rights
and self- determination;
5. Respect for the obligations arising from treaties.
6. To promote social progress
7. To recognize the fundamental rights of all people.
The following are the major organs of the UN:
1. The General Assembly.
2. The Security Council.
3. The Economic and Social Council.
4. The Trusteeship Council.
5. The International Court of Justice.
6. The Secretariat.
1. General Assembly
It is the only principal organ of the UNO consisting of all members. It is a
plenary organ (Parliament of Men). Each Member State has one vote and five

21
representatives/delegates. The General Assembly regularly meets once a year
(in the third week of the month of September).
But special sessions can also be convened by the Secretary General either on
the request of Security Council or on the request of majority of member States
or at the request of one member concurred by a majority of member States. It
is mainly a deliberative body with powers of discussion, investigation, review,
recommendation and criticism about the work of the UN as a whole including
its other organs and specialized agencies.
Though primarily recommending bodies without having binding effect, the
General Assembly can also take final decision over certain matters like, budget
and admission, suspension/expulsion of a member, etc. Decisions on important
questions are taken by a 2/3 majority of members present and voting.
The other important powers and functions of the General Assembly are:
1. To supervise the international trusteeship system.
2. To adopt amendments to the Charter.
3. To elect members of other organs of UN, viz. 10 non-permanent members
of Security Council, 15 judges of ICJ, etc.
4. To elect Secretary General of UN.
5. To adopt international conventions.

2. Security Council
It is a continuously functioning body, originally consisted of 11 members, but
since 1965 of 15 members: Five permanent members (China, France, Soviet
Union, UK and USA) and ten non-permanent members (elected by the General
Assembly for a period of 2 years keeping in view the contribution of member
States to maintenance of peace and security).
Powers:
22
  The Security Council shall encourage the pacific settlement of local
disputes through regional arrangements/ agencies.
 Control and supervision of trust territories classified as strategic
areas.Admission, suspension and expulsion of members.
 The General Assembly could not on its own (suomotu) admit, suspend
and expel a State to/ from UN in case the Security Council failed to
recommend. The Security Council may restore the rights and privileges of
a member State suspended by General Assembly.
 The Security Council takes part along with the General Assembly in the
appointment of Secretary General of UN, and in the election of the Judges
of ICJ.
 Amendment of Charter: As per Art. 108, approval of five permanent
members is essential along with 2/3 members of General Assembly.
3. The Economic and Social Council (ECOSOC)
The Charter of UN in order to achieve the economic and social
advancement of all people, created the ECOSOC as a permanent organ of UN
with a view to secure international prosperity, stability and justice. The
Council originally had 18 members but now composed of 54 members, elected
by General Assembly for a term of 3 years.
The functions of ECOSOC include:
a. To discuss international economic and social issues and formulate
recommendations to member States and to other organs and agencies of
UN;
b. To recommend for promotion of respect of human rights and freedom;
c. To prepare draft conventions on matters within its scope of powers to
General Assembly;
d. To coordinate the activities of the specialized agencies of the UN; etc.

23
 4. The Trusteeship Council
The Charter of UN provides for an International Trusteeship system' with
the objectives of furthering international peace and security to promote the
advancement of the inhabitants of the Trust territories and their progressive
development towards Self-Government or independence. Trust territories
include territories held under mandate at the commencement of the Charter;
territories, which may be detached from enemy States as a result of Second
World War; and, territories voluntarily placed under the system by States
responsible for their administration.
5. The Secretariat
For smooth running of UN, for execution of its decision, and for
administering of its policies and programmers, the Charter created a
Secretariat headed by a Secretary General, appointed for a term of 5 years by
the General Assembly on the recommendation supported by nine affirmative
votes (including the concurring vote of five permanent members) of the
Security Council. Every person is required to take an oath before the start of
his work in the U. N. Secretariat. This oath is attributed to the world
organization.
7. THE INTERNATIONAL COURT OF JUSTICE (ICJ)
The need for the establishment of a Permanent Court to solve international
disputes was felt in the First Hague Conference. It was in the Second Hague
Peace Conference, the USA proposed for the establishment of such a Court. The
Permanent Court of International Justice (PCIJ) was established in 1921 under
the covenant of the League of Nations.
Celebrating UN Day on 24 October

United Nations Day is celebrated on October 24 every year. It marks the

official establishment of the United Nations in 1945. On this day, the UN
Charter was ratified by the majority of signatories, including the five
permanent members of the Security Council, and this led to the official
24
establishment of UN. The Day was first celebrated in 1948. The UN, in 1971,
also recommended the member states to observe it as a public holiday.

What is UN
The United Nations was founded immediately after the end of World War
II. It succeeded the failed League of Nations with the aim of preventing further
wars. It is an intergovernmental organisation whose primary role is to
maintain world peace and security.
It plays an important role in developing friendly relations among
countries, achieve international cooperation and be a centre of coordination
for nations.
50 governments met in San Francisco on 25 April 1945 and started
drafting the UN Charter which was adopted on 25th June, 1945. The
organisation’s objectives are to maintain international peace, protect human
rights, deliver humanitarian aid, promote sustainable development, and to
uphold international law. The UN had 51 members at the time of its
establishment which has now increased to 193 countries.

The UN has different organs: the General Assembly, the Security Council,
the Economic and Social Council, the Trusteeship Council, the International
Court of Justice, and the UN Secretariat.
It also has many different specialised organisations overlooking different
sectors. Some of them are: the World Bank, the World Health Organisation,
Unesco, Unicef, the World Food Programme.
IMPORTANT POINTS RELATED TO UNITED NATIONS DAY

1. United Nations Day recognizes the founding of the United Nations (UN)
in 1945. The celebration is observed annually on October 24th.

2. U.N. Day has traditionally been marked throughout the world by

meetings, discussions, and exhibits about the achievements and goals
of the organization.

25
 3. The United Nations works for the entire human family of seven billion
people and cares for the Earth, our one and only home. ~ Secretary-
General Ban Ki-moon

4. Today the United Nations consists of 193 member states and 2

observer states. The mission of the United Nation is to maintain
international peace and security.

5. The UN also sets terms for protecting human rights around the world.
In 1948, they created international law with a Universal Declaration of
Human Rights.

6. The member nations deliver humanitarian aid to populations in crisis.

The first aid delivered was an immediate response to the devastation
following World War II.

7. Another aim of the international organization is to promote

sustainable development.

8. Some major achievements of the UN include:

 The UN peacekeeping budget is less than 0.5% of global military

spending
 Their World Food Programme (WFP) provides food and
assistance to 91 million people in 83 countries
 They also supply vaccines to 45% of the world’s children
 The UN helps people who displaced by violence, conflict, and
persecution

HOW TO OBSERVE UNITED NATIONS DAY

Throughout the day, the United Nations Educational, Scientific and

Cultural Organization (UNESCO) in Paris hosts conferences and meetings. They
also display exhibits of UN achievements. On United Nations Day, schools

26
throughout the world celebrate the diversity of their student bodies. These
schools also hold cultural performances and food fairs.

A UN Day concert is held each year to commemorate the day. The concert
is held at the General Assembly Hall at the United Nations Headquarters in
New York City. Performers at the concert have included the KBS Traditional
Music Orchestra, Stevie Wonder, the Harlem Boys Gospel Choir, and the Qatar
Philharmonic Orchestra.

To participate in United Nations Day, think about how diversity makes

our lives better. Make it a goal to learn something about each of the 193
countries that make up the United Nations. Find out what all the flags of each
country look like. If you know someone who is of a different nationality, ask
them questions about their country of origin. To spread awareness, share
UnitedNationsDay on social media.

United Nations High Commissioner for Human Rights (UNHCHR)

The system for the promotion and protection of human rights put in place
by the United Nations is based on permanent institutions that reinforce the
guarantees provided in the different international conventions on human
rights. The Office of the High Commissioner for Human Rights is the
cornerstone of this system. It includes the Human Rights Council, which
replaced the Commission on Human Rights in 2006, an evolution that aimed at
ensuring a better functioning of these institutions and limits their
politicization.
Mandate of the High Commissioner for Human Rights
The position of a UN High Commissioner for Human Rights (UNHCHR)
was established pursuant to UN General Assembly Resolution 48/181 of 20
December 1993, which followed the recommendations of the Vienna
Declaration and Program of Action adopted on 25 June 1993, at the UN World
Conference on Human Rights. In 1997, the Office of the UNHCHR and the
preexisting UN Center for Human Rights were consolidated into one office,
located in Geneva.

27
 The UNHCHR’s mission is to “ensure the universal enjoyment of all
human rights by giving practical effect to the will and resolve of the world
community as expressed by the UN.”
Structure of the UNHCHR
The Office is divided into organizational units, headed by the High
Commissioner, who holds the rank of UN Under-Secretary-General, a four-year
mandate. Zeid Ra’ad Al Hussein has held this position since 1 September 2014.
He is assisted by a Deputy High Commissioner, a staff, and an administrative
section. A small New York office represents the High Commissioner at UN
headquarters.
In addition to the Executive Office of the High Commissioner and a
number of units that report to the Deputy High Commissioner, the Office of the
High Commissioner has four divisions, which are the Special Procedures
Division, the Field Operations and Technical Cooperation Division, the
Research and Right to Development Division, and the Human Rights Council
and Treaties Division. Its budget for 2010–2011 was $151.6 million ($40.5
million from the UN regular budget; $111.1 million from States’ voluntary
contributions and international organizations in 2011). The level of voluntary
funding increased strongly between 2005 and 2009, with a noticeable decrease
in 2010 (from $118 million in 2009 to $109 million in 2010).

Functions of the UNHCHR

Its functions to this effect include the following:

 Promoting universal ratification and implementation of international

conventions and other standards, and assisting in the development of
new norms. ▸ Human rights ▸ International law
 Managing the information services of the UN human rights program,
including the documentation center and library, and providing policy
analysis, studies, and advice, on issues including the practice of UN organs
and other substantive procedures.
 Promoting the establishment of national human rights infrastructures,
including through field activities and operations. It undertakes field
28
 activities and operations and provides education, information advisory
services, and technical assistance on the issue of human rights, at the
request of governments, and manages voluntary funds for human rights
field missions.
 Providing support to human rights fact-finding and investigative
mechanisms, such as Special Rapporteurs and working groups mandated
by the UN Human Rights Council (HRC, formerly the Commission) or
other UN bodies. ▸ Special Rapporteurs
 Supporting international human rights organs and treaty-monitoring
bodies. It plans, prepares, and runs the meetings of the UN Human Rights
Council and provides technical and substantive support to the HRC
regular and special sessions, as well as for the Universal Periodic Review
mechanism (see below).

HUMAN RIGHTS COMMITTEE

The Human Rights Committee is the United Nations human rights treaty body
responsible for overseeing implementation of the International Covenant on
Civil and Political Rights (ICCPR) through its consideration of State reports,
individual complaints, and inter-State complaints, and its preparation of
general comments, substantive statements, and general discussions on topics
addressed in the ICCPR. As of September 2021, 173 States are party to the
ICCPR.

The Human Rights Committee is a quasi-judicial body, established by the

International Covenant on Civil and Political Rights and its First Optional
Protocol. It convenes in New York and Geneva.
Composition
The Human Rights Committee is composed of eighteen experts:
 No more than one national of the same state (Article 31(1) ICCPR).
 Equitable geographical distribution and representation of the different
forms of civilization and of the principal legal systems (Article 31(2)
ICCPR).
 National experts: A Committee member shall not take part in the
examination of a communication by the Committee if the state party in
29
 respect of which he or she was elected to the Committee is a party to
the case (Rule 84, Rules of Procedure).
Who may file a complaint?
Article 1 First Optional Protocol to the ICCPR (OP). Complaints may be filed by
individuals subject to the jurisdiction of a state party to the OP ‘who claim to be
victims of a violation by that state party of any of the rights set forth in the
Covenant. No communications shall be received by the Committee if it
concerns a state party to the Covenant which is not a party to the present
Protocol’. Exceptionally, a communication submitted on behalf of an alleged
victim may be accepted when it appears that the individual in question is
unable to submit the communication personally (Rule 90, Rules of Procedure).
Legal persons, including NGOs, cannot act as victims but can represent one or
more individuals who claim violations of their rights.

Human Right Courts

 The Human Rights Act had called for the establishment of special courts
in each district to conduct speedy trial of offences arising out of violation
and abuse of human rights.
 Section 30 of the Protection of Human Rights Act, 1993 envisages that a
State government, with the concurrence of the CJ of High Court should
specify for each district a court of session as a court of human rights for
the speedy trial of violation of rights.
 Section 31 of the Act provides the State government to specify and
appoint a special public prosecutor in that court.
 Sessions Court of the district concerned is considered as the Human
Rights Court.
 Under the Criminal Procedure Code, 1973 a Sessions Judge cannot take
cognizance of the offence. He can only try the cases committed to him by
the magistrate under Section 193 of the Cr.P.C.

Why need HR courts?

 To uphold and protect the basic and fundamental rights of an individual it

is an indispensable obligation upon the State to provide affordable,
30
 effective and speedy trial of offences related to violation of human rights
which can only be achieved by setting up special courts in each district as
provided under the Act.
 The recent India Human Rights Report 2018, which was published by the
Country Reports on Human Rights Practices for 2018 by US provide a
deep reality into the sad state of affairs in India.
 The report threw light on various rights violations such as police
brutality, torture and excess custodial and encounters deaths, horrible
conditions in prisons and detention centres, arbitrary arrests and
unlawful detention, denial of fair public trial, the petition said.

Right to Equality As Human Right

Section 8 of the Human Rights Act 2004 says that:

1. Everyone has the right to recognition as a person before the law.

2. Everyone has the right to enjoy his or her human rights without
distinction or discrimination of any kind.
3. Everyone is equal before the law and is entitled to the equal protection of
the law without discrimination. In particular, everyone has the right to
equal and effective protection against discrimination on any ground.

Note: Under the Act, all rights may be subject to reasonable limits (section 28).
The nature of the right is relevant when considering what is reasonable.

This factsheet is not intended to be a substitute for legal advice.

Scope of the Right

Section 8 of the Act protects three different but related rights.

1. The right to recognition as a person before the law

The first is the right to recognition as a person before the law. This is an
absolute right which, under international law, cannot be limited under any
circumstances.

31
The essence of this right is equality of legal capacity, for example the capacity
to enter into contracts or access Government services. In some countries, such
capacity is denied to certain groups (such as women or particular ethnic
groups).

2. The right to enjoy other human rights free from discrimination

The second right in section 8 of the Act is the right to enjoy other human rights
without ‘distinction or discrimination of any kind’. Everyone has the same
rights and deserves the same level of respect. This means that laws, policies
and programs should not be discriminatory and also that public authorities
should not apply or enforce laws, policies and programs in a discriminatory
way.

The section includes some examples of discrimination. These include,

discrimination because of race, colour, sex, sexual orientation, language,
religion, political or other opinion, national or social origin, property, birth,
disability or other status.

3. The right to the protection of the law without discrimination

Section 8 of the Act also provides that everyone is entitled to equal protection
of the law without discrimination. This right refers to the enforcement and
administration of the law.

Gender equality as human right

In terms of Articles 14 and 15 of the Constitution of India, the female

heirs, subject to the statutory rule operating in that field, are required to be
treated equally to the male heirs. Gender equality is recognized by the world
community in general in the human rights regime. The Hindu Succession Act,
1956 as amended in the year 2005 brought about revolutionary changes in the
old Hindu Law. It was enacted to amend and codify the law relating to intestate
succession amongst Hindus. By reason of the Act, all female heirs were
conferred equal right in the matter of succession and inheritance with that of
the male heirs. See : G. Sekar vs. Geetha, (2009)6 SCC 99.

32
In law, a declaration is an authoritative establishment of fact. Declarations take
various forms in different legal systems. An act of formally or confidently
stating something.

Enforcement is the proper execution of the process of ensuring compliance

with laws, regulations, rules, standards, and social norms. Governments
attempt to effectuate successful implementation of policies by enforcing laws
and regulations.[2] Enactment refers to application of a law or regulation, or
carrying out of an executive or judicial order.

Enforcement serves a number of functions; the enforcement of social norms

can ensure conformity within insular communities, the enforcements of laws
can maximize social benefits and protect the public interest, and enforcement
may also serve the self-interest of the institutions that oversee
enforcement.[5] Enforcement can be effectuated by both public institutions and
private, non-governmental actors.[6] Enforcement is often accomplished
through coercive means or by utilizing power disparities to constrain
action.[7] Some scholars, such as Kate Andrias, have also argued that
institutions enforce rules when deciding "when and how to apply" laws and
regulations

International Labour Organization (ILO)

The International Labour Organization is a United Nations agency whose
mandate is to advance social and economic justice through setting
international labour standards. Founded in October 1919 under the League of
Nations, it is the first and oldest specialised agency of the UN.
The International Labor Organization (ILO) is devoted to promoting social
justice and internationally recognized human and labour rights, pursuing its
founding mission that labour peace is essential to prosperity.

In 1946, the ILO became a specialized agency of the United Nations. Its unique
tripartite structure gives an equal voice to workers, employers and
governments providing a unique platform for promoting decent work for all
women and men.
33
Tripartite structure – It include following

1. Workers
2. Employers
3. Member state
The ILO has four strategic objectives
 Promote and realize standards and fundamental principles and rights at
work
 Create greater opportunities for women and men to decent employment
and income
 Enhance the coverage and effectiveness of social protection for all, and
 Strengthen tripartism and social dialogue
How the ILO works
Underlying the ILO’s work is the importance of cooperation between
governments and employers’ and workers’ organizations in fostering social
and economic progress.
The ILO aims to ensure that it serves the needs of working women and men by
bringing together governments, employers and workers to set labour
standards, develop policies and devise programmes. The very structure of the
ILO, where workers and employers together have an equal voice with
governments in its deliberations, shows social dialogue in action. It ensures
that the views of the social partners are closely reflected in ILO labour
standards, policies and programmes.
The ILO encourages this tripartism within its constituents
employers , workers and member States , by promoting a social dialogue
between trade unions and employers in formulating, and where appropriate,
implementing national policy on social, economic, and many other issues.

UNIVERSAL DECLARATION OF HUMAN RIGHTS (UDHR), 1948

34
The United Nations Commission on human rights was asked to prepare a draft
on the general principles governing the human rights. After two and half years
of painstaking labor the commission human rights prepared a draft of the
‘universal Declaration of human Rights’, the declaration the first of the its kind
in history, was approved by the general Assembly on December 10, 1948. This
declaration is the first international definition of the rights of man. It is,
therefore, 10th December is commemorated every year as human rights day.
Civil and political rights: Articles 3 to 21

 Article 3: right to life and security of persons

 Article 4: Freedom from slavery
 Article 5: Prohibition against torture etc
 Article 6: right to equality before the law and other legal remedies
 Article 12: Right to privacy, family, home and correspondence
 Article 13: Right to freedom of movement and residence
 Article 14: Right to seek asylum
 Article 15: Right to nationality
 Article 16: Right to marry and raise a family
 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 freedom of peaceful assembly
 Article 21: Right to participate in the government of his country
Economic, Social and cultural Rights: Article 22 to 27

 Article 22: Right to social security

 Article 23: Right to work and free choice of employment
 Article 24: Right to reasonable limitation of working hours
 Article 25: Right to a good standard of living for personal/family’s health
 Article 26: Right to education

35
  Article 27: Right to enjoy cultural life and share in scientific achievement
International covenant on civil and political rights (ICCPR), 1966
The nature of civil and political rights may be different but they are inter-
related and interwoven, and therefore, it does not appear logical to
differentiate them. This reason alone led to the formulation of one Covenant
covering both civil and political rights into one covenant.
The ICCPR comprises of 53 articles in VI parts. Specific substantive civil and
political rights are:

 Inherent rights to life (Article)

 Prohibition of torture or cruel, inhuman or degrading treatment or
punishment (Article 7)
 Prohibition of slavery, forced labor, etc (Article 8)
 Rights to liberty and security, and freedom from arbitrary arrest or
detention (Article 9)
 Right of all deprived of their liberty to be treated with humanity and
dignity (Article10)
 Prohibition of imprisonment merely on the ground of inability to fulfill a
contractual obligation (Article 11)
 Right to liberty of movement and freedom to choose residence and right
not to be arbitrarily deprived at entering one’s own country (Article 12)
 Freedom of aliens lawfully in the territory of state party to the covenant
from arbitrary expulsion (Article 13)
 Right to equality before the courts, right to a fair and public hearing and
right of a criminal offender to be presumed innocent until proved guilty
(Article 14)
 Non-retroactive application of criminal law (Article 15)
 Right to be recognized as a person before the law (Article 16)
 Right to privacy, honor and reputation (Article 17)
 Freedom of thought, conscience religion (Article 18)
36
  Right to freedom of opinion And expression (Article 19)
 Prohibition of propaganda of war and advocacy of national, racial or
religious hatred constituting incitement to discrimination, hostility or
violence (Article 20)
 Right of peaceful assembly (Article 21)
 Right to freedom of association including the right to form and join trade
unions for the protection of interests (Article 22)
 Right to marry and to found a family (Article 23)
 Right of protection to a child; right of every child to acquire a nationality
(Article 24)
 Right of every citizen to take in the conduct of public affairs, to vote and
to be selected, and to have access, on general terms of ‘Equality’, to public
services in his country. (Article 25
 Equality before the law (Article 26)
 Rights to ethnic, religious or linguistic minorities (Article 27).
It may be noted that the rights set forth in the Covenant are not absolute and
are subject to certain limitations.

Convention on the Nationality of Married Women (1958)

Convention on the Nationality of Married WomenOpened for signature and
ratification by General Assembly resolution 1040 (XI) of 29 January 1957entry
into force 11 August 1958, in accordance with article 6Article 1
Each Contracting State agrees that neither the celebration nor the dissolution
of a marriage between one of its nationals and an alien, nor the change of
nationality by the husband during marriage, shall automatically affect the
nationality of the wife.
Article 2
Each Contracting State agrees that neither the voluntary acquisition of the
nationality of another State nor the renunciation of its nationality by one of its

37
nationals shall prevent the retention of its nationality by the wife of such
national.
Article 3
1. Each Contracting State agrees that the alien wife of one of its nationals
may, at her request, acquire the nationality of her husband through
specially privileged naturalization procedures; the grant of such
nationality may be subject to such limitations as may be imposed in the
interests of national security or public policy.
2. Each Contracting State agrees that the present Convention shall not be
construed as affecting any legislation or judicial practice by which the
alien wife of one of its nationals may, at her request, acquire her
husband's nationality as a matter of right.
Nalini Netto Case

Nalini Netto is a retired officer of the Indian Administrative Service. She

served as State Chief Secretary and took office on 1 April 2017, from
incumbent S. M. Vijayanand. She is the 42nd head and 4th women head of the
state bureaucracy.[1] Before becoming the chief secretary she had been in the
post of Chief Electoral Officer and Home secretary. Nalini Netto was in news
when she filed a case against the Transport minister Neelalohithadasan
Nadar in 2000 when she was the Transport Secretary.

In 1999, Nalini, who was the Transport Secretary then, boldly reacted to
alleged sexual harassment by Transport Minister Neelalohitadasan Nadar,
leading to the resignation of the latter. Though Nadar was later acquitted in the
case, the IAS officer sent out a strong message by pursuing the case against the
politician. T P Sundararajan, a retired Intelligence bureaucrat turned law
professor, was the one who fought the case for her.[6] Before this incident
Nadar was penalized for a similar case filed in by the forest officer Prakriti
Srivastava.

Ann Maria Garcia Lanza de Netto v. Uruguay, Communication No. 8/1977,

U.N. Doc. CCPR/C/OP/1 at 45 (1984).

38
  Submitted by: Ann Maria Garcia Lanza de Netto on 20 February 1977,
Beatriz Weismann on 28 September 1979 and Alcides Lanza Perdomo on
15 February 1980
Alleged victims: Beatriz Weismann and Alcides Lanza Perdomo
 State party: Uruguay
 Date of adoption of views: 3 April 1980 (ninth session)

Standing of author to act on behalf of alleged victims-Submission to IACHR--

Same matter--Exhaustion of domestic remedies--Review of decision on
admissibility--Joinder of subsequent communication--Arbitrary arrest--
Detention incommunicado --Habeas corpus--Access to counsel-- Torture--
Delay in proceedings--Fair trial--Continued detention after serving sentence--
Freedom of expression--Right of State party to derogate from Covenant--
Burden of proof

 Articles of Covenant: 4, 7, 9 (lj, (3j and (4j, I0 (1), 14 (lj, (2) and (3) and
19 (2) and r3)
 Article of Optional Protocol: 5 (2) (a) and (b)

Views under article 5 (4J of the Optional Protocol

1. The initial author of this communication, Ann Maria Garcia Lanza de

Netto (initial letter dated 20 February 1977) is a Uruguayan national,
residing in Mexico. She submitted the communication on behalf of her
aunt, Beatriz Weismann de Lanza, a 35-year-old Uruguayan citizen, and
her uncle, Alcides Lanza Perdomo, a 60-year-old Uruguayan citizen and a
former trade union leader, alleging that both had been atbitrarily
arrested and detained in Uruguay.
2. Ann Maria Garcia Lanza de Netto claimed that her uncle had been
arrested early in February 1976 in the streets of Montevideo by the
occupants of an army vehicle and that until the end of September 1976
his family was unable to locate him. She alleged that Aleides Lanza
Perdomo was detained at various places, including the naval air base at
Laguna del Sauce in the Department of Maldenado and that during this
period of initial detention he had to be admitted to the Central Hospital of
the Armed Forces four times, on one occasion almost completely
suffocated. She further alleged that there were two months about which
39
 her uncle remembers absolutely nothing and that he supposes he was
unconscious all that time. She claimed that as a consequence of the
mistreatment received, her uncle's hearing was seriously impaired and
that he had difficulties moving about because of injuries which were
caused to one hip, probably a fracture.

It is submitted that Alcides Lanza Perdomo was later held in the army barracks
of the School of Weapons and Services, 14 kilometres along Camino
Maldonado, where he was allegeally housed in a railway wagon together with
16 other prisoners, and that he was forced to work in the fields.

In respect of her aunt, Beatriz Weismann de Lanza, the initial author submitted
that she had been arrested shortly after her husband by army personnel
entering her home early one morning and taking her away together with her
two small sons, who were handed over some hours later to their grandmother.
The author claimed that her aunt's family and friends were unaware of her
place of detention until late in 1976. She claimed that her aunt had been in
good health until her disappearance in February 1976 but that due to torture
inflicted upon her, she had no feeling from the waist downwards and could not
move without the help of two female prisoners. She stated that Beatriz
Weismann de Lanza had nevertheless been obliged to work.

Finally, Ann Maria Garcia Lanza de Netto submitted that proceedings had been
initiated with regard to her uncle before a military court, but that it was not
clear whether her aunt had appeared before a court.

Therefore decided:

(a) That the author of the communication was justified by reason of close
family connection in acting on behalf of the alleged victims;
(b) That the communication was admissible;
(c) That the text of this decision be transmitted to the State party together
with the text of the relevant documents and to the author;
(d) That, in accordance with article 4 (2) of the Opo tional Protocol, the State
party be requested to submit to the Committee, within six months of the
date of the transmittal to it of this decision, written explanations or

40
 statements clarifying the matter and the remedy, if any, that may have
been taken by it.

With regard to the exhaustion of domestic remedies the Committee said that
its decision "may be reviewed in the light of any further explanations which the
State party may submit giving details of any domestic remedies which it claims
to have been available to the alleged victims in the circumstances of their
cases, together with evidence that there would be a reasonable prospect that
such remedies would be effective".

Pillars of Democrachy

Introduction And Meaning

Democracy is described as the government by the people, for the people or it is
considered to be the rule of the people through their elected representatives.
The democracy is balanced by the three pillars of Democracy namely The
Executive, The Legislative and The Judiciary but now in this era Democracy is
lined towards the fourth pillar that is Media.
 Liberty
 Equality
 Feternity
 Voting right
 Freedom of press

The role of the High Commissioner for Human Rights

The High Commissioner for Human Rights is the principal human rights official
of the United Nations.

The United Nations High Commissioner for Human Rights is accountable to the
Secretary-General and is responsible for all the activities of OHCHR, as well as
for its administration.

The High Commissioner:

41
  Carries out the functions specifically assigned to him or her by the
General Assembly in its resolution 48/141 of 20 December 1993 and
subsequent resolutions of policy-making bodies;
 Advises the Secretary-General on the policies of the United Nations in
the area of human rights;
 Ensures that support is given to the projects, activities, organs and
bodies of the human rights programme;
 Represents the Secretary-General at meetings of human rights organs
and at other human rights events; and carries out special assignments
as decided by the Secretary-General.

In accordance with General Assembly resolution 48/141, the United Nations

High Commissioner for Human Rights is appointed by the Secretary-General of
the United Nations and approved by the General Assembly, with due regard to
geographical rotation for a fixed term of four years with a possibility of one
renewal for another fixed term of four years.

Human Rights and The Indian Constitution

The Constitution of the Republic of India which came into force on 26th
January 1950 with 395 Articles and 8 Schedules, is one of the most elaborate
fundamental laws ever adopted. The Preamble to the Constitution declares
India to be a Sovereign, Socialist, Secular and Democratic Republic. The
term democratic denotes that the Government gets its authority from the will
of the people. It gives a feeling that they all are equal irrespective of the race,
religion, language, sex and culture. The Preamble to the Constitution pledges
justice, social, economic and political, liberty of thought, expression, belief,
faith and worship, equality of status and of opportunity and fraternity assuring
the dignity of the individual and the unity and integrity of the nation to aid its
citizens.
India was a signatory to the Universal Declaration of Human Rights. A number
of fundamental rights guaranteed ta the individuals in Part III of the Indian
Constitution are similar to the provisions of the Universal Declaration of
Human Rights.

42
 The following chart makes it very clear:
Civil and Political Rights in the Universal Declaration of Human Rights
and in the Indian Constitution

Article Declaration Constitution

Equality before law Article 7 Article 14
Prohibition of discrimination Article 7 Article 15(1)
Equality of opportunity Article 21(2) Article 16(1)
Freedom of speech and expression Article 19 Article 19(1)(a)
Freedom of peaceful assembly Article 20(1) Article 19(1)(b)
Freedom to form associations or unions Article 23(4) Article 19(1)(c)
Freedom of movement within border Article 13(1) Article 19(1)(d)
Protection ion respect of conviction for
Article 11(2) Article 20
offences
Protection of life and personal liberty Article 3 Article 21

Protection of slavery and forced labour Article 4 Article 23

Freedom of conscience and religion Article 18 Article 25(1)

Remedy for enforcement of rights Article 8 Article 32

Right against arbitrary arrest and

Article 9 Article 22
detention

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The table below shows that most of the economic, social and cultural rights
proclaimed in the Universal Declaration of Human Rights have been
incorporated in part IV of the Indian Constitution.
Economic, Social and Cultural Rights in the Universal Declaration of Human
Rights and in the Indian Constitution
Article Declaration Constitution
Right to work, to just and favourable
Article 23(1) Article 41
condition of work
Right to equal pay for equal work Article 23(2) Article 39(d)
Article
Right to education Article 26(1)
21(a),41,45,51A(k)
Right to just and favourable
Article 23(3) Article 43
remuneration
Right to rest and leisure Article 24 Article 43
Right of everyone to a standard of
Article 25(1) Article 39(a), 47
living adequate for him and family
Right to proper social order Article 28 Article 38

In Keshavnanda Bharati v. State of Kerala, the Supreme Court

observed, The Universal Declaration of Human Rights may not be a legally
binding instrument but it shows how India understood the nature of human
rights at the time the Constitution was adopted.
In the case of Jolly George Varghese v. Bank of Cochin the point
involved was whether a right incorporated in the Covenant on Civil and
Political Rights, which is not recognised in tie Indian Constitution, shall be
available to the individuals in lndia. Justice Krishna Iyer reiterated dualism and
asserted that the positive commitment of the State Parties ignites legislative
action at home but does not automatically make the Covenant an enforceable
part of the Corpus Juris in India. Thus, although the Supreme Court has stated
that the Universal Declaration cannot create a binding set of rules and that
44
even international treaties may at best inform judicial institutions and inspire
legislative action.
In the judgement given in the Chairman, Railway Board and others v.
Mrs. Chandrima Das, the Supreme Court observed that the Declaration has
the international recognition as the Moral Code of Conduct having been
adopted by the General Assembly of the United Nations. The applicability of the
Universal Declaration of Human Rights and principles thereof may have to be
read, if need be, into the domestic jurisprudence.
INDIAN LAW RELATING TO HUMAN RIGHTS
The following is a list of some of the important national statues which have a
bearing on the promotion/protection of human rights.
1. Constitution of India (Preamble, parts III, IV and IVA, Articles 226, 300A,
325, 326)
2. Protection of human rights Act, 1993.
‘The Act provides for the constitution of a human Rights Commission, State
Human Rights Commissions, and Human rights Courts for better protection of
human rights.’
3. National Commission for scheduled castes and scheduled tribes.
4. National Commission for minorities Act, 1992.
5. National Commission for women Act, 1990.
6. Protection of civil Rights Act, 1955.
7. Scheduled castes and scheduled tribes (prevention of Atrocities) Act,
1989.
8. Employment of manual Scavengers and construction of Dry latrines
(Prohibition) Act, 1993.
9. Immoral traffic (Prevention) Act, 1956.
10. Indecent Representation of women (Prohibition) Act, 1986.
11. Dowry Prohibition Act, 1961.
12. Commission of Sati (Prevention)Act, 1987
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 13. Maternity Benefit Act, 1961.
14. Child Marriage restraint Act. 1929.
15. Children (Pledging of labor) Act, 1933
16. Children Act, 1960
17. Child labor (Prohibition and regulation) Act, 1986
Some other important statues are the following:
1. The pre-natal Diagnostic techniques (regulation and prevention of
Misuse) Act, 1994
2. Medical termination of Pregnancy Act, 1971.
3. The transplantation of human organs Act, 1994.
4. Orphanages and other Charitable Home (Supervision and Control) Act,
1960
5. The SAARC Convention Suppression of terrorism.
6. Environmental protection Act, 1986.
7. BEEDI and CIGARATE workers (Conditions of employment) Act, 1966.
8. BEEDI Workers welfare fund Act, 1976.
9. Trade Unions Act, 1976.
10. Industrial Disputes Act, 1947.
11. Workmen’s compensation Act, 1923.
12. Industrial employment standing order Act, 1946.
13. Factories Act, 1948.
14. Employees state insurance Act, 1948.
15. Minimum wages Act, 1948.
16. The employees Provident Funds and miscellaneous Provisions Act, 1952.
17. Apprentices Act, 1961.
18. Equal remuneration Act, 1976.
19. Payment of wages Act, 1936.
International Covenant on Economic, Social and culture (1966)

46
The first major elucidation of the Charter provisions relating to human rights
came with UHDR, drafted after two year years of study by the commission on
human rights established under Article 68 of the Charter by the Economic and
Social Council and approved and adopted (at Geneva) without dissenting vote,
by the General Assembly on 10th December 1948.
Declaration provides that, “All human beings are born free and equal in dignity
and rights. They are endowed with reason and conscience and should act
towards one another in a spirit of brotherhood.
That everyone is entitled to all rights and freedoms set forth in this
Declaration, such as race, colour, sex, language, religion.

It consists following rights

PART 1
1. Article 1
 They freely determine their political status and freely pursue their
economic, social and cultural development.
 All people may. Freely dispose of their natural wealth and resources
without prejudice to any obligations
PART 2
2. Article 2
 The states parties to the present covenant undertake to guarantee that
the rights enunciated in the present covenant will be exercised without
discrimination of any kind as to race, color, sex, language, religion,
political.

47
  Developing countries, with due regard to human rights and their
national economy, may determine to what extent they would
guarantee the economic rights.
3. Article 3 : The states parties undertake to ensure the equal right of men
and women to the enjoyment of all economic, social and cultural rights.
4. Article 5
 State, group or person has to prohibit any right to engage in any
activity or to perform any act aimed at the destruction of any of the
rights or freedoms recognizes herein.
 No restriction upon or derogation from any of the fundamental human
rights recognized.
PART 3
5. Article 6 : It will recognize the right to work, which include the right of
everyone to the opportunity to gain his living by work.
6. Article 7 : It will give the right of everyone to the enjoyment of just and
favorable conditions of work which ensure, in particular:
 Remuneration which provides all workers, as a minimum,
 Fair wages and equal remuneration for work of equal value.
7. Article 8
 It will ensure:
 The right of everyone to form trade unions and join the trade
 The right of trade unions to establish national federation
 The right of trade unions to functions freely subject to no
limitations
 This article shall not prevent the imposition of lawful restrictions on
the exercise of these rights by members of the armed forces or of the
police or of the administration of the state.
8. Article 9 : It will recognize the right of everyone to social security,
including social insurance.

48
 9. Article 10 : The widest possible protection and assistance should be
accorded to the family, which is the natural and fundamental group unit
of society,
10. Article 11
 It will recognize the right of everyone to an adequate standard of living
for himself and his family,
 To improve methods of production, conservation and distribution of
food by making full use of technical and scientific knowledge.
11. Article 12 : It will recognize the right of everyone to the enjoyment of the
highest attainable standard of physical and mental health.
12. Article 13 : It will recognize the right of everyone to education.
 Primary education shall be compulsory and available free to all;
 Secondary education in its different forms, including technical and
vocational secondary education, shall be made generally available and
accessible to all by every appropriate means,
13. Article 14 : It will work out and adopt a detailed plan of action for the
progressive implementation.
14. Article 15 :
 To take part in cultural life;
 To enjoy the benefits of scientific progress and its applications;
 To benefit from the protection of the moral and material interests
resulting from any scientific, literary or artistic production of which he
is the author.
PART 4
15. Article 16
 It will undertake to submit in conformity with this part of the Covenant
reports on the measures which they have adopted
 all reports shall be submitted to the secretary-general of the united
nations, who shall transmit copies to the economic and social council

49
 for consideration in accordance with the provisions of the present
covenant;
16. Article 17 : Reports may include factors and difficulties affecting the
degree of fulfillment of obligations under the present Covenant.
17. Article 18 : The economic and social Council may make arrangements
with the specialized agencies in respect of their reporting to it on the
progress made in achieving the observance of provisions of the present
covenant.
18. Article 19 : The economic and social human rights for study submitted
by states in accordance with articles 16 and 17 and those concerning
human rights submitted by the specialized agencies in accordance with
Article 18.
19. Article 20 : Specialized agencies concerned may submit comments to the
economic and social Council on any general recommendation
20. Article 21 : The economic and social Council may submit from time to
time to the general Assembly reports with recommendations of a general
nature and a summary of the information received from the states parties
to the present covenant
21. Article 22 : The economic and social covenant may bring to the attention
of other organs of the United Nations, their subsidiary organs and
specialized agencies concerned by furnishing technical assistance for
matters arising out of the reports.
22. Article 23 : Rights recognized in the present covenant includes such
methods as the conclusion of conventions, the adoption of
recommendations, the furnishing of technical assistance and the holding
of regional meetings and technical meetings for the purpose of
consultation and study organized in conjunction with the governments
concerned.
23. Article 24 : Defines the respective responsibilities of the various organs
of the united nations and of the specialized agencies in regard to the
matters deal with in the present covenant.
50
 24. Article 25 : Nothing in present covenant shall be interpreted as impairing
the inherent right of all peoples to enjoy and utilize fully and freely their
natural wealth and resources.
PART 5
25. Article 26 : The present covenant is subjected to ratification. Instruments
of ratification shall be deposited with the secretary- general of the United
nations.
26. Article 27 : The present covenant shall enter into force three months
after the date of the deposit with the secretary-general of the united
nations of the thirty-fifth instruments of ratification or instrument of
accession.
27. Article 28 : The provision of present covenant shall extend to all parts of
federal states without any limitations or exceptions.
28. Article 29 : Any state party to the present covenant may propose an
amendment and file it with the secretary-general of the united nations.
European convention on human rights, 1950
The idea of regional arrangements for the promotion and protecting of
human rights has been gaining recognition since the adoption of the UDHR.
The European convention for the protection of human rights and fundamental
freedom was signed in Rome in November 1950 and entered into force in
September 1953. It was drafted under the auspices of the Council of Europe, an
international organization composed of 21 west European states.
The European convention on Human rights (ECHR) mainly incorporates the
civil and political rights enshrined in the UDHR. The economic, social and
cultural rights in UDHR find their way in the European social Charter of 1961.
Rights and freedom under ECHR
The following rights and freedoms are given:

51
 1. Right to life (Article 2) and right to liberty and security of person (Article
5).
2. Freedom from torture or inhuman or degrading treatment or punishment
(Article 3)
3. Freedom from slavery or servitude (Article 4, Para 1)
4. Freedom from forced compulsory labor (Article 4, Para2)
5. Right to a fair and public hearing (Article 6).
6. Non-retroactive Application of criminal law (Article 7).
7. Right to respect for his private and family life, home and correspondence
(Article 8)
8. Right to freedom of thought, conscience and religion (Article 9)
9. Right to freedom of expression (Article 10)
10. Right to freedom of peaceful assembly and freedom of association with
others (Article 11)
11. Right to marry and to found a family (Article 12)
12. Right to have effective remedy before a national tribunal against the
violations of the rights and freedoms (Article 13)
13. Right to the peaceful enjoyment of his possessions (Article 1, protocol)
14. Right to education (Article 2, Protocol1)
15. Holding of free Elections at reasonable intervals by secret ballot (Article
3, Protocol 1)
16. Abolition of death penalty (Article 1 protocol 6)
17. Freedom from expulsion from a state (Article 3, protocol 4)
18. Right of review of a conviction by a higher Court (Article 2, Protocol 7)
19. Freedom from Collective expulsion (Article 4, Protocol 4)
Protection of human rights Act, 1993
A high-level advisory committee, which was set up by the national human
rights commission under chairmanship of Mr. Justice A.M. AHMADI, former
chief justice of India, to assess the need for structural changes and

52
amendments to the protection of human rights Act, 1993, submitted its report
to the Commission on 18 October, 1999.
The committee has invited comments and suggestions on that Act. After careful
consideration, the committee finalized its recommendations and presented
these to the commission in the form of a draft Amendment Bill
The Commission, after a clause by clause discussion, formulated its views on
the amendments that are required to be made to the Act keeping In view major
impediments and structural inadequacies experienced by the commission
during the course of the Last 6 years of the operation of the Act. The report of
the Commission was sent to the Government in March 2000.
The following are some of the salient recommendations:
1. Commission to be empowered to transfer complaints pending before it to
respective state commissions
2. To amend section 30 in order to empower human rights courts at the
district level to award compensation or relief to affected persons.
3. To amend section 23(2) to provide for inquiry into a complaint of human
rights violation by national and state Commission even after the expiry of
the date of its occurrence, subject to there being good and sufficient
reasons for the same.
4. To amend section 18 to enable payment of interim compensation at any
stage during the pendency of inquiry
5. To amend section 21 to make it mandatory for every state to have a state
human rights commission, to reduce the number of members of state
Commission to 3 and to enable state Commission to have common
members.
6. To prescribe at three months time limit from the date of sub-mission for
the reports of the NHRC and state commission to be placed before the
parliament and stage legislature.

53
7. Reports to be made public after three months even if not placed before
the legislative bodies.
8. To add a proviso to section 36(1) to provide for the NHRC to entertain
either SUO MOTU, or at the instance of an aggrieved person, any matter
already considered and decided by any other Commission except on the
question of quantum of compensation, with a view to giving the
commission a certain power of judicial superintendence and powers
similar to those exercised by the Supreme Court Vis-à-vis the High Courts
under Article 136 of the constitution in order to prevent any miscarriage
of justice in any case of human rights violation.

National Human Right Commission (NHRC)

 The present struggle for human rights in India has its antecedents during
the colonial rule but it became intense and full-fledged in emergency
period as imposed by Indira Gandhi in between 1975-77.
 During the emergency period (175-77), major agitation against the
growing authoritarianism of Indira Gandhi, the then Prime Minister of
India, further widened the scope for the establishment of human rights
organisation in the country.
 The first political initiative to set up a Civil Rights Commission took as
early as 1977 in the election manifesto of Janata Party.
 In early 1983, the Minorities Commission had recommended to set up a
comprehensive National Integration-cum-Human Rights Commission and
urged the government to make a constitutional for it.
 The creation of a Human Rights Commission in each state and at the
National level was suggested by L.M. Singvi, an eminent jurist, in March
1988.
 The Governemnt of India introduced the Human Rights Commission Bill
in the Lok Sabha on 14th May, 1992. The Protection of Human Rights Bill
was passed by both the Houses of Parliament and it came on the Statute
54
 Book as Protection of Human Rights Act, 1993 (10 of 1994). The
Commission was initially constituted on 12th October, 1993 under the
Protection of Human Rights Ordinance of 28th September, 1993.
Structure of the NHRC
The unique feature of the NHRC is its well-arranged and newly developed
organizational structure. Organizationally, NHRC consists of a Chairperson,
Members, Secretary-General, Heads, Sub-heads and other staff of different
division.
1. Chairperson and Other Members: Section 3 of the Act envisages that
the Commission shall consist of
 a Chairperson who has been the Chief Justice of the Supreme Court.
 one Member who is, or has been, a. judge of the Supreme Court;
 one Member who is, or has been, the Chief Justice of a High Court;
 two Members to be appointed from amongst persons having
knowledge of, or practical experience in, matters relating to human
rights.
2. Term : The term of office of the Chairperson and members will be of five
years from the date of assumption of office or until the age of 70 years,
whichever is earlier. On ceasing to hold office, the Chairperson and
members shall be ineligible for further appointment under the
Government of India or under the Government of any state.
3. Removal : The Chairperson or any other member of the Commission can
only be removed from his office by an order- of the President on the
ground of proved misbehavior or incapacity after the Supreme Court has,
on an inquiry held in this behalf, recommended such removal.
4. Head Quarter of the Commission: The Head-quarter of the Commission
shall be at Delhi and there is an additional provision in the Act to
establish offices at other places in India with the previous approval of the
Central Government.

55
Powers relating to enquires
The commission is vested with the wide-ranging powers relating to inquiries
and investigation under the Act. Commission could exercise all the powers of a
civil court. These are as under
1. Summoning and enforcing the attendance of witness and examining them
on oath;
2. Discovery and enforcing production of any document;
3. Receiving evidence on affidavits;
4. Requisitioning any public record or copy thereof from any court or office;
5. Issuing commission for the examination of witness or documents; and
6. Any other matter which may be prescribed
Inquiry into Complaints
The Commission while inquiring into complaints of violations of human rights,
may call for information or report from the central Government or any state
government or any other authority or organization subordinate, within such
time as may be specified by it. It may proceed to inquire into the complaint on
its own;
Steps after inquiry
The Commission may take any of the following steps upon the completion of an
inquiry-
1. Where the inquiry disclose to the Commission an act of violation of
human rights. It may recommend to the concerned government or
authority the initiation of proceedings for prosecution against the
concerned person.

56
 2. Approach the Supreme Court or the High Court concerned for such
directions, as that Court may deem necessary,
3. Recommend to the concerned government or authority for the grant of
such immediate interim relief to the victim
4. Provide a copy of the inquiry report to the petitioner or his
representative;
5. Send a copy of its inquiry report together with its recommendations to
the concerned government or authority and the concerned Government
or authority shall, within a period of one month,
6. Make public its inquiry report together with the comments of the
concerned government or authority,
Procedure with respect to armed forces
The Act envisages the procedure in respect to armed forces which is at
variance with the procedure set out for complaints of violations of human
rights by any other public servant.
1. The commission shall, notwithstanding other procedure of the Act, adopt
the following procedure while dealing with complaints of violation of the
human rights by members of the armed forces-
 It may, either on its own motion or on receipt of a petition, seek a report
from the Central government;
 After the receipt of the report, it may, either not proceed with the
complaint
2. The central government shall inform the commission of the action taken
on the recommendations within three months or such further time as the
commission may allow.
3. The commission shall make public its report together with its
recommendations made to the Central Government and the actions taken
by that Government
Composition and guarantees of independence and pluralism
57
 1. To composition of the institution and the appointment of its members,
whether by means of an election or otherwise, shall be established in
accordance with a procedure which affords all necessary guarantees to
ensure the pluralist representation of the social forces (of civilian society)
involved in the promotion and protection of human rights,
2. The national instruction shall have an infrastructure which is suited to
the smooth conduct of its activities,
3. In order to ensure a stable mandate for the members of the people
institution, without which there can be no real independence.
STATE HUMAN RIGHTS COMMISSIONS
Constitution of state human rights Commissions
1. The state Commissions shall consist of-
 A chairperson who has been a chief justice of a high Court,
 one member who is, or has been , a judge of a high Court;
 one member who is, or has been, a district judge in that state;
 two member to be appointed from amongst persons having
knowledge of, or practical experience in, matters relating to human
rights,
2. There shall be a secretary who shall be the chief executive office of the
state commissions and shall exercise such powers and discharge such
functions of the state Commissions as it may delegate to him.
3. The headquarters of the state Commissions shall be at such place as the
state government may, by notification, specify.
4. A state commissions may inquire into violation of human rights only in
respect of matters relatable to any of the entries enumerated in list II and
list III in the seventh schedule to the constitution
Appointment of chairperson and other members of state commission
The chairperson and other member shall be appointed by the governor by
warrant under his hand and seal:
58
  The chief minister-chairperson
 Speaker of the legislative assembly- member
 Minister in-charge of the Department of home in the state-member
 Leader of the opposition in the Legislative assembly-member
Term of office members of the state Commission
1. A person appointed as chairperson shall hold office for a term of five
years from the date on which he enters upon his office or until he attains
the age of seventy years, whichever is earlier.
2. A person appointed as a member shall hold office for a term of five years
from the date on which he enters upon his office and shall be eligible for
reappointment for another term of five years:
Functions and powers of the Commission
These functions are:
1. To inquire, on its own initiative or on a petition presented to it by a victim
or any persons on his behalf, for
 Violation of human rights
 Negligence in the prevention of such violation, by a public servant;
2. To intervene in any proceeding involving any allegation of violation of
human rights pending before a court,
3. To visit, under intimation of the state government, any jail or any other
institution under the control of the state government,
4. To review the safeguards provided by or under the constitution or any
law for the time being in force for the protection of human rights,
5. To review the factors, including acts of terrorism,
6. To study treaties and other international instruments on human rights
7. To undertake and promote research in the field of human rights;
8. To spread human rights literacy among various sections of the society
9. To encourage the efforts of non-governmental organizations and
institutions working in the field of human rights; and
59
 Commission for Schedule Caste
The National Commission for Scheduled Caste and Scheduled Tribe was
bifurcated into separate commissions namely, the National Commission for
Scheduled Castes (NCSC) and the National Commission for Scheduled
Tribe(NCST) w.e.f. 19.2.2004 by the Government of India.
Functions, Duties & Powers
1. To investigate and monitor all matters relating to the safeguards
provided for the Scheduled Castes under this Constitution.
2. To inquire into specific complaints with respect to the deprivation of
rights and safeguards of the Scheduled Castes.
3. To participate and advise on the planning process of socio-economic
development of the Scheduled Castes
4. To present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards.
5. To make in such report recommendations as to the measures that should
be taken by the Union or any State for the effective implementation of
those safeguards.
6. To discharge such other functions in relation to the protection, welfare
and development and advancement of the Scheduled Castes.
Clause (8)
The commission is vested with the wide-ranging powers relating to inquiries
and investigation under the Act. Commission could exercise all the powers of a
civil court.
These are as under
1. Summoning and enforcing the attendance of witness and examining them
on oath;
2. Discovery and enforcing production of any document;
3. Receiving evidence on affidavits;
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 4. Requisitioning any public record or copy thereof from any court or office;
5. Issuing commission for the examination of witness or documents; and
6. Any other matter which may be prescribed
Commission for Schedule Tribe
1. To investigate and monitor all matters relating to the safeguards
provided for the Scheduled Tribe under this Constitution.
2. To inquire into specific complaints with respect to the deprivation of
rights and safeguards of the Scheduled Tribe.
3. To participate and advise on the planning process of socio-economic
development of the Scheduled Tribe
4. To present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards.
5. To make in such report recommendations as to the measures that should
be taken by the Union or any State for the effective implementation of
those safeguards.
6. To discharge such other functions in relation to the protection, welfare
and development and advancement of the Scheduled Tribe. These are as
under-
 Measures that need to be taken over conferring ownership rights in
respect of minor forest produce to the Scheduled Tribes living in
forest areas.
 To safeguard rights to the Tribal communities over mineral
resources, water resources etc. as per law.
 For the development of tribals and to work for livelihood strategies.
 Improve the efficacy of relief and rehabilitation measures for tribal
groups displaced by development projects.
Clause (8)

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The commission is vested with the wide-ranging powers relating to inquiries
and investigation under the Act. Commission could exercise all the powers of a
civil court.
These are as under
1. Summoning and enforcing the attendance of witness and examining them
on oath;
2. Discovery and enforcing production of any document;
3. Receiving evidence on affidavits;
4. Requisitioning any public record or copy thereof from any court or office;
5. Issuing commission for the examination of witness or documents; and
National Commission for Women
NCW has the mandate of protecting and promoting the interests of women. It
was set up as statutory body in January 1992 under the National Commission
for Women Act, 1990
Function
1. To investigate and monitor all matters relating to the safeguards
provided for the Women under this Constitution.
2. To inquire into specific complaints with respect to the deprivation of
rights and safeguards of the Women.
3. To participate and advise on the planning process of socio-economic
development of the Women
4. To present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards.
5. To make in such report recommendations as to the measures that should
be taken by the Union or any State for the effective implementation of
those safeguards.
6. To discharge such other functions in relation to the protection, welfare
and development and advancement of the Women. These are as under-

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  To look into derivation of women’s rights.
 To look into non-implementation of laws enacted to provide
protection to women
 To look into non-compliance of policy decisions, guidelines or
instructions aimed at mitigating hardships and ensuring welfare and
providing relief to women.
 To evaluate the progress of women.
National Commission for Minorities
National Commission for Minorities has the mandate of protecting and
promoting the interests of Minorities in the country. It was set up as statutory
body under the National Commission for Minorities Act, 1992.
Originally, five minority communities were covered under the 1992 Act, which
were Sikhs, Buddhists, Parsis, Christians and Muslims, later on Jainism was
also included in the list.

Function
1. To investigate and monitor all matters relating to the safeguards
provided for the minority under this Constitution.
2. To inquire into specific complaints with respect to the deprivation of
rights and safeguards of the minority.
3. To participate and advise on the planning process of socio-economic
development of the minority
4. To present to the President, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards.
5. To make in such report recommendations as to the measures that should
be taken by the Union or any State for the effective implementation of
those safeguards.

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 6. To discharge such other functions in relation to the protection, welfare
and development and advancement of the minority. These are as under-
 To look into derivation of minority rights.
 To look into non-implementation of laws enacted to provide
protection to minority
 To look into non-compliance of policy decisions, guidelines or
instructions aimed at mitigating hardships and ensuring welfare and
providing relief to minority.
 To evaluate the progress of minority.
The commission is vested with the wide-ranging powers relating to inquiries
and investigation under the Act. Commission could exercise all the powers of a
civil court. These are as under
1. Summoning and enforcing the attendance of witness and examining them
on oath;
2. Discovery and enforcing production of any document;
3. Receiving evidence on affidavits;
4. Requisitioning any public record or copy thereof from any court or office;
5. Issuing commission for the examination of witness or documents; and
6. Any other matter which may be prescribed
Non-Governmental Organizations (NGOs)

The term non-governmental or non-profit is normally used to cover the range

of organisations which go to make up civil society. Such organisations are
characterised, in general, by having as the purpose of their existence
something other than financial profit. However, this leaves a huge multitude of
reasons for existence and a wide variety of enterprises and activities. NGOs
range from small pressure groups on, for example, specific environmental
concerns or specific human rights violations, through educational charities,
women's refuges, cultural associations, religious organisations, legal
foundations, humanitarian assistance programmes and the list could continue
all the way to the huge international organisations with hundreds or even
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thousands of branches or members in different parts of the world.
In this section, we look briefly at the significant role that such organisations
have had, and continue to have, in the protection of human rights throughout
the world. At nearly every level of the different attempts to preserve the
dignity of individual citizens when this is threatened by the power of the state,
NGOs play a crucial role in:

 fighting individual violations of human rights either directly or by

supporting particular ‘test cases' through relevant courts
 offering direct assistance to those whose rights have been violated
 lobbying for changes to national, regional or international law
 helping to develop the substance of those laws
 promoting knowledge of, and respect for, human rights among the
population.

How do NGO’s protect Human Right?

NGOs may attempt to engage in the protection of human rights at various
different stages or levels, and the strategies they employ will vary according to
the nature of their objectives – their specificity or generality; their long-term
or short-term nature; their local, national, regional or international scope, and
so on.
a. Direct assistance
It is particularly common for NGOs working on social and economic rights to
offer some form of direct service to those who have been victims of human
rights violations. Such services may include forms of humanitarian assistance,
protection or training to develop new skills. Alternatively, where the right is
protected by law, they may include legal advocacy or advice on how to present
claims.
b. Collecting accurate information
If there is a fundamental strategy lying at the base of the different forms of
NGO activism, it is perhaps the idea of attempting to "show up" the
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perpetrators of injustice. Governments are very often able to shirk their
obligations under the international treaties, or other rights standards, that
they have signed up to because the impact of their policies is simply not known
to the general public. Collecting such information and using it to promote
transparency in the human rights record of governments is essential in holding
them to account and is frequently used by NGOs.
They attempt to put pressure on people or governments by identifying an issue
that will appeal to people's sense of injustice and then making it public.
c. Campaigning and lobbying
International actors often engage in campaigning and advocacy in order to
bring about a policy change. Again, there are numerous forms, and an NGO will
try to adopt the most appropriate one, given the objectives it has in mind, the
nature of its "target", and of course, its own available resources. Some common
practices are outlined below.

 Letter-writing campaigns are a method that has been used to great effect
by Amnesty International and other NGOs. People and organisations
"bombard" government officials with letters from thousands of its
members all over the world.
 Street actions or demonstrations, with the media coverage that these
normally attract, may be used when organisations want to enlist the
support of the public or to bring something to the public eye in order to
'name and shame' a government.
 The media will frequently play an important part in lobbying practices,
and social media and the Internet are now assuming an increasingly
significant role.
 Shadow reports are submitted to UN human rights monitoring bodies to
give an NGO perspective of the real situation regarding the enjoyment of
human rights in a particular country.

In addition to demonstrations of support or public outrage, NGOs may also

engage in private meetings or briefings with officials. Sometimes the mere
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threat of bringing something to the public eye may be enough to change a
policy or practice, as in the story below. Whilst this used to be mobilised, at
one time, through tapes, posters and faxes, it is now mobilised through email
campaigns and petitions, internet sites, blogs and electronic social networks.
d. Human rights education and awareness
Many human rights NGOs also include, at least as part of their activities, some
type of public awareness or educational work. Realising that the essence of
their support lies with the general public, NGOs will often try to bring greater
knowledge of human rights issues to members of the public.
COLLECTIVE HUMAN RIGHTS
The establishment of the collective human rights is the result of new needs of
human. The developing human, international, social procedure and moralizing
the international rights and human rights and also weaknesses of the first and
second generations led to appearance of the collective human rights.
The rights of collective human rights or unity rights do not talk about human;
but put emphasis on the universal citizen. In contrast with the first and second
generations which are products of theories (liberalists and socialists), the
collective human rights of rights is the result of human experience and human
life realities has caused them to form.
The most important features of the collective human rights are:
1. Establishing a powerful feeling among members of the universal society,
2. the inability of not deviating the commitments to such rights for the
harms they cause to all,
3. putting emphasis on subjects higher than the geographical areas or
special economic and political systems, and
4. specifying the rights which are made as the results of human presence in
the human society.
Most instances of the collective human rights of human rights (unity
rights) are:
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  development right,
 peace right,
 right of human in choosing his destiny,
 right to have a healthy environment,
 right to human common wealth, right to philanthropic aids and the right
to communication.
 The right to food sovereignty
 Cultural rights and traditional knowledge
 The right to a safe, clean and healthy environment
 Intellectual property rights
 Right to housing, clothing, livelihood
 Right to maintain social status.
Human Rights Day 10 December

Every year on 10 December, the world celebrates Human Rights Day, the very
day when, in 1948, the United Nations General Assembly adopted the
Universal Declaration of Human Rights.

The Declaration consists of a preamble and 30 articles that set out a broad
range of fundamental human rights and freedoms to which all of us,
everywhere around the world, are entitled. It guarantees our rights without
distinction of nationality, place of residence, gender, national or ethnic origin,
religion, language, or any other status.

The Declaration was drafted by representatives of all regions and legal

traditions. It has over time been accepted as a contract between Governments
and their peoples. Virtually all States have accepted the Declaration. It has
since served as the foundation for an expanding system of human rights
protection that today focuses also on vulnerable groups such as persons with
disabilities, indigenous peoples and migrants.
INTERNATIONAL CONVENTION ON THE RIGHTTS OF THE CHILD, 1989

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In 1989, world leaders made a historic commitment to the world’s children by
adopting the United Nations Convention on the Rights of the Child – an
international agreement on childhood.
It’s become the most widely ratified human rights treaty in history and has
helped transform children’s lives around the world.
But still not every child gets to enjoy a full childhood. Still, too many
childhoods are cut short.
It is up to our generation to demand that leaders from government, business
and communities fulfill their commitments and take action for child rights
now, once and for all. They must commit to making sure every child, has every
right.
In 1989 something incredible happened. Against the backdrop of a changing
world order world leaders came together and made a historic commitment to
the world’s children. They made a promise to every child to protect and fulfill
their rights, by adopting an international legal framework – the United Nations
Convention on the Rights of the Child.
Contained in this treaty is a profound idea: those children are not just objects
who belong to their parents and for whom decisions are made, or adults in
training. Rather, they are human beings and individuals with their own rights.
The Convention says childhood is separate from adulthood, and lasts until 18;
it is a special, protected time, in which children must be allowed to grow, learn,
play, develop and flourish with dignity. The Convention went on to become the
most widely ratified human rights treaty in history and has helped transform
children’s lives.
It has inspired governments to change laws and policies and make
investments so that more children finally get the health care and nutrition they
need to survive and develop, and there are stronger safeguards in place to

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protect children from violence and exploitation. It has also enabled more
children to have their voices heard and participate in their societies.
DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS & DIRECTIVE PRINCIPLE
OF STATE POLICIES
Definition of Fundamental Rights
Fundamental Rights are described as the basic rights guaranteed to every
citizen of the country under the Constitution, which helps in the proper and
balanced development of personality. These are written in Part III of the
Constitution which ensures civil liberty to all the citizens so that they can lead
their lives peacefully. Moreover, they also prevent the State from intruding
their freedom.
Fundamental Rights apply to all the citizens of the country equally, regardless
of their race, caste, creed, sex, place of birth, religion, etc. Violation of the
fundamental rights may lead to punishment under the Indian Penal Code (IPC),
based on the discretion of the judiciary. At present, the Indian Constitution
recognizes seven fundamental rights, they are:
 Right to Equality
 Right to freedom
 Right to freedom of religion
 Right against exploitation
 Cultural and Educational Rights
 Right to constitutional remedies
 Right to privacy
Definition of Directive Principles of State Policy
As it is evident from the name, Directive Principles of State Policy are the
instructions given to the central and state government of the country, so as to
refer them while formulating the laws and policies, and to ensure a just society.
The principles are embodied in Part IV and listed in article 36 to 51 of the
constitution.
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Directive Principles are non-justiciable, in the sense that they cannot be
enforced in the court of law. However, these are recognized as important in the
governance of the State. These principles aim at creating such a socio-
economic environment, which can help the citizens to live a good life. Further,
the directive principles also gauge the performance of government, concerning
the objectives achieved by it.
Key Differences between Fundamental Rights and Directive Principles
1. Fundamental Rights can be understood as the basic freedoms enjoyed by
every citizen of the country, which is recognized by society and
sanctioned by the State.
Conversely, when laws and policies are framed by the central or state
government, certain principles are considered, called as directive
principles of state policy.
2. Fundamental rights are defined under Part III of the Constitution,
comprising articles from 12 to 35.
As against, Directive Principles of State Policy are embodied under Part IV
of the Constitution, containing articles from 36 to 51.
3. Fundamental rights are negative in nature, in the sense that it prevents
the government from doing certain things.
In contrast, Directive Principles are positive, as it requires the
government to do certain things.
4. Fundamental Rights are justiciable, as they can be enforced, whereas the
directive principles are non-justiciable, in that, they are not enforceable
in the court of law.
5. While fundamental rights establish political democracy,
directive principles set social and economic democracy.

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 6. Fundamental Rights are legal sanctions,
but directive principles are moral and political sanctions.
7. Fundamental Rights follows an individualistic approach, and so it
promotes individual welfare.
On the contrary, Directive Principles promotes the welfare of the
community as a whole.
VARIOUS GENERATIONS OF HUMAN RIGHTS
The First Generation of Subjective Rights
This generation of subjective rights is the generation of civil and political rights
acquired through the force of writing and of arms. Once time passed and ideas
and concepts about state were developed, political power, and right and
freedom, appeared a fight against monarchical absolutism, struggle which will
be successful, success expressed by documents with legal force as: -

 Magna Charta in 1215

 Petition of Rights in 1628
 The Bill of Rights (Declaration of Rights) in 1689, England
 The American Declaration of Independence in 1776
 The French Declaration of Human and Citizen Rights in 1789.
It is considered that the Declaration of human and citizens’ rights from 1789
expresses in the best way the idea that there are inherent human rights, rights
that are exercised in a state which is not an end in itself, but only a mean to
ensure coexistence of individuals and the exercise of individual rights. For this
reason, it is estimated that it is an expression of the first generation of
subjective rights. " In the system of protected rights which belong to the first
generation protected by the European Convention on Human Rights and by
The Additional Protocols to this Convention we mention:
The Right to Life
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  The Right to life;
 the Right to privacy;
 Prohibition of torture and inhuman or degrading punishments;
 Prohibition of slavery and forced labor;
2. Freedom and security of a person.

 The Right to a fair trial.

 The right to property of the person or of a legal person.
 Freedom of mind, of thought and religion.
 Freedom of expression and information.
 Freedom to free elections.
The Second Generation of Subjective Rights
In the category of socio-economic and cultural rights we can identify these
categories of rights:
1. The right to work;
2. Freedom of association;
3. The right to education, learning;
4. The right to insurance for sickness, old age and disability (Social
insurance).
These rights come from positive law, as well as from international law
(International Covenant on Economic, social and cultural). The state must
intervene through legislation to create an institutional system that allows the
exercise,
For example of the right to education or retirement.
It is estimated that if the first generation rights form "free status”, social
economic rights are related to the “social status” of the individual.
The Third Generation of Human Rights

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In this category we can identify the so called solidarity rights, rights which
cannot be exerted only by an individual, but only collectively, like:
1. The right of people to self-determination;
2. The right to peace;
3. The right to development;
4. The right to humanitarian assistance;
5. Environmental law;
6. The right of sexual minorities, ethnic, religious, linguistic, etc.
These rights have a positive consecration, generally in international law. The
rights in this category cannot be exerted individually, but only by groups or
collectivities of people.
The Fourth Generation of Subjective Rights
In this category are included the so called “rights related to genetic
engineering”, rights which are on the doctrinal debate in what regards their
recognition or prohibition of certain activities. We could not put in the same
category the so called rights of future generations, as well as rights that cannot
belong to an individual nor to social groups, including nations, do they belong
only to humanity as a whole.
The rights of humanity would treat the common assets of the whole
humanity. In the same category it is possible to insert rights deriving from
exploration and exploitation of cosmic space.
HUMAN RIGHT & TERRORISM
The Terrorism Prevention Branch of UNODC believes that to effectively combat
terrorism while respecting human rights and fundamental freedoms is not only
possible but also necessary. Indeed, effective counter-terrorism measures and
respect for the rule of law, human rights and fundamental freedoms are
complementary and mutually reinforcing objectives which must be pursued
together as part of States' duty to protect individuals within their jurisdiction.
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 The United Nations Global Counter-Terrorism Strategy further reinforces the
importance of respect for human rights in any effective counter-terrorism
strategy, dedicating one of the four pillars of its Plan of Action to "Measures to
ensure respect for human rights for all and the rule of law as the fundamental
basis of the fight against terrorism".
As part of its efforts to integrate human rights training into its technical
assistance, the Branch has developed, in cooperation with Office of the United
Nations High Commissioner for Human Rights, a training module on Human
Rights and Criminal Justice Responses to Terrorism as part of its Counter-
Terrorism Legal Training Curriculum. This tool contributes to enhancing the
ability of national law enforcement and criminal justice training institutions
worldwide to effectively deliver training on the human rights aspects of
preventing and combating terrorism.
Additionally, in 2017, the Terrorism Prevention Branch published a Kenya
Training Manual on Human Rights and Criminal Justice Responses to
Terrorism, jointly produced with the UNODC's Office for Eastern Africa and
Kenyan experts and practitioners. It examines human rights issues that arise in
the course of the investigation, prosecution, and trial of terrorism offences,
through an analysis of Kenyan law, as well as regional and international law.
Human rights – two simple words but when put together they constitute the
very foundation of our existence. Human Rights are commonly understood as
“inalienable fundamental rights to which a person is inherently entitled simply
because she or he is a human being.” The most important issue, which is a
challenge to human rights, is terrorism. The clouds of terrorism have shrouded
the very beauty of human rights on the earth.
The terrorism is present and prevalent almost in all the countries in the
world in some form or the other. In India, post-independence it became a
delicate nationwide issue with the emergence of human rights trends.
Terrorism has slammed and affected almost every sphere of human life, be it
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economy or politics or social life, whatever. In broad sense, the terrorism is the
antithesis of independence and the independence is meaningless without the
human rights.
The bordering states are the most affected regions from terrorism in
India. It led India to make various laws to counter with the terrorism. Amongst
these enactments are the Terrorism and Disruptive Activities (Prevention) Act,
1987 Prevention of Terrorism Act, 2002, Indian Penal Code, section 124-A,
Sedition and 125, Waging war against India and Armed Forces (Special Power
Act, 1958 etc. to deal with the menace of terrorism. The best strategy to isolate
and defeat terrorism is by respecting human rights, fostering social justice,
enhancing democracy and upholding the primacy of the rule of law. This
Article seeks to search the various aspects and problems relating to terrorism
in India and world.
This is an attempt to look at the changing dynamics of terrorism in
context of terrorism especially of the victims of terrorism, experience of some
other countries and India, threat of terrorism to national security, the ISI's role
and suggests some measures that might form part of a possible counter
terrorism strategy for India.
Terrorism and human rights cannot co-exist they are mutually destruct
each other. Where there is terrorism there is not human rights, where there
are no human rights, there can be no respect for human dignity, life and
democratic values. Terrorism not only affects the human rights of many but
also hinders the resolution and settlement of disputes and conflicts by civil
methods. The problem of terrorism transcends all frontiers whether national,
international, political or economic. Its solution calls for a global efforts,
international co-operation and trans-national actions.[1] Terrorism is a serious
world problem not because of sheer amount of violence involved but because
it constitute a threat to innocent life and right.[2] Terrorism is a voluntary
action to terrorize innocent people. It is a according to dictionary meaning a
use of violence and threat of violence, especially for political purpose.
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Meaning of Terrorism
The term terrorism has derived from Latin word ‘terrere’ which means great
fear. The term terrorism is very difficult to define; one man’s terrorism can be
another man’s freedom struggle. Terrorism is “ the act or practice or
terrorizing especially by violence for political purposes as by a Government
seeking to intimidate a population.
Instances of terrorist attack

 In the recent past the terrorist acts including

 the Boston Marathon Bomb Blast (15th April, 2013),
 attacks on world Trade Centre, New York (11th September , 2001),
 attacks on the Indian Parliament (13Lb December, 201),
 Mumbai attack (26th November , 2008),
 the Malegaon blasts or the Serial Blasts in Delhi, Ahmadabad , Surat,
 Mumbai Local Trains,
and many more has come to threaten the very foundation of modern
civilization society and these acts assumed new dimensions. India has been a
long time sufferer of terrorism be it in the North east, Punjab or Jammu and
Kashmir but now terrorism has dangerously spread to other parts of the
country with help of International agencies and groups actively participating in
terrorism m increasing proportion .
Human rights and Terrorism can be study by following case laws
The Supreme Court of India in Kartar Singh v State of Punjab where it was
observed that the country has been in the firm grip of spiraling terrorist
violence and is caught between deadly pangs of disruptive activities.
Supreme Court of India as far back as in 1994 dwelt at length on it and drew a
distinction between a merely criminal act and terrorist act in its
judgment Hitendra Vishnu Thakur v State of Maharashtra. “It may be
possible to describe it (Terrorism) as use of violence with a view to disturb

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even tempo, peace and tranquility of the society and create a sense of fear and
insecurity ."
In Devendra Pal Singh v N.C. T. of Delhi where 9 persons had died and
several others injured on account of terrorist act and the Apex Court under the
circumstances of the case said that such terrorist have no respect for hum an
life and they should be given death sentence.

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