1

Human rights law and practice

Q.1
Q.1 discuss the history and development of human rights.

Q.2 explain the human rights in pre independence and post-independence.

Q.3 explain fully the historical development, concept, and importance of human right.

Q.4 explain the classification and various theories of human rights.

Q.5 discuss in detail various human rights vis-a-vis with fundamental rights under the
constitution of India.

Q.2
Q.6 describe the human rights of national ethnic, religious and linguistic people in India.

Q.7 explain human rights of women and children's.

Q.8 explain the provisions regarding human rights of accused and prisoners with case law.

Q.9 human rights of refuges and minorities

Q.3
Q.10 hey explain the human rights in the context of Indian constitution.

Q.11 discuss the function of national human rights commissions in detail.

Q.12 critically discuss the objectives and silent features of protection of Human Rights Act 1993

Q.13 UNO and human rights

Q.14 Indian constitution and human rights

Q.15 discuss the human rights of freedom of life and equality under the Indian constitution with
case law.

Q.4
Q.16 explain the UN declarations for development of human rights.

Q.17 discuss the cultural and political rights under the Geneva declaration.

Q.18 explain the constitution and functions of National Commission for backward classes.

Q.19 write short note

1) important provisions of Universal Declaration of human rights 1948

2) international convict on civil and political rights 1966

3) convey on economic, social and cultural rights 1966

Q.20 state the constitution, powers and functions of national Human Rights Commission.
 2

Q.5
Q.21 write a short note

1) human rights of indigenous person

2) public interest litigation and human rights

Q.22 human rights and terrorism

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Human rights law and practice

Q.1
Q.1 discuss the history and development of human rights.

1. Concept of Human Rights

2. What is the History of Human Rights in India?

3. Human Rights in Ancient India

4. Human Rights in Medieval India

5. Human Rights in Modern India

6. Development of Human Rights in Contemporary India

7. Conclusion

Concept of Human Rights

Human rights are inherent entitlements possessed by individuals by virtue of being human.
These rights are universally and equally applicable to all people, enduring throughout time. As
stated in the quote, “All individuals are born free and equal in dignity and rights. They possess
reasoning and conscience and should treat each other with a sense of solidarity.” This
perspective aligns with the belief that humans hold a unique intrinsic value that distinguishes
them from lifeless objects. To infringe upon a human right would signify a failure to acknowledge
the inherent value of human existence.

The concept of human rights has evolved over history and has remained intertwined with legal,
cultural and religious practices. Many societies have upheld principles akin to the “golden rule”
– treating others as one wishes to be treated. The ancient texts of the Hindu Vedas, the
Babylonian Code of Hammurabi, the Bible, the Quran (Koran) and the Analects of Confucius
exemplify some of the earliest written sources addressing questions of responsibilities, rights
and duties.

Di erent countries ensure these rights through varying approaches. For instance, in India, these
rights are enshrined in the Constitution as fundamental rights, o ering statutory guarantees.
Conversely, in the UK, these rights are established through legal precedent, with courts
establishing various principles through case law. Moreover, international law and conventions
also furnish specific safeguards for these rights.

What is the History of Human Rights in India?

The history of human rights in India can be divided into three stages: Ancient, Medieval and
Modern.

Human Rights in Ancient India

The history of human rights in India has deep roots within Indian political thinkers and
philosophers, dating back to ancient civilizations.

In antiquated India, legal principles were founded on Dharma, which aimed to promote the well-
being of all beings and prevent harm among them, as evident in Epics like Ramayana and
 4

Mahabharata. The Bhagavad Gita emphasises righteousness as the core of Dharma. The
Upanishads regard Dharma as the fundamental underpinning of the entire universe. The Vedas
and Smritis advocate the concept of “Vasudhaiva Kutumbakam,” portraying the world as a
unified family. All four Vedas underscore equality and dignity for every human.

Buddha’s teachings played a significant role in safeguarding human rights. The renowned King
Ashoka e ectively established a welfare state for his subjects, ensuring basic freedoms and
rights.

Consequently, it’s evident that ancient Indian literary works actively promoted and endorsed
human rights, liberty, freedom and equality for all individuals, regardless of discrimination
based on caste, creed, gender, sex or religion.

Human Rights in Medieval India

The Medieval period in India marks the era of Muslim rule. Before the Mughal rule, there were
existing rights related to society, politics, culture and religion. However, with the arrival of the
Mughals, the concept of human rights faced challenges. Nevertheless, during Akbar’s reign
(1526-1605), significant emphasis was placed on social, religious and political rights.

Akbar introduced a religious policy called Din-E-Ilahi (divine religion), which aimed to promote
secularism and religious tolerance. Moreover, religious movements like Bhakti (Hindu) and Sufi
(Islamic) played a crucial role in advancing the history of human rights in India. However, these
advancements were sometimes suppressed by other Mughal Emperors such as Babar,
Humayun and Aurangzeb.

Human Rights in Modern India

The British rule in India can be seen in the Modern period. During this period, the British
government of India not only restricted the freedom of its people but also built its foundation
upon exploiting the masses, causing economic, political, cultural and spiritual harm to India.

After enduring colonial rule, every Indian firmly believed that the recognition, safeguarding and
implementation of human rights were not only fundamental but also essential for leading a
civilized life.

Key constitutional provisions in India contribute to the history of human rights in India in
modern times. These include the Preamble, Fundamental Rights, Directive Principles of State
Policy, recently added Fundamental Duties, reservations for scheduled castes and tribes, and
special provisions for Anglo-Indians and other backward classes.

When examining human rights in relation to the Indian Constitution, it becomes evident that the
Constitution incorporates nearly all the human rights outlined in various international
agreements, covenants and treaties. Some of these include:

 Universal Declaration of Human Rights, 1948

 International Covenant on Economic, Social and Cultural Rights, 1976

 International Covenant on Civil and Political Rights, 1976

 Convention on the Prevention and Punishment of the Crime of Genocide, 1948

 International Convention on the Elimination of All Forms of Racial Discrimination, 1965

 5

 Convention on the Elimination of All Forms of Discrimination against Women, 1979

 Convention on the Rights of the Child, 1989

 Convention on the Rights of Persons with Disabilities, 2006

In addition to these constitutional provisions, various laws have been enacted by the Indian
legislature to safeguard and promote human rights. Some significant legislations introduced by
the union include:

 Protection of Human Rights Act, 1993

 National Commission for Minorities Act, 1992

 National Commission for Women Act, 1990

 Protection of Civil Rights Act, 1995

 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989

 Immoral Tra ic (Prevention) Act, 1987

 Bonded Labor System (Abolition) Act, 1976

 Juvenile Justice (Care and Protection of Children) Act, 2000

 Child Labor (Prohibition and Regulation) Act, 1986 and more.

India has also implemented numerous labour-related legislative measures to ensure social
security, significantly influenced by the standards set by the International Labor Organization
(ILO).

Through these means, the concept of human rights in India has evolved and firmly taken root.

Development of Human Rights in Contemporary India

The Constitution of India, in Part III, encompasses a range of fundamental rights accessible to
Indian citizens. This approach aimed to make the Universal Declaration of Human
Rights (UDHR) legally enforceable within the country. Articles 14-30 in Part III outline potential
rights for citizens. Moreover, Part IV incorporates Directive Principles, o ering the State
supplementary suggestions to ensure the well-being of its populace.

Initially, the judiciary had a rigid stance in handling cases. However, they later embraced the
concept of “Audi Alteram Partem” to approach cases more flexibly and introduce subjectivity.
This shift is evident in the interpretation of Article 21. The following judgments will help you to
understand the history and development of human rights in India in the contemporary era.

In the case of A.K. Gopalan v State of Madras, Article 21 was narrowly interpreted, almost
equating the right to life with mere animal existence. Yet, the landmark case of Maneka Gandhi v
Union of India expanded the scope of Article 21, linking it to Articles 14 (Right to Equality), 19
(fundamental freedoms) and 21 (Right to Life and Liberty). The concept of the Right to Life now
encompasses an individual’s culture, tradition and guards against potential violations of
fundamental rights.
 6

Conclusion

The history of human rights in India traces a path from ancient principles of Dharma to
constitutional recognition of fundamental rights and directive principles.

While landmark cases have expanded interpretations, challenges remain in addressing issues
like domestic violence and preserving freedom of expression.

Q.2 explain the human rights in pre independence and post-independence.

In India, the concept and practice of human rights have evolved significantly both before and
after independence. Here's a comparison of human rights in pre-independence and post-
independence India:

Pre-Independence:

1. Colonial Oppression: India was under British colonial rule for nearly two centuries,
during which various human rights violations occurred. The British Raj suppressed
political dissent, curtailed civil liberties, and exploited Indian resources, leading to
widespread poverty and inequality.

2. Struggles for Independence: The pre-independence period in India was marked by

numerous movements and protests against British rule, with leaders like Mahatma
Gandhi, Jawaharlal Nehru, and Bhagat Singh advocating for independence and social
justice. These movements were often met with violent repression from colonial
authorities.

3. Impact on Civil Liberties: British colonial rule severely restricted civil liberties in India.
Freedom of speech, assembly, and association were curtailed, and dissenting voices
were often silenced through censorship and arbitrary arrests. Indians faced
discrimination based on race, religion, and caste under colonial laws and policies.

4. Challenges for Marginalized Communities: Dalits (formerly known as Untouchables),

indigenous tribes, and other marginalized communities faced systemic discrimination
and oppression under colonial rule. Their rights to land, education, and political
representation were often denied or severely restricted.

Post-Independence:

1. Constitutional Guarantees: India's Constitution, adopted in 1950, enshrines a wide

range of fundamental rights, including equality before the law, freedom of speech and
expression, freedom of religion, and the right to life and personal liberty. These rights
provide a framework for protecting human rights in post-independence India.

2. Social Justice and Welfare Policies: Independent India has implemented various
social welfare policies aimed at promoting social justice and economic development.
Initiatives such as a irmative action (reservation) for marginalized communities, land
reforms, and poverty alleviation programs seek to address historical injustices and
reduce socio-economic inequalities.

3. Challenges of Democracy: While India is the world's largest democracy, it faces

challenges such as corruption, political polarization, and attacks on freedom of
 7

expression. Human rights defenders, journalists, and activists often face threats,
harassment, and violence for speaking out against injustice and government policies.

4. Protection of Minorities: India is home to diverse religious, linguistic, and ethnic

communities. While the Constitution guarantees religious freedom and prohibits
discrimination on grounds of religion, ethnicity, or caste, minority communities, such as
Muslims and Christians, have sometimes faced discrimination, communal violence,
and targeted attacks.

5. Gender Equality: India has made progress in advancing gender equality and women's
rights since independence. Laws addressing issues such as dowry, domestic violence,
and workplace discrimination have been enacted, and women have gained greater
representation in politics, education, and the workforce. However, challenges such as
gender-based violence, unequal access to resources, and cultural attitudes persist.

In summary, while pre-independence India experienced colonial oppression and violations of

human rights, post-independence India has made e orts to uphold constitutional guarantees
and promote social justice. However, challenges remain in ensuring the full realization of
human rights for all citizens, particularly marginalized communities and vulnerable groups.

Q.3 explain fully the historical development, concept, and importance of human right.

The concept of human rights revolves around the fundamental idea that every individual
possesses certain inherent rights and freedoms simply by virtue of being human. These rights
are universal, inalienable, and indivisible, meaning they apply to all people, cannot be taken
away, and are interconnected. Human rights encompass a broad spectrum of civil, political,
economic, social, and cultural rights that are essential for human dignity, equality, and well-
being.

Here are 15 important aspects of human rights:

1. Dignity and Respect: Human rights a irm the inherent dignity of all individuals and
their entitlement to be treated with respect and fairness.

2. Universality: Human rights apply to all people, regardless of nationality, ethnicity,

religion, gender, or any other status.

3. Inalienability: Human rights cannot be surrendered or forfeited under any

circumstances. They belong to every individual by virtue of their humanity.

4. Indivisibility: Human rights are interconnected and interdependent. The enjoyment of

one right often depends on the fulfillment of others.

5. Protection Against Abuse: Human rights serve as a safeguard against abuses of power
by governments, individuals, or entities. They provide a framework for addressing
discrimination, injustice, and oppression.

6. Legal Framework: Human rights are protected and promoted through international and
domestic laws, including treaties, conventions, declarations, and customary law.
 8

7. Equality and Non-Discrimination: Human rights advocate for equal treatment and
protection under the law, regardless of race, ethnicity, gender, religion, disability, sexual
orientation, or other status.

8. Freedom and Liberty: Human rights uphold freedoms such as freedom of speech,
assembly, association, religion, and movement, enabling individuals to express
themselves and pursue their interests without interference.

9. Social Justice: Human rights promote principles of justice, fairness, and equity in
society. They advocate for equal opportunities, access to resources, and protection of
marginalized and vulnerable groups.

10. Right to Life: Human rights include the right to life, which encompasses protections
against arbitrary deprivation of life, torture, and cruel, inhuman, or degrading treatment.

11. Right to Education: Human rights recognize the right to education as essential for
personal development, empowerment, and participation in society.

12. Right to Health: Human rights include the right to health, which entails access to
healthcare services, sanitation, and essential medical treatment without discrimination.

13. Freedom from Slavery: Human rights prohibit slavery, servitude, forced labor, and
human tra icking in all forms.

14. Right to Work and Fair Labor Practices: Human rights uphold the right to work under
fair and favorable conditions, including just wages, reasonable working hours, and safe
working environments.

15. Accountability and Remedies: Human rights entail mechanisms for holding
governments and individuals accountable for human rights violations and providing
remedies to victims, including access to justice, reparations, and institutional reforms.

In summary, human rights are essential for promoting human dignity, equality, justice, and
peace in societies worldwide. They provide a framework for upholding individual freedoms,
protecting vulnerable populations, and building inclusive and sustainable communities.

Q.4 explain the classification and various theories of human rights.

Introduction

The basic rights which are moral principles or norms set for standard human behaviour,
protected by municipal or international law are called human rights. These are available to every
human being irrespective of their age, caste, creed, gender, religion, race, origin or location.
These are termed inalienable fundamental rights, inherent in by all human beings. They also
impose an obligation on other human beings not to infringe on the human rights of any person.
Also, according to John Locke’s theory of inalienable rights, individuals are born equal and with
some basic natural rights which are inalienable and can never be taken away. These rights
include right to life, liberty and property which is also recognized in fundamental rights
guaranteed by a country to its citizens. The Universal Declaration of Human
Rights (UDHR) deals with all the human rights made available to a person from birth. It is a
milestone document defining every human right and was adopted by the UN General Assembly
 9

in 1948 containing 30 articles. These are universally protected by the United Nations Human
Rights Council.

What are Human Rights

Human beings are described as rational beings and thus given certain basic rights since birth.
These rights are inherent in all human beings as they become operative at the birth of a person.
These rights govern the physical, moral, spiritual, and social welfare of a person. They are also
known as fundamental rights, basic rights, inherent rights, natural rights, and birth rights.

i. Classification of Human Rights

a. Theoretical classification of human rights
i. Natural rights
ii. Moral rights
iii. Legal rights
iv. Economic rights, cultural Rights and social rights

Classification of Human Rights

Human rights are inherent and interdependent on each other and so there are not many
di erent kinds of human rights. All these rights are equally important and inherent in all human
beings, irrespective of their age, sex, caste, creed, race, religion, location, or nationality. The
Universal Declaration of Human Rights did not precisely categorise human rights but mentioned
2 kinds:

 Civil and political rights

 Economic, social, and cultural rights

Theoretical classification of human rights

1. Civil and political rights

The rights that protect the life and personal liberty of a person are called civil rights. They are
necessary to maintain the dignity of a person. These include rights like the right to life, liberty
and security of a person, the right to privacy, the right to own property, freedom of thought,
religion and movement.

Political rights are such rights that allow a person to participate in governmental activities.
These include rights like the right to vote and the right to be elected. The nature of such rights is
di erent, but they are interrelated to each other. Both these rights are covered in the
International Covenant on Civil and Political Rights.

These rights are also called first-generation rights and are derived from 17th and 18th-century
theories related to the American, English, and French Revolutions. These form a part of negative
rights because the government abstains from doing such activities or forming policies that
violate these rights. The following civil and political rights are recognised in the declaration of
human rights by the United Nations:

 Right to life, personal liberty, and security (Article 3)

 Freedom from slavery (Article 4)

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 The prohibition against torture and inhuman treatment (Article 5)

 Equality before the law and equal protection (Article 7)

 Remedy before national tribunals (Article 8)

 Freedom from arrest, which is arbitrary in nature (Article 9)

 Right to a fair trial and public hearing by an impartial tribunal (Article 10)

 Freedom from ex-post-facto laws (Article 11)

 Right to privacy (Article 12)

 Right to nationality (Article 15)

 Right to own property (Article 17)

 Right to freedom of religion and conscience (Article 18)

 Freedom of expression (Article 19)

 Freedom to conduct a peaceful assembly (Article 20)

 Take part in government activities (Article 21)

2. Fundamental rights

Some human rights are guaranteed to the citizens of the state through constitutional provisions
and cannot be infringed upon at any cost, even by the state authorities. These are termed as
fundamental rights. The expression ‘fundamental rights’ is stated in declarations and
constitutional provisions of many states. The Virginia Declaration of 1776 states that men are
free and independent and have certain inherent rights. The French Declaration of Rights of Man
and Citizen, 1789 provides that men are born free and have equal rights. The Indian Constitution
guarantees six fundamental rights to the citizens of the country. These are:

 Right to Equality (Article14)

 Right to freedom (Article19-22)

 Right to religion (Article 25)

 Cultural and educational rights (Article 29–30)

 Right against exploitation (Article 23– 24)

 Right to constitutional remedies (Article 32)

3. Natural rights

The history of human rights is rooted in ancient times and the philosophical concepts of natural
law and thus, also termed natural rights. Plato was one of the first writers to give a standard
ethical code of conduct. Aristotle opined that rights change as per the di erent kinds of
circumstances faced by society from time to time. Since human rights are universally
applicable to every person in the world it is similar to natural rights. Natural rights have been
derived from natural law which opines that law must reflect moral reasoning and must be
related with morals imbibed in a person or set by the society. On the other hand, positivism
 11

states that human rights are a result of enactments of statutes and orders by law which comes
with various sanctions attached to it.

4. Moral rights

Human rights that determine the spiritual and moral conduct of a person are termed moral
rights. They are primarily contained in moral rights as they highlight various moral values that
cannot be highlighted by any set of institutional rights. They promote moral values like respect
for everyone, brotherhood, secularism, protection of life, peace in society, etc. Human rights
also put moral obligations on the state and people not to violate and infringe on the rights of
other people. If done so, it will be punished as per the provisions of the set statute.

5. Legal rights

The rights that are recognised by the legal system of a country are called legal rights. The two
essential elements of these rights are:

 The holder of the right, and

 A person bound by duty.

Rights and duties are correlated to each other. A person cannot have a right without any
corresponding duty. A person having a right also has a duty not to violate another person’s
rights. Human rights are given to every individual irrespective of any considerations, and the
state has the corresponding duty to protect the rights of its citizens. Article 2 of the Universal
Declaration of Human Rights lays down that it is the primary duty of the state to promote,
protect, and implement all human rights through various measures and legislative provisions.
The government of any state should pass any such laws which infringe on the rights of the
people.

6. Economic rights, cultural Rights and social rights

These rights are also called freedoms and guarantee a person the minimum necessities of life.
These are also included in the International Covenant on Economic, Social and Cultural Rights.
These form a part of positive rights as the state is required to frame policies and provisions to
implement such rights. These rights are based on the concept of social equality and are
second-generation rights. These rights include the right to work, social security, physical and
mental health, and education. The various economic, cultural, and social rights recognised by
the Universal Declaration of Human Rights are as follows:

 Right to social security (Article 22)

 Right to work and choice of employment (Article 23)

 Right to rest (Article 24)

 Right to standard living and health (Article 25)

 Right to education (Article 26)

 Freedom to participate in cultural life (Article 27)

 Right to social and international order (Article 28)

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In addition to the above rights, there is yet another kind of right called collective rights. These
rights are enjoyed by individuals collectively and include the right to self-determination,
physical protection of the group, and the prohibition of genocide.

Q.5 discuss in detail various human rights vis-a-vis with fundamental rights under the
constitution of India.

Certainly! In India, fundamental rights are enshrined in Part III of the Constitution, ranging from
Article 12 to Article 35. These rights are akin to various human rights recognized internationally,
albeit with specific legal provisions tailored to the Indian context. Let's discuss how various
human rights correspond to specific fundamental rights under the Constitution of India:

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

 Human Right: Equal treatment and non-discrimination are fundamental

principles of human rights.

 Fundamental Right: Articles 14 to 18 of the Indian Constitution guarantee the

right to equality before the law, equal protection of the law, and prohibit
discrimination on grounds of religion, race, caste, sex, or place of birth.

2. Right to Freedom (Articles 19-22):

 Human Right: Freedom of expression, assembly, association, and movement are

essential human rights.

 Fundamental Right: Articles 19 to 22 of the Indian Constitution protect freedoms

such as speech and expression, assembly, association, movement, and
residence.

3. Right Against Exploitation (Articles 23-24):

 Human Right: Human rights prohibit slavery, servitude, forced labor, and human
tra icking.

 Fundamental Right: Articles 23 and 24 of the Indian Constitution prohibit

tra icking in human beings, begar, and other forms of forced labor.

4. Right to Freedom of Religion (Articles 25-28):

 Human Right: The right to freedom of thought, conscience, and religion is a

fundamental human right.

 Fundamental Right: Articles 25 to 28 of the Indian Constitution guarantee the

right to freedom of religion, including the freedom to profess, practice, and
propagate religion.

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

 Human Right: Cultural rights, including the right to education, are recognized in
various international human rights instruments.
 13

 Fundamental Right: Articles 29 and 30 of the Indian Constitution provide for the
protection of the rights of minorities to conserve their culture, language, or script
and to establish and administer educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32):

 Human Right: Access to justice and e ective remedies for human rights
violations are essential human rights principles.

 Fundamental Right: Article 32 of the Indian Constitution grants individuals the

right to move the Supreme Court for the enforcement of fundamental rights
through writs such as habeas corpus, mandamus, prohibition, quo warranto,
and certiorari.

7. Right to Life (Article 21):

 Human Right: The right to life is a fundamental human right that encompasses
protections against arbitrary deprivation of life, torture, and cruel, inhuman, or
degrading treatment.

 Fundamental Right: Article 21 of the Indian Constitution guarantees the right to

life and personal liberty, which has been interpreted expansively by the courts to
include various aspects such as the right to live with dignity, right to health, right
to clean environment, etc.

8. Rights of Minorities and Weaker Sections (Article 15):

 Human Right: Human rights principles emphasize the protection of the rights of
minorities and vulnerable groups against discrimination and marginalization.

 Fundamental Right: Article 15 of the Indian Constitution prohibits discrimination

on grounds of religion, race, caste, sex, or place of birth, and provides for special
provisions for the advancement of socially and educationally backward classes,
Scheduled Castes, Scheduled Tribes, and women.

These examples illustrate how various human rights are reflected in the fundamental rights
guaranteed by the Constitution of India. While fundamental rights are enforceable legal
provisions within the Indian legal framework, they draw upon the broader principles of human
rights to ensure the dignity, equality, and well-being of all individuals in Indian society.

Q.2
Q.6 describe the human rights of national ethnic, religious and linguistic people in India.

In India, the rights of national, ethnic, religious, and linguistic minorities are safeguarded under
various provisions of the Constitution and other laws to ensure their protection, preservation,
and promotion. Here's a detailed overview of the rights of minorities in India:

1. Constitutional Safeguards:

 Article 29: This provision safeguards the interests of minorities by granting them
the right to conserve their distinct language, script, or culture. It ensures that
 14

minorities have the freedom to preserve and promote their unique identity
without discrimination.

 Article 30: Article 30 ensures the right of minorities to establish and administer
educational institutions of their choice. It grants them the freedom to manage
their educational institutions according to their cultural and linguistic
preferences.

2. Protection Against Discrimination:

 The Indian Constitution, under Articles 15 and 16, prohibits discrimination on

the grounds of religion, race, caste, sex, or place of birth. These provisions
ensure that minorities are protected from any form of discrimination in matters
relating to access to public places, employment, and educational institutions.

3. Reservation Policies:

 To address historical inequalities and ensure the representation of minorities in

various sectors, India has implemented reservation policies. Scheduled Castes
(SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs), including
minorities, are provided with reservation in education, government jobs, and
legislative bodies.

4. Cultural and Linguistic Rights:

 India is a diverse country with numerous linguistic and cultural communities.

The Constitution recognizes the importance of preserving and promoting this
diversity. The government supports the development and promotion of minority
languages, cultures, and traditions through various cultural programs, grants,
and initiatives.

5. Religious Freedom:

 India is a secular country, and the Constitution guarantees freedom of religion to

all its citizens. Minorities have the right to profess, practice, and propagate their
religion without any interference from the state. The government ensures the
protection of religious sites, practices, and beliefs of minority communities.

6. Protection of Minority Languages:

 India recognizes and supports the preservation of minority languages. Various

state governments have enacted laws to promote the teaching and use of
minority languages in educational institutions and public administration. E orts
are made to include minority languages in o icial communication and
documentation.

7. Representation and Participation:

 Minority communities have the right to participate in the democratic process

and hold public o ices. They are represented in legislative bodies,
administrative bodies, and other decision-making bodies at various levels of
government. E orts are made to ensure adequate representation of minorities in
political and administrative institutions.
 15

8. Protection from Violence and Discrimination:

 The Indian legal system provides mechanisms for the protection of minorities
from violence, discrimination, and harassment. Laws are in place to address
hate crimes, communal violence, and other forms of discrimination against
minority communities. Special measures are taken to ensure the safety and
security of minority groups.

Overall, India recognizes the importance of protecting the rights and interests of its diverse
minority communities. Constitutional safeguards, legislative measures, and administrative
initiatives are in place to ensure the preservation, promotion, and protection of the rights of
national, ethnic, religious, and linguistic minorities in the country.

Q.7 explain human rights of women and children's.

Rights of Women

The ’70s was the D-time which finally witnessed feminist campaigns in India. It finally saw the
origin of seeking reformation of their long lost human dignity by knocking the legal doors.
Though the movement didn’t gain much cognizance or came under public scrutiny, the shocking
incidents that happened across the country paved the way for the people to realize the heinous
atrocities that were faced by the women.

The Mathura case where the gendered language made the victim itself the culprit, the gravity of
sexual violence during the Gujrat riots, the Rupan Deol Baja case where a ‘seemingly’ small
incident made the national media protect the culprit are some of the cases which are hard to
forget and has till now served as a reminder that sexual violence can occur anywhere and the
definition of a victim can be changed through so ‘moral’ or ‘contrary to human behavior’ and
ultimately who ‘is not worthy’ to get arrested gets easily mended on what suits the majoritarian’s
conscious.

Patriarchy has been so deeply rooted that it just not restricts itself to grave sexual violence, but
also family structures, and many a time the courts themselves have upheld the given status of
women in society. E.g. Recently, a session court recently granted anticipatory bail to a Mumbai
couple accused of mistreating their daughter-in-law, saying taunting by in-laws is something
that every family witnesses as part of the “wear and tear” of married life.[1]

It goes unsaid this judgment further propagates domestic violence and hereby refuses to give
importance to mental health. Alongside domestic violence and sexual o ense, there exists a
gender pay gap, lack of representation, and hence, rights have what brought to some extent an
ideological change and thereby are privy in ensuring that they get ‘privileged’ enough to live life
with dignity and independently. Following are some of the essential rights which brought a
positive wave of transformation

 Right to a safe environment: Bhanwari Devi, a social reformist, as part of her job
attempted to prevent child marriage but that raised a question over the domination of
the bearers of patriarchy and as a result, she was gang-raped.
The court in this infamous Vishaka case[2] observed that the crime was a violation of
art. 14,19 and 21. Relying on CEDAW,( The Convention on the Elimination of all Forms of
Discrimination Against Women) an international instrument to which India is a
 16

signatory, the court laid down the historic Vishaka Guidelines. These guidelines were
later converted verbatim into The Sexual Harassment of Women at Workplace
(Prevention, Prohibition & Redressal) Act, 2013[3]

 Right to equal pay: The court in Randhir Singh v Union of India[4] constitutionalized
article 39-d saying “that there is equal pay for equal work for both men and women”.[5]

 Right to bodily integrity: The apex court through Suchita Srivastava v Chandigarh
Administration[6] brought in a new sphere to Article 21 of the constitution as it
introduced the right to make reproductive choices on whether the woman wants to go
ahead with her pregnancy or abort her fetus.

 Right to the custody of minors: Through the supreme court judgment in Roxann
Sharma Vs Arun Sharma[7], the court helped in establishing the notion that the mother
is a natural guardian and brought an end to the bitter legal issues faced in getting
custody of their children.

 Right to marry or live with anyone of choice: The court through its landmark judgment
in Lata Singh vs State of Uttar Pradesh finally brought an end to the question of so
“honor killing” over inter-caste/ inter-religion marriage and validated a woman’s
personal freedom to choose who she wants to marry or live with.

 Property right: The apex court, in its 121-page judgment in Vineeta Sharma v Rakesh
Sharma[8], overturned its prior judgment and held that daughters and sons have equal
coparcenary rights in a Hindu undivided family and marital status of daughters in the
future shall not a ect its viability.

 Right to a reservation in Panchayat: Representation becomes vital for making

demands heard especially when there has been a history of suppression and the others
deciding what’s good for the other rather than asking them, Article 40 of the constitution
quite rightfully reserves one-third of seats for women in the panchayat.

Rights of children

It is often said that children are the face of god because they are filled with innocence which
humans with age seem to forget as they get eloped by the greed that the evil side of the
materialistic world provides. Maybe that is the reason that yet another community sees itself
tied in a vulnerable position. Whether it’s making them get married to uphold marriage as a
social-religious a air, or them facing exploitation either sexually or making them work under
excruciating conditions. To protect the very innocence that the period of childhood o ers which
ultimately helps in shaping the future of our country, these rights become a guiding light for the
public authorities or the concerned guardians/ institutions. And courts through their
intervention have safeguarded them from the evil clutches of the ugly side of the human race.

 Right to education: The Supreme court in the case of Mohini Jain[9] and Unnikrishnan
vs State of Andhra Pradesh[10] ruled that the right to education is a fundamental
right that flows from the Right to life in Article 21 under Indian Constitution and hence
later the benchmark 86th amendment to the constitution in 2002 was made under article
21 A reading “The State shall provide free and compulsory education to all children of
the age of six to fourteen years in such manner as the State may, by law, determine.”
 17

 Right to a safe environment in schools: The court in Avinash Mehrotra[11] further

interpreted the right to education amendment and included that all children have the
right to learn in a safe environment.

 Right against exploitation: Through article 24 of the constitution, the article strictly
prohibits the employment of children under 14 years of age in factories and any
hazardous processes which through further interpretation and amendment include
domestic, hotel, and restaurant work.

 Right to minimum living with human dignity: the court in VikramDeo Singh Tomar v
State of Bihar took cognizance of the pitiable conditions prevailing in care homes
maintained by the State of Bihar for women and children and has directed the State to
improve matters in these homes and provide at least the minimum living conditions
ensuring human dignity[12].

Further the Draft National Policy and Charter for Children, 2001 provides several other rights
like:

 Right to Survival : (Article 1 )

 Right to health and nutrition (article 2 &3)

 Right to a Standard of Living (Article 4)

 Right to Play and Leisure (Article 5)

 Right to Protection

 Right to participation: According to the UN Convention on Child Rights, Children have

the right to participate in decision making and due weight should be given to their
opinions, according to their opinions, age, and maturity[13].

Q.8 explain the provisions regarding human rights of accused and prisoners with case law.

Certainly, the provisions regarding the human rights of accused individuals and
prisoners in India are aimed at ensuring fair treatment, protection of fundamental rights, and
humane conditions during investigation, trial, and incarceration. Here are some key provisions
along with relevant case law:

1. Right to Fair Trial:

 Provision: The right to a fair trial is enshrined under Article 21 of the Constitution
of India, which guarantees the right to life and personal liberty. This includes the
right to a fair and impartial trial, access to legal representation, and a reasonable
opportunity to defend oneself.

 Case Law: In the case of Zahira Habibullah Sheikh v. State of Gujarat (2004), the
Supreme Court emphasized the importance of a fair trial. The court held that the
right to a fair trial is a fundamental right guaranteed under Article 21, and any
violation of this right would render the trial unfair and unjust.

2. Presumption of Innocence:
 18

 Provision: Accused individuals are presumed innocent until proven guilty

beyond a reasonable doubt. This principle protects the accused from arbitrary
detention and ensures that they are not subjected to punishment without due
process of law.

 Case Law: In the case of State of Uttar Pradesh v. Naresh and Others (2011), the
Supreme Court reiterated the presumption of innocence. The court held that the
burden of proof lies with the prosecution to establish the guilt of the accused
beyond a reasonable doubt, and any deviation from this standard would violate
the accused person's fundamental rights.

3. Right to Legal Representation:

 Provision: Accused individuals have the right to legal representation and

assistance during trial proceedings. This ensures that they are able to e ectively
present their defense and protect their rights.

 Case Law: In Hussainara Khatoon v. State of Bihar (1979), the Supreme Court
held that the right to legal aid is a fundamental right implicit in the guarantee of
Article 21. The court emphasized that legal representation is essential for
ensuring a fair trial and access to justice, particularly for indigent and
marginalized accused persons.

4. Protection Against Self-Incrimination:

 Provision: Accused individuals have the right to remain silent and cannot be
compelled to testify against themselves. This protection against self-
incrimination preserves the presumption of innocence and prevents coerced
confessions.

 Case Law: In Nandini Satpathy v. P.L. Dani (1978), the Supreme Court
emphasized the importance of protecting the accused against self-
incrimination. The court held that any statement obtained through coercion,
inducement, or torture violates the fundamental right against self-incrimination
and is inadmissible as evidence.

5. Right to Speedy Trial:

 Provision: Accused individuals have the right to a speedy trial, ensuring that
their cases are adjudicated promptly without undue delay. This right prevents
prolonged detention without trial and ensures timely resolution of criminal
proceedings.

 Case Law: In Hussainara Khatoon v. Home Secretary, State of Bihar (1980), the
Supreme Court emphasized the importance of expeditious trial proceedings.
The court held that the right to speedy trial is a fundamental right implicit in the
guarantee of Article 21. The court directed measures to expedite trials and
reduce the backlog of cases, particularly for indigent and underprivileged
accused persons.

These provisions and case laws highlight the significance of protecting the human rights
of accused individuals and prisoners in India, ensuring their fair treatment, due process, and
dignity throughout the criminal justice system.
 19

Q.9 human rights of refuges and minorities

In India, refugees and minorities are entitled to certain human rights protections
guaranteed under the Constitution and other legal instruments. Here's an overview of the
human rights of refugees and minorities in India:

Human Rights of Refugees:

1. Protection Against Refoulement:

 India is not a signatory to the 1951 Refugee Convention or its 1967 Protocol.
However, it adheres to customary international law principles, including non-
refoulement, which prohibits the expulsion or return of refugees to countries
where their lives or freedoms may be at risk.

 While India does not have specific refugee legislation, the principle of non-
refoulement is recognized and upheld by Indian courts.

2. Access to Basic Services:

 Refugees in India have access to basic services such as education and

healthcare. The government and non-governmental organizations (NGOs)
provide assistance to refugee communities in accessing these services.

3. Protection of Rights:

 Refugees are entitled to certain fundamental rights guaranteed under the Indian
Constitution, such as the right to life and personal liberty (Article 21), equality
before the law (Article 14), and freedom of religion (Article 25).

4. Work Rights:

 While refugees in India are not granted the right to work under specific
legislation, many are employed in the informal sector. Some refugees are also
eligible for work permits and are employed in sectors such as construction,
hospitality, and domestic work.

5. Protection of Children:

 Refugee children in India have the right to education and protection under the
Juvenile Justice (Care and Protection of Children) Act, 2015. NGOs and
international organizations provide support for the education and welfare of
refugee children.

Human Rights of Minorities:

1. Constitutional Safeguards:

 The Indian Constitution provides several provisions for the protection of minority
rights, including Articles 29 and 30. These articles protect the rights of minorities
to conserve their distinct language, script, or culture and to establish and
administer educational institutions of their choice.

2. Protection Against Discrimination:

 20

 The Constitution of India prohibits discrimination on the grounds of religion,

race, caste, sex, or place of birth (Article 15). This provision ensures that
minorities are protected from discrimination in various aspects of public life,
including education, employment, and access to public services.

3. Representation and Participation:

 Minorities in India have the right to representation and participation in

democratic processes. They are represented in legislative bodies, administrative
bodies, and other decision-making bodies at various levels of government.

4. Cultural and Linguistic Rights:

 The Constitution recognizes and supports the preservation of minority languages

and cultures. Various state governments have enacted laws to promote the
teaching and use of minority languages in educational institutions and public
administration.

5. Protection Against Violence and Discrimination:

 Indian laws provide mechanisms for the protection of minority communities

from violence, discrimination, and harassment. Special measures are taken to
ensure the safety and security of minority groups, particularly in areas prone to
communal tensions.

Overall, while refugees and minorities in India enjoy certain human rights protections,
there are challenges and limitations in ensuring their full realization. E orts by the government,
civil society organizations, and international partners are essential for upholding the rights and
dignity of refugees and minorities in the country.

Q.3
Q.10 explain the human rights in the context of Indian constitution.

In the context of the Indian Constitution, human rights are enshrined in Part III (Fundamental
Rights) and Part IV (Directive Principles of State Policy). These rights are aimed at protecting the
dignity, equality, and freedom of every individual in India. Here's a comprehensive explanation
of human rights in the context of the Indian Constitution:

Fundamental Rights: Fundamental Rights in the Indian Constitution serve as the cornerstone
of human rights protection in the country. These rights are justiciable, meaning individuals can
directly approach the courts to enforce them. They encompass a wide range of civil, political,
economic, social, and cultural rights essential for the well-being and dignity of individuals.
Some key fundamental rights include:

1. Right to Equality (Articles 14-18): Ensures equality before the law and prohibits
discrimination on grounds of religion, race, caste, sex, or place of birth.

2. Right to Freedom (Articles 19-22): Guarantees freedoms such as speech and

expression, assembly, association, movement, and residence.
 21

3. Right Against Exploitation (Articles 23-24): Prohibits tra icking in human beings,
begar, and other forms of forced labor.

4. Right to Freedom of Religion (Articles 25-28): Protects the freedom of conscience and
the right to profess, practice, and propagate religion.

5. Cultural and Educational Rights (Articles 29-30): Provides for the protection of the
rights of minorities to conserve their culture, language, or script and to establish and
administer educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32): Grants individuals the right to move the
Supreme Court for the enforcement of fundamental rights through writs.

Directive Principles of State Policy: The Directive Principles of State Policy (DPSP) are
guidelines for the government to establish social and economic justice in society. Though not
legally enforceable, they serve as a moral obligation for the state to work towards achieving
certain socio-economic objectives. Some relevant DPSPs include:

1. Right to Work (Article 41): Ensures the right to work, education, and public assistance
in case of unemployment.

2. Equal Pay for Equal Work (Article 39(d)): Ensures that men and women receive equal
pay for equal work.

3. Protection of Minorities (Article 29): Protects the educational and cultural rights of
minorities.

4. Promotion of International Peace and Security (Article 51): Advocates for promoting
peace and friendly relations among nations based on respect for international law and
principles.

Case Law and Interpretation: The judiciary plays a crucial role in interpreting and expanding
the scope of human rights in India. Landmark judgments such as Kesavananda Bharati v. State
of Kerala (1973) and Maneka Gandhi v. Union of India (1978) have significantly contributed to the
evolution and protection of human rights in the country. These cases have upheld the
supremacy of fundamental rights and expanded the ambit of Article 21 (Right to Life and
Personal Liberty) to include various aspects of human dignity and freedom.

Conclusion: In conclusion, human rights in the context of the Indian Constitution represent a
comprehensive framework aimed at ensuring the dignity, equality, and freedom of every
individual in the country. The Constitution, through its Fundamental Rights and Directive
Principles, provides a robust legal and moral foundation for the protection and promotion of
human rights. The judiciary, through its interpretations and judgments, continues to play a vital
role in upholding and expanding the scope of human rights in India, making it an integral part of
the country's constitutional democracy.

Q.11 discuss the function of national human rights commissions in detail.

What is the National Human Rights Commission (NHRC)?

 22

The National Human Rights Commission (NHRC) established in 1993, is an independent

statutory body as per the provisions of the Protection of Human Rights Act of 1993 which was
amended in 2006.

 Human Rights are an indispensable part of society and Human Rights in India are
watched by NHRC.

 NHRC acts as a watchdog of human rights in the country.

 NHRC looks over the rights that are related to life, dignity, liberty and equality of the
individual that is defined in Section 2(1) of the PHR Act.

 They are guaranteed by the Constitution of India, embodied in the international

covenants and are enforceable by the courts of India as well.

 NHRC was established in compliance with the Paris Principles of Human Rights, 1991
which were adopted for the promotion and protection of Human Rights and were
endorsed by the United Nations at its General Assembly of 1993

NHRC History

 In 1948, the UN adopted the UDHR (Universal Declaration of Human Rights).

 In 1991, the Paris Principles were established by the National Human Rights Institutions
(NHRIs).

 In 1993, the UN adopted these Paris Principles at its General Assembly.

 In 1993, India enacted the Protection of Human Rights Act.

 This led to the formation of the National Human Rights Commission (NHRC).

 The Protection of Human Rights Act also allowed state governments to establish the
State Human Rights Commission.

NHRC Composition – Members of NHRC

 The National Human Rights Commission (NHRC) is composed of a Chairperson and

eight other members.
 Those eight members are:
 Four full-time members.
 Four deemed members

Appointment of NHRC Members

 A Selection Committee will recommend the candidates to the President.

 The Selection Committee includes:
 Prime Minister (Chairman)
 Speaker of Lok Sabha
 Union Home Minister
 Deputy Chairman of Rajya Sabha
 23

 Leaders of the Opposition in both Houses of the Parliament

Functions & Powers of NHRC

The functions of the National Human Rights Commission (NHRC) as stated in Section 12 of
the Protection of Human Rights Act,1993 includes enquiry into complaints of violation of
human rights or negligence in the prevention of such violation by a public servant. The
Commission also studies treaties and international instruments on human rights and
makes recommendations for their e ective implementation to the Government.

 NHRC can investigate any complaints related to violations of Human Rights in India
either suo-moto or after receiving a petition.

 NHRC can interfere in any judicial process that involves any allegation of violation of
Human Rights.

 It can visit any prison/institute under the control of the state governments to observe the
living conditions of inmates. It can further make recommendations based on its
observations to the authorities.

 NHRC can review the provisions of the Constitution that safeguard Human Rights and
can suggest necessary restorative measures.

 Research in the field of Human Rights is also promoted by the NHRC.

 Human Rights awareness and literacy through di erent media are promoted by NHRC in
various sectors of society.

 NHRC has the power to recommend suitable steps that can prevent violation of Human
Rights in India to both Central as well as State Governments.

 The President of India gets an annual report from NHRC which is laid before both the
Houses of the Parliament.

Limitations of NHRC

It is important to know the limitations of NHRC for the UPSC exam. They are mentioned
below:

 The Recommendations made by the NHRC are not binding.

 Violation of Human rights by private parties cannot be considered under NHRC

Jurisdiction.

 NHRC doesn’t have the power to penalise the authorities that don’t implement its
recommended orders.

 3 of the NHRC members are judges which give the functioning of the Commission a
judicial touch.

 The other members that are recommended by the Selection Committee may not
necessarily be Human Rights experts.

 The NHRC does not consider the following cases:

 Cases that are older than one year.

 24

 Cases that are anonymous, pseudonymous or vague.

 Frivolous cases.

 Cases pertaining to service matters.

 The NHRC has limited jurisdiction over cases related to armed forces.

 The NHRC faces other issues like excess cases/complaints, insu icient funds,
bureaucratic functioning style, etc.

Q.12 critically discuss the objectives and silent features of protection of Human Rights Act
1993

The Protection of Human Rights Act, 1993, was enacted with the primary objective of
safeguarding and promoting human rights in India. It established the National Human Rights
Commission (NHRC) at the national level and State Human Rights Commissions (SHRCs) at the
state level to ensure the protection and enforcement of human rights across the country. Let's
critically discuss the 10 objectives and 10 salient features of the Protection of Human Rights
Act, 1993:

Objectives:

1. Establishment of Human Rights Institutions: The Act aimed to establish independent

human rights institutions at both the national and state levels, namely the NHRC and
SHRCs, to investigate and address human rights violations e ectively.

2. Protection of Fundamental Rights: It sought to protect and promote fundamental

rights guaranteed under the Constitution of India and international human rights norms.

3. Promotion of Awareness: The Act aimed to promote awareness about human rights
among the general public and sensitize government agencies, law enforcement
authorities, and other stakeholders about their responsibilities in upholding human
rights.

4. Investigation of Violations: It provided for the investigation of human rights violations

by the NHRC and SHRCs, empowering them to inquire into complaints of violations and
take appropriate action.

5. Redressal Mechanisms: The Act established mechanisms for the redressal of

grievances related to human rights violations, including the provision for filing
complaints with the NHRC and SHRCs.

6. Monitoring and Reporting: It mandated the NHRC and SHRCs to monitor the human
rights situation in their respective jurisdictions and submit periodic reports to the
government and Parliament, highlighting areas of concern and recommendations for
improvement.

7. Coordination with Government Agencies: The Act aimed to foster coordination and
cooperation between human rights institutions and government agencies to ensure the
e ective implementation of human rights standards and recommendations.
 25

8. Capacity Building: It focused on building the capacity of human rights institutions,

government o icials, civil society organizations, and other stakeholders to e ectively
promote and protect human rights.

9. Prevention of Violations: The Act emphasized the prevention of human rights violations
through advocacy, education, training, and the promotion of a culture of respect for
human dignity and equality.

10. International Engagement: It aimed to enhance India's engagement with the

international human rights community and fulfill its obligations under international
human rights treaties and conventions.

Salient Features:

1. Establishment of NHRC and SHRCs: The Act provided for the establishment of the
NHRC at the national level and SHRCs in states and union territories, ensuring
decentralized mechanisms for human rights protection.

2. Composition and Independence: The NHRC and SHRCs are composed of independent
members from diverse backgrounds, ensuring their impartiality and autonomy in
carrying out their functions.

3. Investigative Powers: The Act granted investigative powers to the NHRC and SHRCs,
allowing them to summon witnesses, examine evidence, and conduct inquiries into
human rights violations.

4. Recommendatory Powers: While the NHRC and SHRCs do not have the power to
enforce their recommendations, they can make recommendations to the government
for remedial action in cases of human rights violations.

5. Public Hearings: The Act provided for the conduct of public hearings by the NHRC and
SHRCs to hear complaints, gather evidence, and engage with victims and stakeholders
directly.

6. Legal Immunity: The Act granted immunity to the NHRC and SHRCs and their members
from legal proceedings for acts done in good faith while performing their duties under
the Act.

7. Awareness and Education: It emphasized the importance of awareness and education

about human rights, empowering the NHRC and SHRCs to undertake activities to
promote human rights literacy.

8. Access to Justice: The Act ensured access to justice for victims of human rights
violations by providing for the filing of complaints and seeking redressal through NHRC
and SHRCs.

9. Interpretation of Laws: The NHRC and SHRCs are empowered to interpret laws relating
to human rights and recommend legislative reforms to bring them in line with
international standards.

10. International Cooperation: The Act encouraged international cooperation in the field of
human rights, allowing the NHRC to engage with international organizations, agencies,
and governments on human rights issues of mutual interest.
 26

Critique:

While the Protection of Human Rights Act, 1993, has been instrumental in institutionalizing
mechanisms for the protection and promotion of human rights in India, it has also faced
criticism and shortcomings:

1. Limited Enforcement Powers: The NHRC and SHRCs have primarily recommendatory
powers, which limit their e ectiveness in ensuring enforcement and accountability for
human rights violations.

2. Under-Reporting and Delayed Action: Many cases of human rights violations go

unreported or are not addressed promptly, leading to delayed justice and inadequate
redressal for victims.

3. Lack of Independence: Despite being mandated to function independently, there have

been instances of political interference and lack of autonomy in the functioning of the
NHRC and SHRCs.

4. Resource Constraints: Human rights institutions often face resource constraints,

including budgetary limitations and sta ing issues, which a ect their capacity to
e ectively fulfill their mandates.

5. Limited Public Awareness: There is a need for greater awareness and education about
human rights among the general public to enhance the e ectiveness of human rights
institutions and ensure meaningful engagement with stakeholders.

6. Accessibility and Outreach: Human rights institutions need to improve accessibility

and outreach, particularly in remote and marginalized areas, to ensure that all
individuals have access to grievance redressal mechanisms.

7. Monitoring and Follow-Up: There is a need for better monitoring and follow-up on the
implementation of recommendations made by the NHRC and SHRCs to ensure that
they are e ectively implemented by the concerned authorities.

8. Protection of Vulnerable Groups: More attention needs to be paid to the protection of

vulnerable groups, including women, children, minorities, and marginalized
communities, who are often disproportionately a ected by human rights violations.

9. Legal Reforms: There is a need for ongoing legal reforms to strengthen human rights
protection, address gaps in existing laws, and bring domestic legislation in line with
international human rights standards.

10. International Engagement: While the Act encourages international cooperation on

human rights issues, there is a need for greater engagement and collaboration with
international organizations and mechanisms to address cross-border human rights
challenges e ectively.

In conclusion, while the Protection of Human Rights Act, 1993, has been instrumental in
institutionalizing mechanisms for the protection and promotion of human
 27

Q.13 UNO and human rights

The United Nations (UN) plays a crucial role in promoting and protecting human rights globally.
Since its establishment in 1945, the UN has been at the forefront of e orts to develop
international norms and standards for human rights, monitor human rights situations in
countries around the world, and provide assistance to states in fulfilling their human rights
obligations. Here's how the UN engages with human rights:

1. Universal Declaration of Human Rights (UDHR): Adopted by the UN General Assembly

in 1948, the UDHR is a milestone document that sets out fundamental human rights to
be universally protected. It serves as a common standard of achievement for all peoples
and nations, providing a foundation for international human rights law.

2. Treaty Bodies: The UN has established various treaty bodies responsible for monitoring
the implementation of human rights treaties. These bodies receive reports from states
parties, conduct reviews, and make recommendations to improve human rights
conditions. Examples include the Human Rights Committee, Committee on the
Elimination of Discrimination against Women (CEDAW), and Committee on the Rights of
the Child (CRC).

3. Special Procedures: The UN appoints independent human rights experts, known as

Special Rapporteurs, Special Representatives, and Independent Experts, to investigate
and report on specific human rights issues or country situations. These experts conduct
fact-finding missions, engage with governments, and make recommendations to
address human rights violations.

4. Human Rights Council: The UN Human Rights Council (UNHRC) is the main
intergovernmental body responsible for promoting and protecting human rights
worldwide. It conducts regular sessions to address human rights violations, adopt
resolutions, and undertake thematic and country-specific investigations.

5. Universal Periodic Review (UPR): The UPR is a unique mechanism of the UNHRC that
involves the periodic review of the human rights records of all UN Member States.
During the UPR process, states receive recommendations to improve their human rights
situation, which they are expected to implement voluntarily.

6. Technical Assistance and Capacity Building: The UN provides technical assistance

and capacity-building support to states to strengthen their human rights institutions,
develop national human rights action plans, and enhance their compliance with
international human rights standards.

7. Peacekeeping Operations: UN peacekeeping missions often include a human rights

component tasked with monitoring, reporting, and addressing human rights violations in
conflict-a ected areas. These missions work to protect civilians, promote the rule of
law, and support e orts to address impunity.

8. Human Rights Education and Advocacy: The UN promotes human rights education
and awareness-raising initiatives to empower individuals, communities, and civil society
organizations to promote and defend human rights. This includes educational programs,
campaigns, and the dissemination of information about human rights principles and
mechanisms.
 28

Overall, the UN plays a central role in advancing the global human rights agenda, advocating for
the protection of human rights, and holding states accountable for their human rights
obligations. Through its various mechanisms and initiatives, the UN strives to create a world
where the inherent dignity and equal rights of all individuals are respected and upheld.

Q.14 Indian constitution and human rights

The Indian Constitution serves as the foundational document for the protection and promotion
of human rights in India. Enacted on January 26, 1950, the Constitution guarantees various
fundamental rights to all citizens, providing a framework for ensuring dignity, equality, and
freedom for individuals across the country. Here's how the Indian Constitution is intertwined
with human rights:

1. Fundamental Rights (Part III): Part III of the Indian Constitution contains a
comprehensive list of fundamental rights that serve as the bedrock of human rights
protection in the country. These rights are justiciable, meaning individuals can directly
approach the courts to enforce them. Some key fundamental rights include:

 Right to Equality (Articles 14-18): Ensures equality before the law and prohibits
discrimination on grounds of religion, race, caste, sex, or place of birth.

 Right to Freedom (Articles 19-22): Guarantees freedoms such as speech and

expression, assembly, association, movement, and residence.

 Right Against Exploitation (Articles 23-24): Prohibits tra icking in human

beings, begar, and other forms of forced labor.

 Right to Freedom of Religion (Articles 25-28): Protects the freedom of

conscience and the right to profess, practice, and propagate religion.

 Right to Constitutional Remedies (Article 32): Grants individuals the right to

move the Supreme Court for the enforcement of fundamental rights through
writs.

2. Directive Principles of State Policy (Part IV): Part IV of the Constitution contains
Directive Principles of State Policy (DPSP), which provide guidelines for the state to
establish social and economic justice in society. Though not legally enforceable, these
principles aim to create conditions for the fulfillment of fundamental rights and the
overall well-being of citizens. Some relevant DPSPs include:

 Right to Work (Article 41): Ensures the right to work, education, and public
assistance in case of unemployment.

 Equal Pay for Equal Work (Article 39(d)): Ensures that men and women receive
equal pay for equal work.

 Protection of Minorities (Article 29): Protects the educational and cultural

rights of minorities.

3. Judicial Interpretation: The judiciary, particularly the Supreme Court of India, plays a
crucial role in interpreting and expanding the scope of human rights in India. Landmark
judgments such as Kesavananda Bharati v. State of Kerala (1973) and Maneka Gandhi v.
 29

Union of India (1978) have significantly contributed to the evolution and protection of
human rights in the country. These cases have upheld the supremacy of fundamental
rights and expanded the ambit of Article 21 (Right to Life and Personal Liberty) to include
various aspects of human dignity and freedom.

4. Constitutional Amendments: Over the years, the Constitution has been amended to
strengthen human rights protection and address emerging challenges. For example, the
86th Amendment Act of 2002 inserted Article 21-A, making the right to education a
fundamental right for children aged 6 to 14 years.

5. Constitutional Bodies: The Constitution also provides for the establishment of

independent bodies such as the National Human Rights Commission (NHRC) and State
Human Rights Commissions (SHRCs) to investigate complaints of human rights
violations and promote awareness about human rights.

In summary, the Indian Constitution serves as a robust framework for the protection and
promotion of human rights in the country. Through its fundamental rights, directive principles,
judicial interpretation, and constitutional mechanisms, it strives to uphold the dignity, equality,
and freedom of all individuals, ensuring that human rights are respected and upheld in India.

Q.15 discuss the human rights of freedom of life and equality under the Indian constitution
with case law.

Under the Indian Constitution, the rights to life and equality are fundamental rights guaranteed
to all citizens. These rights are enshrined in Articles 14, 15, and 21, and they form the
cornerstone of human rights protection in India. Let's discuss these rights along with relevant
case law:

1. Right to Life (Article 21):

 Article 21 of the Indian Constitution states that "No person shall be deprived of
his life or personal liberty except according to procedure established by law."

 The right to life under Article 21 encompasses not only the right to physical
existence but also the right to live with dignity and quality of life.

 This right has been interpreted expansively by the Indian judiciary to include
various facets such as the right to health, clean environment, livelihood, and
privacy.

 Case Law: In the landmark case of Maneka Gandhi v. Union of India (1978), the
Supreme Court held that the right to life under Article 21 is not merely the right to
physical existence but also includes the right to live with dignity. The court
emphasized that any law or action that deprives a person of their personal
liberty must be just, fair, and reasonable.

2. Right to Equality (Articles 14 and 15):

 Article 14 guarantees equality before the law and equal protection of laws to all
persons within the territory of India. It prohibits discrimination on grounds of
religion, race, caste, sex, or place of birth.
 30

 Article 15 prohibits discrimination by the state on grounds of religion, race,

caste, sex, place of birth, or any of them.

 These provisions aim to ensure that all individuals are treated equally and have
equal opportunities regardless of their background or characteristics.

 Case Law: In the case of State of West Bengal v. Anwar Ali Sarkar (1952), the
Supreme Court held that Article 14 prohibits arbitrary discrimination and
requires that all persons similarly circumstanced should be treated alike under
the same conditions and subject to the same rules.

3. A irmative Action and Reservation Policies:

 While Articles 14 and 15 prohibit discrimination, the Constitution also provides

for a irmative action to uplift marginalized and disadvantaged groups.

 Reservation policies for Scheduled Castes (SCs), Scheduled Tribes (STs), and
Other Backward Classes (OBCs) in education, employment, and government
services are examples of a irmative action measures aimed at promoting
equality and social justice.

 Case Law: In the case of Indra Sawhney v. Union of India (1992), commonly
known as the Mandal Commission case, the Supreme Court upheld the
reservation of 27% of seats in government jobs for OBCs, subject to certain
conditions, stating that such a irmative action is permissible under Article 16(4)
of the Constitution.

In conclusion, the rights to life and equality under the Indian Constitution are fundamental to
the protection of human rights in the country. Through judicial interpretation and landmark
judgments, these rights have been expanded and reinforced, ensuring that all individuals are
treated with dignity, equality, and fairness under the law.

Q.4
Q.16 explain the UN declarations for development of human rights.

The United Nations has played a significant role in developing and promoting human rights
through various declarations and documents. These declarations serve as fundamental
principles and guidelines for the protection and promotion of human rights globally. Here are
some key UN declarations related to human rights:

1. Universal Declaration of Human Rights (UDHR) (1948):

 Adopted by the UN General Assembly on December 10, 1948, the UDHR is a

landmark document that sets out a comprehensive list of fundamental human
rights to be universally protected. It proclaims the inherent dignity and equal
rights of all human beings and serves as a common standard of achievement for
all nations and peoples.

2. International Covenant on Civil and Political Rights (ICCPR) (1966):

 31

 The ICCPR, adopted by the UN General Assembly on December 16, 1966, and
entered into force on March 23, 1976, is a legally binding treaty that protects civil
and political rights, including the rights to life, freedom of speech, assembly, and
religion. It obliges states parties to respect and ensure the rights enshrined in
the covenant.

3. International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966):

 Adopted by the UN General Assembly on December 16, 1966, and entered into
force on January 3, 1976, the ICESCR is a legally binding treaty that protects
economic, social, and cultural rights, including the rights to education, work,
health, and an adequate standard of living.

4. Declaration on the Elimination of All Forms of Racial Discrimination (1963):

 Adopted by the UN General Assembly on November 20, 1963, this declaration

condemns racial discrimination and calls for the elimination of all forms of racial
segregation and apartheid.

5. Declaration on the Rights of Indigenous Peoples (2007):

 Adopted by the UN General Assembly on September 13, 2007, this declaration

recognizes the rights of indigenous peoples to self-determination, land,
resources, and cultural heritage. It calls for the protection of indigenous rights
and the promotion of their well-being.

6. Declaration on the Rights of Persons Belonging to National or Ethnic, Religious, and

Linguistic Minorities (1992):

 Adopted by the UN General Assembly on December 18, 1992, this declaration

a irms the rights of minorities to enjoy their own culture, practice their own
religion, and use their own language without discrimination.

7. Declaration on the Rights of Disabled Persons (1975):

 Adopted by the UN General Assembly on December 9, 1975, this declaration

recognizes the rights of persons with disabilities to equality, non-discrimination,
and full participation in society. It calls for the protection of their rights and the
elimination of barriers to their inclusion.

8. Declaration on Human Rights Education and Training (2011):

 Adopted by the UN General Assembly on December 19, 2011, this declaration

emphasizes the importance of human rights education as a means to promote
respect for human rights, diversity, and tolerance.

These UN declarations, along with other international treaties and conventions, form the basis
of the international human rights framework. They provide guidance to governments, civil
society organizations, and individuals in advancing the protection and promotion of human
rights worldwide.
 32

Q.17 discuss the cultural and political rights under the Geneva declaration.

Q.18 explain the constitution and functions of National Commission for backward classes.

The National Commission for Backward Classes (NCBC) is a constitutional body established to
safeguard the interests of socially and educationally backward classes in India. It was set up
under the provisions of Article 338B of the Constitution of India, inserted by the 102nd
Constitutional Amendment Act, 2018. The NCBC replaces the National Commission for
Backward Classes Act, 1993, which was previously enacted by Parliament to provide for the
establishment of a statutory body for the same purpose.

Constitution of the National Commission for Backward Classes:

1. Composition: The NCBC consists of a Chairperson, Vice-Chairperson, and three other

members, who are appointed by the President of India. The Chairperson is a retired
judge of the Supreme Court or a retired Chief Justice of a High Court, while the Vice-
Chairperson and other members are individuals having special knowledge in matters
relating to the backward classes.

2. Tenure: The Chairperson, Vice-Chairperson, and members of the NCBC hold o ice for a
term of three years or until they attain the age of 70 years, whichever is earlier. They are
eligible for reappointment for another term.

3. Independence: The NCBC is an autonomous and impartial body, functioning

independently of the government. Its decisions and recommendations are made based
on objective criteria and the principles of social justice.

Functions and powers

 Chapter III of the NCBC Act, 1993 the provisions providing powers
and functions of the commission. The chapter contains three
sections. Section 9-11 elucidating powers and functions given to the
commission.
 Sections 9[1] states the function of the commission as to examine
the request made for the inclusion of any category as a backward
class or to investigate the conditions or problems faced by the
category under inclusion and then tender such advice to the central
government. The nature of that advice is ordinarily binding on the
central government.
 Section 10 provides the powers of the commission while performing
their duty under section 9(1) of the NCBC Act, 1993 as the
commission has the power to act as a civil court and has all the
power as a civil court while summoning any person or their
attendance, requiring the discovery of any evidence, receiving
evidence on affidavits and issuing any commission for examining
any witness or any other as may be prescribed.
 33

1. Investigation and Recommendations: The NCBC is tasked with investigating and

examining the matters relating to the safeguards provided for the socially and
educationally backward classes under the Constitution and other laws. It makes
recommendations to the President and the government regarding the measures needed
for the advancement of these classes.

2. Monitoring of Reservation Policies: The Commission monitors the implementation of

reservation policies for backward classes in education, employment, and other fields. It
evaluates the progress made in the representation of backward classes in government
services, educational institutions, and other public spheres.

3. Identification of Backward Classes: One of the primary functions of the NCBC is to

identify the socially and educationally backward classes and recommend their
inclusion or exclusion from the list of backward classes for the purpose of reservation
and a irmative action.

4. Advisory Role: The NCBC advises the central and state governments on the design and
implementation of policies, programs, and schemes aimed at the welfare and
development of backward classes. It provides expert guidance on issues a ecting the
socio-economic status of these classes.

5. Public Awareness: The Commission promotes awareness among backward classes

regarding their rights and entitlements under the Constitution and other laws. It
conducts outreach programs, workshops, and seminars to educate the public about the
importance of social justice and inclusion.

6. Legal Intervention: The NCBC has the authority to intervene in legal proceedings
involving issues related to the rights and interests of backward classes. It can represent
the interests of these classes before courts and tribunals to ensure their e ective
representation and protection.

Overall, the National Commission for Backward Classes plays a crucial role in safeguarding the
rights and interests of socially and educationally backward classes in India. It serves as a
mechanism for addressing the historical injustices and inequalities faced by these classes and
promoting their socio-economic advancement and inclusion in the nation's development
process.

Q.19 write short note

1) important provisions of Universal Declaration of human rights 1948

2) international convict on civil and political rights 1966

3) convey on economic, social and cultural rights 1966

1) important provisions of Universal Declaration of human rights 1948

he Universal Declaration of Human Rights (UDHR), adopted by the United Nations General
Assembly on December 10, 1948, is a milestone document that proclaims the inalienable rights
to which all human beings are inherently entitled. It consists of 30 articles outlining
 34

fundamental human rights and freedoms. Here are some of the important provisions of the
UDHR:

1. Right to Equality (Articles 1 and 2): All human beings are born free and equal in dignity
and rights. Discrimination on the basis of race, color, sex, language, religion, political or
other opinion, national or social origin, property, birth, or other status is prohibited.

2. Right to Life, Liberty, and Security (Article 3): Everyone has the right to life, liberty, and
security of person.

3. Prohibition of Slavery and Servitude (Article 4): No one shall be held in slavery or
servitude; slavery and the slave trade shall be prohibited in all their forms.

4. Prohibition of Torture and Degrading Treatment (Article 5): No one shall be subjected
to torture or to cruel, inhuman, or degrading treatment or punishment.

5. Recognition as a Person before the Law (Article 6): Everyone is entitled to recognition
as a person before the law and to equal protection of the law without any discrimination.

6. Right to Equality before the Law (Article 7): All are equal before the law and are
entitled without discrimination to equal protection of the law.

7. Right to Remedy by Competent Tribunal (Article 8): Everyone has the right to an
e ective remedy by competent national tribunals for acts violating the fundamental
rights granted by the constitution or by law.

8. Freedom from Arbitrary Detention (Article 9): No one shall be subjected to arbitrary
arrest, detention, or exile.

9. Right to Fair and Public Trial (Article 10): Everyone is entitled in full equality to a fair
and public hearing by an independent and impartial tribunal, in the determination of
their rights and obligations and of any criminal charge against them.

10. Presumption of Innocence (Article 11): Everyone charged with a penal o ense has the
right to be presumed innocent until proven guilty according to law in a public trial at
which they have had all the guarantees necessary for their defense.

11. Freedom of Movement and Residence (Article 13): Everyone has the right to freedom
of movement and residence within the borders of each state.

12. Right to Seek Asylum from Persecution (Article 14): Everyone has the right to seek and
to enjoy in other countries asylum from persecution.

13. Right to Nationality (Article 15): Everyone has the right to a nationality and no one shall
be arbitrarily deprived of their nationality nor denied the right to change nationality.

14. Right to Marry and Found a Family (Article 16): Men and women of full age have the
right to marry and to found a family.

15. Right to Education (Article 26): Everyone has the right to education, which shall be free,
at least in the elementary and fundamental stages.

These are just a few of the key provisions of the Universal Declaration of Human Rights. The
UDHR remains a foundational document in the field of human rights, inspiring numerous
 35

international treaties, conventions, and national laws aimed at promoting and protecting
human rights around the world.

2) international convict on civil and political rights 1966

The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted
by the United Nations General Assembly on December 16, 1966. It entered into force on March
23, 1976, and is one of the key international human rights treaties, alongside the International
Covenant on Economic, Social and Cultural Rights (ICESCR). The ICCPR is binding on its
parties, which include states that have ratified or acceded to the treaty.

Here are some key provisions of the International Covenant on Civil and Political Rights:

1. Right to Self-Determination (Article 1): All peoples have the right to self-
determination. By virtue of that right, they freely determine their political status and
freely pursue their economic, social, and cultural development.

2. Right to Life (Article 6): Every human being has the inherent right to life, and states
parties to the Covenant shall ensure the right to life by law and shall take necessary
measures to protect it.

3. Prohibition of Torture and Cruel, Inhuman, or Degrading Treatment or Punishment

(Article 7): No one shall be subjected to torture or to cruel, inhuman, or degrading
treatment or punishment. States parties must take e ective measures to prevent such
acts.

4. Prohibition of Slavery, Slave Trade, and Forced Labor (Article 8): No one shall be held
in slavery; slavery and the slave trade shall be prohibited in all their forms. No one shall
be required to perform forced or compulsory labor.

5. Right to Liberty and Security of Person (Article 9): Everyone has the right to liberty and
security of person. No one shall be subjected to arbitrary arrest or detention. Anyone
arrested or detained on a criminal charge shall be brought promptly before a judge or
other judicial o icer.

6. Rights of Persons Deprived of their Liberty (Article 10): All persons deprived of their
liberty shall be treated with humanity and respect for the inherent dignity of the human
person. They shall have the right to be informed promptly of the reasons for their arrest
and shall be entitled to trial within a reasonable time or release.

7. Right to Fair Trial (Article 14): All persons shall be equal before the courts and
tribunals. They shall have the right to a fair and public hearing by a competent,
independent, and impartial tribunal established by law. Everyone charged with a
criminal o ense shall have the right to be presumed innocent until proven guilty.

8. Freedom of Thought, Conscience, and Religion (Article 18): Everyone shall have the
right to freedom of thought, conscience, and religion. This includes the freedom to have
or to adopt a religion or belief of one's choice and the freedom to manifest one's religion
or belief, individually or in community with others, in public or private.
 36

9. Freedom of Expression (Article 19): Everyone shall have the right to freedom of
expression. This right shall include freedom to seek, receive, and impart information and
ideas of all kinds, regardless of frontiers, either orally, in writing, or in print, in the form of
art, or through any other media of one's choice.

10. Right to Peaceful Assembly and Association (Article 21): Everyone shall have the right
to peaceful assembly and to freedom of association with others, including the right to
form and join trade unions for the protection of their interests.

These are just a few of the key provisions of the International Covenant on Civil and Political
Rights. The ICCPR, along with the Universal Declaration of Human Rights and other
international human rights instruments, forms the foundation of international human rights law,
promoting and protecting civil and political rights around the world.

3) convey on economic, social and cultural rights 1966

The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a key
international human rights treaty adopted by the United Nations General Assembly on
December 16, 1966. It entered into force on January 3, 1976, and is binding on its parties, which
include states that have ratified or acceded to the treaty.

The ICESCR recognizes the importance of economic, social, and cultural rights as fundamental
human rights that are essential for the dignity and well-being of individuals. Here are some key
provisions of the International Covenant on Economic, Social and Cultural Rights:

1. Right to Work (Article 6): The parties to the Covenant recognize the right of everyone to
the opportunity to gain his living by work which he freely chooses or accepts, and will
take appropriate steps to safeguard this right.

2. Right to Just and Favorable Conditions of Work (Article 7): The parties to the
Covenant recognize 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, with fair wages and equal remuneration for work of equal value
without distinction of any kind.

3. Right to Form and Join Trade Unions (Article 8): The parties to the Covenant recognize
the right of everyone to form trade unions and join the trade union of his choice, subject
only to the rules of the organization concerned, for the promotion and protection of his
economic and social interests.

4. Right to Social Security (Article 9): The parties to the Covenant recognize the right of
everyone to social security, including social insurance.

5. Right to an Adequate Standard of Living (Article 11): The parties to the Covenant
recognize the right of everyone to an adequate standard of living for himself and his
family, including adequate food, clothing, and housing, and to the continuous
improvement of living conditions.

6. Right to Health (Article 12): The parties to the Covenant recognize the right of everyone
to the enjoyment of the highest attainable standard of physical and mental health.
 37

7. Right to Education (Article 13): The parties to the Covenant recognize the right of
everyone to education. They agree that education shall be directed to the full
development of the human personality and the sense of its dignity, and shall strengthen
the respect for human rights and fundamental freedoms.

8. Right to Participate in Cultural Life (Article 15): The parties to the Covenant recognize
the right of everyone to take part in cultural life, to enjoy the benefits of scientific
progress, and 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.

These are just a few of the key provisions of the International Covenant on Economic, Social and
Cultural Rights. The ICESCR, along with the Universal Declaration of Human Rights and other
international human rights instruments, forms the foundation of international human rights law,
promoting and protecting economic, social, and cultural rights around the world.

Q.20 state the constitution, powers and functions of national Human Rights Commission.

Ans-Q.11
Q.5
Q.21 write a short note

1) human rights of indigenous person

2) public interest litigation and human rights

1) human rights of indigenous person

The human rights of indigenous peoples are essential for recognizing and respecting their
distinct cultures, identities, and ways of life. Indigenous peoples around the world have
historically faced discrimination, marginalization, and violations of their rights. Recognizing and
protecting their rights is crucial for ensuring their dignity, well-being, and survival. Here are
some key human rights of indigenous peoples:

1. Right to Self-Determination: Indigenous peoples have the right to freely determine

their political status and pursue their economic, social, and cultural development. This
includes the right to autonomy or self-government within their traditional territories.

2. Right to Land, Territory, and Resources: Indigenous peoples have the right to
ownership, control, and use of their traditional lands, territories, and resources. This
includes the right to participate in decision-making processes that a ect their lands and
resources.

3. Right to Culture and Identity: Indigenous peoples have the right to maintain, revitalize,
and practice their cultural traditions, languages, and customs. They also have the right
to preserve and protect their cultural heritage and traditional knowledge.

4. Right to Free, Prior, and Informed Consent: Indigenous peoples have the right to give
or withhold their free, prior, and informed consent before any project or activity that may
 38

a ect their lands, territories, or resources is undertaken. This includes development

projects, resource extraction, and environmental conservation initiatives.

5. Right to Education: Indigenous peoples have the right to education that is culturally
appropriate and respects their languages, cultures, and traditional knowledge systems.
Education should promote intercultural understanding, tolerance, and mutual respect.

6. Right to Health: Indigenous peoples have the right to enjoy the highest attainable
standard of physical and mental health. This includes access to culturally appropriate
healthcare services, traditional medicines, and preventive health programs.

7. Right to Participation and Consultation: Indigenous peoples have the right to

participate in decision-making processes that a ect their lives, lands, and resources.
This includes the right to be consulted and to participate in the development,
implementation, and evaluation of policies and programs that impact them.

8. Right to Justice and Remedies: Indigenous peoples have the right to access justice
systems that are fair, impartial, and culturally sensitive. They also have the right to seek
remedies for violations of their rights, including restitution, compensation, and
rehabilitation.

9. Right to Freedom from Discrimination: Indigenous peoples have the right to freedom
from discrimination based on their indigenous identity, language, culture, or any other
characteristic. States should take measures to prevent and address discrimination
against indigenous peoples.

10. Right to Traditional Leadership and Governance: Indigenous peoples have the right to
maintain and strengthen their traditional forms of governance, leadership, and decision-
making. States should recognize and support indigenous institutions of governance and
justice.

These are just some of the key human rights of indigenous peoples recognized in international
law, including the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and
other relevant human rights instruments. Protecting and promoting the rights of indigenous
peoples is crucial for achieving justice, equality, and sustainable development for all.

2) public interest litigation and human rights

Public Interest Litigation (PIL) has played a significant role in advancing human rights in India by
enabling individuals and groups to seek judicial redressal for violations of fundamental rights
and issues of public concern. PIL allows any individual or organization to approach the courts
on behalf of those whose rights are infringed upon, even if they are not directly a ected by the
violation. Here's how PIL intersects with human rights in India:

1. Access to Justice: PIL has expanded access to justice for marginalized and vulnerable
groups, including the poor, minorities, women, children, and environmental activists. It
provides a platform for them to seek legal remedies for violations of their human rights.

2. Protection of Fundamental Rights: PIL has been instrumental in safeguarding

fundamental rights guaranteed by the Constitution of India, such as the right to life,
liberty, equality, freedom of speech, and the right to a clean environment. Courts have
 39

used PIL to address a wide range of human rights issues, including custodial torture,
environmental degradation, gender discrimination, and access to healthcare.

3. Judicial Activism: PIL has encouraged judicial activism by empowering the judiciary to
intervene in matters of public interest and social justice. Courts have taken suo moto
cognizance of human rights violations and issued directions to governments and
authorities to uphold constitutional values and principles.

4. Environmental Protection: PIL has been particularly e ective in promoting

environmental protection and sustainable development. Landmark cases such as MC
Mehta v. Union of India have led to the closure of polluting industries, preservation of
ecologically sensitive areas, and enforcement of environmental regulations.

5. Legal Empowerment: PIL has empowered civil society organizations, activists, and
concerned citizens to participate in the legal process and advocate for human rights. It
has democratized the judicial system by allowing non-governmental actors to bring
important issues before the courts.

6. Accountability and Transparency: PIL has enhanced accountability and transparency

in governance by exposing corruption, ine iciency, and abuse of power. Courts have
directed government agencies to disclose information, conduct impartial investigations,
and take corrective measures to address human rights violations.

7. Social Justice: PIL has contributed to the realization of social justice by addressing
systemic inequalities and discrimination. Cases related to a irmative action, minority
rights, and the rights of marginalized communities have led to policy reforms and
a irmative measures to promote equality and inclusion.

8. Preventive Justice: PIL has also served as a preventive mechanism by anticipating and
addressing potential human rights violations before they escalate. Courts have issued
guidelines and directives to prevent incidents of violence, discrimination, and abuse.

However, it's important to note that PIL also has its limitations, including concerns about
judicial overreach, forum shopping, and the potential for misuse by vested interests. Despite
these challenges, PIL remains a powerful tool for promoting human rights, social justice, and
the rule of law in India.

Q.22 human rights and terrorism

In India, the relationship between human rights and terrorism is complex and has significant
implications for national security, governance, and the protection of fundamental rights. India
has been confronted with various forms of terrorism, including separatist movements,
insurgencies, and attacks by non-state actors. Here's how human rights and terrorism intersect
in the Indian context:

1. Impact on Right to Life: Terrorism in India has resulted in numerous attacks causing
loss of life and injuries to civilians, security personnel, and government o icials.
 40

Terrorist incidents such as bombings, shootings, and hostage situations directly violate
the right to life enshrined in the Indian Constitution and international human rights law.

2. Protection of Minorities and Vulnerable Groups: Certain terrorist groups in India have
targeted specific religious or ethnic communities, leading to human rights violations and
communal tensions. Protecting the rights of minorities and vulnerable groups, including
religious and linguistic minorities, is essential for maintaining social harmony and
preventing further radicalization.

3. Right to Freedom of Expression and Assembly: Counterterrorism measures in India,

including security laws and regulations, have sometimes been criticized for restricting
freedom of expression, association, and peaceful assembly. Laws such as the Unlawful
Activities (Prevention) Act (UAPA) have been used to arrest individuals on charges of
terrorism-related o enses, leading to concerns about arbitrary detention and misuse of
state power.

4. Right to Fair Trial: Suspects accused of involvement in terrorist activities must be

a orded due process rights, including the right to a fair trial, legal representation, and
access to evidence against them. Special anti-terrorism courts and tribunals should
adhere to fair trial standards to prevent miscarriages of justice and ensure
accountability.

5. Protection of Humanitarian Workers and Journalists: Terrorist incidents in conflict-

a ected areas, such as Jammu and Kashmir and northeastern states, have targeted
humanitarian workers, journalists, and civilians. Upholding the rights of humanitarian
workers and journalists to carry out their work safely and freely is crucial for ensuring
access to humanitarian assistance, information, and accountability.

6. Preventive Measures and Countering Violent Extremism (CVE): India has

implemented various preventive measures and CVE initiatives to address radicalization
and terrorism. However, there is a need to ensure that such measures are rights-based,
focusing on addressing root causes of extremism, promoting inclusion, and respecting
human rights.

7. Protection of Indigenous Peoples: Certain terrorist groups operating in regions with

indigenous populations, such as Jammu and Kashmir and northeastern states, have
posed challenges to the rights of indigenous peoples. Upholding their rights to self-
determination, land, and cultural identity is essential for addressing grievances and
building sustainable peace.

8. International Cooperation: India has been actively engaged in international e orts to

combat terrorism and promote human rights. Strengthening cooperation with other
countries and international organizations is essential for addressing transnational
threats while respecting human rights and the rule of law.

In summary, addressing terrorism in India requires a comprehensive approach that upholds

human rights, strengthens rule of law institutions, promotes dialogue and reconciliation, and
addresses root causes of extremism. Balancing security imperatives with respect for
fundamental rights is crucial for building a resilient society that is able to withstand the
challenges posed by terrorism while upholding democratic values and principles.