Que. Who were George Marshal and Henry Kissinger ?

1.1 Introduction to Human Rights Ans. They were the former U.S. Secretary of the State.
Que. Who began “Operation Human Rights” ?
Ans. Jimmy Carter, the former President of the United States of America began
Operation Human Rights during the 1970's.
Que. Where is Hiroshima and Nagasaki ?
Chapter - 1
Ans. In Japan.
Introduction to Human Rights
Que. When was Hiroshima and Nagasaki Bombed ?
Ans. Hiroshima was bombed on 6th August 1945 and Nagasaki was bombed
Part-A on 9th August 1945.
Que. What is third World ? Que. Who dropped the atomic bomb on Nagasaki and Hiroshima ?
Ans. The poor or developing countries of Asia, Latin America, Africa are Ans. USA dropped the atomic bombs on Nagasaki and Hiroshima.
collectively known as Third World Countries,
Que. What is starving population ?
Part - B
Ans. Starving population is the population of people suffering from starvation or
Que. What does the UN Declaration of Human Rights proclaim ?
hunger.
Ans. The UN Declaration of Human Rights of 1948 proclaims a set of human
Que. What is C. I. A?
rights as a common standard of achievement for all people and all nations.
Ans. Central Intelligence Agency (USA) established in 1947 to coordinate U.S. Every individual and every organ of society shall strive, by teaching and
intelligence operations of U.S government department. education, to promote. ..respect for these rights and freedoms. These are
Que. Which five countries are having 50% of starving population? broadly divided into Civil and Political rights and Economic, Social and
Cultural Rights and are based on the principle of liberty, equality and
Ans. India, Bangladesh, Nigeria, Pakistan and Indonesia are having 50% of the security. Thus, the declaration recognizes the essence of self
starving population of the 1000 million persons living in starvation. determination, economic equality and promotion of international peace
Que. Who is Dr. Rahul Rai ? among nations for the welfare and development of mankind. The Declaration
Ans. Dr. Rahul Rai is the founder Director of Indian Institute of Human Rights. states: “AII human beings are born free and equal in dignity and rights.
New Delhi. They are endowed with reasons and conscience and should act towards
one another in a spirit of brotherhood”.
Que. What is U.N.?
Que. What is Human Rights ?
Ans. U.N. stands for United Nations. It officially came into existence on 24th
October 1945 with the ratification of its Charter by the majority of the Ans. In the language of the United Nations Centre for Human Rights, “Human
original 51 member states. Its purpose is to bring all nations of the world Rights could be generally defined as those rights which are inherent in
together to work for peace and development based on the principles of our nature and without which we cannot live as human beings”. It refers to
justice, human dignity and well being of the people. those basic rights and freedoms to which all humans are entitled, often
held to include the right to life and liberty, freedom of thought and expression
Que. Who wrote “This Whole Human Rights Business ? and equality before the law. The right to life means living with dignity.
Ans. Vladimir Bolshakov. There is no dignity in life without the basic requirement of minimum food,
shelter and freedom from disease. Hence, human rights are those minimum
Que. UNICEF stands for ?
rights which every individual must have against the state or other public
Ans. United Nations International Children’s Emergency Fund. authority, by virtue of being a member of the human family, irrespective of
Que. NGO stands for ? any other consideration.
Ans. Non Governmental Organizations,
1
Que. What are the causes of worldwide starvation as mentioned in this
chapter?
Ans. The Human Development Report 2002-2003, published by the UN, gives a
very gloomy picture of hunger and starvation, especially in the Third World
countries. About 18 percent of the world population goes hungry everyday.
India has the largest number of starving people 233 million, while Sub-
Saharan Africa has 183 million, China 119 million, East Asia and Pacific
74 million, Latin America 55 million and the Arab states 32 million.
One of the principal causes of starvation is the frequent occurrence of
famines. In the last 100 years Africa experienced famines in one country
or the other 25 times, Lain America six times, Europe three times and
Asia twelve times.
Over population and low levels of food production is another cause of
worldwide starvation, characteristic of most Third World countries.
Another significant cause of extensive worldwide starvation is poor
distribution of food to the famine affected areas in time, in spite of there
being adequate food supplies. Fact is that 1000 million people are starving
today in the world inspite of the fact that there is adequate food production
for feeding the whole world. The solution to starvation is not more production
but proper distribution of food supplies to affected areas in time.
Que. Elaborate on “Invisible malnutrition”.
Ans. The world “invisible” in this context means malnutrition that exists but is
not apparently visible and is not technically visible and is not technically
accounted for, based on statistical data on record. Malnutrition, found
mostly among children, resulting from lack of sufficient nutrients to
maintain healthy bodily functions, is typically associated with extreme
poverty in developing countries. A high percentage of children in these
countries are subjected to forced labour and exploitation, working long
hours on low wages, in unhealthy environment and on insufficient diet.
They have no protection from sun, rain, wind and cold. They suffer from
hidden or disguised hunger, what is referred to, in the UN jargon as “invisible
malnutrition”. It saps their energy, retards normal growth and the continued
low nutrient diet results in malnutrition.
Que. Write a note on “The whole Human Rights Business”.
Ans. It is a book written by Vladimir Bolshakov, who exposed the double faced
nature of American democracy and showed that Human Rights are
trampled upon in the United States itself. He also presented the counter
view that it was only in the USSR and other socialist societies in which
Human Rights could flourish.
Que. What are International Covenants ?
Ans. Any international issue on which agreement is reached on mutual respect
2
and is accepted by a required majority of the world’s nations, is called
international covenant. “The Convention on the Prevention of Genocide”,
“the UN Convention on the Elimination of Racial Discrimination”, “the
International Covenant on Economic, Social and Cultural Rights and “the
International Covenant on Civil and Political Rights” are some of the
important international Covenants. They are binding on the states that
have ratified them.
Part-C
Que. Elaborate on “The Universal Declaration of Human Rights” .
Ans. The foremost task of the United Nations after World War II was to adopt a
declaration by all nations guaranteeing the rights of individuals as a common
standard of achievement. The Universal Declaration of Human Rights was
adopted by the UN General Assembly on 10th December 1948 by 48
countries in favour of the Resolution, none against and eight abstentions.
This Declaration was drafted by the Commission on Human Rights.
Though not legally binding, the Declaration placed human rights at the
centre of the framework of principles and obligations shaping relations
with the international community. It consists of a preamble and 30 articles
that widely proclaims the universality of human rights, irrespective of political
ideologies and without discrimination in respect of race, gender, colour
and religion.
The Declaration proclaims two broad categories of human rights that need
to be respected, protected and enforced, namely Civil and Political Rights
and Economic, Social and Cultural Rights.
The Declaration has inspired new constitutions to adopt and guarantee
fundamental rights and create democratic institutions to safeguard individual
rights and fundamental freedoms.
Que. Elaborate on the UN proclamation “Mankind owes the child the
best it has to give”.
Ans. In any form of conflict or distress, (be it an internal civil war, a natural
calamity due to famine, floods or earthquakes, be it ethnic conflicts or an
exodus of refugees looking for safe refuge), the worst suffers and the most
vulnerable of all groups are the women and children. This is because of
their in capacity to respond to such crisis situations-Children in particular
are most vulnerable since they do not have the capacities to cope with
hunger, malnutrition disease and separation from their families. The hard
reality is that some 75 percent of the world’s 17 million refugees and
some 80 percent of 1.5 billion people in various parts of the world facing,
poverty, hunger, disease and homelessness are women and children.
The United Nations Declaration of Human Rights and various Covenants
and Conventions have voiced serious concern on the protection of the
 rights of children and their welfare. The two specific ones are the Declaration
and the Convention on the Rights of the Child. These instruments have
laid down basic principles which include enjoyment of special protection
and opportunities and facilities, by law and other means. These provisions
enable a child to develop physically, mentally and socially in a healthy
and normal manner. Every child is entitled to adequate nutrition, medical
care, education, housing and recreation./ The child is to be protected
from all manner of cruelty, neglect and exploitation. Based on these
safeguards, the UN Declaration proclaims that “Mankind owes the child
the best it has to give”.
However, these have remained merely pious words of hope. In actual fact,
even today, children are forced to work and child labour still exists. They
are exploited to work long hours on low wages, ill-treated and ill-fed and
suffer malnutrition that hampers their future development This is most
prevalent in Third World countries, especially in India. The Indian
Constitution guarantees free education for the child up to the age of 14
years as a fundamental right Even this right to education is an unfulfilled
obligation in democratic India. Illiteracy is the biggest obstacle to economic
development The Indian government and the public continue to violate the
rights of the child.
Que. Explain the role of NGOs in Protecting Human Rights.
Ans. The World Bank defines Non-Governmental Organizations (NGOs) as
“Private Organizations that pursue activities to relieve suffering, promote
the interests of the poor, protect the environment, provide basic social
services or undertake community development”. NGO’s are now being
perceived as powerful vehicles of change and development across the
globe. The United Nations has recognized the crucial role of NGOs in
shaping international opinion on matters relating to protection and
enforcement of human rights. The Vienna Declaration of 1993 reiterated
the need to extend governmental support and closely work with NGOs in
pushing through social and economic programmes. Amnesty International
(a UK based NGO which works for the release of political prisoners
throughout the globe) and the International Committee of the Red Cross
(ICRC) are among the two oldest and internationally reputed NGOs which
have been granted consultative status, which means they are consulted
by the United Nations on matters relating to human rights, under Article
71 of the UN Charter.
NGOs are the best medium for disseminating various development
programmes of the government. They provide quick and relevant feed back
on human rights violations and persuade governments towards moderation.
The limited size of their operation ensures efficiency and immediate
accountability to the target groups.
NGOs contribute significantly to the United Nations Human Rights
3
programme. They serve as an unique source of information, assist in
identification and drafting of new international conventions, setting human
rights standards and promoting human rights education at non-formal level.
Most NGOs generally focus attention on some specific facets of human
rights problems.
NGOs in developing countries work at the grass roots level where they
developed intimate knowledge of local people’s aspirations. However, NGOs
in developing countries have little opportunity to exchange experiences,
information sharing and solidarity building among themselves. There is a
clear need for greater integration and developing linkages between human
rights activists, educationists, jurists and administrators.
Que. “A world that spends more than 3 billion dollars a day on armed
forces and armaments, but can not afford a tiny fraction of that
amount towards eradication of poverty, shelterleesness, disease
etc.”. Elaborate.
Ans. The above statement captures the irony of poverty in the midst of plenty.
The highly advanced countries of the West engage in huge defence
spending on missiles, armaments and financing Wars in distant Iraq and
Afghanistan. On the other hand, the developing countries of the Third
World in Asia, Africa and Latin America are waging heroic struggles against
poverty, starvation, homelessness and disease. Such disparities are
humiliating, discriminatory and pose a potential threat to world peace.
The advanced nations, which once controlled colonies across the world,
have a moral responsibility to help the developing countries in their fight
against poverty, hunger and disease. There would be less misery and
suffering if only these prosperous nations partnered the Third World
countries by diverting a small fraction of their national income to fund
development projects, requiring high capital intensity in developing
countries. Capital assistance for education, health-care, clean drinking
water and better homes would improve the index of happiness of people in
the Third World at very minimal cost. Brazil, Russia, India and China
(BRIC) are emerging as potential markets for absorbing products from the
advanced economies which will benefit them.
On the other hand, we see developing countries spending heavily on defence
when they should be spending these amounts on development projects in
their own countries. They have no justification for doing so. Their only
justification is of the nation’s security. In this situation, the only sufferers
are the common people.
There are more than 1000 million people living in starvation. The
overwhelming majority belong to Third World countries pursuing the
capitalist path of development in Latin America, Asia and Africa. Of this
starving population, 50 percent of nearly 500 million people live in India,
Bangladesh, Nigeria, Pakistan and Indonesia.
 Majority of these countries are spending large amount of their national
income on arms and armaments. The existing economic disorder where
the prosperity of few exists alongside the poverty of the many, is the very
negation of the concept of Universal respect for human rights. There is
need for a wider awareness and for a global movement to set right the
wrongs that are being perpetuated
————————
Chapter - 2
Human Rights: Definition and Historical Background
Part - A
Que. When was the Atlantic Charter endorsed ?
Ans. Atlantic Charter was endorsed on 14th August 1941.
Que. How many nations participated (endorsed/subscribed) in the Atlantic
Charter ?
Ans. 47 Nations participated in the Atlantic Charter.
Que. When did the UN General Assembly adopt “the Universal Declaration
of Human Rights” ?
Ans. UN General Assembly adopted the UDHR on 10th December, 1948.
Que. How many maxims do the theory of human rights incorporate?
Ans. The Theory of human rights incorporates three maxims.
Que. Human Rights Concept exist in which religious approach ?
Ans. It exists in the Buddhistic religious approach.
Que. Who said the concept of “human rights is the result of man’s
inhumanity to man” ?
Ans. Justice D. V. Madan said the concept of Human Rights is the result of
man’s inhumanity to man.
Que. Under which Act human rights has been defined as “Human Rights
to mean the rights relating to life, liberty, equality and dignity of
the individual guaranteed by the constitution or embodied in
international covenants and enforced by courts in India ?
Ans. Protection of Human Rights Act 1993.
Que. Who said, “The story of Human Rights is thus the story of human
wrongs” ?
Ans. Justice D. V. Madan said “The story of Human Rights is thus the story of
human wrongs”.
4
Que. Who wrote the “Holy Family” ?
Ans. Marx and Engles wrote the book The Holy Family.
Que. Who wrote “On the Jewish question” ?
Ans. Karl Marx and Engles.
Que. Who is Justice A. S. Anand ?
Ans. Justice A. S. Anand was the former Chairman of The National Human
Rights Commission of India.
Que. Give the views of Mr. Soli Sorabjee on Human Rights ?
Ans. His concern is about protecting individual rights during emergency when
human rights normally get suspended and violation is a consequence.
Que. ICJ stands for ?
Ans. ICJ stands for/International Court of Justice”, The court set up by the UN
to judge disputes between states. It is in the Hague, Netherlands.
Que. Give the full form of NHRC ?
Ans. The full form of NHRC is The National Human Rights Commission.
Que. What are the various categories of human rights.
Ans. The various categories of human rights are:
(i) Civil and Political rights and
(ii) Economic, Social and Cultural Rights. Also a third category of human
rights is fast emerging but not fully established. It includes rights to
development, right to common heritage of mankind, environment
etc. These are referred to as “third generation rights”.
Part- B
Que. Define Human Rights in your own words.
Ans. Human Rights are those rights to which all human beings are entitled to
have and enjoy, simply by virtue of being born as humans. In other words
they are natural rights, common to all individuals whether he or she be in
Antartica or in Timbaktu. For example, the most fundamental human rights
is the light to life with dignity. This is possible only when the bare minimum
needs of life, like food and shelter, are available to us.
Que. Explain D. D. Basu’s description of the term “Human Rights”-
Ans. Prof. D. D. Basu explains human rights as those minimum rights which
every individual must have against the state or other public authority by
virtue of being a member of the human family, irrespective of any other
consideration. In other words, individual rights are claims against the state
and the state was obliged to fulfill its obligations towards its citizens.
According to Prof. Basu, human rights were founded on the old doctrine of
 natural rights, though the genesis of the expression “human” is of recent
origin, more specifically after the Second World War.
Que. Write three maxims of the theory of Human Rights as described by
Govind Mukhoty ?
Ans. A “maxim” means general trust, proverb, rule of conduct, principle etc.
Govind Mukhoty described that Human Rights cannot be evaluated in
isolation. They have to be read in their social context. The theory of Human
Rights incorporates following three maxims:
(i) “The God who gave us life, gave us liberty at the same time” by
Thomas Jefferson.
(ii) “Freedom comes from human beings rather than form laws and
institutions” by Clearance Darrow.
(iii) “The History of liberty is the history of resistance, history of the
limitations of Government power” by Woodrow Wilson.
Que. Define Human Rights in the words of Justice V. R. Krishna Iyer.
Ans. Justice V. R. Krishna Iyer is a champion of fundamental rights for the
common man and has delivered many land mark judgments on public
interest litigations (PIL’s) on behalf of the citizen of India.
According to Justice Krishna Iyer, fundamental freedoms and human rights
are indivisible. Full realization of political and civil rights cannot be achieved
unless there is legal activism. All religions uphold human divinity.
Every human is a divine being and has title to dignity, liberty, equality and
other basic rights. Human Rights have to be evaluated in their historical
and social context. Status of human rights takes us to the life style of a
society. That is why the Indian Constitutional approach is “Soaked in the
social milieu and human conditions”.
Justice Iyer believes minorities in a democratic society need to be
protected. At the same time there are excessive powers in the hands of
the executive. He suggests a constitution mechanism to prevent such
absolute power with a declaration of the rights and duties of man in society.
Que. What do you understand by human dignity ?
Ans. Human rights are those rights that respect and protect the dignity of the
human being. They are rights which are absolutely essential and without
which we cannot live. The air we breathe, has to be clean and pollution
free, if we are to survive. However, if humans are so irresponsible to release
radioactive substances and nuclear fission into the atmosphere, then there
is no life with human dignity. Bombing of Hiroshima and Nagasaki killed
and crippled millions of the future generation of Japanese from leading a
life of dignity. The Bhopal gas tragedy has maimed thousands of families
and robbed them of human dignity. Similarly, an environment of poverty
5
and deprivation, with thousands of children dying of starvation and
malnutrition, takes away human dignity of life Human rights have no
meaning in this situation. Cruelty and ill-treatment against women and
children deprives them of a life of dignity. Illegal custody and imprisonment
for years without trial destroys potential lives of the under trials and their
families. Such indignities negate the very essence of human rights.
Que. According to religious philosophical views, what is the basis of
human rights ?
Ans. The religion of man is located in the Vedas, Buddhist Texts, the Bible, the
Quran and other religion literature. Every human being is a divine being
and has title to dignity, liberty, equality and other basic rights. All religions
recognize the principle of human rights, such as freedom of thought,
brotherliness, love and compassion for the needy, equality before the
Almighty and dignity and respect for all persons.
According to religious philosophical views the basis of human rights is
“Dharma which is vitally concerned with humanity. Dharma is derived from
the root which means to uphold, support, to mourish and to integrate. It
covers the sum total of essential values and ideas on which political
economic, cultural and religions expression of life are based.
Part C
Que. Write an essay on “The Historical Background of Human Rights”.
Ans. The historical background of human rights traces the development of
defining basic dignity and worth of the human beings and their fundamental
entitlement. Denial of basic human rights and fundamental freedoms
creates social and political unrest and leads to violence and conflict among
nations. International agencies like the UNO, therefore, have laid stress
on the protection of human rights.
The Magna Carta of 1215 was the first instance in recent history to reduce
the absolute powers of King John of England. The American Revolution of
1776 and the French Revolution of 1789 threw open new vistas for
establishing people’s rights. The political philosophy of John Locke
developed the concept of natural rights that people possess certain rights
by virtue of being human. J. S. Mill and Hegel expanded the theme of
universality of human rights. Group movements have achieved profound
social changes during the 20 century in the name of human rights. Laws
gave workers the rights to strike and regulated child labour. Women’s
rights movements were active in securing rights for women. National
liberation movements succeeded in driving out colonial powers. Most
important was the movement of Mahatma Gandhi to free India form British
rule. The evolution of individual rights from the authority of the state has
expressed itself in a continuous struggle.
First we have the rights of self determination, a right regarded as belonging
 to peoples rather than individuals and applicable to people under foreign
domination. Secondly, there is the right to sovereignty over natural
resources of the country. The right to development is the right to participate
and benefit from development. The third generation rights extend to the
right to peace, the right to a satisfactory environment favourable to
development and the rights of ethnic, religious and linguistic minorities.
The problem, however, remains in the application, implementation and
protection of human rights. Enforcement of human rights is confined to
the national authorities, where the will to enforce is weak, leading to more
violations. The concept of human rights has always been evolving based
on historical and social circumstances, be they inherent rights or
fundamental rights. However, human rights are justifiable claims on behalf
of men. They are owed to the individual by the state as well as those at
the centre of power and authority.
Que. Elaborate on Mikhail Gorbachev’s views on Human Rights ?
Ans. Mikhail Gorbachev is of opinion that the modern world today needs global
strategies of life and environment protection. World stands in need of
human and peoples rights protection. It is impossible to solve one problem
without contracting and solving the other. Indeed, now-a-days, it is
impossible to attain nuclear disarmament and reasonable exploitation of
nuclear energy, to set up a comprehensive system of international security
and global strategy of life protection without working out the theoretical
aspects of the problem, without sizing up the ways of its practical realization
and codifying by law and constitution, the right to life as one of the
fundamental human and peoples rights. Many western scholars do not
consider this right to be a human right alleging that taken in broad
philosophic terms and interpreting it as a right common to all mankind. It
is not codified in international acts on human rights worked out by United
Nations particularly on the Universal Declaration of Human Rights and in
the international covenants on Human Rights. It is impossible to set up a
global strategy of life, protection without codifying in international acts
and realizing the rights of man and the people to political social, economic
and cultural choice, i.e. the human & peoples right of self determination.
Que. How is Buddhism and the concept of Human Rights related to each
other ?
Ans. The Buddha has taught us to honour parents, brothers, sisters, children,
other relatives and other persons in the society . If someone hurts anybody
physically or even vocally, he may be treated as a person lacking - the
basic human qualities.
Regard for human dignity is the basic social message of Buddhism. Every
person is required to treat others, just as he or she has love attachment
for himself or herself.
6
Buddhism as a philosophical position as well as a normal way of life, has
been concerned with spiritual salvation whereas human rights aims at
natural salvation, i.e. safety of the rights to equality, dignity and freedom
at wordly level.
However, Buddhism does not talk of imaginary idealism as misunderstood
sometimes by some people. It is very much based on the experience of
day to day life. It advocates for observance of moral duties towards one
another among people in the society. It is a fact that each and everyone
cannot give up wordly life and become a recluse. The Buddha was well
aware of this fact Therefore he prescribed a moral code of conduct for
householders as well as homeless recluses which ensures safeguard of
human dignity. Of course, Buddhism lays more emphasis to the attainment
of spiritual salvation.
On the other hand cultural background of western societies where natural
rights concept was given by the 17th and 18th century classical liberals
like Hobbes and Locke has been traditionally different from the social and
cultural milieu in which Buddhism developed. Thus Buddhist thought has
comparatively a wider spectrum of the modern notion of Human Rights
claims. Therefore there may be a good scope of reconciliation between
the two concepts emanating from altogether different historical background.
Thus to conclude we can say that Buddhism and the concept of Human
Rights are related to each other.
Que. What basic essentials are described in the chapter for qualifying a
particular right to be human rights ?
Ans. The basis essentials as described in the chapter for qualifying a particular
right to be human rights are as follows :-
(i) It must be a right of individual or group of individual.
(ii) It can only be executed in a society for and against state by individual
or groups.
(iii) Those rights must be inalienable and human beings must be entitled
to them by birth.
(iv) It must be of permanent, universal and legal concept in all spheres
of life.
(v) Those rights must be meant to uphold human dignity and equality
and to set forth liberty and fraternity to all without any kind of
discrimination.
(vi) These rights are minimum requirements for survival of mankind or
human beings in societies.
(vii) These rights are protected and enforced by the authority of society
or state at all levels.
In brief, “human rights comprise rights of individuals or groups in a society
 in all spheres of life since inception upto the last, i.e. from birth to death. the society. It maintains stability of the social order and promotes well
Que. Elaborate the genesis of the liberal concept of human rights. being and progress of mankind. Dharma thus asserts to oneself good
conduct and conscientious principles that spring from and aim at increasing
Ans. The genesis of the liberal concept of human rights can be traced to the one’s happiness and well being.
political philosophy of John Locke. He developed the concept of natural
rights, that people possess certain rights by virtue of being human. Locke Que. What is Adharma ?
believed that natural rights were derived from divinity since humans were Ans. Dharma means which upholds, supports and nourishes the society. The
the creation of God. His ideas were important in the development of the opposite of Dharma is called “Adharma”.
modern notion of human rights. The US Declaration of Independence Que. What is “Moksha” ?
includes the concept of natural rights and famously states “all men are
created equal, that they are endowed by their Creator with certain inalienable Ans. Moksha means salvation.
rights, that among these are life, liberty and pursuit of happiness”. Que. Who said “There is no act of man which is free from desire, Whatever
Any concept of human rights which can be acceptable to the modern man does is the result of impulse of his desire.”?
liberal democratic societies must satisfy two conditions. The rights must Ans. “There is no act of man which is free from desire. Whatever man does is
be equal in an effective manner. Second, there must be an obligation on the result of his desire” This was said by Manu.
others to accept each notion of natural rights to meet these requirements.
Que. Which impulses are considered as man’s enemies, and if they are
Both Hobbe’s and Locke’s views on natural rights fail to meet these
uncontrolled they create selfish desire and cause injuries to others
requirements due to the same basic postulate. Both writers imputed to
as a result of which wrongful actions/acts are done and happiness
the nature of society a permanent conflict of interests between individuals.
is sacrificed in the long run ?
Thus classical liberalism, which lies at the heart of the natural rights
tradition, cannot be acceptable to modern liberal democracies as it glorified Ans. (i) Krodh (Anger) (ii) Moha (Passion)
bourgeois self interest. Although natural rights were claimed in the name (iii) Lobha (Greed) (iv) Mada (infatuation)
of human freedom, they are now not considered as sufficient statement of
(v) Matsarya (Hostility) and (vi) Artha (Economic Prosperity).
human essence or freedom, even in countries where they originated. The
liberal democratic concept of human rights has now come to mean defense Que. Who was Kautilya ?
of the rights of the human being against abuses of power by the organs of Ans. Kautilya was the writer of Arthashashtra.
the state.
Que. “Sarve Bhavantu Sukhinah” means ?
————————
Ans. “Sarve Bhavantu Sukhinah” means let at all people be happy.
Que. What is Artha?
Chapter - 3 Ans. Artha means economic prosperity. Artha is one of the four cardinal values
Human Rights Basis and Sources which constituted the ancient cultural heritage of India.
Que. What is Kama?
Part-A Ans. Kama means pleasure of sensous activities. Kama is also one of the four
cardinal values which constitute the ancient cultural heritage of India.
Que. Name any eight type of human rights as described in this chapter?
Que. Which four cardinal values constituted the ancient cultural heritage
Ans. 1. Right to Happiness 2. Rights to Equality
of India?
3. Right to Education 4. Right to Religion
Ans. Four cardinal values which constituted the ancient cultural heritage of
5. Protection 6. Social Security India are: ‘Dharma, Artha, Kama, and Moksha.
7. Right to Justice 8. Right to Humane treatment Que. Who was Charvaka?
Que. What is Dharma? Ans. Charvaka was one of the pioneers and powerful exponents of materialism.
Ans. The term “Dharma” means that which upholds, supports and nourishes
7
Que. Who was Vatsayana ?
Ans. Vatsyana was the author of Kamasutra. He refined the materialist
philosophy of Charvaka.
Que. What is Article 21 of the constitution of India ?
Ans. Article 21 of the constitution of India lays down that “No person shall be
deprived of his life or personal liberty except according to procedure
established by law”.
Que. Who said “Vidya Bihinah Pashu” ?
Ans. The Great Sanskrit poet Bhartruhari of the first century said, “Vidya Bihinah
Pashuh” meaning a man without education is equal to an animal
Que. What is meant by right to social security ?
Ans. Assistance given to the elder citizens, those who are physically deformed,
diseased and unable to earn is covered under the right to social security.
Que. Who was Manu ?
Ans. Manu was the law giver in ancient India.
Que. Bhagwat Gita was written by whom ?
Ans. Vyas.
Part-B
Que. Elaborate on Article 1 of the Universal Declaration of Human Rights.
Ans. Article 1 of the Universal Declaration of human rights says “All human
beings are born free and equal in dignity and rights. They are endowed
with reason and conscience and should act towards one another in a
spirit of brotherhood.”
Thus the article 1 of the U.D.H.R. speaks of equality of all human beings.
It means there should be no discrimination based on race, language,
colour, sex, etc. Everyone should be entitled to equal treatment in all the
spheres of economic, social, and cultural activities. Also each human
being should act towards one another in a spirit of brotherhood, so that
there is international peace with economic development.
Que. Explain Charvaka Philosophy? On what grounds his philosophy
was rejected by the adherents of vedic philosophy, and most of the
other philosophical schools in India ?
Ans. Charvaka was one of the pioneers and powerful exponents of materialism.
His words were sweet and alluring, for charu means nice and vaka means
words. Reference to his philosophy is found in the vedas, puranas and
epics, Ramayana and Mahabharatha in an interesting manner but could
not have lasting effect on the spiritual life of Indians.
8
However, vedas and vedic philosophy did not accept the materialism of
Charvaka and as such it was mostly rejected by the vedic culture of India.
It was rather criticised and condemned by most of the philosophical schools
of India as it was gross hedonism, (doctrine that pleasure is the chief
good) It was also felt that such individualistic and gross material interest
would destroy social structure and frame of human relations. The pleasure
seeking worldly pursuits would spoil the ethical and cultural values which
are the basis of human rights.
Charvaka laid emphasis on spiritual discipline, self control and self sacrifice
to some extent which are the basic human rights i.e. restraint of one’s
pleasure for allowing others to live gracefully.
Que. Elaborate on “Just as the mother earth gives equal support to all,
the living beings, so also a king should give support to all without
any discrimination,” ?
Ans. In explaining Rajdharma Manu says “just as the mother earth gives equal
support to all the living beings, so also a king should give equal support to
all without any discrimination”. Hence it is emphasized that a king should
give equal treatment to all the citizens in the same manner as a mother
towards her children. Article 14 of the constitution of India has also aptly
said” state shall not deny to any person equality before law or the equal
protection of law within the territory of India”.
Article 14 of the Constitution is regarded as the fundamental right to
equality, which secures equality of the individual before law and equal
protection to all on the part of the state. The Supreme Court and High
Court of India, in different states have also ensured right to equality of the
Indian citizens through their various judgments.
Que. Elaborate on “the Right to Happiness” ?
Ans. Human beings desire happiness at every stage and in every sphere of his/
her life. Pleasure or satisfaction gives happiness and displeasure or
frustration creates unhappiness. Man is apt to avoid unhappiness and
seeks happiness. Hence, it is natural human right to be happy and without
happiness, life becomes dull and dreamy. Right to happiness is therefore,
essential for every individual and has been recognized as the essence of
life. Satisfaction of basic human needs enable us to live a life with dignity
and this leads to happiness.
Part-C
Que. Comment on the four cardinal values which constituted the ancient
cultural heritage of India ?
Ans. Dharma, Artha and Kama & Moksha are four cardinal values which
constituted the ancient cultural heritage of India. The ancient heritage of
 India was not only rich and great but also mostly spiritual and ethnical in
nature . Although there were some contradictions and contention to the
basic value, these principles ultimately predominated the spiritual life of
Indians.
The term “Dharma” means that which upholds supports and nourishes the
society. It maintains stability of the social order and promotes well being
and progress of the mankind. Dharma thus asserts to oneself good,
conscious and conscientious principles that spring from and aims at
increasing one’s happiness and well being . It frees us from ignorance,
fear, disease and other evils and cherishes and moulds fellow feelings,
brotherhood, amity and other good feelings.
The vedas and puranas contain basic principles of Dharma, Artha, Kama
and Moksha. Dharma was practically dominating better aspects of Indian
life in the past. It influenced substantial social economic and political life
and created a social order which was a unified configuration of ideas, and
practices that are mostly ethical as well as spiritual.
Artha means Economic prosperity and kama means pleasure of sensuous
activities. Although Artha and Kama in ancient India were suppressed
and dominated by Dharma, they were not entirely neglected or under
estimated. It of course deals with worldly affairs and abundant activities of
mankind, but were profoundly influenced by religious pursuits.
Que. Elaborate on “Family is the natural and Fundamental group unit of
Moksha or Salvation was the ultimate reality for Indian and aims at not
only salvation from birth but also from ignorance and poverty of all kinds.
Ans.
It was closely related to spiritual and religious pursuits of the people.
Thus Dharma was taken as the ultimate reality and basic to all spiritual
activities of the ancient Indians. The material attainment through Artha
and Kama the two most important worldly pursuits were an integral part of
Dharma and the purpose of all these achievements was the realization of
the ultimate end life of Moksha.
Que. Explain what is right to Education ?
Ans. Through ages education is regarded as a mean of equality and potential
instrument for social change. An individual can improve to the maximum
mainly through education. Therefore vedas laid stress on these pious
obligations as dharma, namely gratitude in which every individual has an
obligation to the source of all benefits received by him including his own
existence.
According to the great Sanskrit poet Bhartruhari “Education is the special
manifestation of the man. Education is the treasure which can be preserved
without fear, or loss. Education secures material pleasure, happiness
and fame. Education is the teacher of teachers. Education is the friend
when one goes abroad, Education is god incarnate.
9
Education secures honour at the hands of the state, not money. A man
without education is equal to animal i.e. he can be truly called ‘Vidya
Bihinah Pashuh”.
Patanjli highlighted four aspects of education with necessary duties to
every individual
(i) Acquire knowledge/education from parents and teachers
(ii) Study and improve knowledge on your own
(iii) Impart value based education to every individual and to your children
as parents and to other as teachers, and
(iv) Use knowledge for the benefit of family and society through your
profession or avocation.
These four aspects of education have been emphasized not only for
improving the education but also for developing the society. Importance of
education thus cannot be over estimated and it has been rightly emphasized
for the development of the child. Right to Education” has therefore been
guaranteed to every child. The Constitution of India says, “the state shall
endeavour to provide within a period often years from the commencement
of this constitution free and compulsory education for all children until
they complete/attain the age of 14 years”.
society and is entitled to protection by society and the state?
“The family is the natural and fundamental group unit of society, and is
entitled to protection by society and the state.” This is the provision as
given under Article 16 (3) of the Universal Declaration of Human Rights of
10th December 1948.
Similar protection for family can be found in other national and international
instruments/treaties. The International covenant on Economic, Social and
Cultural Rights has also stated, “The widest possible protection and
assistance should be accorded to the family which is natural and
fundamental group unit of society particularly for its establishment and
while it is the responsibility for the care and education of dependent
children”. Thus family provides a natural system of social security for
individuals. For all individuals are not equal and they have individual
differences of all kinds. Many individuals suffer from deficiencies like
poverty, disease and other difficulties. They are not able to earn their
livelihood and even to get education for leading a happy life due to physical
deformities/disease. Nowadays a system of social security has emerged
as an alternative source of protection. But it is only in the family that the
best possible growth of individual is possible. It is only through the family
that the child grows and is cared for. All his individual needs and aspirations
are possible only in the family. So therefore keeping in mind its importance,
 family is to be provided all possible protection by the society and the
state.
Que. Elaborate on how Dharma, Artha and Kama can help in promoting
welfare and happiness among the people in the society as a whole?
Ans. Human beings desire happiness at every stage and in every sphere of his/
her life. Pleasure or satisfaction gives happiness and displeasure or
frustration creates unhappiness. Man is apt to avoid unhappiness and
seeks happiness.
Dharma or righteous conduct, ensures happiness among the people,
through the path of Dharma. The people are overpowered by sensual desire,
passion and greed. Manu has therefore laid down tri-varga i.e. Dharma,
Artha, and Kama for promoting welfare and happiness among the people.
This is basic philosophy of Indian life and this doctrine was introduced to
strike a balance between the interest of individuals and that of public. The
objective was to secure right to happiness through supremacy of Dharma
over Artha. The advocates of Dharma also observed that the fulfilment of
desire was an essential aspect of human life, without it life was meaningless.
But such desires are to be regulated by the principles of Dharma.
Peace is the outcome of happiness and if peace is sought and found,
then naturally happiness is ensured. In Mahabharat also a stateless
society was contemplated where human rights were protected by others
confirming to Dharma. Kautilya in Arthashastra incorporates the Rajdharma
emphasising the right to happiness of all individuals and the righteous
duties of the king.
The principle of Dharma is inculcated in the heart of every individual. The
principles should also prevail in the modern democratic society which
stands for the ideal “Sarve Bhavantu Sukhina” (let all people be happy).
Every individual will act upon the principles of the ‘tri verga’ Dharma, Artha,
Kama to achieve happiness and prosperity. Only then the whole society
can become happy.
Que. Comment on, “The Right to Humane Treatment” ?
Ans. Humane treatment is pervasive and comprehensive if we will allow equality,
equity, happiness and social security. It is implied that we have to be
humane and considerate. Employees enjoy the right to humane treatment
if they have been given fair wages and decent facilities, bonus and other
incentives. Similarly, deceased employee’s son or daughter is to be given
preference for the appointment. This right has been an integral part of
mankind.
Article 23(3) of Human Rights Declaration says, “Everyone who works
has the right to just and favourable remuneration ensuring for himself and
his family an existence of worthy human dignity and supplemented, if
10
necessary by other means of social protection”.
Similarly an individual in custody or in prison deserves humane treatment.
The officer incharge of prison and lock up should be aware of the basic
right and ensure protection to the prisoners.
Despite stringent constitutional provisions specifically against in humane
treatment while in police custody, such offences in India are found to be
rampant. The constitutional provision requiring production of a prisoner or
an arrested person before a Magistrate within 24 hours, is seldom adhered
to. Fortunately the Indian judiciary has been alert and active in bringing
such cases to justice. The Supreme Court and High Courts in India have
declared human rights (involving violation of fundamental rights) as a subject
matter of Public Interest Litigation which delivers quick justice to any
aggrieved citizen.
————————
Chapter - 4
Human Rights The Ideas & Ethos
Part-A
Que. What is idea ?
Ans. Notion in the mind, conception, vague belief, a plan etc. formed by thinking,
a thought and suggestion is known as idea.
Que. What is ethos?
Ans. The characteristic spirit, moral values, ideas, belief of a group, community
or culture are known as ethos.
Que. What are Rights ?
Ans. Rights are basically claims which are entitled to each and every human
being at the time of birth,
Que. What are “trumps” ?
Ans. Apart from human rights, there are other objects that can have a claim for
protection, like trees, rocks, heritage buildings animals etc., because of
their great importance to society. This special importance of rights in a
social system is described by Ronald Dworkin as ‘trumps’.
Que. Name some civil and political rights ?
Ans. Some of the civil and political rights are as follows:- Rights to life, liberty,
security of the person, privacy and property, the right to marry and raise a
family, the right to a fair trial, freedom from slavery, torture and arbitrary
arrest, freedom of movement and to seek asylum, the right to a nationality,
 freedom of assembly and association, and the right to free elections,
universal suffrage and participation in public affairs etc.
Que. What is claim ?
Ans. Claim means demand of a right that is due to an individual and which he
can legitimately claim. For example an individual can claim protection
from the state for safety of his life and property
Que. What is protocol ?
Ans. Instruments revising the terms of conventions or adding further provisions,
generally are known as protocols.
Que. What is significance of June 12,1970 ?
Ans. On June 12, 1970 the seminar on the role of youth in the promotion and
protection of Human Rights was held in Belgrade from June 2 to June
12,1970 under the joint auspicious of United Nations.
Que. Who wrote “There is nothing which generally speaking elevates
and sustains the human spirit more than the idea of rights” ?
Ans. Alexis de Tocqueville.
Que. Who was Maurice Cranston ?
Ans. He was a political philosopher and recognized civil and political rights of
individuals as human rights.
Que. What rights are included under “Collective Rights” ?
Ans. Collective rights are related to the security of the group or society. These
include right to self determination, freedom from discrimination, and freedom
from neo- colonialism.
Que. Give examples of rights included under Economic and Social rights
?
Ans. The rights included under Economic and Social rights are as follows such
as; right to work and for a just reward, the right to form and join trade
unions, the right to rest and leisure, and to periodic holidays with wages.
Que. What is meant by negative and positive rights ?
Ans. “Negative” human rights are rights that government or private entities may
not take action to remove. These are rights to life, security of a person,
freedom from slavery, equality before the law and due process of law,
freedom of movement, speech, religion, assembly etc.
“Positive” human rights denote entitlements that the state is obliged to
protect and provide. For example, the right to education, health care,
livelihood etc. These are codified in UDHR (Art 22-28)
Que. Seminar on the role of youth in the promotion and protection of
human rights was held in Belgrade on which date ?
11
Ans. 2nd to 12th June, 1970.
Part - B
Que. What are the five main elements of a “ Rights as a moral possession?
Ans. The idea of right as a moral possession or a normative property is based
on the following five elements:
A right holder (the subject of a right) has a claim to some substance (the
object of a right), which he or she might assert, or demand, or enjoy, or
enforce (exercising a right), against some individual or group (the bearer
of the correlative duty), citing in support of his or her claim some particular
ground (the justification of a right). Thus, there are the five main elements
of a “Right” as a moral possession.
The right holder, must be most obviously an individual. But it could also
be a group, a family, a tribe, a company, a nation, a state, a region, a
culture, even the globe itself (as in the journalist’s cry “The world has a
right to know).
Recently, it has been suggested that not only animals, but also trees
rocks or heritage buildings have rights. The object of a right is what it is a
right to. This may be negative,” a claim to a secured space in which
subjects might pursue their own concerns without interference or it may
be positive, a claim that the space be filled with something.
Que. Elaborate on the concept of “Rights” ?
Ans. The term “Rights” means claims, title, allowed or due etc. The term Right
consists of different interpretations in different situations. For e.g.. When
a teacher puts a tick by a sum a child knows that this means that he or
she has produced the right answer; when a minister advices us to do what
is right, we understand that we are being enjoined to follow the course
that is morally correct. So, these conditions, feeling all right and acting
rightly, all those are the different interpretations of the term right in different
situations.
The idea of a right as a moral possession or as “normative property” is the
stock in trade of lawyers, and this work has been important in the definition
of the concept. A right in this sense can be thought of consisting of five
main elements, a right holder (the subject of a right) has a claim to some
substance, (the object of a right), which he or she might assert, or demand,
or enjoy, or enforce (exercising a right) against some individual or group
(the bearer of correlative duty). Citing in support of his or her claim some
particular ground (the justification of a right). A right as something one
has as well as right as description of a moral act.
Que. What does the addition of ‘human’ to rights signify ?
Ans. It means in the first place that everybody has them. The subjects of human
rights are not member of this or that society, but of the community of
humankind. There is some question about full membership in this
community, for example for children, or the insane. And there is some
doubt as to whether groups can count as members in the sense of
themselves being subjects of human rights. But the basic qualification for
holding human rights is to belong to the human race.
Secondly the objects of human rights, like those of plain rights are of
great importance. But just as rights may be said to override other
considerations human rights may be said to override mere rights.
All basic human rights are said to have three correlative duties, duties to
avoid depriving, duties to protection from deprivation and duties to aid the
deprived.
Que. Comment on the list of Human Rights ?
Ans. Generally there are three groups of rights that constitute the list of rights.
These are (i). Civil and political rights, (ii). Economic and social rights (iii).
Collective rights.
(i) Civil and political rights: These rights include right to life, liberty,
security of a person, privacy & property, the right to marry & raise a
family; the right to a fair trial, the right to a fair trial, freedom from slavery,
torture and arbitrary arrest; freedom of movement and to seek asylum;
the right to a nationality; freedom of thought, conscience and religion;
freedom of opinion and expression; freedom of assembly and association
and the right to free elections, universal suffrage and participation in public
affairs.
(ii) Economic and social rights: These include the right to work and for
a just reward; a right to form and join trade unions; the right to rest and
leisure and to periodic holidays with pay; the right to standard of living
adequate to health and well being, the right to social security; the right to
education and the right to participation in the cultural life of a community.
(iii) Collective rights These include those of nations to self determination;
of races to freedom from discrimination and of classes to freedom from
neo-colonialism.
Que. What does the Charter of San Francisco enjoin the United Nations
to strive for ?
Ans. The Charter of San Francisco enjoined the United Nations to promote
human rights and fundamental freedoms for all without regard to race,
sex, language or religion. It not only imposed upon the newly established
organisation a responsibility rare in the annals of international relations, it
also provided it with a unique opportunity to lead the world to its triumphant
12
emergence from the struggle for national advantage into a new era of
constructive co-operation for the good of man.
The introduction of human rights into the sphere of international relations
was a revolution of tremendous proportions and what marked the
emergence of the United Nations on the scene of history was its
commitment to the proposition that is the well being of individual men and
women.
Whatever be the nature of rights that follow from the Charter of San
Fransisco, the reaffirmation of man as the measure of all things emerges
as a compelling necessity.
Part C
Que. What are the basic ethos of Human Rights ?
Ans. The ethos of human rights, as reflected in the Declaration of Human Rights,
was to establish a world order in which all human beings could fulfill their
aspirations of promoting respect for human rights and fundamental
freedoms of the individual. Everywhere, man’s inhumanity against man
was the root cause of man’s misery in the form of torture, discriminations
due to race, colour, sex, religious beliefs and on ethnic grounds. The
Universal Declaration gave an opportunity to all mankind of steering itself
towards individual freedom and social rights. The reaffirmation that man is
the measure of all things emerged as a compelling necessity.
The United Nations Charter gave human rights an international status
where violations of human rights in any form became an international
concern and therefore, provided an international forum for redressal. Victims
of poverty, ignorance and oppression, have all found in the principles of
Art 1 of the Charter, a promise of emancipation and progress. The Charter
provisions hold out vast opportunities of touching all areas of human activity
and provide a basis for social, political, economic and cultural innovations.
The essence of human rights is the redemption of the Universal Declaration
with its promise of political freedom, social justice, economic progress,
universal peace and above all enlargement of the human spirit. It
encompasses the entire world and has every dimension of human condition
in its grasp. It extends the family of man beyond the domestic hearth. It
brings self awareness to the disenfranchised, the alienated, to those
frustrated and the desperate everywhere.
Que. Comment on Grounding of Human Rights.
Ans. All of us have human rights and have them equally by virtue of our being
human. These rights are grounded in an appeal to our human nature.
It might take the form of an appeal to our physical nature. We have certain
physical characteristics like the need for food, to being vulnerable to
 violence, capacities to reason out things, to learn and so on. From this Chapter - 5
can emerge a set of needs required to be met for assuring our survival and
well being. These may include physical survival needs, social Human Rights the United Nations
belongingness needs and individual subjectivity needs. However, the appeal and its Charter
to needs basis for rights does not give us a formula to translate one in to
another.
Part - A
The second appeal is to our moral nature which strives to achieve or
recognize the concept of human dignity. For example, we know that the Que. What is significance of October 24,1945 ?
life of a slave does not accord with human dignity and does not meet the Ans. The United Nations officially came into existence on 24th October, 1945.
standards required by human rights.
Que. What is the purpose of UN ?
There is a third sense in which, human rights, as basic right, appeal to Ans. The purpose of United Nations is to bring all nations of the world together
what is necessary for the enjoyment of a, dignified life. These basic rights to work for peace and development, based on the principles of justice,
are essential to the enjoyment of all other rights. Rights in these formulations human dignity and the well being of all people.
are not need based, for the appeal is to what is essential for a proper
human life. Que. Who is the Secretary General of the United Nations ?
Que. What do you understand by “Rights and the Language of Politics ? Ans. The senior most officer of the United Nations Secretariat is the Secretary
General of the United Nations. At present Mr. Ban Ki-moon is the Secretary
Ans. Rights are legitimate claims and a part of ones status as a person. They General of the United Nations.
are not favours done by the holders of power to those who claim the
rights. The exercise of rights between the giver and the taker arises out of Que. How many articles are there in the UN Charter ?
a concern for the same values that underpin our own dignity as individuals. Ans. There are hundred and eleven articles in the UN Charter
The link between the status of personal to human dignity shows that the
Que. When was the League of Nations founded ?
idea of rights is connected closely to that of political individualism. It is
the purpose of political arrangements to preserve these rights. Ans. The League of Nations was founded immediately after the first world war.
It was established in 1919.
It is largely through political struggles that peoples of nations have won
their rights of liberty, equality and brotherhood. The American struggle for Que. What is the Security Council ?
independence and the French revolution were inspired by the political Ans. Security Council is an organ of the United Nations concerned with keeping
ideas of liberty of Locke and Hobbes. Political rights are essential for peace
progress. For example J. S. Mill argued that advance of civilization
Que. Which articles of the U.N. Charter deal with the functions and powers
depended upon the protection of individual liberty.
of the members of the Security Council ?
The language of politics must however maintain a balance between
Ans. Article 24,25 and 26 of the U.N. Charter deals with the functions and
extremism of rights and political ideas leading to nationalism. It produces
powers of the members of the security council.
rigid and self-righteous attitudes. Rights must be kept in place within the
frame work of the political system. Que. What does articles 20, 21 and 22 of the United Nations Charter deals
with ?

———————— Ans. Articles 20, 21 and 22 of the United Nations Charter deals with the
procedures of the General Assembly.
Que. How many official languages are used by the UN ?
Ans. Six official languages are used at the United Nations, Arabic.. Chinese,
English, French, Russian and Spanish.
Que. Where is the UN headquarter situated ?
Ans. The United Nations headquarter is in New York city.

13
Que. The United Nations officially came into existence on 24th October
1945, with the ratification of U.N. Charter by how many members
states ?
Ans. The United Nations officially came into existence on 24th October 1945,
with the ratification of U.N. Charter by a majority of the original 51 member
states.
Que. What happened in 1944 ?
Ans. In 1944 representatives of China, the U.K., the U.S. and the U.S.S.R. in
their meeting at Dumbarton Oaks in Washington D.C., prepared a blueprint
for an international organization (United Nations).
Que. When was the Earth Summit in Rio-De-Janeiro, Brazil held?
Ans in 1992, the Earth Summit was held in Rio-De-Janeiro, Brazil.
Que. Which day is celebrated as “United Nations” Day?
Ans. 24th October is celebrated every year as “United Nations” Day.
Que. Define Article 25 of the U.N. Charter.
Ans. Article 25 of the UN Charter states that members of the United Nations
agree to accept and carry out the decisions of the Security Council in
accordance with the present Charter.
Part-B
Que. What can be said about the UN and its Charter ?
Ans. The United Nations officially came into existence on 24th October 1945,
when the UN Charter had been ratified by a majority of the original 51
member states.
UN Charter:- Even as the second world war raged, the leaders of Britain,
China the U.S. and USSR, under intense pressure from the press and
public discussed the detail of post war organization. In 1944 representative
of China, The U.K. the U.S & the USSR, meeting at Dumbarton Oaks in
Washington DC, prepared a blue print for an international organization.
Towards the end of the war representative of 50 countries gathered in San
Francisco between April and June 1945 to hammer out the final text that
would lay the foundation of international co-operation. This was the Charter
of the United Nations signed on 26th June by 50 countries. Poland the
51st country was not able to send a representative to the conference but
is considered an original member.
The purpose of the United Nations is to bring all nations of the world
together to work for peace and social and economic progress, based on
the principles of justice, human dignity and well-being of all people.
14
Que. What do you understand by the UN system ?
Ans. The United Nations is made up of member states, developed, developing
and underdeveloped, with varying political ideologies and different interests.
All actions depend on the will of the member states to accept, fund or
carry them out. It requires a complex, often slow process of consensus
building, taking into account national sovereignty and global needs.
The specialized Agencies of the UN system, are separate, autonomous
inter governmental organizations which work with the UN and with each
other. These agencies work in different fields like trade, communication,
transport, agriculture, education to name a few. Thy work in countries as
partners and depend on funds from member states.
Recently, international conferences organized by the UN have gained
significance. With the Earth summit in Rio (Brazil) in 1992, these forums
have become important in deciding national and international policies in
respect of environment, human rights and economic development. NGO’s
participation is significant and they voice their concerns on various issues
which are considered as important inputs in decision making.Besides
these, a host of specialised Agencies and NGOs comprise the UN system.
Que. Write a note on the aims of the United Nations.
Ans. The aims of the United Nations are:
1. To maintain international peace and security and to that end to take
effective, collective measures for the prevention and removal of threats
to the peace, and for the suppression of acts of aggression or other
breach of the peace. To bring about by peaceful means and in
conformity with the principle of justice and international law,
adjustment in settlement of international disputes on situations which
might lead to a breach of the peace.
2. To develop friendly relations among nations based on respect for the
principle for equal rights and self determination of peoples, and to
take other appropriate measures to strengthen universal peace.
3. To achieve international co-operation in solving international problems
of an economic, social, cultural, or humanitarian character, and in
promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction as to race, sex,
language, or religion and
4. To be a center for harmonizing the actions of nations in the attainment
of these common ends.
Que. What are the principles of the United Nations ?
Ans. The principles of the United Nations are:
(i) All member states have sovereign equality (recognition of
sovereignty)
 (ii) All member states must obey the Charter
(iii) Countries must try to settle their differences by peaceful means and
through international co-operation
(iv) Countries must avoid using force or threatening to use force
(v) The UN may not interfere in the domestic affairs of any country,
(vi) Countries should try to assist the United Nations.
Que. Discuss the structure, composition and functions of the principal
organs of the United Nations ?
Ans. The Principal Organs of the United Nations are:-
(a) General Assembly
(b) Security Council
(c) Economic and Social Council
(d) Trusteeship Council [suspended operations in 1994]
(e) International Court of Justice and,
(f) Secretariat
(a) The General Assembly
The main deliberative organ of the UN and forum for international issue.
The General Assembly consists of all members of the United. Nations.
Each member shall have not more than five representative in the General
Assembly. The General Assembly may discuss any questions or any
matters within the scope of its Charter or relating to the powers and
functions of any organs provided for in its charter and except as provided
by the Article 12, may make :
Recommendations to the members of the United Nations or to the Security
Council or to both on any such questions or matters. Each member of the
General Assembly has one vote.
(b) The Security Council
UN organ charged with maintaining peace and security among nations.
The Security Council consists of fifteen members of the United Nations.
The Republic of China, France, The Union of Soviet Socialist Republic,
The United Kingdom of Great Britain and Northern Ireland and the United
States of America are permanent members of the Security Council. Ten
other members of the Security Council are elected by the General
Assembly to be non-permanent members of the Security Council. The
permanent members of the Security Council shall be elected for a term of
two years. A retiring member shall not be eligible for immediate re-election.
Each member of the Security Council shall have one representative. Veto
power can be exercised only by the five permanent members. The Security
Council has the power to investigate any situation threatening international
15
peace, recommend procedures for peaceful resolution of disputes, call
upon members to partially or completely interrupt economic relations or
and enforce its decision militarily.
(c) The Economic and Social Council
The Economic and Social Council shall consist of fifty-four members of
the United Nations elected by the General Assembly. Each member shall
have one representative. A retiring member shall be eligible for re-election.
It is the UN’s principal forum for discussions on economic and social
issues.
(d) The Trusteeship Council
The Trusteeship Council which was responsible for administering trust
territories, has suspended operations in 1994.
(e) The Secretariat
The Secretariat shall comprise a Secretary General and such other staff
as the organisation may require. The Secretary General shall be appointed
by the General Assembly upon the recommendation of the Security
Council.
He shall be the Chief Administrative Officer of the organization.
The Secretary General shall act in that capacity in all meetings of the
General Assembly, of the Security Council, of the Economic and Social
Council and the Trusteeship Council and shall perform such other functions
as are entrusted to him by these organs. The Secretary General shall
make an annual report to the General Assembly on the work of the
organization. He may bring to the attention of the Security Council any
matter which in his opinion may threaten the maintenance of international
peace and security.
(f) The International Court of Justice
The principal judicial organ of the UN. All members of the UN are parties
to the Statute of the International Court of Justice and undertake to comply
with its decisions. It gives advisory and legal opinion on issues referred to
it by the General Assembly or Security Council. It also adjudicates
disputes among states.
Que. How did United Nations officially come into existence on October
24th, 1945?
Ans. The UN officially came into existence on 24th October, when the UN
Charter had been ratified by a majority of the original 51 member states.
The United Nations headquarters is in New York city but the land and
buildings are international territory. The United Nations has its own flag,
its own post office and its own postage stamps. Six official languages are
used at the United Nations Arabic Chinese, English, French, Russian
 and Spanish. The senior most officer of United Nations Secretariat is the
Secretary General. At present the Secretary General of the United Nations
is Mr. Ban Ki-moon of South Korea.
The U.N. Charter originated from the deliberations agreed upon at
discussion held at Dumbarton oaks (Washington DC) between the
representatives of USSR, USA, and UK and China in the year 1944 (even
as the second world war raged) towards the end of the war representatives
of 50 countries gathered in San Francisco between April and June 1945 to
hammer out the final text that would lay the foundations of international
co-operations. This was the Charter of the United Nations signed on 26th
June by 50 countries. Poland the 51st country was not able to send a
representative to the conference, but is considered as original member
The League of Nations is considered as a predecessor to the present
United Nations. It was founded immediately after the First World War. It
originally considered of 42 countries, 26 of which were non-European. At
its largest 57 countries were members of the league. The League was
created because a number of people, France, South Africa, the U.K. and
the U.S. believed that a world organisation of nations could keep the
peace and prevent a repetition of 1914-18 was in Europe. However, the
League failed in its efforts and was abandoned
Que. Explain the purpose of the United Nations.
Ans. The purpose of the United Nations is to bring all nations of the world
together to work for peace and development based on the principles of
Justice, human dignity and the well being of all people. It affords the
opportunity for countries to balance global interdependence and national
interests when addressing international problems. There are currently 192
members of the United Nations. They meet in the General Assembly, one
of the principal organs of the United Nations system. Each country has a
single vote, however none of the decisions taken by the Assembly are
binding.
Que. Discuss the formation and the aims League of Nations and explain
why it failed in its functions ?
Ans. The League of Nations was founded immediately after the first world war.
Its aims are to promote international co-operation and to achieve
international peace and security by the acceptance of obligations not to
resort to war, by the prescription of open, just and honourable relations
between nations by the firm establishment of the understanding of
international law as the actual rule of conduct among governments, and
by the maintenance of justice and ensuring respect for all treaty obligations
in the dealings of organized peoples with one another. It originally consisted
of 42 countries, 26 of which were non-European. At its largest, 57 countries
were members of the league. The league was created because a number
16
of people in France, South Africa, the UK and the US believed that a world
organization of nations could keep the peace and prevent a repetition of
the horrors of the 1914-18 war in Europe.
The league had two basic aims. Firstly, it sought to preserve the peace
through collective action. Disputes would be referred to the leagues council
for arbitration and conciliation. If necessary, economic and then military
sanctions could be used. Secondly, the league aimed to promote
international co-operation in economic and social affairs.
As the second world war unfolded, it became clear that the league has
failed in its chief aim of keeping peace. The league had no military power
of its own. It depended on its member’s contribution, and its members
were not willing to use sanctions, economic or military. Moral authority
was insufficient. Several big powers failed to support the league. The United
States crucially never joined. Germany was a member for only seven
years from 1926 and the USSR for only five year from 1934 Japan & Italy
both withdraw in the 30s. The league then depended mainly on Britain &
France who were understandably hesitant to act forcefully. It was indeed
difficult for governments long accustomed to operate independently to
work through this new organization.
Que. What is UN system and how is it relevant for the world society?
Ans. The various principal organs of the United Nations and their specialized
agencies, committees and commissions together constitute what is called
the U.N. system.
The UN is not an independent homogeneous organisation. It is made up
of states, so actions by the UN depend on the will of member state to
accept, fund or carry them out. Especially in matters of peace keeping
and international politics, it requires a complex often slow, process of
consensus building that must take into account international sovereignty
as well as global needs.
The specialized agencies, while part of UN system, are separate,
autonomous intergovernmental organisation which work with the UN and
with each other. The agencies carry outwork relating to specific field such
as trade, communications, air and maritime transport, agriculture and
development. Although, they have more autonomy, their work within
country or between countries is always carried out in partnership with
those countries. They also depend on funds from member states to achieve
their goals United Nations is relevant for the world society. Recently
international conferences organized by the UN have gained significance.
UN conferences have been held since the 60’s but with the conference on
environment and development, forums for deciding on national and
international policy regarding issues that affect everyone such as the
 environment, human rights and economic development have become Chapter - 6
prominent.
The International Bill of Human Rights
Since the Rio conference of 1992 UN conferences have turned into forums,
in which non-governmental organisations (NGOs) can voice their concerns
alongside those of Governments Such conferences focus world attention Part A
on these issues and place them squarely on global agenda, but once the
Que. What is meant by covenants ?
international agreements produced by the conferences are signed, it is
still upto each individual country to carry them out. Yet with the moral Ans. Covenants refer to those conventions that lay stress on matters of great
right of international conference and the persons of the media and N.G.O.’s overall importance to the international community. They are treating binding
member states are more likely to endorse the agreements and put them on states that are party to the Covenants.
into effect. Que. What is “civil rights” ?
Que. Elaborate on the International Court of Justice ? Ans. Civil rights are those rights relating to the citizens of the states.
Ans. International Court of Justice is the principal judicial organ of the U.N. All Que. What is the meaning of “domestic jurisdiction” ?
member states of UN are ipso-facto parties to the statue of the court. The
Ans. Jurisdiction exercised within the confines of individual country, state nation
court consists of 15 Judges, two of whom should not be nationals of the
or local authority is termed as “domestic jurisdiction”.
same state. They are elected by the Security Council and the General
assembly of the U.N. sitting independently. Candidates are chosen Que. What is “democracy” ?
irrespective of their nationality from a roster of persons nominated by the Ans. A system of government by the people or their elected representatives.
national groups and maintained in the UN secretariat. They must posses
the qualifications which are required in their countries for appointment to Que. Which Article of Universal Declaration of Human Rights speaks about
highest judicial court. The Judges are elected for a nine year term and are property ?
eligible for re-election. The Judges enjoy all diplomatic privileges and Ans. Article 17 of the Universal Declaration of Human Rights speaks about
immunities. It has its headquarters at “Hague” (Netherland). property. It says:- (1) Everyone has the right to own property, alone as
The court elects its own president for three years term. It can exercise well as in accordance with others. (2) No one shall be arbitrarily deprived
jurisdiction in all cases which the parties refer to it and in all matters of his property.
provided for in the charter or in treaties and convention in force. Disputes Que. What is revolution ?
regarding the jurisdiction of the court are settled by itself. It gives advisory Ans. A change in the established order which results in a change in government
opinion on legal matters to the various organs and specialized agencies by peaceful or violent means is termed as “Revolution”. For example the
of the UN. It also decides the amount of compensation to be paid to those French Revolution and the Russian Revolution that put an and to monarchy
who are disabled and killed while in service of the UN. It adjudicates and established peoples power.
disputes among states. It has heard cases relating to war crimes, illegal
state interference and ethnic cleaning among others. Que. What is “citizen” ?
Ans. Native, naturalised member of state, nation etc., inhabitant of city. The
rules established by authority or custom for regulating the behaviour of
———————— the members of a community or country.
Que. What is law ?
Ans. The rules established by authority or custom for regulating the behaviour
the member of a community or country.
Que. Who was “Hitler” ?
Ans. A German dictator, born in Austria. He became president of Nazi Party in
1921 and two year later staged an unsuccessful coup against the Bavarian
Government and later ignited the II World War through naked German
17
 aggression and expansionism.
Que. What are Cultural Rights ?
Ans. The literal meaning of “culture” is state of manners, taste and intellectual
development at a time or place the free development of enjoyment, non
interference in matters of encouraging art and literature, education of any
community are known as Cultural Rights.
Que. What are ‘humanitarian interventions’ ?
Ans. Humanitarian interventions are interventions of a military nature, (with the
due consensus of international sanction, through the United Nations), in
the internal affairs of a sovereign state that is guilty of committing gross
human rights violations and which could flare up into an international conflict.
For example, US intervention in Iraq when Iraq had annexed Kuwait.
Que. ILO stands for?
Ans. International Labour Organization, a UN organ, established in 1919 for
setting international standards for labour and enforcing these standards.
Que. When did the International Covenant of Civil and Political Rights
enter into force?
Ans. 1976
Que. What are Political Rights ?
Ans. Political rights include the right to take part in the conduct of public affairs,
to vote and be elected in general elections, by Universal and equal suffrage
and secret ballot.
Part - B
Que. Comment on Human Rights in international Relations?
Ans. Concern by some governments with the condition of individuals in other
countries is not new. Centuries ago, Princes and Popes interceded for
co- religionist and others in various countries. The 19th century saw a
number of “humanitarian interventions by big powers through diplomacy
and sometimes through force, to protest, and or prevent massacres and
other atrocities. These however were personal expression of “Nobleless
Oblige” or extraordinary reactions to egregious events. They were sharp
deviations from the international political system’s assumption that in
principle, how a state treated its own citizens was its own business.
Surely there was no serious disposition to render the treatment of the
individual human being in his own country a subject of international
diplomacy and law.
Human rights did not become the concern of international politics or law
until after the second world war, but individual welfare was not wholly
beyond the ken of international system even before then. International law
18
and human rights were linked in the history of ideas, both having antecedents
in natural law and in Roman law, and common protagonist in Grotius,
Vattel and Locke. In fact international law clearly included some of what
we would today say as human rights obligations. For example, treaty
provisions in which parties undertake to tolerate heterodox religious worship
and not to impose civil liabilities on religious dissenters.
International human rights law is best exemplified by the International
Labour Organisation (ILO) which has a series of conventions setting
minimum standards for labour and other social conditions. Humanitarian
laws regulating the conduct of war, including protection of civilians and
civilian institutions were codified in the Geneva Conventions of 1949 and
several Protocols. The laws of humanitarian assistance to assist people
affected by famine and other natural calamities has become an essential
feature of U.N. programmes that determines international relations.
Que. Explain human rights as International law ?
Ans. Human Rights are rights which the individual has, or should have in his
society. If societies respected these rights adequately, there would be no
need of international law and institutions to help or protect them.
International human rights law and institutions are designed to induce
states to remedy the inadequacies of their national laws and institutions,
so that human rights will be respected and vindicated. The individual must
pursue his rights through his own State laws and institutions. Even when
these fail him, international law & institutions cannot provide those rights,
they can only press the state to provide them. International human rights
obligations are met when and only when national laws and institutions
meet the minimum international standards and give effect to the minimum
of human rights.
Que. Comment on “the covenant as law” ?
Ans. The covenant is binding international law, like any other international
agreement. That the agreement is for the benefit of individuals and that
the beneficiaries are each state party’s own citizen and inhabitants, in no
way detracts from its binding legal quality. Like any international agreement
it creates rights & obligations among the states parties to it and affords
each party the usual remedies for ensuring compliance or obtaining
reparation if a violation occurs. Again, that the true beneficiaries are the
state’s own inhabitants does not detract from the rights, obligations, or
remedies available to the parties. Neither does the fact that special
machinery is provided to scrutinize and induce compliance vitiate the
usual remedies between states parties to the agreement.
Thomas Burgenthal has dealt with the character and implications of a
state’s undertakings under the covenants, as well as with those highly
exceptional circumstances in which the state is free to derogate from or
suspend some of its obligations. Like the Declaration, like even the most
 enlightened and libertarian national constitutions and declarations of rights,
the covenant recognizes that some rights may have to be derogated from
in “time of public emergency which threatens the life of the nation”.
The covenant attempts to define the circumstances in which derogation is
permitted, and the extent to which it is permitted, as strictly as possible
Que. What do you mean by national and International enforcement?
Ans. Human Rights are rights to be enjoyed by individuals in their own societies
& implemented and enforced under their law and Institutions. International
undertakings are designed to help assure that national societies in fact
respect human rights of their inhabitants. International instruments require
state to enact legislation and otherwise ensure that the rights are respected.
In some legal systems international human rights obligation may be “self
executing” and will be given effect by officials & courts without domestic
legislation. The international system also provides “enforcement
machinery”. Such international instruments, however do not operate directly
to grant the individual his rights. They work on the state and are designated
to induce the state to carry out its obligations.
Que. Comment on “The U.N. Charter ushered in a New International law
of Human Rights” ?
Ans. The U.N. Charter ushered in a new international law of Human Rights. The
new law buried the old dogma that the individual is not a “subject” of
international politics and law and that a government’s behaviour towards
its own nationals is a matter of domestic not international concern. It
penetrated national frontiers and the veil of sovereignty. It removed the
exclusive identification of an individual with his government. It gave the
individual a part in international politics and right in international law,
independent of his government. It also gave the individual protectors other
than his government, indeed protectors and remedies against his
government.
The international law of human rights differs from other international law in
its motivation and impulses as well. Generally international law is made,
international obligations are undertaken, to serve common or reciprocal
interests. The move to a comprehensive human rights law also sought to
appeal to national and transnational interests, perhaps in an effort to de-
emphasize its radical nature.
Human Rights, it was urged are related to international peace. For states
that violate human rights at home are not trust worthy in international
relations, and violation of these rights afford occasions, temptations and
pretext for interventions or war, (e.g., as regards “Racism” in Southern-
Africa).
The international human rights law also had a different kind of political
motivation: states that had minority treaties or human rights provisions in
19
peace treaties imposed on them resented being singled out and sought to
universalize their undertakings. But whatever reasons (or nationalization)
were provided to mask it, the fact is that the new comprehensive
international human fight law generally serves to patent, particular national
interest. It is essentially, ideological, idealistic, humanitarian, its true and
deep purpose is to improve the lot of individual man and woman everywhere,
particularly where national institutions and non-legal international forces
are not adequate.
Part-C
Que. Comment on “International Human Rights and domestic
Jurisdiction”?
Ans. The United Nations Charter made human rights a legitimate subject for
discussion and recommendation by the assembly and its sub-organs.
Human Rights may also properly come into the ken of Security Council
when it concerns peace and security, e.g. in South Africa. By discussing
human rights the General Assembly does not intervene in matters “which
are essentially within the domestic jurisdiction of any state” (Article 2(a))
Intervention strictly, means, dictatorial interference by force, and there
have been no UN military interventions in support of human rights,
discussion and recommendation is not intervention.
Human Rights more ever, are a matter of international concern, not
essentially within any state’s domestic jurisdiction. Enforcement measures
by the Security Council are in any event exempted from article 2(7). Article
2(7) speaks only of intervention by the UN not by member states, but
most challenges to activities by states on behalf of human rights as
“intervention” are equally unfounded. Peaceful objections by states to
human rights violations by other states are not interventions.
Generally human rights are no longer within a state’s domestic jurisdiction.
That which is governed by international law agreement is ipso facto and
by definition a matter of international concern, not a matter of any state’s
domestic jurisdiction. Certainly, any state that adheres to an international
human rights agreement has made the subject of that agreement a matter
of international concern. It has submitted its performance to scrutiny and
to appropriate, peaceful reaction by other parties, and to any special
procedures or machinery provided by the agreement for its implementation.
Que. Write an essay on “The contents of the covenants” ?
Ans. The covenant on civil and political right and the covenant on Economic,
Social and cultural rights are the two principal international human rights
agreements. These covenants track closely the provisions of the Universal
Declaration of Human Rights. At the beginning of these covenants, however,
are provisions dealing with right of people to self determination and to
sovereignty over their resources which have no counterpart in the
declaration. Self-determination has been a major slogan and a political
principle in international life in the twentieth century; that it is also a norm
of international law was long disputed. Whether as political principle or
legal norm, important controversies revolved about its meaning and scope.
Article 1 of the international covenant on civil and political rights provides
“All peoples have the right of self determination. By virtue of that right they
freely determine their political status and freely pursue their economic,
social and cultural development”. Parties to the covenant assume the
legal obligations implied in recognizing that right. There were political
ideological differences as to the appropriateness of including provisions
on self-determination since they asserted rights of “peoples” not of
individuals.
The other, individual rights follow the general order of the declaration. In
the civil and political rights covenant, the substantive rights appear in part
III and are not formally grouped. The order of rights suggests no hierarchy
of importance but follow some rationale of organization. The right to life,
physical liberty and integrity of the person form a natural package and a
natural place to begin. Political rights include the right to take part in the
conduct of public affairs, to vote and be elected in general periodic elections
by universal and equal suffrage, with secret ballot to guarantee the free
expression of the will of the electors.
Article 27 of the covenant includes minority rights, not mentioned is the
Universal Declaration. Article 27 provides. In those states in which ethnic,
religious, or linguistic minorities exist, persons belonging to such minorities
shall not be denied the right, in community with the other members of
their group, to enjoy their own culture, to profess and practice their own
religion or to use their own language”. Article 27 gives additional protection
to the cultural, religious or linguistic needs of minorities. On the other
hand missing from the covenant is any counterpart to article 17 of the
Declaration:
(a) Everyone has right to own property alone as well as in association
with other.
(b) No one shall be arbitrarily deprived of his property.
It proved difficult to get agreement on the working of such a right by states
differing widely in political economic philosophy. Many states were
particularly resistant to language that right be held to require states to
provide “prompt adequate and effective”, compensation for nationalized
foreign investments. The absence of such a provision however, can hardly
be construed as rejecting the existence in principle of a human right to
own property and not to be arbitrarily deprived of it.
20
Que. Comment on “limitations on Rights” ?
Ans. As in even the most enlightened and libertarian national rights systems,
most of the rights in the covenant are not absolute. The freedom of
expression, in the classic reference, does not permit one falsely to cry
“fire” in a crowded theatre; the most libertarian societies do not permit
slander; all countries impose some limits on freedom of movement in
some circumstances to protect national security or public order.
In the rights jurisprudence of the United States these permissible limitations
are not expressed in the constitution, although sometimes read into
general phrases search and seizure is forbidden only if “unreasonable”
punishment only if cruel and unusual,” infringements on liberty only if they
deny “due process of law”. The framers of the covenant sought to define
the permissible scope of limitations as strictly as possible, although
inevitably in general phrases.
For example, the freedom of movement within a country or the right to
leave it shall not be subject to any restrictions except those which are
provided by law, are necessary to protect national security, public order,
public health or morals or the rights and freedoms of others and are
consistent with the other rights recognized in the covenant Article 12,(3).
The press and the public may be excluded from all part of a trial for reasons
of morals, public order or national security in a democratic society, or
when the interest of the private lives of parties so requires or to the extent
strictly necessary in the opinion of the court in special circumstances
where publicity would prejudice the interests of justice” Article 14(1). 7
The limitations themselves, however are governed by law, not by the whims
of the state. Whether a particular limitation on a right is permissible under
the covenant is a question of international law, and the state’s action can
be scrutinized and challenged as a violation of the covenant.
Que. What is the political ideology of human rights ?
Ans. Ideology means body of ideals, beliefs of groups, nation etc. The Universal
Declaration was written by diverse authors representing different ideologies.
It expresses commitment to “democracy” but is consistent with different
brands of democracy and with various degrees of economic free enterprise
as with different kinds of socialism - provided the parties accept
commitment to individual rights and respect the particular rights enumerated
as properly construed in accordance with their spirit and purpose.
The variety of governments that have adhered to the covenant suggests
that they at least thought their political economic systems were consistent
with respect for the rights enumerated. And in fact no system claims that
it must, or has the right to violate any of those rights. Issues arise particularly
as regards the right of every person “to take part in the conduct of public
affairs directly or through freely chosen representatives” and to vote and
 be elected at genuine periodic elections which shall be by universal and Chapter - 7
equal suffrage and shall be held by secret ballot, guaranteeing the free
expression of the will of the electors. Perspectives on Human Right and Human Duties
Western societies tend to believe only parliamentary multi-party democracy
satisfies that requirement, not the party rule of communist or other single Part-A
party state, or military or other dictatorships ruling by decree for extended,
Que. What do you mean by perspective ?
indefinite periods.
Ans. Perspective means mental view, art of drawing on flat surface to give
In today’s world authentic parliamentary democracy is not common. The
effect of solidity and relative distances and sizes, drawing in perspective.
communist states surely show no signs of modifying their system. If there
is to be universal human rights ideology, if there are to be international Que. What are duties ?
human rights agreements including both communist and western states, Ans. A moral or legal obligation or task or action that some body is expected to
in the hope of protecting other civil and political rights, the West will have perform.
to acquience in the view that the communist system is not intrinsically
Que. What do you mean by compromise ?
inconsistent with the Declaration & the Covenant.
Ans. The giving up of a particular demand by each side in a dispute so that an
Other ideological differences are another matter. Accepting the Communist
agreement may be reached which satisfies both the sides to some extent
political system in principle does not mean that one should accept
communist interpretations or applications that are inconsistent with the Que. What is Justice ?
very idea of individual rights or with essential scope of a particular right. Ans. A system of laws that give right and fair behaviour or treatment, that does
Que. Write an essay on “Philosophical understanding of international not discriminate and where there is equality before the law.
Human Rights instruments ? Que. What does U.N.A.S.T.A.P stands for ?
Ans. International Human Rights instruments do not legislate human rights Ans. The United Nations Advisory Services and Technical Assistance
they “recognize them and build upon that recognition. Human Rights was Programme.
an eighteenth century idea, rooted in notions of natural laws and natural
rights and woven of several strands. Que. What is Elimination ?

The international human rights movement took these eighteenth country Ans. Elimination means to destroy completely, getting rid of, to remove.
ideas of individual autonomy and freedom and combined them with Que. What is discrimination ?
nineteenth and twentieth century ideas of socialism and the welfare state. Ans. Treating a person or group differently (usually worse) than others, based
International human rights however, reflect no single, comprehensive theory on race, sex, language and religions beliefs.
of the relation of the individual to society (other than which is implied in
the very concept of rights). That there are “fundamental human rights” was Que. What is hazardous ?
a declared article of faith, “reaffirmed” by the peoples of the United Nations” Ans. Anything which is dangerous, harmful for human life and the natural
in the U.N. Charter. environment.
The Universal Declaration of Human Rights was meant to appeal to diverse Que. What is suppression ?
political systems governing diverse peoples and built on that faith. Because
Ans. The strong action of putting an end to something especially by force.
of that faith and of political and ideological forces, governments accepted
the concept of human rights, agreed that they were appropriate for Que. How many countries are members of the UN ?
international concern, co-operated to define them, assumed international Ans. There are at present 192 members countries of the UN.
obligations to respect them and agreed to international scrutiny as to
Que. Western approach to human rights focuses principally on
their compliance with these obligations.
enforcement of ________ and _______ rights.
Ans. Civil, Political.
————————

21
Que. What is an Optional Protocol ?
Ans. Optional protocol is an additional instrument to the main Covenant, whose
provisions are equally binding on the states which ratify the optional
protocol.
Part-B
Que. What is racial discrimination ?
Ans. At present in our society peoples are discriminated on the basis of race,
colour, sex language and beliefs. In every day life disregard to human
right is found for example in the form of discrimination and racism, contempt
for other people because they are different due to colour of their skin,
culture, religion, nationality or ethnic back ground.
The refusal to consider other people as one’s equal results in widespread
distrust between individuals and promotes xenophobic and racist feelings.
Racial discrimination is main cause of human rights violation. Hitlers
treatment of Jews was based on racial discrimination. Apartheid is another
example of discrimination.
Que. Explain Violation of Human Rights ?
Ans. Human beings are born equal in dignity and rights. But at present human
beings are deprived of these rights in various ways. When a person is
deprived of his basic rights then it is said that his rights are violated, there
are not only individual violations, but there are also mass violations of
human rights as well. Example of these violations are to be found in
apartheid (racial discrimination against non whites in some of the countries
of the western world), mass killing on account of racial and ethnic conflicts
and above all proliferating activities of Trans-national corporations in third
world countries. The multinational corporations are marketing in the third
world countries, pesticides which are injurious to soil and human beings.
Bhopal incident is an example of mass violations of human rights.
Que. Elaborate on the perspectives of Human Rights and Human Duties.
Ans. The Universal Declaration of Human Rights is a unique and historic
document The Universal Declaration has been the basis for the human
rights clauses of the constitutions of numerous states and has had an
important influence in national legislation and judicial decisions. Human
rights are truly universal. They are not the monopoly of any culture of any
one geographical region. Human rights reflect the cultural development of
religions and philosophies in all parts of the world since the dawn of recorded
history. The relationship between economic and social development and
human rights has become increasingly clear.
The people inhabiting this globe, must rise to the challenge of making
human rights a reality and not just an aspiration. We must give priority to
22
the implementation of established standards and to see to it that respect
for human rights every where is upheld and that the principles in the
Universal Declaration are translated into everyone’s reality. Violations of
human rights have to be condemned and every action legislative, executive
and judicial has to be taken in order to ensure that such violations do not
recur in the future.
Que. What is the western approach of human rights and how it is different
from the developing countries ?
Ans. The western approach focuses principally on implementation and
enforcement of the civil and political rights which are individualistic rights.
The emphasis of the developing countries has been on social, economic
rights which are collective rights. But it needs to be emphasized that both
categories of rights are equally important and cannot be sacrificed at the
altar of the other. No state can be permitted to claim that social and
economic rights can be realised by suppressing the individual right to
freedom and liberty. Both sets of rights are vital to the existence of a
democratic structure.
Que. Explain about Human duties.
Ans. Human duties are, the duty to keep the peace at home and to work for
compromise between the various groups in society.
It is duty of the government to balance out the economic interests and
remove the staggering discrepancies and standards of living to make
economic development policies in such a way that it ensures that economic
and, social progress is shared by all. It is the duty of the more prosperous
groups in a society to share their wealth with the less fortunate ones. It is
a duty of the upper classes in a given developing country to show inclination
to invest in their own countries. It is the duty of them to pay their taxes to
enable the state to help the poor. It is duty also, to remove unfair barriers
to international trade so that all nationals have a chance to compete on
equal terms.
It is one of the human duties to condemn and take action - legislative,
executive and judicial against violations of human rights, in order to ensure
that such violations do not recur in the future. Duties and rights go hand in
hand.
Que. Write a note on Article 28 of the UDHR.
Ans. Article 28 of the Universal Declaration states: “Everyone is entitled to a
social and international order in which the rights and freedoms set forth in
this Declaration can be fully realized”.
It is implied that human rights-civil and political rights as well as social,
economic and cultural rights can only be fully realized when nations are
economically developed, where the social institutions are strong and
mature, where basic requirements of life-education, food, shelter and health
 care requirements are adequately met. It improves the quality of life and
consequently the index of happiness.
Que. What does the reports of the Centre of Human Rights say about the
condition of children ?
Ans. The reports of the Centre of Human Rights give a depressing picture of
millions of children subjected to forced or bonded labour, to slavery and
slave-like conditions, to prostitution, exposure to hazardous conditions,
and separation from parents. Children are forcibly taken into the armed
forces and are usually the first to be killed, some disappear, are tortured
and executed. Children also suffer along with their parents from apartheid,
discrimination or because they belong to minorities, migrant workers or
as children of refugees. Their conduction in poverty is even more vulnerable.
Part-C
Que. Are human rights followed by human duties?
Ans. Human rights are followed by human duties. We have certain duties which
we have to perform. When we speak of human rights, we should also
speak of human duties and responsibilities. Take the case of Somalia.
The 8 million people in that war-ridden country have the right to live in
peace and personal freedom, but they also have a duty to compromise
and bring their own house in order. A handful of tribal clan cannot hold a
whole nation to ransom. This is taxing the international community of
billions of dollars to correct. It is the same story in Cambodia or former
Yugoslavia. Enormous funds are needed to prevent civil wars and in
maintaining peace - keeping forces once the civil war ends.
The interventions by the United Nations in these cases are motivated by
humanitarian concerns in order to protect human rights. Such interventions
are backed by world opinion and a deep concern for human rights violations
that could become explosive, in the absence of prompt action.
The right to development is meaningful when these nations pursue
economic policies that bring about greater equality in wealth distribution.
Before we expect the prosperous nations to assist developing countries,
their own economic policies must promote growth through judicious
investment, encourage citizens to pay taxes to the State, control growth
in population, attract foreign investments and increase foreign trade. It is
equally our responsibility of developing countries to balance their economic
interests, remove income disparities and improve standards of living.
Que. How can you bring proper understanding of human rights as well
as human duties in the present world society ?
Ans. Proper understanding of human rights as well human duties in the present
world society is important to make the society happy and peaceful.
Although over the last 62 years many steps have been taken by the
23
international community to protect human rights, much remains to be
done.
For proper understanding of human rights and human duties people inform
must be educated. Human Rights education can inform the people about
their rights & duties. Wider objective in education is the full development
of human personality and the strengthening of respect for human rights &
fundamental freedom. In accordance with international human rights
instrument education should aim at the building of universal culture of
human rights through the imparting of knowledge and skill.
Debate, symposium, seminars on human right and human duties should
be organised to inform the people. Various programs should be telecasted
and broadcasted to inform the ignorant mass. It is also duty of Govt. to
implement human rights education in Universities, Colleges and Schools.
NGOs can also play important role in awakening the ignorant masses
about human rights. NGOs can contribute significantly to the United Nations
human rights programme. Human rights commission at state, national or
International level should be strengthened to spread the knowledge of
human rights among masses.
Human rights is a dynamic concept and it endeavours to adapt itself to
the needs of the countries and their people. These rights are some time
known as basic rights, fundamental rights, natural rights or inherent rights.
The protection of human personality and of its fundamental right is the
ultimate purpose of all national and international laws. Human Rights like
fundamental rights are paramount, sacrosant, eternal & transcendental in
nature and ought to be treated as inalienable and inviolable for preserving
the dignity of the people. These rights, however cannot be imagined without
the security and existence of a well regulated society. State and society
can alone guarantee the human right to the individual but also demand
observance of social norms from the citizen. Child labour violates human
rights. So, child labour should be banned. And all those who commit this
type of violation should be strictly dealt with by law. Though the idea of
collaboration and protection of right of human beings have been gradually
transformed into written norms many important landmarks may be
mentioned on this way, such as in England Magna Carta (1215), the
petition of Right (1628) and Bill of rights (1689). But many more steps
should be taken to take care of human rights.
Que. How can you protect your human rights ?
Ans. All of us are born free and have equal rights. We have freedom to express
our views. Human right and fundamental freedom allow us to develop fully
and use our human qualities, our intelligence, our talents and our
conscience to satisfy our spiritual and other needs. They are based on
mankind’s increasing demand for a life in which inherent dignity and worth
of each human being will receive respect and protection.
 The denial of human rights and fundamental freedom not only is an individual
and personal tragedy, but also creates condition of social and political
unrest, sowing the seed of violence and conflict within and between
societies and nations. If our rights are violated we can raise our voice. The
Commission on Human Rights is the body primarily responsible for dealing
with human rights. The United Nations has received hundreds of thousand
of complaints from Individuals and organizations alleging violation of human
rights.
UNESCO, in accordance with its constitution adopted in 1945, should
contribute to peace and security by promoting collaboration among the
nations through education, science and culture in order to further universal
respect for Justice, for the rule of law and for human rights and fundamental
freedom.
Similarly there are other organizations which deal with human rights such
as Organization of African Unity (OAU), International Labour Organization
(ILO) and Organization of American States (OAS). OAS include more
than thirty states of western hemisphere provides the framework for inter
American Commission on human rights by which violation of human rights
are investigated. There are also State and National Human Rights
Commission to deal with human rights. Thus if rights are violated we can
make complaints to above commission for redressal. We can protect our
rights when we have a knowledge of our rights.
Que. How can human rights violations be taken care of ?
Ans. Human Rights violations can be taken care by giving information and
education about the rights of the individual. Our work should be to enlarge
the participation of people in decisions affecting their lives. Efforts should
be made in the field of public awareness and information should touch
every corner of the globe in order to create a true universal culture of
human rights. Human rights violations can be stopped by taking action
against apartheid, education, teaching and training, dissemination of
information, protection of minorities, immigrant workers and indigenous
populations, implementing international conventions and action through
national legislation, institution and resource procedures.
There is a code of international standards (International Bill of Human
Rights the Universal Declaration of Human Rights, the two International
covenants and the optional protocols) protecting human rights, and also
there is a system of committees of independent experts charged with
critically examining state compliance with their international undertakings,
encouraging improved respect for human rights and dealing with individual
complaints. The UNASTP in the field of human rights provides the services
of experts in legislation and constitutional law.
Human rights violations can be prevented by the investigation and
24
monitoring procedures decided upon by the relevant human rights bodies.
Violations can be taken care by building a vigilant, forceful and well-informed
international public opinion that does not hesitate to speak out in front of
violations and abuses. Suppression of civil liberties and arbitrary
deprivations of children, women should be exposed and should mobilize
national as well as international opinion against the suppressions.
Violations of human rights have to be condemned and every action-
legislative, executive and judicial has to be taken to ensure that such
violations do not recur in the future. History is replete with disastrous
consequences of smothering and suppression of human rights by the
dictates of expediency. Basic Human rights should not be allowed to be
derogated. Because once there is derogation for an apparently justifiable
course, there is always tendency by the welders of power, in order to
perpetuate their power, to continue derogation of human rights in the name
of security of state.
Que. “The Universal Declaration of Human Rights is a unique and historic
document. It is the Magna Carta of civil, political, economic, social
and cultural rights, to which everyone is equally entitled. Comment
?
Ans. Since its proclamation in 1948, there have been two International
Covenants and more than 50 other instruments covering various aspects
of individual human rights.
The Declaration, in particular, has inspired the constitutions of many
countries, and fundamental human rights guaranteed in the Declaration
find a significant place in these constitutions. Regionally, it has inspired
the African, American and European human rights treaties.
A unique feature of the Declaration is its universal applicability and relevance
to all nations, including the Third World Countries which saw their
aspirations reflected in the Declaration.
It is not the monopoly of .any one political system, culture or any
geographical region. It finds acceptance in democracies, communist
countries advanced, developing and under developed countries. This is its
greatest achievement.
It has inspired a host of human rights instruments covering practically
every aspect of human rights including the Rights of the Child and Rights
of the Migrant workers, besides admirably meeting the aspirations and
hopes of the Third World countries.
————————
 Chapter - 8
Individuals as subject of International Law
Part-A
Que. What is crime ?
Ans. Violation of law (usually serious offence), wicked or forbidden act is termed
as “crime”.
Que. Who said that there can be no law without human will. Individuals
always applied international law and individuals have always in
the last resort been subject of international law either directly or
indirectly pirates, officers, etc. “as citizens of the state against which
sanctions of one kind are applied.”
Ans. Edvard Hambro.
Que. When was the Central American Court of Justice created?
Ans. Central American Court of Justice was created in 1907 at San Jose Costa
Rica by the convention of Washington of December 20th, 1907 signed by
Costa Rica, Guatemala, Honduras, Nicaragua, El Salvador.
Que. What significant decision was taken by the Arbitral Tribunal which
was established under the Geneva Polish convention of 14 May
1922 also known as Upper Sicilian convention between Germany
and Poland] in its in its decision of 30th March 1929 concerning the
case of “steiner and Gross v/s Poland ?
Ans. In Steiner and Gross v/s. Poland in 1927, the question arose as to whether
a citizen can sue his own state before Arbitral Tribunal. The Arbitral Tribunal
in its decision on 30th March 1929 answered in the affirmative.
Que. What is the Supreme Restitution Court ?
Ans. Supreme Restitution court was established pursuant to the convention on
the settlement of matters arising out of the world war and occupation
between the United States, the United Kingdom and France, on the one
hand, and Germany on the other. In 1952, was given jurisdiction over
claims for the restitution of identifiable property by the victims of the Nazi
oppression and for the property seized under the Nazi regime. Before this
court, individuals could appear as plaintiff and defendant.
Que. When was European system of human rights adopted ?
Ans. The European System of Human Rights was adopted on 4th November
1950.
Que. When was the Inter-American Convention of human rights adopted?
Ans. The Inter-American Convention of Human Rights was adopted at San Jose,
Costa Rica on 22 September 1969.
25
Que. When did American Convention of human rights come into force?
Ans. The American Convention of human rights came into force on 18th July
1978.
Que. What is piracy as defined under the UN’s laws of the sea’s
convention 1982?
Ans. The 1982 UN’s law of the sea convention defines piracy as consisting of
any of the following acts:
(a) Any illegal acts of violence or detention, or any act of depredation,
committed for private ends by the crew or the passengers of a private
ship or a private aircraft and directed:
(i) On the high seas against another ship or aircraft, or against
persons or property on board such ship of air craft.
(ii) Against a ship, aircraft, persons or property in a place outside
the jurisdiction of any state.
(b) Any act of voluntary participation in the operation of a ship or of an
aircraft with knowledge of facts making it a private ship or aircraft.
(c) any act of inciting or of internationally facilitating an act described in
sub paragraph (a) or (b).
Que. What is “humanity” ?
Ans. “Humanity” literally means human nature, human race, kindliness.
Que. What is “treaty of Versailles” ?
Ans. This was the formal agreement that put an end to world war-I. The
achievement of this treaty was the creation of League of Nations.
Que. When was the African Charter on Human and People’s Rights,
adopted by the organisation of African Unity (OAU)?
Ans. The African Charter on Human and People’s Rights was adopted by the
organisation of African Unity (OAU) in 1981.
Que. When was criminal liability for crimes against peace accepted for
the first time?
Ans. The criminal liability for crimes against peace was accepted for the first
time following World War II in the Charter of the International Military
Tribunal annexed to the agreement for the prosecution and punishment of
the major war criminals the European Axis signed on 8th August 1945.
Article 6 said that the following acts or any of them, are crimes coming
within the jurisdiction of the tribunal for which there shall be individual
responsibility, (a) crimes against peace, (b) war crimes and (c) crimes
against humanity.
Que. When was the U.N. Convention on the prevention and punishment
of the crime of Genocide adopted ?
Ans. The U.N. Convention on the prevention and punishment of the crime of
Genocide was adopted on 9th December 1948 (It came into force on 12th
January 1951).
Part B
Que. What is illegal use of flag ?
Ans. Under general International Law, and in accordance with the 1982 Law of
the Sea Convention every state shall fix the conditions for the grant of its
nationality to ships and for the right to fly its flag Ships have the nationality
of the state whose flag they are entitled to fly. A ship should sail under the
flag of one state only and should not change its flag during a voyage or
while in port of call. General International law authorizes states to seize
ships which illegitimately sail under their flags and to confiscate the ships
by decision of their courts, as a penalty for abuse of flag. Owner and
master of the ships are responsible for the delict.
Que. Elucidate on “Crimes against peace the law of war” ?
Ans. Criminal liability for crimes against peace was accepted for the first time
following World War II. In the Charter of the International Military Tribunal
annexed to the Agreement for the Prosecution and Punishment of the
Major War Criminals of the European Axis signed on 8 August, 1945,
article 6 said that the following acts are crimes within the jurisdiction of
the tribunal for which there shall be individual responsibility (a) Crimes
against peace (b) War crimes (c) Crimes against humanity, are crimes
coming within the jurisdiction of the Tribunal for which individual will be
held responsible. Tribunal also says. “He who violates the laws of war
cannot obtain immunity while acting in pursuance of the authority of the
state if the sate in authorizing action moves outside its competence under
international law.”
UN in the charter says- Individual members of belligerent armed forces
may became critically responsible for violations of the rules of war and
may be punished by enemy or international authorities.’
Geneva Convention on the treatment of prisoners of war authorizes
“belligerent state to try individual members of enemy forces who violate
the provisions of the convention, it also requires that military authorities
who have committed these violations be punished.
Que. Explain, “Crimes against humanity, the crimes of genocide.’?
Ans. The worst crime that can be committed against minorities is that of
Genocide. The UN convention on the prevention and punishment of the
crime of genocide was adopted on 9 December, 1948 and came in to
26
force or 12th January 1951.
In accordance with Article I of the Convention, “Genocide” whether
committed in time of peace or in time of war, is a crime under international
law”, which the contracting parties undertook to prevent and to punish.
Article II defines Genocide as “the commission of certain enumerated
acts with intent to destroy, in whole or in part, a national, ethnical, racial
or religious group as such. The acts constituting Genocide are:
(a) Killing members of the group.
(b) Causing serious bodily or mental harm to members of group.
(c) Deliberately imposing on the group conditions of life calculated to
bring about its physical destruction in whole or in part.
(d) Imposing measures intended to reducing births within the group.
(e) Forcibly transferring children of the group to another group.
An individual must have committed one of the foregoing acts with the
specific intent of destroying, in whole or in part, a national, ethnic, racial
or religious group and he shall be punished, whether he is constitutionally
responsible ruler, public official or private individual.
Que. What is Air-Piracy and hostage taking?
Ans. Close on the heels of adventurous Arab Gurilla activities and under the
auspices of the international Civil Aviation organization, the Hague
convention for the suppression of unlawful seizure of aircraft was adopted
in 1970, and the Montreal convention for the suppression of unlawful
activities against the safety of civil aviation was adopted in 1971.
The convention defined the offence of unlawful seizure of aircraft and
provided that each contracting state should undertake to make the offence
punishable by severe penalties.
Air-piracy means “illegal acts of violence or detention, or any act of
depredation committed for private ends by the crew or the passengers of
a private aircraft directed in the air
(i) against aircraft, or against persons or property on board of such
aircraft.
(ii) against a aircraft, persons or jurisdiction of any state
(iii) any operation of an aircraft with knowledge of facts making it pirate
aircraft.
International law authorizes every state to seize a pirate aircraft and arrest
the persons and seize the property on board. The courts of the state
which carried out the seizure may decide upon the action to be taken with
regard to aircraft subject to the rights of their parties acting in good faith.
The penalty to be imposed upon the pirate is not directly determined by
 international law but are determined by national law. In determining the
penalty for piracy, the state executes international law and acts as an
organ of the international community constituted by general international
law. The doctrine of The Hague Convention defined the offence of unlawful
seizure of aircraft and provided that each contracting state should
undertake to make the offence punishable by severe penalties.
Que. Explain about the European system for the protection of Human
Rights ?
Ans. The European Convention for the protection of human rights was adopted
on 4th November 1950 and entered into force on 3rd September 1953. The
commission setup under Article 19 of the convention may receive petitions
from any individual or group of individuals claiming to be the victim of a
violation by one of the high contracting parties of the rights set forth in the
convention. The right of individual is, however, conditional to the state’s
prior recognition of the rights of private petition. The admissibility of petitions
by individuals is governed by the provisions of Article 27 of the convention
which reads as follows
(i) The commission shall not deal with any petitions submitted under
articles 25 which:
(a) Is anonymous, or
(b) Is subsequently the same as a matter which has already been
examined by the commission or has already been submitted
to another procedure of international investigation or settlement
and if it contains no relevant new information.
(ii) The commission shall consider in admissible any petition submitted
under article 25 which it considers incompatible with the provisions
of the present convention, manifestly ill founded or an abuse of the
right of petition.
(iii) The commission shall reject any petition referred to it which it
considers inadmissible under article 26.
Que. Comment on “The emergence of the concept of the protection of
Human Rights”?
Ans. Human rights as stated by a distinguished authority on the subject are
those rights without which there can be no human dignity. They are in
many cases individual rights and they belong to individuals. The subject
has been a preoccupation of political philosophers for a long time as may
be seen in Montesquieu’s concept of the separation of powers, and
Rousseau’s theory of the sovereignty of the people. These political ideas
corroded and undermined absolute and despotic monarchy and attempted
to protect against the Westphalian model of state sovereignty which used
individuals as mass “appendices” of the state to which they belonged.
Simple powers in its hands to be used, protected or sacrificed according
27
to what was dictated by state interest. The concept of the protection of
human rights has emerged originally in the field of domestic legislation as
in the Magna Carta of King John in England in 1215, the adoption of the
British Bill of Rights in 1689, the Bill of Rights in the US constitution, the
French Declaration of the Rights of Man in 1789 and other less well-
known laws and Declaration. This domestic concept was however,
translated into international terms only after world war II.
Part-C
Que. Explain the rights of individuals under treaties ?
Ans. The personal status of the individual is recognized in various international
treaties and the validity of such agreements has been confirmed by
decisions of courts. The advisory opinion, given in 1928 in the case
concerning the Jurisdiction of the courts of Denzing by the permanent
Court of International Justice is exceptionally important in this context.
The advisory opinion lays down that nothing can prevent the individual
from becoming the subject of international “rights if states so wish.
According to Lauterpacht “advisory opinion” dealt a sounding blow to the
dogma of the impenetrable barrier separating individuals from international
law.
Under the minority protection treaties concluded under the auspices of
the League of Nations, states assumed international obligations to give
specific rights to individuals. Examples of such treaties are those entered
into with Czechoslovakia, Greece, Poland, Romania and Yugoslavia.
In the legal order of the European Community the individual is a subject of
law along side the members states.
He is endowed with legal capacity to enforce certain rights and protect
himself against illegally imposed obligations and sanctions. Independently
of the legislation of members states, community law therefore not only
imposes obligations on individuals but is also intended to enter upon them
rights which became part of this legal heritage. These rights arise not only
where they are expressly granted by the treaty but also by reason of
obligations which the treaty imposes in a clearly defined way upon
individuals as well as upon the members and the institutions of the
community.
According to Winter, it is the declared policy of the court that “Private
individuals should enjoy rights under the (EEC) Treaty in a most direct
and extensive manner and that undesirable unnecessary intervention of
the states precluding the individual from enjoying these rights and enforcing
these in the courts should be avoided.
Individuals have two kinds of remedies available to them
(1) Before the court of Justice of the European communities and
 (2) Before national courts. Generally speaking, the court of justice of
the European Communities is available for action against community
institutions the council and the commission, while the national courts
are open for actions against another states and individuals. The
various powers conferred on the court of justice of the European
communities, its administrative jurisdiction is the most important
for the legal protection of individuals.
Que. Elaborate the convention on the settlement of investment disputes
between states and Nationals of other states.?
Ans. For granting the private foreign investor jurisdictional capacity in international
law, 1965 Word Bank Convention has established the International Centre
for Settlement of Investment Disputes (The centre). The Centre provides
facilities for conciliation and arbitration of investment disputes between
contracting states and nationals of other contracting states in accordance
with the provisions of the convention. The jurisdiction of the centre extends
to any legal dispute arising directly out of an investment, between a
contracting state, which the parties to the dispute consent in writing to
submit to the centre. When the parties have given their consent no party
may withdraw its consent unilaterally. ‘National of another contracting
state’ means - any natural person who had the nationality of a contracting
state other than the state party to the dispute on the date on which the
parties consented to submit such dispute to conciliation or arbitration as
well as on the date on which the request was registered.
Any national of a contracting state wishing to institute conciliation or
arbitration proceedings, shall address a request to that effect in writing to
the Secretary General who shall send a copy of the request to the other
party. (Article 28 & 36). The above Centre fills a lacuna in the international
arbitration process so that private foreign investors including individuals)
can start international proceeding against governments. Once the consent
has been given by both parties, the award will be binding on the parties.
Que. Write on essay on United Nations and the protection of human
lights?
Ans. The foremost objective of UN organization is the promotion of respect for
human rights. The preamble of the UN charter reaffirms “faith in fundamental
rights in the dignity and worth of the human person, in the equal rights of
men and women and of nations large and small.” One of tie purposes of
the organization is “to achieve international co-operation in solving
international problems of a humanitarian character, and in promoting and
encouraging respect for human rights and for fundamental freedom for all
without distinction as to race sex, language, or religion.”
Article 55 and 56 of the UN Charter put some basic obligations on the
organization to achieve the above purposes. Article 55 puts on obligation
to promote universal respect for, and observance of, human rights and
28
fundamental freedom. Article 56 stipulates all member states to take joint
and separate action in co-operation with the organization for the
achievement of the purposes set forth in Articles 55.
UN charter has internationalized human rights. Member states have
recognized that human rights are a subject of international concern and,
to that extent, are no longer within their exclusive domestic jurisdiction. In
addition to human rights provisions contained in the charter. The UN adopted
the Universal Declaration of Human Rights and in 1966 adopted (1) The
International Covenant on Civil and Political Rights (2) The International
Covenant on Economic, Social and Cultural Rights. The Optional Protocol
to the Covenant on Civil and Political Rights supplements the measures
of implementation of the covenant on civil and political Rights.
Other major UN Human Rights treaties are (1) the Convention on the
Prevention and Punishment of the Crime of Genocide. (2) The International
Convention on the Elimination of All forms of Racial Discrimination. (3)
The International Convention on the Suppression and the punishment of
the Crime of Apartheid. (4) The Convention on the Elimination of all forms
of Discrimination against women and (5) The Convention against Torture
and other cruel, Inhuman or degrading treatment.
Que. What is rights of individuals?
Ans. According to the traditional rule which has found expression in Article 34
of International Court of Justice, “only states may be parties in cases
before the court.” This provision does not prevent states, from securing to
individuals access to international courts and tribunals. The Central
American Court of Justice (1907) appears to be the first international tribunal
that recognised the procedural capacity of individuals to bring claims
against states. The Convention gave individuals access to the court to
bring claims against any contracting state except their own, provided that
local remedies had been exhausted and a denial of justice was shown,
but regardless of whether the individual’s own state was willing to press
them.
According to Article 4 of the 1907 Hague Convention XII, an appeal from
the decisions of national prize courts could have been brought before the
International Prize Court, not only by the neutral state but also by private
individuals injured by the decisions of the national prize courts.
Article 297 of the Treaty of Versailles provided that the nationals of the
Allied and Associated powers, could bring action against Germany before
mixed Arbitral Tribunals established in conformity with article 304 of the
treaty. These private individuals were authorized to claim compensation
which German’s extraordinary war measures might have caused them.
Individual citizens of the victor states were authorized to bring claims
against national and governments of the defeated states.
The German, Polish convention of 1972, otherwise known as the Upper
 Silesian Convention, between Germany and Poland provided for a tribunal
which was given jurisdiction to entertain actions brought by nationals of
either party against their own state. The convention is of great significance
because it grants individuals the capacity to claim their rights before an
international tribunal not only against a foreign state but also against their
own state.
Que. Write an essay on “The UN Human Rights system” ?
Ans. While the United Nations is an international organisation, the UN system
is the whole network of international organisations, treaties and conventions
that were created by the United Nations.
The UN system is based on five active principal organs (formerly six, the
UN Trusteeship Council suspended operations in 1994), viz. General
Assembly, Security Council, ECOSOC, UN Secretariat and the
International Court of Justice. In addition, separate organizations, often
subordinate to the principal organs have been created to solve specialized
tasks. For example, organizations of the General Assembly include
UNCTAD, UNDCP (Drug Control Programme), UNDP, UNHCR, UNICEF
and many others. Organs of the Security Council include the Human
Rights Council Peacekeeping operations and Missions. ECOSOC has
several functional commissions on Social Development, Narcotic Drugs,
Science and Technology for Development, besides acting as a co-
ordinating machinery for specialized Agencies working with the UN, like,
ILO, FAO, UNESCO, WHO, World Bank etc.
Few UN decisions create binding international legal obligations and even
fewer can be effectively enforced. The UN Human Rights Council (former
UN Commission on Human Rights) deals with individual and state petitions
alleging violation of human rights. ECOSOC Resolution 1235 (June 6,
1967), applies to any situation involving large scale violation of human
rights. The Working Groups and special rapporteur system established,
report an large scale violations. A petition received under the 1503 procedure
is first examined by the working group. The working group may refer it to
the Sub-Commission which may decide to refer the petition to the Human
Rights Council. The Council’s recommendation is referred to ECOSOC
as well as the General Assembly. The latter may adopt appropriate
resolution calling on the governments concerned to remedy the situation.
Thus the Assembly resolution, though not binding, puts indirect pressure
on the defaulting governments to stop future violations. The UN Human
Rights system can swing world opinion against violators and pressurize
defaulting states to take corrective measures against human rights
violations within their jurisdiction.
Que. Write an essay on the African System of Human and Peoples’ Rights.
Ans. The African Charter of Human and Peoples’ Rights was adopted by the
29
Organization of African Unity (OAU) in 1981, and entered into force in
1986. It was ratified by 30 States. It established a system for protecting
and promoting human rights within the framework of the OAU.
The individual complaint mechanism of the African Charter is similar to
the one provided by the UN system, but differs from the system of the
European and American conventions. The Commission on Human and
Peoples’ Rights compiles a list of communications other than those of
states parties to the present Charter and transmits them to the members
of the Commission.
If the complaint is admitted, the Commission refers it to the Assembly of
the Heads of States and governments. The Assembly then decides whether
to request the Commission to undertake an in depth study or not. The in-
depth study and report thus prepared by the Commission may only be
published after it has been considered by the Assembly of the Heads of
State and Government.
————————
Chapter - 9
State Responsibilities in International Law
Part -A
Que. What is State ?
Ans. State refers to people politically organized under a government, with
geographical boundary.
Que. What is Public ?
Ans. Public means of or concerning the public as a whole, not private, open to
general observation or knowledge.
Que. When did the International Law Commission initiate a study of state
responsibility ?
Ans. The International Law Commission initiated the study of state responsibility
in 1949.
Que. I. L. C. stands for ?
Ans. International Law Commission.
Que. What was “1803 resolution” of the General Assembly ?
Ans. The position of the capitalist developed states is represented in General
Assembly Resolution 1803 on right of peoples and nations “to permanent
sovereignty over their natural wealth and resources”.
Que. What is compensation ? responsibility generally with responsibility for the treatment of aliens in
Ans. Compensation has traditionally been considered as involving payment particular proved inconclusive. The Commission reconvened in 1969 to
equivalent to the full value of the property taken, possible with a margin consider the general issues of responsibility. Thirty five draft articles
allowed for future loss or profits. indicating when responsibility may be incurred have been adopted by the
Commission. All states are equally responsible under international law for
Que. When was the International Tribunal established at the Hague for their illegal acts. This rule is absolute. A state cannot for example, plead
setting the claims of United States Nationals against Iran and the lack of capacity. “New” states do not enjoy a period of grace before they
claims of Iranian Nationals against the United States? assume responsibility for the discharge of their obligations.
Ans. 1981. Que. Elaborate on the nature of liability ?
Que. U.N.E. P. stands for? Ans. Liability means state of being liable (answerable). By nature liability may
Ans. U.N.E.P stands for United Nations Environment Programme be civil or criminal. With respect to civil liability international law does not
distinguish between contractual and torturous liability. Breach of treaty
Que. When was UNEP established ?
obligation is an example of international delict.
Ans. UNEP was established in 1972.
The customary international law on the question ‘Is state responsibility
Que. What is responsibility ? absolute is not clear, while evidence in the form of arbitral and judicial
Ans. Responsibility means state of being answerable, duty, charge, obligation. decisions can be found in support of both standpoints. Conclusive evidence
in support of either theory is absent The proliferation of state organs and
Que. What is environment ?
agencies has seen an increased application of strict liability. Fault liability
Ans. Environment literally refers to natural surroundings, conditions of life or has, because of the extension of state activities, become too complicated
growth. to apply in practice.
Que. What is “Liability” ? Que. What is Erga Omnes ?
Ans. “Liability” means state of being liable, obligation, hindrance, disadvantage Ans. Contemporary international law recognises the concept of erga omnes -
etc that is obligations owed by every state to the international community as
Que. When did the U.N. establish the compensation fund to settle war a whole. These obligations were identified by the International Court of
claims against Iraq arising from the possibilities in the Gulf? Justice in the Barcelona Traction Case as deriving from the outlawing of
acts of aggression and of genocide and from ‘rules concerning the basic
Ans. 1991. rights of human person, including protection from slavery and racial
Que. What is Nation ? discrimination. Thus, by nature such obligations are the concern of all
Ans. Nation literally means people or race organized as a state. states and because of the importance of the rights involved, all states
have a legal interest in their protection.
Que. What is Claim ?
Que. Write a short note on Reparation ?
Ans. Claim means demand as right, assert, call for etc.
Ans. Reparation means repairing, making amends, compensation. Diplomatic
negotiation may produce an apology or assurance that the offending breach
Part - B of international law will not recur. If, material loss has been sustained by
a state or one of its nationals, the question of reparation frequently has to
Que. Comment on “state responsibility in International law” ?
be determined.
Ans. State responsibility in International law refers to liability of one state to
The object of reparation should be to wipe out, as far as possible, ‘all the
another for the non-observance of the obligations imposed by the
consequences of illegal act and re-establish the situation which would in
international legal systems. In state responsibility a state may incur liability
all probability have existed if the act had not been committed’.
for injury to the defendant state itself. This may be for breach of a treaty,
obligation or for injury to the defendant state’s nationals or their property. Reparation is designed to restore previous conditions and, if this is not
possible, to compensate for the injury itself. Reparation may be awarded
The International Law Commission initiated a study of state responsibility
through restitution in kind which means restoring the property to its owner.
in 1949. Its efforts to produce a draft convention linking questions of
30
 If restitution is not possible, through payment of a SLIM corresponding to
the value which a restitution in kind would bear.
Que. Comment on “Imputability in the context of state responsibility?
Ans. Imputability means attributable. A state is only responsible for acts or
commissions which can be attributed to it. In international law, a state is
responsible for the actions of:
(a) The government
(b) Any political subdivision of the state
(c) Any organ, agency, official employee or other agent of its government
or of any sub-division acting within the scope of their employment.
Immutability is a legal fiction assimilating the acts of those identified above
to the state as if they were its own.
A state is not responsible for acts committed by one of its nationals
(provided that is, he is a private individual and is not, for example, a
policeman) against a foreigner. The individual may of course, be liable to
prosecution in the domestic courts and indeed the government concerned
may be held internationally labile if it fails to discharge its duty of diligently
prosecuting and properly perishing. Acts of private persons performed on
his own initiation in an emergency, for example a natural disaster, are
attributable to the state. A state cannot deny responsibility for an
international wrong on the grounds that the act is, under its domestic law
ultra vires. A state can be held liable for the conduct of an official even
when official competence has been exceeded outside his power i.e. that
is the official acted with apparent authority as competent authority as
competent officials or organs and the powers or methods used were
appropriate to this official authority.
Part-C
Que. Elaborate on the state responsibility for the environment ?
Ans. The last 20 years have witnessed increasing concern for the environment
and a realization that protection, to be effective, must be based on
international co-operation. This has resulted in a number of inter-state
efforts, for example the 1992 Earth Summit, and there exists a plethora of
arrangements both at an international and regional level, designed to effect
environmental protection. The United Nations in 1972 established UNEP
(United Nations Environment Program) to implement the Action Programme
adopted at the conference on the human environment, while the European
communities have an extensive legislative program on Environment issues.
Also the International Law Commission has identified massive pollution of
the atmosphere or the seas as international crime. However, customary
31
international law is not silent on state’s responsibility for the environment.
It imposes restriction on the enjoyment of a states recognized right in
accordance with the Charter of the United Nations and the principles of
international law, to exploit their own natural resources pursuant to this
own environmental policies. The responsibility of all states under
international law is to “ensure that activities within this jurisdiction or control
do not cause damage to the environment of other States or of areas beyond
the limits of national jurisdiction. The protection, preservation and
enhancement of the environment for the recent future generation is the
responsibility of all states. All states shall endeavour to establish their
own environmental and developmental policies in conformity with such
responsibility. All states have the responsibility to ensure that activities
within their jurisdiction or control do not cause damage to the environment
of other states or of areas beyond the limits of national jurisdiction. All
states should co-operate in evolving international norms and regulations
in the field of environment.
Que. Elaborate on “The Principles of Treatment of Aliens ?
Ans. A state is not required to admit foreign nationals. Immigration control is a
matter of national law. Declarations on the Human Rights of Individuals
who are not nationals of the country in which they live -endorses that once
aliens are admitted, a state that fails to treat foreign nationals in a required
way, it may be held guilty of having breached international obligations.
Aliens are assured of certain rights, such as right of equality within the
judicial process and protection from torture, cruel or inhuman treatment
Aliens are required to observe the laws of host state and to do so with
respect for the customs and traditions of that country.
According to the national treatment standard, aliens are to be treated in
the same way as nationals of the state concerned. However, international
law does not regulate a state’s treatment of aliens in all activities, for
example aliens in all activities, vote or they may be admitted to public
office. The disadvantage of the national treatment standard is obvious. A
state could subject an alien to inhuman treatment and justify such treatment
on the grounds that nationals could be similarity treated.
A state may incur responsibility if an alien is physically ill-treated or if an
alien’s property is damaged and if an alien suffers a maladministration of
justice, for e.g. is denied assistance of counsel or denied adequate
protection. Liability will only be incurred if the lack of protection has been
either wilful or due to neglect.
States are required to afford a degree of protection to internationally
protected persons than to “ordinary” aliens.
Que. What is Compensation ?
Ans. Compensation has traditionally been considered as involving payment
equivalent to the full value of the property taken, possibly with a margin
 allowed for future loss or profits. Payments should be made in a readily
convertible currency (that is, the recipient should be in a position to use
and benefit from the compensation) either before or at the time of the
takeover. Deferred payment will only be allowed if the amount which is
paid is fixed promptly and provision is made for the payment of interest.
This traditional approach has been challenged and, to some extent, rejected
by developing countries. 1974 charter of Economic Rights and duties of
states provides that appropriate compensation should be paid by the state
adopting such measurers taking into account its relevant laws and
circumstances, that the state considers pertinent. It further provides that
in the event of dispute arising over compensation it should be decided by
the domestic law of the nationalizing state (Unless otherwise mutually
agreed). The compensation must be prompt, adequate and effective.
Compensation is normally a matter of negotiation. There are no established
principles for calculating the sum to be paid. In respect of material loss,
the sum awarded is generally commensurate with the loss sustained and
will take account of “loss of profits... as compared with other owners of
similar property”.
Que. How is Nuclear testing harmful for human kind ? What are the
international efforts undertaken in controlling it ?
Ans. Nuclear testing is very harmful for human kind as harmful radio active
substances are released in the environment, which proves a menace for
all living beings. International effort in controlling it consists of various
treaties and conventions. Fears of radio active fall out prompted the 1963
treaty banning nuclear weapons tests in outer space and under water.
Article 1 (1) (6) of the treaty forbids testing “in any... environment if such
explosion causes radio active debris to be present outside the territorial
limits of the state under whose jurisdiction or control such explosion is
conducted.
Australia, in the nuclear tests cases advanced the argument that there
existed a rule of customary international law prohibiting atmospheric
nuclear testing and that the prohibition was expressed in absolute terms,
thus constituting community as a whole and not just to one state.
The 1986 Chernobyl incident brought an almost immediate international
response in the form of the Vienna Conventions on early notification of a
nuclear accident and the conventions on assistance in the case of a
nuclear accident or Radiological emergency. As may be apparent the
ensuring obligations relate to the provisions of information and assistance.
The conduct of hostilities does not relieve states of their responsibilities
to the environment.
The 1977 Convention on the Prohibition of Military or another Hostile Use
of Environmental Modification Techniques and Protocol I of the 1980
conventional Weapons Treaty prohibits modes of warfare having a severe
32
and long term effect on the environment and requires respect to be shown
for the natural environment and its protection from severe widespread and
lasting damage.
At a regional level, article 130 of the EEC treaty articulates the goals of
the community with respect to the environment. These are
(1) To preserve, protect and improve the quality of environment.
(2) To contribute towards protecting human health.
(3) To ensure a prudent and rational utilization of natural resources.
The European community has adopted an extensive legislative programme
on, inter pollution water quality, land pollution, radiation and storage of
radio active waste, waste disposal, nature conservation and C.F.C’s. An
Environmental Assessment directive was adopted in 1985 and an European
environment agency is to be established for providing the community and
its members with “objective, reliable and comparable information.
Que. Comment on “ the Barcelona Traction Case” ?
Ans. In the Barcelona Traction case, the International Court was confronted
with the question of whether Belgium could intervene on behalf of Belgian
nationals and shareholders of Barcelona Traction (Company), which was
incorporated in Canada, and where it maintained its registered office. The
losses sustained had been a result of measures taken by Spain, the
country in which the company operated. Canada initially intervened, but
subsequently withdrew and did not proceed with a claim. The court upheld
Spain’s objection to Belgian intervention on the grounds that Canada’s
failure to act did not increase Belgian’s right. According to the courts
Judgement, the state whose nationality a company possesses, even if it
operates in a foreign country and is controlled by foreign shareholders,
has the right to make, the claim on its behalf. It was the company, which
had suffered the injury, but the company was not defunct and therefore,
whether or not to espouse a claim on behalf of the company remained
within Canada’s discretion.
Regarding shareholders, the general rule is that a state may not pursue a
claim on behalf of nationals who suffer injury as a consequence of a
measures taken against foreign companies in which they own shares.
The international court, in the Barcelona Traction case, concluded that to
recognize diplomatic protection on behalf of shareholders would result in
confusion as the shares of international companies are “widely scattered
and frequently change hands” . The court did admit one exception to the
general rule, namely if the company ceased to exist. In such
circumstances, the court recognized that the national state of the
shareholders could initiate a claim on behalf of the shareholders in respect
of losses sustained by them as a result in injury to the company. The
court’s judgement failed to acknowledge that a state in which a company
is incorporated may have little interest in pushing a claim on its behalf. A
 Company may be incorporated in a particular state as a matter of Que. When was The Declaration on “the granting of independence to
convenience. In that event, the state whose nationals are shareholders colonial countries and peoples” adopted?
may indeed have considerable interest in espousing a claim. Ans. 14th December 1960.
The court concluded in the Barcelona Traction case that with respect to Que. When did declaration on Social Progress and Development take
“the diplomatic protection of corporate entities, no absolute test of the place?
“genuine connection” has found general acceptance.
Ans. Declaration on the social progress and development took place on 11th
Que. What do you mean by local remedies ? For what purpose its December 1969.
exhaustion has been made a main criteria before taking recourse
to international arbitral or judicial process ? Que. When did the Declaration on the use of scientific and technological
progress in the interests of peace and the benefit of mankind take
Ans. It has been established as customary in international law, that before place ?
taking a case of human rights violation to the international arbitral or judicial
process, the appellant should have sought local remedies under the Ans. 10th November 1975.
national judicial process. Que. Significance of 1976 in India ?
The purpose of adopting this procedure is because of the following reasons: Ans. It was in 1976, by the 42nd amendment Act. Indian Republic was
1. To allow the state concerned the opportunity to afford redressal within specifically described as socialist.
its own legal system for the alleged wrong; Que. What is called the conscience of the Indian Constitution ?
2. To reduce the number of possible international claims; Ans. The preamble and parts III and IV of the Constitution are called the
3. To respect the sovereignty of states. conscience of the Constitution.

Local remedies mean not only reference to the court and tribunals, but Que. Significance of articles 4,5 and 6 of the rights of the child ?
also the use of procedural facilities which municipal law makes available Ans. The Declaration of the Rights of Child in articles 4, 5 and 6 provides for
to litigants before such courts and tribunals. state remedial action in favour of children, their nutrition, education and
An individual must, therefore, employ all administrative, arbitral or judicial material advancement.
remedies. But local remedies need not be exhausted if it is evident that Que. When was the American Convention on Human Rights and
there is no justice to exhaust. Exhaustion of local remedies is not required fundamental freedoms adopted ?
when the alleged wrong is a direct injury by one state against another Ans. The American Convention on Human Rights and fundamental freedom
state. was adopted in the year 1969.
———————— Que. T.A.D.A. stands for?
Ans. T.A.D.A. stands for Terrorist And Disruptive Activities (Prevention) Act.
Chapter- 10 Que. Who said “The full and free development of every individual is
one of the basic principles of socialist society ?
Further Insights in Human Rights
Ans. Karl Marx
Que. What rights are guaranteed under Article 21 of the Constitution of
Part-A India ?
Que. When was the International Human Rights Conference held in Ans. Article 21 of the Constitution of India guarantees the fundamental right to
Tehran? life. “Right to life as given in Article 21 would mean right to decent life, life
Ans. The International Human Rights Conference was held in Tehran in 1968. It with human dignity, otherwise, there is nothing to guarantee. Right to life
was called by the General Assembly of the United Nations to mark the would also include freedom from police or other atrocities and freedom
International Year of Human Rights. from torture.
Que. Under which amendment of the Indian Constitution the right to
property was abolished as a fundamental right ? Part-B
Ans. It was abolished by the 44th Amendment Act of 1979.
33
Que. Who were the main personalities behind the constitution of India?
Ans. The formation of Constitution of India was a very long process. Several
big, eminent and learned personalities were behind the formation of the
constitution of India. Among the important personalities behind the
constitution of India were Pandit J.L. Nehru, Dr. B.R. Ambedkar, Mrs.
Vijaya Lakshmi Pandit, B.N. Rau, R.K. Sidhwa, Alladi Krishna Swami
Ayyar, K.M. Munshi, Prof. K.T. Shah, Harnam Singh and many more.
Pandi Jawaharlal Nehru was appointed as the first prime minister of India
and he appointed an expert committee to draft the fundamental rights and
to arrange the early session. The most important name that is considered
as the founding father of the constitution of India is Dr. B.R. Ambedkar.
He was the chairman of the drafting committee of the Indian Constitution.
Que. What does the declaration on the Rights of the Child provides for
under Article 4,5 and 6 ?
Ans. The Declaration of the rights of child in Arts. 4, 5 & 6 provides for the state
remedial action in the favour of children, their nutrition, education and
material advancement. The Indian constitution has, provisions in this behalf.
Que. Who were Gandhi, Nehru and Ambedkar ?
Ans. Gandhi, Nehru and Ambedkar were the important personalities in the
formation of constitution of India and the Indian freedom struggle. Gandhi
was the inspirer of the freedom struggle. He devoted his whole life for the
upliftment of the lower caste people and to bring equality in the society.
He is considered the father of Indian nation. Nehru was the first prime
minister of India. Ambedkar was the founding father of the constitution of
the independent India.
Que. “The service of India means the service of the millions who suffer.
It means ending of poverty.......opportunity.” Comment?
Ans. The service of India means the service of millions who suffer. It means the
ending of poverty and ignorance and disease and inequality of opportunity.
For India is a developing country with a huge population; illiteracy and
poverty has been the hallmark of Indian people. There is a rigidity of caste
system in India. Every now and then we can hear about corruption in
every field and walks of life. Unemployment and poverty makes the
conditions of life worst for the majority of its inhabitants. So one of the
biggest task for the rulers, administrators is to initiate schemes for ending
or reducing poverty, ignorance and disease and inequality of opportunity.
Positively various measures have been initiated from time to time and
legislative and administrative acts have been passed to undo such lacunae.
Que. “Since human rights and fundamental freedoms are indivisible,
the full realization of civil and political rights without the enjoyment
of economic, social and cultural rights is impossible” ?
Ans. Since human rights and fundamental freedoms are indivisible, the full
realisation of civil and political rights without the enjoyment of economic,
34
social and cultural rights is impossible. Yes this argument holds valid.
This process of realisation calls for legal positivism by lawyers who know
the art of effective expression with no compromise on the spirit and
substance of the project. We may assert that it is the essence of law that
it becomes positive while it is a welcome phenomenon of our times that
universal faith in fundamental human rights and global awareness of the
dignity and worth of the human person as part of the larger freedoms is
rising.
Part -C
Que. Elaborate the significance of the International Human Rights
Conference held in Tehran, 1968 ?
Ans. The International Human Rights Conference in Tehran (1968) called by the
General Assembly of the United Nations to the mark the International
Year of Human Rights came out with a pregnant proclamation. “Since
Human Rights and fundamental freedoms are indivisible, full realization of
civil and political rights without the enjoyment of economic, social and
cultural rights is impossible”. This conceptual integrity is essential to
Human Rights reality.
For devoid of economic and social stamina, political rights become
decorative paper rights, the husks without the grain. A significant point to
mention is that many countries declarations that have came up has
recognized both of them viz. economic, social and cultural rights and civil
and political rights. It has come on the basis that they are inseparable.
Strictly speaking all rights are equally important because exercise of one
right is associated in action with the exercise of another.
Que. What are the provisions contained under Article 41 of the constitution
of India ?
Ans. Article 41 of the constitution says that “the state shall, within the limits of
its economic capacity and development, make effective provision for
securing the right to work, to education and to public assistance in cases
of unemployment, old age, sickness and disablement, and in other cases
of undeserved want. The holistic approach to both categories of Human
Rights in the constitutional law of India is instructive. While the political
and civil rights are made fundamental and judicially enforceable, they are
subject to ‘reasonable restrictions’ for social good. The economic and
social rights are also made fundamental, though not justiceable. The State
is mandated to enforce them administratively and legislatively.
Que. Discuss how the Constitution of India and the Provisions of the
Universal Declaration of Human Rights are similar?
Ans. There are a lot of similarities between the Provisions in The Declaration of
Human Rights and the constitution of India. India has incorporated most
of the provisions of the Universal Declaration of Human Rights, 1948 in its
 constitution as much as it did the minds of the makers of the universal human rights. The Constitution had been amended to provide for carrying
declaration of Human Rights, 1948. Indian constitution is prepared with on the TADA for two more years. The TADA law has since been repealed.
the spirit to promote protect and guarantee Human Rights and fundamental
freedoms without distinction as to race, colour, sex, religion etc. Indian
constitution also provides for effective machinery for the enforcement of ————————
fundamental rights.
India with its constitution has made honest efforts for the promotion and Chapter- 11
protection of law without any discrimination of race, caste, sex, religion,
language, colour etc. Both say that every one has the right to freedom of
Human Rights Indian Perception and Perspective
speech and expression, join and form trade unions, every one has right to
freedom of movement and residence within the territory. Part -A
No one shall be subjected to arbitrary arrest, detention or exile. Every one Que. What does N S G stand for ?
has the right to an effective remedy by the competent national tribunal for
Ans. NSG stands for National Security Guard.
acts violating fundamental rights granted by the constitution or by law.
Thus, we can say that the provisions in the Indian Constitution are similar Que. N H R C stands for ?
to that of the Universal Declaration of Human Rights. Ans. National Human Rights Commission.
Que. What is communalism ? Write an essay in India context ? Que. Significance of 10th December 1948 ?
Ans. Communalism can be defined as fight on the basis of caste and religions. Ans. Adoption by the General Assembly of the Universal Declaration of Human
Fight against caste, or religious group domination goes against to Human Rights.
Rights movement. Communalism is the barrier in the way of every kind of
Que. In which year was the convention on the rights of the child adopted
struggle for a better life for the vast majority of our people. It disrupts the
by the U.N. General Assembly?
common struggle against poverty and exploitation. At the more fundamental
level communalism has to be fought because it is profoundly anti-human. Ans. The United Nations General Assembly adopted the convention on the
It causes untold suffering, riots, persistent threats to violence, speeding rights of the child on 20th November 1989.
unemployment or destroying of a particular community. We still witness Que. When was the world congress on Human Rights held in New Delhi
riots and terrorist violence in the name of religion. All over the country we ?
see different religions veering towards fundamentalism. The growing trend Ans. 10th to 15th December 1990.
of communalism is tearing the unity of our country and posing a grave
threat to India’s integrity. If we continue to fight with each other in the Que. C.E.D.A.W?
name of religion we shall never be able to begin our march for establishing Ans. UN Convention on Elimination of all forms of Discrimination against women.
just and equal society. It is the duty of those believing in Human Rights to It was adopted by the U.N. General Assembly in 1979.
put up a spirited fight against communalism lest it destroy the vital concept Que. P.U.D.R?
of fundamentalism, whether of majority or minority.
Ans. People’s Union for Democratic Rights.
Que. What is said about TADA Act in this chapter ?
Que. N.C.E.R.T?
Ans. This chapter says about TADA as follows:-
Ans. National Council of Educational Research and Training.
The TADA or Terrorist and Disruptive Activities (Prevention) Act was passed
in 1985. It was brought because of the special situation in Punjab. When Que. C.B.I ?
TADA was placed in Parliament in 1985, the members of Parliament spend Ans. Central Bureau of Investigation.
eight minutes to pass the Act. It was renewed again in 1989,91 and 93 Que. C.P.D.R?
and the maximum period that was spent for renewing it was six hours at
Ans. Committee on the Protection of Democratic Rights.
one stretch. The members present in the house when TADA was being
passed never range between 8 to 34 members in a house of 500. This Que. I.T.B.P ?
shows the concern of the persons who were expected to safeguard the Ans. Indo - Tibetan Border Police.

35
Que. Interpol stands for ?
Ans. International Criminal Police Organisation.
Que. When did Human Rights become an international concern in the
modern period ?
Ans. Human Rights have become an international concern and demands
enforcement with international pressures on defaulting state since 1976.
Que. When did India enact the Protection of Human Rights Act ?
Ans. 1993.
Que. Significance of 10th December ?
Ans. Universal Declaration of Human Rights was adopted by General Assembly
of the UN. Also observed and World Human Rights Day.
Part-B
Que. Elaborate, “Man is not an individual. He is a social organism”?
Ans. ‘Man is not an individual but he is a social organism. This statement is
taken from Atharva Veda to explain the duty of human beings to all. He is
bound to his real relatives and also to those who have no blood kinship
with him. He is the member of the whole ‘Human family’ and so, he is
expected to develop his crafts sciences, technology and make the tomorrow
of his whole human family happier.
Que. Write the preamble of the constitution of India ?
Ans. The Constitution of India provides us the Human Rights called the
fundamental rights. In its preamble, it resolves to secure to all its citizens:-
(1) Justice- social, economic and political.
(2) Liberty-of thought, expression, justice, belief, faith and worship.
(3) Equality- of status and of opportunity and to promote among all.
(4) Fraternity- includes assuring the dignity of the individual and the
unity and integrity of the nation.
Que. Write a note on the rights of the child ?
Ans. The UN General Assembly adopted the convention on the rights of the
children on Nov. 20, 1989. The main areas of children’s rights are as
follows Right to survival, development, protection and participation so that
every child whether born in or out of wedlock should be provided the equal
rights and protection to develop fully, to express their opinions, to get
proper shelter, food, protection and freedom. Motherhood and childhood
are entitled to special care and assistance according to Article 25(2) of
Universal declaration of Human Rights (1948).
Que. Write a short note on emergency ?
Ans. Constitution of India, Part XVIII (Articles 352-360) provides a separate set
36
of provisions to deal with situations as war or external aggression or even
internal rebellion, civil war or like which render it impossible for the normal
constitutional machinery to cope with the abnormal situation. During
emergency certain human rights can be derogated in the as in the
International Covenant on Civil and Political Rights, 1966. During public
emergencies which threaten the organised life of the nation (communities),
certain human rights can be derogated as a temporary measure till
continuance of an exceptional situation. Crisis of emergency or threat to
the nation may be either actual or imminent and such provisions exist in
Article 352(1) of the Indian Constitution.
Que. Explain Karal Vasak’s categorization of Human Rights.
Ans. Vasak Categorizes human rights into three generation of rights :
1. First generation rights emerged from the American & French
Revolutions. They correspond to civil and political rights, which are
negative rights that call for restraint from the state.
2. Second generation rights emerged from the Russian Revolution
carrying the welfare state concepts. They correspond to the
economic, social and cultural rights calling for positive action by the
state.
3. Third generation rights are rights that call for global inter dependence
and international co-operation for their realization. These are right to
peace, protection of the environment and development.
Part - C
Que. How are environment and Human Rights related to each other?
Ans. Human Rights and our environment are inter-related. The articles 3 and 25
of UDHR form the basis of a safe and healthy environment. The rights
were reiterated in 1972 Stockholm Declaration at the UN Conference on
Environment. Article 12 of the International Covenant on Economic, Social
and Cultural Rights recognizes the rights of everyone to the highest
attainable standard of physical and mental health and agree to take steps
to activate the full realisation of this right, including the improvement of all
aspects of environmental and industrial hygiene.
The resolution of 6th March 1990 adopted at its 52nd meeting of
Commission of Human Rights of Economic and Social Councils illustrated
that protection of environment is the first duty of all people. Environment is
everyone’s natural possession which is present with every individual right
from his birth and so it is our first right to safeguard and clean the
environment which has over last two decades emerged as one of our
basic rights. Human Rights are meant for protection of all those who need
protection and environment requires the maximum attention because it
only provides and satisfies our basic needs. In this way Human Rights
and environment are inter-related.
Que. What is internal security ? Why is it significant for the nation?
Ans. Internal security is action against violent movements which arise out of
socio-economic and political discontent. During Internal security operations,
carried out by police departments, certain discomforts are faced by the
common mass. The problem of Human Rights in areas lorn by intense
strife and such manifestations of violence need to be looked at from a
different perspective. Internal security according to Claire Palley, “provide
criteria for making value judgements, reflect normative judgements as to
what is permissible to be done by free and responsible persons.” A famous
author says that the path of Human Right does not run smooth and straight
if internal security is not applied. Today we find that there are a large
number of groups in Third World countries which are being subjected to
exploitation, injustice and violence. In this climate of conflict and injustice,
judges have to play a positive role and they cannot be content by invoking
the doctrines of self-restraint and passive interpretation. The approach of
the judiciary in the interpretation of Human Rights needs to be creative
and purposeful and the judiciary must adopt an activist goal oriented
approach to meet this problem.
The so called protagonist of human rights are pre-occupied only with the
superstructure of civil and political rights of urban and rural elite to the
exclusion of other rights. The expression protective custody was a
euphemism calculated to disguise what was really and in truth nothing
short of blatant violation of personal liberty guaranteed under Article 21,
because there was no provision of law under which a women could be
kept in jail under protective custody merely because she was required for
the purpose of giving evidence. Certain lockups have now been established
for females which are guarded by female constables. Interrogation of women
is also carried out in presence of female police. Whenever a person is
arrested, and taken to the lock-ups, immediate steps are taken for the
purpose of providing legal assistance. All these measures are a part of
internal security.
Que. Elaborate on the National Human Rights Commission and its
functions ?
Ans. The National Human Rights Commission of India, under section 3, of the
Protection of Human Rights Act 1993 comprises of (a) A Chairperson who
has been a Chief Justice of the Supreme Court, one member who has
been a Judge of the Supreme Court, one member who has been the chief
justice of a High Court, Two members to be appointed from amongst
persons having knowledge or practical experience of human rights. The
Chairperson of the National Commission for Minorities, the National
Commission for SC and ST and the National Commission for Women are
deemed to be members of the Commission for the discharge of various
functions assigned to it, except for the function relating to enquiry in to
complaints of violations of human rights viz., that are mentioned in section
12 (a)(i) and 60 of the Act.
37
The functions of the National Human Rights Commission are as follows:-
(a) Inquire, Suo motu or on a petition presented to it by a victim or any
person on his behalf into complaint of :-
(i) Violations of Human Rights or abatement thereof or
(ii) Negligence in the prevention of such violation, by a public
servant.
(b) Visit under intimation to the state government any jail or any other
institution under the control of where persons are detained or lodged
for purposes of treatment reformation or protection to study their
living conditions and make the recommendations there on.
(c) Review the safeguards under the constitution or any law for the
protection of Human Rights and recommend measures for their
effective implementation.
(d) Take major steps against the acts of terrorism that inhibit the
enjoyment of Human Rights and recommend measures for their
effective implementation.
(e) Promote Human Rights in the field of research.
(f) Spread the education of Human Rights to the various sections of
the society through publications, media, seminars and other available
means.
(g) Promote the efforts of NGOs in the field of Human Rights.
(h) Encourage other functions necessary for the promotion of Human
Rights.
Que. Elaborate on the role of Supreme Court and High courts for
protecting Human Rights in India ?
Ans. Fortunately, we live in an era of judicial activism in India.
The massive role for protection of Human Rights is played by Supreme
Court as well as the High Court. Both these judicial courts through their
numerous judgements and interpretations of the law have restored human
rights to the deprived. There have been a greater awareness of Human
Rights due to media and role of Human Rights bodies and other such
organizations. The Supreme Court settles the conflicts and also may
order to pay compensation for wrongful confinements without any criminal
charge. It can even rearrange the prevailing customs and systems and
bring them under new laws and regulations. These courts can even charge
fine or money and ask for deposition of extra taxes if somebody demands
his share of liability.
The Supreme Court in 1987, has given the opportunity for lower graded
people who are unable to reach the limits of judicial acts to confer their
cases in the form of demands in the municipal courts of their locality
which later are solved by the higher courts. For this, the infringement of
 fundamental right must be gross and patent and either such infringements
should be on large scale affecting the fundamental rights of a large number
of people.
The Supreme Court has permitted Public Interest Litigations to be filed
before it on behalf of those who are poor and economically disadvantaged
to directly approach the Court. By waiving the ‘locus standi’ rule, any
interested party can file a PIL on behalf of such aggrieved groups whose
fundamental rights are affected. Supreme Court and High Courts through
their judicial activism, have delivered several landmark judgements
protecting fundamental rights of disadvantaged groups. Free legal aid is
provided to the deprived and under privileged section of society.
————————
Chapter - 12
Human Rights UN perception and Perspectives
Part A
Que. The Commission on Human Rights was established in which year ?
Ans. The Commission on Human Rights was established in the year 1946.
Que. Significance of 16 December 1966 ?
Ans. Adoption by the U.N. General Assembly of International Covenant on
Economic, Social, and Cultural Rights and International Covenant on Civil
& Political Rights by the General Assembly.
Que. ILO stands for?
Ans. ILO stands for International Labour Organisation.
Que. Significance of 10 December 1948 ?
Ans. Adoption of the Universal Declaration of Human Rights by the UN General
Assembly.
Que. When was the African Charter on Human and People’s Rights
adopted?
Ans. The African Charter on Human and People’s Rights was adopted by the
eighteenth conference of heads of state and governments of the
Organisation of African Unity in 1981.
Que. When was the declaration on the Right to Development adopted
by the UN General Assembly ?
Ans. 4th December 1986.
Que. ONUSAL?
Ans. United Nations Observer Mission in El Salvador
38
Que. UNIPROFOR?
Ans. United Nations Protection force (in former Yugoslavia).
Que. What responsibilities have been given to the Commission on Human
Rights through the Economic and Social Council resolution 72 8F
(XXVIII) of 30th July 1959.
Ans. It gave the Commission on Human Rights certain responsibilities regarding
the treatment of communications dealing with human rights.
Q&A. The right of all people to self determination mentioned as a principle
(not a right) in the UN Charter, but omitted from the declaration is contained
equally and universally in the two human rights.
Que. Who was Elanor Roosvelt ?
Ans. She was the wife of the former U.S. President and chairperson of the
newly created Commission on Human Rights, for the first few years.
Que. Significance of March 2006 ?
Ans. UN Human Rights Council replaced the Commission on Human Rights.
Que. Which year was the Convention on the Elimination of all Forms of
Racial Discrimination adopted ?
Ans. 1965.
Part-B
Que. Write a note on the International covenants on Human Rights?
Ans. The rights set forth in The Universal Declaration of Human Rights which is
not legally binding can be found in two international covenants. The General
Assembly adopted these covenants on 16 December 1966. There were
many arguments on the importance of these two. But actually they both
are important and necessary as without any one of these, other is
incomplete. The civil and political rights includes liberty and security
freedom, etc. and socio-economic rights include right to work, etc.
Que. What do you think are the two most positive results of the United
Nations Human Rights Programme ?
Ans. In terms of the goals set out in the UN Charter and elaborated over the
years, the human rights programme of the UN have had both successes
and failures.
One of the most positive results of the human rights programme is in the
creation of an international standard for the treatment of human beings
allover the world. A common criteria exists for judging whether human
beings enjoy fundamental human rights, besides standard deviations have
been framed to indicate when the rights are violated. Thus there is a
unique regime where all governments, irrespective of political ideologies,
accept human rights norms in principle, if not in practice.
 The second positive outcome is evident in the remarkable increase in
information that UN organs collect and disseminate. The network include
the Human Rights Council, various committees, specialized agencies,
reports from member states and the Year book on Human Rights containing
new national legislation, besides frequent authentic reports from non-
governmental organization. International NGOs like Amnesty International,
Human Rights Watch, International Commission of Jurists constantly
demand more effective enforcement and protection of human rights.
Que. Write a short note an Universal Declaration of Human Rights.
Ans. The Untied Nations made its first significant step in the field of human
rights with the adoption of the Universal Declaration of Human Rights on
10th December 1948. The setting of uniform common standards of
performance for all nations and peoples in respect of human rights, is now
universally accepted. Though the Declaration is not legally binding on
nations, it has nevertheless become the foundation for establishing
obligatory legal norms to govern international behaviour with regard to
rights of individuals. Most national constitutions have incorporated the
fundamental guarantees of life, liberty and security of the individual into
their own national legislation.
The civil and political rights and economic social and cultural rights of the
individual have shifted the emphasis of international law from its concern
exclusively from the state to that of individuals. The Declaration emphasizes
respect for human dignity and for promoting and enforcement of human
rights as a universal concept.
Part-C
Que. Write an essay on Apartheid.
Ans. Apartheid was a deliberate state policy of the South African white minority
government discriminating against the black majority on political, social,
economic and cultural issues. It was a blatant violation of human rights of
the black majority based on racial discrimination. The blacks were denied
political participation in government, denied jobs, houses, property
ownership, denied social inter-mixing and suffered human indignities at
the hands of the authorities. UN bodies have spent more time in dealing
with the policy of apartheid in South Africa than any other issue of human
rights. In 1946, when India first lodged a complaint in the U.N. about the
discriminatory legislation directed against South Africans of Indian Origin,
the General Assembly has pronounced itself on this issue. Apartheid
figured in the UN agenda since 1952. South Africa has rejected UN efforts
to change its policy claiming that racial affairs were a domestic issue
under Art 2(7) of the UN Charter. General Assembly reacted with annual
resolutions of increasingly stringent character The Security Council applied
economic sanctions an trade embargoes on South Africa and nations
broke diplomatic ties with the South African regime. The Sharpeville incident
39
of 1960 and the uprising in Soweto in 1976 drew condemnation from the
Security Council and UN members. Yet South African government would
not budge from its racial policy of apartheid. Under intense glare of world
opinion against South Africa, even the US, UK and Israel (who were silent
supporters) had to back down. The apartheid regime gradually crumbled.
The Nationalist Party of Africa under Nelson Mandela came to power,
which ended the apartheid policy.
Que. Write an essay on “Human Rights; UN perceptions and
perspectives”?
Ans. Human Rights for the first time became a matter of public concern
immediately after the second world war, in the western world. This was
due to the inhumanity of German Nazis and Italian Fascists before the
war and their brutal exercises during the war giving impetus to Human
Rights. Since then, the international co-operation to protect and promote
Human Rights has grown rapidly. Unlike the league of nations covenant,
the UN Charter also contains specific articles on Human Rights. The
economic and social council itself also can make recommendations on
Human Rights. In 1946, the presiding officer of UN for the first few years
was Eleanar Roosevelt, the widow of U.S. president influenced the
supporting nations and instructed the new commission to develop proposals
for international bill of rights, civil liberties, status of women, freedom of
information, protection of minorities, prevention of discrimination on grounds
of race, sex, language and religion. The Commission on Human Rights
meets annually for five or six weeks and carries out studies usually drafted
by the UN secretariat or by special authorities.
Que. Write an essay on the rights protected under various international
documents or treaties ?
The Rights protected under the international law or treaties are varied and
many. Many new types of rights are finding their place AS national as well
as international laws or treaties. Due to increased and new types of
violations of rights In 1948, the Convention on the Prevention and
Punishment of the Crime was adopted. Discrimination on the basis of sex
also received significant attention. Even, the convention on the political
rights of women won the approval of the General Assembly in 1952. In
1962, legal protection was given to women and the government regulated
the minimum age and consent to marriage. Another important achievement
relates to the protection of rights of individual persons who are subject to
arrest or detention. It also supplemented long standing treaty law by
adopting new Convention on the Abolition of Slavery in 1981, A resolution
on alternative approaches and ways and means for improving effective
enjoyment of Human Rights was also implemented. The states were asked
to support regularly on the progress in executing the provisions.
Another important feature which was adopted was the declaration on the
protection of all persons against subjection to torture and other Cruel
 Inhuman Treatments. An increasing emphasis was laid on the importance giving too much emphasis to the rights of the individual.
of applying more structural approach to the solution of the Human Rights Que. When was the English Bill of Rights passed ?
problem. Thus international law or treaties abound and numerous kinds of
rights are protected as a result of concerted efforts of the world community Ans. 1689
for ensuring the general well being of all people of this universe. Que. Name two conservative thinkers of the theory of Natural rights.
Ans. John Locke and Rosseau.
———————— Que. When was the Indian Constitution promulgated ?
Ans. January 1950
Chapter - 13 Que. Define the French Declaration on the Rights of Man.
Ans. The Rights of Man (1789) stated that “men are born and remain free and
Emerging Dimensions of Human Rights
equal in rights” which are “Liberty, Property, Safety, and Resistance to
Oppression”.
Part-A
Que. U.S.A. stands for ? Part - B
Ans. United States of America Que. What are difference between the west and the third world countries
Que. U.N.D.H.R refers to? regarding concept of human rights ?
Ans. United Nation declaration of Human Rights Ans. The main difference regarding the concept of human rights between the
Que. S.C. refers to ? western and the third world countries lies in the fact that west gives too
much emphasis on individual rights i.e. Civil and Political rights, Whereas
Ans. Schedule Castes. the third world countries gives too much emphasis on economic social
Que. S.T. ? and cultural rights. This may be due to the fact that these countries are
Ans. Schedule Tribes. still on the path of development and majority of their people are poor.
Que. UN? Part C
Ans. United Nations. Que. Write an essay on “The Emerging dimensions of Human Rights
and its future.”
Que. What is “Magna Carta” of mankind ?
Ans. In the twentieth century, Human Rights have been the crucial element of
Ans. The Universal Declaration of Human Rights adopted in 1948 is generally philosophical, social and political debates. On one hand there is
referred to as Magna Carta. increasingly widespread concern of universal respect and observance of
Que. I.C.C.P.R. ? Human Rights and on the other hand, these human rights are violated
Ans. International Covenant on Civil & Political Rights. over the world. So many people around the world suffer from hunger,
disease, lack of opportunity. They even are being denied the enjoyment of
Que. U.N.D.P. stands for?
social and economic rights.
Ans. United Nations Development Programme.
The challenge of violations of human rights faces the mankind in its worse
Que. When did the declaration on social progress and development condition. This challenge is global, concern is universal and this issue is
adopted by the UN General Assembly ? basic. In the developing countries, a large number of people continue to
Ans. 1969. live undignified lives. There is a wide gap between these issues which are
written only in papers and which is practical. The practical issue is therefore
Que. Give the views of Dr. Mohatir Mohammad (the Malaysian Prime
very serious. Some countries are taking interest about this human rights
Minister) regarding the universality principle of UDHR?
issue for others, which has become beneficial. Many leaders of South feel
Ans. The Malaysian Prime Minister Dr. Mohatir Mohammad has been one of that issue of human right has been politically manipulated by the powers
the ardent critics of the universality principle. He has long claimed that of North specially by USA as a means of exercising domination over third
human rights were a western import, inconsistent with Asian values and would countries. Human Rights are difficult to ignore and are inherent in
40
 our nature and so the understanding of term depends much on the conditions
and opinions expressed as a society. In short, Human Rights are the
claims of individuals for such conditions that are essential for the fullest
development of the characters that are necessary for every individual to
become human beings and these conditions are the emerging dimensions.
Que. Write a critical essay on the “Universality of Human Rights”?
Ans. The Universal Declaration of Human Rights works as the universally
accepted standard of Human Rights. In a white paper “Human Rights in
China”, the Chinese government stated that “despite its international
aspect, the issue of Human Rights falls by and large within the sovereignty
of each state.” All the countries are different in their understanding and
practice of human rights as due to their historical background, social
system, cultural tradition and economic development.
There were sharp differences in opinion among the states about the concept
of universality of Human Rights during Vienna Conference (June 1993).
The Third world criticises the concept of Human Rights as enshrined in
the U.D.H.R. According to them international Human Rights standards
were conceived and formulated largely by the West and reflect cultural
values that adjusts to western traditions. The western views on the
emphasis on civil and political rights was objected by developing countries.
The west feels fundamental Human Rights and freedom to be universal
and inherent in all human kind. The implementation of principles in terms
of content and forms is different to different countries due to different
historical background, cultural traditions and social and economic level of
development. So, there are different opinions of Human Rights among
different countries. Inspite of this the Universality of human rights can not
be denied.
Que. Comment on “Interdependence of Human Rights” ?
Ans. The most effective objection made by the third world countries against
United Nations declaration is that it lays great emphasis civil and political
rights and it does not properly examines social, economic and cultural
rights. The socio-economic conditions being totally reversed in the third
world countries attains priority much different from the west. Majority of
the countries of developing nations are today also reeling in extreme poverty,
ignorance, illiteracy, malnutrition, disease, etc. The west’s unwillingness
to recognize these faults and give proper attention towards economic and
social rights is itself a distortion of universal Human Rights. It was merely
a matter of satisfaction that there are in fact optimistic feelings that the
inter - relationships between political freedoms are being recognized
increasingly. The Vienna World Conference on Human Rights (June 1993)
realised this need and stated in less certain terms that all Human Rights
are “Universal, indivisible and interrelated. The facts were appreciated in
United Nations declaration which declare that human beings should have
their own dignity and enjoy freedom from fear and want The ideas of Tehran
41
conference was another major step in the direction of the recognition of
indivisibility concept which was the adoption of resolution 32/130 on
“Alternative approaches - for improving the effective enjoyment of Human
Rights” by General Assembly in 1997.
Que. Elaborate on the Human Rights situation in India ?
Ans. In India, Human Rights are being violated in different ways. These violations
include civil and political as well as social and economic rights. There are
mass killings, disappearances, torture, arbitrary detention and extensive
censorship of thought and expression. These violations of individual rights
in India are innumerable, repetitive, enduring and have become the future
of the state system. In the language of justice V.R. Krishna Iyer - “India
with all its thousands of years of cultural heritage and Vedic heritage, has
not been able to assure to its people even a pretence of the preamble’s
grand undertaking of justice, liberty, equality and fraternity to every citizen”.
On March, 29,1931, the Indian National Congress at Karachi adopted the
famous resolution on “Fundamental rights and social change which offered
the future constitution of free India providing for classical freedoms and
equality, non-discrimination, religious neutrality of the state, adult suffrage
as well as right to free primary education, living wages for workers and
healthy conditions of work, freedom from sufferings, prohibition of child
labour and social security system for old age, sickness and unemployment.
Pandit Nehru said that - “I trust that the constitution itself will lead us to
real freedom that we have clamoured for and real freedom in turn will bring
food to our starving people, clothing for them, housing for them and all
manners of opportunities of progress.” The Human Rights violations are
on the increase in India, inspite of various safeguards, constitutional
provisions, independent Human Rights Commission and separate
Commissions dealing with promotion and protection of human rights of
scheduled castes, tribes, Women, minorities etc. This has dealt a severe
blow to India’s position in the Community of nations. We have to look
forward and build such an environment where people will be given their
due dignity and respect and where occurrence of human rights violations
can be kept under control.
______________________