CHAPTER 4

International Covenants in protecting Human Rights

4.1 Introduction
In this chapter an attempt has been carried to study various international
conventions/ treaties which protects Human Rights and Terrorism at international
level. The purpose behind studying this chapter is to collect the knowledge as what
are the different human rights available at world wide and what steps have been
taken by various states in protecting human rights at their state level.
Further this chapter also tries to study different laws available on human rights
and terrorism in India and how court has taken steps in protected human rights and
countering terrorism in India.

4.2 Concept of Natural Right

Every legal system which guarantees certain safeguards to the accused
person at various stages of criminal process to that there is protection of his life
liberty and property against unjust deprivation by Law enforcement officials. The
safeguards which define by the Law itself the Laws are of two kinds in the form of
substantive Laws and in form of procedural which define the procedure. The
common Law of England had the credit of originating these safeguards in the system
of Criminal justice. In the English bill of rights American declaration of independence
the bill of rights in America the French declaration of rights of man andcitizen
sprouted from the concept of universal Human Right. The Constitution adopted these
safeguards in the provision of the Constitution. Another Landmark event in the
evolution of safeguards to the individual was through action of the international
organization. The edifice of the United Nations is founded on the need to preserve
global peace and guarantee’s human rights worldwide. So it is so worthwhile
inquiring into the vintage ideas and ideology and genetics of human rights
parenthetically and historically but briefly before examining the anatomy of the
United Nations. After the First World War the League of Nations was set up this
took the various step of formulating a few conventions on the rights of the
individuals. When the U.N. Organisation was formed and there after the Second
World War thanks to the action of this United Nation and its agencies related to the
concept of human right United Nation protracted deliberations and mutual
negotiations led to the inception of the United Nations Organisation in1945. These
UN ashes of League of Nations League’s failure to avert the war and promote the
cause of peace Conviction of people all over the world. President Franklin D.
Roosevelt was found this name United Nations during the war when representatives
of 16 nations pledged their government to fighting together against the Axis powers.
Thus the Preamble indicates that the Charter of United Nations is the result of
the experience of a devastating war and that it holds out hope of a lasting peace
based on recognition of sovereign equality of all states and on better conditions for
the millions who have victim of oppression and exploitation.
The charter of the United Nations has recognized the anxieties of modern
man and has laid great stress on the importance of international coordination for the
promotion of the economic and social welfare of the people of the world.
The United Nations Charter vested the task of promoting respect for human rights in
the General Assembly and under the authority of the General Assembly in the
Economic and Social Council. Since the Charter came into force many instruments
have adopted in the field of human rights.

4.3 Important International Conventions on Human Rights

International Conference on Human Rights or Tehran Conference (22 April to
13 May, 1968)
The first global conference on human rights was held at Tehran (Iran) from 22
April to 13 May,1968. The first world conference was held in connection with the
observance of the International Year for Human Rights and marks the Twentieth
Anniversary of the Universal Declaration of Human rights.
The Conference adopted the Proclamation of Tehran and 26 resolutions.
These resolutions and the general principles set out in the Nations in the field of
human rights. The Proclamation stressed the indivisibility of human rights and
fundamental freedoms and made it clear that the enjoyment of economic social and
cultural rights is necessary for the full realization of civil and political rights. Later on
this indivisibility was affirmed in the Vienna Conference on Human Rights, 1993.
World Conference on Human Rights Vienna (14 to 25 June, 1993) or Vienna
Conference
The World Conference on Human Rights was held at Vienna from 14th to 25th June,
1993. Convention on the Prevention and Punishment of the Crime of Genocide
The acts of genocide committed during the Second World War shocked the whole
mankind so much so that the General Assembly in its first meeting affirmed the
principles enunciated in Nuremberg Judgement.Besides this in its resolution 96(1)
dated December 11, 1946, the General Assembly declared that genocide is a crime
under international law contrary to the spirit and aims of the United Nations and
condemned by the civilized world.

Conventions Relating to International Humanitarian Laws of War

After the establishment of the U.N. human rights have been the most
important subject of international law. The need for application of human rights was
felt in peace as well as in war or armed conflicts. Rather the need for human rights
was felt more urgent during armed conflicts than during peace. According to one
view since the U.N. Charter has not only outlawed war it has also prohibited the
threat or use of force against the territorial integrity or political independence of any
State.
There is no need to regulate the laws of war. It is also pointed out that it is
because of this reason that after the adoption of the Charter of the U.N. most of the
development of international law has taken in the field of Laws of peace. To a great
extent it is true but to say that there is no need to regulate law of war does not seen
extent it is true but to say that there is no need to regulate law of war does not seem
to be correct.
Even though war has been outlawed and even use of force has been
prohibited yet When a member State of the U.N. in violation of Article 2(4) of the
Charter the State against which armed attack has taken place may resort to
individual or collective selfdefence and may thus resort to war as permissible under
Article 51 of the Charter.
Besides this collective action can be taken by the Security Council with respect to
threats to the peace breaches of peace and acts of aggression as provided under
Chapter VII of the Charter. Moreover a distinction has sought to be made between
war and nonwar armed conflict so as to avoid effects of the laws of war. The
examples of Korean Conflict from 1950 to 1953 IndoChina war Congo Conflict of
1960 to 1963 and IndoPak conflict of 1965 may be cited as examples in this
connection.

4.4 American Convention On Human Rights (1969)

The Bogota Charter of the Organisation of American States (OAS) the
American Counterpart of the Council of Europe was adopted by the Ninth
InterAmerican Conference in 1948. Besides establishing new institutions of the OAS
the 1948 Bogota Conference also adopted the American Declarations on the Rights
and Duties of Man. It is significant to note that this Declaration was adopted seven
months before the adoption of the Universal Declaration of Human Rights.
The main difference between the American Declaration and the Universal
Declaration is that while the latter contains only rights the former also contains
articles on duties of man. In the American Declaration while twentyeighty articles
proclaim the rights of man eight articles deal with the duties of man.
 As against this of 30 articles of the Universal Declaration only one article
namely Article 29 deals with duties of man. The preamble of the resolution which
embodied the American the initial system of protection suited to the present social
and juidical conditions it also recognized the need to strengthen that system in the
international field as conditions become more favourable.
Five years after the Tenth Conference of the American States the meeting of
the Consultation of the Foreign Ministers decided that keeping in view the progress
achieved at the United Nations and in Europe in respect of the international
protection of human rights action in this field should also be initiated by American
State with this objective in view the meeting of the consultation of the Foreign
Ministers established an InterAmerican Commission on Human Rights and
requested the Judicial Council to prepare draft convention on Human Rights and a
Statute of the Court of Human Rights. The Juidical Council accordingly prepared the
draft convention on human rights.
This draft was considered at the Second Special Inter American Conference
in Rio de Janerio in 1965. Two other drafts the one submitted by Chile and other by
Uruguaywere also considered. The Conference referred these drafts to the Council
of the OAS so that an acceptable draft could be evolved after hearing the view of the
InterCommission of Human Rights.
Meanwhile another important development took place for the InterAmerican
Commission on Human Rights was empowered to receive and consider individual
complaints of violation of certain basic human rights such as, right to life and liberty,
freedom of expression, right to a fair trial, equality before law and freedom of religion.

4.5 The Universal Declaration of Human Right

In this Maneka Gandhi’s Case Justice Bhagawati observe “That the scope of
Art. 21 of our Constitution is too much wide covering right of personal liberty of man.
This liberty covers variety of rights giving status of fundamental rights which are
enshrined in Art.19 of the Constitution which gives extra protection of citizens.
Further in the case of Kharak Singh Vs State of U.P. the question relating to
personal liberty was before the Supreme Court. The Supreme Court gave a wider
definition of the words personal liberty. Court also struck down the regulation 236 (6)
of the U.P. police regulations as violation of Article 21 which was held unauthorized
instruction into one’s residence and held that domiciliary visit by the police during
night wasviolated of right to sleep and comfort included under Article 21 as
fundamental right.
If we see the definition of Human Right seems to be a narrow one for the
reason that the definition of Human Right only relates to the only rights relating to
life, liberty, equality and dignity. But the fundamental Rights of the Constitution of
India are wider and includes not only the above rights but in addition to that also
includes other rights as against the exploitation of children by employee in a factory
Article 23 and 24 of the Constitution.
Similarly the rights of the minority are also mentioned but these rights are not
reflected in Human Rights Therefore the expression given in the definition of Human
Rights to the extent that the rights given under international covenants and
enforceable in the courts in India.
Role of Supreme Court and High Court to Enforce Human Right in India
The term Human Rights covers in its ambit those essential rights defined or
undefined which lead and contribute to the balanced development of Human
individual. The concept of Human Rights in modern times can be traced to Natural
law philosophers who propounded these rights to protect individual against the
excesses of the State. However international concern withHuman Rights as
enshrined in the U.N. Charter is not a modern innovation. For the protection of
Human Right Judiciary is the most important organ of the state to protect the
individual rights. The Supreme Court and the High Court in our country have
exercise of their writ jurisdiction interpreted the fundamental right provided under law
of Constitution with reference to the principle of Human Right law. The Concept of
Human Rights represents an attempt to protect the individual from oppression and
injustices. They provide a human stand of achievement for all the people and all the
nations. These Rights are independent, inalienable and in voidable universal. The
United Nation charter which expressing faith in Fundamental Human Rights in the
dignity and worth of human person in the equal rights of man and woman proposing
to encourage respect for Human Rights and fundamental freedoms for all without
distinction as to race caste, sex, language or religion represents a significance
advancement so far as faith in and respect for Human Rights is concerned. UDHR
declaring that everyone has a Right to life, liberty and security of personal Freedom
from slavery or servitude cruel or inhuman or degrading treatment and arbitrary
arrest and ensuring equality before laws represents the most concrete and universal
texture of Human Rights activism all over the world religions has a special
significance because the instances and occasion for violation and suppression of
Human Rights are numerous due to needs of security unity and integrity and law and
order. It would be to be greater and variety of people and the Ethnicities the greater
shall be the kind of Relations amongst them and simultaneous there shall be greater
number of occasions and instances of conflicts wherein shall be called in the state to
Act as umpire amongst the people. The very beginning Indian system has responded
well to the Human Rights activism all over the world. While framing the Constitution
of India these Human Right provisions which more reflects in the final draft of Indian
Constitution. The following decision given by the judiciary in enforcing fundamental
right with reference to the rights of individual in regard to matters of Criminal justice.
If we talk about the Constitutional right the right to equality the Constitution instituted
equality provided right to freedom of speech and expression peaceful assembly
freedom from arbitrary arrest protection of life and liberty right against exploitation.
The freedom as per the person’s says sense of right or wrong as to professing any
faith and propagate the same and education and cultural rights. It also provided right
which enforceable by direct access to the Highest court of the land i.e. the Supreme
court of India as Article14 Equality before the law and equal protection of law. This
article which is also available to non citizens. The principle of equality however does
not imply that every law must have a universal application for all despite the different
situationpositions and need of persons. The law acknowledges that certain classes
of person require separate treatment. The state is permitted to make reasonable
classification of person that the classification is based upon some real and
substantial distinction bearing a reasonable and just relation to the object sought to
be attained and the classification cannot be made arbitrarily and without any
substantial basis.
Through the UN and its agencies Human right was limited to the concerned
respective state only and varied from state to state. Human right concept has
developed through different stages in history. The primary aim of Human Rights was
to put restrictions upon the authoritarian power of the state. Human Rights not only
protect the rights of an individual but also protect the rights of accused person. Here
in human right the rights of accused defined as sacrosanct. Right of accused means
those basic minimum rights available to a person because he is a member of human
society. These minimum rights ensures that the legislative cannot enact law which
may lead to the degraded of a man as an individual ensures adequate safeguards
against highhandedness and judicial review of execution action. Thus in the interest
of justice and fair play action certain minimum rights to the accused are provided. As
a matter of fact our Laws as Constitution of India substantive and procedural law
such as the Indian Evidence Act 1872, Indian Penal Code 1860, Cr.P.C. 1973 have
made elaborate provisions for safeguard the human rights of accused with view of
giving him the benefit of fair and impartial trial and upholding high dignity of human
being.
Movement of the Human Right in modern period evens the philosophy behind
the Concept of Human Right classification of Human Right. If the position of Human
Right in Indian the concept of natural Law and rule of Law was in existence the
detailed study of ancient Indian history which reveals the position. The detailed study
of ancient Indian history which reveals that Indians and the kings in India was not in
harsh in nature to give imprisonment to the accused though there was the concept of
human right which was already existing in Indian culture and scriptures. Amongst the
whole world if we see Indian people the culture to give good treatment not only to
Indian but also the foreigners. They always donate Food to the beggar or any poor
people in society. The harsh punishment likes to cut limb of an accused theory not
applied in those days. The Manu who define as the King to uphold the laws & much
subjected to law as other person. The king Asoka tenure the torture and in human
treatment were prohibited. In ancient days king personally administer their Kingdom.
Even the same condition existed in medieval and modern period now in Indian
Constitution which guarantees privileges in all spheressocial economic and political
to women of India. The Constitution of Indian which guarantees the rights of the
citizen and the article 20like which also protect the right of accused person. It may
be stated that the crime ratio cannot be eradicated completely but if the state
department of Family planning be assigned the additional responsibility of warning
the public about the evil consequences & consequences of illicit sexindulgence of
mobilizes public opinion against the menace propaganda means no person shall
disturb her peace as and when likes. From above it is clear that this study of human
right from the point of view the rights of victims prisoners juvenile and its effect and
protection given under Indian criminal law and the necessity for the amendment has
defined which is very important for progressive society and Amendment as per
article 368 of the Indian Constitutional Law is needed for the progressive society.