Download as pdf or txt
Download as pdf or txt
You are on page 1of 15

Preliminary Examination

Class: S.Y.B. Tech in CSE Sem: V Max Marks: 60


Subject: Basic Human Rights Subject Code: BTHM403

Instructions: Solve any five questions.


Q. No Questions Marks CO BL
1 a) Discuss the evolution of human rights in terms of socio-political 06 CO1 L1
and intellectual movements. 06 L2
ANS:-
The evolution of human rights can be traced back to various socio-political
and intellectual movements throughout history. These movements have
contributed to the development and recognition of human rights as
fundamental and universal principles. Here is a brief overview of some key
movements that have shaped the evolution of human rights:

1. Ancient Civilizations: Ideas of justice, fairness, and respect for basic rights
can be traced back to ancient civilizations such as Mesopotamia, Egypt,
Greece, and Rome. Legal codes, such as Hammurabi's Code in Mesopotamia
and the Twelve Tables in Rome, established principles of justice and fairness
in societies.
2. Enlightenment: The Enlightenment period in the 17th and 18th centuries
played a significant role in shaping modern human rights discourse. Thinkers
such as John Locke, Jean-Jacques Rousseau, and Thomas Paine put forth ideas
of natural rights, social contract theory, and the inherent dignity and equality
of all individuals. These ideas laid the foundation for the recognition of
individual rights and limitations on state power.
3. American and French Revolutions: The American Revolution (1775-1783)
and the French Revolution (1789-1799) brought forth major political changes
and emphasized the importance of individual rights. Documents like the
American Declaration of Independence and the French Declaration of the
Rights of Man and of the Citizen articulated principles of liberty, equality, and
popular sovereignty.
4. Abolitionist Movement: The 19th-century abolitionist movement fought
against the institution of slavery, advocating for the recognition of the inherent
rights and dignity of enslaved individuals. The movement led to the abolition
of slavery in various countries and contributed to the development of human
rights principles.
5. Women's Suffrage Movement: The women's suffrage movement, which
gained momentum in the late 19th and early 20th centuries, fought for
women's right to vote and gender equality. The movement challenged
patriarchal norms, advocating for equal rights, opportunities, and legal
protections for women.
6. Anti-Colonial Movements: Anti-colonial movements in the 20th century,
particularly in Africa, Asia, and the Americas, sought to end colonial rule and
secure self-determination. These movements highlighted the right to freedom,
independence, and equality for colonized peoples, contributing to the
recognition of collective rights and the right to self-determination.
7. Humanitarian and International Efforts: The aftermath of World War II and
the Holocaust led to a renewed commitment to human rights. The Universal
Declaration of Human Rights (UDHR) was adopted by the United Nations in
1948, providing a comprehensive framework for human rights principles and
standards. International organizations, such as the United Nations and its
specialized agencies, have played a crucial role in promoting and protecting
human rights globally.
8. Civil Rights and Social Justice Movements: Civil rights movements, such as
the African-American civil rights movement in the United States and the anti-
apartheid movement in South Africa, have fought against racial discrimination
and segregation. These movements have advanced the principles of equality,
non-discrimination, and social justice.
9. Contemporary Movements: Contemporary movements continue to shape the
evolution of human rights. Movements advocating for LGBTQ+ rights,
indigenous rights, refugee rights, gender equality, and environmental justice
highlight evolving human rights concerns and expand the scope of rights
protections.
These socio-political and intellectual movements have contributed to the
development and recognition of human rights principles over time. They have
challenged oppressive systems, called for equality, and emphasized the
importance of individual dignity, liberty, and justice. The evolution of human
rights is an ongoing process as societies strive to address new challenges and
advance the realization of human rights for all.

b) Categorize human rights and identify human duties.


ANS:-
Human rights can be categorized into three main groups: civil and political
rights, economic, social, and cultural rights, and collective or solidarity rights.
These categories help in understanding the different aspects of human rights
and the areas they cover. Here's a breakdown of each category:

1. Civil and Political Rights: Civil and political rights pertain to the rights and
freedoms that protect individuals' autonomy, liberty, and participation in
public life. They include:
- Right to life, liberty, and security of person
- Freedom of expression, assembly, and association
- Right to a fair trial and due process
- Freedom of thought, conscience, and religion
- Right to vote and participate in the political process
- Freedom from torture, cruel, inhuman, or degrading treatment or
punishment
- Right to privacy and protection of personal data
2. Economic, Social, and Cultural Rights: Economic, social, and cultural rights
encompass the rights related to social and economic well-being, including
access to basic needs, education, healthcare, and cultural participation. They
include:
- Right to work and just and favorable conditions of work
- Right to education, including free and compulsory primary education
- Right to adequate housing and standard of living
- Right to healthcare and access to essential medicines
- Right to food and clean water
- Right to social security and an adequate standard of living
- Right to enjoy and participate in cultural life

3. Collective or Solidarity Rights: Collective or solidarity rights recognize the


rights of groups and communities as a whole. They focus on the rights of
indigenous peoples, minorities, and marginalized groups. These rights include:
- Right to self-determination and autonomy for indigenous peoples
- Right to cultural, linguistic, and religious identity
- Right to development and participation in decision-making processes
- Right to land and resources for indigenous peoples and local communities
- Right to non-discrimination and equal treatment for minorities and
marginalized groups
Regarding human duties, while the concept of human duties is not as well-
defined and legally binding as human rights, there are certain ethical and
moral responsibilities that individuals have towards society and fellow human
beings. These duties may include:
- Respecting the rights and dignity of others
- Promoting social harmony and inclusivity
- Contributing to the welfare and well-being of others
- Upholding principles of fairness, justice, and non-discrimination
- Respecting and preserving the environment for future generations
- Participating actively in civic life and democratic processes
- Supporting and respecting the rule of law and institutions that protect human
rights
- Promoting and practicing empathy, compassion, and tolerance towards others
Human duties are often intertwined with human rights, as the exercise of rights
carries responsibilities and considerations for the well-being of others and the
collective good of society. They form the basis for individuals to act in a
manner that respects and upholds human rights for all.

2 a) Evaluate the socio-economic programmes implemented to 06 CO2 L2


establish freedom and equality and justice after independence in 06
India.
ANS:-
After gaining independence in 1947, India embarked on a journey to establish
freedom, equality, and justice through various socio-economic programs.
These programs aimed to address historical injustices, uplift marginalized
sections of society, and promote inclusive development. Here is an evaluation
of some key socio-economic programs implemented in India to establish
freedom, equality, and justice:
1. Land Reforms: Land reform programs were initiated to address land
inequalities and provide access to land for the landless and marginalized
communities. These programs aimed to distribute land more equitably, abolish
feudal practices, and empower agricultural laborers and small farmers. While
progress has been made, challenges remain in implementing land reforms
effectively and ensuring land rights for vulnerable populations.
2. Reservation Policies: Affirmative action policies, known as reservation
policies, were implemented to address historical social and economic
disparities and promote equality. These policies reserve a certain percentage of
government jobs, educational seats, and political representation for socially
and economically disadvantaged groups, such as Scheduled Castes (SCs),
Scheduled Tribes (STs), and Other Backward Classes (OBCs). Reservation
policies have contributed to increased representation and opportunities for
marginalized communities, but there is an ongoing debate regarding their
effectiveness and potential unintended consequences.
3. Poverty Alleviation Programs: India has implemented various poverty
alleviation programs, such as the Mahatma Gandhi National Rural
Employment Guarantee Act (MGNREGA), the National Rural Livelihood
Mission (NRLM), and the Pradhan Mantri Awas Yojana (PMAY), among
others. These programs aim to provide employment, improve livelihoods, and
ensure access to basic services for the poor. While these initiatives have had
some positive impact, challenges persist in terms of proper implementation,
targeting, and reaching the most vulnerable populations.
4. Education Initiatives: Several education initiatives have been implemented
to promote access to quality education and bridge educational disparities.
Programs such as Sarva Shiksha Abhiyan (SSA), Mid-Day Meal Scheme, and
Right to Education Act (RTE) have focused on increasing enrollment,
reducing dropout rates, improving infrastructure, and ensuring free and
compulsory education for all children. These initiatives have contributed to
improved educational outcomes, although challenges such as quality of
education and equitable access still need to be addressed.
5. Health and Social Welfare Schemes: India has implemented various health
and social welfare schemes, such as the National Health Mission (NHM),
Ayushman Bharat, and Integrated Child Development Services (ICDS). These
programs aim to improve access to healthcare, reduce maternal and child
mortality, provide social security, and address nutritional deficiencies. While
progress has been made, there are persistent challenges in terms of healthcare
infrastructure, quality of services, and reaching underserved populations.
6. Women Empowerment and Gender Equality: Initiatives such as the Beti
Bachao Beti Padhao (Save the Girl Child, Educate the Girl Child) campaign,
the National Rural Livelihood Mission (NRLM), and the Protection of Women
from Domestic Violence Act (PWDVA) have focused on promoting gender
equality, empowering women, and addressing violence against women. While
progress has been made, gender disparities and issues of safety and security
for women persist, highlighting the need for sustained efforts in this area.
It is important to note that the evaluation of these programs is nuanced, and
their impact varies across regions and social groups. While significant strides
have been made in many areas, challenges related to implementation,
governance, corruption, and reaching the most vulnerable populations persist.
Continual evaluation, improvement, and inclusive participation are essential to
ensure that these socio-economic programs effectively establish freedom,
equality, and justice for all citizens in India.

b) State the interrelationship between society, religion and culture


and define these terms.
ANS:-
Society, religion, and culture are interconnected and influence each other in
various ways. Here's an explanation of each term and their interrelationship:

1. Society: Society refers to a group of individuals who share a common


geographic territory, interact with one another, and form social relationships
and institutions. It encompasses the collective organization, norms, values,
customs, and practices that guide social behavior within a particular group.
Society is characterized by social interactions, relationships, and the
establishment of social structures such as families, communities, and
organizations.
2. Religion: Religion refers to a system of beliefs, practices, rituals, and values
that center around the existence of a higher power or powers, spirituality, and
moral principles. Religions often have sacred texts, doctrines, and rituals that
guide the faith and practices of their adherents. Religion plays a significant
role in shaping individual and collective identities, providing moral and ethical
frameworks, and influencing social behavior and values.

3. Culture: Culture encompasses the shared beliefs, values, customs, traditions,


language, arts, and artifacts that characterize a particular group or society. It
includes the knowledge, norms, behaviors, and symbols that are transmitted
from one generation to another. Culture shapes the way people perceive the
world, interact with one another, and express themselves. It is a dynamic and
evolving aspect of society that influences individual and collective identities,
social norms, and patterns of behavior.
The interrelationship between society, religion, and culture can be seen in the
following ways:
1. Influence of Religion on Society and Culture: Religion often plays a central
role in shaping societal values, moral principles, and cultural practices. It
provides a framework for social order, ethical behavior, and community
cohesion. Religious beliefs and rituals influence cultural expressions, such as
art, music, architecture, and literature. They also contribute to the formation of
social norms, gender roles, and ethical standards within a society.
2. Impact of Society on Religion and Culture: Society, with its social, political,
and economic dynamics, can influence religious beliefs, practices, and cultural
expressions. Social changes, scientific advancements, and globalization can
lead to reinterpretations of religious doctrines and traditions. Societal norms
and values shape cultural practices, language, and artistic expressions. Society
can also influence the acceptance or rejection of certain religious beliefs or
cultural practices.
3. Cultural Diversity and Religious Pluralism: Society's cultural diversity and
religious pluralism contribute to the richness and complexity of social
interactions and cultural expressions. Different religious and cultural groups
coexist within a society, often influencing one another through intercultural
exchanges, dialogue, and mutual understanding. This diversity fosters a
pluralistic society where individuals can practice their religious beliefs and
celebrate their cultural heritage while respecting and appreciating the diversity
of others.
4. Social Cohesion and Identity: Religion and culture play a significant role in
shaping individual and collective identities within a society. They provide a
sense of belonging, values, and meaning to people's lives. Shared religious
beliefs, cultural practices, and traditions strengthen social bonds and foster
social cohesion within communities and societies.
It's important to note that the interrelationship between society, religion, and
culture can vary across different societies, regions, and historical contexts.
While these terms are distinct, they are intertwined and influence one another
in shaping individuals, communities, and the broader social fabric.

3 a) Describe the constitutional rights of migrant workers and their 06 CO3 L2


violations in India 06 L3
ANS:-
Migrant workers in India are entitled to several constitutional rights, although
their effective realization can sometimes face challenges. Here are the
constitutional rights of migrant workers and some common violations they
may encounter:
1. Right to Equality (Article 14): Migrant workers have the right to be treated
equally and without discrimination. However, they often face discrimination in
terms of wages, working conditions, access to social services, and housing.
2. Right to Freedom of Movement (Article 19): Migrant workers have the right
to move freely within the country in search of better employment
opportunities. However, they may face restrictions, such as bonded labor or
contractual obligations, which limit their freedom of movement.

3. Right to Life and Personal Liberty (Article 21): Migrant workers have the
right to life and personal liberty, which includes protection from exploitation,
forced labor, and inhumane working conditions. Violations of these rights
occur when migrant workers are subjected to unfair labor practices, unsafe
working conditions, and non-payment or delayed payment of wages.
4. Right to Equality of Opportunity in Public Employment (Article 16):
Migrant workers have the right to equal opportunity in public employment.
However, they may face barriers and exclusion when it comes to government
jobs, as preference is often given to local residents.
5. Right to Social Security (Article 41): Migrant workers are entitled to social
security benefits, including access to healthcare, housing, and other welfare
schemes. However, due to their temporary and informal employment status,
they often face challenges in accessing these benefits.
6. Right to Education (Article 21A): Children of migrant workers have the
right to free and compulsory education. However, they often face barriers in
accessing quality education due to their mobility, language barriers, and lack
of proper infrastructure in areas where they migrate.
Common violations of constitutional rights experienced by migrant workers in
India include:

1. Exploitative Working Conditions: Migrant workers often face exploitative


working conditions, including long hours, low wages, lack of social security
benefits, and inadequate safety measures.
2. Forced Labor and Bonded Labor: Migrant workers may be subjected to
forced labor or bonded labor, where they are trapped in situations of debt
bondage and forced to work under exploitative conditions.
3. Discrimination and Stigmatization: Migrant workers may face
discrimination based on their place of origin, language, or ethnicity. They may
also face stigmatization, which hampers their integration and access to basic
services.
4. Lack of Access to Justice: Migrant workers often face difficulties in
accessing justice due to limited knowledge of legal procedures, language
barriers, and a lack of awareness about their rights.
5. Inadequate Housing and Living Conditions: Migrant workers frequently live
in overcrowded and unhygienic living conditions, lacking basic amenities such
as clean water, sanitation facilities, and access to healthcare.
Efforts are being made to address these violations and protect the rights of
migrant workers. Measures such as the Inter-State Migrant Workmen
(Regulation of Employment and Conditions of Service) Act, 1979, and various
labor welfare schemes have been implemented to safeguard their rights.
However, there is a need for continued advocacy, policy reforms, and effective
implementation to ensure the full protection and realization of constitutional
rights for migrant workers in India.

b) What are the rights of mentally and physically challenged


people at national and international level?
ANS:-
The rights of mentally and physically challenged people are protected at both
national and international levels. These rights ensure equal opportunities, non-
discrimination, and the inclusion of persons with disabilities in all aspects of
life. Here are the key rights of mentally and physically challenged people at
the national and international level:

National Level:
1. Right to Equality: Mentally and physically challenged people have the right
to equal treatment and non-discrimination under national laws. They should
not face discrimination based on their disability in any aspect of life, including
employment, education, healthcare, and access to public services.
2. Right to Education: Mentally and physically challenged individuals have the
right to inclusive and quality education. National laws often emphasize the
provision of reasonable accommodations, specialized support, and accessible
educational environments to ensure their full participation and equal
opportunities in education.
3. Right to Health: People with disabilities have the right to the highest
attainable standard of physical and mental health. National laws may focus on
providing accessible healthcare services, rehabilitation, and necessary assistive
devices to support their health and well-being.
4. Right to Employment: Mentally and physically challenged individuals have
the right to work and earn a living on an equal basis with others. National laws
promote equal employment opportunities, reasonable accommodations, and
the elimination of discrimination in the workplace.
5. Right to Accessibility: Persons with disabilities have the right to access the
physical environment, transportation, information, and communication.
National laws often require the removal of barriers and the promotion of
accessible infrastructure, technologies, and services to ensure their full
participation in society.
International Level:
1. Convention on the Rights of Persons with Disabilities (CRPD): The CRPD,
adopted by the United Nations in 2006, is an international treaty that sets out
the rights and protections for persons with disabilities. It covers a wide range
of rights, including equality, accessibility, education, employment, health, and
participation in political and public life.
2. Universal Declaration of Human Rights (UDHR): The UDHR, a
foundational document adopted by the United Nations in 1948, recognizes the
equal and inalienable rights of all individuals, including those with disabilities.
It serves as a guiding principle for the protection of human rights, including
the rights of mentally and physically challenged people.
3. International Covenant on Economic, Social and Cultural Rights (ICESCR):
The ICESCR guarantees the right to education, health, work, and social
security, among other rights, for all individuals, including those with
disabilities. It emphasizes the importance of non-discrimination and equal
opportunities in these areas.
4. International Covenant on Civil and Political Rights (ICCPR): The ICCPR
protects civil and political rights for all individuals, without discrimination. It
includes provisions that safeguard the rights of mentally and physically
challenged people to equality, privacy, liberty, and access to justice.
These international and national rights frameworks provide a foundation for
the protection and promotion of the rights of mentally and physically
challenged people, aiming to ensure their full inclusion, dignity, and equal
opportunities in all aspects of life. Efforts are ongoing at both levels to
promote awareness, advocate for policy changes, and improve the
implementation of these rights to enhance the lives of individuals with
disabilities.

4 a) What are the fundamental rights incarnated in Indian 06 CO4 L2


Constitution?
ANS:- 06
The Indian Constitution guarantees several fundamental rights to its citizens.
These rights are enshrined in Part III (Articles 12 to 35) of the Indian
Constitution and are regarded as fundamental and inviolable. Here are the
fundamental rights embodied in the Indian Constitution:

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


- Equality before the law (Article 14)
- Prohibition of discrimination on grounds of religion, race, caste, sex, or
place of birth (Article 15)
- Equality of opportunity in public employment (Article 16)
- Abolition of untouchability (Article 17)
- Abolition of titles (Article 18)
2. Right to Freedom (Articles 19-22):
- Freedom of speech and expression (Article 19(1)(a))
- Freedom to assemble peacefully and without arms (Article 19(1)(b))
- Freedom to form associations or unions (Article 19(1)(c))
- Freedom to move freely throughout India (Article 19(1)(d))
- Freedom to reside and settle in any part of India (Article 19(1)(e))
- Freedom to practice any profession, occupation, trade, or business (Article
19(1)(g))
- Protection in respect of conviction for offenses (Article 20)
- Protection of life and personal liberty (Article 21)
- Protection against arrest and detention in certain cases (Article 22)
3. Right against Exploitation (Articles 23-24):
- Prohibition of trafficking in human beings and forced labor (Article 23)
- Prohibition of employment of children in hazardous conditions (Article 24)
4. Right to Freedom of Religion (Articles 25-28):
- Freedom of conscience and free profession, practice, and propagation of
religion (Article 25)
- Freedom to manage religious affairs (Article 26)
- Freedom from paying taxes for promotion of any particular religion
(Article 27)
- Freedom from attending religious instruction or worship in certain
educational institutions (Article 28)
5. Cultural and Educational Rights (Articles 29-30):
- Protection of interests of minorities in matters of language, script, and
culture (Article 29)
- Right of minorities to establish and administer educational institutions
(Article 30)
6. Right to Constitutional Remedies (Article 32):
- Right to move the Supreme Court for the enforcement of fundamental
rights

These fundamental rights ensure the protection and promotion of individual


liberties, equality, freedom of expression, cultural preservation, and access to
justice for Indian citizens. They form the cornerstone of the Indian democracy,
aiming to establish an inclusive and just society where every citizen is
guaranteed basic rights and freedoms.

b) Evaluate the significance of Preamble of Indian Constitution.


ANS:-
The Preamble of the Indian Constitution holds immense significance as it lays
down the fundamental principles and objectives that guide the entire
constitutional framework. Here's an evaluation of the significance of the
Preamble:

1. Statement of Objectives: The Preamble serves as a concise statement of the


objectives and goals that the Indian Constitution seeks to achieve. It declares
India to be a sovereign, socialist, secular, and democratic republic committed
to justice, equality, liberty, and fraternity. It provides a vision and direction for
the governance and functioning of the country.
2. Reflects the Aspirations of the People: The Preamble reflects the collective
aspirations and values of the Indian people. It embodies the ideals of justice,
equality, and liberty that were the driving force behind India's struggle for
independence. The Preamble reaffirms the commitment to building a just and
inclusive society, where every citizen is treated with dignity and enjoys equal
rights and opportunities.
3. Constitutional Interpretation: The Preamble has been recognized by the
courts as an important interpretative tool in understanding the spirit and intent
of the Constitution. It provides valuable insights into the principles and
philosophy that underpin the constitutional provisions. The courts have often
referred to the Preamble while interpreting the fundamental rights and other
constitutional provisions.
4. Source of Inspiration for Legislation: The Preamble serves as a source of
inspiration for legislative measures and policy-making. It guides lawmakers in
formulating laws that align with the constitutional values and principles. The
Preamble acts as a reference point for ensuring that laws and policies are in
line with the fundamental objectives of the Constitution.
5. Symbol of National Identity: The Preamble represents the foundational
values and principles that define the identity of India as a nation. It
encapsulates the aspirations of a diverse and pluralistic society and reinforces
the unity and integrity of the nation. The Preamble serves as a symbol of
national identity and provides a sense of pride and belonging to the citizens.
6. Reflects Constitutional Sovereignty: The Preamble emphasizes the
sovereignty of the people, who are the ultimate source of authority in a
democratic republic. It affirms that power rests with the citizens and
establishes their supremacy. The Preamble reinforces the principles of popular
sovereignty and democratic governance.
Overall, the Preamble of the Indian Constitution holds immense significance
as it sets out the guiding principles, objectives, and values of the Constitution.
It acts as a moral compass and serves as a reminder of the nation's
foundational ideals. The Preamble's importance lies in its role in shaping the
interpretation, implementation, and evolution of the constitutional framework,
ensuring that the governance and functioning of India align with the values
enshrined in the Constitution.

5 a) Compare and contrast human rights in Universal declaration and 06 CO5 L2


in Indian fundamental rights in Indian constitution. 06
ANS:-
The Universal Declaration of Human Rights (UDHR) and the fundamental
rights enshrined in the Indian Constitution share a common objective of
protecting and promoting human rights. While both documents aim to
safeguard the dignity and well-being of individuals, there are some similarities
and differences between them. Let's compare and contrast human rights in the
UDHR and the Indian Constitution's fundamental rights:
Similarities:
1. Universal Application: Both the UDHR and the Indian Constitution's
fundamental rights uphold the universality of human rights. They apply to all
individuals, regardless of nationality, race, religion, gender, or any other
status.
2. Protection of Civil and Political Rights: Both documents recognize and
protect civil and political rights such as the right to life, liberty, equality,
freedom of expression, assembly, and the right to a fair trial. These rights
ensure individual freedoms, non-discrimination, and due process.
3. Protection against Torture and Cruel Treatment: Both the UDHR and the
Indian Constitution prohibit torture, cruel, inhuman, or degrading treatment or
punishment, emphasizing the importance of protecting individuals from such
practices.
4. Right to Freedom of Religion and Conscience: Both documents guarantee
the right to freedom of religion, allowing individuals to choose, practice, and
manifest their religion or belief freely.

Differences:
1. Legal Enforceability: The UDHR is a non-binding declaration adopted by
the United Nations General Assembly. It sets out the principles and standards
for human rights but does not have the force of law. In contrast, the
fundamental rights in the Indian Constitution are legally enforceable, and
individuals can approach courts to seek remedies in case of violations.
2. Socio-economic Rights: The Indian Constitution's fundamental rights
include socio-economic rights such as the right to education, right to work,
right to health, and the right to a clean environment. These rights recognize the
importance of ensuring social and economic justice and address inequalities.
The UDHR, while affirming the importance of socio-economic well-being,
does not explicitly include these rights.
3. Reservation Policies: The Indian Constitution provides for affirmative
action through reservation policies, aiming to address historical social and
economic disparities. These policies reserve a certain percentage of seats and
employment opportunities for disadvantaged groups. The UDHR does not
explicitly address reservation policies.
4. Right against Untouchability: The Indian Constitution includes the right
against untouchability as a fundamental right (Article 17), specifically
addressing the historical practice of social discrimination based on caste. The
UDHR does not specifically mention untouchability.
While the UDHR sets out universal principles of human rights, the Indian
Constitution's fundamental rights reflect the specific needs and socio-political
context of India. The Indian Constitution expands upon the UDHR by
including additional rights and addressing historical injustices. Both
documents contribute to the protection and promotion of human rights, albeit
with some variations in scope and legal enforceability.

b) How are human rights defined in the Protection of Human


Rights Act, 1993?
ANS:-
The Protection of Human Rights Act, 1993, is an Indian legislation that
provides for the establishment of the National Human Rights Commission
(NHRC) and State Human Rights Commissions (SHRCs) to protect and
promote human rights in the country. While the Act does not explicitly define
human rights, it broadly refers to human rights through its provisions. Here is
an overview of how human rights are understood and addressed in the
Protection of Human Rights Act, 1993:
1. Purpose and Functions of the NHRC and SHRCs: The Act mandates the
NHRC and SHRCs to inquire into human rights violations, promote human
rights literacy and awareness, encourage efforts to protect human rights, and
undertake necessary steps for their effective implementation. The Act
acknowledges the significance of human rights and establishes institutions to
safeguard them.

2. Powers of the NHRC and SHRCs: The Act empowers the NHRC and
SHRCs to investigate complaints of human rights violations, intervene in legal
proceedings, visit places of detention, review and recommend measures for the
improvement of human rights situations, and inquire into violations by armed
forces personnel. These powers demonstrate the Act's focus on protecting and
upholding human rights.
3. Expanding the Scope of Human Rights: The Act recognizes that human
rights extend beyond civil and political rights and encompass economic,
social, and cultural rights. It enables the NHRC and SHRCs to examine
violations of all human rights, including those related to socio-economic
conditions, labor rights, environmental issues, and issues faced by vulnerable
groups.
4. Complaint Mechanism: The Act establishes a complaint mechanism through
which individuals or groups can approach the NHRC or SHRCs to seek
redress for human rights violations. This mechanism provides a platform for
victims or those acting on their behalf to seek justice, compensation, and
remedial measures.
While the Protection of Human Rights Act, 1993, does not explicitly define
human rights, it establishes institutions and mechanisms to protect and
promote human rights in India. It recognizes the comprehensive nature of
human rights, empowering the NHRC and SHRCs to address violations across
various spheres of life. The Act underscores the importance of promoting
human rights awareness, investigation of violations, and taking necessary
measures to uphold and enforce human rights principles.

6 a) Write a note on constitutional values & features of Indian 06 CO6 L2


Constitution. 06
ANS:-
The Indian Constitution is known for its rich set of constitutional values and
distinctive features that shape the country's democratic governance. Here's a
note on the constitutional values and features of the Indian Constitution:
1. Justice: The Indian Constitution emphasizes social, economic, and political
justice. It aims to create a just society by ensuring equal opportunities,
protecting marginalized sections, and addressing historical inequalities.
2. Liberty: The Constitution guarantees fundamental freedoms and individual
liberties. It upholds freedom of speech and expression, freedom of religion,
freedom of assembly, and other civil liberties, allowing individuals to exercise
their rights without undue interference.
3. Equality: The principle of equality is a core value of the Indian Constitution.
It promotes equality before the law and prohibits discrimination on the
grounds of religion, race, caste, sex, or place of birth. The Constitution strives
for a society where all citizens are treated with dignity and have equal
opportunities.
4. Fraternity: The Constitution promotes the spirit of brotherhood and ensures
the unity and integrity of the nation. It encourages a sense of common identity
and shared responsibility among diverse communities and fosters social
harmony.
5. Sovereignty: The Constitution establishes India as a sovereign nation, where
power resides with the people. It enshrines the principle of popular
sovereignty, recognizing the ultimate authority of the citizens in the
governance and decision-making processes.
6. Secularism: The Indian Constitution embraces secularism, maintaining a
separation of religion and state. It guarantees freedom of religion and ensures
equal treatment of all religions. The state remains neutral and does not favor
any particular religion.
7. Federalism: The Indian Constitution provides for a federal system of
government. It establishes a distribution of powers between the central
government and the state governments, with a division of legislative,
executive, and financial powers. It promotes cooperative federalism, where
both levels of government work together for the common good.
8. Fundamental Rights: The Constitution enshrines fundamental rights that
protect the individual liberties and freedoms of citizens. These include the
right to equality, right to freedom, right against exploitation, right to freedom
of religion, and right to constitutional remedies.
9. Directive Principles of State Policy: The Constitution includes directive
principles of state policy that guide the government in formulating policies and
laws to promote social justice, economic welfare, and inclusive development.
Though not legally enforceable, these principles serve as guiding principles for
governance.
10. Independent Judiciary: The Constitution establishes an independent
judiciary as a cornerstone of the Indian democratic system. The judiciary acts
as the guardian of the Constitution, ensuring the protection of fundamental
rights and upholding the rule of law.
These constitutional values and features form the foundation of the Indian
Constitution and shape the country's democratic principles, governance, and
the rights and responsibilities of its citizens. They reflect the aspirations of a
diverse and pluralistic society, aiming to create a just, inclusive, and
egalitarian society for all.

b) Explain in brief UDHR & write down the articles of the same.
ANS:-
The Universal Declaration of Human Rights (UDHR) is a milestone document
in the history of human rights. It was adopted by the United Nations General
Assembly on December 10, 1948, and serves as a global standard for the
promotion and protection of human rights. The UDHR proclaims the
fundamental rights and freedoms that are inherent to all individuals, regardless
of their nationality, race, religion, or any other status. It consists of 30 articles
that outline the rights and principles that every person is entitled to. Here are
the articles of the UDHR:
Preamble:
The Preamble sets out the underlying principles and aspirations of the UDHR,
emphasizing the inherent dignity and equal rights of all members of the human
family.
Articles:
1. Right to equality and non-discrimination
2. Right to freedom from discrimination based on race, color, sex, language,
religion, political or other opinion, national or social origin, property, birth, or
other status
3. Right to life, liberty, and security of person
4. Prohibition of slavery and forced labor
5. Prohibition of torture, cruel, inhuman, or degrading treatment or punishment
6. Right to recognition as a person before the law
7. Right to equality before the law and equal protection of the law
8. Right to effective remedy for violations of rights
9. Prohibition of arbitrary arrest, detention, or exile
10. Right to a fair and public hearing by an independent and impartial tribunal
11. Right to be presumed innocent until proven guilty
12. Right to privacy and protection of the family, home, and correspondence
13. Right to freedom of movement and residence within borders
14. Right to seek asylum from persecution in other countries
15. Right to nationality and not to be arbitrarily deprived of nationality
16. Right to marriage and family life
17. Right to own property and not to be arbitrarily deprived of property
18. Freedom of thought, conscience, and religion
19. Freedom of opinion and expression
20. Right to peaceful assembly and association
21. Right to participate in the government of one's country
22. Right to social security and economic rights
23. Right to work, just and favorable conditions of work, and protection
against unemployment
24. Right to rest and leisure, including reasonable working hours and paid
holidays
25. Right to a standard of living adequate for health and well-being, including
food, clothing, housing, and medical care
26. Right to education
27. Right to participate in cultural life and enjoy the benefits of scientific
progress
28. Right to a social and international order in which the rights and freedoms
set forth in the UDHR can be fully realized
29. Duties and responsibilities in the exercise of rights
30. Freedom from interference in the enjoyment of rights and freedoms

The UDHR has been instrumental in shaping subsequent international human


rights treaties and serves as a guiding document for the protection and
promotion of human rights worldwide. It recognizes the inherent dignity and
worth of every individual and emphasizes the importance of equality, freedom,
and justice for all.

You might also like