Short Answer

1. Classification of Human Rights

Human rights can be classified into different categories based on their nature and scope.
While there is no universally agreed-upon classification, here is a common framework used
to categorize human rights:

1. Civil and Political Rights: These rights focus on protecting individuals' freedom, equality,
and participation in the political and legal systems. Examples include:
 Right to life, liberty, and security of person
 Freedom of speech, expression, and assembly
 Right to a fair trial
 Freedom from torture, cruel, inhuman, or degrading treatment or punishment
 Right to vote and participate in the political process
 Right to privacy
2. Economic, Social, and Cultural Rights: These rights recognize the importance of social and
economic well-being, including access to essential resources and services. Examples include:
 Right to work and fair labor conditions
 Right to education
 Right to healthcare
 Right to adequate standard of living, including food, clothing, and housing
 Right to cultural, artistic, and scientific participation
3. Collective Rights: These rights are associated with group identities and aim to protect the
rights of specific communities or groups. Examples include:
 Right to self-determination of peoples
 Rights of indigenous peoples
 Rights of minorities
 Right to participate in cultural, religious, or linguistic communities
4. Solidarity Rights: These rights focus on promoting solidarity among individuals and
communities, often aiming to address systemic issues. Examples include:
 Right to development
 Right to a healthy environment
 Right to peace and security
 Right to access and enjoy cultural heritage

2. Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a landmark document adopted by the
United Nations General Assembly on December 10, 1948. It represents the first global
recognition of human rights and serves as a foundation for international human rights law.

The UDHR consists of 30 articles that outline fundamental rights and freedoms to which all
individuals are entitled, regardless of their nationality, race, religion, gender, or any other
status. The declaration is based on the principle that every human being is born free and equal
in dignity and rights.
 Here is a summary of some key articles of the Universal Declaration of Human Rights:

1. Article 1: All human beings are born free and equal in dignity and rights.
2. Article 2: Everyone is entitled to the rights and freedoms set forth in the declaration without
distinction of any kind, such as race, color, sex, language, religion, etc.
3. Article 3: Every individual has the right to life, liberty, and security of person.
4. Article 5: No one shall be subjected to torture, cruel, inhuman, or degrading treatment or
punishment.
5. Article 10: Everyone is entitled to a fair and public hearing by an independent and impartial
tribunal.
6. Article 18: Everyone has the right to freedom of thought, conscience, and religion.
7. Article 19: Everyone has the right to freedom of opinion and expression.
8. Article 23: Everyone has the right to work, to just and favorable conditions of work, and to
protection against unemployment.
9. Article 25: Everyone has the right to a standard of living adequate for the health and well-
being of oneself and their family, including food, clothing, housing, and medical care.
10. Article 30: No one can take away your human rights.

It's important to note that the Universal Declaration of Human Rights is not a legally binding
treaty, but it has had a significant impact on the development of international human rights
law. It has inspired the creation of numerous human rights treaties, conventions, and national
laws worldwide, and it continues to serve as a reference point for promoting and protecting
human rights globally.

3. European Convention on Human Rights

The European Convention on Human Rights (ECHR) is an international human rights treaty
established by the Council of Europe. It was adopted in 1950 and entered into force in 1953.
The convention seeks to protect and promote fundamental human rights and freedoms in
Europe.

Key Features and Provisions of the European Convention on Human Rights:

1. Rights and Freedoms: The ECHR guarantees a broad range of civil, political, economic,
social, and cultural rights and freedoms. These include the right to life, liberty, and security,
freedom of thought, conscience, religion, expression, and assembly, the right to a fair trial,
the prohibition of torture and inhuman or degrading treatment or punishment, and the right to
respect for private and family life, among others.
2. European Court of Human Rights: The European Court of Human Rights (ECtHR) is the
judicial body responsible for interpreting and enforcing the convention. Individuals or groups
who believe their rights under the convention have been violated can bring their cases before
the court after exhausting all domestic remedies. The court's judgments are legally binding on
the states involved, and they contribute to the development of human rights standards across
Europe.
3. State Obligations: States that are party to the ECHR have a duty to respect, protect, and fulfill
the rights and freedoms enshrined in the convention. They are required to ensure that their
 laws and practices are in compliance with the convention and to provide effective remedies
for individuals whose rights have been violated.
4. Limitations and Derogations: While the ECHR establishes fundamental rights, it also
recognizes that there may be circumstances where limitations or derogations from these rights
are necessary. However, such limitations or derogations must be prescribed by law and
strictly necessary in a democratic society for specific purposes, such as national security,
public safety, or the prevention of crime.
5. Protocol System: The ECHR has a system of additional protocols that expand or modify the
rights and freedoms protected under the convention. For example, Protocol No. 1 guarantees
the right to free elections, Protocol No. 6 abolishes the death penalty, and Protocol No. 12
prohibits discrimination.
6. Universality and Extraterritorial Application: The ECHR applies to all individuals within the
jurisdiction of the states party to the convention, regardless of their nationality or legal status.
It also extends its protection beyond the territories of member states if they exercise
jurisdiction or control over individuals or areas outside their borders.

The European Convention on Human Rights has played a significant role in promoting
human rights, democracy, and the rule of law in Europe. Its principles and standards have
influenced national legislation, court decisions, and policies across the region. The
convention has been ratified by 47 European countries, including all members of the Council
of Europe.

4. Role of NHRC for Protection and Enforcement Of Human Rights

The National Human Rights Commission (NHRC) is an independent statutory body

established in many countries to protect and enforce human rights. While the specific
functions and powers of NHRCs may vary from country to country, their primary role is to
promote and safeguard human rights within their respective jurisdictions. Here are some
common aspects of the role of NHRCs:

1. Protection of Human Rights: NHRCs play a vital role in protecting human rights by receiving
and investigating complaints of human rights violations. They act as a watchdog to ensure
that individuals' fundamental rights are respected and upheld by both state and non-state
actors.
2. Investigation and Inquiry: NHRCs have the authority to conduct investigations and inquiries
into alleged human rights violations. They have the power to summon witnesses, examine
evidence, and gather information to determine the facts of a case. This enables them to shed
light on human rights abuses and recommend appropriate action.
3. Recommending Remedial Measures: Based on their findings, NHRCs can make
recommendations to relevant authorities for remedial measures, such as compensating
victims, prosecuting perpetrators, or implementing policy changes. These recommendations
aim to redress human rights violations and prevent their recurrence.
4. Public Awareness and Education: NHRCs have a responsibility to raise public awareness
about human rights and promote a culture of respect for human dignity. They engage in
educational initiatives, campaigns, and outreach programs to inform people about their rights
and the importance of human rights protection.
5. Human Rights Advocacy: NHRCs often engage in advocacy activities to influence policy and
legislative reforms that align with international human rights standards. They may submit
 reports, make representations, and participate in consultations to ensure that laws and policies
promote and protect human rights.
6. Cooperation with Stakeholders: NHRCs collaborate with various stakeholders, including
government agencies, civil society organizations, and international bodies, to enhance human
rights protection. This collaboration can involve sharing information, conducting joint
investigations, or providing expertise on human rights matters.
7. Monitoring and Reporting: NHRCs monitor the overall human rights situation in their
countries, including systemic issues and emerging challenges. They produce periodic reports,
highlighting areas of concern and providing recommendations for improvement. These
reports serve as important tools for holding governments accountable and fostering human
rights accountability.

It's important to note that the specific mandate and powers of NHRCs can differ across
countries based on their respective legal frameworks. However, the fundamental purpose of
NHRCs remains consistent—to protect, promote, and enforce human rights.

5. Protection of Human Rights Act

Section 2(d) of the Act defines human rights as individual rights to life, liberty,
equality, and dignity guaranteed by the Constitution or recognized in international
covenants and enforceable by Indian courts. The abovementioned definition, however,
limits the scope of the functions of the National Human Rights Commission. As a
result, India ratified only the International Covenant on Civil and Political Rights and
the International Covenant on Economic, Social, and Cultural Rights. However, the
covenants are not directly enforceable as law in Indian courts. Therefore, under the
Protection of Human Rights Act 1993, the definition of human rights is firmly limited
to the fundamental rights included in Part Ill of the Constitution, which are
enforceable by Indian courts.

6. Maneka Gandhi vs. Union of India

Case Summary – Maneka Gandhi (Petitioners) V Union of India (Respondents)

The landmark ruling in Maneka Gandhi versus Union of India, which stands as a bulwark of
the Right of Personal Liberty granted by Article 21 of the Constitution, started when the
passport of the petitioner in this case, was impounded by the authorities under the provisions
of the Passport Act. This arbitrary act of impounding the passport eventually led to the
pronouncement of a unanimous decision by a seven-judge bench of the apex court
comprising M.H. Beg (CJI), Y.V. Chandrachud, V.R. Krishna Iyer, P.N. Bhagwati, N.L.
Untwalia, S. Murtaza Fazal Ali and P.S Kailasam.

Brief Facts
The petitioner Maneka Gandhi’s passport was issued on 1 st June 1976 as per the Passport Act
of 1967. On 2nd July 1977, the Regional Passport Office (New Delhi) ordered her to surrender
her passport. The petitioner was also not given any reason for this arbitrary and unilateral
decision of the External Affairs Ministry, citing public interest.

The petitioner approached the Supreme Court by invoking its writ jurisdiction and contending
that the State’s act of impounding her passport was a direct assault on her Right of Personal
Liberty as guaranteed by Article 21. It is pertinent to mention that the Supreme Court in
Satwant Singh Sawhney v. Ramarathnam held that right to travel abroad is well within the
ambit of Article 21, although the extent to which the Passport Act diluted this particular right
was unclear.

Issues Before the Court

 Are the provisions under Articles 21, 14 and 19 connected with each other or are they
mutually exclusive?
 Should the procedure established by law be tested for reasonability which in this case
was the procedure laid down by the Passport Act of 1967?
 If the right to travel outside the country is a part of Article 21 or not?
 Is a legislative law that snatches away the right to life reasonable?
Arguments of the petitioners:

 Through the administrative order that seized the passport on 4th July 1977, the State
has infringed upon the Petitioner’s Fundamental Rights of freedom of speech &
expression, right to life & personal liberty, right to travel abroad and the right to
freedom of movement.
 The provisions given in Articles 14, 19 & 21 should be read together and aren’t
mutually exclusive. Only a cumulative reading and subsequent interpretation will lead
to the observance of principles of natural justice and the true spirit of
constitutionalism.
 India might not have adopted the American concept of the “due process of law”,
nevertheless, the procedure established by law should be fair and just, reasonable, and
not be arbitrary.
 Section 10(3)(c) of the Passport Act violates Article 21 insofar as it violates the right
to life & personal liberty guaranteed by this Article.
 Audi Altrem Partem i.e. the opportunity of being heard is invariably acknowledged as
a vital component of the principles of natural justice. Even if these principles of
natural justice are not expressly mentioned in any of the provisions of the
Constitution, the idea behind the spirit of Fundamental Rights embodies the very crux
of these principles.
Get a list of Polity Questions for UPSC Mains in the linked article.

Contentions of the respondents:

  The respondent stated before the court that the passport was confiscated since the
petitioner had to appear before a government committee for a hearing.
 The respondent asserted that the word ‘law’ under Article 21 can’t be understood as
reflected in the fundamental rules of natural justice, emphasising the principle laid
down in the A K Gopalan case.
 Article 21 contains the phrase “procedure established by law” & such procedure does
not have to pass the test of reasonability and need not necessarily be in consonance
with the Articles 14 & 19.
 The framers of our Constitution had long debates on the American “due process of
law” versus the British “procedure established by law”. The marked absence of the
due process of law from the provisions of the Indian Constitution clearly indicates the
constitution-makers’ intentions.

Maneka Gandhi Case Judgement

This immensely important judgment was delivered on 25th January 1978 and it altered the
landscape of the Indian Constitution. This judgment widened Article 21’s scope immensely
and it realized the goal of making India a welfare state, as assured in the Preamble. The
unanimous judgement was given by a 7-judge bench.

7. Rights of disabled persons and minorities

The rights of disabled persons and minorities are important aspects of human rights and
social justice. These rights aim to ensure equal treatment, non-discrimination, and the full
participation and inclusion of individuals with disabilities and members of minority groups in
all aspects of society. Here are some key points regarding the rights of disabled persons and
minorities:

Rights of Disabled Persons:

1. Right to Equality: Disabled persons have the right to equal treatment and should not be
subjected to discrimination based on their disability.
2. Right to Accessibility: Disabled persons have the right to access physical environments,
transportation, information, and communication on an equal basis with others.
3. Right to Independent Living: Disabled persons should have the opportunity to live
independently and be included in the community, with access to necessary support services.
4. Right to Education: Disabled persons have the right to inclusive and quality education,
ensuring that they can participate fully in the educational process.
5. Right to Employment: Disabled persons have the right to work in an inclusive and non-
discriminatory environment, with reasonable accommodations provided as needed.
6. Right to Health: Disabled persons have the right to access healthcare services, including
rehabilitation, support, and assistive devices.
7. Right to Participation: Disabled persons have the right to participate in decision-making
processes that affect their lives and to be involved in the development of policies and
programs related to disability issues.

Rights of Minorities:

1. Right to Equality: Members of minority groups have the right to equal treatment and
protection under the law, without discrimination based on their minority status.
2. Right to Non-Discrimination: Minorities should be protected from any form of
discrimination, including racial, ethnic, religious, or linguistic discrimination.
3. Right to Cultural Identity: Members of minority groups have the right to maintain, develop,
and express their own cultural, linguistic, and religious identity.
4. Right to Participation: Minorities have the right to participate fully in public life, decision-
making processes, and the cultural, social, and economic life of the country.
5. Right to Education: Members of minority groups have the right to education that respects
their cultural identity and provides opportunities for their linguistic and cultural development.
6. Right to Protection: Minorities have the right to protection from violence, persecution, and
other human rights abuses.
7. Right to Remedies: Minorities have the right to seek effective remedies for violations of their
rights and to access justice without discrimination.

8. Right to privacy & Right to life

The right to privacy and the right to life are fundamental human rights that are recognized
and protected by various legal systems and international human rights instruments.

The right to privacy generally refers to an individual's entitlement to control their personal
information, to be free from unwarranted surveillance, and to have a private space where they
can freely express themselves without interference or intrusion. It encompasses the right to be
left alone and to maintain confidentiality in personal matters.

The right to life, on the other hand, is the basic right of every individual to be protected from
arbitrary deprivation of their life. It establishes that every person has a fundamental right to
live and that this right should be safeguarded by the state and other entities. The right to life
includes protection from intentional killing, but it also extends to ensuring adequate
healthcare, protection from preventable harm, and access to basic necessities for a dignified
life.

Both rights are widely recognized and protected by international and regional human rights
treaties, such as the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, and the European Convention on Human Rights. Many countries
also have constitutional provisions or domestic laws that safeguard these rights.

The right to privacy and the right to life are interconnected in various ways. Privacy is
considered essential for personal autonomy and human dignity, which are integral to the
enjoyment of the right to life. Without privacy, individuals may be subjected to unwarranted
interference, surveillance, or harassment, potentially endangering their well-being or even
their lives. For example, privacy protection is crucial in contexts such as healthcare, where
individuals should be able to maintain confidentiality in their medical records and decisions.

However, it's important to note that these rights are not absolute and can be subject to
limitations or restrictions in certain circumstances. For instance, the right to privacy may be
limited for national security purposes or in the interests of public safety. Similarly, the right
to life may be restricted in situations where the use of force is necessary for self-defense or
for the protection of others.