Course Outline

Basic Human Rights
Course Outline
Unit I
The Basic Concepts: - Individual, group, civil society, state, equality, justice,
Human Values, Human rights and Human Duties: - Origin, Contribution of
American bill of rights, French revolution, Declaration of independence, Rights
of citizen, Rights of working and exploited people.
Basic Human Rights
Course Outline
Unit II
Fundamental rights and economic programme, Society, religion, culture, and
their inter relationship, Impact of social structure on human behaviour, Social
Structure and Social Problems: - Social and communal conflicts and social
harmony, rural poverty, unemployment, bonded labour.
Basic Human Rights
Course Outline
Unit III
Migrant workers and human rights violations, human rights of mentally and
physically challenged, State, Individual liberty, Freedom and democracy, NGOs
and human rights in India: - Land, Water, Forest issues.
Basic Human Rights
Course Outline
Unit IV
Human rights in Indian constitution and law:- i) The constitution of India:
Preamble ii) Fundamental rights iii) Directive principles of state policy
iv)Fundamental duties v) Some other provisions.
Basic Human Rights
Course Outline
Unit V
Universal declaration of human rights and provisions of India, Constitution and
law, National human rights commission and state human rights commission.
Textbook:
1. Shastry, T. S. N., India and Human rights: Reflections, Concept Publishing
Company India (P Ltd.), 2005.
Basic Human Rights
Course Evaluation and Assessment
Assessment Methods
Continuous Assessment : 10 Marks
CA I: Assignment
Continuous Assessment II : 10 Marks
Mid Semester Examination: 20 Marks
MSE: Test / Quiz
End Semester Examination: 60 Marks
Total : 100 Marks

CA II: Test / Quiz
Basic Human Rights
Course Outcomes
After the completion of the course students will be able to
CO 1: Understand basic concepts related to human rights.
CO 2: Understand history of human rights.
CO 3: Understand co-relationship between human rights, human behaviour, social

structure, and economic growth.
CO 4: Understand role of NGOs for curbing human right violation issues
CO 5: Understand provisions in Indian constitution related to human rights.

Unit I
What are Human Rights
 Human rights are the basic rights and freedoms that belong to every person in the
world, from birth until death.
 They apply regardless of where you are from, what you believe or how you choose
to live your life.
 They can never be taken away, although they can sometimes be restricted – for
example if a person breaks the law, or in the interests of national security.
 These basic rights are based on shared values like dignity, fairness, equality, respect
and independence.
 These values are defined and protected by law.

What are Human Rights
Characteristics of Human Rights
 Universality and inalienability
 Indivisibility
 Inter-dependence and inter-relatedness
 Equality and non-discrimination
 Participation and inclusion
 Accountability and rule of law

History of Human Rights
 Lets go through a brief history of human rights
 https://www.unitedforhumanrights.in/what-are-human-rights/brief-history/
Purpose of Learning Human Rights
 Human Rights
 are fundamental rights
 are freedoms to which all humans are entitled
 represent protection of our basic needs
 express conditions we need to flourish as human beings
 All youths like YOU should understand these rights and responsibilities
 This will help them to protect themselves, empower them and be

responsible and active citizens.
What are Rights?
 If rights were not there, they (We / Humans) would have been
controlled by their masters.
 It is a value a person needs to protect himself so that he can live his
life and improve it as well.
 A person’s right to do something indicates that there are another
person’s as well as society’s responsibilities to support what is being
done by them.
 E.g. If one has a to right to live, this means that others do not have
the liberty to kill him.
 Bottom Line: Right is not a claim, but it is embedded socially.
Unit 1: Basic Concepts
 Individual: a single human being as distinct from a group.
 Group: several people or things that are located, gathered, or classed

together.
 Civil Society: Civil society is the ecosystem that influences social

change outside of the family, market or government.
 Often referred to as the space where we act for the common good, civil
society aims to connect poor or marginalized people with groups that can
mobilize support to help.
 Civil Society:
 According to the World Bank: “Civil society ... refers to a wide array of organizations:
community groups, non-governmental organizations [NGOs], labor unions, indigenous groups,
charitable organizations, faith-based organizations, professional associations, and foundations.”
 At various points throughout history, civil society has taken on the role of leading
great movements of change, including civil rights, gender equality and other parity movements.
 Civil society is at its best when people at all levels of society adopt an idea. Over time, this
fosters changes in power structures and infuses the new prevailing wisdom into family, society,
courts and businesses.
 State: A State is a political unit that has sovereignty (Autonomy /
Liberty) over an area of territory and the people within it.
 Equality: Equality is defined as the condition of being equal, or the

same in quality, measure, esteem or value.
 Types of Equality:
 Social , Civil
 Political, Economic
 Legal
 Justice: Justice involves the application of fairness to individuals in
population groups or communities. It is also a principle of fairness.
Unit 1: Values
 Philosophy deals with the basic problems of humans.
 A human as an individual exhibits (Shows) different behavioral patterns.
 Values play an important role to regulate the behavioral patterns of a

human.
 Basic Values are dignity, liberty, equality, justice, ethics, and morals.
 These values have significant impact to shape the human relations in a

society.
Unit 1: Values
 The main function of law in any society is to regulate the relations
between men (Women) and to minimize the intensity of conflicts
between them.
 This in turn is needed to promote peace, security, good and orderly

relationships among the people of the society.
 The concept of rights and its exercise and regulation is based upon the
number of values developed in a society from ancient times to
modern age.
Unit 1: Values
 Values have had a great impact in the realization, promotion and
protection of human rights.
Unit 1: Human Values
 Human values are the virtues (Value) that guide us to consider the
human element when we interact with other human beings.
 Human values are, for example, respect, acceptance, consideration,

appreciation, listening, openness, affection, empathy and love
towards other human beings.
 It is with those human values that one becomes truly able to put into
practice his/her ethical values, such as justice, integrity, refusal of
violence and ban to kill – even in a crisis.
 Human values convey a positive and affective surge, which
reinforces the rationale of moral values.
 They are the values that permit us to live together in harmony, and
personally contribute to peace.
 Human values are a tool to manage human relations and a tool for
peace when the tension is high.
 Value is defined by Rokeach, is “Value is an enduring belief, a
specific mode of conduct or an end state of existence, along a
continuum of relative importance.”
 Human values are defined as those values which help man/ woman
to live in harmony with the world.
 The concept of values has a strong relationship with the behavioral
pattern of individuals in a society.
 The values are expected to be practiced in a day-to-day life.
 These values vary (Change) from person to person depending upon
their experiences and circumstances in which they grow.
 However, there are some values which are common to all humans.
Human Life
Values Liberty
Security
Freedom
Success
Security to life
Kindness
Pain
Pleasure
 According to several scholars, conceptually values are beliefs which
are subjective in their exercise by everyone.
 Values motivate people to achieve their goals.
 Values transcend (Exceed / Surpass) time and territory and develop

relationships and regulate the behavioural patterns of individuals.
 Number of scholars identified ten basic values, which motivate and

regulate the behavior of human beings in achieving their goals.
 Self Decision Promotes an independent thought which results in a
judicious decision-making process in creating or exploring the goal.
 Stimulation creates excitement, novelty and challenges in life.
 Hedonism (Self Satisfaction) brings in pleasure and sensuous

gratification for oneself.
 Achievement demonstrates, the competence of individuals

according to the standards of society.
 Power brings in social status and prestige, control over people, and
resources.
 Security brings in harmonious relationship between individuals, to

guide the society to establish a compatible environment for people to
lead a life with pleasure and groom their freedoms.
 Conformity to social standards mainly regulates the behavior of

individuals, and prevent the wrongdoing activities by individuals to
themselves, and towards one another in the society.
 Tradition promotes the qualities of respect to the practices that are
inherent in society.
 Religion promotes the innovation of knowledge and furtherance of

values to the achievement of peace and security.
 Benevolence (Kindness / Goodness) establishes the belief and

enhances the qualities of welfare to promote the interests of the
individuals with whom each one interacts in their day-to-day
activities.
 Universalism promotes the qualities of understanding, appreciation,
tolerance, and protection for the welfare of people.
 It takes care of developing harmonious living, and to work for the

benefit of advancement of scientific knowledge, and to share the
resources equally.
Unit 1: Human Values : Dignity
 Another value that regulates the human behavior.
 Dignity prescribes the norms and ethical standards that need to be

adopted and followed.
 At its most basic, the concept of human dignity is the belief that all
people hold a special value that’s tied solely to their humanity.
 It has nothing to do with their class, race, gender, religion, abilities,

or any other factor other than them being human.
 Historically the original meaning of the word “dignity” established that someone
deserved respect because of their status.
 But in the Universal Declaration of Human Rights, that concept was turned on its
head. Article 1 states: “All human beings are born free and equal in dignity and
rights.”
 Because of this, dignity wasn’t something that people earned because of their
class, race, or another advantage.
 It is something all humans are born with. Simply by being human, all people
deserve respect. Human rights naturally spring from that dignity.
Unit 1: Human Values : Liberty
 A concept which plays important role for promotion of human values.
 Concept of liberty is centered around responsibility or duty.
 In simple terms, liberty means,

 human beings are free to regulate their relations, and can govern their
relations,
 behave at their own will and be responsible for their acts.
 For the realization of human rights, it is necessary that, all individuals must
act responsibly so that the liberty of others is not affected.

 If someone is depriving the legal claims of others by their act, in long
term this also will affect their human rights.
 The concept of liberty is the basics for the development of a right.
 According to Hobbes, every individual is empowered to enjoy their

freedoms freely without the interference of any other person.
 For setting democratic societies, liberty forms the basis by allowing

people to choose their leaders.
 Along with the right to life, the right to liberty is one of the most
fundamental human rights.
 The right to liberty is the right of all persons to freedom of their
person – freedom of movement and freedom from arbitrary
detention by others.
 The right to liberty is mentioned in the Article 5 of the human rights
and is protected by law.
Unit 1: Human Values : Equality
 Equality is another important component of human rights.
 From ancient to modern times, people are fighting to achieve this in

terms of its practical application to each situation.
 In general, equality proposes to bring all the people into one category,
and apply the principles of law, and justice without any distinction,
whatsoever it may be among the individuals.
 As per the principal of equality all individuals are equal in the eyes of
law.
 Although, all people are numerically considered as equal in the eyes of
law, in providing the amenities or distribution of resources, all may not
be considered or treated as equal in reality.
 This is because of the socio, economic, political and cultural conditions

that prevail (Exist commonly) in each society.
 In order to uplift the people who are not equal on any ground, they need
to be given certain concessions and facilities to improve their status and
to reach the equal status with that of others who are on a high pedestal.
 Equality is about ensuring that every individual has an equal opportunity to
make the most of their lives and talents.
 It is also the belief that no one should have poorer life chances because of
the way they were born, where they come from, what they believe, or
whether they have a disability.
Unit 1: Human Values : Justice
 Justice means giving each person what he or she deserves or, in more
traditional terms, giving each person his or her due.
 Justice and fairness are closely related terms that are often today used
interchangeably.
 When people differ over what they believe should be given, or when
decisions have to be made about how benefits and burdens should
be distributed among a group of people, questions of justice or
fairness inevitably arise.
Unit 1: Human Values : Justice
 When conflicts arise in our society, we need principles of justice that
we can all accept as reasonable and fair standards for determining what
people deserve.
 To achieve perfect justice, it lays its emphasis on concepts of equality,

morality and ethics.
 The aim of human rights is to provide such stable conditions to

everyone by the states (Country), which alone could help to achieve
the rights in a justiciable manner.
Unit 1: Human Values : Ethics and Morals
 Ethics and Morals are considered as equal concepts.
 However, there exists a subtle difference between these two.
 Morals are related to personal character of an individual.
 While ethics are important with respect to social systems, which

regulates code of conduct of a group of individuals.
 From human rights perspective

 Freedom and Liberty being basic principles forms part of moral principles
 While the concepts of justice and equality and the participation of the individuals
in the socio-cultural aspects of the community are ethical aspects.
 Accordingly, every human being in a society is always responsible to

strive to achieve human rights as a moral or ethical subject of society.
 Value is the central concept of ethics.
 Ethics is a normative science of human conduct in society, which
differentiates between right and wrong, good or bad, proper or improper.

 The standard which allows an individual to differentiate between good and
bad, right and wrong is a value.
 Ethics with reference to human rights pre-supposes freedom as a necessary pre-
condition.
 A free individual can take his decision of action and such a decision can be
evaluated as good or bad, right or wrong, proper or improper.
 Values provide a standard to decide that an action is good.
 Values are based on common or social consent. They are shared by all in the
society.
Unit 1: Human Rights and Duties
 From a historical point of view `right' in its objective sense is
described as right or just actions that individuals must discharge to
maintain harmonious relationships between themselves.
 In the modern or subjective sense in general rights mean- a legal

sanction or normative value.
 As per the analytical perspective of right it has two parts

 Form : Internal structure of right
 Function : What right does for those who hold them
 Thus, it is a combination of claim and duty.
 This means a right confers (Award / Accord) certain liberties or privileges

and imposes duties upon individuals to exercise while claiming their
rights.
 In the eyes of law, Right confers on a person certain number of liberties

and privileges.
 At the same time impose obligations to discharge.
 Furthermore, possessing a right should also enable a person to exercise it.

 This type of empowerment mechanism could be achieved only by imparting the values of
human rights education.
 Based on its common usage philosophers and political analyst have categorized rights into
following
 Natural Rights
 Legal Rights
 Claim rights
 Liberty Rights
 Positive Rights
 Negative Rights
 Individual Rights
 Group Rights
Unit 1: Natural Rights
 The concept of Natural rights is closely associated with the philosophy or theory of Natural law.
 According to this theory, nature or God alone regulates the wisdom and the activities of men /
women.
 A natural right is nothing but, rights based on just, fair and reasonable.
 This means, the individuals unite themselves to form political societies through mutual consent
and agree to form a government of their own. It will enable them to lead their life through
common rules and regulations framed by either them or their representatives.
 At the same time, they accept a set of legal and moral duties to be observed or bound by them
in the exercise of their rights in order to live in peace and security without any violence.
 Examples of Natural Rights
 Natural Rights vs. Civil Rights
 Civil rights are rights given to individuals by societies. They are established and
enforced by law.
 Natural rights exist even if a society falls apart, but civil rights would disappear without
someone to enforce them. Civil rights protect individuals from discrimination based on
their race, sex, age, disability, sexual orientation, religion, or any other protected class.
 Civil liberties, like those outlined in the Bill of Rights (such as Freedom of the Press and
Freedom of Speech), apply legal protection to natural rights to freedom, but again,
they would cease to exist without a government to enforce them
 Natural Rights vs. Human Rights
 Many people use natural rights and human rights interchangeably.
 However, they are slightly different.
 Natural rights exist whether a government acknowledges them or not.
 Human rights are a government's acknowledgment of the rights their citizens should have by
virtue of being human.
 They may overlap — for example, the right to live is both a natural right and a human right —
but natural rights always exist and do not change over time.
 A government may apply, change or strip the legal human rights from their citizens when they
desire. They may never change one's natural rights.
Unit 1: Legal Rights
 Rights that are guaranteed to citizens of a country by law to enjoy certain freedoms
without any fear or favor.
 Legal rights also referred to as statutory rights, bestowed by a particular government

to the governed and are relative to specific cultures and governments.
 These rights are enumerated or codified into legal statutes by a legislative body.
 These rights may differ from country to country depending upon the constitution
and culture that they adopted.
 At the same time legal rights impose an obligation (Commitment / Responsibility) on

other people not to exceed the prescribed limits of law.
Unit 1: Legal Rights
 Examples
 Right to Vote
 Right to Education
 Right against sexual harassment

Unit 1: Claim Rights and Liberty Rights
 Claim rights means, the rights that impose an obligation on another
person to respect the right of the other person.
 Liberty rights means, rights that are to be exercised at free will by the
holder of rights, without any obligation on another person in exercise
of his/her right.
 For example, a person has liberty to speak freely as he likes, is a

liberty right. But at the same time, if it affects the rights or hurts the
reputation of another person, then it turns into a claim right.
Unit 1: Claim Rights and Liberty Rights
 Examples
 Right to Life
 Right of Liberty
 Right to Property
 Right of Informed Consent
 freedom of press
 freedom of religion
 freedom of expression
 freedom of assembly
Unit 1: Positive Rights and Negative Rights
 Positive rights means, rights for which a person is expected to discharge some service or to do
good independently or to the society.
 These rights normally impose duty either on the state or on society or a group of individuals
in satisfying the claims of owners of rights
 E.g. Right to Education, Right to Health, etc
 Negative rights impose an obligation on others not to interfere with the liberty or
independence of another holder of rights.
 The rights normally impose a duty on every individual as a moral and legal obligation to
refrain from causing injury to the exercise of the right of other person.
 E.g. Right to freedom of speech and expression, right to life and liberty, right to equality
 Examples
 Positive rights, therefore, are rights that provide something that people need to secure their
well being, such as
 a right to an education,
 the right to food,
 the right to medical care,
 the right to housing,
 or the right to a job.

 Examples Negative Rights
 right to privacy,
 the right not to be killed,
 the right to do what one wants with one's property,
 These rights are called negative rights because such rights are a claim by one person that
imposes a "negative" duty on all others—the duty not to interfere with a person's activities in
a certain area.
 The right to privacy, for example, imposes on us the duty not to intrude into the private
activities of a person.
Unit 1: Individual Rights
I
 These rights belong to and protect an individual.
 Mainly political, economic, or legal in nature.
 Exercisable by individuals to enjoy their life and liberty without any

interference of anybody including the state.
 Have positive and negative elements.
 Positive element obligates a person to discharge the right according to law.
 The negative element prohibits any act that is not permitted by law.
Unit 1: Individual Rights
 Examples
 Religion and Beliefs
 Privacy
 Personal Property
 Right of Speech and Expression

Unit 1: Group Rights
 WE
 Enjoyed by a group as well as individuals
 Cultures, customs and religions are tied down to society
 E.g. rights of the disabled are considered as a group.
 At the same time, an individual disabled person also could claim the
rights independently of the group
Unit 1: Group Rights
 Examples
 freedom from torture and slavery;
 political participation;
 freedom of opinion, expression, thought, conscience and religion;
 freedom of association and assembly

Unit 1: Elements of Right
 A right may be defined as something that one possess to exercise either
naturally, legally, or socially with a moral/legal duty to act without violating
the right of others.
 The five elements of a right are

 A right holder ( which the subject of a right) has claim to
 Some substance of it ( the object of right)
 Which he or she may assert, demand, enjoy or enforce (exercising a right)
 Against some individual or group ( the bearer of the correlative duty)
Unit 1: Elements of Right
 Citing in support of his or her claim on some ground (the justification of a
right)
 To exercise a right at least two persons are necessary and the claim that
they want to exercise should have a legal basis to justify in the eyes of law.
Unit 1: Nature and Concept of Duty
 Duty and obligation (Commitment / Promise) are considered as same.
 But there exist a difference between the two.

 A right exists without any correspondence to an obligation incurred or
created, at times.
Whereas duty arises from position, status, role.
 This means every time a duty has a connection with the position of
person, which is linked with right.
 Therefore, obligation may not correspond to duty every time.
 The concept of duty arises from fulfillment of a requirement.
 Duties comes in several ways and means such as

 Moral Duty
 Legal Duty
 Parental Duty
 Societal Duty
 Civil Duty
 The concept of duty arises from fulfillment of a requirement.
 From the law point of view duties arise from legal norms and
requirements.
 Duty need to be discharged the way it is prescribed.
 An action can be treated as right or wrong based on discharge of a duty.
 A duty imposes an obligation to respect the rights of others and the

society.
 Hence, rights and duties are reciprocal. A right is demand and a duty
is an expectation.
 Types of duties
 Natural and acquired duties
 Positive and negative duties
 Prefect and imperfect duties
 Prima facie all things considered as duties
Unit 1: Natural and Acquired Duties
 Natural duties binds all of us without any specification from any institution
or body.
 Everyone must discharge these duties voluntarily.
 For example
 Not harming others , Not speaking lies , Not to misuse our freedoms , Respecting others, not
injuring the innocent once, not beating children, to uphold truth and justice.
 Acquired duties are duties undertaken by individuals by virtue of something

they have done, or as a particular relationship, which they might have with
others.
Unit 1: Natural and Acquired Duties
 This means, certain duties are legal, and need to perform the
acquired obligations basing on one's willingness.
 If refused to perform after consented to discharge, it attracts legal

consequences.
 Another type of acquired duties results from special relationships that

individuals undertake as groups, often referred to as responsibilities.
 For example : Parental Duties, Duty of doctors or lawyers etc.

Unit 1: Positive and Negative Duties
 Positive duties require us to do good.
 Negative duties impose restrictions on doing bad or refraining from

acting.
 Helping the poor may be a positive duty, which may not have any
obligation.
 However, not to tell lies or not to harm others is a negative duty,

which imposes an obligation.
Unit 1: Perfect and Imperfect Duties
 Perfect and Imperfect duties and Positive and Negative duties may
look similar, but they are not.
 Perfect duties expect individuals to discharge the incurred obligations

as per the goal that is always set without any deviation.
 Imperfect duties have no such rigidity.
 Imperfect duties are duties that are never completed in its true spirit.
 The performance of these both duties is highly circumstantial.

Unit 1: Prima facie and all things considered duties
 According to W. D. Ross, people mostly discharge their duties to live
up to their promises as a goodwill.
 This means, many a times people perform their duties basing on the
advantages and disadvantages.
 This being the primary concept of duty, Ross calls individuals to be

rational in discharging their duties in a proper manner without
harming the interests of others.
 Human Rights have the above duty perceptions in its philosophy.
 To eradicate the present-day maladies, and to improve the moral and

ethical standards among individuals as beneficiaries and defenders of
human rights, we have to discharge the duties advocated by human
rights sincerely.
 In this regard, the UN High Commissioner of Human Rights while

celebrating the 50th anniversary of the adoption of the Universal
Declaration of Human Rights in 1998 in the city of Valencia in Spain.
 Declaration on the Rights and Responsibility of Individuals, Groups
and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms.
 It is also known as Valencia Declaration of Responsibilities and

Human Duties.
 The shifting of formal equality to substantial equality and the
continuous violations of human rights by the actors (both the states
and individuals) across the World, several Noble Laureates and
scholars requested the UN to adopt a declaration highlighting the
duties of mankind.
 In order to provide a legal base for the declaration, the General

Assembly adopted a declaration on Responsibilities and duties of
mankind in 1999.
Unit 1: Responsibilities and duties of mankind
 The Principles of the Declaration summarized into different heads as
follows:
 Rights and protections accorded to human rights

defenders :
 To seek the protection and realization of human rights at the national and
international levels;
 To conduct human rights, work individually and in association with others;
 To form associations and non-governmental organizations;
 To meet or assemble peacefully;

 To seek, obtain, receive and hold information relating to human rights;
 To develop and discuss new human rights ideas and principles and to advocate their
acceptance;
 To submit to governmental bodies and agencies and organizations concerned with public
affairs criticism, and proposals for improving their functioning, and to draw attention to
any aspect of their work that may impede the realization of human rights;
 To make complaints about official policies and acts relating to human rights and to have
such complaints reviewed;
 To offer and provide professionally qualified legal assistance or other advice and
assistance in defense of human rights;
 To attend public hearings, proceedings and trials in order to assess their
compliance with national law and international human rights obligations;
 To unhindered access to and communication with non-governmental and
intergovernmental organizations;
 To benefit from an effective remedy;
 To the lawful exercise of the occupation or profession of human rights defender;
 To effective protection under national law in reacting against or opposing,
through peaceful means, acts or omissions attributable to the State that result in
violations of human rights;
 To solicit, receive and utilize resources for protecting human rights (including the
receipt of funds from abroad).
Unit 1: Duties of States
 According to the Declaration, States have a general responsibility to
implement and respect all the provisions of the Declaration.
 However, some of the provisions refer to the role of States and

indicate that each State has a responsibility and duty as below
 To protect, promote and implement all human rights;
 To ensure that all persons under its jurisdiction are able to enjoy all
social, economic, political and other rights and freedoms in practice
 To adopt such legislative, administrative and other steps as may be
necessary to ensure effective implementation of rights and freedoms;
 To provide an effective remedy for persons who claim to have been
victims of a human rights violation;
 To conduct prompt and impartial investigations of alleged violations of
human rights;
 To take all necessary measures to ensure the protection of everyone against any violence,
threats, retaliation, adverse discrimination, pressure or any other arbitrary action because of his
or her legitimate exercise of the rights referred to, in the Declaration;
 To promote public understanding of civil, political, economic, social and
cultural rights;
 To ensure and support the creation and development of independent
national institutions for the promotion and protection of human rights,
such as Ombudsmen or Human Rights Commissions;
 To promote and facilitate the teaching of human rights at all levels of
formal education and professional training.
Unit 1: Responsibilities of Everyone
 The Declaration emphasizes that everyone has duties towards others and
within the community and encourages us, all to be human rights defenders.
 It is the duty of every one of us to promote human rights, to safeguard

democracy and its institutions and not to violate the human rights of others.
 It further emphasizes the role of professionals and practitioners, especially

that of Police officers, Lawyers and Judges as defenders of the Human
Rights.
Unit 1: Impact of Duty on the Society
 Everyone has certain duties towards the society and the state.
 According to UDHR the duties of an individual towards state are
 To obey the law and other legal commands of the state and its agencies in a
country.
 To render the services in civil and military affairs whenever required by the
state for its defence.
 To cooperate with the state and the community with respect to social
security and welfare to the extent possible.
 To pay the taxes established by law for public purposes.
 To Protect the property and culture of the state.
 Not to discriminate or advocate anything on communal, linguistic and
religious or any other ground that affect the liberty of other individuals.
 According to UDHR the duties of an individual towards society are

 To respect the women, children, wounded, sick, and elderly persons.
 Rendering charitable work through social service, education, religious
activities, cultural activities etc.
 To respect the rights and responsibilities of others.
 Not to make false allegations or complaints against others.
 Not to misuse the laws and regulations.
 Not to discriminate or advocate anything on communal, linguistic and
religious or any other ground that affect the liberty of other individuals.
 To follow and obey the moral and ethical values that belongs to each society.
Unit 1: Interrelation between Rights and Duties
 Rights and Duties coexists with each other.
 They are sides of the same coin, that regulates values and behavioral
patterns of an individual.
 On one side, rights are important in developing the human
personality and behavior.
 The duties on the other hand, direct the individual's importance of
their contribution for the promotion of social good.
 In a way duty targets at the realization of rights guaranteed by various
laws and regulations both nationally and internationally.
 The same philosophy applies to states also to discharge their duties

towards their citizens.
 According to Prof Harold J. Laski the inter relationship between rights

and a duties are as follows:
 One's right implies the other's duty:
 This means every right of an individual automatically impose a duty on
others.
 For example, the right to freedom to move freely or privacy impose a duty
on others not to interfere with the right of movement or privacy of any
body, except regulated by law.
 One's right implies one's duty to recognise similar rights of others:
 This implies that every exercise of right is subject to restrictions.
 For example, one has freedom of speech and expression. However, at the
same time, everyone must bear in mind that the exercise of free speech and
expression in no way affects the rights of others or their life, liberty or
dignity of others.
 One should exercise his rights for the promotion of social good:
 If any person tries to misuse the rights, which affect the rights of others or of
the society or state, the Government has a duty to take appropriate legal
action to prevent such acts.
 For example, if a person tries to abuse his right to freedom of speech and
expression by indulging in spreading wrong aspects about a section of
people or of a particular religion, the state can take legal action.
 Any such action by the state is justified.
Unit 1: Contribution of American Bill of Rights
 The Bill of Rights is the name given to the first 10 amendments to the
US Constitution.
 The Bill of Rights consists of guarantees of civil liberties and checks on

state power; it was added in order to convince states to ratify the
Constitution.
 Why??
 By the time the Constitutional Convention met in Philadelphia in 1787, it had

become clear to many American leaders that a more powerful federal
government was necessary in order to effectively deal with the challenges
facing the young nation.
 Under the Articles of Confederation, the central government had neither the

power to raise taxes nor the authority to regulate interstate commerce.
Additionally, there was no established mechanism through which states could
adjudicate conflicts.
 Many of the delegates to the Constitutional Convention understood that the
Articles of Confederation would need to be supplanted entirely, not merely
revised.
 To this end, the delegates spent months debating and shaping the scope and
contours of a new and more powerful federal government.
 The result of the Constitutional Convention was the United States Constitution.

The Constitution created a federal government consisting of three separate
branches in order to impose checks and balances on the powers of each
branch.
 The executive branch would be headed by a president, who would be elected.
 The legislative branch would be composed of an upper house, the Senate, and

a lower house—the House of Representatives.
 Representation in the House would be based on population—including

counting enslaved men and women at the proportion of three to five for the
purposes of representation and taxation. Each state would elect two
representatives to the Senate.
 The judicial branch would consist of a Supreme Court and lower courts to

 The Bill of Rights
 The Bill of Rights consists of 10 amendments that explicitly guarantee

certain rights and protections to US citizens by limiting the power of
the federal government.
 The First Amendment
 The First Amendment prevents the government from interfering with

the freedoms of speech, peaceable assembly, and exercise of religion.
 The First Amendment provides several rights protections: to express ideas
through speech and the press, to assemble or gather with a group to protest or for
other reasons, and to ask the government to fix problems.
 It also protects the right to religious beliefs and practices. It prevents the
government from creating or favoring a religion.
 The Second Amendment declares that properly constituted militias
are a safeguard of liberty and that the right to bear arms will be
protected.
 The Third Amendment restricts the quartering of soldiers in private

homes—an extremely contentious issue that had led the colonists to
war with Great Britain.
 The Fourth Amendment protects citizens against unreasonable

searches and seizures of private property.
 The Fifth Amendment provides several protections for people accused of
crimes.
 It states that serious criminal charges must be started by a grand jury.
 A person cannot be tried twice for the same offense (double jeopardy) or
have property taken away without just compensation.
 People have the right against self-incrimination and cannot be imprisoned

without due process of law (fair procedures and trials.)
 The Sixth Amendment provides additional protections to people
accused of crimes, such as the right to a speedy and public trial, trial
by an impartial jury in criminal cases, and to be informed of criminal
charges.
 Witnesses must face the accused, and the accused is allowed his or
her own witnesses and to be represented by a lawyer.
 The Seventh Amendment extends the right to a jury trial in Federal civil cases.
 The Eighth Amendment bars excessive bail and fines and cruel and unusual

punishment.
 The Ninth Amendment states that listing specific rights in the Constitution does

not mean that people do not have other rights that have not been spelled out.
 The Tenth Amendment says that the Federal Government only has

those powers delegated in the Constitution. If it isn’t listed, it belongs to the
states or to the people.
Unit 1: French Revolution
 Declaration of the Rights of Man and of the Citizen, is one of the basic charters
of human liberties, containing the principles that inspired the
French Revolution.
 Its 17 articles, adopted between August 20 and August 26, 1789, by France’s
National Assembly, served as the preamble to the Constitution of 1791.
 Similar documents served as the preamble to the Constitution of 1793 (retitled

simply Declaration of the Rights of Man) and to the Constitution of 1795
(retitled Declaration of the Rights and Duties of Man and the Citizen).
 Articles under the Declaration of Rights for Men and Citizen
1. Men are born and remain free and equal in rights. Social distinctions may be
based only on common utility.
2. The purpose of all political association is the preservation of the natural and
imprescriptible rights of man. These rights are liberty, property, security, and
resistance to oppression.
3. The principle of all sovereignty rests essentially in the nation. No body and no
individual may exercise authority which does not emanate expressly from the
nation.
4. Liberty consists in the ability to do whatever does not harm another; hence the
exercise of the natural rights of each man has no other limits than those which assure
to other members of society the enjoyment of the same rights. These limits can only
be determined by the law.
5. The law only has the right to prohibit those actions which are injurious to society.
No hindrance should be put in the way of anything not prohibited by the law, nor may
any one be forced to do what the law does not require.
6. The law is the expression of the general will. All citizens have the right to take part,
in person or by their representatives, in its formation. It must be the same for
everyone whether it protects or penalizes. All citizens being equal in its eyes are
equally admissible to all public dignities, offices, and employments, according to their
ability, and with no other distinction than that of their virtues and talents.
7. No man may be indicted, arrested, or detained except in cases determined by the

law and according to the forms which it has prescribed. Those who seek, expedite,
execute, or cause to be executed arbitrary orders should be punished; but citizens
summoned or seized by virtue of the law should obey instantly, and render themselves
8. Only strictly and obviously necessary punishments may be established by the law,
and no one may be punished except by virtue of a law established and promulgated
before the time of the offense, and legally applied.
9. Every man being presumed innocent until judged guilty, if it is deemed

indispensable to arrest him, all rigor unnecessary to securing his person should be
severely repressed by the law.
10. No one should be disturbed for his opinions, even in religion, provided that their
manifestation does not trouble public order as established by law.
11. The free communication of thoughts and opinions is one of the most precious of
the rights of man. Every citizen may therefore speak, write, and print freely, if he
accepts his own responsibility for any abuse of this liberty in the cases set by the law.
12. The safeguard of the rights of man and the citizen requires public powers. These
powers are therefore instituted for the advantage of all, and not for the private benefit
of those to whom they are entrusted.
13. For maintenance of public authority and for expenses of administration, common
taxation is indispensable. It should be apportioned equally among all the citizens
according to their capacity to pay.
14. All citizens have the right, by themselves or through their representatives, to have
demonstrated to them the necessity of public taxes, to consent to them freely, to follow the use
made of the proceeds, and to determine the means of apportionment, assessment, and
collection, and the duration of them.
15. Society has the right to hold accountable every public agent of the administration.
16. Any society in which the guarantee of rights is not assured, or the separation of powers not
settled has no constitution.
17. Property being an inviolable and sacred right, no one may be deprived of it except when
public necessity, certified by law, obviously requires it, and on the condition of a just
compensation in advance.
14. All citizens have the right, by themselves or through their representatives, to have
demonstrated to them the necessity of public taxes, to consent to them freely, to follow the use
made of the proceeds, and to determine the means of apportionment, assessment, and
collection, and the duration of them.
15. Society has the right to hold accountable every public agent of the administration.
16. Any society in which the guarantee of rights is not assured, or the separation of powers not
settled has no constitution.
17. Property being an inviolable and sacred right, no one may be deprived of it except when
public necessity, certified by law, obviously requires it, and on the condition of a just
compensation in advance.
Unit 1: Declaration of Independence
 America got Independence on July 4, 1776.
 The three important documents for the same are called as charters of
Freedom.
 Declaration of Independence
 Constitution and
 Bill of Rights
 These three documents, have secured the rights of the American people for
more than two and a quarter centuries and are considered instrumental to
 The Declaration of Independence was approved by the
Continental Congress on July 4, 1776.
 The document announced the separation of 13 North American

British colonies from Great Britain.
 It was the last of a series of steps that led the colonies to final
separation from Great Britain.
 On June 7 Richard Henry Lee, a Virginian, asked the Continental Congress in
Philadelphia to consider declaring independence from Great Britain.
 The Congress appointed a committee of five to write the formal
declaration. Thomas Jefferson wrote the first draft. A few changes
were suggested by other members of the committee: John Adams,
Benjamin Franklin, Roger Sherman, and Robert R. Livingston.
 Jefferson began the document by proclaiming a set of natural rights

held by all and the responsibility of the government to protect those
rights.
 The Declaration of Independence states three basic ideas:
 God made all men equal and gave them the rights of life, liberty,
and the pursuit of happiness;
 the main business of government is to protect these rights;
 if a government tries to withhold these rights, the people are free
to revolt and to set up a new government.
 On July 2 the Continental Congress accepted the idea of
independence.
 It then debated the content of the Declaration over the next two
days.
 On July 4 the Declaration of Independence was accepted by the

representatives of 12 states.
 The New York delegation accepted it 11 days later.

 The Declaration of Independence, the founding document of the
United States, was approved by the Continental Congress on July 4,
1776, and announced the separation of 13
North American British colonies from Great Britain.
 It explained why the Congress on July 2 “unanimously” (by the votes

of 12 colonies, with New York abstaining) had resolved that “these
United Colonies are, and of right ought to be Free and Independent
States.”
 When, in the course of human events, it becomes necessary for one
people to dissolve the political bands which have connected them
with another, and to assume, among the powers of the earth, the
separate and equal station to which the laws of nature and of
nature’s God entitle them, a decent respect to the opinions of
mankind requires that they should declare the causes which impel
them to the separation.
 We hold these truths to be self-evident, that all men are created equal, that
they are endowed by their Creator with certain unalienable rights, that among
these are life, liberty, and the pursuit of happiness. That, to secure these
rights, governments are instituted among men, deriving their just powers from
the consent of the governed. That, whenever any form of government
becomes destructive of these ends, it is the right of the people to alter or to
abolish it, and to institute new government, laying its foundation on such
principles, and organizing its powers in such form, as to them shall seem most
likely to effect their safety and happiness.

https://www.britannica.com/topic/Declaration-of-Independence/T
ext-of-the-Declaration-of-Independence
Unit 1: Rights of Citizens
 Rights are claims that are essential for the existence and
development of individuals.
 In that sense there will a long list of rights. Whereas all these are
recognized by the society, some of the most important rights are
recognized by the State and enshrined in the Constitution.
 Such rights are called fundamental rights.
 These rights are fundamental because of two reasons.

 First, these are mentioned in the Constitution which guarantees them
and the second, these are justiciable, i.e. enforceable through courts.
 Being justiciable means that in case of their violation, the individual

can approach courts for their protection.
 If a government enacts a law that restricts any of these rights, it will

be declared invalid by courts.
 Such rights are provided in Part III of the Indian Constitution.

 The Constitution guarantees six fundamental rights to Indian citizens as
follows:
 (i) right to equality,
 (ii) right to freedom,
 (iii) right against exploitation,
 (iv) right to freedom of religion,
 (v) cultural and educational rights, and
 (vi) right to constitutional remedies.

 While these fundamental rights are universal, the Constitution
provides for some exceptions and restrictions.
 Right to Equality : Right to equality is very important in a society like
ours. The purpose of this right is to establish the rule of law where all
the citizens should be treated equal before the law.
 It has five provisions (Articles 14-18) to provide for equality before

law or for the protection of law to all the persons in India and to
prohibit discrimination on the grounds of religion, race, caste, sex or
place of birth.
 Equality before Law
 No Discrimination on the basis of Religion, Race, Caste, Sex or Place

of Birth
 Equality of Opportunity to all Citizens in matter of Public Employment
 Abolition of Untouchability
 Abolition of Titles
 Right to Freedom: You will agree that the freedom is the most
cherished desire of every living being.
 Human beings want and need freedom.
 You also want to have freedom.
 The Constitution of India provides Right to Freedom to all its citizens.

This Right is stipulated under Articles 19-22. The following are the
four categories of Rights to Freedom:
 Six Freedoms: Article 19 of the Constitution provides for the
following six freedoms:
 (a) Freedom of speech and expression
 (b) Freedom to assemble peacefully and without arms
 (c) Freedom to form Associations and Unions
 (d) Freedom to move freely throughout the territory of India
 (e) Freedom to reside and settle in any part of India
 (f) Freedom to practice any profession or to carry on any occupation, trade or
business
 Protection in respect of conviction for offences: Article 20 of the
Constitution provides for the protection in respect of conviction for
offences.
 No one can be convicted for an act that was not an offence at the time of its
commission, and no one can be given punishment greater than what was
provided in the law prevalent at the time of its commission.
 Also, no one can be prosecuted and punished for the same offence more
than once and can be forced to give witness against his or her own self.
 Protection of life and personal liberty: As provided in Article 21, no
one can be deprived of his or her life or personal liberty except
according to the procedure established by law.
 Protection against arrest and detention in certain cases: It is

provided in Article 22 that whenever a person is arrested, he or she
should be informed, as soon as it is possible, of the grounds for arrest
and should be allowed to consult and to be defended by a legal
practitioner of his or her choice.
 Right against Exploitation: Traditionally, the Indian society has been
hierarchical that has encouraged exploitation in many forms.
 Which is why, the Constitution makes provisions against exploitation.
 The citizens have been guaranteed the right against exploitation

through Articles 23 and 24 of the Constitution. These two provisions
are:
 Prohibition of traffic in human beings and forced labor
 Prohibition of employment of children in factories, etc
 Right to Freedom of Religion: Since India is a multi-religion
country, where Hindus, Muslims, Sikhs, Christians and many other
communities live together, the Constitution declares India as a ‘secular
state’.
 It means that Indian State has no religion of its own.
 But it allows full freedom to all the citizens to have faith in any religion and
to worship, the way they like. But this should not interfere with the
religious beliefs and ways of worship of other fellow beings.
 In respect of the Right to freedom the Constitution makes the
following four provisions under Articles 25-28:
 Freedom of conscience and free profession, practice and propagation

of religion
 Freedom to manage religious affairs
 Freedom as to the payment of taxes for promotion of any religion

 Freedom as to attendance at religious instruction or religious worship
in certain educational institutions
 Cultural and Educational Rights: India is the largest democracy in the
world having diversity of culture, scripts, languages and religions.
 As we know the democracy is a rule of the majority.
 But the minorities are also equally important for its successful working.
 Therefore, protection of language, culture and religion of the

minorities becomes essential so that the minorities may not feel
neglected or undermined under the impact of the majority rule.
 Since people take pride in their own culture and language, a special
right known as Cultural and Educational Right has been included in
the Chapter on Fundamental Rights. In Articles 29-30 two major
provisions have been made
 Protection of interests of minorities
 Right of minorities to establish and administer educational institutions

 Right to Constitutional Remedies: Since Fundamental Rights are
justiciable, they are just like guarantees.
 They are enforceable, as every individual has the right to seek the
help from courts, if they are violated.
 But in reality, it is not so.
 Encroachment or violation of Fundamental Right in our day to day life

is a matter of great concern.
 Which is why, our Constitution does not permit the legislature and
the executive to curb these rights.
 It provides legal remedies for the protection of our Fundamental

Rights.
 This is called the Right to Constitutional Remedies stipulated in

Article 32.
 When any of our rights are violated, we can seek justice through
 Right to Education (RTE) : The Right to Education is added by
introducing a new Article 21A in the Chapter on Fundamental Rights
in 2002 by the 86th Constitutional Amendment.
 It was a long standing demand so that all children in the age group of
6-14 years (and their parents) can claim compulsory and free
education as a Fundamental Right.
 It is a major step forward in making the country free of illiteracy.

 But this addition remained meaningless, as it could not be enforced
until 2009 when the Parliament passed the Right to Education Act,
2009.
 It is this Act which aims at ensuring that every child who is between
6-14 years of age and is out of the school in India, goes to school and
receives quality education, that is his/her right.
Unit 1: Rights of Working and Exploited People
 One of the most important constitutional acts of the Soviet republic,
which legislatively confirmed the achievements of the Great October
Socialist Revolution and proclaiming the basic principles and tasks of
the socialist state.
 The declaration was drafted by Lenin and adopted on Jan. 12 (25), 19
18, by the Third All Russian congress of Soviets of workers and
soldiers deputies and then on Jan. 18 (31), 1918, by the Third All-
Russian Congress of Soviets.
 The declaration proclaimed Russia to be a republic of soviets of
workers’, soldiers’, and peasants’ deputies, power being vested
wholly and entirely in the working people and their authorized repres
entatives—the soviets of workers’, soldiers’, and peasants’ deputies.
 It established the federal principle of the structure of the Soviet state
as a free union of free nations and established the system of the high
er organs of state power.
 It stated that the fundamental aim of Soviet power was to abolish all
exploitation of man by man, to eliminate completely the division of
society into classes, to crush the resistance of the exploiters, and to
establish a socialist organization of society.
 It confirmed the abolition of the private ownership of land and the
establishment of the laws on workers’ control, the Supreme Council
on the National Economy, and the nationalization of banks.
 The declaration confirmed the principles of Soviet foreign policy: the
policy of peace, abolition of secret treaties, and respect for the
national sovereignty of all nations.
 The Declaration consisted of four sections.
 The first section defined policy framework of the Soviet socialist state.
Russia was proclaimed a republic of Soviets, which owned all the
power in the center and locally.
 The Soviet Republic was established based on a free union of free
nations, as a federation of Soviet national republics.
 The second section defined the major task of the socialist state - the
building of socialism; declared was the abolition of private ownership
of land, the introduction of workers' control, the nationalization of
banks.
 The compulsory labor conscription was administered, and the

creation of the Red Army proclaimed.
 The third section established the basic principles of foreign policy:
the struggle for peace, the abolition of secret treaties of tsarist and
Provisional governments, the cancellation of foreign loans obtained
by them.
 It also approved the proclamation of Finland's independence by the

Soviet of People's Commissars, declaration of freedom of self-
determination of Armenia.
 The fourth section declared the removal of the exploiting classes
from participation in the governing of the Soviet state, workers and
peasants of every nation were given the opportunity to take an
independent decision about participation in the federal government
and other Soviet federal institutions.
Unit 2: Fundamental Rights and Economic Programs
 The Karachi Resolution was passed by the Indian National Congress at its
1931 Karachi session.
 The Session was conducted in the shadow of three major events.

 First, Mahatma Gandhi had just been released from prison following his Salt
Satyagraha.
 Second, the Gandhi-Irwin pact had just been concluded which had brought the civil
disobedience movement to an end.
 And third, the British government had, a week before the session, executed Bhagat
Singh and two of his associates in connection with the Kakori Conspiracy case.
 The Resolution is three pages long and is mostly written in a quasi-
legal style.
 It reiterated the Congress Party’s commitment to ‘Purna Swaraj’ or

‘complete independence’.
 In addition to fundamental rights which protected civil liberties,

the Resolution for the first time put forward a list of socio-economic
principles/rights that the Indian state had to adhere to.
 These included:
 protections for industrial workers,
 abolishing of child labor,
 free primary education and protections for agricultural labor.
 The Resolution also, which seems to be a Gandhian influence,
prohibited intoxicating drinks and drugs.
 The socio-economic provision in the Karachi Resolution went on to
influence the Constituent Assembly in drawing up Part IV of the
Indian Constitution – the Directive Principles of State Policy.

 This Congress is of opinion that in order to end the exploitation of the
masses, political freedom must include real economic freedom of the
starving millions.
 In order therefore, that the masses may appreciate what Swaraj as
conceived by the Congress will mean to them, it is desirable to state
the position of the Congress in a manner easily understood by them.

 The Congress therefore declares that any constitution that may be
agreed to on its behalf, should include the following items, or should
give the ability to the Swaraj Government to provide for them

1. Fundamental rights of the people such as
 Freedom of association and combination.
 Freedom of speech and press

 Freedom of conscience and the free profession and practice of religion,
subject to public order and morality.
 No disability to attach to any person of religion, caste or creed in regard to
public employment, office of power honor and the exercise of any trade or
calling.
 Equal rights and obligations of all citizens, No civic bar on account of sex.
 Equal rights to all citizens of access to and use of public roads, public wells
and all other places of public resort.
 Right to keep and bear arms in accordance with regulations made in that
behalf and such reservations as may be required- for public safety.

2. Religious neutrality on part of the state.
3. A living wage for industrial workers, limited hours of labor, healthy
conditions of work, protection against the economic consequences of
old age, sickness. and unemployment.
4. Labor to be freed from serfdom (Slavery) or conditions bordering on
serfdom.
5. Protection of women workers, and especially adequate provisions for
leave during maternity period.
6. Prohibition against employment of children of school going age in
factories.
7. Right of labor to form unions to protect their interests with suitable
machinery for settlement of disputes by arbitration (mediation).

8. Substantial reduction of land revenue and rent and in case of
uneconomic holdings exemption from rent for such period as may be
necessary.
9. Imposition of a progressive income-tax on agricultural income above a
fixed income.
10. A graduate inheritance tax.
11. Adult suffrage (the right to vote in political elections)
12. Free Primary education.
13. Military expenditure to be reduced by at least one-half of the present
scale.
14. Expenditure and salaries in civil departments to be largely reduced.
No servant of the state, other than specially employed experts and the
like to be paid above a certain fixed figure which should not ordinarily
exceed Rs 500/- per month.
15. Protection of indigenous cloth by exclusion of foreign cloth and
foreign yarn from the country.

16. Total prohibition of intoxicating drinks and drugs.
17. No duty on salt
18. State regulation of the exchange ratio so as to help to Indian
industries and bring relief to the masses
19. Control by the state or key industries and mineral resources.

20. It will be open to the All-India Congress Committee to revise, amend
or add to the foregoing so far as such revision, amendment or addition
is not inconsistent with the policy and principles thereof.

Unit 2: Society, religion, culture, and their inter relationship
Society:
People who interact in a such a way as to share a common culture. The culture
bond may be:
• Ethnic
• Racial
• Gender based
• Based on shared belief
• Values and activities
Components of society: People, Communication and culture
Ex. Farmer society, Industrial society
Religion:
A religion is a social cultural system of designated behaviour , belief and social

practices of humans with morals, worldviews, texts, sanctified places, prophecies,
ethics with relation to supernatural or spiritual elements.
Ex. Hinduism, Jainism, Buddhism, Islam, etc.
Culture :
It is the characteristic and knowledge of a particular group of people encompassing

language, religion, social habits, music and arts.
Ex. Western culture, eastern culture etc.

• Society is the term to describe human beings together (collective, the sum of
their social networks and social interactions).
• It can also mean a specific group of people who interact, as well as a wider
society of which they are members.
• People form societies in order to gain greater benefits as a group than would
be possible separately.
• Many animals beside humans also do this, such as wolves or ants.
• Sociology is the name for the study of society.

• A society is often considered in terms of citizenship, rights, and ethics.
• The strength and unity of any society's members' willingness to help each
other is to be measured can be called social capital.
• Human societies are characterized by

• patterns of relationships between individuals who share a distinctive
culture and institutions.;
• a given society may be described as the sum total of such relationships
among its constituent members.
• A society can also consist of like-minded people governed by their own
norms and values within a dominant, larger society.
• This is sometimes referred to as a subculture, a term used extensively within

criminology.
• Religion has historically influenced Indian society on a political, cultural and
economic level.
• There is a sense of pride associated with the country’s rich religious history as
the traditions of Hinduism, Buddhism, Sikhism and Jainism all emerged in
India.
• There is a rich religious history visible in architecture, and it is not uncommon

to find various places of worship, such as a Hindu temple, Muslim mosque
and Christian church, all next to each other.
Culture:
A culture is a way of life of a group of people--the behaviors, beliefs, values,

and symbols that they accept, generally without thinking about them, and that
are passed along by communication and imitation from one generation to the
next.
• The word "culture" derives from a French term, which in turn derives from
the Latin "colere," which means to tend to the earth and grow, or cultivation
and nurture.
• Culture is considered a central concept in anthropology, encompassing the
range of phenomena that are transmitted through social learning in
human societies.
• There are different culture in all human societies; these include expressive
forms like art, music, dance, ritual, religion, and technologies like tool
usage, cooking, shelter, and clothing.
The Cultural
Iceburg
 Culture consist of object of Society and society consist of people who share
common culture
 Society is a broader term which included culture and one society may
contain people from different location sharing common culture
 Culture and society are intricately related. Both affect each other and both
are effected by each other.
 Culture is consist of belief, value system, language, artefacts etc., which are
small parts of society.
Ethnocentrism: This is the belief system that one’s own culture is best.
 Relationship Between Culture and Society
 Society is the bigger, cooperating group with an organized sense of
relationship
 A society, or a human society, is a group of people involved with each other
through persistent relations, or a large social grouping sharing the same
geographical or social territory, typically subject to the same political
authority and dominant cultural expectations.
 It is the sum of interactions and people
 What is Culture?
 It can be seen as the tradition that creates cohesion and continuity
 It has a lot of different meanings
 It has traits of populations behavior, values and beliefs
 Difference?
 Base
 Culture is based off of historical precedence (the thing that comes first)
 Society is an agreement on how each member should behave
 Scope
 Society represents the overall big picture
 Culture is a part of the society
 Flexibility
 Culture is changing constantly and exclusively
 Society is more stable and inclusive
 Difference?
 Examples
 Fashion, language, traditional products, music, arts and ideals
 Villages, small towns and big cities
 Relationship?
 Present and continuous movement
 Are closely related and are interlinked
 But they are not interchangeable
 Culture plays a key role in the formation of a society
 Characteristic of relation between culture and society
 Mutual existence
 Non identical
 Essential differences
 Mutual Existence
 Culture and society are coexistent
 No culture can exist without society and vice versa
 Non identical
 They may have some common elements but the two are not the same, they
are not identical
 Essential difference
 Society is composed of people
 Culture consist of knowledge, ideas, customs, traditions, beliefs, skills,
institutions, organizations and artifacts (an object that is made by a person)
 Religion and Culture
 The issue of religion and culture can be seen as man’s greatest asset
as they have been with man right from the creation.
 It is often said that man, culture and religion co-exist together.
 Thus, culture can be defined as the complex whole which includes
knowledge, belief, art, law, morals, customs and any other
capabilities and habits acquired by man as a member of the society.
 Whereas Religion can also be defined as the varied symbolic
expression of and appropriate response to that which people
deliberately affirm as being of unrestricted value for them.
 Religion is an organized collection of belief systems, cultural systems,
and world views that relate humanity to spirituality and, sometimes,
to moral values.
 The interrelationship between religion and culture can be
summarized as
 Religion and culture are as old as mankind itself.
 Both are the foundations where both ancient and modern norms
and values of societies were rooted
 Culture begets (Generate/ Create) religion, where the religion of a
place begets societal settings.
 Societal values, norms, rites of passage and ritual associated with
one's culture can be traced to the kind of religion practices.
 Religion and culture remold an individual for better consciousness
and awareness.
From the above statements, one can deduce that there exist and
interrelationship between religion and culture not only in our families or
societies but in every aspect of our human lives.
Unit 2: Social Structure
The word ‘Structure’ in its original English meaning refers to “building
construction” or “arrangement of parts”, or “manner of organization”.
For example, a building which has structure consists of various parts such as
stones, sand, bricks, iron, cement, wood, glass etc.
Unit 2: Impact of social structure on human behaviour
In the same way, society too has its own structure called ‘social
structure’. The components or units of social structure are “persons”.
 Social Structure
• Social structure is made up of statuses and roles.
• A status is position in social structure and the role is how one should behave
in society.
• According to Karl Marx, the basic structure of society is economic, or

material, and this structure influences the rest of social life, which is defined
as nonmaterial, spiritual, or ideological.
• In his view, the components of the social structure have indispensable
functions for one another; the continued existence of the one component is
dependent on that of the others and for the society as a whole, which is seen
as an integrated, organic entity.
• His comparative studies of preliterate societies demonstrated that the

interdependence of institutions regulated much of social and individual life.
 The concept of social structure became popular amongst the

sociologists, after the World War II.
 Herbert Spencer was the first sociologist to through light on the
structure of the society.
 According to him the meaning of social structure can be easily
understood if we take an example of the organic structure of body.
 Body is an arrangement of different parts like legs ,mouth ,nose and
ears ,etc.
 The body works through these interdependent and inter-related

parts.
 Social structure also consists of many parts like families,
schools ,factories, offices , nongovernmental origination , jails , police
and hospitals ,etc.
 Social Structure is recurring pattern of social behavior.

 It is based on the working of subgroups and there is always a close
relationship between roles and sub-groups because each role
occupant is required to perform certain duties towards the members
of a sub-group.
 People are influenced by the norms and beliefs of their cultures and
society. This influence can take a more personal and intimate level or
a more general and widespread level that affects large numbers of
people.
 The major components of social structure include culture, social class,
social status, roles, groups, and social institutions.
 Social structure guides people’s behaviors.
 A person’s location in the social structure (his or her social class,
social status, the roles he or she plays, and the culture, groups, and
social institutions to which he or she belongs) underlies his or her
perceptions, attitudes, and behaviors.
 People develop these perceptions, attitudes, and behaviors from their
place in the social structure, and they act accordingly.
 All of the components of social structure work together to maintain
social order by limiting, guiding, and organizing human behavior.
 Social institutions are the organized, usual, or standard ways by which
society meets its basic needs.
 In industrial and postindustrial societies, social institutions include the
family, religion, law, politics, economics, education, science,
medicine, the military, and the mass media.
 Social structure is not static. It responds to changes in culture,
technology, economic conditions, group relationships, and societal
needs and priorities.
 Social structure is defined as the patterned relationships between
people that persist over time.
 Behaviors and attitudes are determined by our location in the social
structure.
 Components of social structure are culture, social class, social status,
roles, groups, and institutions.
 Culture refers to a group's language, beliefs, values, behaviors, and
gestures.
 It includes the material objects used by a group.
 It determines what kind of people we will become.
 Social class is based on income, education, and occupational prestige.
 Large numbers of people who have similar amounts of income and
education and who work at jobs that are roughly comparable in
prestige make up a social class.
 Social status refers to the positions that an individual occupies.
 A status may carry a great deal of prestige (judge or astronaut), or very
little (gas station attendant or cook in a fast-food restaurant).
 An individual’s position in a group or society
 People belong to many groups and obtain different status in each
 A way to define where individuals fit in society and how they relate to others
Types of Status
1. Ascribed
2. Achieved
3. Master
 Ascribed Status
 Assigned according to qualities beyond a person’s control; inherited
 Not based on abilities, efforts or accomplishments
 Examples:
 Senior Citizen
 Teenager
 Niece/Nephew
 Achieved Status
 Acquired through direct efforts, skills, knowledge or abilities
 Examples:
 Actor
 Basketball Player
 Artist
 Class Representative
 Parent
 Master Status
 This status plays the greatest role in shaping a person’s life and
determining his or her social identity
 Either Achieved or Ascribed
 Examples : Occupation, Wealth, Marital Status or Parenthood
 Changes over the years

 Roles
 Roles are the behaviors, obligations, and privileges attached to a

status.
 The individual occupies a status but plays a role.
 Roles are an essential component of culture because they lay out

what is expected of people, and as individuals perform their roles,
those roles mesh together to form the society.
 Roles are Expected behavior patterns that every status carries.
 How do we learn roles?

 Through socialization: Our interactions with people, where we
learn skills, values, beliefs and patterns of behavior.
 Role Expectation and Performance
Role Expectation Role Performance
Socially determined behaviors Actual role behavior
expected of a person performing
the role
Determined by society/culture Does not always match expected
behavior by society
Examples: Examples:
Doctors: Treat patients Doctors: Not treating patients with
Parents: care for their children great care
Parents: Neglecting children
Unit 2: Social Structure and Social Problems
 A social problem is a condition or a type of behavior that many people
believe is harmful.
 Some conditions clearly hurt people, such as lacking enough money to

buy basic food, shelter, and clothing; being unable to find a job; or
suffering from the effects of a polluted environment.
 However, the extent to which any of these or other conditions or

behaviors becomes social problems is based not only on the reality of
their existence but on the level of public concern.
 The two basic contexts related to social problems are
 Social structure
 Culture
 Social structure is the expression for relatively stable patterns of
social behavior and relationships among people.
 It means how a society is organized.
 A social institution is a continuing pattern of social relationships
intended to fulfill people’s basic needs and aspirations and carry out
functions essential to the operation of society.
 The most important institutions include the family, education, the

economy, politics and government, health care, organized religion,
and the communications media.
 A major aspect of social structure is social stratification, which refers
to inequality among people regarding important social factors
including access to education, income, property, power, and prestige.
 For example, a child born into a family in the wealthiest one percent
of the population is likely to be educated in private high schools
where tuition and fees often equal or exceed the cost of attending.
 Whereas social structure refers to how society is organized, culture refers to the
knowledge, ways of thinking, shared understandings of behavior, and physical objects
that characterize a people’s way of life.
 The elements of culture particularly important for understanding social problems are
values, norms, beliefs, and symbols.
 People’s values can influence whether they view specific conditions or behaviors as
social problems.
 For example, since most Americans share the value of equality of opportunity, they tend
to view poverty, which limits access to educational opportunity, as a social problem
Unit 2: Impact of Social Structure on Human Behavior
Unit 2: Impact of Social Structure on Human Behavior
Unit 2: Impact of Religon on Human Behaviour
• Religion encourages the moral values
• By providing moral values one is able to distinguish right and wrong, good or evil.
• It also provides systems of reward and punishment that administers and
standardizes people behaviour in society
• Religion can also be susceptible to conflict and war between society or nations.
• History witnessed numerous lives scarified and lost in the name of religion and this
phenomenon continues up to present time.

Unit 2: Social and Communal Conflicts and Social Harmony
Social and
Communal
Conflicts and
Social Harmony
 Conflict is actual or perceived opposition of needs, values and interests.

 Conflict as a concept can help to explain many aspects of social life such as
 social disagreement, conflicts of interests and fights between individuals, groups
and organization.
Social Conflict:
It is the condition when a society acts as an arena of inequality and that generates disagreement between
members of society.
• Causes of social conflicts:
• Violation of human rights
• Gender inequality
• Financial reforms/national debts
• Healthcare reform
• Education
• Racism
• Immigration
• Animal rights/welfare
• Environment/ecology
• Civil rights
• Social security
 Communal Conflicts:
 The conflict between different community due to issue related to religion is called
as communal conflict.
 The rising trend of communalism and accompanying violence have created a
feeling of insecurity among the religious society.
 Communalism is an ideology which states that society is divided into religious
communities whose interest are different and hence oppose to each others' views.
• The antagonism (a feeling of hate and of being against somebody) practiced by the
people for others community is the main reason for communalism.
 Communal Conflicts:
 Communal Persons are those who practise the politics through religion and such
people are causing communal conflicts.
 Communal means not a person with religion but communal is person who don’t
follow originality of his/her religion.
 Communal riots are more politically motivated than fuelled by religion.
 Besides political interest, economic interest too play a vital role in spreading
clashes.
 Causes of Communal Conflicts:
Social factors Religious factors Political factors
Legal factors Economic factors Psychological factors
Administrative factors Historical factors Local factors
International factors
 Social / Communal Harmony:
 Communal harmony means that people of different religions, castes, creeds, sex
and different background live together in the society with love and peace.
 Communal Harmony is the great nature of India and India is that community,
where various types of religions and beliefs are living together since many
centuries.
 To maintain social harmony,
 We must know our own roles.
 We should also know the roles that others play, and the rules such roles
follow.
 Social / Communal Harmony:
• Every year 20 August is celebrated as “SADBHAVANA DIWAS” or Communal
Harmony Day to commemorate birth anniversary of late Rajiv Gandhi,
former Prime Minister of India.
• This day is observed to encourage national integration, peace, affection
and communal harmony among Indian people of all religions.
 Examples of Social / Communal Harmony:
 The Great Chhatrapati Shivaji Maharaj:

 Siddi Ibrahim Khan: Chief of the Artillery in Shivaji Maharaj’s
kingdom
 Shahaji and Sharifji are the names taken for respect of a Muslim
saint called Shah Sharif.
 Examples of Social / Communal Harmony:
 According to National Human Rights Commission:
“Communal harmony is the hallmark of a democracy. No religion

teaches hatred. If in the name of religion, people are killed, that is
essentially a slur and blot on the society governed by the rule of law.
The Constitution of India, in its Preamble refers to secularism.
Religious fanatics really do not belong to any religion. They are’ no
better than terrorists who kill innocent people for no rhyme or reason
in a society which as noted above is governed by the rule of law”.
Unit 2: Rural Poverty
 Poverty is a social phenomenon in which a section of the society is unable to fulfil

even its basic necessities of life. If such situation present in rural area, then it is
called rural poverty.
 A poverty line separates the poor section of the population from the
non-poor section.
 A poverty line is identified in monetary units as the level of
consumption expenditure required in order to avoid poverty.
 A common method used to estimate poverty in India is based on the
income or consumption levels and if the income or consumption falls
below a given minimum level, then the household is said to be
Below the Poverty Line (BPL).
 A poverty line separates the poor section of the population from the
non-poor section.
 A poverty line is identified in monetary units as the level of
consumption expenditure required in order to avoid poverty.
 A common method used to estimate poverty in India is based on the
income or consumption levels and if the income or consumption falls
below a given minimum level, then the household is said to be
Below the Poverty Line (BPL).
 BPL according to C Rangarajan panel is Rs. 32 a day for rural areas
and Rs. 47 a day for urban areas.
 Developing countries have higher rate of rural poverty than
developed country.
 Factors responsible for Rural Poverty
 Lack of infrastructure Geographic barriers Insufficient access to
market
 Lack of non-motorised load carrying vehicles Inadequacies of social services
and education
 Political issues Communication gap between government plans and
ultimate beneficiaries
 Environmental issues Technologies not meeting up to end
 Personnel and social factors of rural people Lack of medical facilities
 Poverty and Human Rights
 People living in extreme poverty are often neglected or overlooked

by politicians, service providers and policy-makers due to their lack of
political voice, financial and social capital and their chronic social
exclusion.
 They are disproportionately affected by many human rights
violations. Discrimination against people living in poverty is
widespread and widely tolerated.
 Poverty and Human Rights
 The Human Rights Council adopted the Guiding Principles on

Extreme Poverty and Human Rights by consensus through its
resolution 21/11, in September 2012.
 The Guiding Principles on Extreme Poverty and Human Rights are the
first global policy guidelines focused specifically on the human rights
of people living in poverty.
 Foundational Principles
 The following principles are essential to an approach based on human

rights and must provide the foundations for the design and
implementation of all public policies related to poverty reduction or
affecting persons living in poverty.
 Dignity, universality, indivisibility, interrelatedness and

interdependence of all rights
 Equal enjoyment of all human rights by persons living in extreme
poverty
 Equality between men and women
 Rights of the child
 Agency and autonomy of persons living in extreme poverty
 Participation and empowerment
 Transparency and access to information
 Accountability
 Specific Rights
 Right to life and physical integrity
 Rights to liberty and security of the person
 Right to equal protection before the law, access to justice and effective remedies
 Right to recognition as a person before the law
 Right to privacy and to protection for home and family
 Right to an adequate standard of living
 Right to adequate food and nutrition
 Rights to water and sanitation

 Specific Rights
 Right to adequate housing, security of tenure and prohibition of forced eviction
 Right to the highest attainable standard of physical and mental health
 Right to work and rights at work
 Right to social security
 Right to education
 Rights to take part in cultural life and to enjoy the benefits of scientific progress and its
applications
 Poverty alleviation programs in India
 Jawahar Gram Samridhi Yojana (JGSY)

 National Old Age Pension Scheme (NOAPS)
 National Family Benefit Scheme (NFBS)
 Annapurna
 Integrated Rural Development Program (IRDP)
 Pradhan Mantri Gramin Awaas Yojana.
Unit 2: Unemployment
 There is only one official definition of unemployment—people who are jobless,

actively seeking work, and available to take a job.
 The official unemployment rate for the nation is the number of unemployed as a
percentage of the labor force (the sum of the employed and unemployed).
 The unemployment rate is the number of people unemployed divided
by the working population or people working under labor force.
 Unemployment rate = (Unemployed Workers / Total labor force) ×
100
 In India the unemployment rate is measured on the basis of following
three approaches
 Daily Status Approach: A person having no gainful work even for one hour in a day is
described as unemployed for that day.
 Weekly Status Approach: A person who did not have gainful work or were unemployed
even for an hour on any day of the week preceding the date of the survey.
 Usual Status Approach: This gives the estimates of those persons who were
unemployed or had no gainful work for a major time during the 365 days.
 Types of unemployment in India
 Disguised Unemployment: This is a type of unemployment where people employed are more than
needed.
 Structural Unemployment: Mismatch between the worker’s skills and availability of jobs in the market.
 Seasonal Unemployment: Seasonal labors.
 Vulnerable Employment: People can be hired and fired without notice at any point, unsafe work
environments, and complete violation of labor laws.
 Technological Unemployment: The situation when people lose their jobs due to advancement in
technologies.
 Cyclical Unemployment: According to recessions cycle.
 Frictional Unemployment: short span and switching in between job.
 Causes of unemployment in India
 Large population.
 Lack of vocational skills or low educational levels
 Slowdown in private investment particularly after demonetization
 The low productivity in the agriculture sector .
 legal complexities, Inadequate state support, low infrastructural, financial and market linkages to small businesses
making such enterprises unviable with cost and compliance overruns.
 Inadequate growth of infrastructure and low investments in the manufacturing sector, hence restricting the
employment potential of the secondary sector.
 The huge workforce of the country is associated with the informal sector.
 The main cause of structural unemployment is the education provided in schools and colleges are not as per the current
requirements of the industries.
 Regressive social norms that deter women from taking/continuing employment.
 Human rights and Unemployment
 As per article 23 of UDHR
 Everyone has the right to work, to free choice of employment, to just and
favorable conditions of work and to protection against unemployment.
 Everyone, without any discrimination, has the right to equal pay for equal work.
 Everyone who works has the right to just and favorable remuneration ensuring for
himself and his family an existence worthy of human dignity, and supplemented, if
necessary, by other means of social protection.
 Everyone has the right to form and to join trade unions for the protection of his
Unit 2: Bonded Labour
A person becomes a bonded laborer when their labor is demanded as a means of

repayment for a loan. The person is then tricked or trapped into working for very little
or no pay.
 Bonded labor - or debt bondage - is probably the least known form of
slavery today, and yet it is the most widely used method of enslaving
people.
 Bonded labor is prohibited in India by law vide Articles 21 and 23 of
the Constitution.
 A specific law to prohibit the practice was legislated only in 1976
known as the Bonded Labor System (Abolition) Act.
 Despite the statutory prohibition, bonded labor is widely practiced.
 The worst affected are the children and women particularly those
from the Dalit community.
 The legal framework against bonded labor provided in the Bonded
Labor System (Abolition) Act, 1976 is supported by other legislations
like the Contract Labor (Regulation and Abolition) Act, 1970; the
Inter-State Migrant Workmen (Regulation of Employment and
Conditions of Service) Act, 1979; the Minimum Wages Act, 1948.
 Bonded labor is characterized by a relationship between employer and
employee, through a loan, and is embedded intricately in India’s socio-
economic culture—a culture that is a product of class relations, a colonial
history, and persistent poverty.
 Also known as debt bondage, bonded labor is a specific form of forced labor
in which compulsion into servitude is derived from debt.
 Categorized and examined in the scholarly literature as a type of forced
labor, bonded labor entails constraints on the conditions and duration of
work by an individual.
 Initiatives of the National Human Rights Commission
 The Supreme Court in the Writ Petition (No. 3922/1985) - Public
Union for Civil Liberties Vs State of Tamil Nadu & Others - requested
the NHRC in 1997 to get involved in the monitoring of the
implementation of the Bonded Labour System (Abolition) Act, 1976.
 Following charter of activities have been taken up by the Commission
on the issue of Bonded Labor:
 Please Refer Bonded Labor pdf shared in learning Material on MS
Teams Channel
Unit 3: Migrant Workers and Human Right Violations
 What are Migrant Workers??
 A person who moves to another country or area in order to find
employment, in particular seasonal or temporary work.
 Migrant workers, who are not organized under any trade unions and
their labor standards, are not protected by the government as well as
trade unions, these migrant workers are illiterate, ignorant.
 They do not get minimum wages stipulated under the Minimum
Wages Act.
 One of the reasons behind the Human Rights Violation of State
Migrants workers in India are political and economic.
 State Migrants are outsiders in other State, they do not vote and thus
cannot put governments under electoral pressure.
 The problems of migrant workers have become very important in
many developing countries of the world.
 The National Commission on Rural Labour in India (NCRL,1991)
estimates more than 10 million circular migrants in the rural areas
alone.
 Migrants might be defined by foreign birth, by foreign citizenship, or
by their movement into a new country to stay temporarily
(sometimes for as little as one month) or to settle for the long-term.
 Types of Migrant Workers
 Internal migration: moving within a state, country, or continent.
 External migration: moving to a different state, country, or continent.
 Emigration: leaving one country to move to another.
 Immigration: moving into a new country.
 Human Rights and Migrant Workers
 All persons, regardless of their nationality, race, legal or other status, are
entitled to fundamental human rights and basic labor protections, including
migrant workers and their families.
 Migrants are also entitled to certain human rights and protections
specifically linked to their vulnerable status.
 The human rights of migrant workers and their families include the
following universal, indivisible, interconnected and interdependent human
rights:
 The human right to work and receive wages that contribute to an
adequate standard of living.
 The human right to freedom from discrimination based on race, national
or ethnic origin, sex, religion or any other status, in all aspects of work,
including in hiring, conditions of work, and promotion, and in access to
housing, health care and basic services.
 The human right to equality before the law and equal protection of the
law, particularly in regard to human rights and labor legislation, regardless
 The human right to equal pay for equal work.
 The human right to freedom from forced labor.
 The human right to protection against arbitrary expulsion from the State of
employment.
 The human right to return home if the migrant wishes.
 The human right to a standard of living adequate for the health and well-
being of the migrant worker and his or her family.
 The human right to safe working conditions and a clean and safe working
environment.
 The human right to reasonable limitation of working hours, rest and leisure
 The human right to freedom of association and to join a trade union.
 The human right to freedom from sexual harassment in the workplace.
 The human right to protection during pregnancy from work proven to be harmful.
 The human right to protection for the child from economic exploitation and from
any work that may be hazardous to his or her well-being and development.
 The human right of children of migrant workers to education.
 The human right to reasonable limitation of working hours, rest and leisure
 Constitutional Rights of Migrant Workers
• The Constitution of India from, Articles 14-16, 19(1)(c), 23-24, 38, and
41- 43A directly concern labor rights.
• Article 14 states everyone should be equal before the law, article 15
specifically says the state should not discriminate against citizens,
and article 16 extends a right of "equality of opportunity" for
employment or appointment under the state.
• Article 19(1)(c) gives everyone a specific right "to form associations or unions".
Article 23 prohibits all trafficking and forced labor, while article 24 prohibits
child labor under 14 years old in a factory, mine or "any other hazardous
employment".
• Article 38(1) says that in general the state should "strive to promote the welfare
of the people" with a "social order in which justice, social, economic and political,
shall inform all the institutions of national life. In article 38(2) it goes on to say the
state should "minimize the inequalities in income" and based on all other
statuses.
• Article 39 (d) Constitution of India proclaims 'equal pay for equal work
for both men and women' as a Directive Principle of State Policy.
'Equal pay for equal work for both men and women' means equal pay
for equal work for everyone and as between the sexes.
• Article 41 creates a "right to work", which the National Rural
Employment Guarantee Act 2005 attempts to put into practice. Article
42 requires the state to "make provision for securing just and human
conditions of work and for maternity relief".
• Article 43 says workers should have the right to a living wage and
"conditions of work ensuring a decent standard of life". Article 43A,
inserted by the Forty-second Amendment of the Constitution of India
in 1976, creates a constitutional right to codetermination by requiring
the state to legislate to "secure the participation of workers in the
management of undertakings".
 For violation of human rights of migrant workers in India refer file
uploaded in the MS Teams Channel
Unit 3: Human Rights of Mentally and Physically Challenged
 What are mentally and physically challenged people?
 A person who has a `physical or mental handicap" means any person who has
a physical or mental impairment which substantially limits one or more of such
person's major life activities, has a record of such impairment, or is regarded as
having such an impairment.
 Mental illness is considered to be characterized by the inability of a person to
carry out the daily chores of his/her life.
Unit 3: Human Rights of Mentally and Physically Channenged
 Mentally and physically challenged people can avail all the
fundamental rights guaranteed to an ordinary citizen by the
Constitution of India.
 No statute bars them from enjoying these rights.
 However, for mentally challenged the most important constitutional
rights are:
 Right against discrimination: By Article 15(2) of Constitution of India any citizen,
including mentally challenged people, can’t be denied access to public goods. Also, they
need to be provided equal opportunities to prosper in life.
 Article 15(1) enjoins on the Government not to discriminate against any citizen of India
(including disabled) on the ground of religion, race, caste, sex or place of birth.
 Article 15 (2) States that no citizen (including the disabled) shall be subjected to any
disability, liability, restriction or condition on any of the above grounds in the matter
of their access to shops, public restaurants, hotels and places of public entertainment
or in the use of wells, tanks, bathing ghats, roads and places of public resort
maintained wholly or partly out of government funds or dedicated to the use of the
general public.
 There shall be equality of opportunity for all citizens (including the disabled) in
matters relating to employment or appointment to any office under the State.
 No person including the disabled irrespective of his belonging can be treated as an
untouchable. It would be an offence punishable in accordance with law as provided by
Article 17 of the Constitution.
 Every person including the disabled has his life and liberty guaranteed under Article 21
of the Constitution
 Right to Health: Article 21 gives the right to life and personal liberty. Right to health
flows directly from right to life and the same has been laid down by the supreme court
in many cases.
 Disability rights under International Laws
 In 1971 the ‘Declaration on Rights of Mentally Retarded Persons’ was adopted by the UN
general assembly.
 The declaration was the first active attempt to grant disability rights to the mentally ill
people.
 The declaration among other things laid down certain guidelines to be adopted by
mentally ill people. Some of these were:
 Recognition of mentally ill people as a separate category of physically challenged
individuals and providing them certain safeguards accordingly.
 Disability rights under International Laws
 The member nations shall ensure the economic security of mentally ill by devising
suitable programs so that they can earn their living.
 Special care shall be taken for these people in any social planning by the state.
 The 1996 convention by the WHO on Mental Health Care law
 It laid down ten basic principles that every member nation needs to adopt
for the betterment of mentally challenged people.
 It was recommended that a large number of asylums with best healthcare
facilities need to be opened in the developing countries.
 The nations were told to make changes in the internal laws to provide
specialized treatment to mentally challenged.
 There was felt a need to increase awareness among the general people
about the plight of mentally challenged.
 The 1996 convention by the WHO on Mental Health Care law
 However, the most remarkable recommendation was that all the nations of the
world were told to review their laws on mental health and make necessary changes
so as to shape them in the best interests of the mentally challenged people.
 Special categories and reservations were recommended to be made in jobs for
these people and that every state shall recognize the disability rights of mentally ill
persons.
 India being a signatory nation to both the schemes needs to act accordingly in the
best interests of the mentally challenged people in the country.
 Human Rights under international Laws
 In 1992, The general assembly adopted the Declaration of Hawaii.
 For many years it was observed that many patients in mental asylums were subject to
gross human rights violations at the hands of authorities.
 In many countries the asylums were is dismal conditions where in some cases even food
and water was not available.
 Apart from this, the patients lacked privacy, there were no facilities for recreation and
leisure activities, the patients were made to do hard labor at times.
 In fact, there has been no attempt to ‘treat the mentally ill’.
 The Hawaii declaration laid down that an environment of love and care ought to be
maintained in asylums.
 Human Rights under international Laws
 The seclusion and restraint that is practiced in treating these people need to as
minimum as possible.
 The declaration was the first international treaty that recognized human rights of
mentally challenged people.
 Rights under Local Laws
 The Indian Mental Health Act, 1987
 Under this Act, a mentally disabled person has the right to treatment and care in a psychiatric
hospital.
 There are established special asylums for mentally challenged people under the age of 16 by this
act.
 The cost of the treatment in asylums needs to be undertaken by respective state governments
unless the relatives of the patient bear it.
 This Act also provides certain legal safeguards to the mentally challenged.
 A mentally challenged person has the right to avail legal aid on the order of the court if the court
finds that he/she has no means to get aid.
 Rights under Local Laws
 The Persons with Disabilities (Equal opportunities, protection of rights and
full participation) Act 1995
 The need to provide equal opportunities and enhance participation of mentally challenged in
the society was the first time realized through this act. Few landmark steps were taken in
this regard were:
 Establishment of special schools for the education of mentally disabled children.
 Mentally disabled children were given the right to free education till the age of 18 under this Act.
 3% employment reservation for disabled (Including mentally disabled) in government jobs was
approved.
 Some current issues faced mentally disabled in India
 Lack of Asylums
 India, though being a signatory to various conventions and
treaties, still requires an adequate number of mental health care
asylums in the country. Ideally, there should be one asylum in
every district.
 Poor infrastructure
 Most of the functioning asylums in the country are below standard. Lack of facilities in
addition to staff and doctors exacerbates the situation of mentally challenged.
 Poor infrastructure
 Most of the functioning asylums in the country are below standard. Lack
of facilities in addition to staff and doctors exacerbates the situation of
mentally challenged.
 Lack of awareness
 For any right to deliver on substantive goals there needs to be
awareness of it. A majority of the country is today unaware of the rights
of mentally challenged.
 Current laws
 Most of the current laws in the country induce incompetency in the
mentally challenged people. They can’t enter into a contract, nor can validly
marry. These things need to be reformed.
 General legal provisions relating to the disabled
 Constitution
 Education Laws
 Health Laws
 Family Laws
 Succession laws
 Labour Laws
 Judicial Procedures
 Income Tax Laws, &
 Various Acts
 The Person with Disabilities Act, 1995
 The Mental Health Act, 1987
 The Rehabilitation Council of India, 1992
 The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation, and
Multiple Disabilities Act, 1999
 Declaration On The Rights Of Mentally Retarded Persons
 For more details, please refer to the following page
 https://vikaspedia.in/education/parents-corner/guidelines-for-parents-of-c
hildren-with-disabilities/legal-rights-of-the-disabled-in-india#:~:text=Every%
20person%20including%20the%20disabled,with%20law%20(Article%2023)
.
Unit 3: State, Liberty and Democracy
 State (Human Rights Point of View):
 National Human Right Commission has control to take over Human Rights Issue
centrally.
 State also have a power to form a constitution body for human rights under state
commission known as Human Right Commission of State (HRCS or SHRC)
 There are 26 states having SHRC in India.
 Ministry of Home affairs centrally demands status of pending cases regarding
violations of human rights and state human right commission provides it with
intervention of State Ministry.

 State has power to intervein in issues of individuals of state for violation of human
rights.
 State Human Rights Commission consists of three members including a Chairperson
according to the Human Rights (Amendment) Act, 2006.
 Retired Chief Justice of the High Court can be the Chairperson of the commission.
 The Governor on the recommendation of the committee appoints the Chairperson
and other members.
 If the state has a Legislative Council, then the Chairman and the leader of the
 A present Judge of the High Court or the District Court can be a member of the
commission. The person should have a minimum experience of seven years as a
District Judge.
 A person who has practical experience as well as knowledge related to the issues of
human rights.
 The Composition of the committee is as follows
 Head – Chief Minister.
 Legislative Assembly speaker.
 The Home Minister of the State.
 State Human Rights Commission (SHRC) and its functions:
 The protection of human rights act 1993 provides the functions of the SHRC
as below
 Conduct inquiries on its own or on the complaint received from the victim or
some other person on behalf of the victim.
 The State Human Rights Commission can intervene in the proceedings of the
courts which involves any type of allegation regarding violation of human
rights, such intervention will be done after prior approval of the court.
 State Human Rights Commission (SHRC) and its functions:
 It can visit jails and several other institutions where persons are detained.
 These institutions should be under the control of the State Government.
 They visit to study the living conditions of the inmates and they provide
recommendations thereon.
 Recommend measures for effective implementation of the safeguards
provided in the Constitution.
 Provide encouragement to non-governmental organization works in the field
of human rights.
 Individual Liberty:
 It is freedom given to each individual human to live his/her life in own way to
achieve excellence under the circumstances of law.
 Liberty derived from Latin word ‘Liber’ means free or unrestrained.
 There is Negative liberty and Positive liberty.
 It is power given to the individual to do anything provided which does not harm to
the other individual or society.
 It is power to develop one’s abilities and plan one’s life according to one’s own will.
 Individual means Human and not Men or women provided each activity does not
 Individual liberty also called as Personnel Liberty and is a secure enjoyment by the
individual and power to think their own thoughts and to express or act upon their
own way under the shelter of law.
 An individual should mature to understand the meaning of liberty.
 Government and society should promote positive liberty and not negative liberty.
 There are different categories in liberty and each one has its own importance.
 Freedom of speech
 Freedom of religion
 Freedom of expression
 Freedom of live
 Freedom of assembly
 And each one has its negative impact also if individual does not understand the
meaning.
 Individual aspects may be categorised into
 Type of food
 Type of lifestyle
 Success which is very essential for human
 Selection of life partner
 In all above category Society plays most important role.

Individual Liberty
Government Society and culture

 Freedom and Democracy:
 Freedom is the power or right to act, speak, or think as one wants without
hindrance or restraint, and the absence of a despotic government.
 Democracy is a system of country in which government representatives are
elected (Chosen) by the people of the country.
 Democracy:
 Democracy is a political structure in which people directly exercise power, or elect
members from among themselves to represent the people, such as a parliament.
 It is also called the majority rule and here no body can inherit the power.
 People are choosing their representatives.
 Representatives participate in an election and the voters elect their member.
 Working principles of Democracy:
 One of the ideas of democracy is that it must be equal for all people in society.
 Equality has to be included in the individual vote for it to operate.
 Denying communities, the right to vote runs according to the role of
democracy.
 In a system of government, the vote of every citizen has equal
weight.
 Indian Democracy:
 India is the largest and most powerful democracy in the world.
 In the year 1947, India became a democratic country after its independence.
Consequently, Indian people were granted the right to vote and elect their
representatives.
 In India, it provides the right to vote to its people regardless of their caste, color,
race, religion & gender.
15th September
Unit 3: Non Governmental Organizations and Human Rights
 What are Non Government Organizations:
 A Non-Governmental Organisation is any non-profit organisation of a
group of people who are voluntary involved in social activities,
sustainable development and Human rights protections at local,
national or International level.
 Characteristics of Non-Government Organizations:
 As defined by the World Bank NGOs refers to not-for-profit organizations that
pursue activities to relieve suffering, promote the interests of the poor, protect
the environment, provide basic social services, or undertake community
development.
 These organizations are not a part of the government, have a legal status and are
registered under the specific Act (Societies Registration Act, 1860 in India) of the
government.
 For obtaining foreign funding, they need to be registered under Foreign
Contribution Regulation Act (FCRA) with Ministry of Home Affairs, Government of
India.
 NGO is non-profit making, voluntary, service – oriented/ development-oriented
organization, either for the benefit of members (a grassroots organization) or of
other members of the population (an agency).
 It is an organization of private individuals who believe in certain basic social
principles and who structure their activities to bring about development to
 An organization that is flexible and democratic in its organization and
attempts to serve the people without profit for itself.
 In India based on Law a NGO can be:
 Registered Societies formed for specific purposes
 Charitable Organizations and Trusts
 Local Stakeholders Groups, Microcredit and Thrift Enterprises, Self Help
Groups
 Professional Self-Regulatory Bodies
 Cooperatives
 Bodies without having any formal organizational structure
 Government promoted Third Sector Organizations
 Need of NGO’s:
 Since independence, India has achieved phenomenal economic growth in
education, healthcare, poverty alleviation and overall standard of living.
 Issues of exclusion of women, children and marginalized communities in
the development process however remained.
 Other adverse consequences of inequitable growth include the spread of
Naxalism, recurrent violence for reservations and ever-increasing cases of
farmer suicides.
 India ranks 129th in the 2019 Human Development Index rankings.
 India ranked 102nd position in 2019 in Global Hunger Index out of 117
qualifying country.
 In such an environment civil society plays a key role in raising the concerns
of people and ensuring that minorities are not neglected.
 The state requires the constructive and collaborative engagement of the
civil society in its various developmental activities and programs.
 Non-governmental organizations (NGOs) acts as the operational arm of the
civil society and thus have an important role in the development processes.
 Roles of NGO’s:
Education of children Development of youth Protection of animals
Betterment of disabled humans Development and operation of infrastructure
Technical assistant and training Facilitating communication Women protection
and rights Helping in distress Protection of environment Prevention of
exploitation of unorganised labour
Legislations for regulating the finances of NGOs:
Foreign Contribution (Regulation) Act (FCRA), 2010:
 Foreign funding of voluntary organizations in India is regulated under FCRA act
and is implemented by Ministry of Home Affairs.
 The acts ensure that the recipients of foreign contributions adhere to the
stated purpose for which such contribution has been obtained.
 Under the act organizations require to register themselves every five years.
Foreign Exchange Management Act, 1999:
 Foreign Exchange Management Act (1999) aims to consolidate and
amend the law relating to foreign exchange with objective of facilitating
external trade and payments and for promoting the orderly
development and maintenance of foreign exchange market in India.
 A transaction under FEMA is called a fee or a salary while the same
under FCRA is called a grant or a contribution.
Foreign Exchange Management Act, 1999:
 Foreign Exchange Management Act (1999) aims to consolidate and
amend the law relating to foreign exchange with objective of facilitating
external trade and payments and for promoting the orderly
development and maintenance of foreign exchange market in India.
 A transaction under FEMA is called a fee or a salary while the same
under FCRA is called a grant or a contribution.
Constitutional Provisions for NGOs in India:
 Article 19(1)(c) on the right to form associations.
 Article 43 which highlights the State’s having an endeavor to promote
cooperatives in rural areas;
 Concurrent List in Entry 28 mentions about – Charities and charitable
institutions, charitable and religious endowments and religious
institutions”.
Importance of NGOs:
 NGOs perform a very important role in helping the needy people.
 NGOs are of great help in case of natural disaster / calamity like earthquake,
tsunami or floods.
 NGOs act as a link between people and the government which act as a
communicator, facilitator or active force for solving the problem.
 NGOs have a significant role in improving the standard of living and reducing the
poverty.
 NGOs are also contributing in important research and education for
development of the country.
Importance of NGOs:
 NGOs supplements government efforts. Today's youth is nation's future
hope.
 NGOs play a vital role in education. NGOs try to reach the under privileged
children and youth and make sure they get education.
 NGOs help to bring about sustainable development of the country since
NGOs are active in most of the fields that bring about the economic and
social growth and concern for the environment.
Importance of NGOs:
 Many NGOs are actively bringing about social mobilization on issues like
empowerment of women, human rights, environment concern through
campaigns, rallies or workshops.
 The corporate sector along with the NGOs are bringing sustainable
development.
 NGOs play an important role in CSR activities.
 NGOs being more knowledgeable about social structure and social problems,
expert advice or assistance of NGOs is very useful for corporate sector in
NGO’s and VO’s(Voluntary Organization’s):
 NGO and VO are generally understood as synonymous terms and are used
interchangeably but are different than each other in real sense.
NGO VO
The NGOs need to be registered under VOs exist without any legal status.
some specific act and have a legal status.
NGOs are initiated or constituted in India VOs are initiated by individuals or groups
generally by Government as autonomous of individuals for welfare and
bodies for pursuing some specific development.
objectives.
NGOs are more or less influenced by VOs formulate their own strategies,
Government in fixing policies, program policies and programs.
and strategies.
NGO’s and VO’s(Voluntary Organization’s):
NGO VO
NGOs are generally non-political in The VOs may be political or non-political.
nature.
It is a fact that NGOs are non-profit VOs are non-profit organizations, small in
organizations but provide welfare services size and run outside the domain of the
sometimes as a part of or on the behest state control.
of Government and sometimes outside it.
Community-Based Organization:
 CBOs arise out of people's own initiatives.
 These can include sports clubs, women's organizations, neighborhood
organizations, religious or educational organizations.
City Wide Organization:
 It includes organizations like Rotary or Lion's Club, Chamber of Commerce and
industry, coalitions of business, ethnic or educational groups and associations of
community organizations.
National NGOs:
 It includes organizations such as Red Cross, YMCAs / YWCAs, professional
International NGOs:
 These ranges from secular agencies such as CARE, Ford and Rockefeller
Foundations to religiously motivated groups.
 Their activities vary from mainly funding local NGOs, institutions and projects, to
implementing the projects themselves.
Role of NGOs for Protection of Environment in India:
 The NGOs constitute a worldwide net work interacting with Governments and
Internal intergovernmental organization in shaping international environmental
policies;-
 They create awareness among the public on current environmental issues and
solutions.
 Facilitating the participation of various categories of stakeholders in the discussion
on environmental issues.
 Conducting participatory rural appraisal (Water Cup, NAAM Foundation).
 Being involved in the protection of human rights to have a clean environment.
Role of NGOs for Protection of Environment in India:
 Protecting the natural resources and entrusting the equitable use of resources.
 Data generation on natural resources, timeline history of villages.
 Analysis and monitoring of environmental quality.
 Transferring information through newsletters, brochures, articles, audio visuals,
etc.
 Organizing seminars, lectures and group discussion for promotion of
environmental awareness.
 Helping the villages’ administrative officials in preparation, application and
execution of projects on environmental protection.
Problems with NGO’s:
 Lack of Long-Term Strategic Planning
 Poor Cooperation with Mass Media
 Lack of Commitment
 Lack of Feedback and Social Support Suppresses Enthusiasm
 Unwillingness to Cooperate with Each Other
 Politization of NGOs
 Lack of Professional Experience of Working in a Particular Area
 Fear of Grants and International Cooperation
Land Acquisition:
 Land acquisition is the process by which government acquire private property for public
purpose.
 Till 2013 land acquisition in India was governed by Land Acquisition Act 1894.
 The law was having many remedies like low compensation and government was having
facility to own the land of people in the case of emergency which were having too many
clauses.
 According to old law any private company can own the land of people by convincing state
government under public development purpose.
 The law was not having any provision of rehabilitation and resettlement of land owners.
Land Acquisition:
 As people have right to land, the government also has right to develop the
country and it is necessary to make balance between rights of both.
 The law hence replaced by new law called Land Acquisition, rehabilitation and
Resettlement Act 2013.
 The new law focused on rehabilitation and resettlement of landowners as well as
non landowners.
 One of the major change in law was establishment of Social Impact Authority.
 In old law there were many clauses under the emergency but in new law these
clauses restricted, and strict conditions put forward.
Features of LARR Act 2013:
 Social Impact Assessment
 Consent of families (70-80%)
 Market rate price (2 to 4 times)
 Additional relief to SC/ST
 Restriction on fertile land
 Dispute settlement Mechanism
 Introduced in 2007, passed 2009 but govt changed and finally passed in 2013.
 Multi-cropped , irrigated land cannot be acquired unless it is for defence or
emergency natural calamity.
 Land should be returned to original owner of the State Land Bank if not used in
five years for the purpose of which it is acquired.
 The government will not acquire land for private companies for private purpose.
 Separate section for weaker categories like farmers and poor category (Scheduled
cast and scheduled Tribes).
 The urgency clause should exercised in the rarest of rare cases like national
defense of for resettlement purpose.
 For example, If army camp is to be established under emergency purpose then a
legal notice will be given to you to vacant your house or land within 24hrs.
 Exemption from income tax and stamp duty: No income tax shall be levied and no
stamp duty shall be charged on any amount given by government to land owner
for acquisition the land.
Housing and Land Rights Network (HLRN):
 Based in New Delhi, works for the recognition, defense, promotion, and realization
of the human rights to adequate housing and land.
 Deals with gaining a safe and secure place for all individuals and communities,
especially marginalized communities, to live in peace and dignity.
 Registered as an Indian charitable trust, HLRN is an independent organization.
 Works on research, education, and advocacy related to housing and land rights.
 Promoting and protecting the equal rights of women to adequate housing, land,
property, and inheritance.
 Founder: Miloon Kothari
Housing and Land Rights Network (HLRN):
• Defend the human rights of the urban and rural poor, displaced persons, and
homeless, landless, and inadequately-housed individuals and groups.
• Promote public awareness about human settlement problems and needs locally,
nationally, and globally.
Land Rights and Issues:
 Land constitutes the main asset from which the rural poor are able to derive a
livelihood.
 Of all the private land in the world, however, nearly three quarters is estimated to
be controlled by just 2.5 per cent of all landowners.
 Millions of families do not enjoy ownership rights over it and are considered
landless.
 An average of 71.6 per cent of rural households in Africa, Latin America, and
Western and East Asia (excluding China) are landless or near landless.
Land Rights and Issues:
 Landlessness gives rise to a host of interrelated problems, including inadequate
housing, lack of livelihood options, poor health, hunger, and food insecurity to
acute poverty.
 HLRN has been involved in initiatives and ongoing efforts-both national and
international-to promote the right to land as a human right.
Land Issue: Forced Evictions:
 According to UN forced Eviction is defined as Permanent or temporary removal
against the will of individuals, families or communities from their homes or land,
which they occupy, without the provision of, and access to, appropriate forms of
legal or other protection.
 The last few decades have witnessed an unprecedented rise in forced evictions
across the world.
 A multitude of factors, including large infrastructure and purported 'development'
projects in both rural and urban areas are responsible for forced convictions.
 For example, dams, mines, and ports; urban renewal and expansion; city
'beautification'; sports events; industrial development, including the takeover of
farmland; and most recently, designation of large areas as tax-free Special
Economic Zones (SEZs) are main causes.
 All these things results in eviction of individuals and communities from their
homes and habitats, without due process and in violation of their human rights.
 In the absence of adequate rehabilitation, this has exacerbated homelessness and
inadequate living conditions, and resulted in loss of livelihoods, income, health,
and education of affected individuals and communities.
 Having shelter and land for living life is basic right of human and under name of
development this right get violated by government/politician and businessmen.
Role of HLRN in Land issue to protect human rights:
 HLRN works at several levels, in collaboration with partners and social movements,
against forced evictions and displacement.
 This has included working with the central and state governments; with national and state
human rights institutions, including the National Human Rights Commission; and with
relevant UN human rights mechanisms, including treaty bodies, the Human Rights
Council, and Special Procedures, especially the Special Rapporteur on adequate housing.
 HLRN have established a National Eviction and Displacement Observatory that works to
document incidents of forced eviction across India, analyze data, spread awareness on the
issue of forced evictions and related human rights violations.
Role of HLRN in Land issue to protect human rights:
 This NGO is engaged in campaigns and efforts to promote human rights education
on the land issue, and to ensure human rights-based laws and policies related to
rehabilitation and in situ upgrading of housing and settlements.
NGO and
Water
Issues
Is Water Considered as Human Right??
 Under international human rights laws, water is protected as a human right.
 In the 1948 Universal Declaration of Human Rights, the 1966 International
Covenant on Economic, Social and Cultural Rights, and the 1966 International
Covenant on Civil and Political Rights, water is not explicitly mentioned as a human
right.
 It was, however, implied through other human rights, such as the right to life, right
to an adequate standard of living, and the right to health.
 In 2002, the United Nations officially adopted water as a human right.
Is Water Considered as Human Right??
 International Covenant on Economic, Social and Cultural Rights states the following:
 “The human right to water entitles everyone to sufficient, safe, acceptable, physically
accessible and affordable water for personal and domestic uses.”
 This means that the 145 countries who have endorsed the International Covenant on
Economic, Social and Cultural Rights have to ensure fair and equal access to safe
drinking water.
 The Constitution of India recognizes the right to water as being a part of the Right to
Life under Article 21. This means that it is the right of every person, whether rich or
poor, to have enough water to fulfil his/her daily needs at a price that he/she can
Water and Sanitization crisis in India and Role of NGO:
 India is the second most populous country in the world, with more than 1 billion
citizens.
 The scale of need in India is immense, making India the concentrated center of the
global water and sanitation crisis.
 About 26% of India’s population practices open defecation, a critical factor

contributing to water-borne illness, stunting, and death.
 In India and around the world, millions are navigating the COVID-19 pandemic
with the added challenge of living without access to safe water.
 Now more than ever access to safe water is critical to the health of families in
India.
 These factors, combined with the current political push to end this crisis, has
created unprecedented urgency to implement effective solutions to increase
access to safe water and sanitation.
 Role of Water.Org:
 Since 2005, Water.org has played a significant role in India’s progress toward
improved water and sanitation, empowering 13.3 million people with access to
safe water and sanitation.
 By partnering with different types of organizations, including microfinance
institutions, self-help group federations, housing finance corporations, commercial
banks, payment banks, social enterprises and the government of India, they are
mobilizing resources and sharing knowledge to increase access to improved
sanitation and safe water.
 Role of Water.Org:
 Water.org is heavily invested in India and strategically positioned to catalyze the
national push to end the country’s water crisis.
 They continue to coordinate and partner closely with key multilateral development
finance institutions and government partners in India, such as the Ministry of
Drinking Water and Sanitation's Swachh Bharat Mission, UNICEF, the World Bank,
WaterAid, and smaller local organizations.
 NAAM Foundation:
 NAAM foundation is and Non-Governmental Organization started by Nana Patekar
and Makarand Anaspure in September 2015.
 This has emerged after devastating conditions of drought & listening to agony of
drought affected farmers in Maharashtra.
 NAAM is a manifestation of human spirit in response to the outbreak due to
lamented turmoil happening around.
 NAAM is a movement with honest intentions to facilitate development of
disadvantaged villages and lives of people which has now turned into a giant leap.
 NAAM Foundation:
 Mission of NAAM foundation is to build sustainable & progressive society by
facilitating development in rural areas by working on different issues like
infrastructure, education, employment, food & so on.
 NAAM foundation involved in various water conservation projects and is a
successful NGO dealing with water issue in area particularly in Maharashtra.
 PAANI Foundation:
 Paani Foundation is a non-profit, non-governmental organization which is active in
the area of drought prevention and watershed management in the state of
Maharashtra, India.
 The organization was founded by Indian actor Aamir Khan and his wife, Kiran Rao.
 The CEO of the Foundation is Satyajit Bhatkal.
 The primary aim of Paani Foundation is to spread knowledge of watershed
management and groundwater replenishment.
 PAANI Foundation:
 Paani Foundation has been organizing the Satyamev Jayate Water Cup competition
since 2016, where villages compete with each other to implement watershed
management and water conservation methods in the summer months leading up
to the monsoon season.
Role of NGOs in Forest issues in concern with Human Rights:
 Forest Right Act 2006:
 The act was passed in 2006 and implemented in 2008.
 It deals with rights of forest-dwelling communities over land and other resources.
 The act grants, legal recognition to rights of traditional forest dwelling
communities correcting the injustice caused by the forest laws.
 Title Rights-Ownership to land that is being farmed by tribal or forest dwellers
subject to a maximum of four hectors; ownership is only for land that is actually
being cultivated by the concern family, meaning that no new lands are granted.
 Forest Right Act 2006:
 Use right-to minor forest produce, to grazing areas ,to pastoralist routes, etc.
 Relief and development rights: To rehabilitation in case of illegal eviction or forced
displacement ; and to basin amenities, subject to restriction for forest protection.
 Eligibility: Primarily resides in forest and who depend on forest and forest land for
livelihood.
 Claimant of this right must be a member of scheduled tribes or must have been
residing in the forest for last 75 years.
 Role of NGO in Forest issues:
 Fighting for rights of tribal people
 Education of tribal people
 Working to preserve wildlife
 Working to preserve forest sources such as trees, water resources, farmland.
 Protecting the forest through different activity such as campaign, seminar,
educational program.
 Training to tribal people about Community Forest Recourse Act.
 Working in health issue of forest people
 Role of NGO in Forest issues:
 Acting as supporting role in implementing different governmental policies and acts
related to forest.
 Working for forest conservation
Unit 4: Human Rights in Indian Constitution and Law
 The Constitution of India: Introduction
 Constitution: A set of fundamental principles according to which a government run and
coordination between government and people happens.
 The basic principles and laws of a nation, state, or social group that determine the powers and
duties of the government and guarantee certain rights to the people in it.
 The Constitution of India (Bhāratīya Saṃvidhāna) is the supreme law of India.
 The document lays down the framework that demarcates fundamental political code, structure,
procedures, powers, and duties of government institutions and sets out fundamental rights,
directive principles, and the duties of citizens. It is the longest written national constitution in the
world.
 Indian Constitution was adopted on 26 Nov 1949 and enforced on 26 Jan 1950
 Indian Constitution establishes relationship between two level of government i.e.,
central government and state government.
 Constitution also establishes relationship between government and people.
 Constitution is supreme power of a country.
 Constitution maintains the rights of people of that country and in Indian constitution
fundamental rights are protected by supreme court.
 Constitution categories the system into three parts
 Legislative: Makes the laws. Ex. MLA, MLC
 Judiciary: Interpret the laws Ex. Courts
 Executive: Implement the laws Ex. Police
 Drafted by: Dr. Babasaheb Ambedkar
 Handwritten longest constitution for sovereign nation
 Second longest active constitution after constitution of Alabama
 Period: 2 Years 11 Months and 18 Days (Eleven sessions covering total 166 days)
 When adopted: 395 articles and 22 parts
 Now: 450 articles 25 parts
 Schedules: When adopted 8 and now 12
 Total Words: 145000 (when adopted)
 Handwritten by: Prem Behari Narain Raizada
 The Constitution of India: Preamble
 The preamble is also part of the Indian constitution
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN
SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens:
JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and
worship;
EQUALITY of status and of opportunity;
and to promote among them all FRATERNITY assuring the dignity of the individual and the unity
and integrity of the Nation;
IN OUR CONSTITUENT ASSEMBLY this twenty-sixth day of November, 1949, do HEREBY ADOPT,
 The Constitution of India: Preamble
 A preamble is an introductory statement in a document that explains the
document’s philosophy and objectives.
 In a Constitution, it presents the intention of its framers, the history behind its
creation, and the core values and principles of the nation.
 The preamble basically gives idea of the following things/objects:
 Source of the Constitution
 Nature of Indian State
 Statement of its objectives
 Date of its adoption
 The Constitution of India: History of Preamble
 The ideals behind the Preamble to India’s Constitution were laid down
by Jawaharlal Nehru’s Objectives Resolution, adopted by the Constituent Assembly
on January 22, 1947.
 Although not enforceable in court, the Preamble states the objectives of the
Constitution, and acts as an aid during the interpretation of Articles when language
is found ambiguous.
 The Constitution of India: History of Preamble
 The Constitution of India: Components of Preamble
 It is indicated by the Preamble that the source of authority of the Constitution lies
with the people of India.
 Preamble declares India to be a sovereign, socialist, secular and democratic
republic.
 The objectives stated by the Preamble are to secure justice, liberty, equality to all
citizens and promote fraternity to maintain unity and integrity of the nation.
 The date is mentioned in the preamble when it was adopted i.e. November 26,
1949.
 The Constitution of India: Key Words in the Preamble
 We, the people of India: It indicates the ultimate sovereignty of the people of
India. Sovereignty means the independent authority of the State, not being subject to
the control of any other State or external power.
 Sovereign: The term means that India has its own independent authority, and it is not a
dominion of any other external power. In the country, the legislature has the power to
make laws which are subject to certain limitations.
 Socialist: The term means the achievement of socialist ends through
democratic means. It holds faith in a mixed economy where both private and public
sectors co-exist side by side. It was added in the Preamble by 42 nd Amendment, 1976.
 The Constitution of India: Key Words in the Preamble
 Secular: The term means that all the religions in India get equal respect, protection
and support from the state. It was incorporated in the Preamble by
42nd Constitutional Amendment, 1976.
 Democratic: The term implies that the Constitution of India has an established form
of Constitution which gets its authority from the will of the people expressed in an
election.
 Republic: The term indicates that the head of the state is elected by the people. In
India, the President of India is the elected head of the state.
 The Constitution of India: Objectives
 The Constitution is the supreme law, and it helps to maintain integrity in the
society and to promote unity among the citizens to build a great nation.
 The main objective of the Indian Constitution is to promote harmony throughout
the nation.
 The factors which help in achieving this objective are:
 Justice: It is necessary to maintain order in society that is promised through
various provisions of Fundamental Rights and Directive Principles of State
Policy provided by the Constitution of India. It comprises three elements, which
is social, economic, and political.
 The Constitution of India: Objectives
1. Social Justice – Social justice means that the Constitution wants to create a
society without discrimination on any grounds like caste, creed, gender, religion,
etc.
2. Economic Justice – Economic Justice means no discrimination can be caused by
people on the basis of their wealth, income, and economic status. Every person
must be paid equally for an equal position and all people must get opportunities
to earn for their living.
3. Political Justice – Political Justice means all the people have an equal, free and
fair right without any discrimination to participate in political opportunities.
 The Constitution of India: Importance of Objectives
 It provides a way of life. It includes fraternity, liberty, and equality as the notion of a
happy life, and which can not be taken from each other.
 Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor
can liberty and equality be divorced from fraternity.
 Without equality, liberty would produce the supremacy of the few over the many.
 Equality without liberty would kill individual initiative.
 Without fraternity, liberty would produce the supremacy of the few over the many.
 Without fraternity, liberty and equality could not become a natural course of things.
 The Constitution of India: Status of Preamble
 The preamble being part of the Constitution is discussed several times in the
Supreme Court. It can be understood by reading the following two cases.
 Berubari Case: It was used as a reference under Article 143(1) of the
Constitution which was on the implementation of the Indo-Pakistan Agreement
related to the Berubari Union and in exchanging the enclaves which were
decided for consideration by the bench consisting of eight judges.
 Through this case, the Court stated that ‘Preamble is the key to open the mind of
the makers’, but it can not be considered as part of the Constitution. Therefore, it
is not enforceable in a court of law.
 The Constitution of India: Status of Preamble
 Kesavananda Bharati Case:
 In this case, for the first time, a bench of 13 judges were assembled to hear a writ
petition. The Court held that:
 The Preamble of the Constitution will now be considered as part of the Constitution.
The Preamble is not the supreme power or source of any restriction or prohibition,
but it plays an important role in the interpretation of statutes and provisions of the
Constitution. So, it can be concluded that preamble is part of the introductory part
of the Constitution.
 The Constitution of India: Amendment of the Preamble
 42nd Amendment Act, 1976: After the judgment of the Kesavanand Bharati case,
it was accepted that the preamble is part of the Constitution.
 As a part of the Constitution, preamble can be amended under Article 368 of the
Constitution, but the basic structure of the preamble can not be amended.
 Because the structure of the Constitution is based on the basic elements of the
Preamble.
 As of now, the preamble is only amended once through the 42nd Amendment Act,
1976.
 The Constitution of India: Amendment of the Preamble
 The term ‘Socialist’, ‘Secular’, and ‘Integrity’ were added to the preamble through
42nd Amendment Act, 1976.
 ‘Socialist’ and ‘Secular’ were added between ‘Sovereign’ and ‘Democratic’.
 ‘Unity of the Nation’ was changed to ‘Unity and Integrity of the Nation’.
 The Constitution of India: Fundamental Rights
• Articles 12-35 of Indian Constitution deals with Fundamental Rights.
• These human rights are conferred upon the citizens of India for the Constitution
tells that these rights are inviolable.
• Right to Life, Right to Dignity, Right to Education etc. all come under one of the six
main fundamental rights.
• There are 6 fundamental rights:
1. Right to Equality 2. Right to Freedom 3. Right against Exploitation
4. Right to Freedom of Religion 5. Cultural and Educational Rights
2. Right to Constitutional Remedies
 Fundamental rights are the basic human rights enshrined in the Constitution of
India which are guaranteed to all citizens.
 They are applied without discrimination based on race, religion, gender, etc.
Significantly, fundamental rights are enforceable by the courts, subject to certain
conditions.
 These rights are called fundamental rights because of two reasons:
 They are enshrined in the Constitution which guarantees them
 They are justiciable (enforceable by courts). In case of a violation, a person can
approach a court of law.
 There are six fundamental rights of Indian Constitution along with the
constitutional articles related to them are mentioned below:
 Right to Equality (Article 14-18)
 Right to Freedom (Article 19-22)
 Right against Exploitation (Article 23-24)
 Right to Freedom of Religion (Article 25-28)
 Cultural and Educational Rights (Article 29-30)
 Right to Constitutional Remedies (Article 32)
 Why Right to Property is not a Fundamental Right?
 There was one more fundamental right in the Constitution, i.e., the right to
property.
 However, this right was removed from the list of fundamental rights by
the 44th Constitutional Amendment.
 This was because this right proved to be a hindrance towards attaining the
goal of socialism and redistributing wealth (property) equitably among the
people.
 The right to property is now a legal right and not a fundamental right.
 The Constitution of India: Features of Fundamental Rights
 Fundamental rights are different from ordinary legal rights in the way they are
enforced.
 If a legal right is violated, the aggrieved person cannot directly approach the SC
bypassing the lower courts. He or she should first approach the lower courts.
 Some of the fundamental rights are available to all citizens while the rest are for all
persons (citizens and foreigners).
 Fundamental rights are not absolute rights.
 They have reasonable restrictions, which means they are subject to the conditions of
state security, public morality and decency and friendly relations with foreign countries.
 The Constitution of India: Features of Fundamental Rights
 They are justiciable, implying they are enforceable by courts. People can approach
the Supreme Court directly in case of violation of fundamental rights.
 Fundamental rights can be amended by the Parliament by a constitutional
amendment but only if the amendment does not alter the basic structure of the
Constitution.
 Fundamental rights can be suspended during a national emergency. But the rights
guaranteed under Articles 20 and 21 cannot be suspended.
 The application of fundamental rights can be restricted in an area which has been
placed under martial law or military rule.
 Right to Equality (Articles 14 – 18)
 Right to equality guarantees equal rights for everyone, irrespective of religion,
gender, caste, race or place of birth.
 It ensures equal employment opportunities in the government and insures against
discrimination by the State in matters of employment based on caste, religion, etc.
 This right also includes the abolition of titles as well as untouchability.
 Right to Freedom (Articles 19 – 22)
 Freedom is one of the most important ideals cherished by any democratic society.
The Indian Constitution guarantees freedom to citizens. The freedom right includes
many rights such as:
 Freedom of speech Freedom of expression Freedom of assembly
without arms Freedom of association Freedom to practice
any profession Freedom to reside in any part of the country
 Right against Exploitation (Articles 23 – 24)
 This right implies the prohibition of traffic in human beings, beggar, and other
forms of forced labor.
 It also implies the prohibition of children in factories, etc.
 The Constitution prohibits the employment of children under 14 years in
hazardous conditions.
 Right to Freedom of Religion (Articles 25 – 28)
 This indicates the secular nature of Indian polity.
 There is equal respect given to all religions.
 There is freedom of conscience, profession, practice and propagation of religion.
 The State has no official religion.
 Every person has the right to freely practice his or her faith, establish and maintain
religious and charitable institutions.
 Cultural and Educational Rights (Articles 29 – 30)
 These rights protect the rights of religious, cultural and linguistic minorities, by
facilitating them to preserve their heritage and culture.
 Educational rights are for ensuring education for everyone without any
discrimination.
 Right to Constitutional Remedies (32 – 35)
 The Constitution guarantees remedies if citizens’ fundamental rights are violated.
 The government cannot infringe upon or curb anyone’s rights.
 When these rights are violated, the aggrieved party can approach the courts.
 The Constitution of India: Fundamental Rights Available to only Indian citizens
 The following is the list of fundamental rights that are available only to citizens (and not to
foreigners):
 Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth
(Article 15).
 Equality of opportunity in matters of public employment (Article 16).
 Protection of freedom of:(Article 19)
 Speech and expression Association Assembly Movement
Residence Profession
 Protection of the culture, language and script of minorities (Article 29).
 Right of minorities to establish and administer educational institutions (Article 30).
 The Constitution of India: Importance of Fundamental Rights
 Fundamental rights are very important because they are like the backbone of the country.
 They are essential for safeguarding the people’s interests.
 According to Article 13, all laws that are violative of fundamental rights shall be void
(Should not be Implemented).
 Here, there is an express provision for judicial review.
 The Supreme Court and the High Courts can declare any law unconstitutional on the
grounds that it is violative of the fundamental rights.
 Article 13 talks about not just laws, but also ordinances, orders, regulations, notifications,
etc.
 The Constitution of India: Amendment of Fundamental Rights
 Any changes to the fundamental rights require a constitutional amendment that
should be passed by both the Houses of Parliament.
 The amendment bill should be passed by a special majority of Parliament.
 As per the Constitution, Article 13(2) states that no laws can be made that take
away fundamental rights.
 In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament
could amend any part of the Constitution including fundamental rights.
 But in 1967, the SC reversed its stance taken earlier when in the verdict of the
Golaknath case, it said that the fundamental rights cannot be amended.
 The Constitution of India: Amendment of Fundamental Rights
 In 1973, a landmark judgement ensued in the Kesavananda Bharati case, where
the SC held that although no part of the Constitution, including Fundamental
Rights, was beyond the Parliament’s amending power, the “basic structure of the
Constitution could not be abrogated (Revoked) even by a constitutional
amendment.”
 This is the basis in Indian law in which the judiciary can strike down any
amendment passed by Parliament that conflicts with the basic structure of the
Constitution.
 The Constitution of India: Directive Principles of the State Policy
INDIA
Fundamental Directive
Rights Principles of
State Policy
INDIAN POLITICS
 Articles 36-51 under Part-IV of Indian Constitution deal with Directive Principles of
State Policy (DPSP).
 They are borrowed from the Constitution of Ireland, which had copied it from the
Spanish Constitution.
 The Sapru Committee in 1945 suggested two categories of individual rights; One
being justiciable and the other being non-justiciable rights.
 The justiciable rights, as we know, are the Fundamental rights, whereas the non-
justiciable ones are the Directive Principles of State Policy.
 DPSP are ideals which are meant to be kept in mind by the state when it
formulates policies and enacts laws.
 They are an ‘instrument of instructions’ which are enumerated in the Government
of India Act, 1935.
 They seek to establish economic and social democracy in the country.
 DPSPs are ideals which are not legally enforceable by the courts for their violation.
 The Constitution of India: Directive Principles of the State Policy Classification
 Indian Constitution has not originally classified DPSPs but based on their content
and direction, they are usually classified into three types-
 Socialistic Principles
 Gandhian Principles
 Liberal-Intellectual Principles
 Definition: They are the principles that aim at providing social and economic
justice and set the path towards the welfare state.
 Article 38: Promote the welfare of the people by securing a social order
through justice—social, economic and political—and to minimize inequalities
in income, status, facilities and opportunities.
 Article 39: Secure citizens:
 Right to adequate means of livelihood for all citizens
 Equitable distribution of material resources of the community for the common
good
 Prevention of concentration of wealth and means of production
 Equal pay for equal work for men and women
 Preservation of the health and strength of workers and children against forcible
abuse
 Opportunities for the healthy development of children
 Article 39A: Promote equal justice and free legal aid to the poor.
 Article 41: In cases of unemployment, old age, sickness and disablement,
secure citizens:
 Right to work
 Right to education
 Right to public assistance,
 Article 42: Make provision for just and humane conditions of work and
maternity relief.
 Article 43A: Take steps to secure the participation of workers in the
management of industries.
 Article 47: Raise the level of nutrition and the standard of living of people and
to improve public health.
 Definition: These principles are based on Gandhian ideology used to represent the
programme of reconstruction enunciated (Expressed) by Gandhi during the national
movement.
 Article 40: Organize village panchayats and endow them with necessary powers and
authority to enable them to function as units of self-government.
 Article 43: Promote cottage industries on an individual or co-operation basis in rural
areas.
 Article 43B: Promote voluntary formation, autonomous functioning, democratic control
 Article 46: Promote the educational and economic interests of SCs, STs, and
other weaker sections of the society and to protect them from social injustice
and exploitation.
 Article 47: Prohibit the consumption of intoxicating drinks and drugs which are
injurious to health.
 Article 48: Prohibit the slaughter of cows, calves and other milch and draught
cattle and to improve their breeds.
 Liberal-Intellectual Principles
 Definition: These principles reflect the ideology of liberalism.
 Article 44: Secure for all citizens a uniform civil code throughout the country.
 Article 45: Provide early childhood care and education for all children until they
complete the age of six years.
 Article 48: Organize agriculture and animal husbandry on modern and scientific lines
 Article 49: Protect monuments, places and objects of artistic or historic interest which
are declared to be of national importance.
 Article 50: Separate the judiciary from the executive in the public services of the State.
 The Constitution of India: Amendment to Directive Principles
 The 42nd Amendment in 1976 has added four new Directive Principles
1 Article 39 To secure opportunities for the healthy development of children
2 Article 39A To promote equal justice and to provide free legal aid to the poor
3 Article 43A To take steps to secure the participation of workers in the management of
industries
To protect and improve the environment and to safeguard forests and

4 Article 48A
wildlife
 The Constitution of India: Amendment related to promoting States
 A new DPSP under Article 38 was added by the 44th Amendment Act of 1978,
which requires the State to minimize inequalities in income, status, facilities and
opportunities.
 The 86th Amendment Act of 2002 changed the subject-matter of Article 45 and
made elementary education a fundamental right under Article 21A.
 The amended directive requires the State to provide early childhood care and
education for all children until they complete the age of 14 years.
 A new DPSP under Article 43B was added by the 97th Amendment Act of 2011
relating to co-operative societies.
 The Constitution of India: Amendment related to promoting States
 It requires the state to promote voluntary formation, autonomous functioning,
democratic control and professional management of co-operative societies.
 The Indian Constitution under Article 37 makes it clear that ‘DPSPs are
fundamental in the governance of the country, and it shall be the duty of the state
to apply these principles in making laws.
 The Constitution of India: Supreme Court Statements on DPSP
 The Indian Constitution is founded on the bedrock of the balance between the
Fundamental Rights and the Directive Principles.
 Fundamental Rights and DPSPs constitute the core of the commitment to social
revolution.
 The harmony and balance between Fundamental Rights and Directive Principles of
State Policy is an essential feature of the basic structure of the Constitution.
 The goals set out by the Directive Principles have to be achieved without the
abrogation of the means provided by the Fundamental Rights.
 The Constitution of India: Fundamental Duties
• 42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86 th
Amendment Act 2002 later added 11th Fundamental Duty to the list.
• Swarna Singh Committee in 1976 recommended Fundamental Duties, the necessity of
which was felt during the internal emergency of 1975-77.
• The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian
Constitution.
• The fundamental duties which were added by the 42nd Amendment Act of the Constitution
in 1976, in addition to creating and promoting culture, also strengthen the hands of the
legislature in enforcing these duties vis-a-vis the fundamental rights.
 The Constitution of India: Eleven Fundamental Duties in India
 Abide by the Indian Constitution and respect its ideals and institutions, the
National Flag and the National Anthem.
 Cherish and follow the noble ideals that inspired the national struggle for freedom
 Uphold and protect the sovereignty, unity and integrity of India
 Defend the country and render national service when called upon to do so
 Promote harmony and the spirit of common brotherhood amongst all the people
of India transcending religious, linguistic and regional or sectional diversities and to
renounce practices derogatory to the dignity of women.
 The Constitution of India: Eleven Fundamental Duties in India
 Value and preserve the rich heritage of the country’s composite culture
 Protect and improve the natural environment including forests, lakes, rivers and wildlife
and to have compassion for living creatures
 Develop scientific temper, humanism and the spirit of inquiry and reform
 Safeguard public property and to abjure violence
 Strive towards excellence in all spheres of individual and collective activity so that the
nation constantly rises to higher levels of endeavor and achievement.
 Provide opportunities for education to his child or ward between the age of six and
fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002
Unit 5: Universal Declaration of Human Rights
UDHR
Universal Declaration of Human
Rights
International Human Right Day

10 December
 The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of
human rights.
 Drafted by representatives with different legal and cultural backgrounds from all regions of the
world, the Declaration was proclaimed by the United Nations General Assembly in Paris on 10
December 1948 (General Assembly resolution 217 A) as a common standard of achievements for
all peoples and all nations.
 It sets out, for the first time, fundamental human rights to be universally protected and it has
been translated into over 500 languages.
 It states that ‘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.’
• It entitles everyone to all the rights and freedoms and prohibits slavery and slave
trade in all forms.
• The Universal Declaration is not a treaty, so it does not directly create legal

obligations for countries. However, it is an expression of the fundamental
values which are shared by all members of the International community.
 Preamble of UDHR:
 Whereas recognition of the inherent dignity and of the equal and inalienable
rights of all members of the human family is the foundation of freedom, justice
and peace in the world,
 Whereas disregard and contempt for human rights have resulted in barbarous acts
which have outraged the conscience of mankind, and the advent of a world in
which human beings shall enjoy freedom of speech and belief and freedom from
fear and want has been proclaimed as the highest aspiration of the common
people,
 Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to

rebellion against tyranny and oppression, that human rights should be protected by the
rule of law,
 Whereas it is essential to promote the development of friendly relations between nations,
 Whereas the peoples of the United Nations have in the Charter reaffirmed their
faith in fundamental human rights, in the dignity and worth of the human person
and in the equal rights of men and women and have determined to promote
social progress and better standards of life in larger freedom,
 Whereas Member States have pledged themselves to achieve, in co-

operation with the United Nations, the promotion of universal respect for
and observance of human rights and fundamental freedoms,
 Whereas a common understanding of these rights and freedoms is of the

greatest importance for the full realization of this pledge,
 Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL

DECLARATION OF HUMAN RIGHTS as a common standard of achievement for
all peoples and all nations, to the end that every individual and every organ of
society, keeping this Declaration constantly in mind, shall strive by teaching and
education to promote respect for these rights and freedoms and by progressive
measures, national and international, to secure their universal and effective
recognition and observance, both among the peoples of Member States
themselves and among the peoples of territories under their jurisdiction.
 UDHR (Universal Declaration on Human Rights) consists of Preamble and 30 articles. These
30 Articles are further divided into 4 categories:
 General Article(1 and 2)
 Civil And Political Rights(3 to 21)
 Economic, Social, Cultural Rights(22 to 28)
 Concluding Provisions(29 and 30)
 These articles are the symbols of human rights and fundamental freedoms. These rights
give the opportunity to the human beings to live with dignity, to increase their standard of
living. Their aim is to provide social security, adequate food and fundamental rights.
 Articles of UDHR:
 Article 1
 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.
 Article 2
 Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of
any kind, such as race, color, sex, language, religion, political or other opinion, national or social
origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the
political, jurisdictional or international status of the country or territory to which a person belongs,
whether it be independent, trust, non-self-governing or under any other limitation of sovereignty.
 Article 3
 Everyone has the right to life, liberty and security of person.
 Article 4
 No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in
all their forms.
 Article 5
 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.
 Article 6
 Everyone has the right to recognition everywhere as a person before the law.
 Article 7
 All are equal before the law and are entitled without any discrimination to equal
protection of the law. All are entitled to equal protection against any discrimination
in violation of this Declaration and against any incitement to such discrimination.
 Article 8
 Everyone has the right to an effective remedy by the competent national tribunals
for acts violating the fundamental rights granted him by the constitution or by law.
 Article 9
 No one shall be subjected to arbitrary arrest, detention or exile.
 For other articles of the UDHR refer PDF uploaded in the learning material
of the Teams Channel
 UDHR and Indian Constitution:
 The Fundamental rights, Directive principle of state policy, preamble of Indian
Constitution have a close similarity with the context of UDHR in the forms of
Articles.
 The rights guaranteed and provided in Indian Constitution are required to be in

conformity with the covenants of UDHR and thus the guidelines of UDHR mentors
the human rights in corporate in Constitution of India.
 UDHR and Indian Constitution:
 Indian Constitution generally preserves the values set down in the UDHR
provisions.
 Relying on Constituents Debates, it is found that majority of Fundamental rights

and directive principles of state policy are discussed after 10th December 1948(the
day when UDHR was adopted).
 This clearly shows the impacts and influences of UDHR on the drafting of Indian
Constitution. Indian Constitution covers the aspects of human rights, so do UDHR
does.
 Similarity in UDHR and Indian Constitution:
NAME OF RIGHTS UDHR Indian Constitution
EQUALITY BEFORE LAW Article 7 Article 14
PROHIBITION OF DISCRIMINATION Article 7 Article 15A
FREEDOM OF SPEECH Article 19 Article 19(1)(a)
FREEDOM OF PEACEFUL ASSEMBLY Article 20(1) Article 19(1)(b)
RIGHT TO FORM UNIONS ARTICLES 23(4) ARTICLE 19(1)(c)
FREEDOM OF MOVEMENT ARTICLE 13(1) ARTICLE 19(1)(d)
PROTECTION IN RESPECT OF
ARTICLE 11(2) ARTICLE 20(1)
CONVICTS
PROTECTION OF LIFE AND LIBERTY ARTICLE 3 ARTICLE 21
PROTECTION FROM SLAVERY ARTICLE 4 ARTICLE 23
 Similarity in UDHR and Indian Constitution:
NAME OF RIGHTS UDHR Indian Constitution
FREEDOM OF CONSCIENCE AND

RELIGION ARTICLE 18 ARTICLE 25(1)
REMEDY OF ENFORCEMENT ARTICLE 8 ARTICLE 32

RIGHT TO WORK ARTICLE 23(1) ARTICLE 41

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Basic Human Rights

Total : 100 Marks

CO 2: Understand history of human rights.

CO 3: Understand co-relationship between human rights, human behaviour, social

CO 4: Understand role of NGOs for curbing human right violation issues

CO 5: Understand provisions in Indian constitution related to human rights.

 These values are defined and protected by law.

 Universality and inalienability

 Inter-dependence and inter-relatedness

 Equality and non-discrimination

 Participation and inclusion

 Accountability and rule of law

 are freedoms to which all humans are entitled

 represent protection of our basic needs

 express conditions we need to flourish as human beings

 This will help them to protect themselves, empower them and be

 Group: several people or things that are located, gathered, or classed

 Civil Society: Civil society is the ecosystem that influences social

 Equality: Equality is defined as the condition of being equal, or the

 A human as an individual exhibits (Shows) different behavioral patterns.

 Values play an important role to regulate the behavioral patterns of a

 These values have significant impact to shape the human relations in a

 This in turn is needed to promote peace, security, good and orderly

 Human values are, for example, respect, acceptance, consideration,

 Values motivate people to achieve their goals.

 Values transcend (Exceed / Surpass) time and territory and develop

 Number of scholars identified ten basic values, which motivate and

 Stimulation creates excitement, novelty and challenges in life.

 Hedonism (Self Satisfaction) brings in pleasure and sensuous

 Achievement demonstrates, the competence of individuals

 Security brings in harmonious relationship between individuals, to

 Conformity to social standards mainly regulates the behavior of

 Religion promotes the innovation of knowledge and furtherance of

 Benevolence (Kindness / Goodness) establishes the belief and

 It takes care of developing harmonious living, and to work for the

 Dignity prescribes the norms and ethical standards that need to be

 It has nothing to do with their class, race, gender, religion, abilities,

 Concept of liberty is centered around responsibility or duty.

 In simple terms, liberty means,

 behave at their own will and be responsible for their acts.

act responsibly so that the liberty of others is not affected.

 The concept of liberty is the basics for the development of a right.

 According to Hobbes, every individual is empowered to enjoy their

 For setting democratic societies, liberty forms the basis by allowing

 From ancient to modern times, people are fighting to achieve this in

 This is because of the socio, economic, political and cultural conditions

traditional terms, giving each person his or her due.

 To achieve perfect justice, it lays its emphasis on concepts of equality,

 The aim of human rights is to provide such stable conditions to

 However, there exists a subtle difference between these two.

 Morals are related to personal character of an individual.

 While ethics are important with respect to social systems, which

 From human rights perspective

in the socio-cultural aspects of the community are ethical aspects.

 Accordingly, every human being in a society is always responsible to

 Ethics is a normative science of human conduct in society, which

differentiates between right and wrong, good or bad, proper or improper.

 In the modern or subjective sense in general rights mean- a legal

 As per the analytical perspective of right it has two parts

 This means a right confers (Award / Accord) certain liberties or privileges

 In the eyes of law, Right confers on a person certain number of liberties

 At the same time impose obligations to discharge.