NOTES ON HUMAN RIGHTS

BY RAVI BUDGUJAR

UNIT-I
MEANING OF HUMAN RIGHTS:
Human beings are born equal in dignity and rights. These are moral claims which are inalienable and inherent
in all individuals by virtue of their humanity alone, irrespective of caste, colour, creed, and place of birth, sex,
cultural difference or any other consideration.
These claims are articulated and formulated in what is today known as human rights. Human rights are
sometimes referred to as fundamental rights, basic rights, inherent rights, natural rights and birth rights

DEFINITION OF HUMAN RIGHTS:

The Universal Declaration of Human Rights (UDHR), 1948, defines human rights as “rights derived from the
inherent dignity of the human person.” Human rights when they are guaranteed by a written constitution are
known as “Fundamental Rights” because a written constitution is the fundamental law of the state.

NATURE AND SCOPE OF HUMAN RIGHTS:

NATURE:
1. Human Rights are Inalienable - Human rights are conferred on an individual due to the very nature of his
existence. They are inherent in all individuals irrespective of their caste, creed, religion, sex and nationality.
Human rights are conferred to an individual even after his death. The different rituals in different religions
bear testimony to this fact.
2. Human Rights are Essential and Necessary - In the absence of human rights, the moral, physical, social and
spiritual welfare of an individual is impossible. Human rights are also essential as they provide suitable
conditions for material and moral upliftment of the people.

3. Human Rights are in connection with human dignity – To treat another individual with dignity irrespective
of the fact that the person is a male or female, rich or poor etc. is concerned with human dignity. For eg. In
1993, India has enacted a law that forbids the practice of carrying human excreta. This law is called
Employment of Manual Scavengers and Dry Latrines (Prohibition) Act.
4. Human Rights are Irrevocable: Human rights are irrevocable. They cannot be taken away by any power or
authority because these rights originate with the social nature of man in the society of human beings and
they belong to a person simply because he is a human being. As such human rights have similarities to moral
rights.
5. Human Rights are Necessary for the fulfillment of purpose of life: Human life has a purpose. The term
“human right” is applied to those conditions which are essential for the fulfillment of this purpose. No
government has the power to curtail or take away the rights which are sacrosanct, inviolable and immutable.
6. Human Rights are Universal – Human rights are not a monopoly of any privileged class of people. Human
rights are universal in nature, without consideration and without exception.
The values such as divinity, dignity and equality which form the basis of these rights are inherent in human
nature.
7. Human Rights are never absolute – Man is a social animal and he lives in a civic society, which always put
certain restrictions on the enjoyment of his rights and freedoms. Human rights as such are those limited
powers or claims, which are contributory to the common good and which are recognized and guaranteed by
the State, through its laws to the individuals. As such each right has certain limitations.
8. Human Rights are Dynamic - Human rights are not static, they are dynamic. Human rights go on expanding
with socio-eco-cultural and political developments within the State. Judges have to interpret laws in such
ways as are in tune with the changed social values. For eg. The right to be cared for in sickness has now been
extended to include free medical treatment in public hospitals under the Public Health Scheme, free medical
examinations in schools, and the provisions for especially equipped schools for the physically handicapped.
9. Rights as limits to state power - Human rights imply that every individual has legitimate claims upon his or
her society for certain freedom and benefits. So human rights limit the state’s power. These may be in the
form of negative restrictions, on the powers of the State, from violating the inalienable freedoms of the
individuals, or in the nature of demands on the State, i.e. positive obligations of the State. For eg. Six
freedoms that are enumerated under the right to liberty forbid the State from interfering with the individual.

SCOPE:
In their contemporary manifestation, human rights are a set of individual and collective rights that have been
formally promoted and protected through international and domestic law since the 1948 Universal
Declaration of Human Rights. Arguments, theories, protections, and violations of such rights, however, have
been in existence for much longer but since the Universal Declaration, the evolution of their express legal
protection has grown rapidly. Today, the numerous international treaties on human rights promulgated since
the Universal Declaration to which an increasingly large number of nation states are a party define the core
content of human rights that ought to be protected across categories of civil, political, economic, social, and
solidarity rights.
1. Categories of Human RightsThe collection of human rights protected by international law draws on a
longer of tradition of rights from philosophy, history, and normative political theory and now includes three
sets, or categories of rights that have become useful shortcuts for talking about human rights among scholars
and practitioners in the field, and will be used throughout the remainder of this paper. These three categories
are: (1) civil and political rights, (2) economic, social, and cultural rights, and (3) solidarity rights.
Civil and political rights uphold the sanctity of the individual before the law and guarantee his or her ability
to participate freely in civil, economic, and political society. Civil rights include such rights as the right to life,
liberty, and personal security; the right to equality before the law; the right of protection from arbitrary
arrest; the right to the due process of law; the right to a fair trial; and the right to religious freedom and
worship. When protected, civil rights guarantee one's 'personhood' and freedom from state-sanctioned
interference or violence. Political rights include such rights as the right to speech and expression; the rights to
assembly and association; and the right to vote and political participation. Political rights thus guarantee
individual rights to involvement in public affairs and the affairs of state. In many ways, both historically and
theoretically, civil and political rights have been considered fundamental human rights for which all nation
states have a duty and responsibility to uphold. They have also been seen as so-called ‘negative’ rights since
they merely require the absence of their violation in order to be upheld.

Social and economic rights include such rights as the right to a family; the right to education; the right to
health and well being; the right to work and fair remuneration; the right to form trade unions and free
associations; the right to leisure time; and the right to social security. When protected, these rights help
promote individual flourishing, social and economic development, and self-esteem. Cultural rights, on the
other hand, include such rights as the right to the benefits of culture; the right to indigenous land, rituals, and
shared cultural practices; and the right to speak one's own language and ‘mother tongue’ education. Cultural
rights are meant to maintain and promote sub-national cultural affiliations and collective identities, and
protect minority communities against the incursions of national assimilationist and nation-building projects.
In contrast to the first set of rights, this second set of social, economic, and cultural rights is often seen as an
aspirational and programmatic set of rights that national governments ought to strive to achieve through
progressive implementation. They have thus been considered less fundamental than the first set of rights and
are seen as ‘positive’ rights whose realisation depends heavily on the fiscal capacity of states
Solidarity rights, which include rights to public goods such as development and the environment, seek to
guarantee that all individuals and groups have the right to share in the benefits of the earth's natural
resources, as well as those goods and products that are made through processes of economic growth,
expansion, and innovation. Many of these rights are transnational in that they make claims against wealthy
nations to redistribute wealth to poor nations, cancel or reduce international debt obligations, pay
compensation for past imperial and colonial adventures, reduce environmental degradation, and help
promote policies for sustainable development. Of the three sets of rights, this final set is the newest and
most progressive and reflects a certain reaction against the worst effects of globalization, as well as the
relative effectiveness of 'green' political ideology and social mobilization around concerns for the health of
the planet.

2. Dimensions of Human Rights

The distinction between these sets of rights follows the historical struggle for them, the appearance of the
separate international instruments that protect them, the philosophical arguments concerning their status,
and the methodological issues surrounding their measurement. But significant sections of the human rights
community have challenged these
traditional distinctions between ‘generations’ of human rights and have sought to establish the general claim
that all rights are indivisible and mutually reinforcing, a sentiment that found formal expression in the 1993
Vienna Declaration and Programme of Action (Boyle 1995; Donnelly 1999). Such a challenge suggests that it is
impossible to talk about certain sets of human rights in isolation, since the protection of one right may be
highly contingent on the protection of other rights. For example, full protection of the right to vote is largely
meaningless in societies that do not have adequate health, education, and social welfare provision, since high
rates of illiteracy and poverty may mean the de facto disenfranchisement of large sectors of the population.
Equally, those interested in combating torture need to examine possible underlying socio-economic, cultural,
and organizational reasons for the practice of torture, which themselves may rely on the variable protection
of other human rights.
This human rights challenge also suggests that there is a false dichotomy between negative and positive
rights that tends to privilege civil and political rights over economic and social rights, since the protection of
the former appears less dependent on state resources than the latter. One response to this false dichotomy is
to claim that ‘all rights are positive since the full protection of all categories of human rights ultimately relies
on the relative fiscal capacity of states. In this view, the protection of property rights requires a well-funded
judiciary, police force, and fire service, as well as a well-developed infrastructure that can relay information,
goods, and services in the event that property is under threat in some way. A similar argument can be made
about guaranteeing the right to vote. Beyond prohibiting intimidation and discrimination at the polls, running
a free and fair election requires a tremendous amount of financial support, technology, and infrastructure,
the need for which has been illustrated dramatically by the highly contested process and result of the 2000
Presidential Election in the United States. And as above, the prevention of torture involves training and
education within police and security forces, which entails the need for significant financial resources from the
state.
Another response to the traditional division between positive and negative human rights is to view them has
having positive and negative dimensions

Table shows how such a conceptualization of human rights looks if we are to include their positive and
negative dimensions

Positive and negative dimensions of human rights categories Dimensions

‘Positive’ ‘Negative’
(i.e. provision of resources and outcomes of policies) (i.e. practices that deliberately
violate)
Categories Civil and political I II
of human Investment in judiciaries, Torture, extra-judicial killings,
rights prisons, police forces, and disappearance, arbitrary
elections detention, unfair trials, electoral
intimidation, disenfranchisement

Economic, social, III IV

and cultural Progressive realisation Ethnic, racial, gender, or
Investment in health, linguistic discrimination in
education, and welfare health, education, and welfare
Solidarity V VI
Compensation for past Environmental degradation
wrongs CO emissions
2
Debt relief Unfair trade
Overseas development
and technical assistance

EVOLUTION OF UNIVERSAL HUMAN RIGHTS:

The evolutions of human rights have taken place over centuries.
Man had to struggle hard in order to achieve the ultimate goal – living with dignity – which still has to be
realized in various societies.
India itself is an example where women, children, dalits, bonded labourers, etc, is trying hard to be a part of
mainstream. Inspite of all these, the world recognized the U.N.Charter of 1945 which states that human
rights are inalienable aspect of mankind. The origin of human rights may be traced to the theory of Natural
Rights derived from the concept of Natural Law, as propounded by ancient Greek Stoic Philosophers and
further developed by Thomas
Hobbes and John Locke. The American and French Revolution gave further impetus to the struggle of human
rights. The evolution and development of human rights in the international context can be traced to the
Magna Carta and the English Bill of Rights followed by the French Declaration and the American Bill of Rights.
The twentieth century witnessed the crystallization of the philosophy of Human Rights when the United
Nations adopted the UN Charter, 1945, The Universal Declaration of Human Rights,
1948 and the International Covenants on Human Rights with further emphasis to protection of rights of
Women, Abolition of Slavery, Racial Discrimination, Civil and Political Rights, Economic, Social and Cultural
Rights and most importantly the Rights of children.
In India the drafters of Constitution took care to incorporate Human Rights for its own citizens as well as for
the aliens.
1 The Magna Carta, 1215.
The Magna Carta, also known as the Great Charter, of 1215 is the most significant constitutional document of
all human history.
The main theme of it was protection against the arbitrary acts by the king. The 63 clauses of the Charter
guaranteed basic civic and legal rights to citizens, and protected the barons from unjust taxes. The English
Church too gained freedom from royal interferences. King John of England granted the Magna Carta to the
English barons on 15th June 1215. The king was compelled to grant the Charter, because the barons refused
to pay heavy taxes unless the king signed the Charter.
2 The English Bill of Rights, 1689.
The next source and avenue of the development of the philosophy of human rights is the English Bill of
Rights, enacted on December 16, 1689, by the British Parliament. The British Parliament declared its
supremacy over the Crown in clear terms. The English Bill of
Rights declared that the king has no overriding authority. The Bill of Rights codified the customary laws, and
clarified the rights and liberties of the citizens.
It lays down the twin foundations, viz., the supremacy of the law, and the sovereignty of the nation, upon
which, the English constitution rests.
3. American Declaration of Independence, 1776.
The first colonies to revolt against England were the thirteen States of America. These states declared their
independence from their mother country on 4th July 1776. The declaration charges the king with tyranny and
affirms the independence of the American colonies. The declaration of independence has great significance in
the history of mankind as it justified the right to revolt against a government that no longer guaranteed the
man’s natural and inalienable rights.
4. The U.S. Bill of Rights, 1791.
The U.S. Constitution was enacted on 17th September 1787. The most conspicuous defect of the original
constitution was the omission of a Bill of Rights concerning private rights and personal liberties. Madison,
therefore proposed as many as twelve amendments in the form of Bill of Rights. Ten of these were ratified by
the State legislatures. These ten constitutional amendments came to be known as the Bill of Rights. The
overall theme of the Bill of Rights is that the citizen be protected against the abuse of power by the officials
of the States.
5. The French Declaration of the Rights of Man and of the
Citizen, 1789
The fall of Bastille and the abolition of feudalism, serfdom and class privileges by the National Assembly
ushered France into a new era.
On 4th August 1789, the National Assembly proclaimed the Rights of Man and of the Citizens. The Rights
were formulated in 17 Articles.
The Declaration of the Rights of Man and of the Citizen has far reaching importance not only in the history of
France but also in the history of Europe and mankind. The declaration served as the death warrant for the old
regime and introduced a new social and political order, founded on the noble and glittering principles.
Further the declaration served as the basis for many Constitutions, framed in different countries, where the
framers gave top priority to human rights.
6. Declaration of International Rights of Man, 1929.
After World War I, questions about human rights and fundamental freedoms began to be raised. In 1929, the
Institute of International Law adopted the Declaration of International rights of Man. The Declaration
declared that fundamental rights of citizen, recognized and guaranteed by several domestic constitutions,
especially those of the French and the U.S.A constitutions, were in reality meant not only for citizens of the
states but for all men all over the world, without any consideration.
7. The UN Charter, 1945.
The United Nations Charter was drafted, approved and unanimously adopted by all the delegates of the 51
states, who attended the United Nations Conference at San Francisco. The UN Charter contains provisions for
the promotion and protection of human rights. The importance of the Charter lies in the fact that it is the first
official document in which the use of ‘human rights’ is, for the first time traceable and which also recognized
the respect for fundamental freedom.
8. The Universal Declaration of Human Rights, 1948.
The Universal Declaration of Human Rights was adopted by the General Assembly of the United Nations on
10th December, 1948. The Declaration consists of thirty Articles and covers civil, political, economic, social
and cultural rights for all men, women and children. The declaration however is not a legally binding
document. It is an ideal for all mankind.
9. International Covenants on Human Rights
The Universal Declaration of Human Rights, 1948 was not a legally binding document. It lacked enforcements.
This deficiency was sought to be removed by the U.N. General Assembly by adopting in December, 1966, the
two Covenants, viz,
1. International Covenant on Civil and Political Rights and
2. International Covenant on Economic, Social and Cultural Rights.
The two International Covenants, together with the Universal Declaration and the Optional Protocols,
comprise the International Bill of Human Rights. The International Bill of Human Rights represents a
milestone in the history of human rights. It is a modern Magna Carta of human rights.

UN CHARTER AND HUMAN RIGHTS:

The basic object of international law since its origin has been to establish peace and security on the globe and
to help mankind to lead a life with liberty, equality, and freedom from the atrocities. In order to achieve this
objective, the officials of nation states have laid their emphasis to protect the rights of mankind. Accordingly,
the international legal policy started emphasizing on the promotion and protection of human rights
universally without any kind of discrimination on grounds of sex, religion, race etc. This philosophy ultimately
became the corner stone not only of all the branches of international law and the international community,
but that of the states in their Domestic Laws.
After the World War II, the victorious powers (popularly referred to as Allied powers, namely, the US, UK,
China, France, and former USSR) have taken the innitiative to end the wars in future and to settle any
disputes by peaceful means. This concept resulted in number of conferences, wherein the future nations and
peoples of the world could have their confidence and live with utmost liberty and dignity.
Accordingly, they decided to establish an organisation, which could provide the required legal regulation of
the states on the basis of their participation. The name `United Nations' was suggested for the future
organisation, by the Former US President Franklin D Roosevelt, in 1942. According to him, United Nations
represents a symbol of Unity of Independent Nations and their people who united to achieve peace forever
and to give away the concept of war. This concept of Roosevelt received widespread recognition by other
major countries. Accordingly, they established the United Nations in 1945.
Various movements which started from centuries back for the recognition of the rights of men and women,
received widespread recognition especially, in the western world. However, the independent recognition by
states in their constitutions had not given the much required acknowledgement in the international arena.
After the Second World War, the member states, while discussing on the establishment of United Nat ions
serious ly thought that in order to have similar rights of man across the world. Accordingly, after long
deliberations, the words human rights took birth in international law with the adoption of the Charter of the
United Nations on October 24, 1945.

United Nations Organization has some Principal organs, namely;

GENERAL ASSEMBLY
The General Assembly is composed of all the State parties' members to the United Nations. The present
strength of the UN is 193. The Assembly meets once in a year normally in September. The president of each
session is elected every year by the member states. The General Assembly is authorized by the Charter to
oversee the various aspects relating to human rights.
SECURITY COUNCIL
The Security Council is the main body responsible for the maintenance of peace and
security. It has a total strength of 15 out of which five are permanent members (U.K., USA, France, Russia,
and China) and 10 non-permanent members elected for every two years basing on geographical
representation. The Security Council is highest body, whose decision is final on any matter. To receive any
decision for implementation it requires at least a majority of 10 votes. The President of the Council rotates
every month between the 15 States in alphabetical order. The representatives of members states should
always be available in New York to facilitate the council to meet as and when it is necessary.
SECRETARIAT
The United Nations has a secretariat to coordinate with the entire work of all the organs of the UN. It
functions under a Chief Administrative Officer referred to as Secretary General. The term of Office of the
Secretary General is five years. It can be extendable indefinitely for any number of terms. However, no
Secretary General has worked more than two terms. The Secretary General is appointed by the General
Assembly on the recommendations of the Security Council. The Secretary General also normally elected on
the basis of geographical rotation. The Secretariat provides for studies, information, and facilities needed by
United Nations bodies for their meetings. The Secretariat is the depository for all the Legal Instruments
entered by the states. It carries the work as directed by the organs of the UN.
ECONOMIC AND SOCIAL COUNCIL
The Economic and Social Council is one of the principal organs of the UN. It is responsible for the work of the
Economic and Social affairs of the bodies of the UN. It has 54 states as its members. They are elected by the
General Assembly for three year term. The election of the States is based on geographical distribution of
regions of the world. It meets once in a year. This is the main body mostly looks after the affairs of the
Human Rights and recommends to the UN bodies.
International Court of Justice (ICJ)
The ICJ is the main Judicial Organ of the UN. It is situated in the Peace Palace at The Hague in the
Netherlands. It settles the disputes submitted by the States and renders advisory opinion to the United
Nations. The Court consists of 15 judges elected for a nine year term by the UN. The election takes place
every three years, basing on the retirement of one third of judges. The President of the Court is elected by
the judges.

Provisions of the UN Charter dealing with Human Rights

The preamble of the United Nations, as discussed above, declared its aim to wipe out the fear of war, the
promotion of human rights and the worth of human person and dignity of mankind. It also seeks to establish
justice, and promotes corporation between the States to discharge their duties to create a just economic,
social and cultural order wherein mankind can realize the fundamental human rights in accordance with the
principles of international law. Accordingly, a number of provisions of the Charter have incorporated human
rights. They are as follows:
1. Article 1 of the Charter lays down the purposes of the United Nations.
Accordingly, it is one of the duties of the UN as a world body to take necessary steps to achieve international
co-operation in order to reduce the inequalities of economic, social, and cultural aspects. It also oversees to
promote and encourage the nation-states to respect the human rights of man and the promotion of all the
fundamental freedoms without any distinction to race, sex, language or religion.
2. Article 8 lays down that the UN shall place no restriction on the eligibility of men and women to participate
in any capacity equally in its principal and subsidiary organs. According to the provisions of this article, all
persons of the world are eligible to join the UN and serve in its jobs as per the qualifications prescribed for
each post. These jobs, the internships, and various projects that are available with UN are open to all without
any discrimination to race, sex, language or any other ground.
3. According to Article 13, to achieve the purposes and objectives of the Charter, especially with respect to
the promotion of Human Rights, the General Assembly (since the General Assembly represents all the
nations), it has been entrusted with the task of taking harmonized steps in the promotion of human rights of
economic, social, cultural, educational and fundamental freedoms.
4. According to Article 55, it is the responsibility of the United Nations to take all necessary legal steps to
promote peace and cooperation between the member countries to attain higher standards of living, full
employment and the promotion economic and social progress;
(a) To suggest solutions to help the states to achieve internationally economic, social, health, education, and
cultural relations of a high standard; and
(b) To promote universal respect for human rights without any discrimination on any grounds whatsoever. To
achieve the objectives stated in the Article 55, the member states established the Economic and Social
Council as one of the significant organs of the United Nations, in order to assist the General Assembly in
realizing the protection and promotion of human rights.
5. According to Article 76, the member states established a Trusteeship Council as another principal organ.
6. The above are the most important objectives of UN to achieve the fundamental freedoms of human beings
across the globe. According to Article. 7 the UN will have six principal organs as discussed above. The function
of all the organs is to carry out the duties towards the nation-states, which includes the promotion of human
rights as their principal duty.
7. If any country disobeys the mandate, especially in the promotion and protection of human rights, or if any
country is under threat from another country, the Security Council is empowered to take all necessary steps
including even to declare a war to achieve peace and security, which includes the promotion and protection
of human rights. (Article 51)
8. Apart from the above, in accordance with Article 55, the Security Council may direct the regional
organizations ( like European Union, SAARC etc., these organizations are established by member states of the
UN to settle their internal differences or to promote their relations that are specific to their region only).
The aim of these organizations is to assist the UN and to achieve the economic, social, cultural aspects and
fundamental freedoms of each region quickly and to resolve the differences between them at the regional
level. After the establishment of the United Nations, inorder to discharge its commitment for the promotion
of Human rights it has established a small committee of nine members on February 15, 1946 to take steps for
the preparation of an International Bill of Human Rights.

THE UNIVERSAL DECLARATION OF HUMAN RIGHTS AND

ITS LEGAL SIGNIFICANCE:
Member states of the United Nations pledged to promote respect for the human rights of all. To advance this
goal, the UN established a Commission on Human Rights and charged it with the task of drafting a document
spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter. The
Commission, guided by Eleanor Roosevelt’s forceful leadership, captured the world’s attention.
On December 10, 1948, the Universal Declaration of Human Rights (UDHR) was adopted by the 56 members
of the United Nations. The vote was unanimous, although eight nations chose to abstain.
The UDHR, commonly referred to as the international Magna Carta, extended the revolution in international
law ushered in by the United Nations Charter – namely, that how a government treats its own citizens is now
a matter of legitimate international concern, and not simply a domestic issue. It claims that all rights are
interdependent and indivisible. Its Preamble eloquently asserts that:
[R]ecognition 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.

The declaration contains a preamble and 30 Articles. The preamble specifies the objectives and the Articles
deal with Civil and Political Rights, Economic, Social and Cultural Rights, while a few articles of this declaration
deal with the duties to be performed by all agents (this includes the states to render their duties towards
other states, to their people and minimum guarantees to the whole mankind wherever they reside. At the
same time, impose legal and moral obligations on the society towards individual's vis-à-vis individuals
towards society and international community). In other words, the declaration became the cornerstone of
international law to achieve its basic aim and object of securing peace and security, the concept of one world
and to make the world free from the fear of war.
Article 1 ( Free and Equal in Dignity and Right) :
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 (Prohibition of discrimination):
Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status.
Article 3 (Right to Life, Liberty, and Security):
Everyone has the right to life, liberty and security of person.
Article 4 (Prohibition of Slavery):
No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.
Article 5 (Prohibition of Torture):
No one shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.
Article 7 (Equality before the law) :
All are equal before the law and are entitled without any discrimination to equal protection of the law. All are
entitled to equal promotion against any discrimination in violation of this Declaration and against any
incitement to such discrimination.
Article 9 (Prohibition of Arbitrary Arrest) :
No one shall be subjected to arbitrary arrest, detention, or exile.
Article 10 (Right to a Fair Trial) :
Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in
the determination of his rights and obligations and of any criminal charge against him
Article 12 (Right to Privacy) :
No one shall be subjected to arbitrary interference with his privacy, family, home, or correspondence, or to
attacks upon his honour and reputation. Everyone has the right to the protection of the law against such
interference or attacks.
Article 13 (Freedom of Movement, exit, and Re-entry) :
1. Everyone has the right to freedom of movement and residence with the borders of each state.
2. Everyone has the right to leave any country including his own and to return to his country.
3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law
which are necessary to protect national security, public order, public health or morals or the rights and
freedoms of others and are consistent with the other rights recognized.
4. No one shall be arbitrarily deprived of the right to enter his own country.
Article 15 (Right to Nationality) :
1. Everyone has the right to a nationality.
2. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.
Article 16 (Right to Marry and Family Life) :
1. Men and women of full age without any limitation due to race, nationality or religion have the right to
marry and to found a family. They are entitled to equal right as to marriage, during marriage and at its
dissolution.
2. Marriage shall be entered into only with the free and full consent of the intending spouses.
3. The family is the natural and fundamental group unit of society and is entitled to protection by society and
the state.
Article 17 (Right to Property) :
1. Everyone has the right to own property alone as well as in association with others
2. No one shall be arbitrarily deprived of his property.

Article 18 (Freedom of thought, conscience and religion) :

Everyone has the right to freedom of thought conscience and religion; this right includes freedom to change
his religion or belief and freedom, either alone or in community with others and in public or private to
manifest his religion or belief in teaching, practice, worship, and observance.
Article 19 (Freedom of Opinion and Expression) :
Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions
without interference and to seek, receive and impart information and ideas through any media and
regardless of frontiers.
Article 20 (Freedom of Assembly and Association) :
1. Everyone has the right to freedom of peaceful assembly and association.
2. No one may be compelled to belong to an association.
Article 21 (Participation in Government) :
1. Everyone has the right to take part in the Government of his country directly or through freely chosen
representatives.
2. Everyone has the right of equal access to public service in his country
Economic, Social, and Cultural Rights
Article 22 (Economic, Social and cultural Rights):
Everyone as a member of society has the right to social security and is entitled to realization through national
effort and international cooperation and in accordance with the organization and resources of each state of
the economic social and cultural right indispensable for his dignity and the freedom of his personality.
Article 23 (Right to Work) :
1. Everyone has the right to work, to free choice of employment, to just and favourable conditions of work
and to protection against unemployment.
2. Everyone, without any discrimination has the right to equal pay for equal work.
3. Everyone who works has the right to just and favourable remuneration ensuring for himself and his family
an existence worth of human dignity, and supplemented, if necessary, by other means of social protection.
4. Everyone has the right to form and to join trade unions for the protection his interests.
Article 25 (Right to an adequate standard of living and health) :
1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his
family, including food, clothing housing and medical care and necessary social services, and the right to
security in the event of unemployment, sickness, disability widowhood, old age or other lack of livelihood in
circumstances beyond his control.
2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out
of wedlock, shall enjoy the same social protection.
Article 26 (Right to Education) :
Article 27 (Right to Culture) :
1. Everyone has the right freely to participate in the cultural life of the community to enjoy the arts and to
share in scientific advancement and its benefits.
2. Everyone has the right to the protection of the moral and material interests resulting from any scientific
literary or artistic product of which he is the author.

Article 30 (No Abuse of Rights) :

Nothing in this Declaration may be interpreted as implying for any state, group or person any right to engage
in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth
therein.

Significance of the UDHR

The Charter of United Nations aim is to protect the Human Rights and freedoms of the individuals at the
International level. In order to implement the mandate of the States, the UN adopted the Universal
Declaration of Human Rights. The Declaration is nothing but an extension of the ideology of what states
parties have conceived in the
Charter.
1. The adherence to the Declaration in true spirit will bring peace and security.
2. The Declaration with its non-binding nature has received universal recognition without any exception and
accepted by the whole international community.
3. All the states - even the communist countries (like former USSR, former Yugoslavia) - which were skeptical
in the beginning, gradually realized the significance and started defending the declaration.
4. The regular reference to the Declaration and the development of the provisions later crystallized into
Covenant on Economic, Social and Cultural Rights, Covenant on Civil and Political Rights, and the adoption of
independent texts on various aspects of human rights. All these texts conferred the status on thedeclaration
as a part of customary international law.
5. The Declaration became an extension o f the Charter of the United Nations. On Several Occasions, the
various organs of the UN including the Security Council and the General Assembly quoted its provisions in a
number of resolutions and documents.
6. The World Conference on Human Rights held at Vienna in 1993 made references to the UDHR and paid its
tributes to it.
7. The States parties (especially the developing states, several times made a mention of their rights and the
rights of their people in various areas of cooperation and concession of varied aspects of law by the
developed states) advanced their claims basing on the provisions of the Declaration.
8. The International Court of Justice and the municipal courts (especially the highest court of a country) in a
number of cases made significant references to UDHR in their decisions, led for wide judicial recognition.
9. In 1978 on its 30th anniversary, 84 States paid tributes to the Declaration in the Teheran conference of
Human Rights.
10. As a mark of respect to the declaration and its principles, the UN crystallized its millennium goals basing
on the unfulfilled dreams of it. These goals will drive the states to discharge their responsibilities to
accomplish the standards they themselves set in the declaration.
11. The extensive recognition and respect given to the declaration universally, and celebration of December
10 every year by the World Community led scholars to term it as the Magna Carta of the World, in upholding
the rights and fundamental liberties of the individuals.
 UNIT-II

TERRORISM AND HUMAN RIGHTS:

Introduction
Terrorism and human rights are inter-related to each other because when one starts other violates.
Terrorism is a global concern today and in true sense it has relation with the almighty. I have taken this topic
only because I have been working on this topic since when I lost my near ones in the terror attacks from 1993
bombay , 2002 gujrat, 2004 and 2006 in mumbai and the latest one in november 26 in different areas of
mumbai. Truly , this topic does not need a proper introduction but what it needs is a proper and rigid fullstop.
Terrorism itself is an attack on human rights. The direct linkage between terrorism and human rights was first
recognized by World Conference on Human Rights in Vienna,1993, of the vienna declaration and its
programme of Action stipulates that “ acts, methods and practices of terrorism in all its forms and
manifestation as well as linking in some countries to drug traffiking are activities aimed at the destruction of
human rights.
Some vital question of ethics, human rights, and value by means of dialogue between law and literature.
Terror or terrorism has never been far from the consciousness of poetic culture since
French Revolution and philosophers such as Burke and Kant were grappling contemporaneously with the
curious compulsion towards terror of the modern age. Terrorism is a deliberate and systematic murder,
maiming and menacing of innocent to inspire fear for political ends.
Terrorism according to me is a product of fanatical violence perpetrated generally in order to realise some
political ends to which all humanitarian and ethical beliefs are sacrificed. It is a use of force, threat, and
violence methods to combat to achieve certain goals that is aim to induce a state of fear in the victim, that it
is ruthless and against humanitarian norms and that publicity is an essential factors in the terrorist strategy.

Defining Terrorism
Terror and terrorism can be viewed either from the perspective of the person who applies it or from the
perspective of the person subjected to it. As Hegel observed that about the master- slave relationship, the
possibility of exchange of roles always exists. Applied terror and terrorism as function of domination alters
the human relation between the parties. Hegel sees this as a dialectical exchange with social as well
psychological complications.
The relation between the force of terror as instrument of state. Terror here is in the service of the state.
There is evidence that no human being can terrorize another human being without an exaltation which is the
Jacobean's thought of “virtue”. Terrorism by unofficial groups against the targets in another state or within
the state, if promoted or condoned by a government, may raise issues which are unlawful use of force by the
state. Terrorism is a means to to those fanatics who uses this as one of the most valuable weapon against all
the combined forces against it.

Factors Of Terrorism
This is a question which everyone has an answer and each answer varies from one another. This shows that
how people are concerned about this threat. This threat is no js personam and has its effect in all spheres of
life. In my project I will be dealing with various factors which promotes terrorism at large. These are
1. Economic aspect
2. Political aspect
3. Social aspect
4. Religious aspect
5. Ideological aspect

Politics Of Terrorism In India

The political systems are facing a major paradox at present. It relates to the stability of the nation- state
which, with its unprecedented military strength and a large panoply of other security arrangements, has
greater chances of fending off internal opponents and external aggressors. Thus the governments, in their
eagerness to secure and maintain a desired degree of obedience and loyalty, have frequently directed
institutionalized violence against their own citizenry as well as against other communities under their control.

Whose Human Rights Violation

The rights which are violated by the terrorist attacks on the innocent people and those who are involved in
the terrorist group. It is a well known fact no one in this world is a terrorist by birth. It is the society and the
endeavor taken by few fanatics' rather religious fanatics who washes the innocent brain which is supported
by illiteracy and poverty.
Role of hindutva on terrorism and the babri demolition and consequent attack on Bombay in 1993 and few
other attacks on India and the role of neighboring countries will be discussed in the final project/ draft in
different chapters
Role Of Police And National Human Rights Commission
In this chapter I will be dealing with the way police is been acting on these crucial and sentimental issues. The
human rights violation in the custody and steps taken by national human rights commission and media both
print and electronic.

Legislation And Its Myth

This chapter will be dealing with the steps taken by the legislature and the errors and lacunae in those
legislations and improper handling of cases by the authorities. This will also discuss the lack of
implementation of these laws and whether we need more anti terror legislations in our country. Some
abortive laws will also be discussed.

HUMAN RIGHTS OF MINORITIES:

Who are minorities under international law?
Adopted by consensus in 1992, the United Nations Minorities Declaration in its article 1 refers to minorities
as based on national or ethnic, cultural, religious and linguistic identity, and provides that States should
protect their existence. There is no internationally agreed definition as to which groups constitute minorities.
It is often stressed that the existence of a minority is a question of fact and that any definition must include
both objective factors (such as the existence of a shared ethnicity, language or religion) and subjective factors
(including that individuals must identify themselves as members of a minority).

RIGHTS OF MINORITIES IN INTERNATIONAL LAW:

Recognition and Identity:
Civil and Political rights:

Prohibition of Discrimination and Positive Measures:

Prohibition of discrimination is a fundamental principle of human rights, contained in majority of human
rights instruments. J I This fundamental and general principle is a manifestation of the principle of equality
and means the equal protection of the law far all. Principle of non-discrimination requires that any right set
forth by legislation shall be secured without discrimination on any ground such as sex, race, color, language,
religion, political or other opinion, national or social origin, association with a national minority, property,
birth or other status. The International Convention on the Elimination of All Forms of Racial Discrimination,
regarding non-discrimination measures, obliges states to "prohibit and bring to an end, by all appropriate
means, including legislation as required by circumstances, racial discrimination by any persons, group or
organization.
Rights of Minorities in Indian Constitution:
The Indian Constitution ensures “justice, social, economic and political” to all citizens. The Indian Constitution
has adopted measures for the protection of the rights of the religious and ethnic minorities and of the socially
and economically disadvantaged classes such as the scheduled castes and scheduled tribes.
The Indian constitution enshrines various provisions for the protection of the rights and interest of the
minorities:
Firstly, India declares herself a secular state. No particular religion or the religion of the overwhelming
majority, has been made the religion of the state.
Secondly, Article 29 give the religious and linguistic minorities right to establish and manage educational
institutions of their own. The minorities have been given the unrestricted rights to promote and preserve
their own culture. Indeed, India is a country of diverse cultural groups and She is keen to preserve her cultural
diversity. Thus for example, even though, Hindi is made the official language of India, primary education
everywhere is given in the mother tongue. It may be noted that there are over 20 official languages in India.

Thirdly, Article 29 expressly forbids discrimination on grounds of race, religion, caste, language, in admission
to educational institutions run by the state or receiving aids from the state. This means that the doors of all
educational institutions run by government or receiving funds from the state are open to all groups of
Indians. Linguistic, religious or ethnic minority students cannot be denied admission to such educational
institutions.
Article 30 is vital to the protection and preservation of rights of the minorities. The minorities have been
given the right to establish and administer educational institutions of their choice. The state also cannot
discriminate against educational institutions established and managed by the minorities in matters of
granting aids. Such educational institutions however must receive state recognition. The state educational
authorities have the right to regulate such educational institutions because the “right to manage does not
include the right to mismanage.”

Article 16 guarantees that in matters of public employment, no discrimination shall be made on grounds of
race, religion, caste or language etc. This means that in matters of public employment, all Indians are placed
on a footing of equality. Every citizen of India will get equal employment opportunity in government offices.
Finally, Article 25 of the Indian constitution guarantees freedom of religion to every individual. This article of
the Indian constitution ensures that the members of the religious minority community have the unhindered
right to follow their own religion. The state regulates the practice of a religion only when and to the extent it
disturbs public peace. The minority not only has the right to follow their own religion, they also have the right
to propagate it. But the state certainly does and should regulate conversion through force or temptation.
Forcible conversion is forbidden because it transgresses the individual’s freedom of conscience.
On the whole, the minorities of all kinds have very secure rights in India which must be a matter of envy to
the minorities elsewhere

HUMAN RIGHTS OF DISABLED:

A disability is often described in terms of lack of normal functioning of physical, mental or psychological
processes. It is also defined as learning difficulties or difficulties in adjusting socially, which interferes with a
person’s normal growth and development. Often, the term ‘handicapped’ is used, but this is termed
politically incorrect now.

There are two approaches to viewing disability:

The Medical Approach to Disability:
The medical approach looks at disability as a medical problem. A person is disabled because of a medical
condition that makes him/her mentally, physically or emotionally less perfect. Such a person has limitations
in functioning, which it may be possible to cure or control through medication, rehabilitation therapies and so
on. Disability is seen as an individual’s concern and all the problems relating to disability happen because of
the limitations of the individual. For example, if a person cannot move to the top floor because he/she is
unable to use the stairs, the person is disabled.
The Social Approach to Disability
The social approach recognises that people are different in terms of learning styles, kinds of intelligence, etc.
In this approach, disability is not looked at in isolation, but considered the result of social and environmental
factors that vary from one culture to another. Each culture has its own ideas of what is normal and each
culture puts pressure on people to conform with that norm. Thus, the social approach takes a ‘human rights
approach’, unlike the medical approach, and it emphasises the fact that disabled people become
marginalised and treated unfairly because society does not make adequate provisions for their differences.

What are the Rights of the Disabled?

People who have been perceived as being different from what is considered normal, whether in the physical,
mental or emotional sense, have suffered discrimination in many ways. This discrimination takes various
forms.
It could range from less respect and dignity to harsher forms of abuse. Disabled people have often been
subjected to physical and sexual abuse or forced to live in institutions that isolated them from society. Stories
of abuse were also not uncommon. Disabled people have often been restrained from getting married or from
having children. Often, extreme forms of abuse have extended to them being abandoned or even murdered.
Unfortunately, for a long time, society did not even view its treatment of disabled people as being wrong.
Disabled people were just perceived as ‘less than’ or ‘not quite’ human. However, with the growth of human
rights and the recognition of several marginalised groups, people with disabilities have also been recognized as
a marginalised group. They began to be viewed not as less human, but as humans who could attain their full
potential if they received the opportunities to do so.
Over time, a number of international standards and steps were established internationally in order to protect the
rights of the disabled. Here’s a quick list of some of these:
• The Universal Declaration on Human Rights, (1948);
• The International Convention on Civil and Political Rights, 1966;
• The International Covenant on Economic, Social and Cultural Rights, 1966;
• The UN Declaration on the Rights of Mentally Retarded Persons;
• The UN Declaration on the Rights of Disabled Persons;
• General Comment No. 5 to the International Covenant on Economic, Social and Cultural Rights (ICESCR),
1994;
• Decade of Disabled Persons, 1983-92;
• Asia Pacific Decade of Disabled Persons, 1993-2002, and
• Asia Pacific Proclamation on the Full Participation and Equality of People with Disabilities in the Asian and
Pacific Region, 1992.

Although the Universal Declaration on Human Rights (UDHR) and the International Covenant on Economic,
Social and Cultural Rights (ICESCR) spoke about frameworks to prevent discrimination against human beings
on a number of grounds, disability was not one of them. Thus, there was a need for specific instruments
dealing with disability. However, we must note that specific instruments have also been criticised as
increasing the sense of exclusion that disabled people feel when compared with the mainstream.
Deeply concerned about the situation faced by the 600 million persons with disabilities around the world and
conscious of the need for an international instrument, the UN General Assembly decided to establish a
committee to consider proposals for an international convention to protect the rights and dignity of persons
with disabilities, based on the holistic approach in the work done in the fields of social development, human
rights and non-discrimination. Thus, the shift towards a particular stress on disabilities was well grounded in
the human rights approach.
Here’s a brief note on the laws relating to the rights of disabled people in India:
The Rehabilitation Council of India Act, 1992
This established the Rehabilitation Council of India, a body that standardises and improves the quality of rehabilitation
services available to people with disabilities.
The National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple
Disabilities Act, 1999
As the name suggests, this Act requires the setting up of a body to promote the welfare of the categories of
people mentioned in its name. This is important more so because as we will see later, some of these
categories are outside the scope of the Persons with Disabilities Act. Importantly, the Act not only talks about
institutional machinery for the care of such disabled people, it also focuses on ways to empower disabled
persons to live independently or as fully as possible within the community.
The Mental Health Act, 1987
This Act amended and improved old laws relating to the care and treatment of people who suffered from a
mental illness. From the human rights perspective, this Act clearly provides that people with a mental illness
should not be subjected to physical or mental indignity or cruelty and that they should not be used for
research without informed consent from competent persons.

A Look at Some of the Special Issues Facing People Living with Disabilities:
Accessibility:
Given their history of segregation and isolation, the right to full participation in the community is one that
people with disabilities value very highly. However, in order to participate in the life of the community, a
person needs to get around. Whether he/she is going to school, to work or to use recreational facilities, the
ability of a disabled person to move around in the immediate vicinity of his/her living space or travel further
afield is critical to making him/her feel like a valued and effective member of the community. However, most
community facilities in the world have been designed for and cater to only able-bodied individuals.
Education:
Rather than being perceived as a right, education has been seen as something extra for people with
disabilities. Almost 90 per cent of educational opportunities for people with disabilities come from the non-
governmental, private or voluntary sectors. In 1971, UNESCO noted that in India, the general principle of
compulsory education was stated, but it was up to each state to decide how long such education would be
provided and to whom. Given here are some of the landmarks in education for children with disabilities in
India:
Integrated Education for Disabled Children, 1974:
The government launched the first major scheme to promote integrated education, called Integrated
Education for Disabled Children, in 1974, primarily directed at children with visual and hearing impairments
National Open Schools
The establishment of the National Open School system, which allows for greater flexibility to accommodate
the learning needs of non-conventional learners, has been beneficial for many students with disabilities.
Greater awareness about and recognition for the system needs to be generated, both among the academic
community as well as the general public, so that graduates from the Open School system do not face
discrimination in the fields of higher education and employment.

Employment:
An important part of being human and living with dignity relates to the ability to find work that is dignified,
meaningful and, usually, associated with remuneration of some kind. However, this is not an option for many
people with disabilities in many countries. Often, the only employment that people with disabilities are able
to find are in ‘sheltered workshops’, not all of them in conducive working conditions. At the other end of the
spectrum, there have also been times in society and individuals who have used the services of disabled
people in conditions equivalent to slave labour, without any or adequate remuneration and in undignified
conditions.

In India, the Persons with Disabilities Act, 1995, contains many provisions relating to employment. Some of
the major provisions are listed here:
• Governments will identify positions in establishments that can be reserved for people with disabilities and
update the list at least every three years, keeping in mind increased opportunities as technology allows
greater access to people with disabilities into more areas of work;
• A quota of 3 per cent of the positions in government establishments will be reserved for people with
disabilities, and 1 per cent each for people with hearing impairments, blindness or low vision, and orthopaedic
disabilities. Only if suitable candidates are not available for two consecutive years from any category may
persons without disabilities be considered for the position;
• Job vacancies suitable for people with disabilities must be notified through Special Employment Exchanges;
• Government and government-aided educational institutions will reserve at least 3 per cent seats for people
with disabilities;
• At least 3 per cent of the beneficiaries in poverty alleviation schemes will be people with disabilities;
• Providing for training;
• Relaxing the age limit;
• Promoting accessible environments;
• Undertaking health and safety measures, and
• Providing incentives to private and government employees to raise their induction of employees

Other Issues:
Poverty and Disability: On the one hand, poverty causes disability; on the other, disability and its
consequences are increased by poverty. Vitamin deficiencies, lack of calcium and iodine in the diet, anaemia
and malnutrition of both children and pregnant and nursing mothers, often the result of poverty, can be
causally related to disability. Unsanitary living conditions and lack of basic amenities can cause diseases such
as typhoid, tuberculosis, polio and meningitis, which can also lead to disabilities. Lack of appropriate
information, access to primary healthcare and
immunisation services also plays a role in causing disability. Up to 50 per cent of common disabilities are
preventable.
• Disability and Gender Equity: An overwhelming number of societies in the world are patriarchal, i.e. the
balance of power between the sexes is tilted in favour of men. In these societies, women are routinely
discriminated against in multiple ways. When women are also disabled, they suffer a double handicap of
gender discrimination as well as disability related discrimination.
 UNIT-III

HUMAN RIGHTS IN INDIA INCLUDING CONSTITUTIONAL

GUARANTEE:
Today human rights are central to the discourse of International Public Policy and Scholarship. And the
mechanisms have evolved dramatically since the signing of the Universal Declaration of Human Rights (UDHR)
on 10 December 1948. Human Rights do not exist in a vacuum, inevitably, they are formulated by individuals
and state and they are implemented by states themselves. However, a number of national, regional and
international bodies exercise responsibility for overseeing the monitoring of human rights and ensuring that
states comply with obligation.
The Constitution of India was drafted by the Constituent Assembly on 9th December, 1946 and after long
discussions and debates by the foremost legal luminaries and thinkers of our country the draft Constitution
was finally adopted on 26th November, 1949. The framers of the Indian Constitution were influenced by the
concept of human rights and guaranteed most of human rights contained in the UDHR. The UDHR contains
Civil and Political as well as Economic Social and Cultural rights. While Civil and Political rights has been
incorporated in Part III of Indian Constitution i.e. Fundamental Rights, as Economic Social and Cultural rights
have been incorporated in Part IV of the Constitution i.e. Directive Principles of States Policy. The inclusion of
important provisions of UDHR in the Constitution of India has given them supremacy over all other statutory
provisions.

FUNDAMENTAL RIGHTS
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.
1 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 also to prohibit
discrimination on the grounds of religion, race, caste, sex or place of birth.
(i) Equality before Law:
(ii) No Discrimination on the basis of Religion, Race, Caste, Sex or Place of Birth
(iii) Equality of Opportunity to all Citizens in matter of Public Employment:
(iv) Abolition of Untouchability:

2 Right to Freedom
You will agree that the freedom is the most cherished desire of every living being.
Human beings definitely 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:
I. 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 practise any profession or to carry on any occupation, trade or business
II. 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.
III.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.
IV. 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. Moreover, the
arrested person must be produced before the nearest magistrate within 24 hours of such an arrest excepting
a person who has been arrested under preventive detention law. The case of the person arrested under
preventive detention law has also to be referred to an Advisory Board within a period of three months of his
or her arrest.

3 Right against Exploitation

Have you ever thought how many ways exploitations take place in our society? You might have seen a small
child working in a tea shop or a poor and illiterate person being forced to work in the household of a rich
person. 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:
a. Prohibition of traffic in human beings and forced labour: Traffic in human beings and begar and other
similar forms of forced labour are prohibited and any breach of this provision shall be an offence punishable
in accordance with law.
b. Traffic in human beings means selling and buying of human beings as material goods. Trafficking, especially
of young women, girls and even boys is continuing as an illegal trade.
2. Earlier especially in the feudal Indian society, people belonging to the poor and downtrodden sections
were made to do work free of charge for landlords and other powerful people. This practice was Begar or
forced labour.

c. Prohibition of employment of children in factories, etc.: As the Constitution provides, no child below the
age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous
employment.
4 Right to Freedom of Religion
As you know, one of the objectives declared in the Preamble is “to secure to all its citizens liberty of belief,
faith and worship”. 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. This freedom is available to the foreigners as well. In respect of the Right to freedom the
Constitution makes the following four provisions under Articles 25-28:
A.Freedom of conscience and free profession, practice and propagation of religion: All persons are equally
entitled to freedom of conscience and the right to profess, practise and propagate religion freely.
b. Freedom to manage religious affairs: Subject to public order, morality and health, every religious group or
any section thereof shall have the right (a) to establish and maintain institutions for religious and charitable
purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable
property; and (d) to administer such property in accordance with law.
c. Freedom as to the payment of taxes for promotion of any particular religion: No person shall be
compelled to pay any tax, the proceeds of which are specifically used in payment of expenses the incurred on
the promotion or maintenance of any particular religion or religious sect.
d. Freedom as to attendance at religious instruction or religious worship in certain educational institutions:

5 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:
a. Protection of interests of minorities: Any minority group having a distinct language, script or culture of its
own shall have the right to conserve the same.
No citizen shall be denied admission into any educational institution maintained by the State or receiving aid
out of State funds on grounds only of religion, race, caste, language or any of them.
b. Right of minorities to establish and administer educational institutions:
All Minorities, whether based on religion or language, have the right to establish and administer educational
institutions of their choice.

6 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 courts. We can
directly approach the Supreme Court that can issue directions, orders or writs for the enforcement of
Fundamental Rights.
7 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.

So far as human rights concerning economic, social and cultural aspects are concerned, the fact remains that
Directive Principle of State Policy contained in Part IV of the Constitution are definitely much more exhaustive
than the Universal Declaration. There are number of principles and rights contained in Part IV of the
Constitution which do not find mention in the Universal Declaration. Such rights and principles are:
Equal justice and free legal aid (Article 39 A)
Organization of village panchayat (Article 40)
Participation of workers in management industries (Article 43-A)
Uniform Civil Code (Article 44).
Promotion of education and economic interests of scheduled castes, scheduled tribes and other weaker
sections (Article 46).
Protection and improvement and safeguarding of forests (Article 48 A) etc
Economic, Social and Cultural Rights.
JUDICIAL ACTIVISM AND THE PROTECTION OF
HUMAN RIGHTS IN INDIA:
Role of Non – Governmental Organizations in the Promotion
and Protection of human rights:
Many organizations around the world dedicate their efforts to protecting human rights and ending human
rights abuses. Public support and condemnation of abuses is important to their success, as human rights
organizations are most effective when their calls for reform are backed by strong public advocacy[]. Non
Governmental Organization is one of the examples of such groups. In every part of the globe, there are Non-
Governmental Organizations’ (NGOs) working every hour of the day to document the injustices heaped upon
women, children and the under-class, standing beneath the bottom rung of the society. By their active
campaigning, they remind Governments to keep their promise in order to give practical shape to goals set by
various national and international conventions on human rights. India is estimated to have between 1 million
and 2 million NGOs.[] The NGO are a necessary corollary to the democratic machinery of the government,
they are means of democratic empowerment of those who are less powerful and less advantaged as the
government machinery and its authorized institution are not always sufficient to guarantee the protection of
human right
Human Right and NGO
Human rights as the ‘Rights relating to life, liberty, equality, and dignity of individuals guaranteed by the constitution or
embodied in international covenants and enforceable by the courts in India’[]
The term non-governmental or, more accurately non-profit is normally used to cover the range of organizations which go
to make up civil society. Such organizations are characterized, in general, by having as the purpose of their existence
something other than financial profit. However, this leaves a huge multitude of reasons for existence and a wide variety
of enterprises and activities. NGOs range from small pressure groups on, for example, specific environmental concerns
or specific human rights violations, through educational charities, women's refuges, cultural associations, religious
organizations, legal foundations, humanitarian assistance programs.[]The Economic and Social Council may make
suitable arrangements for consultation with nongovernmental organizations which are concerned with matters within its
competence. Such arrangements may be made with international organizations and, where appropriate, with national
organizations after consultation with the Member of the United Nations concerned.

NGO’s have a vital role to play in the promotion and protection of human right specially in the developing country, has
the largest number of NGO’s whose activates are spared in different fields for the welfare of human being including the
promotion and protection of human right.

Role of NGO
“The 21st Century will be an era of NGOs.” — Kofi Annan, Former UN Secretary General
The world conference on human right was held in Vienna in Austria in 1993, with objective “to review and assess the progress
made in the field of human right”. The resolution no 38 of the declaration stated –the world conference on human right
recognizes the important role of Non Government Organization in the promotion of all human right and in humanitarian.

NGO organization have functioned as the conscience of the national in the field of human right by taking prompt action to
investigate the instance human right by undertaking and the spot studies and publishing the observations.

NGOs play a pivotal, role in many fields, such as in prevention of HIV/AIDS, to educate to teach and train vulnerable groups,
child care, child exploitation, child labour, bonded labour, in sex tourism, and providing counselling in number of matters
including domestic disputes, subject relating to rights of women and children and so on.

Among the wide variety of roles that NGOs play, the following are important
The Social Welfare Role - where relief and charity are key actions. NGOs in this role can be seen as initiating internal
programs and projects.

The Mediatory Role - where communication as a skill is important for development and social action. NGOs in this role can be
seen as participating or taking up external programs and projects.

The Consultative Role - where support documentation and dissemination of information and expertise is critical. NGOs in this
role can be seen as working in collaborative programs. Local experts/professionals/resource persons play major secondary
roles.

Development and Operation of Infrastructure: Community- based organizations and cooperatives can acquire, subdivide and
develop land, construct housing, provide infrastructure and operate and maintain infrastructure such as wells or public toilets
and solid waste collection services.

Supporting Innovation, Demonstration and Pilot Projects: NGO have the advantage of selecting particular places for innovative
projects and specify in advance the length of time which they will be supporting the project - overcoming some of the
shortcomings that governments face in this respect.

Facilitating Communication: The significance of this role to the government is that NGOs can communicate to the policy-
making levels of government, information about the lives, capabilities, attitudes and cultural characteristics of people at the
local level. NGOs can facilitate communication upward from people to the government and downward from the government to
t he people.

Technical Assistance and Training: Training institutions and NGOs can develop a technical assistance and training capacity
and use this to assist both CBOs and governments.

Research, Monitoring and Evaluation: Innovative activities need to be carefully documented and shared - effective
participatory monitoring would permit the sharing of results with the people themselves as well as with the project staff.

Advocacy for and with the Poor:

In some cases, NGOs become spokespersons or ombudsmen for the poor and attempt to influence government policies and
programs on their behalf. This may be done through a variety of means ranging from demonstration and pilot projects to
participation in public forums and the formulation of government policy and plans, to publicizing research results and case
studies of the poor. Thus NGOs play roles from advocates for the poor to implementers of government programs; from
agitators and critics to partners and advisors; from sponsors of pilot projects to mediators.[]
Role of NGO at International level in protecting human right

At the international level, the status of human rights is watched by many NGOs. Amnesty International is one such
organization. This Organization is dedicated to publicizing violation of human rights, especially freedom of speech and
religion and right of political dissent. It also works for the release of political prisoners and, when necessary, for the relief of
their families. For its commendable services in the field of human rights, Amnesty International was awarded the Nobel Prize
for peace in 1977.

International NGOs
The Fred Hollows Foundation
It is a non-profit, community-based, non-government development aid organization that focuses on treating and preventing
blindness and other vision problems. It operates in Australia, The Pacific, South and South East Asia, and Africa.

Human Rights Foundation

The Human Rights Foundation (HRF) is a non-profit organization whose stated mission “is to ensure that freedom is both
preserved and promoted” in the Americas. [The Human Rights Foundation was founded in 2005 by Thor Halverson. Its head
office is in New York City, New York, USA. Its definition of human rights focuses on the essential ideals of freedom of self-
determination and freedom from tyranny and the rights of property.

Role of NGO at national level in protecting human right

Ramakrishna Mission Home of Service:
It is an Indian non-governmental organization established in Varanasi , established in 1900 and became a branch of
Ramakrishna Mission in 1902. It manages an education program on essential health problems in schools, slums and villages of
Uttar Pradesh (India) thanks to auto produced multimedia educational films.
Child Rights and You:
Rights and You (formerly Child Relief and You, till 2005), commonly abbreviated as CRY is a non-profit organization in India
that aims to restore children’s rights in India. The organization was established in 1979. The organization partners with grass-
roots Nongovernmental organizations to uplift thousands of Indian children denied basic children’s rights In 2007, its media
campaign showing “smiling kids” and asking citizens to partner instead of simple donate, was seen as departure from
stereotypical NGO sector advertising in India

Bandhua Mukti Morcha:

Bandhua Mukti Morcha (BMM) or Bonded Labour Liberation Front (BLLF) is a non-governmental organisation in India
working to end bonded labour. Based in New Delhi, it was founded in 1981 by Swami Agnivesh who continues as its
chairman. Bonded labour was legally abolished in India in 1976 but it remains prevalent, with weak enforcement of the law by
state governments. Estimates of the problem vary. Official figures include a 1993 estimate of only 251,000 bonded labourers
while BMM says there are 65 million bonded child labourers, and a larger number of adults. A 2003 project by Human Rights
Watch has reported a major problem with bonded child labour in the silk industry, BMM’s efforts are credited with the passing
of legislation to abolish child labour in India (the Child Labour (Prohibition and Regulation) Act 1986
The list of NGOs is by no means exhaustive. There are many other organisations working for the cause of human rights. The
work of five organisations is reported here by way of illustration only.
Role of NGOs in protecting Human Right through Judiciary and NHRC

NGOs have played an important role in the protection of human rights. They cannot succeed in their role unless there is help
from the judiciary. The NGOs help the victim of human right violation by providing them assistance and advice. The NGOs
have filed cases, writ petitions and public interest litigation on behalf of victims and public at large for protection of human
rights. The NGOs have fought against the system of bonded lab our, fake encounters by police, protection of women children’s
rights, custodial violence and custodial death, prevention of torture and other in human practices. The judiciary has passed
appropriate order and given compensation to the victims on a petition by the NGOs. The NHRC encourages NGOs in the of
human rights. The NGOs also take up cases of violation to the NHRC and state human rights commissions.

The following are some examples in which NGO take an action in court for protecting human right:
1. Vishaka & Ors vs State of Rajasthan & Ors
2. Peoples’ Union For Democratic Rights V. State Of Bihar & Ors (19 December 1986)
3. Bandhua Mukti Morcha vs Union Of India & Ors (16 December 1983)
4. Saheli V/S Commissioner Of Police
5. People’s Union for Democratic Rights V/s Police commissioner Delhi, head quarters 1989 4 SCC 730.

Contribution of NGOs towards the development of Human Rights

* They mobilize public opinion.
* They contribute a lot to the society.
* They pressurize the government on certain issues, such as protection of prisoners rights, torture etc.
* They approach the judiciary on behalf of poor people who otherwise have no access to justice.
* They ask for submission of certain reports.
* The play a special role especially in the developing countries for the development of human rights.

HUMAN RIGHTS AND ENVIRONMENT PROTECTION:

ABSTRACT & INTORDUCTION
Environmental issues have drawn the attention of common people as environmental degradation and pollution
have assumed global dimension and are even threating the very existence and survival of mankind. It may be
both natural and man made.
DEFINITION OF ENVIRONMENT
According to section 2(A) of Environment Protection Act, 1986 Environment includes:
(a) Water, Air and Land
(b) The interrelationship which exists among and between-
(i) Water, Air, Land
(ii) Human being, other living creatures, plants, micro-organism and property.

Man, moving on the path of development has turned from changer to transformer and now to destroyer of
the environment. He is progressing continuously and meticulously. Simultaneously natural environment is
disintegrating. Socio-economic development of man depends on the environment and this development
influences the environment. Mankind therefore made a bold move and held the UN Conference on Human
Environments in Stockholm (Sweden) in 1972 that brought man closure to nature. The preamble of it states,
'the need for a common outlook and for common principles to inspire and guide the peoples of the world in
the preservation and enhancement of the human environment
The declaration makes a historic analysis of the problem of global environment and human rights. It says,
'Man is both creature and molder of his environment, which gives him physical sustenance and affords him
the opportunity for intellectual, moral, social and spiritual growth. Both aspects of man's environment, the
natural and man-made, are essential to his well being and to the enjoyment of basic human rights even the
right to life itself.
The protection and promotion of the basic human rights is the duty of state. Also to protect the environment
is essential because with the growth of commercialization and man's greed, over exploitation of environment
has become a common feature. This can be checked only through proper legislation. So the need is to make
such environmental laws those concerned to protect global and national environments so that man lives in
harmony with nature and attains his goals of a creative and happy life.
Initially, the subject of protection of human rights and environment was dealt with in a fragmentary manner
under international law through various international conventions, treaties and laws. A few important of
these are :-
• International Plant Protection Convention, 1951.
• The International Convention for the Prevention of the Pollution of the Sea by Oil, 1954.
• The Nuclear Weapons Test Ban Treaty 1963.
• Treaty on the Non-Proliferation of Nuclear Weapons, 1968.
• The African Convention on the Conservation of Natural Resources, 1968.
• Treaty on Oil Pollution in Seas, 1969.
• The Convention of Wetlands of International Importance, 1971.
• The Convention of the Protection of the World Cultural and Natural Heritage, 1972.

PROVISION OF ENVIRONMENTAL LAW IN INDIA

Apart from international laws, every country has enacted laws regarding environment protection, pollution
control etc. In India, there are several acts for environment protection that says protection of environment is
the duty of government. Also the purpose of state is welfare of citizens and establishment of such a society
that ensures people a human dignity a human living and finally an equal and humane socio-economic
relationship. The intermeshing of human rights can be seen from the fact that ecology and environment are
today considered control focus of a person's entitlement.
In India a separate ministry namely The Department of Environment was established in 1980 to ensure a healthy
environment for the country. The main acts for environment protection in India are as follows :-
1. The Forest Conservation Act, 1980.
2. The Prevention of Air and Water Pollution, 1974, 1981
(The Central Pollution Control Board) (CPCB) was constituted under this act.
3. The Air Prevention and Control of Pollution, 1981.
4. The Atomic Energy Act. 1982.
5. The Environmental Protection Act, 1986.
(It came into force soon after the Bhopal Gas Tragedy)
6. The Environmental Conservation Act. 1989.
7. The National Environmental Tribunal, 1995.
8. National Environmental Appellate Authority Act, 1997.
9. National Environment Management Act (NEMA), 1998
10. Handling and Management of Hazardous Waste Rule in 1989.
11. The Public Liability Insurance Act (Rules and Amendment), 1992.
12. The Biomedical Waste Management and Handling Rules, 1998.
13. The Environment (Siting for Industrial Projects) Rules, 1999.
14. The Municipal Solid Waste (Management and Handling) Rules, 2000.
15. The Ozone Depleting Substance (Regulation and Control) Rules, 2000.
16. The Biological Diversity Act 2002.

Rights and Duties under the Indian Constitution

Rights and duties of man are inter-connected. Human Rights can not be attained unless man fulfils his duties.
The UN Declaration of Human Environment in 1972 has clearly brought on the balance between rights and
duties. The general principles enunciated under the Declaration call for respect for nature, maintenance of
genetic viability, protection and conservation of unique areas of the eco-system, etc. Indeed an ecological
interpretation of the provisions of the Constitution of India has become inoperative. Many provisions relating
to human rights are contained in Part III of Indian Constitution. These provisions consists of Art. 12 to 35. Some
of the important articles on human rights are :- Art 14 provides for equality before law, Art. 15 prohibits
discrimination based on religion, race, caste, sex or place of birth, Art. 16 provides for equality in public
employment, Art 19 protects the right of freedom of speech Art. 21 provides protection of life and personal
liberty. Art 25 to 28 ensure the right of freedom of religion. Art. 29 & 30 provide for cultural and educational
rights. Thus, the Indian constitution ensures the protection of life and liberty of individuals and groups.
Let us examines the other provisions in the Indian Constitution for the protection of environment. The Art 47 provides that
this is the duty of the state, to raise the level of nutrition and the standard of living and to improve public health, the state
shall endeavor to bring about prohibition of the consumption except for medicinal purposes intoxicating drinks and of drugs
which are injurious to health. Art. 48A provides that the state shall eneavour to protect and improve the environment and to
safeguard the forests and wildlife of the country.
Environmental law in the context of human rights presents a new vision and a new scenario for mankind. A
new hope is born of creativity, harmony and human brotherhood. An environmental perspective of human
rights reveals that global progress is assured for the twenty first century based on eco-management of national
and global society. Our Constitution provides for a balance between human rights and duties based on harmony
with nature and harmony among people.

HUMAN RIGHTS OF ACCUSED PERSONS:

The accused in India are afforded certain rights, the most basic of which are found in the Indian Constitution.
The general theory behind these rights is that the government has enormous resources available to it for the
prosecution of individuals, and individuals therefore are entitled to some protection from misuse of those
powers by the government. An accused has certain rights during the course of any investigation; enquiry or
trial of an offence with which he is charged and he should be protected against arbitrary or illegal arrest.
Police have a wide powers conferred on them to arrest any person under Cognizable offence without going to
magistrate, so Court should be vigilant to see that theses powers are not abused for lightly used for personal
benefits. No arrest can be made on mere suspicion or information. Even private person cannot follow and
arrest a person on the statement of another person, however impeachable it is.
RIGHT OF ARRESTED PERSON UNDER THE INDIAN CONSTITUTION:
PRTECTION IN RESPECT OF CONVICTIONFOR OFFENCES:
Following are some important provisions creating rights in favour of the accused/ arrested persons:- Regarding
protection in respect of conviction for offence, Article 20 of the constitution, following are some important
provision creating right a favour of the accused / arrested person.

1.No person shall be convicted of any offence excepts for violation of a law in force at the time of commission
of the act charged as an offence, nor be subjected to a penalty greater the that which might have been inflicted
under the law in force at the time of the commission of the offence. 2. No person shall be prosecuted and
punished for the same offence more than once. 3. No person accused of any offence shall be compelled to be
a witness against himself".

The article 20 of the constitution of India provides three types of safeguard to the person accused of crimes m
namely -1 protection against ex-post facto Law: II guarantee against double Jeopardy, and III Privilege against
self incrimination.

Protection against ex postfact law article21 [1]:

Article 20[1] of the constitution contains two parts: 1 No person shall be convicted of any offence except for
violation of the law in force at the time of the commission of the act charged as an offence; 2 No person shall
be subject to penalty greater than that which might have been inflicted under the law in force at the time of
the commission of the offence..

Doctrine of “guaranteeagainst double jeopardy” article 20[2]:

The expression 'Double Jeopardy' used in the American law, but not in our constitution, the term double
jeopardy ' means exposé to loss or injury for double time.

Pprohibition aginst self incrimination or testimonial compulsion article 20[3]

Article 20[3] provides that no person accused of any offence shall be compelled to be a witness against
himself.
Explaining the scope of this clause in M.P. Sharma v. Satish Chandra,5 the Supreme Court observed that this
right embodies the following essentials:
(a) It is a right pertaining to a person who is “accused of an offence.”
(b) It is a protection against “compulsion to be a witness”
(c) It is a protection against such compulsion relating to his giving evidence “against himself.”

PROTECTION OR SAFEGUARD OR REMEDIES: ARTICLE-22

Right to be informed of ground s of arrest: article 22[1]

Article 22 (1) of the Constitution provides that a person arrested for an offence under ordinary law be
informed as soon as may be the grounds of arrest

Right to be defended by lawyer article 22[1]

Right to be produced before magistrate: article 22[2]

Right to free legal aid article 39-a

The „right to counsel‟ would remain empty if the accused due to his poverty or indigent conditions has no
means to engage a counsel for his defence
Right of appeal

Rights Of Arrested Person Under Crpc:

1. Right to Silence:
2. Right to Know The Grounds of Arrest:
According to Section 50(1) Cr.P.C . “every police officer or other person arresting any person without warrant
shall forthwith communicate to him full particulars of the offence for which he is arrested or other grounds
for such arrest.”
3. Information Regarding The Right To Be Released On Bail:
Section 50(2) Cr.P.C. provides that “where a police officer a rrests without warrant any person other than a
person accused of a non- bailable offence, he shall inform the person arrested that he is entitled to be
released in bail that he may arrange for sureties on his.

4. Right To Be Taken Before A Magistrate Without Delay:

Section 56: Person arrested to be taken before Magistrate or officer in charge of police station- A police
officer making an arrest without warrant shall, without unnecessary delay and subject to the provisions
herein contained as to bail, take or send the person arrested before a Magistrate having jurisdiction in the
case, or before the officer in charge of a police station.

5. Right Of Not Being Detained For More Than 24 Hours Without Judicial Scrutiny:
Section 57: Person arrested not to be detained more than twenty-four hours- No police officer shall detain in
custody a person arrested without warrant for a longer period than under all the circumstances of the case is
reasonable, and such period shall not, in the absence of a special order of a Magistrate under section 167,
exceed twenty-four hours exclusive of the time necessary for the journey from the place of arrest to the
Magistrate’s Court.
6. Right To Be Examined By A Medical Practitioner:
Section 54. Examination of arrested person by medical practitioner at the request of the arrested person:
When a person who is arrested, whether on a charge or otherwise, alleges, at the time when he is produced
before a Magistrate or at any time during the period of his detention in custody that the examination of his
body will afford evidence which will disprove the commission by him of any offence or which will establish
the commission by any other person of any offence against his body, the Magistrate shall, if requested by the
arrested person so to do direct the examination of the body of such person by a registered medical
practitioner unless the Magistrate considers that the request is made for the purpose of vexation or delay or
for defeating the ends of justice.

HUMAN RIGHTS OF WOMEN :

INTRODUCTION:
India is a country where woman is held in high esteem. “Mathru Devobhava” is the socio-cultural tenet that is
accepted uniformly at all times in this country. During Vedic period women enjoyed a considerable amount of
freedom and are treated as equal with men. But in the Post-Vedic period the status of women deteriorated.
In the Smritic era, Manu accorded inferior status to women. The period that followed reduced women to an
insignificant position.
During the medieval period the position of women worsened. Muslim invasion brought the purdha system
and seclusion of women. Girl child was taken as a liability leading to the practices of child marriage,
prohibition of widow remarriage and sati. With the practice of polygamy, limited access to education,
restricting women to household functions, child marriages, restriction of widows, sale of girls for marriages,
etc. the status of women further deteriorated.
British rule in India brought about many changes affecting the status of women. Female education, social
movements against the evils of sati system, prohibition of widow remarriage, and child marriages by great
social reformers increased the status of women. Many women’s organizations were formed and took up
various issues relating to women’s rights
In independent India women’s movements were given due recognition leading to series of legislative and
judicial steps to provide, protect and promote human rights of women.

CONSTITUTIONAL RIGHTS:
Women are provided with series of civil, political, social, economic and educational rights under the Indian
Constitution. Article 14 provides for equality. Article 15(1) prohibits discrimination inter alia only on the basis
of sex. Under Article 16(2), discrimination in respect of employment only on the basis of sex is not allowed.
These provisions lay foundation for the legal equality of men and women in India.

In addition to providing equality, the Indian Constitution accords special status to women in certain areas.
Thus, Article 15(3) enables the State to make special provisions for women. This is in recognition of the fact
that women in India have been under subjugation for centuries and require special protection so as to
empower them and make them effectively equal with men.
Reservation for women in local self-governing bodies and other bodies, concessions in tax for women
entrepreneurs, reservation in employments and educational institutions, etc. are based on this provision.

The Directive Principles of State Policy laid down in Part-IV of the Constitution also provide some human
rights to women. Article 39 provides three specific rights to women. Clause (a) says that the citizen, men and
women equally, have the right to an adequate means of livelihood.
Clause (d) mandates that there is equal pay for equal work for, both men and women. Clause (e) states that
the health and strength of workers, men and women and the tender age of children are not abused and that
citizens are not forced by economic necessity to enter avocation unsuited to their age or strength. Further
Article 41 says that the State shall make effective provision for securing the right to work, to education and to
public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of
undeserved want.
Article 42 directs the State to secure just and humane conditions of work and for maternity relief. Article 43
asks the State to strive to provide living wages and a decent standard of life.

Under the chapter on Fundamental Duties, Article 51-A (e) imposes the duty to promote harmony and the
spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional
or sectional diversities; to renounce practices derogatory to the dignity of women.

RIGHTS PROTECTED UNDER CRIMINAL LAW:

Special protective provisions are made in the Indian Penal Code to protect and promote human rights of the
women in India. Important ones are as follows:
Causing Miscarriage: “Whoever voluntarily causes a woman with child to miscarry shall, if such miscarriage be
not caused in good faith for the purpose of saving life of the woman, be punished with imprisonment of
either description for a term which may extend to three years, or with fine, or with both and if the woman be
quick with child, shall be punished with imprisonment of either description for a term which may extend to
seven years, and shall also be liable to fine.”
Outraging the Modesty of woman: Section 354 of IPC imposes punishment of up to two years imprisonment
and fine for assaulting or using criminal force against any woman with an intention to outrage her modesty.
Kidnapping from Lawful Guardianship: Under Section 361 of IPC kidnapping of minors is prohibited. The
object of this section is to protect children of tender age from being abducted or seduced for improper
purposes
Kidnapping to compel Marriage: If a woman is kidnapped or abducted to compel her to marry any person
against her will or seduced to have illicit intercourse, person committing such person is punished with a
maximum of ten years imprisonment and fine.
Importing Girls: Importing girls below the age of twenty-one years for illicit intercourse is also punishable
with imprisonment, which may extend to ten years.
Selling Minors for Prostitution: Selling and buying minor girls for the purpose of prostitution is punishable
with a maximum of ten years imprisonment under Section 372 & 373 of IPC.
Cohabitation by Deceit: Punishment of ten years imprisonment is prescribed for those who deceive women
to have sexual intercourse with them by acting as their husbands.

Enticing or taking a Married Woman: Under Section 498, a person taking or enticing a married woman for
illicit intercourse is punishable with imprisonment of two years.
Insulting the Modesty: Insulting the modesty of a woman by word, sound, gesture, exhibition of any object,
etc. is an offense punishable with one year’s imprisonment under Section 509 of IPC.

Criminal Procedure Code: There are various sections in the Cr. P.C. that provide special protection to women.
Under Section 51(2), when an accused is a woman, another woman should make search with strict regard to
decency. If the accused hides in the house of a female who according to the custom does not appear in the
public, the police cannot enter the house or break it open unless notice is given to such female to withdraw
and give her reasonable facility to withdraw herself. Section 160(2) protects women, saying that no woman
shall be required to attend any place other than the place in which she resides. Hence a police officer cannot
require attendance of a woman, but on the contrary he has to go to the place where she resides for making
the investigation. Under Section 53(2), when a person to be examined medically is female, then examination
shall be made only by or under the supervision of female registered medical practitioner. When a complaint
is made on oath that woman or female child under eighteen years has been abducted or unlawfully detained
for an unlawful purpose, a District Magistrate or Magistrate of First Class may make order for immediate
restoration of such woman to her liberty. Maintenance of up to five hundred rupees can be awarded under
Section 125 to the woman separated from her husband for his negligence or refusal to maintain her when
she is unable to maintain herself. Under Section 416, if a woman, sentenced to death is found to be pregnant,
the High Court shall order the execution to be postponed, and may, if it thinks fit, commute the sentence to
imprisonment for life.

All these provisions of criminal law are aimed at providing special protection to women keeping in view their
fragile nature and natural and biological conditions as also the social conditions.

RIGHTS UNDER OTHER LAWS :

The ideals of equality and dignity enshrined in the Constitution were sought to be realized by making series of
laws and bringing amendments to the existing ones. Introducing monogamy strengthens the institution of
marriage. But this has not been extended to the Muslims.
Daughter, widow and mother were given the right to inherit property along with son under Hindu
Succession Act. Under the Hindu Adoption and Maintenance Act, 1956, consent of wife for adoption of a child
by married man, right to adopt a child by woman and the right to claim maintenance after separation are
some of the additional measures taken to support the women.
A woman is entitled to appoint a guardian at will under the Hindu Minority and Guardianship Act, 1956.
Under the labour laws, women were giver various rights such as right to minimum wages under the Minimum
Wages Act, 1948; maternity leave and benefits under the Maternity Benefits Act, 1961; right not to be placed
on night work and the work not suited to their health under the Factories Act, 1948; right to get equal pay
under the Equal Remuneration Act, 1976. With the objective of protecting the women from sexual
exploitation, separate laws such as Immoral Traffic Prevention Act, 1986 and Indecent Representation of
Women Prevention Act, 1986 Dowry Prohibition Act, 1961 have been passed in addition to amending the
criminal law making the punishment for sexual offences more severe.

INTERNATIONAL ASPECTS:
Declaration on Elimination of Discrimination against Women, 1967: It consolidates fundamental principles
found in other basic documents, including the United Nations Charter, the Universal Declaration of Human
Rights, and the International Covenants on Human Rights. It reaffirms the need to advance the status of
women in family life, social, political, economic and cultural affairs at the national and international level. It
lays down the following principles:
1. That discrimination against women, denying or limiting as it does their equality of rights with men, is
fundamentally unjust and constitutes an offense against human dignity.
2. Women shall have the same rights as men as to nationality.
3. All provisions of Penal Codes, which constitute discrimination against women, shall be repealed.
4. All appropriate measures, including legislation shall be taken to combat all forms of traffic in women and
prostitution.
5. All states shall implement the principle of equality of rights between men and women in accordance with
the U. N. Charter and the Universal Declaration of Human Rights.

The Convention on the Elimination of all forms of Discrimination against Women (CEDAW): Its main object is
to bring equality between men and women by eliminating all forms of discrimination against women. The
rights recognized under this Convention are as follows:

1. Right to vote, elect, to be elected and hold offices at all levels of Government along with the right to
participate in formulation of Government policy.
2. The opportunity to represent their country at international level and to participate in international
organizations.
3. Equal right to acquire, change and retain nationality.
4. Equal access to educational opportunity and elimination of stereotyping in education and textbooks.
5. Equal right to employment, choice of profession, remuneration, and social security.
6. Guarantee of same legal capacity as men to contract, administer property, and appear in court or before
tribunals.
7. Freedom of movement and right to choose residence and domicile should be granted to women.
8. Contractual and other private restriction on legal capacity of women shall be declared null and void.
9. Equal rights and responsibilities with men in marriage and family relationship.
10. Equality during marriage and its dissolution.
11. Equal rights to choose to family name, profession or occupation.
12. Equal rights to guardianship

CONCLUSION:
Efforts are on across the globe to provide, protect and promote human rights for women. Several measures
have been taken in India in this regard including the rights granted under the Constitution, criminal law,
labour laws and other social welfare legislations. But the events like the Jammu & Kashmir Bill and the
Supreme Court verdict in Christian Community case as well as the defects in the Domestic Violence Bill reflect
the age-old male dominance.

The time to fight for their rights is not yet over for the women.
HUMAN RIGHTS OF CHILDREN:
Legal Definition of Child:
The term ‘Child’ is not de fined in the Indian Constitution. According to Article 1 of the United Nations Convention on
the Rights of the Child 1989, ‘a child means every human being below the age of eighteen years unless, under the law
applicable to the child, majority is attained earlier’.

United Nations Convention on the Rights of the Child (CRC)

The United Nations Convention on the Rights of the Child (UNCRC) is a comprehensive, internationally
binding agreement on the rights of children, adopted by the UN General Assembly in 1989. It incorporates
children's civil and political rights (like their treatment under the law), social, economic and cultural rights
(like an adequate standard of living) & protection rights (from abuse and exploitation). A child is defined in
the UNCRC as a person under the age of 18 years.
There are four main sections to the UNCRC:
the Preamble, which sets out the major unde rlying principles of the UNCRC and provides a context for it, the
substantive articles, which set out the rights of all children and the obligations of governments (Pa rt I,
Articles 1-41), the implementation provisions, which define how compliance with the UNCRC is to be
monitored and fostered (Part II, Articles 42-45) and the conditions under which the UNCRC comes into force
(Part III, Articles 46-54).
General Principles
Within the UNCRC, four articles are afforded special emphasis, as they are basic to the implementation of all
other rights. These four articles are often referred to as 'general principles'. These are: that all the rights
guaranteed by the UNCRC must be available to all children without discrimination of any kind (Article 2); that
the be st interests of the child must be a primary consideration in all actions concerning children (Article 3);
that every child has the right to life, survival and development (Article 6); and that the child’s view must be
considered and taken into account in all matters affecting him or her (Article 12).

Constitutional Provisions relating to Children

The framers of our Constitution were well kno wn of the fact the development of the nation can be achieved
by the development of the children of the nation & it is necessary to protect the children from exploitation as
well. The following are the provisions of the Indian Constitution relating to children:
· Article 14 provides that the State shall not deny to any person equality before the law or the equal
protection of the laws within the territory of India.
· Article 15(3) provides that Nothing in this article shall prevent the State from making any special provision
for women and children.
· Article 21 provides that no person shall be deprived of his life or personal liberty except according to
procedure established by law.
· Article 21A provides that the State shall provide free and compulsory education to all children of the age of
six to fourteen years in such manner as the State may, by law, determine.
· Article 23(1) provides that traffic in human beings and beggar and other similar forms of forced labour are
prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
· Article 24 provides that no child below the age of fourteen years shall be employed to work in any factory or
mine or engaged in any other hazardous employment.
· Article 29(2) provides that no citizen shall be denied admission into any educational institution maintained
by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of
them.
· Article 39(e) provides that the shall, in particular, direct its policy towards securing that the health and
strength of workers, men and women, and the tender age of children are not abused and that citizens are not
forced by economic necessity to enter avocations unsuited to their age or strength.
· Article 39(f) provides that the shall, in particular, direct its policy towards securing that children are given
opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against moral and material abandonment.
· Article 45 provides that the State shall endeavour to provide early childhood care and education for all
children until they complete the age of six years.
· Article 47 provides that the State shall regard the raising of the level of nutrition and the standard of living
of its people and the improvement of public health as among its primary duties.
· Article 51A(k) provides that it shall be the duty of every citizen of India who is a parent or guardian to
provide opportunities for education to his child or, as the case may be, ward between the age of six and
fourteen years.

Other Legislations:
Apart from the Constitution there are a number of legislations which deals with children. The following are
some of them:
The Guardian and Wards Act 1890
This Act deals with the qualifications, appointment & removal of guardians of children by the courts & is
applicable to all children irrespective of their religion.

The Child Marriage Restraint Act 1929

This Act as amended in 1979 restraints the solemnization of child marriages by laying down the minimum age
for both boys & girls. This law is applicable to all communities irrespective of their religion.

The Orphanages and Other Charitable Homes (Supervision And Control) Act 1960
This Act provides for the supervision and control of orphanages and homes for children.

The Child Labour (Prohibition And Regulation) Act 1986

This Act prohibits the engagement of children in certain employment & regulates the conditions of work of
children in certain other employment.

The Juvenile Justice (Care and Protection of Children) Act 2000

This Act deals with the law relating to juveniles in conflict with law & children in need of care & protection, by
providing for proper care, protection & treatment by catering to their development needs & by adopting a
child friendly approach in the adjudication & disposition of matters in the best interest of children & for their
ultimate rehabilitation through various institutions established under the Act.

Policies of the Government regarding Children

The Government of India has made a number of policies regarding the physical, mental & social development
of the children of the country. The Government has also made many policies on the health & education of the
children. The following are some of the important policies of the Government regarding children:
· National Policy for Children, 1974
· National Policy on Education, 1986
· National Policy on Child Labour, 1987
The National Policy on Child Labour is a landmark endeavour in the progressive elimination of child labour in
India.The policy encompasses actions in the field of education, health, nutrition, integrated child
development & employment.
· National Health Policy ,2002
The first policy on health, 1983 aimed at achieving ‘health for all by the year 2000 ’. The second policy on
health, 2002 envisages giving priority to school health problems which aimed at health education & regular
health checkups at schools. The principle feature of this policy was to prevent communicable diseases like
HIV/AIDS &to provide for universal immunization of children against all major preventable disease.

Judicial Decisions:
M.C. Mehta Vs. State of Tamil Nadu and Others AIR 1991 SC 417
In this case, Indian activist plaintiff M.C. Mehta sued the state of Tamil Nadu to improve the working
conditions for children and to provide children rescued from hazardous labor with an education. The Hon’ble
Supreme Court issued a landmark ruling that the Indian Constitution (Article 24) requires the state to
endeavor to provide a free, compulsory education for children. The Court found that children under the age
of 14 could not be engaged in hazardous employment, and ordered the government to establish and
maintain a child labor rehabilitation welfare fund. Employers that violated child labor laws would be required
to make a deposit into the fund; the government would also be required to offer the parent of each child
engaged in hazardous employment a job, or else make a deposit into the fund.

Bandhua Mukti Morcha Vs. Union of India and others AIR 1984 SC 802
In this case, the Supreme Court held "Therefore, whenever it is shown that the labourer is made to provide
forced labour, the Court would raise a presumption that he is required to do so in consideration of an
advance or other economic consideration received by him and he is, therefore, a bonded labour. This
presumption may be rebutted by the employer and also by the State Government if it so chooses but unless
and until satisfactory material is provided for rebutting this presumption, the Court must proceed on the
basis that the labourer is a bonded labourer entitled to the benefit of provisions of the Act. The State
Government cannot be permitted to repudiate its obligation to identify, release and rehabilitate the bonded
labourers on the plea that though the concerned labourers may be providing forced labour, the State
Government does not owe any obligation to them unless and until they show in an appropriate legal
proceeding conducted according to the rules of adversary system of justice, that they are bonded labourers."
J.P.Unnikrishnan & Others Vs. State of Andhra Pradesh & Others AIR 1993 SC 2178
In this case, the Supreme Court held that citizens of this country have the fundamental right to education and
the said right flows from Article 21 of the Constitution. This right is, however, not an absolute right. Every
child/citizen of this country has the right to free education until he completes the age of fourteen years.
Thereafter, his right to education is subject to limits of the economic capacity and development of the State.
 UNIT-IV

THE PROTECTION OF HUMAN RIGHTS ACT, 1993

PRELIMINARY
1. Short title, extent and commencement
(1) This Act may be called the Protection of Human Rights Act, 1993.*
(2) It extends to the whole of India.
Provided that it shall apply to the State of Jammu and Kashmir only in so far as it pertains to the matters
relatable to any of the entries enumerated in List I or List lll in the Seventh Schedule to the Constitution as
applicable to that State.
(3) It shall be deemed to have come into force on the 28th day of September, 1993.
2. Definitions
(1) In this Act, unless the context otherwise requires-
(a) “Armed forces” means the naval, military and air forces and includes any other armed forces of the Union;
(b) “Chairperson” means the Chairperson of the Commission or of the State Commission, as the case may be;
(c) “Commission” means the National Human Rights Commission under section 3;
(d) “human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed
by the Constitution or embodied in the International Covenants and enforceable by courts in India.
(e) “Human Rights Court” means the Human Rights Court specified under section 30;
(f) “International Covenants” means the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural rights adopted by the General Assembly of the
United Nations on the 16th Amended vide Protection of Human Rights (Amendment) Act, 2006 (No. 43 of
2006). December, 1966 [and such other Covenant or Convention adopted by the General Assembly of the
United Nations as the Central Government may, by notification, specify”] ;
(g) “Member” means a Member of the Commission or of the State Commission, as the case may be;
(h) “National Commission for Minorities” means the National Commission for Minorities constituted under
section 3 of the National Commission for
Minorities Act, 1992;
(i) “National Commission for the Scheduled Castes” means the National Commission for the Scheduled Castes
referred to in Article 338 of the Constitution1;
(ia) “National Commission for the Scheduled Tribes” means the National Commission for the Scheduled
Tribes referred to in Article 338A of the Constitution ;
(j) “National Commission for Women” means the National Commission for Women constituted under section
3 of the National Commission for Women
Act, 1990;
(k) “Notification” means a notification published in the official Gazette;
(l) “Prescribed” means prescribed by rules made under this Act;
(m) “Public servant” shall have the meaning assigned to it in section 21 of the Indian Penal Code;
(n) “State Commission” means a State Human Rights Commission constituted under section 21.

CHAPTER II
THE NATIONAL HUMAN RIGHTS COMMISSION
3. Constitution of a National Human Rights Commission
(1) The Central Government shall constitute a body to be known as the National Human Rights Commission to
exercise the powers conferred upon, and to perform the functions assigned to it, under this Act.
(2) The Commission shall consist of:
(a) a Chairperson who has been a Chief Justice of the Supreme Court;
(b) one Member who is or has been, a Judge of the Supreme Court;
(c) one Member who is, or has been, the Chief Justice of a High Court;
(d) two Members to be appointed from amongst persons having knowledge of, or practical experience in,
matters relating to human rights.
(3) The Chairperson of the National Commission for Minorities, [the National Commission for the Scheduled
Castes, the National Commission for the Scheduled Tribes] and the National Commission for Women shall be
deemed to be Members of the Commission for the discharge of functions specified in clauses (b) to (j) of
section 12.
(4) There shall be a Secretary-General who shall be the Chief Executive Officer of the Commission and shall
exercise such powers and discharge such functions of the Commission2 [except judicial functions and the
power to make regulations under section 40 B], as may be delegated to him by the Commission or the
Chairperson as the case may be.
(5) The headquarters of the Commission shall be at Delhi and the Commission may, with the previous
approval of the Central Government, establish offices at other places in India.
4. Appointment of Chairperson and other Members
(1) The Chairperson and [the Members]1 shall be appointed by the
President by warrant under his hand and seal;
Provided that every appointment under this sub-section shall be made after obtaining the recommendations
of a Committee consisting of–
(a) The Prime Minister — Chairperson
(b) Speaker of the House of the People — Member
(c) Minister in-charge of the Ministry of Home Affairs in the Government of India — Member
(d) Leader of the Opposition in the House of the People — Member
(e) Leader of the Opposition in the Council of States — Member
(f) Deputy Chairman of the Council of States — Member
Provided further that no sitting Judge of the Supreme Court or sitting Chief Justice of a High Court shall be
appointed except after consultation with the Chief Justice of India.
(2) No appointment of a Chairperson or a Member shall be invalid merely by reason of any [vacancy of any
member in the Committee referred to in the first proviso to sub-section (1)]

5. Resignation and removal of Chairperson and Members3

(1) The Chairperson or any Member may, by notice in writing under his hand addressed to the President of
India, resign his office.
(2) Subject to the provisions of sub-section (3), the Chairperson or any Member shall only be removed from
his office by order of the President of India on the ground of proved misbehaviour or incapacity after the
Supreme Court, on reference being made to it by the President, has, on inquiry held in accordance with the
procedure prescribed in that behalf by the Supreme Court, reported that the Chairperson or the Member, as
the case may be, ought on any such ground to be removed.
(3) Notwithstanding anything in sub-section (2), the President may, by order, remove from office the
Chairperson or any Member if the Chairperson or such Member, as the case may be–
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outsidethe duties of his office; or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves
moral turpitude.
6. Term of office of Chairperson and Members
(1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he
enters upon his office or until he attains the age of seventy years, whichever is earlier.
(2) A person appointed as a Member shall hold office for a term of five years from the date on which he
enters upon his office and shall be eligible for re-appointment for another term of five years.
Provided that no Member shall hold office after he has attained the age of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the
Government of India or under the Government of any State.
7. Member to act as Chairperson or to discharge his functions in certain circumstances
(1) In the event of the occurrence of any vacancy in the office of President may, by notification, authorise one
of the Members to act as the Chairperson until the appointment of a new Chairperson to fill such vacancy.
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such
one of the Members as the President may, by notification, authorise in this behalf, shall discharge the
functions of the Chairperson until the date on which the Chairperson resumes his duties.

8. Terms and conditions of service of Chairperson and Members

The salaries and allowances payable to, and other terms and conditions of service of, the [Chairperson and]
Members shall be such as may be prescribed.
Provided that neither the salary and allowances nor the other terms and conditions of service of [the
Chairperson or] a Member shall be varied to his disadvantage after his appointment.]
9. Vacancies, etc., not to invalidate the proceedings of the
Commission
No act or proceedings of the Commission shall be questioned or shall
be invalidated merely on the ground of existence of any vacancy or defect
in the constitution of the Commission.
10. Procedure to be regulated by the Commission
(1) The Commission shall meet at such time and place as the Chairperson may think fit.
(2) Subject to the provisions of this Act and the rules made thereunder, the Commission shall have the power
to lay down by regulations its own procedure.
(3) All orders and decisions of the Commission shall be authenticated by the Secretary-General or any other
officer of the Commission duly authorised by the Chairperson in this behalf.
11. Officers and other staff of the Commission
(1) The Central Government shall make available to the Commission:
(a) an officer of the rank of the Secretary to the Government of India who shall be the Secretary-General of
the Commission; and
(b) such police and investigative staff under an officer not below the rank of a Director General of Police and
such other officers and staff as may be necessary for the efficient performance of the functions of the
Commission.
(2) Subject to such rules as may be made by the Central Government in this behalf, the Commission may
appoint such other administrative, technical and scientific staff as it may consider necessary.
(3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-
section (2) shall be such as may be prescribed.
CHAPTER III
FUNCTIONS AND POWERS OF THE COMMISSION
12. Functions of the Commission
The Commission shall perform all or any of the following functions, namely:-
(a) inquire, suo motu or on a petition presented to it by a victim or any person on his behalf [or on a direction
or order of any court]1, into complaint of
(i) violation of human rights or abetment thereof; or
(ii) negligence in the prevention of such violation, by a public servant;
(b) intervene in any proceeding involving any allegation of violation of human rights pending before a court
with the approval of such court;
(c)2 visit, notwithstanding anything contained in any other law for the time being in force, any jail or other
institution under the control of the State Government, where persons are detained or lodged for purposes of
treatment, reformation or protection, for the study of the living conditions of the inmates thereof and make
recommendations thereon to the Government;
(d) review the safeguards provided by or under the Constitution or any law for the time being in force for the
protection of human rights and recommend measures for their effective implementation;
(e) review the factors, including acts of terrorism that inhibit the enjoyment of human rights and recommend
appropriate remedial measures;
(f) study treaties and other international instruments on human rights and make recommendations for their
effective implementation;
(g) undertake and promote research in the field of human rights;
(h) spread human rights literacy among various sections of society and promote awareness of the safeguards
available for the protection of these rights through publications, the media, seminars and other available
means;
(i) encourage the efforts of non-governmental organisations and institutions working in the field of human
rights;
(j) such other functions as it may consider necessary for the protection of human rights.
13. Powers relating to inquiries
(1) The Commission shall, while inquiring into complaints under this Act, have all the powers of a civil court
trying a suit under the Code of Civil Procedure, 1908, and in particular in respect of the following matters,
namely :
(a) summoning and enforcing the attendance of witnesses and examining them on oath;
(b) discovery and production of any document;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents;
(f) any other matter which may be prescribed.
(2) The Commission shall have power to require any person, subject to any privilege which may be claimed by
that person under any law for the time being in force, to furnish information on such points or matters as, in
the opinion of the Commission, may be useful for, or relevant to, the subject matter of the inquiry and any
person so required shall be deemed
to be legally bound to furnish such information within the meaning of section
176 and section 177 of the Indian Penal Code.
(3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially authorised in this
behalf by the Commission may enter any building or place where the Commission has reason to believe that
any document relating to the subject matter of the inquiry may be found, and may seize any such document
or take extracts or copies therefrom subject to the provisions of section 100 of the Code of Criminal
Procedure,
1973, in so far as it may be applicable.
(4) The Commission shall be deemed to be a civil court and when any offence as is described in section 175,
section 178, section 179, section 180 or section 228 of the Indian Penal Code is committed in the view or
presence of the Commission, the Commission may, after recording the facts constituting the offence and the
statement of the accused as provided for in the Code of Criminal Procedure, 1973, forward the case to a
Magistrate having jurisdiction to try the same and the Magistrate to whom any such case is forwarded shall
proceed to hear the complaint against the accused as if the case has been forwarded to him under section
346 of the Code of Criminal Procedure, 1973.
(5) Every proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning
of sections 193 and 228, and for the purposes of section 196, of the Indian Penal Code, and the Commission
shall be deemed to be a civil court for all the purposes of section 195 and
Chapter XXVI of the Code of Criminal Procedure, 1973.
(6) Where the Commission considers it necessary or expedient so to do, it may, by order, transfer any
complaint filed or pending before it to the State Commission of the State from which the complaint arises, for
disposal in accordance with the provisions of this Act;
Provided that no such complaint shall be transferred unless the same is one respecting which the State
Commission has jurisdiction to entertain the same.
(7) Every complaint transferred under sub-section(6) shall be dealt with and disposed of by the State
Commission as if it were a complaint initially filed before it.
14. Investigation
(1) The Commission may, for the purpose of conducting any investigation pertaining to the inquiry, utilise the
services of any officer or investigation agency of the Central Government or any State Government with the
concurrence of the Central Government or the State Government, as the case may be.
(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer or agency whose
services are utilised under subsection
(1) may, subject to the direction and control of the Commission:-
(a) summon and enforce the attendance of any person and examine him;
(b) require the discovery and production of any document; and
(c) requisition any public record or copy thereof from any office.
(3) The provisions of section 15 shall apply in relation to any statement made by a person before any officer
or agency whose services are utilised under sub-section (1) as they apply in relation to any statement made
by a person in the course of giving evidence before the Commission.
(4) The officer or agency whose services are utilised under subsection
(1) shall investigate into any matter pertaining to the inquiry and submit a report thereon to the Commission
within such period as may be specified by the Commission in this behalf.
(5) The Commission shall satisfy itself about the correctness of the facts stated and the conclusion, if any,
arrived at in the report submitted to it under sub-section (4) and for this purpose the Commission may make
such inquiry (including the examination of the person or persons who conducted or assisted in the
investigation) as it thinks fit.
15. Statement made by persons to the Commission
No statement made by a person in the course of giving evidence before the Commission shall subject him to,
or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by
such statement:
Provided that the statement:-
(a) is made in reply to the question which he is required by the Commission to answer; or
(b) is relevant to the subject matter of the inquiry.
16. Persons likely to be prejudicially affected to be heard
If, at any stage of the inquiry, the Commission:-
(a) considers it necessary to inquire into the conduct of any person; or
(b) is of the opinion that the reputation of any person is likely to be prejudicially affected by the inquiry; it
shall give to that person a reasonable opportunity of being heard in the inquiry and to produce evidence in
his defence:
Provided that nothing in this section shall apply where the credit of a witness is being impeached.

CHAPTER IV
PROCEDURE
17. Inquiry into complaints
The Commission while inquiring into the complaints of violations of human rights may–
(i) call for information or report from the Central Government or any State Government or any other
authority or organisation subordinate thereto within such time as may be specified by it:-
Provided that–
(a) if the information or report is not received within the time stipulated by the Commission, it may proceed
to inquire into the complaint on its own;
(b) if, on receipt of information or report, the Commission is satisfied either that no further inquiry is required
or that the required action has been initiated or taken by the concerned
Government or authority, it may not proceed with the complaint and inform the complainant accordingly;
(ii) without prejudice to anything contained in clause (i), if it considers necessary, having regard to the nature
of the complaint, initiate an inquiry.
18. Steps during and after inquiry
[The Commission may take any of the following steps during or upon the completion of an inquiry held under
this Act, namely:-
(a) where the inquiry discloses the commission of violation of human rights or negligence in the prevention of
violation of human rights or abetment thereof by a public servant, it may recommend to the concerned
Government or authority –
(i) to make payment of compensation or damages to the complainant or to the victim or the members of his
family as the Commission may consider necessary;
(ii) to initiate proceedings for prosecution or such other suitable action as the Commission may deem fit
against the concerned person or persons;
(iii) to take such further action as it may think fit;
(b) approach the Supreme Court or the High Court concerned for such directions, orders or writs as that
Court may deem necessary;
(c) recommend to the concerned Government or authority at any stage of the inquiry for the grant of such
immediate interim relief to the victim or the members of his family as the Commission may consider
necessary;
(d) subject to the provisions of clause (e), provide a copy of the inquiry report to the petitioner or his
representative;
(e) the Commission shall send a copy of its inquiry report together with its recommendations to the
concerned Government or authority and the concerned Government or authority shall, within a period of one
month, or such further time as the Commission may allow, forward its comments on the report, including the
action taken or proposed to be taken thereon,
to the Commission;
(f) the Commission shall publish its inquiry report together with the comments of the concerned Government
or authority, if any, and the action taken or proposed to be taken by the concerned Government or authority
on the recommendations of the Commission.

19. Procedure with respect to armed forces

(1) Notwithstanding anything contained in this Act, while dealing with complaints of violation of human rights
by members of the armed forces, the Commission shall adopt the following procedure, namely :-
(a) it may, either on its own motion or on receipt of a petition, seek a report from the Central Government;
(b) after the receipt of the report, it may, either not proceed with the complaint or, as the case may be, make
its recommendations to that Government.
(2) The Central Government shall inform the Commission of the action taken on the recommendations within
three months or such further time as the Commission may allow.
(3) The Commission shall publish its report together with its recommendations made to the Central
Government and the action taken by that Government on such recommendations.
(4) The Commission shall provide a copy of the report published under sub-section (3) to the petitioner or his
representative.
20. Annual and special reports of the Commission
(1) The Commission shall submit an annual report to the Central
Government and to the State Government concerned and may at any time submit special reports on any
matter which, in its opinion, is of such urgency or importance that it should not be deferred till submission of
the annual report.
(2) The Central Government and the State Government, as the case may be, shall cause the annual and
special reports of the Commission to be laid before each House of Parliament or the State Legislature
respectively, as the case may be, along with a memorandum of action taken or proposed to be taken on the
recommendations of the Commission and the reasons for non-acceptance of the recommendations, if any.
CHAPTER V
STATE HUMAN RIGHTS
COMMISSIONS
21. Constitution of State Human Rights Commissions
(1) A State Government may constitute a body to be known as the ....................... (name of the State) Human
Rights Commission to exercise the powers conferred upon, and to perform the functions assigned to, a State
Commission under this chapter.
(2)1 [The State Commission shall, with effect from such date as the State Government may by notification
specify, consist of—
(a) a Chairperson who has been a Chief Justice of a High Court;
(b) one Member who is, or has been, a Judge of a High Court or District Judge in the State with a minimum of
seven years’ experience as District Judge;
(c) one Member to be appointed from amongst persons having knowledge of, or practical experience in,
matters relating to human rights.]1
(3) There shall be a Secretary who shall be the Chief Executive Officer of the State Commission and shall
exercise such powers and discharge such functions of the State Commission as it may delegate to him.
(4) The headquarters of the State Commission shall be at such place as the State Government may, by
notification, specify.
(5) A State Commission may inquire into violation of human rights only in respect of matters relatable to any
of the entries enumerated in List II and List lll in the Seventh Schedule to the Constitution:
Provided that if any such matter is already being inquired into by the Commission or any other Commission
duly constituted under any law for the time being in force, the State Commission shall not inquire into the
said matter:
Provided further that in relation to the Jammu and Kashmir Human Rights Commission, this sub-section shall
have effect as if for the words and figures “List ll and List lll in the Seventh Schedule to the Constitution”, the
words and figures “List lll in the Seventh Schedule to the Constitution as applicable to the State of Jammu and
Kashmir and in respect of matters in relation to which the Legislature of that State has power to make laws”
had been substituted.
(6) [Two or more State Governments may, with the consent of a Chairperson or Member of a State
Commission, appoint such Chairperson or, as the case may be, such Member of another State Commission
simultaneously if such Chairperson or Member consents to such appointment:
Provided that every appointment made under this sub-section shall be made after obtaining the
recommendations of the Committee referred to in sub-section(1) of section 22 in respect of the State for
which a common Chairperson or Member, or both, as the case may be, is to be
appointed.]
22. Appointment of Chairperson and Members of State Commission
(1) The Chairperson and [Members]2 shall be appointed by the Governor by warrant under his hand and seal:
Provided that every appointment under this sub-section shall be made after obtaining the recommendation
of a Committee consisting of
(a) the Chief Minister — Chairperson
(b) Speaker of the Legislative Assembly — Member
(c) Minister in-charge of the Department of Home, in that State — Member
(d) Leader of the Opposition in the Legislative Assembly — Member
Provided further that where there is a Legislative Council in a State, the Chairman of that Council and the
Leader of the Opposition in that Council shall also be members of the Committee.
Provided also that no sitting Judge of a High Court or a sitting District Judge shall be appointed except after
consultation with the Chief Justice of the High Court of the concerned State.
(2) No appointment of a Chairperson or a Member of the State Commission shall be invalid merely by reason
of [any vacancy of any Member in the Committee referred to in sub-section(1)
23. [Resignation and Removal of Chairperson or a Member of the State Commission]2
(1) The Chairperson or a Member of a State Commission may, by notice in writing under his hand addressed
to the Governor, resign his office
(1A) Subject to the provisions of sub-section (2), the Chairperson or any Member of the State Commission
shall only be removed from his office by order of the President on the ground of proved misbehaviour or
incapacity after the Supreme Court, on a reference being made to it by the President, has, on inquiry held in
accordance with the procedure prescribed in that behalf by the Supreme Court, reported that the
Chairperson or such Member, as the case may be, ought on any such ground to be removed.]
(2) Notwithstanding anything in sub-section (1A), the President may by order remove from office the
Chairperson or any [Member]4 if the Chairperson or such [Member]5, as the case may be –
(a) is adjudged an insolvent; or
(b) engages during his term of office in any paid employment outside the duties of his office; or
(c) is unfit to continue in office by reason of infirmity of mind or body; or
(d) is of unsound mind and stands so declared by a competent court; or
(e) is convicted and sentenced to imprisonment for an offence which in the opinion of the President involves
moral turpitude.
24. Term of office of [Chairperson and]1 Members of the State Commission
(1) A person appointed as Chairperson shall hold office for a term of five years from the date on which he
enters upon his office or until he attains the age of seventy years, whichever is earlier;
(2) A person appointed as a Member shall hold office for a term of five years from the date on which he
enters upon his office and shall be eligible for re-appointment for another term of five years;
Provided that no Member shall hold office after he has attained the age of seventy years.
(3) On ceasing to hold office, a Chairperson or a Member shall be ineligible for further employment under the
Government of a State or under the Government of India.
25. Member to act as Chairperson or to discharge his functions in certain circumstances
(1) In the event of the occurrence of any vacancy in the office of the Chairperson by reason of his death,
resignation or otherwise, the Governor may, by notification, authorise one of the Members to act as the
Chairperson until the appointment of a new Chairperson to fill such
(2) When the Chairperson is unable to discharge his functions owing to absence on leave or otherwise, such
one of the Members as the Governor may, by notification, authorise in this behalf, shall discharge the
functions of the Chairperson until the date on which the Chairperson resumes his duties.
26. [Terms and conditions of service of Chairperson and Members of the State Commissions
The salaries and allowances payable to, and other terms and conditions of service of, the Chairperson and
Members shall be such as may be prescribed by the State Government;
Provided that neither the salary and allowances nor the other terms and conditions of service of the
Chairperson or a Member shall be varied to his disadvantage after his appointment.]1
27. Officers and other staff of the State Commission
(1) The State Government shall make available to the Commission
(a) an officer not below the rank of a Secretary to the State Government who shall be the Secretary of the
State Commission; and
(b) such police and investigative staff under an officer not below the rank of an Inspector General of Police
and such other officers and staff as may be necessary for the efficient performance of the functions of the
State Commission.
(2) subject to such rules as may be made by the State Government in this behalf, the State Commission may
appoint such other addministrative, technical and scientific staff as it may consider necessary.
(3) The salaries, allowances and conditions of service of the officers and other staff appointed under sub-
section (2) shall be such as may be prescribed by the State Government.
28. Annual and special reports of State Commission
(1) The State Commission shall submit an annual report to the State Government and may at any time submit
special reports on any matter which, in its opinion, is of such urgency or importance that it should not be
deferred till submission of the annual report.
(2) The State Government shall cause the annual and special reports of the State Commission to be laid
before each House of State Legislature where it consists of two Houses, or where such Legislature consists of
one House, before that House along with a memorandum of action taken or proposed to be taken on the
recommendations of the State Commission and the reasons for non-acceptance of the recommendations, if
any.
CHAPTER VI
HUMAN RIGHTS COURTS
30. For the purpose of providing speedy trial of offences arising out of violation of human rights, the State
Government may, with the concurrence of the Chief Justice of the High Court, by notification, specify for each
district a Court of Session to be a Human Rights Court to try the said offences.
Provided that nothing in this section shall apply if
(a) a Court of Session is already specified as a special court; or
(b) a special court is already constituted, for such offences under any other law for the time being in force.
31. Special Public Prosecutor
For every Human Rights Court, the State Government shall, by notification, specify a Public Prosecutor or
appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public
Prosecutor for the purpose of conducting cases in that Court.