EVOLUTION OF HUMAN RIGHTS

“Human rights” are rights inherent to all human beings, regardless of our nationality,
residence, sex, sexual orientation and gender identity, national or ethnic origin, color,
religion, language or any other status. We are all equally entitled to our human rights without
discrimination.
This is the modern concept of our fundamental rights but it was not always this way. The
belief that everyone, by virtue of her or his humanity, is entitled to certain human rights
is fairly new and is something stemming from an evolution of the consideration of
human dignity over the last centuries. Its roots lie in earlier tradition and documents of
many cultures.
The Cyrus Cylinder (539 B.C.)
The decrees Cyrus made on human rights were inscribed in the Akkadian language on a
baked-clay cylinder.
In 539 B.C., the armies of Cyrus the Great, the first king of ancient Persia, conquered the city
of Babylon. But it was his next actions that marked a major advance for Man. He freed the
slaves, declared that all people had the right to choose their own religion, and established
racial equality. These and other decrees were recorded on a baked-clay cylinder in the
Akkadian language with cuneiform script.
Known today as the Cyrus Cylinder, this ancient record has now been recognized as the
world’s first charter of human rights. It is translated into all six official languages of the
United Nations and its provisions parallel the first four Articles of the Universal Declaration
of Human Rights.
Cyrus the Great, the first king of Persia, freed the slaves of Babylon, 539 B.C.
The Spread of Human Rights
From Babylon, the idea of human rights spread quickly to India, Greece and eventually
Rome. There the concept of “natural law” arose, in observation of the fact that people tended
to follow certain unwritten laws in the course of life, and Roman law was based on rational
ideas derived from the nature of things.
Documents asserting individual rights, such as the Magna Carta (1215), the Petition of Right
(1628), the US Constitution (1787), the French Declaration of the Rights of Man and of the
Citizen (1789), and the US Bill of Rights (1791) are the written precursors to many of today’s
human rights documents.
The Magna Carta (1215)
Magna Carta, or “Great Charter,” signed by the King of England in 1215, was a turning point
in human rights.
The Magna Carta, or “Great Charter,” was arguably the most significant early influence on
the extensive historical process that led to the rule of constitutional law today in the English-
speaking world.
In 1215, after King John of England violated a number of ancient laws and customs by which
England had been governed, his subjects forced him to sign the Magna Carta, which
enumerates what later came to be thought of as human rights. Among them was the right of
the church to be free from governmental interference, the rights of all free citizens to own and
inherit property and to be protected from excessive taxes. It established the right of widows
who owned property to choose not to remarry, and established principles of due process and
equality before the law. It also contained provisions forbidding bribery and official
misconduct.
Widely viewed as one of the most important legal documents in the development of modern
democracy, the Magna Carta was a crucial turning point in the struggle to establish freedom.
The origins of Human Rights are ideally pinpointed to the year 539 BC. When the troops of
Cyrus the Great conquered Babylon. Cyrus freed the slaves, declared that all people had the
right to choose their own religion, and established racial equality. These and other principles
were recorded on a baked-clay cylinder known as the Cyrus Cylinder, whose provisions
served as inspiration for the first four Articles of the Universal Declaration of Human Rights.
Another cornerstone in Human Rights History is represented by the promulgation of the
Magna Charta in 1215 which introduced a raw concept of “Rule of Law” and the basic idea
of defined rights and liberties to all persons, which offers protection from arbitrary
prosecution and incarceration. Before the Magna Charta, the rule of law, now considered as a
key principle for good governance in any modern democratic society, was perceived as a
divine justice, solely distributed by the monarch or the king or, in this case, King John of
England.
An evolution of the concepts expressed by the Magna Carta is represented by the English
Bill of Rights. It was an act signed into law in 1689 by William III and Mary II, who became
co-rulers in England after the overthrow of King James II. The bill outlined specific
constitutional and civil rights and ultimately gave Parliament power over the monarchy.
Many experts regard the English Bill of Rights as the primary law that set the stage for a
constitutional monarchy in England. It’s also credited as being an inspiration for the U.S. Bill
of Rights (1791).
The Declaration of the Rights of Man and of the Citizen, adopted in 1789,
by France’s National Assembly , represents one of the basic charters of human liberties,
containing the principles that inspired the French Revolution.
The basic value introduced by the Declaration was that all “men are born and remain free and
equal in rights”, which were specified as the rights of liberty, private property, the
inviolability of the person, and resistance to oppression. All citizens were equal before the
law and were to have the right to participate in legislation directly or indirectly; no one was to
be arrested without a judicial order. Freedom of religion and freedom of speech were
safeguarded within the bounds of public “order” and “law”. Private property was given
the status of an inviolable right, which could be taken by the state only if an indemnity were
given and offices and positions were opened to all citizens.
It is in this historical period that the concept, mostly based on political concerns, of Civil and
Political Rights was defined. These rights, also known as first generation rights, recognise the
existence of certain things that the all-powerful rulers should not be able to do and that people
should have some influence over the policies affecting them. The two central ideas were
those of personal liberty, and of protecting the individuals against violations by the
State. They serve negatively to protect the individual from excesses of the State.
The steps forward made since the time of Cyrus were impressive, yet still many of these
concepts, when originally translated into policies, excluded women, people of color, and
members of certain social, religious, economic, and political groups.
Prime examples to overcome this situation are represented by the efforts in the 19th and early
20th centuries to prohibit the slave trade and to limit the horrors of war.
Significant is the adoption of the first three Geneva Conventions and the Hague
Conventions expressing the deep concern of the public opinion to promote a respect of a
basic level of Human dignity of individuals even in wartime and posing the foundations
of modern International Humanitarian Law. The concerns over the protection of certain
minority groups, which were raised by the League of Nations at the end of the First World
War, and the establishment of the International Labor Organization (ILO) to oversee treaties
protecting workers with respect to their rights, including their health and safety, manifest the
increased positive attitude toward the recognition of the importance of Human Rights as we
know them today.
The time for a revolution and a deep progress in the protection and promotion of human
dignity was ripe. Eventually, it took the catalyst of World War II to propel human rights onto
the global stage and into the global conscience. The unprecedented cruelties perpetrated
during the conflict and outside it such as the extermination by Nazi Germany of over six
million Jews, Sinti and Romani (gypsies), homosexuals, and persons with disabilities
horrified the world. The idea of human rights thus emerged even stronger than ever after
World War II. The Trials held in Nuremberg and Tokyo after World War II, introduced the
rather new concepts of "crimes against peace," and "crimes against humanity."
Governments then committed themselves to establishing the United Nations, with the primary
goal of bolstering international peace and preventing conflict. People wanted to ensure that
never again would anyone be unjustly denied life, freedom, food, shelter, and nationality.
It was the 1945 and the fifty founding members of the United Nations stated, in the preamble
of the UN Charter, that they were determined to save succeeding generations from the
scourge of war, which twice in our lifetime has brought untold sorrow to mankind, to reaffirm
faith in fundamental human rights, in the dignity and worth of the human person, in the equal
rights of men and women and of nations large and small, and to establish conditions under
which justice and respect for the obligations arising from treaties and other sources of
international law can be maintained in order to promote social progress and better standards
of life in larger freedom.
In the first article of the same Charter, Member states pledged “to achieve international co-
operation in solving international problems of an economic, social, cultural, or humanitarian
character, and in promoting and encouraging respect for human rights and for fundamental
freedoms for all without distinction as to race, sex, language, or religion.”
A strong political commitment was set and to advance on these goals, a Commission on
Human Rights was immediately established and charged with the task of drafting a document
spelling out the meaning of the fundamental rights and freedoms proclaimed in the Charter.
Three years later, The Commission, guided by Eleanor Roosevelt’s forceful leadership,
captured the world’s attention, drafting the 30 articles that now make up the Universal
Declaration of Human Rights.
The Declaration was presented to the world, acting for the first time as a recognized and
internationally accepted charter, whose first article states that “All human beings are
born free and equal in dignity and rights. They are endowed with reason and conscience
and should act towards one another in a spirit of brotherhood."
The UDHR, although not legally binding, introduces the concept that how a government
treats its own citizens is now a matter of legitimate international concern, and not simply a
domestic issue, and that the exercise of a person's rights and freedoms may be subject to
certain limitations, which must be determined by law, solely for the purpose of securing due
recognition of the rights and freedoms of others and of meeting the just requirements of
morality, public order and the general welfare in a democratic society.
Its Preamble eloquently asserts that: recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the foundation of freedom, justice,
and peace in the world. It restates the already identified civil and political rights and
introduces the so-called second generation rights, fundamentally economic, social, and
cultural in nature, furthermore claiming that all rights are interdependent and indivisible.
The message was clear and powerful, the realization of one Right is linked to the realization
of the others. All human rights are indivisible, whether they are civil and political rights, such
as the right to life, equality before the law and freedom of expression; economic, social and
cultural rights, such as the rights to work, social security and education, or collective rights,
such as the rights to development and self-determination, are indivisible, interrelated and
interdependent. The improvement of one right facilitates advancement of the others.
Similarly, the deprivation of one right hampers the improvement and enjoyment of the others.
The influence of the UDHR has been substantial and together with the International
Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights it
constitutes the so defined “International Bill of Rights” that lays down the obligations of
Governments to act in certain ways or to refrain from specific acts, in order to promote and
protect human rights and fundamental freedoms of individuals or groups.
Its principles, by now, have been incorporated into the Constitutions of almost all the UN
members and has achieved the status of customary international law regarded as a common
standard of achievement for all people and all nations.
Human Rights have continued to evolve and, since its foundation, the United Nations has
adopted more than 20 principal treaties including conventions to prevent and prohibit specific
abuses like torture and genocide and to protect particularly vulnerable populations, such as
refugees (Convention Relating to the Status of Refugees, 1951), women (Convention on the
Elimination of All Forms of Discrimination against Women, 1979), and children (Convention
on the Rights of the Child, 1989).
A multitude of other treaties and documents have clarified and further developed some of the
basic concepts that were laid down in the original UDHR, thus envisaging new generations of
rights. These additions have been a result of a number of factors, partly as a response to
progressively modified ideas about human dignity, and partly as a result of new emerging
threats and opportunities. As far as for the specific new category of rights, that have been
proposed as third generation rights, these have been the consequence of a deeper
understanding of the different types of obstacles that may stand in the way of realizing the
first and second-generation rights. The idea at the base of the third generation of rights is that
of solidarity and collective rights of society or peoples, such as the right to sustainable
development, to peace or to a healthy environment.
In much of the world, conditions such as extreme poverty, war, ecological and natural
disasters have meant that there has been only very limited progress in respect of human
rights. For that reason, people have felt necessary the recognition of a new category of human
rights.
Following emerging threats and opportunities, the so-called 4th generation rights, linked to
the recent fast technology development, represent the last discussed frontier of Human
Rights. A fusion of material, biological and digital technologies raises existential questions
about what it means to be human and how to protect human dignity. Digitalization and
“datification” of almost all human activities create new opportunities of development but also
new possibilities for human rights violations.
Fortunately, it is nowadays clear that what human dignity means, how to protect and promote
it, is a concept that, albeit rooted within the principles of the UDHR, is in constant evolution
in accordance with the new necessities. There is a need for a comprehensive response and
whilst the international community is still discussing about 4th generation rights it is my
belief that there will be room, in the future, for the fifth and, hopefully, for further generations
of Human Rights.

UN CONVENTION ON REFUGEES
The UN Convention on Refugees is an international convention that pertains to refugee
protection worldwide. It was adopted in 1951 and entered into force in 1954. There has been
one amendment to the convention in the form of the 1967 Protocol.
Background
 The process of assembling guidelines and laws pertaining to the protection of people
who had been displaced from their homes and become refugees began largely with the
League of Nations in the aftermath of the First World War.
 The problem of displaced persons and refugees amplified after the Second World War
and in 1951, a diplomatic conference in Geneva adopted the Convention relating to
the Status of Refugees.
 The 1951 Convention was originally limited in scope to persons fleeing events
occurring before 1 January 1951 and within Europe.
 The 1967 Protocol removed the geographical and temporal boundaries of the
convention and made it universally applicable.
 The Convention is also known as the Geneva Convention of 1951. It is a legally
binding document.
UN Refugee Convention
The Convention spells out clearly who a refugee is and what kind of assistance, rights and
legal protection a refugee is entitled to receive. It also lays down the obligations of refugees
towards the host countries. The Convention also specifies certain categories of people, such
as war criminals, who do not qualify for refugee status.
Who is a refugee according to the convention?
The 1951 convention defines a refugee as a a“person who is outside his or her country of
nationality or habitual residence; has a well-founded fear of being persecuted because of his
or her race, religion, nationality, membership of a particular social group or political
opinion; and is unable or unwilling to avail him— or herself of the protection of that country,
or to return there, for fear of persecution.”
 People who satisfy the above criteria are eligible to receive the rights and protection
accorded under the convention.
 The refugee status is not permanent and ceases to exist if the person repatriates to
his/her own home country because of a betterment in the situation there, or when
he/she takes up citizenship or permanent residence in the host country.
 Refugee status is also not given to people who are guilty of war crimes, crimes against
humanity, or a serious non-political crime outside their country of refuge. People
guilty of acts contrary to the purposes and principles of the United Nations are also
not accorded refugee status.
 Under the Convention, all contracting States should appoint a central authority to
assess applications for refugee status, and ensure procedural safeguards are in place
for the same. The United Nations High Commissioner for Refugees (UNHCR) helps
 countries to establish these procedures. The UNHCR serves as the ‘guardian’ of the
1951 Convention and its 1967 Protocol.
What is the difference between a refugee and a migrant?
Refugees are people who are forced to leave or flee their own countries because of a threat of
persecution or threat to life or freedom. Migrants are however those individuals who leave
their countries voluntarily for the purpose of education, employment, etc. and not because of
persecution.
A migrant continues to enjoy the protection of his or her own government, even when abroad.

Rights of Refugees under the 1951 Refugee Convention

The foundation of the 1951 Convention is the principle of non-refoulement. As per this
principle, a refugee should not be returned to a country where they face serious threats to life
or freedom. Refugees also are guaranteed other rights under the Convention such as:
 The right not to be expelled, except under certain, strictly defined conditions.
 The right not to be punished for illegal entry into the territory of a contracting State.
 The rights to work, housing, education, public relief and assistance, freedom of
religion, access courts, and freedom of movement within the territory.
 The right to be issued identity and travel documents.
 The right to be protected from refoulement apply to all refugees.
Refugees also have an obligation towards the country that provides them with asylum which
is respecting measures taken for maintaining public order. Under the convention, contracting
States cannot discriminate between refugees. 149 countries are parties to either or both the
1951 Convention and the 1967 Protocol.
Has India signed the UN Refugee Convention?
No, India has not signed the 1951 Refugee Convention or its 1967 Protocol. India remains
one of the few liberal democracies not to have signed, supported or ratified the international
convention. India does, however, host a large number of refugees in its territory. In fact, it
houses the largest refugee population in South Asia. Refugees in India are chiefly Tibetans,
Sri Lankan Tamils, Buddhist Chakmas from the Chittagong Hill Tracts of Bangladesh,
Muslim Rohinygas from Myanmar, Bhutanese from Nepal, and small populations from
Somalia, Sudan and other sub Saharan African countries.
Why won’t India sign the Convention or the Protocol?
 Although there is no official explanation for India not signing the convention, it is
believed that the chief reason is related to security issues. South Asian borders are
 porous and any conflict can cause a huge displacement of people. An influx of people
during such times can put a lot of strain on the resources of the local economy and
also, it can cause an imbalance in the delicate demography of the region.
 Another line of argument is that India already houses many refugees and in many
cases, without the support of the UN, so what is the need to sign this anyway?
 Signing the convention would have meant allowing international scrutiny of ‘India’s
internal security, political stability and international relations’.
 Also, during the Bangladeshi Liberation War in 1971, when millions of refugees came
into India, the government had to support a sick refugee population at a time when
India’s own economy was not in great shape. Calls for international support and
financial aid were met with measly dole outs. Even the UN was not helpful enough
which made India sceptical about the impartiality of the UN. The 1971 war had made
India distrustful towards the UNHCR.
 Another reason why India has not signed the Convention is the narrow definition of
refugee under it. For instance, it does not include deprivation of economic rights as an
eligibility criterion.
RIGHTS OF SENIOR CITIZENS
Aging is a natural process, which leads to weakening of the body and the mind. The
productivity and the working ability also decreases of a person. It is the duty of the state as
well as the family of a person to take care of him in his old age. However, due to rampant
illiteracy and lack of awareness, many senior citizens are not aware of their rights. This
article seeks to discuss the rights and facilities available to the elderly. It also discusses the
policies and initiatives taken by various ministries.
Provisions in the Constitution
Constitution of India envisages protecting the rights of the citizens of India, which include
senior citizens as well. Under Part IV (Directive Principles of State Policy), provisions are
Article 41 which directs the state to make effective provisions for securing Right to work and
public assistance in certain cases which includes old age and Article 46 which directs the
state to protect the economic interests of the weaker sections. The DPSP are fundamental in
the governance of the country, but they are not enforceable in the Court of Law.
Legislations
The legal right to claim maintenance is given under personal laws, Code of Criminal
Procedure and Maintenance and Welfare of Parents and Senior Citizens Act, 2007. There are
certain provisions relating to concessions under Income Tax Act from which senior citizens
are benefitted.
Personal Laws
Hindu Adoption and Maintenance Act, 1956
Under Section 20 of Hindu Adoption and Maintenance Act, 1956 parents are entitled to claim
maintenance from their son as well as their daughter if they are unable to maintain
themselves. This right extends to both natural and adoptive parents. However step parents
having their own children cannot claim maintenance from their step-children.
Muslim Personal Law
Under the Muslim personal law, both son and daughter are bound to maintain their parents
who are poor if they have means to do so. Since the concept of adoption does not exist in the
muslim community, the personal law is silent on the right to maintenance of adoptive parents.

Christian and Parsi Law

No provisions for maintenance are mentioned under Christian and Parsi personal laws
regarding parents. The Christian and Parsi parents who wish to seek maintenance from their
children need to claim it under Code of Criminal Procedure.

Code of Criminal Procedure

Parents irrespective of the community they belong to can claim maintenance from their
children (son and daughter including married daughter) under section 125 of CrPC. The
children must have sufficient means to maintain their parents and the parents must lack
means to maintain themselves.
Maintenance and Welfare of Parents and Senior Citizens Act, 2007
The Act aims at providing maintenance to senior citizens in order to prevent their destitution.
It also seeks to protect the life and property of the senior citizens. It envisages setting up Old
Age Homes in every district. The definition of maintenance covers basic necessities of life.
This Act applies to all the citizens of India, who have crossed the age of 60 years. Some of
the important provisions of the Act are discussed herein.
 A childless senior citizen can claim maintenance from any relative who possess his
property or who would inherit it.
 The state government is directed to constitute a tribunal which would hear the cases
regarding maintenance.
 The maximum maintenance allowance is to be specified by the state government
which should not exceed 10,000 per month.
 There is the provision of imprisonment if a person defaults in the payment of
maintenance as per the order of the tribunal.
 The appeal against the order of the tribunal can be made to the appellate tribunal
within a period of 60 days.
  The tribunal may conduct a summary
 The parties cannot engage a legal practitioner for the proceedings to cut the cost of the
proceedings.
 The Act provides for establishment of at least one old-age home in each district with a
capacity to shelter 150 senior citizens.
 A senior citizen can also cancel the transfer of his property by will or gift by applying
to the tribunal.
 The Act prescribes punishment for the abandonment of parents or senior citizens by a
person who is liable to take care of them.

Benefits under Tax Laws

Senior citizens are entitled to certain tax benefits also. Some of the beneficial provisions of
discussed herein.
 The income tax slabs are different for senior citizens and super senior citizens.
Income up to 3 lakhs for senior citizens and 5 lakhs for super-senior citizens is tax-
free while 10% of income tax is levied on the income of 3-5 lakhs in case of senior
citizens. (senior citizens: above 60 years of age, super seniors citizens: above 80 years
of age)
 The deduction allowed for payment of medical insurance premium is 20,000 for
senior citizens under Section 80D of Income Tax Act, 1961.
 In case the senior citizen does not have business income, they are exempted from
paying Advance tax. They are only required to pay self-assessment tax.
 Deduction under section 80D as to deduction for the treatment of specified ailment is
60,000 for senior citizens.
 The amount received by a senior citizen under reserve mortgage scheme is exempted
from income tax.

Other Schemes for senior citizens

 Under the National Old-age Pension Scheme Central Government is to pay a pension
of INR 200 to senior citizens belonging to the BPL household. Another INR 200 is
provided by the State Government.
 The railway ministry provides a concession of 30% and 50% in railway fare to male
and female senior citizen respectively above the age of 60 years.
 The Civil Aviation Ministry provides a concession up to 50% for male senior citizen
above 65 years of age and female senior citizen above 63 years of age through the
National Carrier and Air India.
  A public portal has been set up by the department of pensions and pensioner
grievances which aims at providing all the information regarding the status,
procedure, documents required, as to the application for pension. Complaints can also
be lodged through the portal.
Apart from all these schemes and facilities, there are certain measures taken by the
government under National Policy on Older Persons, 1999 whereby a separate bureau in the
ministry of Social Justice & Empowerment for the senior citizens was set up. It also aimed at
setting up of councils of older persons in the states, National Council for older persons and an
autonomous National Association of Older Persons. These bodies are established to look into
the problems of the elderly and work towards their solution.

RIGHTS OF MINORITIES
Minority refers to a distinct group in terms of racial, cultural, or ethical characteristics that
exist collectively. However, such a group is presumed to be subordinate to the majority
community. Subordinacy is the key trait of a minority group. It is assumed that minority
status in a certain community is correlated with the population. This is not true. A group may
be called a minority group even if it has more population than the dominating population. For
instance, in South Africa during the period of apartheid, the population of the dominating
group was lesser than the dominated group.
These are certain groups that are kept away from being classified as a minority group due to a
lack of prominent characteristics. For instance, a group is formed for specific reasons, say,
economic reasons, like a trade union. Such groups are seldom given the status of minority.
However, these groups, although not given the status of a minority, have considerably
occupied the significant economic and social advantages in the social system. Hence, the
status and position of minority groups distinguish from one society to another depending on
the social structure and power of the relative group.
A closed or open society plays a prominent role in the social mobility and status of
minorities. A closed society refers to a society wherein the function and status of an
individual cannot be changed. One of the best examples of a closed society is the traditional
caste system in India. On the other hand, there is an open society that allows people to change
their respective roles and status concerning the corresponding group. In a closed group
following a hierarchical position, it is essential to maintain law and order in society.
However, in an open group, the relations between the group members are quite competitive.
Rank is provided to an individual not according to the social status of the whole group but as
an individual member.
In the United States of America, black people are considered a minority group. Likewise in
India, the Dalits, Muslims, and Sikh communities are considered to be minority groups.
People from LGBTQIA+ communities, people with disabilities, and people being associated
with certain political parties or groups may also be included under the category of minority
groups. Similarly, on an international level, a minority group is categorized based on the
economic ability of an individual or based on certain distinguished diseases like HIV or
AIDS.
Article 27 under ICCPR
‘In those states in which ethnic, religious or linguistic minorities exist, persons belonging to
such minorities shall not be denied their rights, in coherence with the other members of their
group, to enjoy their own culture, to profess and practice their religion, or to use their
language.’
Other declarations by the United Nations in favour of minorities include the United Nations
declaration on the rights of minorities which has made a requirement for its member states to
protect the identities of minorities along with their existence. This declaration was adopted by
the General Assembly resolution in 1992. It encourages the member states to promote the
linguistic, religious, cultural and ethical identities of the minority groups.
Under Article 2(1) of the concerned declaration, minorities have been provided with a full-
fledged right to practice their culture, religion, and language in any public or private place
without being a victim of prejudice.
Article 3 of the United Nations declaration on the rights of minorities ensures the minority
groups that they are free to exercise their individual and community rights without any
discrimination.
In furtherance of the efforts to protect the minorities and their rights, the United Nations also
formed the United Nations High Commissioner for Human Rights which promotes and
protects human rights for all. It works in respect of the minority groups who are large in
number in particular countries. It put effort to provide them with minority status. It follows
the basic principle of equality and discrimination in favour of the population at large.
The preservation, protection, and promotion of the rights of minority groups also fall under
the High Commissioner for Human Rights. The basic premise of this branch of the United
Nations is that it includes not just documentation or text but also fieldwork. Precisely, the
high commissioner is responsible for the implementation of these principles and charters. The
United Nations High Commissioner is also required to engage with the respective
governments of different nations to work together on the purpose of promotion and protection
of minority rights.
Minority Rights and the Indian Constitution
The definition of ‘minority’ has not been provided under the Indian Constitution. The Indian
Constitution includes Article 292 to Article 301 in Part XIV which states ‘ Special Provisions
relating to Minorities’.
From time to time, several amendments were made to these provisions. Ultimately, no special
right was provided to such communities except certain educational and culture-related rights.
Other than Part XIV of the Indian constitution, there are several other articles where the
rights of minorities are protected and preserved.
Article 14 and 15
‘The State shall not deny to any person equality before the law or the equal protection of the
laws within the territory of India, on grounds of religion, race, caste, sex or place of birth.’
As per Article 14, the state is expected to provide equal treatment and condemn
discrimination based on sex, gender, religion, etc.
‘The State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth, or any of them.’
According to Article 15, the state cannot discriminate among individuals based on their caste,
race, ethnicity, etc.
Article 29 and 30
Articles 29 and 30 are enshrined under the Indian Constitution as cultural and educational
rights. The interests of minority groups are protected under Article 29 of the Indian
Constitution. Article 29(1) stipulates that any community living under India’s jurisdiction has
the right to protect and propagate their language, literature, and tradition. Article 29 (2) bans
refusal of admission to state-aided academic institutions based on race, caste, religion, or
language.
This article safeguards the rights of citizens regardless of their ethnic or religious
affiliation. Article 30 is a crucial piece of legislation for India’s minority groups. Article
30(1) grants minority groups the right to create and run an educational establishment for the
preservation of their cultural identity.
As per Article 30(2), when providing aid, the state cannot discriminate against any minority-
run academic institution, irrespective of faith or language.
In contrast to popular perception, Article 29 has a broader reach than Article 30 as Article 30
exclusively applies to religious as well as linguistic minorities, whereas Article 29 applies to
all Indian citizens, along with the majority group. Article 29 is exclusively applicable to
Indian citizens, whereas Article 30 applies to both Indian citizens as well as non-citizens.
Article 38 and 39
Article 38 requires the government to establish public stability based on justice—social,
financial, and political—to promote the prosperity of individuals and to reduce disparities in
wealth, prestige, and opportunity.
Free legal aid and equitable justice in different dimensions are stated in Article 39. It instructs
the government to ensure that all people have stable employment, as well as a fair distribution
of assets for the general welfare. It also provides for the avoidance of economic inequality,
fair compensation for equal efforts, and the opportunity and resources for the progress of
children.
Article 46
Article 46 of the Constitution states that the government has the authority to take the
necessary steps that are essential to promote the economic and educational progress of the
weaker parts of the population, as well as to safeguard them from social inequality and
oppression
National Commission for Minorities Act was enacted in 1992 to constitute a National
Commission for Minorities and to provide for matters connected therewith or incidental
thereto. The commission works for the development of the recognized minorities in India.
The commission is mandated to have one chairperson, a vice-chairperson and 5 members.
The six religious communities notified as minority communities in India:
 Muslims
 Christians
 Sikhs
 Buddhists
 Zoroastrians/Parsis
 Jains

Functions of NCM
The National Minorities Commission performs the following functions:

1. It evaluates the progress of the development of minorities under both central and state
governments.
2. It monitors the working of the constitutional laws enacted for the welfare of minorities, both by
central and state governments.
3. It makes recommendations for the implementation of protective safeguards for the minorities.
4. It is the authorized body to look into complaints regarding deprivation of the rights and safeguards
of the minority communities.
5. It initiatives studies concerning minorities’ issues arising from discrimination.
6. It conducts studies, research and analysis concerning issues related to the socio-economic and
educational development of minorities.
7. It presents periodic or special reports concerning minorities and their issues to the central
government.
8. It governs matters which the central government refers to.

THE NATIONAL COMMISSION FOR SCHEDULED CASTES (NCSC)

It is a constitutional body that works to safeguard the interests of the scheduled castes in
India. It seeks to offer the SC community protection from discrimination and exploitation, as
well as providing facilities to uplift the SC community. Article 338 of the constitution of
India deals with this commission.
National Commission for Scheduled Castes Functions
1. Monitoring and investigating all issues concerning the safeguards provided for the
SCs under the constitution.
2. Enquiring into complaints relating to the deprivation of the rights and safeguards of
the SCs.
3. Taking part in and advising the central or state governments with respect to the
planning of socio-economic development of the SCs.
4. Regular reporting to the President of the country on the implementation of these
safeguards.
5. Recommending steps to be taken to further the socio-economic development and
other welfare activities of the SCs.
6. Any other function with respect to the welfare, protection, development and
advancement of the SC community.

National Commission for Scheduled Castes Composition

 National SC Commission Chairman: Shri Kishor Makwana
 Apart from the Chairman, there is a Vice-chairman and three other members.

 The first National Commission for Scheduled Castes was formed in 2004 under the chairmanship
of Suraj Bhan.
National Commission for Scheduled Tribes
Definition of Scheduled Tribes:
According to Article 366(25) of the Constitution, Scheduled Tribes are those communities
that are scheduled in accordance with Article 342 of the Constitution. Also, Article 342 of the
Constitution says that: The Scheduled Tribes are the tribes or tribal communities or part of or
groups within these tribes and tribal communities which have been declared as such by the
President through a public notification.
According to the 2011 Census, the Scheduled Tribes account for 104 million representing
8.6% of the country’s population. These Scheduled Tribes are spread throughout the country
largely in forest and hilly regions.
 The essential characteristics of these communities are:-
 Primitive Traits
 Geographical isolation
 Distinct culture
 Shy of contact with the community at large
  Economically backwards
 As in the case of the SCs, the Plan objective of empowering the tribals is being
achieved through a three-pronged strategy of social empowerment, economic
empowerment, and social justice.
Composition of National Commission for Scheduled Tribes (NCST)
The NCST consists of one chairperson, one vice-chairperson and three full-time members.
Out of the three members, there should compulsorily be one lady member. All the members
of the Commission have a tenure of 3 years.

Functions of National Commission for Scheduled Tribes

 NCST investigates and monitors all matters related to safeguarding the provisions for
Scheduled Tribes under the Constitution and evaluating the working of those
safeguards.
 NCST will inquire into specific complaints concerned with the deprivation of rights
and safeguards of the STs.
 The commission participates and advises on the planning process for the socio-
economic development of the STs and also evaluates the progress of the various
developmental activities.
 The President will be presented with an annual report of the working of those
safeguards. Apart from annual reports, other reports also will be submitted to the
President as and when necessary.
 The Commission will also give reports on what measures are to be taken by both the
central and various state governments for effective execution of the measures and
safeguards for the protection, development and welfare of the STs.
 Other functions of NCST are related to welfare, protection, development &
advancement of the STs.
NCBC

1. The National Commission for Backward Classes (NCBC) was an outcome of the
Indra Sawhney case (Mandal Commission)of 1992.
2. In the final verdict of the Mandal Commission, the Supreme Court of India had
addressed the formation of NCBC as a statutory body. Know in detail about
the Mandal Commission and its effect on the linked page.
3. Headquartered in Delhi, the National Commission for Backward Classes was
established on August 14, 1993, under the NCBC Act of 1993.
 4. NCBC, in the year 2015, proposed that a person having an annual family income of
up to ₹15 lakhs and belonging to the OBC caste will be considered as a minimum
ceiling for OBC.
5. It also recommended that OBC can be sub-divided into ‘backwards’, ‘more
backwards’ and ‘extremely backward’ categories. As per NCBC, the number of
backward castes in the year 2016 increased to 5013 in the Central list of OBCs.
Structure of NCBC
The National Commission for Backward Classes consists of five regulatory members which
include the Chairperson, Vice-Chairperson and three other members with a tenure period of
three years.
Constitutional Provisions
 Article 340 deals with the need to, inter alia, identify those “socially and
educationally backward classes”, understand the conditions of their backwardness,
and make recommendations to remove the difficulties they face.
 102nd Constitution Amendment Act inserted new Articles 338 B and 342 A.
 The amendment also brings about changes in Article 366.
 Article 338B provides authority to NCBC to examine complaints and welfare
measures regarding socially and educationally backward classes.
 Article 342 A empowers President to specify socially and educationally backward
classes in various states and union territories. He can do this in consultation with the
Governor of the concerned State. However, the law enacted by Parliament will be
required if the list of backward classes is to be amended.
NCBC- Powers and Functions
1. To investigate and monitor all the matters of the socially and educationally backward
classes under the Constitution or under any other law that are related to the proper
working of the safeguards provided.
2. To participate and advise actively on the socio-economic development of the socially
backward classes along with evaluating the progress of their development.
3. It annually presents the reports based on the working of the safeguards to the
President. If any of those reports relate to any matter which is concerned with the
State Government, a copy of that report is forwarded to the State Government.
4. NCBC is responsible for the protection, welfare, development and advancement of the
socially and educationally backward classes.
National Commission for Backward Classes – Benefits
 Providing justice to the socially and educationally backward sections of society.
 Address the concerns of the backward classes and bring social equality in society.
  Help the backward classes people fight atrocities against them and ensure quick
justice to them.
 Including a woman member from the backward classes in the proposed Commission
is a welcome move.
 It would also not encroach upon the rights of state governments as they would have
their own backward class commissions.
 It brings the NCBC on par with the National Commission for Scheduled Castes and
the National Commission for Scheduled Tribes
The Right to Information
Historical Background
The right to information is a fundamental right under Article 19 (1) of the Indian
Constitution. In 1976, in the Raj Narain vs the State of Uttar Pradesh case, the Supreme Court
ruled that Right to information will be treated as a fundamental right under article 19. The
Supreme Court held that in Indian democracy, people are the masters and they have the right
to know about the working of the government.
Thus the government enacted the Right to Information act in 2005 which provides machinery
for exercising this fundamental right.
The Right to Information Act of 2005
The act is one of the most important acts which empowers ordinary citizens to question the
government and its working. This has been widely used by citizens and media to uncover
corruption, progress in government work, expenses-related information, etc.
The primary goal of the Right to Information Act is to empower citizens, promote openness
and accountability in government operations, combat corruption, and make our democracy
truly function for the people. It goes without saying that an informed citizen is better
equipped to keep a required track on governance instruments and hold the government
responsible to the governed. The Act is a significant step in informing citizens about the
activities of the government.
All constitutional authorities, agencies, owned and controlled, also those organisations which
are substantially financed by the government comes under the purview of the act. The act also
mandates public authorities of union government or state government, to provide timely
response to the citizens’ request for information.
The act also imposes penalties if the authorities delay in responding to the citizen in the
stipulated time.
What type of information can be requested through RTI?
The citizens can seek any information from the government authorities that the government
can disclose to the parliament.
Some information that can affect the sovereignty and the integrity of India is exempted from
the purview of RTI.
Information relating to internal security, relations with foreign countries, intellectual property
rights (IPR), cabinet discussions are exempted from RTI.
Objectives of the RTI Act
1. Empower citizens to question the government.
2. The act promotes transparency and accountability in the working of the government.
3. The act also helps in containing corruption in the government and work for the people
in a better way.
4. The act envisages building better-informed citizens who would keep necessary vigil
about the functioning of the government machinery.
Important provisions under the Right to Information Act, 2005
 Section 2(h): Public authorities mean all authorities and bodies under the union
government, state government or local bodies. The civil societies that are substantially
funded, directly or indirectly, by the public funds also fall within the ambit of RTI.
 Section 4 1(b): Government has to maintain and proactively disclose information.
 Section 6: Prescribes a simple procedure for securing information.
 Section 7: Prescribes a time frame for providing information(s) by PIOs.
 Section 8: Only minimum information exempted from disclosure.
 Section 8 (1) mentions exemptions against furnishing information under the RTI Act.
 Section 8 (2) provides for disclosure of information exempted under the Official
Secrets Act, 1923 if the larger public interest is served.
 Section 19: Two-tier mechanism for appeal.
 Section 20: Provides penalties in case of failure to provide information on time,
incorrect, incomplete or misleading or distorted information.
 Section 23: Lower courts are barred from entertaining suits or applications. However,
the writ jurisdiction of the Supreme Court of India and high courts under Articles 32
and 226 of the Constitution remains unaffected.
To know in detail about the other fundamental rights of the Indian Constitution, aspirants can
refer to the links given below:
Significance of the RTI Act
 The RTI Act, 2005 empowers the citizen to question the secrecy and abuse of power
practised in governance.
  It is through the information commissions at the central and state levels that access to
such information is provided.
 RTI information can be regarded as a public good, for it is relevant to the interests of
citizens and is a crucial pillar for the functioning of a transparent and vibrant
democracy.
 The information obtained not only helps in making government accountable but also
useful for other purposes which would serve the overall interests of the society.
 Every year, around six million applications are filed under the RTI Act, making it the
most extensively used sunshine legislation globally.
 These applications seek information on a range of issues, from holding the
government accountable for the delivery of basic rights and entitlements to
questioning the highest offices of the country.
 Using the RTI Act, people have sought information that governments would not like
to reveal as it may expose corruption, human rights violations, and wrongdoings by
the state.
 The access to information about policies, decisions and actions of the government that
affect the lives of citizens is an instrument to ensure accountability.
 The Supreme Court has, in several judgments, held that the RTI is a fundamental right
flowing from Articles 19 and 21 of the Constitution, which guarantee to citizens the
freedom of speech and expression and the right to life, respectively.
Recent Amendments
 The RTI amendment Bill 2013 removes political parties from the ambit of the
definition of public authorities and hence from the purview of the RTI Act.
 The draft provision 2017 which provides for closure of case in case of death of
applicant can lead to more attacks on the lives of whistleblowers.
 The proposed RTI Amendment Act 2018 is aimed at giving the Centre the power to
fix the tenures and salaries of state and central information commissioners, which are
statutorily protected under the RTI Act. The move will dilute the autonomy and
independence of CIC.
 The Act proposes to replace the fixed 5-year tenure with as much prescribed by the
government.
Criticism of RTI Act
 One of the major set-back to the act is that poor record-keeping within the
bureaucracy results in missing files.
 There is a lack of staffing to run the information commissions.
  The supplementary laws like the Whistle Blower’s Act are diluted, this reduces the
effect of RTI law.
 Since the government does not proactively publish information in the public domain
as envisaged in the act and this leads to an increase in the number of RTI applications.
 There have been reports of frivolous RTI applications and also the information
obtained have been used to blackmail the government authorities.

Judicial Accountability

 To avoid any disastrous situation in the democratic system, there is a necessity for the
individual enjoying the ‘democratic republic’ power to be accountable for it. There should be
comprehensive accountability to include the judges, bureaucrats, and others vested with
power, not only politicians. The judicial system looks after the administration of justice by the
courts’ agency.
 The discharge of the duties of the judges is revered, but there are many cases in which the
judges’ decisions led to frustration in getting justice, and people tend to lose faith in the
judiciary. Sometimes to get justice, people tend to take it into their own hands. This is not a
wanted situation; therefore, judiciary accountability is done.
 Judicial accountability in India is also there. The judiciary body should have independence so
that the judge can act according to his oath to be fearless and not hold emotions such as ill
will, affection and favour in the court and uphold the country’s law and constitution.
 The Indian Constitution has put in Article 235 to have accountability as an aspect of
independence. Through this article, the High Court can have ‘control’ over the subordinate
judiciary to put forth their accountability.

Procedure Established by Law Due Process of Law

It means that a law that is duly enacted by the legislature Due process of law checks whether any
or the body in question is valid if the procedure to law in question is fair and not arbitrary
establish it has been correctly followed

The Judiciary would assess whether the Legislature is If the Supreme Court of India that any
competent to frame the law and whether it had followed law as not fair, it will declare it as null
the procedure laid down to legislate and would not assess and void. This doctrine provides for
the intent of the said law more fair treatment of individual rights

Compared to ‘due process of law” it is narrow in scope as The due process of law gives wide scope
it does not question whether the law concerned is to the Supreme Court to grant protection
contrary to principles of justice and equity to the rights of its citizens.
The Supreme Court, while determining the The Supreme Court can declare laws
constitutionality of the law examines only the substantive violative of fundamental rights and
question i.e., whether the law is within the powers of the render them void not only on substantive
authority concerned or not. grounds of being unlawful but also on
procedural grounds of being
unreasonable.

A rigid and inflexible following of the procedure Under due process, it is the legal
established by law may raise the risk of compromise to requirement that the state must respect
life and personal liberty of individuals due to unjust laws all of the legal rights that are owed to a
made by the law-making authorities. Thus, Procedure person and laws that states enact must
established by law protect the individual against the conform to the laws of the land
arbitrary action of only the executive.