Human Rights

Human rights are fundamental rights that are moral precepts or standards
established for accepted human conduct and are safeguarded by local or
international law. No matter their age, caste, creed, gender, religion, race, origin,
or region, all people have access to these. These are referred to be unalienable
fundamental rights that belong to every person.

The phrase “human rights” refers to all of those liberties that are fundamental to
who we are as people and without which we cannot survive. Human rights are
an enduring aspect of what it means to be human.

Human rights cover virtually every area of human activity.

They include civil and political rights, which refer to a person’s rights to take part in
the civil and political life of their community without discrimination or oppression.
These include rights and freedoms such as the right to vote, the right to privacy,
freedom of speech and freedom from torture.
They also include economic, social and cultural rights, which relate to a person’s
rights to prosper and grow and to take part in social and cultural activities. This
group includes rights such as the right to health, the right to education and the right
to work.

Nature
1. Human Rights are Inalienable - Human rights are conferred on man 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.

2. 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.

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 3. 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.

4. 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.

5. 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

6. Human rights are inherent– The rights cannot be brought or borrowed from
somewhere or someone. There rights are naturally existing.

7. Interdependent– Human rights are interdependent on other rights.

Generation of HR
The first generation rights i.e., civil and political rights are the initial form of
natural rights. These rights developed during the English Revolution of the
17th century and the French and American Revolution of the 18th century. The
key theme underlying these rights is liberty. The first generation rights include
the right to life, the right to liberty, and the right to property and have expanded
to include non-discrimination, freedom from arbitrary arrest, freedom of
thought, freedom of religion, freedom of movement etc. These rights are often
seen as a manifestation of negative rights since they can be enjoyed only when
there is a restriction upon others. The key documents to understand the content
of the first generation of human rights are Article 3 to Article 21 of the UN
Declaration and the International Covenant of Civil and Political Rights of 1966
which came into force in 1976.

In the twentieth century, especially post World War II, second-generation rights
began to earn a greater prominence. The economy of countries was torn by war
and there was massive destruction as a result of the world wars. Therefore, the
effort for economic, social and cultural rights developed during the twentieth
century. The rights rely on socialist assumptions and the underlying theme
is equality which is in contrast to first-generation rights and the notion of liberty.

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 The second-generation rights include the right to work, the right to health care,
the right to education, the right to social security etc.

The third generation of rights emerged post-1945 and are referred to

as solidarity rights. This is for the simple reason that these rights are concerned
with social groups and society on the whole rather than an individual. They are
therefore seen as collective rights. The underlying theme of the third-generation
rights is fraternity. Usually, these rights are shaped by the difficulties faced by
the countries of the Global South. These rights include the right to development,
the right to environmental protection, the right to self-determination, the right to
peace etc. The Stockholm Convention of Human Environment of 1972 and the
Earth Summit of 1992 at Rio can be analyzed to understand these rights.

Origin and Evolution and of Human Rights

Human Rights in Ancient India
The history of human rights in India has deep roots within Indian political
thinkers and philosophers, dating back to ancient civilizations.

In antiquated India, legal principles were founded on Dharma, which aimed to

promote the well-being of all beings and prevent harm among them, as evident
in Epics like Ramayana and Mahabharata. The Bhagavad Gita emphasises
righteousness as the core of Dharma. The Upanishads regard Dharma as the
fundamental underpinning of the entire universe. The Vedas and Smritis
advocate the concept of “Vasudhaiva Kutumbakam,” portraying the world as a
unified family. All four Vedas underscore equality and dignity for every human.

In the whole eighteen puranas, Vyasa has said two things doing well to
another are right, causing injury to another is wrong. Manu says, 'king should
protect and support all his subjects without any discrimination in the same
manner as the earth supports all living being

There was however, a downfall of human rights jurisprudence in Post-Vedic age.

But with the rise of Buddhism and Jainism there was a revival of human rights
jurisprudence. Influenced by the teachings of Buddha worked extensively for the
protection of human rights. His chief concern was the happiness of his subjects.
Torture and inhuman treatment of prisoners were prohibited under Ashoka's
administration.

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 Consequently, it’s evident that ancient Indian literary works actively promoted
and endorsed human rights, liberty, freedom and equality for all individuals,
regardless of discrimination based on caste, creed, gender, sex or religion.

Human Rights in Medieval India

Both in theory and practice, there was discrimination against Hindus vis-à-vis
Muslims. Muslim rule in India was not founded on the basic principles of human
dignity, equality and justice and was essentially autocratic, theocratic and
irresponsible, devoid of the idea of rule of law, morality, justice, tolerance and
social harmony. So significance of Muslim rule in India from the point of view of
human rights was counter-productive to harmony, justice and equality and the
concept of human rights got lost on its way in the dark and narrow alleys of the
middle ages. It was however; at a later stage that Muslim state in India became
considerably modified in its form.

Akbar introduced a religious policy called Din-E-Ilahi (divine religion), which

aimed to promote secularism and religious tolerance. Moreover, religious
movements like Bhakti (Hindu) and Sufi (Islamic) played a crucial role in
advancing the history of human rights in India. However, these advancements
were sometimes suppressed by other Mughal Emperors such as Babar,
Humayun and Aurangzeb.

Human Rights in Modern India

The transition from the medieval to modern period has resulted in a prodigious
change in the Indian history. The British Indian rulers discriminated against
Indians in matters of their political and civil liberties and rights. They resorted to
arbitrary acts such as brutal assaults on unarmed satyagrahis, internments,
deportation etc., against Indians fighting for national independence, equal
justice and economic equality. After witnessing the colonial rule, every Indian
was of the firm opinion that the recognition, protection and implementation of
human rights are not only basic but also inalienable for them for leading a
civilized life.

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 Key constitutional provisions in India contribute to the history of human rights in
India in modern times. These include the Preamble, Fundamental Rights,
Directive Principles of State Policy, recently added Fundamental Duties,
reservations for scheduled castes and tribes, and special provisions for Anglo-
Indians and other backward classes.

When examining human rights in relation to the Indian Constitution, it becomes

evident that the Constitution incorporates nearly all the human rights outlined in
various international agreements, covenants and treaties. Some of these include:

Universal Declaration of Human Rights, 1948

International Covenant on Economic, Social and Cultural Rights, 1976

International Covenant on Civil and Political Rights, 1976

Development of HR regime
Historical Development
The Code of Hammurabi, one of the oldest known legal codes, was enacted by
King Hammurabi of Babylon around 1754 BCE. It is a significant historical artifact
that provides insight into the early understanding of justice, social order, and
governance.

The Babylonian king Hammurabi issued set of laws to his people called as
Hammurabi 's codes, which established fair wages, offered protection of
property and required charges to be proven at trial. The Code of Hammurabi
from about 1800 B.C. is often cited by historians for its foundational place in the
western tradition of human rights. Two hundred eighty two mostly rational
clauses governed Babylonian existence and were rooted in "eye for an eye"
justice. Of course, there was great disparity between judgement on nobility and
judgment on slaves.''

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.

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 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.

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.

Legal Development
1. Magna Carta ,1215

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.

2. The Virginia Bill of Rights ,1776

For the first time, the Bill of Rights was adopted in the written constitution of the
state as 'the basis and foundation' of the government. It was the constitution of
Virginia that recognised the natural rights as bill of rights. Consequently, it

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 inspired the makers of the American constitution to introduce the First Ten
Amendment to The Constitution.'

The Virginia Declaration of Rights, adopted on June 12, 1776, was a seminal
document in American history and a precursor to both the U.S. Declaration of
Independence and the U.S. Bill of Rights. Drafted by George Mason, it
articulated fundamental principles of liberty and governance, emphasizing the
inherent rights of individuals.

The Declaration consists of sixteen articles on the subject of which rights

"pertain to the people of Virginia as the basis and foundation of Government.

Key Features:

Natural Rights: The Declaration affirmed that all men are naturally free and
independent, with inherent rights, including life, liberty, property, and the pursuit of
happiness and safety.

Government's Purpose: It declared that governments are instituted for the common
benefit, protection, and security of the people, deriving their power from the
consent of the governed.
Rule of Law: It emphasized the importance of a legal system that upholds justice
and ensures the separation of powers to prevent tyranny.

3. American declaration of independence 1776

On July 4, 1776, the United States Congress approved the Declaration of

Independence. Its primary author, Thomas Jefferson, wrote the Declaration as a
formal explanation of why Congress had voted on July 2 to declare
independence from Great Britain, more than a year after the outbreak of the
American Revolutionary War, and as a statement announcing that the thirteen
American Colonies were no longer a part of the British Empire.

Philosophically, the Declaration stressed two themes: individual rights and the
right of revolution. These ideas became widely held by Americans and spread
internationally as well, influencing in particular the French Revolution.

Theory of natural rights, then, entered into the realm of constitutionalism with
two revolutionary documents, namely the American Declaration of
Independence and the French Declaration of Rights of Man, which asserted that

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 there were certain inalienable rights and it was the duty of the state and its
organ to protect these rights

4. French declaration of rights 1791

Inspired by the American Declaration of Independence, the French National

Assembly in 1789 formulated the declaration of the Rights of Man. This
Declaration recognised and declared natural rights as imprescriptibly and
inalienable rights and operated as limitation over the acts of the government.

In its preamble and its 17 articles, it sets out the “natural and inalienable” rights,
which are freedom, ownership, security, resistance to oppression; it recognizes
equality before the law and the justice system, and affirms the principle of
separation of powers.

5. American Bill of Rights 1789

The original draft of the Constitution of America didn't contain the bill of rights.
Therefore, some states urged for inclusion of Bill of Rights as precondition for
their ratification to the federal Constitution. The demand was conceded and
ultimately led to incorporate a Bill of Rights in the form of First Ten Amendments
to the Constitution in 1791

The Bill of Rights includes some of the most basic freedoms and rights that we
think of today in the United States. These are a few of the key ideas in each
amendment:

First Amendment: freedom of religion, freedom of speech, freedom of the

press, and freedom of assembly

Second Amendment: the right of the people to keep and bear arms

Third Amendment: restricts housing soldiers in private homes

Fourth Amendment: protects against unreasonable search and seizure

Fifth Amendment: protects against self-testimony, being tried twice for the
same crime, and the seizure of property under eminent domain

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 6. The First Geneva Convention (1864)

The diplomatic conference was held for the purpose of adopting a convention
for the treatment of wounded soldiers in combat.

The main principles laid down in the Convention and maintained by the later
Geneva Conventions provided for the obligation to extend care without
discrimination to wounded and sick military personnel and respect for and
marking of medical personnel transports and equipment with the distinctive sign
of the red cross on a white background.

7. Nuremberg Trial

The Nuremberg Trials (1945–1946) were a series of military tribunals held after
World War II to prosecute prominent leaders of Nazi Germany for war crimes,
crimes against peace, crimes against humanity, and conspiracy to commit these
crimes. These trials marked a pivotal moment in the development of
international law and accountability for atrocities.

Established legal precedents for future international law, including the Genocide
Convention and Universal Declaration of Human Rights.

Reinforced the principle that individuals, not just states, can be held accountable
for crimes under international law.

The Nuremberg trials established that all of humanity would be guarded by an

international legal shield and that even a Head of State would be held criminally
responsible and punished for aggression and Crimes Against Humanity. The
right of humanitarian intervention to put a stop to Crimes Against Humanity –
even by a sovereign against his own citizens – gradually emerged from the
Nuremberg principles affirmed by the United Nations.

8. The United Nations (1945)

In April 1945, delegates from fifty countries met in San Francisco full of optimism
and hope. The goal of the United Nations Conference on International
Organization was to fashion an international body to promote peace and prevent
future wars.

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 UN Charter
The Charter of the United Nations was signed on 26 June 1945, in San
Francisco, at the conclusion of the United Nations Conference on International
Organization, and came into force on 24 October 1945.

Human Rights, since the inception of the United Nations, have been an important
part of its purposes, ideals and functions. Human rights are mentioned as early
as in the Preamble of the UN Charter of the United Nations, emphasizing that the
UN Organization seeks “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 promote social progress and better
standards of life in larger freedom”.

The Charter’s operative part contains six articles with explicit references to
human rights, making the subject one of the central themes of the legal
instrument. In 1948, the Universal Declaration of Human Rights brought human
rights into the realm of international law. Since then, the Organization has
diligently protected and promoted human rights through legal instruments and
on-the-ground activities.

Human rights are rights inherent to all human beings, whatever their nationality,
place of residence, sex, national or ethnic origin, color, religion, language, or any
other status. We are all equally entitled to our human rights without
discrimination. These rights are all interrelated, interdependent and indivisible.

Universal human rights are often expressed and guaranteed by law, in the forms
of treaties, customary international law, general principles and other sources of
international law. International human rights law lays down obligations of
Governments to act in certain ways or to refrain from certain acts, in order to
promote and protect human rights and fundamental freedoms of individuals or
groups.

Article 1 of the UN Charter

Article 1 of the 1 UN Charter talks about the purposes of the United Nations. They
are:

Maintaining international peace and security;

Developing friendly relations amongst the nations;

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 Achieving international cooperation to solve international issues of social,
economic, cultural or humanitarian nature;

Being a center to harmonize the actions of the state to accomplish these

common goals.

The main organs of the UN are

1. the General Assembly,

2. the Security Council,

3. the Economic and Social Council,

4. the Trusteeship Council,

5. the International Court of Justice,

6. and the UN Secretariat.

UDHR
The Universal Declaration of Human Rights is a global document that
establishes the human rights and civil liberty of every person in the world. The
General Assembly of the United Nations adopted this declaration on 10th
December 1948, primarily as a response to the actions of the Second World War.
This declaration contains 30 articles that will apply to every human being on this
planet, irrespective of religion, race, nationality, and gender.

The human rights declaration is considered a ground-breaking document which

provides us with a set of most fundamental human rights necessary for the
survival and progress of humans.

It is an apolitical and secular document transcending all barriers based on

culture, gender, religion and political ideologies.

The widely used phrase “rule of law” was first used in this document. It implies
that all human beings are equal in the eyes of the law irrespective of territorial,
jurisdiction and political ideologies.

Even though it is not legally binding on national states, the human rights
declaration has become the foundation for fundamental rights and individual

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 liberty in different national constitutions and regional and multilateral
agreements.

It is an important foundational document of the United Nations and part

indirectly a part of the UN charter.

The UDHR had a great influence on the Indian Constitution since the drafting of the
document was completed a year later to the adoption of the international
instrument. India, being a signatory to the proclamation, ensured that the principles
enshrined in the UDHR are also reflected in the Constitution of India. The words
“Secular, Justice, Equality” in the preamble, the very beginning text of the
Constitution, reflect the spirit of India as a nation to promote and protect human
rights.
The simple terms in the preamble are supported by Part III and Part IV of the
Constitution, which discuss the fundamental rights and the directive principles of
state policy.

Significance of UDHR
Since the Universal Declaration is not a treaty, it does not impose any legal
duties on governments directly. It is, however, a statement of universal
principles that all members of the international community share; it has also had
a significant impact on the creation of international human rights law.

It is the first international instrument ever that focuses on the need for protection
of human rights across the globe.

UDHR paved the way for other various instruments on human rights that are
legally binding upon the state parties.

This declaration became the basis of international human rights law and laid a
foundation for the evolution of human rights law not just at the international level
but also at the domestic level. It inspired nations across the world to give
significance to human rights and to respect each and every individual.

The UDHR supported by various other international instruments on human

rights, has been successful in reducing numerous practices such as racial
discrimination, torture, slavery, etc., to a great extent, which were very prevalent

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 during the 19th century. Recognition of women’s rights is another achievement
of the UDHR.

Universal Declaration of Human Rights has given rise to several international

treaties that are binding on the countries that ratify them.

HR committee
History and development

The Commission, established in 1946, is the main United Nations legislative

body working to promote and protect human rights. The Commission provides
overall policy guidelines, studies human rights problems, develops and codifies
new international norms and monitors the observance of human rights around
the world. The Commission provides a forum for States, civil society – through
non-governmental organizations – and international organizations to voice their
concerns about human rights issues.

In 1947, where the Commission on Human Rights met for the first time, its sole
function was to draft the Universal Declaration of Human Rights. That task was
accomplished within a year and the Declaration was adopted by the General
Assembly on 10 December 1948

For the first 20 years (1947-1966), the Commission concentrated its efforts on
standard-setting. Using the Universal Declaration as the basis, the Commission
set about drafting an impressive body of international human rights law,
culminating in the adoption by the General Assembly in 1966 of the two human
rights covenants, the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights. Together, the
Universal Declaration and the two Covenants are commonly referred to as the
International Bill of Human Rights.

It was only 20 years later, in 1967, that the Commission was specifically
authorized (by the Economic and Social Council, with the encouragement of the
General Assembly) to start to deal with violations of human rights. Since then,
the Commission has set up an elaborate machinery and procedures, country-
oriented or thematic, to monitor compliance by States with international human
rights law and to investigate alleged violations of human rights, inter alia, by

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 dispatching fact-finding missions to countries in all parts of the world, rich and
poor, developing and developed alike.

Composition

The Human Rights Committee is the body of 18 independent experts who are
elected for a term of four years by States Parties to the ICCPR. that monitors
implementation of the International Covenant on Civil and Political Rights by its
State parties.

Each member must be a national of a State Party to the ICCPR, of high moral
character, and have recognized competence in the field of international
human rights. No more than one national of a State can be included in the
Committee.

Working

All States parties are obliged to submit regular reports to the Committee on how
civil and political rights are being implemented. States must report initially one
year after acceding to the Covenant and then whenever the Committee requests.
In accordance with the Predictable Review Cycle, the Committee requests the
submission of the report based on an eight-year calendar. The Committee
examines each report and addresses its concerns and recommendations to the
State party in the form of ‘concluding observations’.

The Committee also publishes its interpretation of the content of human rights
provisions, known as general comments, on thematic issues or its methods of
work.

The Committee meets in Geneva and normally holds three sessions per year.

The work of the Committee

No country’s record of protecting and promoting civil and political rights is perfect
and free from criticism. As a result, the Committee’s task is to encourage each State
party:

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 1. To maintain in place those laws, policies and practices that enhance the
enjoyment of these rights;

2. To withdraw or suitably amend those measures that are destructive or corrosive

of Covenant rights;

3. To take appropriate positive action when a State party has failed to act to
promote and protect these rights; and

4. To consider appropriately the effects in terms of the Covenant of new laws,

policies and practices that a State party proposes to introduce in order to ensure
that it does not regress in giving practical effect to Covenant rights.

Individual Complaints
The Human Rights Committee may consider individual complaints that allege a
violation of an individual’s rights under the ICCPR if the State is a party to the First
Optional Protocol to the ICCPR, which establishes the complaints mechanism.
Articles 1 through 5 of the Optional Protocol identify the requirements for the
Committee’s consideration of an individual complaint

Inter-State Complaints
Article 41 of the ICCPR provides a mechanism for States to complain about
violations of the ICCPR made by another State. Both States concerned must have
made declarations accepting this procedure, or the complaint will not be
considered. This procedure for inter-State complaints, however, has never been
used.

Cases
1. Kesavananda Bharati v. State of Kerala & Anr.

The Court in this case held that the parliament has the power to amend any
provision of the Constitution, but the amendment should not be violative of the basic
structure of the Constitution which includes the fundamental features of the
constitution such as equality, justice, or any of the principles mentioned in the
preamble of the constitution. The basic structure also includes Part III of the

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 Constitution which includes the fundamental rights. The Court also held that though
the UDHR is not legally binding, the way the fundamental rights are drafted by the
constituent assembly shows how India understood the nature of human rights. The
Court further held that the declaration describes some rights as inalienable.

2. Chairman, Railway Board & Ors. v. Mrs. Chandrima Das& Ors.

The Court held that fundamental rights guaranteed under the Constitution are in
consonance with the rights set out in the UDHR. Therefore the meaning of the term
‘life’ under Article 3 of the Constitution has to have the same meaning under Article
21 of the Constitution. The Court held that the meaning of the term life under Article
21 of the Constitution cannot be narrowed down.

Covenants of 1966
In addition, the Universal Declaration of Human Rights has given rise to several
international treaties that are binding on the countries that ratify them. These
include:

The International Covenant on Civil and Political Rights (ICCPR)

The International Covenant on Economic, Social, and Cultural Rights (ICESCR)

International Covenant on Economic, Social and

Cultural rights
The ICESCR is a multilateral treaty adopted by the United Nations General
Assembly on 16 December 1966 as part of the larger resolution on Universal
Declaration of Human Rights. It aspires to provide non-self governing and trust
territories and individuals , labour rights, right to health , right to education and
the right to an adequate standard of living

The International Covenant on Economic, Social and Cultural Rights entered into
force in 1976. The Committee on Economic, Social and Cultural Rights is the
body of 18 independent experts that monitors implementation of the Covenant

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 by its States parties. Its Optional Protocol entered into force in 2013. The human
rights that the Covenant seeks to promote and protect include

-the right to work in just and favourable conditions;

-the right to social protection, to an adequate standard of living and to the highest
attainable standards of physical and mental well-being;
-the right to education and the enjoyment of benefits of cultural freedom
and scientific progress.

Consist of 31 Articles which are divided in 5 parts. Part 1 deals with right of
people to self discrimination

International Covenant on Civil and Political Rights

The ICCPR is a multilateral treaty adopted by the United Nations on December
16, 1966, and came into force on March 23, 1976. The Covenant commits parties
to respect the civil and political rights of individuals, which includes, right to
freedom of speech and expression, right to freedom of religion, Freedom of
assembly, electoral rights, due process and a fair trial.

The ICCPR was a trailblazer in the field of Human Rights enforcements, this is
because the Universal Declaration of Human Rights adopted in 1948 was majorly
persuasive in nature and didn’t have any binding powers as such.

Therefore, the ICCPR was made with the intent of bearing legal power, in the
sense that those countries which sign and ratify the treaty, have to then abide by
its provisions and will be held liable for violation of those rights. Many countries
that ratified the ICCPR also agreed that the Human Rights Committee may
investigate allegations by individuals and organisations that the state has
violated their rights.

The major objective of these Covenants is to ensure that each person is

guaranteed these rights without any discrimination.

Together, the Universal Declaration and the two Covenants form the
International Bill of Human Rights.

Main provisions

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 Article 1 – Allows for the right of people to “self-determination”, including right to
freely determine their political status. It also includes a negative right, that people
should not be deprived of their means of substance.
Article 2 – Each State party undertakes to respect and ensures the rights provided
by this Covenant to everyone that comes under its jurisdiction, without any
distinction of any kind such as race, gender, caste, sex, language, religion, political
or other opinion.

Right to physical integrity

Articles 6– it provides for a person’s “inherent Right to life”, and requires the same to
be protected by the law. It states that this is the most supreme right, and no
derogation of this is ever possible. It doesn’t prohibit death penalty, but restricts it to
the most serious crimes.

Article 7– it prohibits human degrading punishment, derogation of this is also strictly

prohibited.
Article 8– Prohibits slavery and forced labour.

Right to Liberty and security of a person

Article 9– provides for liberty and security of a person, prohibits arbitrary arrest and
detention, it also provides to the people arrested recourse to courts and a fair trial
for curbing their liberty.

Article 10 – This provides that whoever has been arrested whether it be for a crime,
psychiatric care or otherwise shall be treated with humane condition, this Article
complements Article 7 that provides for humane punishments. It also requires the
set up for Juvenile Prisons for separating them from adults.

Article 11 – Prohibits the use of punishment for breach of contract.

India and the ICCPR

The body that regulates and protects human rights in India is the National Human
Rights Commission (NHRC). For making a Treaty as binding in any particular State, it
has to ratify the same, during this time any country can also make some

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 declarations. In this regard, India has also made certain declarations with respect to
the ICCPR.
It has been stated by the government while ratifying the Treaty that Article 9 of the
treaty works in consonance with Article 22 of the Constitution of India, which
provides for preventive and punitive detention laws.

Optional Protocols
Human rights treaties are often followed by ‘Optional Protocols’. These set out extra
provisions which have been written after the treaty was adopted. Optional protocols
can be used to:

expand upon the obligations in the original treaty, or

address new and emerging concerns which the treaty does not cover.

These protocols are ‘optional’ because they are not automatically binding on the
states which have ratified the original treaty. It is up to each state to decide whether
or not it wants to be bound by an Optional Protocol. If it wants to be bound then it
must ratify the Optional Protocol.

The first Optional Protocol came into force on 23 March 1976. It sets out a system
by which the Human Rights Committee can receive and consider complaints from
individuals who allege that their human rights have been violated. The first Optional
Protocol to the ICCPR allows individuals, whose countries are party to the ICCPR
and the protocol, who claim their rights under the ICCPR have been violated, and
who have exhausted all domestic remedies, to submit written communications to the
UN Human Rights Committee.
As its name makes clear, the Protocol is not compulsory, but once a State party to
the Covenant also becomes a party to the Protocol, any person subject to the
jurisdiction of the State party may lodge a written complaint with the Human Rights
Committee (subject to any permissible reservations).
The Second Optional Protocol came into force on 11 July 1991. The second Optional
Protocol abolishes the death penalty for States parties.

Human Rights 19
 Fundamental Rights
The fundamental rights have been provided in part III of the Constitution. These
are primarily in the nature of civil and political rights. There are two kinds of
rights, some available to all persons living in India and some available only to
citizens of India. These rights are justiciable, which means in case of violation of
these rights, the citizens can go to courts for enforcement of these rights.

The rights as such are Constitutional guarantees. These can be infringed only to
the extent provided by the Constitution itself or under conditions of emergency.
Originally, the Fundamental rights were provided under seven categories. In
1978, through 44th amendment of the Constitution, one right that is right to
property, was deleted from the chapter on rights. As such there are now six
categories of Fundamental Rights. These are discussed as below:

Right to Equality
Through Articles 14 to 18, the Constitution provides equality before law, of
opportunity, dignity and status.

Article 14 provides that the state shall not deny to any person equality before
law or the equal protection of the law within the territory of India.

Article 15 prohibits the state to discriminate against any citizen on grounds only
of religion, race, caste, sex, place of birth or any of them. Prohibition of
discrimination is placed also on society as no citizen on any of the above
mentioned grounds can be denied access to shops, restaurants, hotels, places
of public entertainment, and use of wells, tanks, bathing ghats, roads and places
of use of the general public. The State, however, can make special provisions for
women and children. For example men can be denied access to places of bath
for women, or adults from entry to parks for children. Article 15 also allows state
to make special provisions for the advancement of backward classes of citizens
and for Scheduled castes and tribes.

Article 16 provides equality of opportunity for all citizens in respect of public

employment. They cannot be deprived of this on grounds only of religion, race,
caste, sex, descent, place of birth, residence etc. The State can, however, make
special provisions for reservations of jobs for the Scheduled Castes and Tribes

Human Rights 20
 as also promotions in jobs. It means denial of opportunity to others in jobs
reserved for Scheduled Castes and Tribes. This is known as affirmative action
for the welfare of deprived sections.

Article 17 abolishes practice of untouchability in any form. It declares practice of

untouchability as a crime punishable in accordance with law. Thus equality of
dignity is assured.

To provide equality of status Article 18 provides that the state shall not confer
any title other than military or academic. No citizen of India shall accept any title
from any foreign state. No person other than a citizen, while holding an office of
profit, under the state shall, without the consent of the president, accept title
from a foreign state.

Right to Freedom

Article 19 guarantees six basic freedoms. These are

(i) freedom of speech and expression,
(ii) Freedom to assemble peacefully without arms,

(iii) Freedom to form associations and unions,

(iv) Freedom of movement,
(v) Freedom to reside and settle in any part of India,
(vi) Freedom to practice any profession or carry on any occupation, trade or
business.

These freedoms, however, are not absolute; clauses 2 to 6 of the Article 19 provide
for conditions under which the state can put reasonable restrictions on these
freedoms under certain conditions. These are: security of the state, public order,
foreign relations, defamation, contempt of court, sovereignty and integrity of India,
public morality or incitement to commit an offence.

Protection in respect of Conviction of offences

Human Rights 21
 Article 20 gives to citizens, protection against conviction for offences except for
the violation of the law in force, against punishment for the same offence more
than once and against forcing a person to be a witness against one self.

Right to Life and Personal Liberty

Article 21 guarantees all persons right to life. According to this, no person shall
be deprived of his life or personal liberty except according to procedure
established by law. Right to life has been expended by the Supreme Court
declaring that right to life means a dignified life. The Government of India has
also agreed with it and through an amendment of the Constitution, it added
Article 21 A guaranteeing the right to education to all children between the age
of six and fourteen years. Issues of pollution have also been taken up as
affecting the right to life.

Protection in cases of Arrest and Detention

Article 22 provides for right to be informed of the grounds of arrest, right to
consult and be defended by a lawyer, right to be presented before a magistrate
within 24 hours etc. These rights are, however, withheld from enemy, aliens and
persons who are arrested or detained under any law providing for preventive
detention.

Right to Freedom of Religion

Articles 25 and 26 guarantee freedom of Conscience and free profession;
practice and propagation of religion, establishment and maintenance of
institutions for religious and charitable purposes. These freedoms, however, are
subject to public order, morality and health. It means all individuals and religious
groups are free to practice their faith without endangering public order and
health.

DIRECTIVE PRINCIPLES OF STATE POLICY

The second category of rights is provided in chapter IV of the Constitution through
Articles 36 to 51. The Directive Principles are special feature of the Indian
Constitution. They are essentially aimed at social welfare, especially of the weaker
sections of the society. They are different from Fundamental Rights in the sense that
they are not enforceable by any court

Human Rights 22
 In terms of rights or policy frameworks, the Directive Principles can be divided into
three categories:

(i) Socio-Economic Rights

(ii) The Gandhian principles
(iii) Directives for General Welfare and Governance

Socio-Economic Rights
These principles for Socio-Economic rights and welfare have been provided in
Articles 38, 39, 39A, 41 and 42.

Article 38 provides that “The state shall strive to promote the welfare of the people
by protecting, as effectively as it may, a social order in which justice, social-
economic and political shall inform all the institutions of the national life. It also
directs the state to eliminate inequalities in income, status, and opportunity not only
among individuals but also among groups of people”.

Article 39 provides that the state shall, in particular, direct its policies for securing
the citizens both men and women:
i) Equal right to an adequate means of livelihood;
ii) Equal pay for equal work;
iii) Fair distribution and control of resources so as to serve the common good;
iv) To check that operation of the economic system is in a way that it does not result
in the concentration of wealth and means of production to the common detriment.
v) Prevention of health and strength of workers, men and women, and the tender
age of children against abuse; and
vi) Opportunities and facilities for children and youth to develop in healthy manner
and not to be exploited.

Article 39A provides that the State shall secure that the operation of the legal

Human Rights 23
 system promotes justice, on a basis of equal opportunity, and shall, in particular,
provide free legal aid, so that justice is not denied to any citizen by reason of
economic or other disabilities.

Article 41 states that within the limits of its resources the state will make provision
for the right to work, to education, and to public assistance to the unemployed, sick,
old and disabled; secure just and humane conditions of work and maternity relief;
and decent living, wage; raise level of education, standard of living and public
health, early childhood care and education of children below the age of six.

The Gandhian Principles

Article 40 directs the state to organise village Panchayats and to vest them with
such powers and authority as may be necessary to enable them to function as units
of self government. This means establishment of Gandhi’s idea of Panchayati Raj.
You may be aware that through 73rd Amendment of the Constitution, the Panchayati
Raj system has been implemented as a Constitutional provision.

Article 46 provides for the state to promote the educational and economic interests
of the Scheduled Castes, Tribes and other weaker sections of the society. It also
directs the State to protect these sections from social injustice and from all forms of
exploitation.

Article 47 states that the state shall raise the level of nutrition and standard of living
of people. It also directs the state to bring about prohibition of intoxicating drinks
and drugs, which are injurious to health.

Directives for General Welfare and Governance

The Directive Principles also direct the State to adopt and implement policies for
basic education, uniform civil code, independence of judiciary, protection of

Human Rights 24
 heritage and promotion of international peace.

Article 44 prescribes for a uniform civil code and directs the State to endeavour to
secure to all citizens a uniform code throughout the territory of India.

Article 45 provides that the state shall endeavor to provide, within a period of ten
years from the commencement of the Constitution, free and compulsory education
for all children until they complete the age of fourteen years.

Article 49 directs the state to protect, preserve and maintain monuments, places or
objects of artistic or historic interest or of national importance. The State is to
ensure that these monuments and objects are not spoiled, disfigured, destroyed,
removed or exported.

Article 50 directs the state to take steps to separate judiciary from the executive in
public service or the state. This has been a colonial legacy for District Magistrates to
exercise both executive and judicial powers. This concentration of powers goes
against the theory of checks. Therefore the framers of the Constitution desired the
separation of the two.

Protection of Human Rights Act, 1993

In the early 1910s, India was globally criticized for the violations of human rights
by its armed forces in the state of Jammu and Kashmir. The USA and various
other countries from the western world pressured the Indian government to take
cognizance of the cases of human rights violations in the country. In addition to
the international pressure, there was a considerable demand on the national
level for such a law that would deal with the various issues related to human
rights violations.

Therefore, considering the demand at the national level and as a constructive

reply to the criticism of foreign countries, the Human Rights Commission Bill was

Human Rights 25
 first introduced in the Lok Sabha on May 14, 1992. After a deliberate discussion,
the Bill was referred to the Parliament’s Standing Committee on Home Affairs.

However, in response to international and local demands, the President of India

promulgated an Ordinance , that established a National Commission on Human
Rights. Following that, the Lok Sabha passed a Bill on Human Rights to replace
the ordinance, and the Bill became an Act.

Salient features of the Protection of Human Rights Act, 1993

To protect human beings from violations of their rights. “Human Rights” include
the right to life, liberty, equality, and dignity, as guaranteed by the constitution.

To protect these rights from abuses of power committed by state bodies.

To establish an organization for the advancement of existing living beings and

the development of their personalities.

To provide effective and necessary actions for securing remedies in the event of
a violation of rights.

The most significant feature of the Act is that it establishes the National Human
Rights Commission, State Human Rights Commissions, and Human Rights
Courts to prevent and prosecute serious human rights violations.

Definition of Human Rights

Section 2(d) of the Act defines human rights as individual rights to life, liberty,
equality, and dignity guaranteed by the Constitution or recognized in international
covenants and enforceable by Indian courts.

NHRC
The National Human Rights Commission (NHRC) established in 1993, is an
independent statutory body as per the provisions of the Protection of Human Rights
Act of 1993 which was amended in 2006.

Human Rights 26
 Human Rights are an indispensable part of society and Human Rights in India are
watched by NHRC.

NHRC acts as a watchdog of human rights in the country.

NHRC looks over the rights that are related to life, dignity, liberty and equality of
the individual that is defined in Section 2(1) of the PHR Act.

They are guaranteed by the Constitution of India, embodied in the international

covenants and are enforceable by the courts of India as well.

NHRC was established in compliance with the Paris Principles of Human Rights,
1991 which were adopted for the promotion and protection of Human Rights and
were endorsed by the United Nations at its General Assembly of 1993

Composition of the Commission

Section 3(2), (3) & (4) of the Act provides for the composition of the Commission

Appointment of NHRC Members [Section 4]

Section 4 deals with the appointment of the Chairperson and other members. As
per this section, a selection committee will recommend the candidates to the

Human Rights 27
 President.

The Selection Committee includes:

Prime Minister (Chairman)

Speaker of the Lok Sabha

Union Home Minister

Deputy Chairman of the Rajya Sabha

Leaders of the Opposition in both Houses of Parliament

This section further provides that a sitting Supreme Court Judge or Chief Justice
can not be appointed without consultation with the Chief Justice of India.

Functions and powers of the Commission

As per Section 12 of the Act, the functions and powers of the National Human Rights
Commission are as follows:

NHRC can investigate any complaints related to violations of Human Rights or

negligence in the prevention of such violations by a public servant; either suo-
moto or after receiving a petition.

NHRC can interfere in any judicial process involving any allegation of human
rights violation.

It has the authority to visit any prison or institute under the control of the state
governments to observe the living conditions of inmates. It can also make
recommendations to the authorities based on its observations.

NHRC can examine the articles of the Constitution that protect human rights and
make recommendations for punitive measures.

Examine the causes that obstruct the enjoyment of human rights, including acts
of terrorism, and make recommendations for proper remedies.

Study human rights treaties and other international instruments and make
suggestions for their effective implementation.

The Committee undertakes and promotes research in the field of human rights.

Human Rights 28
 Human Rights Literacy and awareness of the safeguards available for the
protection of these rights are promoted by NHRC in various sectors of society
through different media, seminars, publications, etc.

Encourage non-governmental organizations and institutions that work in the

field of human rights;

The National Commission for Human Rights may perform any other function that
it considers necessary for the promotion of human rights.

Section 13 of the Act provides that the NHRC while investigating complaints under
this Act, has all of the powers of a civil court trying a case under the Code of Civil
Procedure.

Powers of a civil court in the investigation and inquiry into complaints of

human rights violations: The Commission, when investigating complaints, has
the same powers as a Civil Court hearing a case under the Code of Civil
Procedure, 1908. These powers include the ability to:

Summon and enforce the attendance of witnesses and examine them on

oath.

Discovery and production of any document.

Receiving evidence on affidavits.

Requisitioning any public record or copy thereof from any Court or office.

Issuing commissions for the examination of witnesses or documents.

According to Section 14, the Commission is authorized to employ any officer or

intelligence agency of the Central Government or any State Government to conduct
an investigation related to the inquiry.

Section 20 provides that the Commission is obliged to submit an annual report as

well as special reports to the Central Government and state governments.

Human Rights 29
 In Paramjit Kaur v. State of Punjab(1999), the Supreme Court of India laid down
some guidelines and rules regarding the functions and powers of the Commission.
Details of the case are as follows.

Held
The Supreme Court, in the exercise of its jurisdiction under Article 32 of the
Constitution of India, entrusted the National Human Rights Commission to deal with
certain matters in the manner indicated in the course of its order. All authorities in
the country are bound by the directions of the Supreme Court and have to act in aid
of the Supreme Court. The National Human Rights Commission is no exception. The
Commission would function pursuant to the directions issued by the Supreme Court
and not under the Act under which it is constituted. In deciding the matters referred
to it by the Supreme Court, the National Human Rights Commission is given a free
hand and is not circumscribed by any conditions.

State Human Rights Commissions (SHRC)

Chapter V, Sections 21–29, contains the provisions regarding the constitution,
composition, and functioning of the SHRC.

State Human Rights Commissions are statutory, non-constitutional bodies (at the
state level) involved in protecting human rights and examining violations that
occur within their respective states, just like what the National Human Rights
Commission does at the national level.

West Bengal was the first state in India to constitute a State Human Rights
Commission, It was established on 31st January 1995. Now, As per the
official information, 26 states have constituted the State Human Rights
Commission.

The Central Government may delegate the functions related to Human Rights to
the State Human Rights Commissions, excluding the Union Territory of Delhi. For
New Delhi, such functions are overseen by the National Human Rights
Commission.

Human Rights 30
 The Commission has the authority to regulate its own procedure. It possesses all the
powers of a civil court, and its proceedings have a judicial character. It may call for
information or report from the state government or any other authority subordinate
to it. The Commission is not allowed to inquire into any matter after one year from
the date on which the act constituting violation of human rights is alleged to have
been committed. In other words, it can look into a matter within one year of its
occurrence. Upon completion of an inquiry, the Commission may take any of the
following steps:

It may recommend the state government or authority to make payment of

compensation or damages to the victim.

It may recommend to the state government or authority the initiation of

proceedings for prosecution or any other action against the guilty party.

It may recommend the state government or authority for the grant of immediate
interim relief to the victim.

It may approach the Supreme Court or state high court for the necessary
direction, order or writs.

The Commission submits its annual or special reports to the state government.
These reports are laid before the state legislature, along with a memorandum of
action taken on the recommendations of the Commission and the reasons for non-
acceptance of any of such recommendations. Human Rights Courts The Protection
of Human Rights Act (1993) also provides for the establishment of a Human Rights
Court in every district for the speedy trial of violation of human rights. These courts
can be set up by the state government only with the concurrence of the Chief
Justice of the High Court of that state. For every Human Rights Court, the state
government specifies a public prosecutor or appoints an advocate (who has
practiced as a special prosecutor).

Human Rights Courts

The Protection of Human Rights Act (1993) also provides for the establishment of a
Human Rights Court in every district for the speedy trial of violation of human rights.
These courts can be set up by the state government only with the occurrence of the
Chief Justice of the High Court of that state. For every Human Rights Court, the

Human Rights 31
 state government specifies a public prosecutor or appoints an advocate (who has
practiced as a special prosecutor).

National Commission for Women

The National Commission for Women was formed to establish an equal and just
livelihood for women by making legal and constitutional amendments for women
in India. Violence against Women is a fundamental violation of human rights,
across nations, societies, cultures and classes and to stop this violation of this
fundamental right; this Commission was formed.

The National Commission for Women was set up in 1992 under the National
Commission for Women Act, 1990. This body was established to review the
constitutional and legal safeguards for women.

It recommends remedial legislative measures, facilitates the redressal of

grievances and advises the government on all policy matters affecting women. It
enjoys all the powers of a civil court.

Functions of National Commission for Women

Inquiry and Investigation

The National Commission of Women enjoys the powers of a civil court. It

investigates and examines the matters related to the safeguards ensured for
feminine society under the Constitution of India. It takes complaints suo
moto notice of issues related to the non-implementation of laws and non-
enforcement of laws and non-compliance of policy decisions, guidelines
enacted and aimed at mitigating hardships ensuring the welfare and then
takes up issues arising out of matter with the concerned authorities.

Action Research

NCW members participate in the planning process of the socio-economic

development of women, propose measures to encourage their
representation in all spheres and review their advancement. It also examines
the safeguards provided for women in the Constitution and other laws study
their working, recommends amendments to meet any inadequacies or
deficiencies, and advocates measures for effective implementation.

Human Rights 32
 Legal Intervention

The Parivarik Mahila Lok Adalat, (PMLA) is an innovative component with its
roots in the traditional Nyaya Panchayats. It is created by NCW for the
redressal and speedy disposal of cases. It has taken up 7500 cases so far.
The essential feature of PMLA is cordial mutual settlement and flexibility in
implementation, aiming to empower women in the justice delivery
mechanism.

As per Section 10 of the National Commission for Women Act, 1990, The
commission shall perform all or any of the following functions:

1. Presentation of Reports: Table reports to the Central Government, every year

and at such other times as the Commission may deem fit, reports upon the
working of those safeguards

2. Recommendations: Make such reports and recommendations for the effective

accomplishment of those safeguards for enhancing the conditions of the women
by the Union or any State.

3. Review, every now and then, the current provisions of the Constitution and other
laws distressing women and prescribe alterations and suggest curative
legislative measures to meet any break, inadequacies, and incapacity in such
legislation.

4. Cases of Violation: Take up cases of infringement of the provisions of the

Constitution and of other laws relating to women with the relevant authorities

5. Suo Moto Notice: It looks into complaints, and takes Suo Motto notice of matters
relating to – the deprivation of women’s rights, non-implementation of the laws,
and non-compliance of policy decisions guaranteeing the welfare of women’s
society.

National Commission for Minorities

The National Commission for Minorities (NCM) is an autonomous body established
by the Indian government in 1992 under the National Commission for Minorities
Act, 1992.

Human Rights 33
 The setting up of the Commission was envisaged in the Ministry of Home
Affairs Resolution of 1978 for the enforcement and implementation of all the
safeguards provided for the Minorities in the Constitution.

It is responsible for advising the central and state governments on matters

related to the welfare and development of minority communities in India.

Initially, five religious

communities, Muslims, Christians, Sikhs, Buddhists, and Zoroastrians (Parsis),
were notified as minority communities by the Union Government.

Further, with the 2014 notification, Jains were also notified as another minority
community.

As per Section 9 of the NCM Act, 1992, the Commission is required to perform the
following functions:

Evaluation of the progress of the development of minorities under the Union and
States.

Monitoring of the working of the safeguards for minorities provided in the

Constitution and in laws enacted by Parliament and the State Legislatures.

Making recommendations for the effective implementation of safeguards for

the protection of the interests of minorities by the Central Government or the
State Governments.

Looking into specific complaints regarding deprivation of rights and safeguards

of minorities and taking up such matters with the appropriate authorities.

Conducting studies, research, and analysis on the issues relating to the socio-
economic and educational development of minorities.

Suggest appropriate measures in respect of any minority to be undertaken by

the Central Government or the State Governments.

Making periodical or special reports to the Central Government or any matter

pertaining to minorities and, in particular, the difficulties confronted by them.

Human Rights 34
 National Commission for Scheduled Castes
The National Commission for Scheduled Castes (NCSC) 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.

Initially, the constitution provided for the appointment of a Special Officer under
Article 338.

This special officer was designated as the Commissioner for Scheduled Castes
and Scheduled Tribes.

In 1987, the government, upon pressure from various Members of Parliament,

decided to form a multi-member commission for the welfare of the SCs and STs
instead of a one-member commission.

The 65th Amendment to the constitution replaced the one-member system with
a multi-member National Commission for Scheduled Castes and Scheduled
Tribes. The Constitution (65th Amendment) Act 1990, amended Article 338 of
the Constitution. The newly formed National Commission for Scheduled Castes
and Scheduled Tribes consisted of 5 members apart from the Chairman and
Vice-Chairman of the Commission.

The 89th Amendment in 2003 replaced this Commission with the following with
effect from 2004:

National Commission for Scheduled Castes

National Commission for Scheduled Tribes

Functions of the National Commission for Scheduled Castes

The functions of the National Commission for Scheduled Castes are provided
hereunder;

1. The National Commission for SCs has been vested with the responsibility of
conducting investigation and looking after matters in association with the legal
rights of the Scheduled Castes.

Human Rights 35
 2. The NCSC advises and plans a process in which socio-economic development
can be achieved at both Central, and state levels, thereby taking into account
the deprivation aspects in relation to the Scheduled Castes community.

3. The NCSC inquires into complaints that are brought before it concerning the
absence of application of the rights, safeguard measures that have been
guaranteed by the Indian Constitution to this community.

4. As it is the President who decides the appointment, term, and other related
things concerning the designated individuals of the Commission, it is the
responsibility of the Commission to submit annual reports on work progress,
and fulfillment of the duties vested to the President. This helps in growth and
increases the efficiency of the Commission.

5. The Commission is vested with the responsibility of recommending measures

that if implemented will help in assuring the application of the legal measures
that have been provided to safeguard the welfare, social, and economic
development of the Scheduled Castes.

6. Along with all the above functions, the Commission has to discharge all such
functions which revolve around welfare development, safeguarding culture,
traditions, and other related subject matters concerning the Schedule Castes.

National Commission for STs

Formed by Article 338A of the Indian Constitution, the National Commission for
Scheduled Tribes (NCST) was constituted on 19th February 2004. It is necessary to
note that Scheduled Castes are different from the Scheduled Tribes in terms of their
culture, tradition, and other background elements, because of which, special
attention was called for resulting in the formation of a constitutional body that will
specifically focus on the Scheduled Tribes community of India.

Functions same as NCSC

Along with these functions, there are certain measures that are to be adopted by the
Commission in respect to ownership rights of the tribes in association with forest
areas;

Human Rights 36
 1. The Commission must ensure that certain measures need to be taken to protect
the rights of the Scheduled Tribes with regard to natural resources.

2. For the tribal groups who have been displaced due to unavoidable
circumstances, then it is the responsibility of the Commission to take steps to
improve the standards of living for them thereby facilitating them with minimum
necessities for living.

3. Prevention of alienation of the tribal groups, and those who have already been
alienated is the sole responsibility of the Commission, and therefore, measures
should be adopted to ensure the same.

4. The Commission should be in charge of protecting the forests by means of

undertaking social afforestation and involving the tribal communities to take an
active part in the same for better functioning of the social, and environmental
policies undertaken.

ROLE OF CIVIL SOCIETIES AND MEDIA

In today’s complex and interconnected world, civil societies and media have
emerged as influential forces, shaping societies, influencing policies, and
empowering citizens. As the guardians of democracy, they play vital roles in
ensuring transparency, accountability, and social progress.

Civil Societies

Civil societies encompass a diverse range of organizations, including non-

governmental organizations (NGOs), community groups, advocacy
organizations, and grassroots movements. Their primary objective is to address
societal issues, protect human rights, and advocate for the needs and interests
of citizens. Through their collective efforts, civil societies bridge the gap
between the state and citizens, ensuring that the voices of the marginalized and
underrepresented are heard

One of the key role’s civil societies fulfil is that of monitoring and holding the
government accountable. They act as watchdogs, scrutinizing policies and
actions, and bringing attention to instances of corruption, human rights abuses,

Human Rights 37
 or misuse of power. By conducting independent research, investigations, and
publicizing their findings, civil societies expose wrongdoing and initiate public
discourse, compelling the government to take corrective action

Moreover, civil societies often serve as a platform for citizen engagement,

providing spaces for individuals to voice their concerns, ideas, and aspirations.
By organizing protests, demonstrations, and public forums, they create
opportunities for collective action and mobilize citizens around common causes.
This collective strength can lead to policy changes, social reforms, and the
protection of individual rights.

ROLE OF MEDIA

Media, on the other hand, plays a pivotal role in informing and educating the
public. In the digital age, media encompasses traditional outlets such as
newspapers, television, and radio, as well as online platforms, social media, and
citizen journalism. The media serves as a watchdog of democracy, serving the
public interest by disseminating accurate information, facilitating public debate,
and providing a platform for diverse voices.

A free and independent media acts as a bridge between the government and
citizens, ensuring transparency and accountability. It acts as a fourth pillar,
checking the powers of the executive, legislature, and judiciary, and exposing
any wrongdoing or abuse of authority. Investigative journalism, in particular,
plays a vital role in uncovering corruption, exposing systemic failures, and
promoting justice.

Additionally, media acts as a catalyst for social change by raising awareness

about important issues and galvanizing public opinion. By reporting on social
injustices, environmental challenges, human rights abuses, and other critical
matters, media can mobilize public sentiment and spur collective action. It helps
shape public discourse, holding power to account and amplifying marginalized
voices.

RELATION BETWEEN CIVIL SOCIETY AND MEDIA

The interplay between civil societies and media is a powerful force that propels
societal transformation. Civil societies supply media with valuable insights, first-

Human Rights 38
 hand information, and grassroots perspectives, enabling them to effectively
report on social issues and challenges. Media, in turn, acts as a catalyst,
amplifying the voices of civil societies, raising awareness, and mobilizing public
sentiment.

The collaboration between civil societies and media generates a virtuous cycle
of citizen empowerment. By highlighting societal concerns and advocating for
change, civil societies provide media with compelling stories that resonate with
the public. Media coverage then galvanizes public opinion, mobilizes support,
and prompts citizens to engage in dialogue, activism, and policy advocacy. This
synergy creates a space for constructive discourse and paves the way for
meaningful societal progress.

In an era marked by rapid technological advancements and a complex global

landscape, the role of civil societies and media has never been more crucial.
They serve as beacons of hope, empowering citizens, exposing injustice, and
fostering social cohesion. By upholding the principles of transparency,
accountability, and citizen engagement, civil societies and media contribute to
the building of strong democratic foundations.

The collaboration between these two entities serves as a cornerstone of a

vibrant democracy, ensuring that diverse perspectives are heard, public
discourse is enriched, and the rights of citizens are protected.

DARKER SIDE OF CIVIL SOCIETY AND MEDIA

Biased Reporting and Sensationalism

Overstepping Boundaries and Advocacy Bias

Inaccurate or Incomplete Reporting

Manipulation of Public Opinion

Lack of Accountability

Collective Rights/Group Rights

Human Rights 39
 The concept of collective rights emerged because individual human rights do
not guarantee adequate protection for indigenous peoples and other minorities
exhibiting collective characteristics. These groups face various threats to their
livelihoods, to their environments, to their health and to their security, and their
very survival may depend upon the recognition and protection of their collective
rights.

Collective rights guarantee the development and preservation of ethnic

minorities’ cultural identities and forms of organizations. A few existing legal
instruments recognize these rights, including Article 169 of the International
Labour Organization and the political constitutions of several nations including
Colombia, Bolivia and Ecuador.

A group right is a right possessed by a group qua group rather than by its
members severally. It contrasts with a right held by an individual person as an
individual. An example of a commonly asserted group right is the right of a
nation or a people to be self-determining. If there is such a right, it is a right
possessed and exercised by a nation or a people as a group. It will not be
reducible to the individually-held rights to individual self-determination of those
who belong to the relevant nation or people.

Other rights that have often been asserted as group rights include the right of a
cultural group that its culture should be respected and perhaps protected; the
right of a linguistic group that its language should be usable and provided for in
the public domain; and the right of a religious group that it should be free to
engage in collective expressions of its faith. Groups rights are also claimed for
organized groups such as commercial corporations, churches, political parties,
universities and charitable associations. In each of these cases, the right is a
right held by the group qua group, and duties generated by the right will be
duties owed to the group.

Disabled
The Rights of Persons with Disabilities (RPwD) Act was enacted in the year 2016
and came into force from 19th April, 2017. It replaced the Persons with
Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,
1995.

Human Rights 40
 The objective of the RPwD Act is to ensure that all persons with disabilities can
lead their lives with dignity, without discrimination and with equal opportunities.
The Act lays down specific provisions to uphold such rights. It incorporates the
rights of persons with disabilities covered under the United Nations Convention
on the Rights of Persons with Disabilities (UNCRPD), to which India is a
signatory.

Section 2(s) of the Act defines “person with disability” as a person who suffers
from long-term mental, physical, sensory or intellectual impairment which, in
collaboration with barriers, affects his effective participation in society.

The Preamble of the Act provides that it is aimed at protecting disabled people
from all sorts of discrimination. The Act seeks to ensure the full social, political,
and economic participation of disabled people.

This Act promotes inclusive education and provides employment safeguards for
disabled people. Thus, it aims at empowering disabled people through inclusive
growth and active societal participation.

The 2016 Act also incorporates penal provisions for non-compliance under
which violation of any provision of the Act is punishable with a fine of Rs 10,000.
and subsequent violationsn could attract a fine of Rs 50,000 to Rs 5 lakh

The 2016 act, in contract with the Convention on the Rights of Persons with
Disabilities 2006 adopted by UN General Assembly, lays down the following
principles for the empowerment of persons with disabilities:

respect for inherent dignity, individual autonomy including the freedom to make
one’s
own choices, and independence of persons;

non-discrimination

full and effective participation and inclusion in society

respect for difference and acceptance of persons with disabilities as part of

human diversity and humanity.

equality of opportunity.

accessibility.

Human Rights 41
 equality between men and women.

respect for the evolving capacities of children with disabilities and respect for
the right of children with disabilities to preserve their identities.

SOME RIGHTS GUARANTEED UNDER THE RPwD ACT

1. Persons with disabilities have the right to equality, dignity and respect for
integrity:

Section 3(1) of the RPwD Act requires the appropriate government to ensure that
persons with disabilities enjoy the right to equality, life with dignity and respect for
his or her integrity equally with others.

2. The Act ensures the rights of women and children with disabilities:

Section 4 states that the appropriate government and local authorities shall take
measures to ensure that women and children with disabilities enjoy their rights
equally with others

3. Persons with disabilities have the right to live in the community.

Section 5(2) of the Act states that appropriate government shall endeavour that
persons with disabilities are not forced to live in any particular living arrangement
and are given access to a range of in house, residential and other community
support services, including personal assistance necessary to support living with due
regard to age and gender.

4. The Act provides protection to persons with disabilities from being subjected
to torture, cruel, inhuman or degrading treatment:

Section 6 of the Act requires the government to take measures to prevent torture,
cruel, inhuman or degrading treatment and ensure that no person with disability
shall be a subject of any research without his or her free and informed consent.

5. The Act ensures protection of persons with disabilities from abuse, violence
and exploitation:

Section 7 of the Act states that victims of violence, abuse or exploitation shall be
rescued, protected and rehabilitated. The government is also obligated to create
awareness about the provisions and make it available to the public.

Human Rights 42
 Convention on the Rights of Persons with Disabilities

The Convention on the Rights of Persons with Disabilities is an international

human rights treaty of the United Nations intended to protect the rights
and dignity of persons with disabilities. Parties to the convention are required to
promote, protect, and ensure the full enjoyment of human rights by persons with
disabilities and ensure that persons with disabilities enjoy full equality under the
law.

The preamble is followed by 50 articles. Unlike many UN covenants and

conventions, it is not formally divided into parts.

Article 1 defines the purpose of the convention:

to promote, protect and ensure the full and equal enjoyment of all human rights and
fundamental freedoms by all persons with disabilities, and to promote respect for
their inherent dignity

Article 2 provides definitions of some keywords in CRPD

provisions: communication, (including Braille, sign language, plain
language and nonverbal communication), discrimination on the basis of disability,
reasonable accommodation and universal design.

Articles 5–32 define the rights of persons with disabilities and the obligations of
states parties towards them. Many of these mirror rights affirmed in other UN
conventions such as the International Covenant on Civil and Political
Rights, International Covenant on Economic, Social and Cultural Rights and
the Convention Against Torture, but with specific obligations ensuring that they can
be fully realized by persons with disabilities.

Prisoners
A prisoner is anyone who is confined in a prison under the authority of a
competent body. In simpler terms, a prisoner is a person held in jail or prison
because they have committed an act prohibited by the law of the country

The Constitution of India ensures that every person is treated equally under the
law or provided with equal legal protection while in India. This also applies to
prisoners, who are guaranteed certain rights and should be treated as
individuals. Indian courts, including the Supreme Court, acknowledge the
fundamental rights of prisoners in India.

Human Rights 43
 In the case of State of A.P. Vs. Challa Ramkrishna Reddy & Ors. (2000) 5 SCC
712, the Supreme Court ruled that prisoners retain all their fundamental rights
unless their liberty has been constitutionally restricted.

Rights of Prisoners in India under the Prisons Act, 1894

Right to Adequate Accommodation (Section 4)

Prisoners have the right to receive accommodation that complies with the standards
set forth in the Prisons Act of 1894. The Model Prison Manual of 2016 also
emphasises that living conditions in every prison should uphold human dignity,
covering aspects such as accommodation, hygiene, sanitation, food, clothing and
medical facilities.

Right to Shelter and Safe Custody for Excess Prisoners (Section 7)

If any prison becomes overcrowded and it’s impractical to transfer the excess
number of prisoners to other facilities, temporary prisons should be arranged to
provide shelter and safe custody. This is especially crucial during outbreaks of
epidemic diseases within a prison.

Separation of Prisoners (Section 27)

In a prison housing both female and male prisoners, females must be placed in
separate buildings or distinct sections of the same building. This arrangement is
designed to prevent them from seeing, conversing with or having any interaction
with male prisoners.
Employment of Criminal Prisoners (Section 35)

Prisoners sentenced to rigorous imprisonment may engage in manual labour for

more than nine hours in emergencies with written approval from the Superintendent.

Rights of the Prisoners in India under the Constitution

Article 14 of the Constitution
Prisoners are entitled to basic human rights, including access to nutritious food, just
like any other citizen. Article 14 of the Constitution guarantees equality before the
law and the equal protection of the law, ensuring that all individuals should be
treated equally.

Human Rights 44
 Article 21 of the Constitution
Article 21 of the Indian Constitution is a fundamental right that plays a pivotal role in
protecting individual rights. It states that “no person shall be deprived of his life or
personal liberty except according to the procedure established by law.” This article
encompasses two fundamental aspects of rights:

Right to Life: Article 21 guarantees every person’s right to life, which is a

fundamental and inherent human right. It protects individuals from arbitrary
actions or decisions that could result in the loss of life. This right implies not only
the right to physical existence but also the right to live with human dignity. It
restricts the state’s power to take life except in accordance with a lawful and just
process.

Right to Personal Liberty: Article 21 also safeguards an individual’s right to

personal liberty. It ensures that a person’s freedom and physical autonomy
cannot be arbitrarily curtailed by the state or any other authority. This includes
protection against unlawful arrest, detention or imprisonment. Personal liberty is
a fundamental aspect of a person’s freedom and dignity and Article 21 ensures
its preservation.

Article 19 of the Constitution

Article 19 of the Constitution provides various freedoms for citizens ,however,
prisoners can exercise only two of these freedoms:

The right to freedom of speech and expression (Article 19(1)(a))

The right to become a member of an association (Article 19(1)(c)).

These rights ensure that prisoners are not deprived of their basic freedoms and
legal protections, even while serving their sentences.

Landmark cases
Right to Free Legal Aid

In the case of M.H. Wadanrao Haskot Vs. State of Maharashtra, the Supreme Court
established that the right to legal aid is an integral part of a fair procedure.

Right to Speedy Trial

Human Rights 45
 In the case of Hussainara Khatoon v. State of Bihar, the Supreme Court highlighted
the shocking situation where a significant number of individuals, including children,
were incarcerated for extended periods while awaiting trial. The court expressed
concern about the delay in trial, especially for those who could not afford bail.

Right Against Custodial Violence and Death in Police Lock-ups or Encounters

In the case of Sunil Batra v. Delhi Administration, a convict, Sunil Batra, reported
violence in prison to the Supreme Court. The court held that prisoners should be
protected from corporal punishment and violence. Solitary confinement was
considered by SC and held that it shall be done in exceptional cases where prisoner
is of violent nature

Prisoner Rights in International Law

The United Nations laid down certain minimum requirements for the treatment of
the prisoners. It offers rules stating proper food, good hygiene, bedding, medical
facilities for the prisoners. Article 3 of the Universal Declaration clearly point out
that the right to life must be available to both prisoner and freeman in the
society. International Covenant on Civil and Political Rights looks into the same
matter and Art. 10 states that no person must be deprived of his liberty and
human dignity must be taken care of. It pulls down a line between pretrial and
post-trial accused persons. The basic aim of these treaties and conventions is
that no prison must suffer inhuman torture or a degrading treatment.

Geneva Convention for Prisoner of Wars

The convention is very exhaustive and deals with every kind of situation that
may arise for a captive and captor, including the place of internment, religious
needs, recreation, financial resources, the kinds of work that captors can make
PoWs do, the treatment of captured officers, and the repatriation of prisoners.

Any unlawful act or omission by the Detaining Power causing death or seriously
endangering the health of a prisoner of war in its custody is prohibited and will
be regarded as a serious breach of the present Convention.

The Geneva Conventions have a system of “Protecting Powers” who ensure

that the provisions of the conventions are being followed by the parties in a

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 conflict. In theory, each side must designate states that are not the party to the
conflict as their “Protecting Powers”. In practice, the International Committee of
the Red Cross (ICRC) usually plays this role.

Rights of Indigenous Persons

Indigenous people are distinct from the prevalent society and have their own
social, cultural, economic, political standing and characteristics. They are
considered the people who were first occupiers of land, geographical area or a
country i.e. before colonization, conquest, migration etc and hence are living
since. Scheduled Tribes or commonly known as “Adivasis” are the Indigenous
people who constitute 8.2% of the Indian population.

The Constitution of India seeks to protect tribal interests, especially their

autonomy and rights over their land.(Schedule 5 & 6 of the Indian Constitution)
.It provides a comprehensive scheme with directions to protect the indigenous
groups from exploitation and to secure their rights over their land. Most of the
indigenous groups in India are collectively referred to as Scheduled
Tribes(Article 342 (1&2), Indian Constitution) and are guaranteed a right to
self-determination under the Indian Constitution.((Part X, Indian Constitution)

As per Part IV of the Indian Constitution which, the State is obligatory to put
into force the International Treaties Indian Government has signed, the Directive
Principle of State Policy also includes taking special care in promoting the
educational and economic interest of weaker section specially the Scheduled
Tribes and Scheduled Castes.

The Indian Constitution also provides for special Land rights and self
governance applicable in high density Indigenous people area.

The Part III which enshrines the soul of Constitution i.e. The Fundamental Rights
provided for the Right to Equality and equal protection before law with no
discrimination on the basis of caste, sex, religion, race, place of birth etc. it also
provides for making special provisions for the advancement of any socially or
educationally backward class which includes Scheduled Tribes and to abolish
Untouchability

Human Rights 47
 Article 46 provides for promotion of weaker section of society by promoting
educational economic interest, especially uplifting Scheduled Tribes and Scheduled
Castes.

Article 164(1) gives states the authority to establish special ministry for scheduled
tribes and scheduled castes.

Article 243, 330 and 334 tells us the guidelines for reservation of seats for
Schedule Tribes and Schedule Caste in House of People and Panchayats.

Article 244 deals with administration of Tribal Areas.

The Untouchability (Offences) Act, 1995 prescribes for the punishment of

practice of untouchability and any disability arising thereof.

The Scheduled Tribes and Scheduled Castes (Prevention of Atrocities) Act,

1985 protects the tribal people from various discrimination faced from influential
of the society and to also eradicate thee inhumane torture to Indigenous people.

The Scheduled Tribes Bonded Labor Abolition Act, 1976 to protect tribal people
from exploitation by the boss as they provide minimum to no wage to the
schedule tribes for all the hard work they do.

The Forest Conservation Act, 1980 provides that the use of forest land for
industrial purpose is prohibitory if tribal are already inhibited and have the
authority on the land as forest is home to Indigenous people.

UN Declaration on the Rights of Indigenous Peoples

After several years of negotiation, including active participation by indigenous
peoples, the UN General Assembly adopted the Declaration on the Rights of
Indigenous People in September 2007. The Declaration protects indigenous
peoples’ rights to their collective biocultural heritage as a whole, including
traditional knowledge and resources, territories, and cultural and spiritual values
and customary laws.

The UNDRIP contains a number of provisions that communities can use to

strengthen their rights and biocultural heritage:

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 Territorial rights: Article 26 states that indigenous peoples have the right to the
lands, territories and resources which they have traditionally owned, occupied
or otherwise used. They have the right to own, use, develop and control these.
States shall give legal recognition and protection to these lands, territories and
resources.

Bio-cultural rights: Indigenous peoples have the right to practice and revitalize
their cultural traditions and customs (Article 11). “Indigenous peoples have the
right to maintain, control, protect and develop their cultural heritage, traditional
knowledge and traditional cultural expressions, as well as… genetic resources,
seeds, medicines, knowledge of the properties of flora and fauna…” (Article 31).

Spiritual rights: Indigenous peoples have the right to manifest, practice, develop
and teach their spiritual and religious traditions (Article 12). Indigenous peoples
have the right to maintain and strengthen their distinctive spiritual relationship
with their traditionally owned or occupied and used lands, territories, waters and
coastal seas and other resources (Article 25)

Decision-making rights: Indigenous peoples have the right to participate in

decision-making in matters which would affect their rights (Art. 18)

Women
India’s Constitution is a comprehensive document that embodies the hopes and
aspirations of its citizens, outlining the framework for governance and the
fundamental rights and duties of its people. Among its many provisions, the
Constitution of India has laid down a robust framework aimed at ensuring gender
equality and empowering women.

Constitutional provisions for women in India are a series of safeguards embedded

within the Indian Constitution aimed at ensuring gender equality and empowering
women across various facets of life. These provisions are designed to protect
women against discrimination, promote their well-being and ensure their equal
participation in the political, economic and social spheres.

Preamble of the Constitution

Human Rights 49
 Under the Constitutional law, women have equal rights as men so as to enable them
to take part effectively in the administrative of the country.

Equality before law

Article 14 embodies the general principles of equality before law and equal
protection of laws.

Prohibition from discrimination on grounds of religion, race, caste, sex or place of

birth

Article 15(1) and (2)prohibits the state from discriminating against any citizen
only on the basis of any one or more of the aspects such as religion, race, caste,
sex, place of birth or any of them.

Article 15(3) makes it possible for the state to create special provisions for
protecting the interests of women and children.

Article 15(4) capacitates the State to create special arrangements for promoting
interests and welfare of socially and educationally backward classes of society.

Equality of Opportunity

Article 16 provides for equality of opportunity for all citizens in matters relating
to employment or appointment to any office under the State.

Article 39 requires the State to direct its policy towards securing for men and
women equally the right to an adequate means of livelihood [Article 39(a)]:, and
equal pay for equal work for both men and women [Article 39(d)].

Article 39A directs the State to promote justice, on the basis of equal
opportunity and to promote free legal aid by suitable legislation or scheme or in
any other way to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.

Humane Conditions at Work

Article 42 directs the State to make provision for securing justice and humane
conditions of work and for maternity relief.
Fundamental Duty

Article 51A (e)enjoins upon every citizen to renounce practices derogatory to the
dignity of women.

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 Reservation of seats for Women in Panchayats and Municipalities

Article 243 D (3) and Article 243 T(3) provide for reservation of not less than one
third of total number of seats in Panchayats and Municipalities for women to be
allotted by rotation to different Constituencies.
Article 243 D(4) T(4) provides that not less than one third of the total number of
officers of chairperson in the Panchayat and Municipalities at each level to be
reserved for women.

The Protection of Women from Domestic Violence Act, 2005

Protection of Women from DVA, 2005 is one of the key Acts and laws for women in
India meant for protecting women who are oppressed by domestic violence. The law
provides for strict legal actions against husbands that harass, abuse and maltreat
women in their own houses. The law strives to provide protection orders, residence
orders, as well as monetary relief, which is meant to secure their safety and general
wellbeing.

The Dowry Prohibition Act, 1961

The main intention of the Act was to stop the menace of dowry in India. It
completely prohibited the giving and taking of dowry. It also aims to protect woman
who want to get married but aren’t able to because of frivolous dowry demands
from the prospective groom’s side

The Sexual Harassment of Women at Workplace (Prevention, Prohibition, and

Redressal) Act, 2013
It deals with sexual harassment of women at the work place. It provides a legal basis
that will help curb any such harassments and protects women, hence creating a
safe and fair working atmosphere free from sexual harassment of women and their
abuse. The Act mandates establishing of internal committees and POSH Policy for
addressing complaints and prompt redressing of the cases.

International Law
CEDAW

Human Rights 51
 The United Nations (UN) Convention on the Elimination of Discrimination
against Women (CEDAW) is the most comprehensive treaty on the rights of
women. It condemns any form of discrimination against women and reaffirms
the importance of guaranteeing equal political, economic, social, cultural and
civil rights to women and men

It permits States to take temporary special measures to accelerate the

achievement of equality in practice between men and women (Article 4), and to
take actions to modify social and cultural patterns that perpetuate discrimination
(Article 5). States parties agree that contracts and other private instruments that
restrict the legal capacity of women “shall be deemed null and void” (Article 15).
The Convention also addresses the need for equal access to education (Article
10).

CEDAW requires States to take appropriate measures to eliminate discrimination

in matters relating to marriage and family and underlines the equal
responsibilities of men and women in the context of family life (Article 16). The
Convention also emphasizes the need for childcare facilities and other social
services to help women satisfy family obligations along with work
responsibilities and participation in public life (Article 11).

CEDAW calls for non-discriminatory health services for women, including family
planning services (Article 12). Special attention is given to the problems faced
by rural women (Article 14), sexual trafficking of women, and other sexual
exploitation of women (Article 6).

Alongside these developments, the work of the Committee on the Elimination of

Discrimination against Women, which had commenced its work under the
CEDAW Convention in 1982 also made a significant change.

International Labor Organization Convention No. 190 on Violence and Harassment

International convention adopted in June 2019, aimed at eliminating violence and
harassment at work. This convention recognizes that violence and harassment can
affect all workers, both men and women, and can take many forms, such as physical
violence, sexual harassment, gender-based harassment, psychological harassment,
etc. It sets out principles and measures to prevent, eliminate and combat workplace
violence and harassment, including the establishment of national legislation and
policies, the promotion of a culture of zero tolerance, awareness-raising and training

Human Rights 52
 for workers and employers, protection of victims and the use of appropriate
sanctions. To date, ILO Convention 190 has been ratified by 25 countries.

CSW
The Commission on the Status of Women (CSW) is the principal global
intergovernmental body exclusively dedicated to the promotion of gender equality,
the rights and the empowerment of women. A functional commission of the
Economic and Social Council (ECOSOC), it was established by ECOSOC resolution
11(II) of 21 June 1946.
The CSW is instrumental in promoting women’s and girls' rights, documenting the
reality of their lives throughout the world, and shaping global standards on gender
equality and the empowerment of women and girls.

BEJNG DECLARATON AND PLATFORM FOR ACTON

Adopted during the Fourth World Conference on Women in September 1995, the
Beijing Declaration and Platform for Action focused on 12 areas concerning the
implementation of women’s human rights and set out an agenda for women’s
empowerment.
It builds on the results of the previous three world conferences on women, but is
considered a significant achievement in explicitly articulating women’s rights as
human rights. The Platform for Action includes a series of strategic objectives to
eliminate discrimination against women and achieve equality between women and
men.

Children
India has a fairly comprehensive policy and legal framework addressing the rights
and protection of children. Here are the list of child rights in India:

The Juvenile Justice (Care and Protection) Act (2000, amended in 2015)

The Prohibition of Child Marriage Act (2006)

The Protection of Children from Sexual Offences Act (2012)

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 The Child Labour (Prohibition and Regulation) Act (1986, amended in 2016)

Indian Constitution

Right to equality (Article 14).

Right against discrimination (Article 15).

Right to personal liberty and due process of law (Article 21).

Right to being protected from being trafficked and forced into bonded labour
(Article 23).

Right of weaker sections of the people to be protected from social injustice and
all forms of exploitation (Article 46).

The Constitution of India also goes on to award certain rights to the children of India
in accordance with the United Nations Conventions on the Rights of the Child. The
National Commission for Protection of Child Rights (NCPCR) was set up in March
2007 under the Commission for Protection of Child Rights Act, 2005, an Act of
Parliament (December 2005). These rights are:

Right to free and compulsory elementary education for all children in the 6-14
year age group (Article 21 A).

Right to be protected from any hazardous employment till the age of 14 years
(Article 24).

Right to be protected from being abused and forced by economic necessity to

enter occupations unsuited to their age or strength (Article 39(e)).

Right to equal opportunities and facilities to develop in a healthy manner and in

conditions of freedom and dignity and guaranteed protection of childhood and
youth against exploitation and against moral and material abandonment (Article
39 (f)).

National Commission for the Protection of Child Rights

The Ministry has enacted the Commission for Protection of Child Rights Act (CPCR),
2005 extending over India except for the state of Jammu and Kashmir under which

Human Rights 54
 the National Commission for the protection of Child Rights is mandated to function
for the protection and promotion of child rights.
The Commission inquiry into the complaint and take sue moto notice of matters
relating to-

1. Deprivation and violation of child rights.

2. non-implementation of the laws providing for the protection and development of

children;

3. Non-compliance of policy decisions, guidelines or instructions aimed at

mitigating hardships to and ensuring the welfare of the children and provides
relief to such children.

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

The UNCRC consists of 54 articles that set out children’s rights and how
governments should work together to make them available to all children.
Under the terms of the convention, governments are required to meet children’s
basic needs and help them reach their full potential. Central to this is the
acknowledgment that every child has basic fundamental rights. These include the
right to:

Life, survival and development

Protection from violence, abuse or neglect

An education that enables children to fulfil their potential

Be raised by, or have a relationship with, their parents

Express their opinions and be listened to.

In 2000, two optional protocols were added to the UNCRC. One asks governments
to ensure children under the age of 18 are not forcibly recruited into their armed
forces. The second calls on states to prohibit child prostitution, child
pornography and the sale of children into slavery. These have now been ratified by
more than 120 states.
A third optional protocol was added in 2011. This enables children whose rights
have been violated to complain directly to the UN Committee on the Rights of the

Human Rights 55
 Child.

196 countries have signed up to the UNCRC.

All countries that sign up to the UNCRC are bound by international law to ensure it is
implemented. This is monitored by the Committee on the Rights of the Child

Refugee
India does not have any specific legislation dealing with the problem of refugees
and asylum seekers. At present, refugees were treated as par with the foreigners
and all laws applied to foreigners were also applied to them.
➔ Passport (Entry into India) Act, 1920
➔ Passport Act, 1967
➔ Registration of Foreigners Act, 1939
➔ Foreigners Act, 1946
➔ Foreigners Order, 1948

The Indian Constitution contains some provisions that apply to refugees in the
same manner as they do to Indian citizens. The Fundamental Right Article 21 of
the Indian Constitution, which protects everyone's right to life and personal
liberty, has been upheld by the Supreme Court of India on numerous occasions

Given that the United Nations High Commissioner for Refugees (UNHCR) is
crucial to the protection of refugees, the various High Courts in India have
embraced the principles of natural justice to refugee concerns

India has not yet ratified the 1951 Refugee Convention and the 1967 Protocol.
While India has a notable history of welcoming refugees from all over the world,
recent cases of discrimination and denial41 of refugee status raise concerns
about its equivocal positions on the legislation on refugee protection generally

The constitution of India also respects the life, liberty, and dignity of human beings.

The Supreme Court in the National Human Rights Commission vs. State of
Arunachal Pradesh (1996) held that “while all rights are available to citizens,

Human Rights 56
 persons including foreign citizens are entitled to the right to equality and the
right to life, among others.”

Article 21 of the Constitution encompasses the right of non-refoulment. Non-

refoulment is the principle under international law which states that a person
fleeing persecution from his own country should not be forced to return to his
own country.

Articles 22(1),22(2) and 25(1) of the Indian Constitution reflect that the rules of
natural justice in common law systems are equally applicable in India, even to
refugees. The established principle of rule of law in India is that no person,
whether a citizen or an alien shall be deprived of his life, liberty or property
without the authority of law. The Constitution of India expressly incorporates the
common law precept and the Courts have gone further to raise it to the status of
one of the basic features of the Constitution which cannot be amended.

International refugee law and Human Rights of the refugees

Internationally applying law governs the interests of forcibly displaced persons and
ensures them with proper protection and support in the foreign country. The
important legal frameworks for refugees can be studied under three main heads-

International refugee law;

International human rights law;

International humanitarian law.

1951 Convention relating to the Status of Refugees

The 1951 convention lays down the foundation for the international refugee law and
was formulated in the aftermath of World War 2. It lays down the meaning and
scope of the term “refugee”, sets out several duties of the refugees in the host
country and the responsibilities of the states towards them. It also establishes one
of the key principles to ensure that the refugees are not forced back to their home
country where there is considerable danger to their life or basic human rights.
1967 Protocol

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 The protocol aimed at removing the limitations present in the 1951 convention but
remained integrally related to the convention. It redefined the application of the term
refugees, thus overcoming the time and space-related limitations. The protocol
ensures the application of the core content of the 1951 convention to all persons
falling within the revised definition of a refugee.
1948 Universal declaration of human rights

The international refugee law does not operate in isolation and must be in
compliance with several basic rights guaranteed under the declaration of human
rights. Article 14(1) of UDHR specifically provides the right to seek and enjoy
asylum in other countries. In addition to stating the basic rights that are applicable to
all humans, including refugees, the human rights law also specifies the states
obligation to respect, protect and fulfil the rights of their citizens.
Geneva Conventions of 1949 and the Additional Protocols agreed in 1977
A major part of this law is covered in the Geneva Conventions of 1949 and
Additional Protocols of 1977. These ensure protection for those people who do not
take part in fighting or are not in a position to fight. This is applicable to a wide
range of persons from sick and wounded soldiers to civilians of the countries. This
limits the effect of the conflict on the members who are not directly involved.

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