HUMAN RIGHTS IN

INDIA
OPEN COURSE I
Offered by the Dept of Political Science for students in
other courses
UNIVERSITY OF KERALA
School of Distance Education
 Unit 1
• Human Rights – Its Basic Concepts
• Origin and Development
 Introduction
• Thoughtful men all over the world spoke of „right‟ which, men has in
common and which were inherent rights in the sense they were based on
man‟s „rational and social nature‟. The demand for rights in the seventeenth
and eighteenth centuries was a demand against the existing state and
authorities, against despotism, arbitrariness and the political disfranchisement
of those who held different opinions. The demand for rights in the
nineteenth and twentieth century‟s becomes increasingly a claim upon the
state, a demand that it provides and guarantees the means for achieving the
individual‟s happiness and well- being, his welfare.
 The Concept of Rights

• Harold. J. Laski observes: Rights are those conditions of social life without
which no man can seek, in general to be himself at his best
• According to R.G. Chaturvedi, the concept of equality is symptomatic of
those platitudinous rights which the fathers of American Independence and
those of the French Revolution have acclaimed as inalienable and
imprescriptibly rights of men, the rights which form the essence of
manhood, or the rights which cannot be dissociated from being of man
without impairing his dignity.
 Human Rights: Meaning and Definition

• Human Rights are those minimal rights, which a person has inherited by
virtue of being a member of the human family irrespective of any other
considerations, like race, color, caste, etc. It means the right to defend
yourself against any personal attack, it gives you the right to choose your
means of livelihood by legal means; it confers on you the right to enjoy
health and education, participate in the cultural life of the community. It
means having the right to freedom of practice one‟s religion without fear,
freedom of movement and residence. Even criminals and prisoners have
human rights, the right to a fair by independent and impartial tribunals.
Origin and Development of Human Rights

• The origins of human rights may be found both in Greek philosophy and
the various world religions
• Stoic thinkers postulated a cosmopolitan philosophy, guided by the principles
of equality of all men and universal application of natural law or law based
on reason. Romans applied the Stoic conception of natural law in the
formation of body of legal rules for the administration of justice
• Middle ages laid stress upon the concept of natural law as the higher
principles of law to be derived from reason
Origin and Development of Human Rights

• Magna Carta 1215

• Petition of Rights 1628
• Bill of Rights, 1689
• American Declaration of Independence 1776
• American Bill of Rights 1791
• Declaration of the Rights of Man and Citizen or French Declaration 1789
• The Russian Revolution of 1917
Origin and Development of Human Rights

• Universalization of Human Rights

• Geneva Declaration of the Rights of the Child 1924
• The International Slavery convention 1926
• Declaration of International Rights of Man 1929
 Unit 2
Universal Declaration of Human Rights (1948)
Need for Balance between Rights and Duties
2.1 Introduction
• After the the World War II, the United Nations was established in 1945 to fulfil the long cherished
aspirations of the world community for a world of peace, prosperity and happiness of all human
beings, inhabiting in any part of the world irrespective of race, region, religion, caste, creed, colour
and community.
• The United Nations has been concerned with the universal respect for, and observance of, human
rights since its inception in 1945. Its beginnings were pronounced in the UN Charter where the
phrase „human rights and fundamental freedoms‟ were repeatedly mentioned.

• The Charter also provided for the establishment of a subsidiary body under the Economic and
Social Council for the promotion and protection of human rights. That subsidiary body came to be
known as the Commission on Human Rights (now replaced by Human Rights Council). It is the
Commission that took up the task of drafting a human rights document for the possible adoption by
the General Assembly. Soon after, the Universal Declaration of Human Rights (UDHR) was
adopted in 1948, which was intended to prevent the kind of atrocities that Nazis had committed
during the Second World War. The UDHR championed almost all the fundamental rights of the
individual; it was hailed as „the Magna Carta of Mankind‟ by its chief architect, Eleanor Roosevelt.
2.2 UDHR (Universal Declaration of Human Rights)
• The Universal Declaration of Human Rights (UDHR) is a milestone document of
United Nations in the history of human rights.
• The UN Commission on Human Rights (UNCHR), established early in 1946,
submitted a draft Universal Declaration of Human Rights (UDHR) to the UN
General Assembly. The Declaration was adopted by the UN General Assembly in
Paris on 10th December 1948. This day was later designated as Human Rights
Day.

• The UDHR was not an international treaty or agreement and hence did not
impose any legal obligation. It was rather a promise made by the member states
of the United Nations to ensure „all human rights for all‟.
The rights proclaimed in the Universal Declaration can be broadly divided into two categories.
1) civil and political rights
It includes the right to life, liberty and security of person; freedom from slavery and torture;
equality before the law; protection against arbitrary arrest, detention or exile; the right to a fair trial;
the right to own property; political participation; the right to marriage; the fundamental freedoms of
conscience and religion, opinion and expression; freedom of peaceful assembly and association; and
the right to take part in the government of his/her country, directly or through freely chosen
representatives.
2) Economic, social and cultural rights
It includes, the right to work; equal pay for equal work; the right to form and join trade unions;
the right to an adequate standard of living; the right to education; and the right to participate freely in
the cultural life.
Reinforcement of UDHR
• Two decades after it adoption, the UDHR was strengthened with legal force when the International
Covenant on Civil and Political Rights (ICCPR) and the International Covenant of Economic, Social
and Cultural Rights (ICESCR) were adopted by the General Assembly of the United Nations on
December 16,1966.

• The two Covenants were a significant step towards the indivisibility of human rights which came into
force in early 1976, and by early 1978 and about 50 national became parties to them.

• The Covenant of Civil and Political Rights was reinforced with on Optional Protocol which provides
individuals with an opportunity to make complaints in case of violation of these rights.

• This resulted a global division between developed and developing nations. While the developed
nations emphasized the civil and political rights, the developing nations advocated the supremacy
of economic, social and cultural rights.
Significance of UDHR
• It stipulates the rights which are fundamental to the dignity and development of every human being.
These include economic rights such as right to wealth, political rights such as right to freedom of
association and expression, civil rights such as right to equality before the law, and social and cultural
rights such as right to education and right to participate in the cultural life of the community.

• that many concepts first enumerated in the Declaration were textually reproduced in later national and
international juridical instruments, constitutions and laws concerning civil liberties in many countries,
especially those that have gained independence since 1948.

• The Declaration has acquired a political and moral authority which is unequalled by any other
international instrument with the exception of Charter itself. No international instrument has ever
recieved the same accepatnce on all levels of society. It has been considered as one of the greatest
achievemnets of the UN. Thus the UDHR is defenitely an international Magna Carta of mankind.
Limitations to UN and UDHR

• The composition of the Security Council and the provision for the veto power in utter
contravention of the democratic norms and principles have weakened the basic
structure of the UN as the supreme body of the international community

• The post- Cold War global scenario with the collapse of the former Soviet Union and
the emergence of the uni-polar world structure. The military assault on Iraq and
Afghanistan by the United States have revealed how the American hegemony in
world politics and could dare to defy unilaterally the world opinion as well the
international mandate of peace and human rights to which America itself is a party
and signatory to UDHR and other international Covenants.

Continue..
• Several governments in Asia argue that international human rights standards are
based primarily on western concepts are incompatible with Asian societies because
they focus on individual rights.

• Likewise, some African governments claim that human rights in African societies
exist to ensure the good of society as a whole, and as such, individual rights are to
be explained and justified only by the rights of the community.

• Most of the Islamic countries have sought to justify social and legal discrimination
on women or barbaric punishment such as flogging and amputations on the ground
that their governments and social systems are based on Islamic faith and Quran. The
cumulative effect of the these challenges to the tenets of universality of human
rights or the primacy of international human rights jurisprudence is what Amnesty
International describes, “the institutionalization of human rights violations”.
Important observations on UDHR
1. There still exists a wide gap between promise and performance for the UDHR and
other instruments constituting the International Bill of Rights.
2. Despite affirmation and reaffirmations, there remain challenges and threats to the
tenets of universality of human rights as enshrined in the two Covenants (ICCPR
and ICESCR) or to the primary of international human rights jurisprudence which,
in effect, leads to “institutionalization of human rights violations”.
3. Apart from certain inherent weaknesses, the status and authority of the United
Nations appear to have been weakened further in the post – Cold War global
scenario marked by uni-polarism and American hegemony international politics.
Need for Balance between Rights and Duties
• Society calls upon the individuals to follow certain norms. These are obligations or duties. Thus a
duty is an obligation.

• As a member of society or state, the individual has to observe these obligations of society. A man is
said to have a duty in any matter when he is under an obligation to do or not do something.

• My right of living involves any duty to allow others the same condition of life. What is a right in
regards to one‟s self is a duty in regard to others.

• Right and duties are the two sides of a same coin. If one look at them from one‟s own standpoint,
they are rights; one look at them from the standpoint of others, they are duties. They are the same
conditions seen from different angles.

Continue…..
• In the absence of duties, rights become insignificant and duties are fruitless in the absence of rights. If
we have right to enjoy our rights, it is our cardinal duty to perform our duties.

• If the state guarantees the enjoyment of certain rights to us, the state at the same time wants us to
perform certain duties also. Otherwise we are punished. Important duties of a citizen are allegiance to
the state, to obey laws, payment of faxes, honest exercise of franchise and, holding a public office,
assistance in maintenance of law and order, etc. Besides we have certain moral duties to perform and
certain legal duties that we are bound to perform.

• The terms duty and obligation are used in a situation in which a person has no choice but to carry out
or to abstain from carrying out an action. Although the concept of duty can be seen in relationship
among individuals and diverse spheres such as of families, church, etc. in this entry duty will only be
studied from a moral and political perspective.
 Module II
Unit 3
Human Rights and the Indian Constitution
Fundamental Rights, Fundamental Duties
Directive Principles of State Policy
 Introduction
• The rights envisaged in the Universal Declaration of Human Rights are enshrined in
the Constitution of India. This is because the Constitution of India was adopted at a
time when the deliberations for the Universal Declaration were in the air, so that the
framers of the Indian Constitution were influenced by the concept of human rights

• the ideals objectives and the basic philosophy of the Constitution are contained in
a nutshell in its Preamble.

• The Preamble speaks of the solemn resolve of the people of India in the Constituent
Assembly to secure to all citizens, “Justice - social, economic and political, liberty -
of thought, expression, belief faith and worship, equality - of status and of
opportunity; and to promote among them all, fraternity - assuring the dignity of the
individual and the unity and integrity of the nation.
I. Right to Equality (A 14-18) Fundamental Rights
• Article 14 which declares that the state shall not deny to any person equality before law or equal
protection of law within the territory of India.
• Article 15 provides that the state shall not discriminate against any citizen on ground of religion,
race, caste, sex or place of birth. On this ground no citizen can be refused access to shops, public
places, wells, tanks, bathing ghats and other places.
• Article 16 guarantees equality of opportunity for all citizen in matters of public employment.
Religion, race, sex, or descent cannot disqualify a person from getting any public offers.
• Article 17 provides that „untouchability‟ is abolished and its practice in any form is forbidden. The
enforcement of any disability arising out of untouchability shall be an offence, punishable in
accordance with law.
• Article 18 abolishes the old system of conferring titles and honours.
II. Right to Freedom (A 19-22)
• Article 19 guarantees six valuable freedoms to the citizen of India. These rights
are not available to non-citizens and legal persons. These freedoms are:
a) Freedom of speech and expression;
b) Freedom to assemble peaceably and without arms;
c) Freedom to form Associations or unions;
d) Freedom to move freely throughout the territory of India;
e) Freedom to reside and settle in any part of the territory of India; and
f) Freedom to practice any profession or to carry on any occupation, trade or
business.
• Article 20 provides protection against arbitrary and excessive punishment to any
person, whether citizen or foreigner or legal person.
• Article 21 known as Right to Life, provides that; No person shall be deprived of his
life or personal liberty except according to procedure established by law. Thus
imprisonment or any other physical restraints cannot be made without legal
justification. Article 21 A provides that the state shall provide free and compulsory
education to all children of the age of six to fourteen years in such a manner as the
state may determine.
• Article 22 provides important safeguard relating to personal liberty. It guarantees
protection against arbitrary arrest and detention.
III. Right against Exploitation (A 23-24)

• Article 23 of the constitution prohibits traffic in human beings, beggar and other similar form of
forced labour.
• Article 24, prohibits the employment of children below fourteen years of age in factories and
hazardous work. But it does not prohibit their employment in any harmless or innocent work.

IV. Right to Freedom of Religion (A 25-28)

• Article 25 provides that all persons are equally entitled to freedom of conscience and the right to
freely profess, practice and propagate any religion.
• Article 26 of the constitution guarantees every religious denomination or any section there of shall
have the right:
 a) To establish and maintain institutions for religious and
charitable purposes;
b) To manage its own affairs in matters of religion;
c) To own and acquire moveable and immovable property; and
d) To administer such property in accordance with law.
• Article 27 provides that no person shall be compelled to pay any taxes for the
promotion or maintenance of any particular religion or religious denomination.
• Article 28 says, no religious instructions shall provide in an educational institution
wholly provided out of state fund.
V. Cultural and Educational Rights (A 29-30)
• Article 29 secures to every minorities the right to have a distinct language script or
culture of its own and shall have the right to conserve the same. Further, no citizen
shall be denied admission to an educational institution maintained by the state on
the ground only of religion, race, caste, or language or any of them.

• Article 30 gives all minorities, whether based on religion or language, the right to
establish and administer educational institution of their choice.
VI. Right to Constitutional Remedies (A 32)
There should be efficient machinery for the enforcement of Fundamental Rights. Otherwise these
rights would remain meaningless. In India the constitution guarantees the enforcement of these rights.
Regarding this, the Supreme Court under Article 32 provides a guaranteed remedy for the enforcement
of rights conferred by part III of the constitution. This right is in itself made a fundamental right by
including it in part III of the constitution. The court is thus the protector and guardian of fundamental
rights. This makes the fundamental rights real. Dr. Ambedkar called Article 32 as the most important
article of the constitution, “an Article without which this constitution would be a nullity. It is the very
soul of the constitution and the very heart of it”. Article 32 and 226 empower the Supreme Court
and High Courts respectively to issue writs such as writs of Habeas Corpus, Mandamus, Certiorari,
prohibition and Quo-warrants for the protection of fundamental rights. They are,
 i) Writ of Habeas Corpus
It is a Latin term which literally means „to have the body of‟. In India the power to issue the
writ is vested with the Supreme Court and the High Courts. The writ is the direction of the court to a
person who has detained another person, to bring the body of the latter before the court. The court then
examines the cause and legality of the detention. It would set the detained person free, if the detention is
found to be illegal. Thus, this writ is a bulwark of individual liberty against arbitrary detention.
This writ can be issued against both public authorities as well as private individual. However, it is not
issued where:
(1) the detention is lawful;
(2) the proceeding is for contempt of a legislature or a court;
(3) detention is by a competent court; and
(4) detention is outside the jurisdiction of the court.
ii) Writ of Mandamus
The Latin word Mandamus means „be order‟. It is an order of the Supreme
Court or High Courts directing a public authority to perform his or its duty, if its non-
performance causes an injury to the petitioner.
The writ of mandamus cannot be issued:
(a) against a private individual or body;
(b) to enforce departmental instruction that does not possess statutory force
(c) when the duty is discretionary and not mandatory;
(d) to enforce a contractual obligation;
(e) against the President or Governors;
(f) against Chief justice of a High court acting in judicial capacity.
iii) Writ of Prohibition
Literally means „to forbid‟. The writ is issued by a higher court to a lower court or tribunal to prevent the
latter from exceeding its jurisdiction or acting contrary to natural justice. The writ thus lies against anybody
exercising judicial or quasi judicial character. It is not issued against administrative authorities, legislative
bodies, and private individuals or bodies.
iv) Writ of Certiorari
Literally mean to be certified‟ or to be „informed‟ It is issued by a higher court to a lower court or tribunal
either to transfer a case pending with the latter or to squash the order of the latter in a case. The writ is issued
on the ground of excess of jurisdiction, or lack of jurisdiction or error of law. Certiorari can be issued against
judicial authorities and administrative authorities. Like prohibition, it is not available against legislative bodies
and private individuals or bodies. The difference between prohibition and certiorari is that the former is issued
when a case is still pending in the court while the latter is issued when the judicial proceedings in a case are
complete and the final judgment has been delivered by the subordinate court.
v) Writ of Quo-warranto
„In the literal sense, it means „by what authority or warrant‟. The writ is issued to
prevent a person from acting in an office to which he is not entitled. Hence, it
prevents illegal usurpation of a public office by a person. The writ can be issued only
in case of a substantive public office of a permanent character created by a statute or
by the constitution. It cannot be issued in cases of ministerial office or private office.
Fundamental Duties
• Rights and Duties are the two sides of the same coin. Despite such a close affinity
between rights and duties the constitution of India in its original form did not include
Fundamental Duties along with the list of Fundamental Rights. It was a glaring lacuna
in the Indian constitution.
• This lacuna was removed in 1976 by the 42nd amendment. Through this amendment, the
union Parliament incorporated a new part – Part IV (A) and a new Article 51 (A) in the
constitution.
• The new Article in the new part provided ten Fundamental Duties in the constitution. In
2002, one more Fundamental duty was added.
• The Fundamental Duties are inspired by the constitution of erstwhile USSR.
List of Fundamental Duties
According to Article 51-A it shall be the duty of every citizen of India:

i. To abide by the constitution and respect its ideals and institutions, the National flag and the
National Anthem;
ii. To cherish and follow the noble ideals which inspired our national struggle of freedom;
iii. To uphold and protect the sovereignty, unity and Integrity of India;
iv. To defend the country and render national service when called upon to do so;
v. To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional and sectional diversities, to renounce practices
derogatory to the dignity of women;
vi. To value and preserve the rich heritage of our composite culture;
vii. To protect and improve the natural environment including forest, lakes rivers and
wild life and to have compassion for living creatures.
viii. To develop the scientific temper, humanism and the spirit of inquiry and reform;
ix. To safeguard public property and to abjure violence.
x. To strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavour and achievement; and
xi. To provide opportunities for education to his child or ward between the age of six
and fourteen years. This duty was added by the 86th constitutional Amendment
Act, 2002.
Directive Principles of State Policy
• A novel feature of the constitution of India is the Articles dealing with Directive principles of state policy. These
are included in part IV of the constitution of India (Article 36 to 51).
• They constitute very comprehensive social, economic, administrative programme for a modern democratic state.
• They aim at realizing the high ideals of justice, liberty, equality and fraternity as outlined in the preamble to the
constitution.
• They embody the concept of a „welfare state‟ and not that of a police state which existed during the colonial era. It
is a unique blend of socialist, Gandhian, western Liberal principles and objectives of freedom struggle. The
founding fathers of the constitution borrowed this idea from Irish constitution of 1937, which had copied it from
Spanish constitution.
• The Directive principles are in the nature of general directions and instructions to the state.
• They resemble the „instrument of instructions‟ enumerated in the government of India Act of 1935.
• The Directive principles are non-justiciable‟. They are not legally enforceable by the courts for their violation.
Classification of Directive Principles
The founding fathers of the constitution have not classified the Directive principles on any ground. For
the sake of convenience the principles may be ideologically classified into three different categories:
i. Socialistic principles
ii. Gandhian principles; and
iii. Liberal Intellectual principles

A) Socialistic Principles
These principles reflect the ideology of socialism. They lay down the frame work of a
democratic socialist state, aim at providing social and economic justice. They direct the state:
i. To promote the welfare of the people and create a social order in which justice-social, economic and
political-shall be practiced by all the national institutions (Article 38).
ii. To secure:
(a) The right to adequate means of means of livelihood to all citizens;
(b) the equitable distribution of material resources of the community for the
common good; and
(c) prevention of concentration of wealth and means of production;
(d) equal pay for equal work for both men and women; and
(e) preservation of health and strength of workers and children against forcible
abuse;
(f) opportunities for equal development of children (Article 39).
iii. To promote equal justice and provide free legal aid to the poor (Article 37A).
iv. To secure the right to work, to education and to public assistance in case of unemployment old
age, sickness and disablement (Article 41).
v. To make provision for just and human condition of work and maternity relief (Article 42).

vi. To secure a living wage, a decent standard of life and social and cultural opportunities for all
workers (Articles 43).
vii. To take step to secure the participation of workers in the management of industrial undertakings
(Article 43 A).
viii. To raise the level of nutrition and the standard of living of people and to improve public health
(Article 47).
A) Gandhian Principles
These principles are based on Gandhian ideology. They represent the programme of reconstruction
enunciated by Gandhiji during freedom struggle. In order to fulfill the dreams of Gandhi, some of his ideas
were incorporated as Directive principles. They require the state:
i. To organize village panchayats to function as a unit of self government (Article 40).
ii. To promote cottage industries on an individual or co-operative basis in rural areas (Article 43).
iii. To promote voluntary formation, autonomous functioning, democratic control and professional
management of co-operative societies (Article 43 B).
iv. To promote the educational and economic interests of the weaker section of the people including SC and ST
(Article 46).
v. To prohibit the consumption of indoxicating drinks and drugs which are injurious to health (Article 47).
vi. To prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds
(Article 48).
A) Liberal-Intellectual Principles
These principles included in this category represent the ideology of Liberalism. They direct the state:
i. To secure for all citizens a uniform civil code throughout the country (Article 44).
ii. To provide early childhood care and education for all children until they complete the age of six years
(Article 45). (Originally (before 86th amendment) the provision was free and compulsory education for all
children until they complete the age of 14 years).
iii. To organize agriculture and animal husbandry on modern and scientific line (Article 48).
iv. To protect the improvement of environment and to safeguard forests and wildlife (Article 48 A).
v. To protect the monuments and places and objects of artistic or historic interest (Article 49).
vi. To separate Executive from Judiciary in public services of the state (Article 50).
vii. To promote international peace and security, maintaining just and honorable relations between nations,
fostering respect for international law and treaty obligations and encouraging settlement of international
disputes by arbitration (Article 51).
New Directive Principles
The 42nd constitutional amendment Act of 1976 added four new directive principles to the original
list. They require the state.
i. To secure opportunities for healthy development of children (Article 39)
ii. To promote equal justice and to provide free legal aid to the poor (Article 39 A)
iii. To take steps to secure the participation of workers in the management of industries (Article 43
A)
iv. To protect and improve the environment and to safeguard forests and wild life (Article 48 A)
v. To minimize inequalities in income, status, facilities and opportunities (Article 38)
The 86th amendment Act of 2002 changed the subject matter of Article 45 and made
elementary education a Fundamental Right under Article 21 (A).
 Unit 4
Protection and Enforcement Agencies – National Human Rights Commission
Women’s Commission, Police and Human Rights
4.1 Introduction
4.2 National Human Rights Commission
4.2.1 Powers and Functions of the Commission
4.3 Women’s Commission
4.3.1 Mandate of the Commission
4.3.2 Functions of the Commission
4.4 Police and Human Rights
4.5 References
 Introduction

 Part III of the Constitution of India mentions and protects the fundamental right and empowers
the Supreme Court and High Court under Article 32 and 226, respectively, to enforce these
rights.

 The amended part IV-A, which speaks of fundamental duties, indirectly expands the fundamental
rights.
 Introduction
 Part IV directs the state to apply the directive principles in the governance of the country so
as to enhance the prospects of socio-economic justice.

 The independent judiciary, a free press and a number of political parties and pressure groups
act as watch dogs to the citizen‟s human rights and liberties

 There are National Commissions on sensitive and vulnerable groups such as the
Scheduled Castes and Scheduled Tribes, Women and Minorities

 National Human Rights commission was constituted in 1993

 4.2 National Human Rights Commission

 A body set up to investigate, promote or protect human rights.

 The NHRC is an autonomous statutory body established according to the

provisions of The Protection of Human Rights Act 1993.

 The Commission is composed of a chairperson and four members appointed by

the President of India on recommendations of a body consisting of the
Prime Minister, the Union Home Minister, Deputy Chairman of Rajya Sabha, the
Speaker of the Lok Sabha and leaders of the opposition in the two houses of
Parliament.
 4.2 National Human Rights Commission

 The Chairperson shall be the ex-Chief Justice of the Supreme Court of India, one member
shall be either a working or retired chief justice of a High Court, and two persons shall
be those known for their work in the sphere of human rights.

 Chairpersons of National Commission for Scheduled Castes, National Commission for

Scheduled Tribes, National Commission for Minorities and National Commission for
Women shall be its ex- officio members.

 The Chairman or any member shall be removed by the President on the charge of
proved misbehaviour or incapacity, if it is proved in an enquiry by a judge of the Supreme
Court.
 4.2.1 Powers and Functions of the Commission

The Protection of Human Rights Act 1993 describes the powers and functions
of NHRC under section 12 of Chapter III are as follows.

 Inquire into violations of human rights or negligence in the prevention of

such violation by a public servant.

 Intervene in pending court proceedings related to human rights violation

with the approval of such courts.

 Visit any jail or other institution under the control of the State
Government, where persons are detained or lodged for purposes of
treatment, reformation or protection, for the study of the living conditions
of the inmates and make recommendations thereon to the government.
 Review the safeguards provided by or under the Constitution or any law for the
time being in force for the protection of human rights and recommend measures
for their effective implementation.

 Review the factors, including acts of terrorism that inhibit the enjoyment of
human rights and recommend appropriate remedial measures.

 Study treaties and other international instruments on human rights and make
recommendations for their effective implementation.

 Undertake and promote research in the field of human rights.

 Spread human rights literacy among various sections of society and promote
awareness of the safeguards available for the protection of these rights through
publications, the media, seminars and other available means.
 Encourage the efforts of NGOs and institutions working in the field of human rights.

 Such other function as it may consider it necessary for the protection of human rights.

Power related to enquiries:

The NHRC is authorized to utilize the services of any officer or investigating agency of the
Central or State government for the purpose of conducting any investigation pertaining to the
enquiry.

The Commission shall also deal with complaints of violations of human rights by members of the
Armed forces.

The Commission to submit an annual report as also special reports to the central government and
state government concerned.

The governments have to present the reports before the legislatures.

Constraints faced by the Commission:

 Inadequate funds from the government

 Inadequate attention to their recommendations by the states.
 Inadequate staff for investigation work.

To strengthen the Commission more financial autonomy has to be granted.

 4.3 Women’s Commission
 The Committee on the Status of Women in India (CSWI), the National
Commission for Women was established to fulfil the surveillance functions and to
facilitate redressal of the grievances and to accelerate the socio-economic
development of women.
 As per the recommendations of CSWI and in order to uphold the mandate of
the Constitution, in January 1992, the National Commission for Women (NCW),
was set up as a statutory body under the National Commission for Women Act,
1990.
 According to the Act of 1990 under Section 3:
The commission will consist of one Chairperson, who is committed to the
cause of women, five members from various fields and a member secretary who
shall be an expert in the fields of management, organizational structure,
sociological movement or a member of the civil service of the Union. All the
members of the commission are nominated by the Central Government.
 The First Commission was constituted on 31st January 1992 with Mrs.
Jayanti Patnaik as the Chairperson.

 Each person holds office for a period of five years or till he attains the age
of seventy.

 At least one member of the Commission must belong to a Scheduled Caste

or Scheduled Tribe.

 In addition to the above mentioned members of the Commission, the

Commission has the power to set up committees with members from outside
the Commission.
 4.3.1 Mandate of the Commission

Section 10(1) of the Act of 1990 provides a fourteen-point mandate for the National
Commission for Women. Broadly speaking, the Commission‟s mandate can be
divided under four heads.

I. To safeguard Rights of Women

These are enshrined in sub clauses (a) to (e) of Section 10 (1) of the Act.
They expect the Commission to examine the safeguards for women provided by
the law and the Constitution. The Commission is to submit report about these
safeguards and make recommendations about the implementation of the same.
The Commission is also expected to review these safeguards periodically to
identify and remedy any lacunae and inadequacies. The Commission is also
empowered to take up cases involving the violation of the cases.
II. To study of problems faced by women
These are mainly enshrined in sub clauses (g) to (i) of Section 10 (1)
of the Act. According to these sub clauses, the Commission is to carry out
studies involving the problems arising out of discrimination against woman
and provide remedies for these problems. As per this part of the mandate,
the Commission is also expected to advise the government about the socio –
economic development of women based on these studies.

III. To evaluate the status of Indian women

Sub clauses (j) to (n) of the aforementioned section of the Act
deals with these responsibilities of the Commission. The Commission,
according to these guidelines, has the responsibilities of the evaluating the
status of Indian women under the Union Government and State
Governments. It is to inspect and evaluate the conditions of detention homes
and other such facilities in which women may be detained and deal with the
appropriate authorities in order to improve the condition of such places.
These evaluations are to be submitted to the Government through periodic
reports and recommendations.
IV. Funding and Fighting cases related to women’s rights violation

Certain clauses in the mandate also empower the Commission to take up

cases related to discrimination against women, women‟s right violation and
fund cases which involve the rights of a large number of women. Sub
clause (f) of Section 3 of the Act of 1990 empowers the Commission to
take suo moto notice of matters relating to women‟s right deprivation, non–
implementation of laws enacted to protect women and non–compliance of
policies and guidelines for mitigating hardships of women, in such matters,
the Commission is empowered to approach the appropriate authorities and
seek remedies.
 4.3.2 Functions of the Commission

Chapter III of Act enumerates the functions of the Commission. According to

the Section 10(1) of the Act, the Commission shall perform all or any one of the
following functions:

 investigate and examine all matters relating to safeguards provided for women
under the Constitution and other laws

 present to the Central government, annually and at such other times as the
Commission may deem fit, reports upon the working of those safeguards;

 make in such reports recommendations for the effective implementation of

those safeguards for improving the conditions of women by the Union or any
State;
 review from time to time, the existing provisions of the Constitution and
other laws affecting women and recommend amendments thereto so as to
suggest remedial legislative measures to meet any lacunae, inadequacies or
shortcomings in such legislations;
 take up the cases of violation of the provisions of the Constitution and other
laws relating to women with the appropriate authorities;
 look into complaints and take suo moto notice of matters relating to
deprivation of women's rights, non-implementation of laws enacted to
provide protection to women and non-compliance of policy decisions;
guidelines or instructions aimed at mitigating hardships and ensuring welfare
and providing relief to women;
 call for special studies or investigations into specific problems or situations
arising out of discrimination and atrocities against women and identify the
constraints so as to recommend strategies for their removal;
 undertake promotional and educational research so as to suggest ways of
ensuring due representation of women in all spheres and identify factors
responsible for impeding their advancement, such as lack of access to
housing and basic services and technologies for reducing drudgery and
occupational health hazards and for increasing their productivity;
 participate and advise on the planning process of socio-economic
development of women;
 evaluate the progress of the development of women under the Union or any
State;
 inspect or cause to be inspected a jail, remand home, women's institution or
other place ofcustody where women are kept as prisoners or otherwise, and
take up with the concerned authorities for remedial action, if found
necessary;
 fund litigation involving issues affecting a large body of women;
 make periodical reports to the Government on any matter pertaining to
women and in particular various difficulties in which women toil;
 any other matter which may be referred to it by the Central Government.

No institutional mechanisms seem to have been developed overtime to

perform the functions assigned to the Commission.

The Commission does not have a field staff, and mainly depends on
consultants and experts in various areas taken on temporary basis to work on a
range of issues the commission is working on.
To carry out its monitoring and recommendatory function, the Commission
set up committees of experts with members as chairpersons of these
committees.
These expert Committees work on subjects of Law and legislation, take up
special studies on issues of concerning the socio-economic and political status
of women in the country with a view to suggest policy recommendations to the
Government in the field of law and policy.
 Among other measures to probe into the developmental problems, formulate
recommendations and to understand issues and devise strategies, workshops,
seminars/conferences are held.

The members of the Commission also make field visits to various states to take
stock of the on-going development activities concerning women and to monitor
the social position and conditions of women in various ways.

The NCW is to be consulted by the Government on all important policy issues

concerning women.

An important area of Commission's work is to attend to the individual

complaints of women or to take suo moto notice of cases of violence against
women.
 The Commission started with a Complaints Unit, to which a Counseling Cell
was added in 1995.
In 1995-96, in view of the heavy backlog of complaints coming to the
Commission, concept of Parivarik Mahila Lok Adalat was introduced to help
provide speedy justice to women.

In addition the Commission has also been playing a role in awareness

generation on issues concerning women. In the performance of this role, the
commission has been networking with NGOs, political leaders, media,
organizing nationwide awareness enhancement camps focusing on legal rights,
doing college programmes, and holding workshops, seminars, conferences,
public hearings, developing short films, posters and other materials.

It has also been launching campaigns like Anti-liquor campaign, Dahej-Mukti

Abhiyan, Anti-trafficking campaign, Mangalam Project, etc.
 4.4 Police and Human Rights

 Police are one of the means by which governments maintain peace and
security within the borders of the country.

 Police are also one of the means by which governments.

 In any democratic society, the expected role of police is the protection

of people's constitutional rights through the effective enforcement of
law and order within the framework of the existing laws of the land.

 The notion of democratic policing is essential for the promotion and

protection of human rights that police officials be personally
accountable to the law for their own acts of omission.
 An integral part of police is the commitment of the force in respecting and
upholding various constitutional safeguards concerning the rights and privileges of
citizens.

 As an agency to maintain law and order and investigate crimes police has been
given many powers including to use force, arrest and detain.

 These powers can be used both for protection of citizens and violation of their
rights.

 It is essential for people to know their rights and duties of police towards them in
different situations, so that in cases of violation they can protest and approach
appropriate channels for redressal.

 In a democratic society primary concern of police is not to suppress dissent and

opposition but to work for the larger public order.
 In a democratic welfare society the purpose and objectives of a police
organization can be stated as:

• The prevention and detection of crime

• The maintenance of public order
• The rendering of humanitarian assistance in emergencies to those in need
• The promotion and protection of human rights.

 To perform above functions policemen are bound to perform their duties

within the framework of constitution and various rules and regulations which
govern police working.

 Many a time they are also in a dilemma as they are confronted with situations
in which they may feel justified in breaking the law in order to achieve results
or they be subject to external pressures.
 In general, among the police forces in India, there is a tendency:

• To use overwhelming force in putting down demonstrations,

• To exert physical pressure to extract information from detainees,
• To deploy excessive force to secure arrest,
• Torturing under-trials, and
• Making fake encounters on the pretext of suppressing extremist activities.

 Violation and abuse of rights may also be in the form of arresting or

releasing a wrong person, detention of arrested persons in police custody for
prolonged periods even without informing them of the reasons of arrests,
application of excessive use of force, etc.
 As per the established norms, a police official shall be deemed to have committed
abuse of authority if he or she:

• makes an arrest without good and sufficient cause

• uses any unnecessary violence towards any prisoner, detainee or other
person with whom he/she may be brought into contact in the execution
of his/her duty or
• is uncivil to any member of the public, police officials, therefore, have
to be careful so as not to violate any human rights while,
• recording complaints,
• making any arrest,
• detaining alleged culprits,
• investigating cases,
• maintaining of public order,
• acting as a protective agency.
 Human rights violations by police are now considered offences punishable under
criminal law.

 In addition, National Human Rights Commission and State Human Rights

Commissions receive complaints of violations and abuse of powers and investigate
the same, have made police officials accountable in more ways than one.

 The first step in the investigation of the crimes and in ensuring judicial process is
the recording of complaint.

 Information given to a police officer has to be recorded in writing according to

Section 154 of the Criminal Procedure Code. This information known as the "first
information report" or F.1.R., is important for many reasons.

 The first step of the criminal procedure that leads to the trial and punishment of a
criminal or anti-social element.
 The main objective of the information is to set the criminal law in motion
and help the investigation authorities to get information so as to take the
necessary steps in order to bring justice.

 The offence committed may be cognizable or non-cognizable.

• In cognizable cases the police can investigate information received

without a Magistrate's orders.
• While police cannot investigate a non-cognizable offence without the
order of the Magistrate, the police officer has to register the
complaint if it is brought to him.
• In such cases, the complaint may not be registered as an FIR but in a
separate book or daily diary in the form prescribed by the State
government.
• Reports will be referred to the Magistrate for necessary orders.
 In general, a police officer is bound to enter all reports brought to him about all
cognizable or non-cognizable offences.
• If he refused to enter such a report or if he enters a report which was not at all
made to him or makes incorrect report he is guilty under section 217 of the Indian
Penal Code.

 Effective, ethical and lawfully conducted criminal investigation is an extremely

important aspect of policing.

 According to Indian laws, an officer of a police station can investigate

without the order of a magistrate any cognizable offence committed within
the local limits of that Police Station.

 For the investigation of crime in accordance with ethical principles, there

must be respect for human dignity and human rights, and compliance with the
law by investigators. A criminal can be punished only in conformity with the
requirement of law.
 Investigation of crime in a democratic society entails accountability and
responsiveness of the investigators to the community.

 Furthermore, investigations must be conducted with due regard to the

principle of non-discrimination.

 The principle of individual liberty is one of the essential core principles from
which all human rights flow.

 Deprivation of individual liberty is an extremely serious matter and can be

justified only when it is both lawful and necessary.

 To arrest someone is to deprive him/her of his/her liberty.

 Human Rights instruments recognize such powers of governments to limit
individual freedoms in the wider public interest, and for the purpose of securing
other benefits such as civil order and public safety under certain circumstances.

 The purpose or purposes of a person's arrest, there must be legal grounds for the
arrest, and the arrest must be effected in a professionally competent and adept
manner.

 Article 22 of the Indian Constitution, while underlining the fundamental rights of

citizens, guarantees four rights to persons arrested under any ordinary law.

 Section 50 of the Criminal Procedure Code (Cr.PC) also requires the police
officer arresting any person to forthwith communicate to him full particulars of
the offence for which he or she has been arrested or any other ground of such
arrest.
 Section 57 of Cr. P.C. provided for production of the arrested person before a
Court within 24 hours of arrest.

 There are some other provisions also like Sections 53, 54 and 167 which are
aimed at affording procedural safeguards to a person arrested by the police.

 Whenever a person dies in custody of the police, Section 176 requires the
Magistrate to hold an inquiry into the cause of death.

 In human rights framework, the three principles of liberty, legality and

necessity underlie the provisions on arrest.

 No arrest can be made just because it is lawful for the Police Officer to do so.
 No arrest should be made without a reasonable satisfaction reached after
some investigation about the genuineness and bonafides of a complaint and a
reasonable belief both as to the person's complicity and also the need to effect
arrest.

 Regarding humane treatment of detainees Section 330 of the Indian Penal

Code states; "Whoever voluntarily causes hurt for the purpose of extorting
from the sufferer any confession or information which may lead to the
detection of an offence shall be punished with imprisonment for a term which
may extend to seven years and shall also be liable to a fine".

 In the case of an arrested and detained person, if the investigation cannot be

completed within the period of 24 hours fixed by Section 57 of the Cr. P.C. he
shall be produced before the magistrate with the request to be allowed to
remain in police custody beyond 24 hours.
 Section 167 of the Indian Criminal Procedure Code says that the investigating
officer should transmit a copy of the diary relating to the case t the nearest
judicial magistrate, if he believes that the accusation is well-founded. No
magistrate shall authorize detention in any custody under this section unless
the accused is produced before him.

 In relation to the arrest of a female, Section 51 of the Criminal Procedure

Code provides that whenever it is necessary to cause a female to be searched,
the search will be made by another female with strict regard to decency.

 Similar provisions are made in Section 100 (3) of the Criminal Procedure
Code in relation to searchers under warrant.

 Section 160 of the Criminal Procedure Code authorizes the investigating

officer to summon the witness concerned with his case and it is obligatory on
the person to appear before the officer and give information, Vide sub clause
of the same section no woman shall be required to attend the summons at any
place other than the place where she resides.
 The Juvenile Justice (Care and Protection of Children) Act, 2000 provides:
Any person in whose charge a juvenile is placed in pursuance of this Act shall,
while the order is in force have the control over the juvenile as he would have
if he were his parents, and shall be responsible for his maintenance, and the
juvenile shall continue in his charge for the period stated by competent
authority, notwithstanding that he is claimed by his parents or any other
person (Section II).

 Information to parent, guardian or probation officer - Where a juvenile is

arrested, the officer in-charge of the police station or the special juvenile
police unit to which the juvenile is brought shall, as soon as may be after the
arrest, inform –
a) the parent or guardian of the juvenile, if he can be found, of such
arrest and direct him to be present at the Board before which the
juvenile will appear; and
b) the probation officer of such arrest to enable him to obtain
information regarding the antecedents and family background of the
juvenile and other material circumstance likely to be of assistance to
the Board for making the inquiry.
 Unit 5
Human Rights of Disadvantaged Sections in Kerala
Women and Children – Problem of Representation, Violence against
Women – Child Labour, Dalits and Adivasis – Right to Development
and Shelter
5.1 Introduction
5.2 Women: Problem of Representation
5.2.1 Violence against Women
5.3 Children’s Rights - Child Labour
5.4 Dalits and Adivasis – Right to development and shelter
5.5 References
 5.1 Introduction

 Human right violation issues manifest in different forms like violation of

rights of women, adivasis, dalits, children, transgender people, etc

 The state of Kerala has achieved the highest status of women in India.

 There is a considerable low participation of women in the political sphere

and an increase in social problems, such as violence against women, and high
suicide rate.

 This questions the liberal assumption that formal equality, in terms of

women‟s high status, produces changes in the power relations between women
and men.
 Only in the 1980s that the women movement in Kerala picked up
considerable strength.

 Women organizations started functioning in several important districts. The

main among these were:

• ‘Prachodhana’ in Trivandrum
• ‘Bodhana’ in Kozhikode
• ‘Manushi’ in Pattambi
• ‘Chethana in Thrissur
• ‘Grameena Vanitha Sangham’ in Thiruvalla
• ‘Prabudhatha’ in Kanjangadu

 Some of the premier organizations include ‘Kerala Sthree Vedi, Sakhi, Anweshi,
Manushi and Abhaya.
 The long history of Dalits‟ deprivations and exploitations led to the
emergence of Dalit protest movements in the state as in other parts of India.

 The social reform movements in the state during the latter part of the 19th
century and the early part of the 20th century created a favourable
environment for Dalit protest movements.

 The caste-ridden social structure of Kerala often resisted such liberation

struggles of Dalits as their empowerment would defeat the interests of the
upper castes.

 The peculiar features of the caste system in Kerala systematically kept Dalits
as slave castes and the same class/caste structures continue to play a pivotal
role in Dalit marginalization even today.
 The peculiar features of the caste system in Kerala systematically kept Dalits as
slave castes and the same class/caste structures continue to play a pivotal role
in Dalit marginalization even today.

 Radical Dalit politics in Kerala comprises multiple, diverse formations. For

example, the identity politics professed by the Dalit Human Rights Movement
(DHRM), an Ambedkarite movement in Dalit colonies, which has faced
immense violence from the mainstream Kerala society.
 5.2 Women: Problem of Representation

 During Sangam age - the first five centuries of the Christian Era - Women
enjoyed complete freedom of movement as well as the right to full education.

 Status of Women:
• Monarchy was the most important political institution in the land, the
Chera kings used the names of the father as well as the mother along with
their names as was the practice among the Ikshwakus or Andhra Bhrityas.
• The queen had a privileged status and she took her seat by the side of the
king in all religious ceremonies. She was respectfully called Perumtevi
(Chief Queen).
• The striking feature of social life in the early Sangam age itself was the
high status accorded to women.
 • The Purdah system was unknown. They took part freely in all the
amusements of social life.
 Literacy:
• In view of the high level of female literacy the Sangam age produced
many a gifted poetess. Auvvaiyar who lived about 500 A. D. was the most
outstanding poetess of the age.
 Marriage:
• Child marriage was unknown in the early Sangam age and adult marriage
was the normal rule.
• Widow marriage was also permitted.
• The Gandharva system of marriage which allowed the voluntary union of
man and woman in secrecy was very popular.
• Polygamy and concubinage were not unknown in those days, but female
morality was generally high.
 Occupation:
• Women enjoyed the freedom to follow the occupation of their choice.
• Many of them took to weaving several others engaged themselves in the
sale of fish, salt, etc
• They were employed as shopkeepers, domestic servants, field labourers
and gardeners.

 Art:
• Music, poetry and dancing provided entertainment to the upper classes
and they were systematically cultivated.
• There were professional poets and poetesses who composed poems in
praise of their patrons and were generously rewarded by the latter.
• Mixed dances in which both men and women participated were not rare.
 The war Goddess Kottavai was the most favourite deity and she was
propitiated with elaborate offerings of meat and toddy not only by kings but
also by commoners like the Vetas, Maravas, etc.

 From the 5th century onwards Aryan culture began to spread over large parts
of Kerala and exercise a dominant influence in society.

 The caste system, called „Chaturvarnya‟ introduced during Aryan period, from
500B.C. to 1000B.C. declined in the level of general literacy of women.

 The social status of a person came to be determined on the basis of the

occupation in which he/she was involved.
 The social status of a person came to be determined on the basis of the
occupation in which he/she was involved. Those who were engaged in
occupations involving physical exertion were relegated to the lowest strata of
society and came to be looked up on as low castes. Side by side with the social
degradation of the Panas, the Parayas and other classes of earlier days, the
status of women, especially of these classes also declined to a worsened stage.

 Female education was neglected, even though the education of the Devadasis
received special attention.

 Child marriages took the place and women were compelled to take to family
life and they had been denied of intellectual and artistic pursuits at a very early
age.

 Women no longer enjoyed the social freedom and equality of earlier days.
 The lives of widows were quite deplorable due to their alienation in the society.

 The period from 1000–1500 AD, saw the origin of, Marumakkathayam system,
Joint family system and the institution of Polyandry. This period witnessed the
evolution of the feudal polity in Kerala. Devadasi system had its worst features
during this period.

 During 1500 to 1900, women enjoyed adequate freedom in the society though
there existed many social evils.

 Modern industry was started in Kerala in the middle of 19th century by the
German missionaries and British planters were providing ample scope for the
deployment of women labourers.

 The first cotton mill was started in 1881 in Kollam, which induced the women to
enter into the industrial sector in this area.
 In twentieth century women involved in public affairs and acted efficiently in
areas like education, medicine and literature.

 In 1919, women in Travancore obtained partial voting rights.

 In 1922-23, they were allowed to enter into „Sreemoolam Prajasabha‟ and

„Legislative Council‟.

 Even though, there were no voting rights in Cochin, there were demand, for
considering them by giving peculiar or special participation and were published in
leading newspaper.

 In 1924, Dr. Mary Punnan Lukose was appointed as Superior Officer in Medical
Department and she occupied the position of council.

 In 1930, women in Kerala occupied the position in legislatures.

 During the post-independent period women in Kerala generally obtained
educational gain, safety and better status in society. But the attitude and
outlook of society towards the problem of women lacks something in all
fields. The constitution provides equal rights to women and men, but religious
superstition and caste wise groupings have destructed the rights of women
today. The educational standards of women in generally high in the State, but
with regard to economic, social and cultural field they are in a relatively
backward position. The women infliction and other discrimination are
increasing along with this.

 The State of Kerala is bestowed with leading women consultants, eminent

scientists, mathematicians, doctors, artists, educationalists, managers,
administrators, politicians, poetesses and business entrepreneurs, during this
period.
 Women writers like Madhavikkutty, Sugathakumari, Sara Joseph and women
liberation activist, Ajitha and Mayilamma from lower strata etc., are some
glaring examples of leaders in their respective fields in Kerala.

 Sakhi, a women‟s resource centre holds training programmes for women and
Cochin Backwater Ladies circle, an organisation which is involved in arranging
small events and programmes like immunization, literary workshops for
women in Kochi, Kerala.

 Anweshi, women‟s counseling centre, in Kozhikodu, run a counseling,

meditation and resource centre for women facing any kind of abusive
situation.

 As a result of the economic crises of the 1980s and the commercialisation

and modernisation of the economy, women lost employment in agriculture
and industries.
 This led to the emergence of self-employment, largely in micro-businesses in the
informal sector.

 Now women entrepreneurs in Kerala State are entering in the field of producing
sophisticated electronic items like inverters, televisions, stabilizers, computers, etc.
Technical and managerial personnel are hired by women entrepreneurs as most of
them do not have the requisite industrial know how, though they highly educated.

 Women in Kerala are skilled in traditional and self acquired crafts like embroidery,
lace, toys and doll making, weaving and so on.

 The dominant crops of Kerala are coconut, rice, tapioca, pepper, tea, rubber,
betel nuts, cashew nuts, etc

 Most of the industrial units set up by women utilizes the raw materials that are
locally available.
 Workers engaged in the unorganised sector do not have the benefit of several
laws such as the Minimum Wages Act or the Factories Act.

 They are also not covered by statutory welfare measures such as maternity
benefits, provident fund, gratuity, etc, all of which were put in place after
intense struggles by the Indian working class in the pre-as well as post-
Independence period.

 The use of contract workers to run canteens or do housekeeping and

gardening, employing teachers on a clock-hour basis, and 'outsourcing' jobs
such as data entry are some examples that may unravel the complex nature of
employment in the unorganised/informal sector.

 For the empowerment of women so many schemes were introduced by the

Government during the post independence period. The schemes include
IRDP, TRYSEM, DWCRA, etc.
 DWCRA, a sub scheme of IRDP is exclusively for women, which is introduced in
all the districts in Kerala.

 Women‟s well being depends on their empowerment in Social, cultural, political

and economical aspects. Self Help Groups are in an important initiative for
achieving this.

 Kudumbashree, the major Self Help Group initiative in Kerala, is aiming at

women empowerment, in rural as well as urban areas.

 Kudumbashree units are facilitated and supported by local self governments. But
the members themselves initiate and enact their own development agenda and
priorities. This also leads to increase confidence in these women.

 This project helps to raise incomes and encouraging poor households to enter the
market economy.
 Kudumbashree assumes great importance in terms of their high employment
potentials especially among the BPL women families.

 While striving to achieve equality - socially, economically, educationally,

politically and legally, women continue to face discrimination and
marginalisation both subtle and blatant, and do not share the fruits of
development equally.

 Even though, women have participation in fields such as legislative assembly,

political agitation, productive sectors, literature, etc., there were so many
unfavourable factors, which constrained them to enter into social activities.

 The world is moving fast to the participation age, which approves equal
participation for all human beings irrespective of their sex. It is identified that
women force is the catalysts of development.
 India is also moving in the same track recognising the need of the hour and
taking fast steps in eradicating gender discrimination. Unfortunately all these
movements are stirring the upper strata of the society and not touching the
villagers and low income group.

 Social gatherings like Kudumbashree and Self Help Groups are trying to fill
the lacuna to a certain extent.

 The self learning process they undergo through practical experience enables
them to excel in their life and it is an educational experience that no formal
schools can offer.

 The wide spread coverage of community based organisations of

Kudumbashree has reached every nook and corner of the state.
 5.2.1 Violence against Women

 Crime against women in present India has become alarming.

 Violence against women is rooted in the tradition of discrimination that has

been going on for centuries. Deeply discriminatory practices such as child
marriage, honour killing, witch hunting and gender biased sex selection
indicate profound vulnerability of and inequality towards girls/women in
Indian society.

 Child marriage is not just a social norm but denial of childhood, with
irreversible consequences, especially for girls.

 Witch hunting is not just a way of socially boycotting a woman who is seen as
a threat to society but a way to control a woman who does not conform.
 Gender biased sex selection is not just about preference of boys over girls
but practice that is eliminating girls from the families and societies, altering the
social fabric and causing further vulnerability to abuse and violence for those
alive.

 Honour killing is not just a way of punishing the one who has brought
dishonor to the family; it is indeed a barbaric murder, usually of girls.

 The unequal social and political status of women in India is an outcome of

patriarchy and the deeply entrenched socio-cultural stereotypes about women.
This is sometimes perpetuated by laws, regulations and policies which do not
sufficiently address the subordinate status of women.

 Improving the legal status of women, therefore, involves a multi-pronged

approach that looks first and foremost at the legislative inadequacies and state
policies and schemes, closely followed by, addressing the inadequate
implementation of laws by the state, police and courts.
 Action for change will have to go beyond the formulation of laws, to
incorporate strategies, policies and programmes that are based on the
experiences and perceptions of women.

 Violence against women is one of the major human rights issue and an
important health issue.

 Prevalence of violence in the world as estimated by WHO is at least one in

five women has been physically or sexually abused by a man at some time in
her life.

 Studies in Bangladesh and India considered one of the determinants of

violence as dowry. The abuse may have physical, verbal and emotional
components. It includes sexual violence (rape, and sexual harassment) and
domestic violence (partner violence and other domestic violence).
 The effects of violence can be devastating to a woman's reproductive health as
well as to other aspects of her physical and mental wellbeing.

 Increased risk of adverse pregnancy outcomes, unwanted pregnancies and sexually

transmitted diseases are some of the consequences of the violence against women
with a history of physical or sexual abuse.

 In India, even though the government has taken action against all acts of violence
against women by making laws and efforts to implement it, these crimes have been
observed to be increasing.

 Despite these achievements in Kerala, a good proportion of women are victims

of various kinds of violence in Kerala. The crux of the problem in gender
relations lies in the fact that gender roles, rights and obligations are not just
different but they are highly unequal. It‟s through a combination of family, caste,
community, religion, among others, that patriarchal values and idea are get
constantly reinforced and legitimized.
 Stereotyping of women and their roles exists in all institutions, private or
public. Media with its huge potential to influence mindsets has not completely
done so far.

 Though the crime rate against women in Kerala is less than the national
average, recently the rate is going up. Cruelty by husband and relatives towards
married women is always an issue in Kerala. The most reported crime in
Kerala is torture by husband and in-laws for dowry.

 Death related to dowry was found to be low, but dowry and its associated
problems are high. This implies that many women in Kerala live their lives in
tears, with the fear of death.

 Although suicide is more among men, the number of attempted suicide is

more among women.
 Rape cases are increasing in the state followed by molestation, which is the
second most reported crime in Kerala.

 Eve teasing, although is a less severe crime compared to other crimes, also
increased. Kidnapping is the least reported crime in the state.

 The decadal growth rates of the crime rates show that all types of crime are
alarmingly on the increase which calls for attention from the part of the
investigating and law enforcing agencies, policy makers and political leaders. In
the current literature on domestic violence, different explanations have been
given for its occurrence:

• cultural systems legitimise violence, legal authorities fail to protect

women, economic structures subordinate women, and political systems
marginalise women‟s needs;
• marital violence is more prevalent in societies in which patriarchal
systems are strong and women have few options outside of marriage due
to divorce restrictions and low access to economic resources, and where
violence is an accepted means for conflict-resolution;

• violence against women is a reflection of the power relationships

between spouse;

• violence against women is linked to woman‟s lower self-esteem, severe

depressive symptoms with minimal personal resources, and little
institutional support;

• society encourages husbands to exercise their rights to dominate and

control wives.
 5.3 Children’s Rights - Child Labour

 The modern concept of childhood dates back from the sixteenth century.
„Child‟ and „childhood‟ are social categories. They refer to a set of people,
children, and an age, childhood, as having something identifiable characteristic
and significant in common, regardless of their parents and their gender.

 It was believed that a child‟s psyche is alive, absorbent, active, from the
moment it draws its first breath. The concept of life stages existed in classical
Indian tradition.

 The adoption of the United Nations Convention on the Rights of the Child
(CRC) in 1989 has marked a watershed in the recognition of children‟s rights,
formally identifying children as the bearers of rights- rights, which are distinct
from those of others.
 Children constitute nearly 40 per cent of India‟s population.

 The Constitution provides legal framework for the protection and

development of children. There have been several new policy documents,
laws, and some significant court judgements.

 In India, the Census defines person below the age of fourteen as children.
While making use of standard demographic data, social scientists include
females in the age group of fifteen to nineteen years under the category of the
girl child.

 Most of the government programmes on children are targeted to the age

group below fourteen years. In India, the age at which a person ceases to be a
child varies in different laws.
 The Constitution of India, which came into force in January 1950, contains
comprehensive and far reaching reforms of child care and development.
These are included both in Part III and Part IV of the Constitution pertaining
to „Fundamental Rights‟ and Directive Principles of State Policy.

 Some of the major constitutional provisions are given below:

• Article 15: Nothing in this article shall prevent the State from making
special provision for women and children.
• Article 24: No child below the age of fourteen years shall be employed
to work in any factory or mine or engaged in any other hazardous
employment.
• Article 39 : (e)… the tender age of children are not abused… and not
forced by economic necessity to enter avocations unsuited to their age or
strength; (f) that children are given opportunity and facilities to develop in
a healthy manner and in conditions of freedom and dignity and that
childhood… protected against exploitation and against moral and
material abandonment.
• Article 45 of the Constitution provides that the state shall strive to
provide for free education of children below the age of 14 within ten
years for the commencement of the Constitution.

• The 86th Constitutional Amendment was passed in 2002 making the

Right to Education for children between the ages of six to fourteen a
fundamental right. However, it does not provide for children in the 0-6
years age group.
• In August 2009 Right to Education Bill was passed by the parliament.

• The Constitution of India recognised how crucial children‟s well-being

was to the functioning of India‟s democracy when it stated “that the state
shall direct its policy towards ensuring that children are given
opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are
protected against exploitation and against moral and material
abandonment”.
 Developments in the Supreme Court of India indicate how the judicial review
of administrative action can make an important contribution to realising chid
rights. The courts in India have responded to the need of children especially
in the areas of their improvement in institutions, prison, illegal confinement,
sexual abuse, child labour, adoption, prohibition of corporal punishment in
schools, etc.

 Several of the issue were raised by NGOs, social activists or media, or taken
suo moto by the courts. Some of the landmark judgements are: -
• Laxmikant Pandey vs. Union of India on adoption of children.
• Sheela Barse vs. the Children‟s Aid Society: In this case the Supreme
Court directed that in no case should a child be kept in jail and a central
law must be enacted to bring uniformity in juvenile justice system.
• Unnikrishnan J.P. vs. State of Andhra Pradesh: The court held that the
right to education is implicit in the right to life.
 • Vishal Jeet vs. Union of India: Several directions were issued to end
sexual exploitation of children –
• MC Mehta vs. State of Tamil Nadu on the problem of child labour.

 The Court has enabled social activists, media persons, lawyers, academics and
NGOs to approach the highest court for redress of injustice to children. The
courts in India have ensured the implementation of progressive laws and the
interpretation of restrictive laws in the best interest of the child.

 The Article 32 of the Convention of Child Rights accepts the right of the
child to be protected from economic exploitation make them free from
performing hazardous work and also engaging in work that affects their
education, are harmful to health and also adversely affects their physical,
mental, spiritual, moral or social development.
 The convention requested the state parties to take positive actions in
providing a minimum age for employment, deciding the working hours,
improving the conditions of employment and also giving penalties to ensure
proper implementation of Article 32.

 It is an unquestionable fact that poverty is the primary and root cause of

economic exploitation.

 Parental illiteracy and ignorance, traditional view of making children learn

ancestral works from the early childhood days, lack of rigidity in policy making
for compulsory primary education, non-accessibility of schools, gender
differential, etc are some reasons which force children to work.

 Violation of any type of right (need) of a child can be termed as exploitation.

 All needs of a child are important; they should be protected from every form
of exploitation say, economic, social and cultural rights.

 When we say about economic exploitation of children, it reflects the

consequences of child labour, because economic exploitation is a product of
child labour.

 Child labour means work done by a child (below the age of 14) or any kind
of work that places a child at risk. Child labour is equally harmful for physical,
mental, social, emotional and psychological development of a child. The
major causes of the child labour are illiteracy of the parents, poverty, the
tradition of making children learn family skills, etc.

 In 2006, the government modified the Act by banning child labour in the
domestic sector, hotels, dhabas, eateries, etc.
 Now child labour is banned in 13 industrial sectors and 52 types of work.

 NGOs allege that despite the under-14 ban, thousands of children are still
employed in hazardous industries listed in the Act due to poor implementation
of the existing legislation.

 Children under fourteen constitute around 3.6% of the total labour force in
India. Nine out of every ten work in their own rural family settings. Nearly
85% are engaged in traditional agricultural activities. Less than 9% work in
manufacturing, services and repairs and only about 0.8% works in factories.

 The largest and most structured intervention in the area of child labour
prevention in India is the National Child Labour Projects (NCLP), which
includes special schools to provide children with the skills to be mainstreamed
into the formal system.
 The adoption of the 1989 CRC and particularly the 1999 ILO Convention
(No 182) concerning the prohibition and immediate elimination of the worst
forms of child labour has taken hold and begun to spread.

 Southern states like Tamil Nadu & Kerala and industrially developed state of
Haryana have been able to make good progress and their ratio of child labor
to total population in the country has been steadily declining and also has
been below the national average for the last three census periods.

 All the centrally administered union territories have showcased better

performance in this regard, having their ratio of child labour to total
population decreasing on a continuous basis.

 Among this Kerala is the only State where there is low incidence of child
labour.
 The fact being that the State has higher literacy rate which has been possible
through substantial investment in education sector. Kerala where the fertility rate is
lowest, has achieved highest literacy rates in the country and the incidence of child
labour is negligible.

 Recently there is an increase in the child labour force, owing to the migrant labour
increase.

 In previous decades, child labourers in Kerala were mostly from within the state
or from Tamil Nadu. Their numbers gradually reduced.

 Now the migrant children from states as far as Bengal, Jharkhand and Arunachal
Pradesh are coming to work in Kerala. There are no accurate statistics of these
migrant child workers as they are largely invisible, often working within homes,
cottage industries or in the back rooms of establishments. The migrant status of
these children makes them highly vulnerable.
 Data on identified child labour cases lie scattered across different government
departments, and it is not compiled.

 NGOs like Childline are getting cases of domestic work, bonded labour,
hazardous work, beggary, children employed in restaurants/dhabas and
families.

 Child workers who come to Kerala are from extremely deprived backgrounds,
either brought by parents themselves or trafficked by agents.

 In trafficking cases, agents collect big amounts from employers, and give only
a small lump sum amount to parents.

 Children are forced to work long, arduous hours, and often suffer physical
abuse, and sometimes even sexual abuse
 Patterns of child labour vary across districts. For instance, children have been
rescued from cottage industries in Kozhikode and Malappuram districts in
north Kerala. In Thrissur district, children below 14 years work in jewellery-
making industry and in shops, including in branded showrooms and malls. In
Ernakulam district, children aged 4-6 years are made to play nashik dhol, a
type of drum, and Children are also seen working in roadside eateries.
Children are used in hazardous work in plywood industries in the district as
well. In Trivandrum, there have been reported cases of migrant children
selling articles in tourist areas like Kovalam. Migrant children were also
reported to be working in plantations in Idukki district.

 Other than the migrant child labour, there are cases of tribal children being
used for work.

 While tribal boys are employed in cardamom, betel nut and palm fields, girls
are used for domestic work.
 Many are instances of forced labour, in Idukki and Wayanad districts.

 In the fishing community too, children tend to drop out of school and start
working in many districts. In catering industry, children through the day, work for
less than half the pay of an adult. Local children, especially those living in slums
and colonies, also do this work.

 A catering job often lasts through a weekend, during which the children work and
stay alongside adults. These children sometimes are exposed to homosexual
behaviour from adults, and to the use of drugs and alcohol.

 If they are found to be trustworthy, they may be used for carrying drugs, and later
as informers by sand mafia or even „quotation' gangs.

 CWC (Child Welfare Committee) gets at least one case per week of a child using
drugs, and that many of these children were introduced to drugs through catering
work.
 Adolescents also work in baking units which has a high demand for
manpower, as well as in painting jobs where they get exposed to chemicals.

 Activists say that child labour here is not due to lack of awareness, but because
children can be exploited easily. They can be made to work for a longer time
compared to adults, will not talk back, and can substitute for local labour
power that has been steadily declining.
 5.4 Dalits and Adivasis – Right to Development and Shelter
 Caste in India is a social phenomenon that is extraordinarily difficult to define
because of the diversity of its nature.

 In the villages the caste system is deep rooted and life is widely affected by it, as
caste is “rooted in the religious order and may be thought of as a hierarchy of
hereditary, endogamous, occupational groups with positions fixed and mobility
barred by ritual distance between each caste”.

 The caste system has created impregnable walls between groups of human beings
where birth solely determines the social position in society. This social position is
whereby one is born into a certain caste because of his/her doing in the previous
life

 In his view, the caste system is one of the worst forms of societal violations of
human rights in India even today.
 This ancient tradition has been passed on down the age and it has a significant
impact of the life of the rural people even today.

 People belonging to the lower castes are forced to live separately, away from the
upper castes, mostly in the out skits of villages.

 They are often denied the right to vote and they are also forces to work without
any remuneration and treated as bonded labourers. Therefore what one sees is the
age-old caste system which is still being practiced in its most humiliating form.

 In the traditional varna system, the fifth category is the untouchable or outcaste

 Mahatma Gandhi gave them the name „Harijanas’ which means „Children of God‟.
 In India social exclusion is practiced on the base of caste.

 Due to chaturvarnya the shudras could not receive education, they could not think
out or know the way to their salvation they were condemned to be lowly and not
knowing the way of escape and not having the means of escape they became
reconciled to eternal servitude, which they accepted as they inescapable fate.

 After independence members of the group prefer to call themselves Dalits

meaning oppressed.

 Dalits are subjected to social, economical, political and cultural exclusion due to
deeply imbedded social practices.

 Dalits are socially and physically separate they most live in outside areas of the
village in rural areas and in specified areas in cities.
 They are denied basic human rights; not allowed to own property rights and to
use public and common properties such as the wells, tanks and temples.

 After India‟s independence when India declared itself as a democratic nation

with a written constitution, in which the practice of social exclusion in the
form of untouchability is been eradicated and made it as a punishable offence
under article 16, 17 and 18 and have made several developmental provision for
the Dalits.

 In spite of all this, the practice of social exclusion and discrimination has
been practiced in one or the other form and it still exists in a newer forms and
strategies.

 The assignment of civil and economic rights is, unequal and hierarchical.
 The instruments of social ostracism and the caste system are reinforced
further with justification and support from philosophical elements in the
Hindu religion.

 Upper caste people at the top of the social order enjoys more rights at the
expense of those located at the bottom of the caste hierarchy and have fewer
economic and social rights. The untouchables who are at the bottom of the
caste hierarchy suffered the most from unequal assignments and entitlements
of rights.

 The untouchables suffered from social exclusion and discrimination involving

certain rights which include civil, cultural, religious and economic rights.

 Dalit‟s right to enter in public places like temples, schools, hospitals, housings,
etc. are practicing with restrictions and they are discriminated in educational
institutions.
 Discriminations in schools take the form of denial of access to education and
thereby skill development does not happen among the Dalit children.

 This reduces the quality of human resources and thereby the employability
for quality jobs and forces them to fall back on low earning manual wage labor
in farming and non farming activities.

 Denial of education leads to high rate in illiteracy, low functional literacy and
high dropout rates and limited skill development, high representation in
menial jobs, low wages, low income and ultimately high poverty.

 The Dalits are made to practice some identifiable cultural practices which
separate them from the society like separate gods, marriage system, the
cremation system and different food culture from the other people of the
society.
 Denial of equal rights and opportunities to the low caste groups, assets like
agricultural lands, non-land assets, employments, social needs like education,
health, housing and others which leads to lower income and high poverty
among the Dalits.

 In economic exclusion the Dalits or the members of excluded group are

denied for jobs, they were denied of purchase and sale, assigned lower wages,
the Dalits were forced to pay high interest for the loans taken in credit
markets, etc. occurs.

 While availing health facilities they were denied admission in the primary
health centres, refused to visit their homes, denied of giving information
about health facilities, lack of care leading to requirement of private medical
attention for low income groups, etc.
 Dalits are denied to practice their political rights such as right to participate in
the political process like elections and other programmes. They were denied
of justice, freedom of expression and rule of law.

 The constitution of India has made certain provisions to empower the Dalits
politically but the exclusion has made them to think for newer ways of
political participation. Because giving representation to the weak candidates
from the Dalit community was one of the strategy followed by the political
parties.

 In reserved constituencies the upper caste people decides the Dalit candidate
who will represent the upper caste interest. Due to this the Dalits can‟t elect
their representative who can participate on their behalf in the policy making.

 In the case of Kerala's Dalits, although they were integral to agrarian

production, they were prevented from owning land in the traditional caste
society.
 This situation did not change in any substantial manner with the introduction
of land reforms in the late 1960s and early 1970s. These reforms made former
tenants - mostly upper and middle-caste citizens - land owners, as they could
prove their status as tenants by presenting rent receipts.

 Dalits, as labourers, could not stake such claims on land. As a result, Dalits
were given ownership of tiny plots of land that housed their huts.

 The total area of land that they could own under the rules of land reforms
varied from 0.04 hectares in villages to 0.02 hectares in urban areas.

 This legal denial of ownership and access to land meant that Dalits would
never evolve as land-owning peasants despite their continued role in agrarian
society.
 More recently, scholars have drawn attention to the landlessness of Dalits
and Adivasis that has rendered large segments of these social groups
incapable of participating in the developmental process, and to the land
struggles that have ensued as a result over the past decade

 In 1975, a law passed by Parliament made it mandatory for the Government

of Kerala to restore alienated lands to Adivasis who had lost out due to the
in-migration of peasant communities from other parts of Kerala, who had
access to better agricultural technologies, capital and organisational skills.

 These new settlers had a different notion of land that was directly related to
property and ownership, a concept that Adivasis had not yet acquired.
 Under such circumstances, Dalit and Adivasi activists from various parts of
Kerala began their movement in 2000 in claiming land for the landless
Adivasis.

 With the formation of the Adivasi Gotra Maha Sabha (the Grand Council of
Adivasis), movements developed to occupy excess lands held by the
Department of Forests and big plantations as well as lands under government
control which were meant to be redistributed among landless people.

 These mobilisations, which began in the late 1990s, were new to Kerala's
polity as they were organised by Dalit and Adivasi activists and not controlled
by political parties.
Unit 6
New dimensions of Human rights
● The recognition of new horizons of human rights are vital for a nation state to build
peace, harmony and development with in its territory
● The Vienna conference on human rights in 1993 put forth the important relationship
between development, democracy and human rights.
● Thehe preference of economic development of modern Nation States left the
vulnerable population with extreme poverty and unequal resource distribution which
brought new dimension to human rights.
Right to development
● Development is defined as the upside movement of an individual as well as a social
system.
● Post 1970 developmental discourses showed a shift from „economic‟ to 'non-
economic‟ aspects of developments such as Education, Health care, Environmental,
Gender etc.
● The fundamental position of right to development approach is that 'It must begin
and end with a concern for human conditions and a collective international
responsibility.’ which are the two pillars of right to development.
● International Conference on human rights held in Tehran (May 1986), hold the view
that right to development is a fundamental human need.
● Declaration on the right to development was Incorporated in the UN by a majority in
1986.
Media in Protecting Human Rights
● The impact of media on society today is beyond doubt and debate.
● Role of medias in protecting human rights are as follows
○ Help people aware of their rights
○ Expose the violations of right
○ Focus attention on people and Areas in need of the protection
○ Propagation of peace, Non violence, Disarmament, Ecological Balance etc.
○ Give publicity to individuals and organisations who fight for human rights.
○ Making the authorities to aware of their duties.
Globalization and Human Rights
Positive effects

● The spread of liberal democracy with globalization also carries the idea of human rights
across the borders.
● Information technology strengthening human rights.
● Globalization brings a universalism to human rights in 3 ways
a. It refers to the claims about the universal validity as well as the moral justification for human rights.
b. It describes the status of human rights in international law.
c. It refers to the generality of human rights to human beings.
Globalization and Human Rights
Negative Effects

● The concept of 'human rights‟ only have a minimalist role in a globalized world.
● The rising inequality brought by globalisation cannot sync with human rights.
● The ideas of indigenous people's right, local democracy, local development are all have
been tampered by the west inspired mega developmental project.
Civil war
● Defined as the societal conflicts that occurs with in a country.
● It may occur either retain power (State sponsored) or snatch it (Against the state -
government)
● Civil wars are extra legal because violence is the key element of the struggle.
● There are mainly 2 types of civil war
1. Spontaneous civil war
○ Instability in political system leads to spontaneous outbreak of civil wars.
2. Planned civil war
○ Deliberately structured systematic struggle to overthrow a government and hence gain
authority and legitimacy.
Civil war
There are two major reasons behind a planned civil war

1. When government continuously crushing the means of grievance redressal system with
the use of force.
2. People loss faith in all peaceful grievance redressal system and hence choose violence as
a means to resolve their problems.
Civil war
Planned civil war have three major phases.

1. Building up a structure of resistance movement

○ Violence may be sporadic and un coordinated.
○ Geographical layout, community feelings such as tradition and customs, method of operation,
population etc. All would take into account.
○ Structural elements such as civil leadership, Military Head quarters, Intelligence, communication,
propaganda, Cadres, logistic support, Fighting arms(Guerilla), service providers (medical care,
Documentation etc.) would be fixed.
2. Application of violence
○ Guerilla activities including underground duties and sabotage will start against various agents of
government including police stations, Government offices etc.
○ Gather the support of common masses through violence and propaganda.
○ Using human rights violation as a weapon against state.
3. Result - Either they gain power or may destroyed in the bargain.
Terrorism
● Derived from the French word 'terrorisme‟ which initially refferd to state terrorism
during 1793-94 under „reign of terror‟.
● Last 30 years shown an upsurge in the growth of international terrorism.
● Always acts against the public having different religious or political desires.
● Main reason behind the terrorism is the structural exploitation of the system.
● UN general secretary in his report (2004 November) defined terrorism as Any act
intended to cause death or serious bodily harm to civilian or non combatants
with the purpose of intimidating a population or compelling a government or an
international organisation to do/abstain from doing any act.
● The term terrorism has been used by many political organization to achieve their aims
(ANC leader Nelson Mandela at one point branded as a terrorist)
Terrorism
Types of Terrorism

1. Political terrorism
a. Use of terror for a political gain
b. Both government and non governmental groups political terror as a weapon.
2. Nuclear terrorism
a. Use of different types of nuclear materials by the terrorists.
b. Planting a conventional bomb with radio active materials are also an example of nuclear terrorism.
3. Religious terrorism
a. Based on faith oriented tenets.
b. Using violence to achieve/spread religious goals.
4. Bio terrorism
a. Affect public through Information Technology to get attention
Terrorism
Causes of Terrorism
● Political (Illegal migrant‟s issues, failure of government etc.)
● Economic Causes ( Inequality, Unemployment, Starvation etc.)
● Ethnic causes
● Religious causes

Impacts of Terrorism

1. Psychological impact
○ Fear based oppression
2. Economic impacts
○ Lower GDP by negatively affecting consumer spending, Investment, Tourism etc.
The Right to Peace
● 1984 November 12 UNGA(UN General Assembly) declared
○ People of this planet have a sacred right to peace.
○ It is the fundamental obligation of States to promote and ensure the peace of people.
● 1999 declaration by UN put forth the importance to establish a culture of peace
throughout the world.
● After classical rights and Social rights, Right tp peace is considered as the 3rd generation
right.