UNIT – 4 (Vulnerable Groups)

WOMEN
➢ Article 1 of the Charter proclaims that one of the purposes of the United
Nations is to achieve international cooperation in promoting and encouraging
respect for human rights and fundamental freedoms for the people without
distinction as to race, sex, language or religion.
➢ As there continued to exist considerable discrimination against women
primarily because women and girls face a multitude of constraints imposed by
society, not by law. It violated the principle of equality of rights and respect for
human rights.
➢ The General Assembly on November 7, 1967 adopted a Declaration on the
Elimination of Discrimination Against Women, and in order to implement the
principles set forth in the Declaration, a Convention on the Elimination of All
Forms of Discrimination Against Women (CEDAW) was adopted by the
General Assembly on December 18, 1979 after five years of consultations with
the Commission on the Status of Women (CSW).
➢ The Convention often described as an International Bill of Rights for Women
came into force on September 3, 1981, As of February, 2022 the Convention
has 189 States Parties
Meaning of “Discrimination against Women”
The Convention under Article 1 defines the term "discrimination against women"
as any distinction, exclusion or restriction made on the basis of sex which has the
effect or purpose of impairing or nullifying the recognition, enjoyment or exercise
by women, irrespective of their marital status, on a basis of equality of men and
women, of human rights and fundamental freedoms in the political, economic,
social, cultural, civil or any other field.
The Convention under Part III lays down a number of fields where women which
includes the following:
(1) Education
✓ The Convention under Article 10 provides that women shall be provided
same conditions for careers and vocational guidance as to that of men.
✓ They shall be provided same access to studies for the achievement of
diplomas in educational establishments of all categories in rural as well
as in urban areas.
(2) Employment
✓ The Convention under Article 11 provided that States Parties shall take all
appropriate measures to eliminate discrimination against women in the field
of employment providing the same rights, in particulars
 • Right to Work
• Right to same employment opportunities
• Right to free choice of profession and employment
• Right to equal remuneration including benefits and equal treatment in
respect of work of equal value as well as equal treatment in evaluation
of quality of work
• Right to social security particularly in cases of retirement,
unemployment, sickness, invalidity and old age and other incapacity
to work, as well as the right to paid leave
• Right to protection of health and to safety in working conditions.
There shall be no discrimination against women on grounds of
marriage or maternity.
(3) Health Care
✓ The Convention under Article 12 provides that States Parties shall take steps
to eliminate discrimination against women in the field of health care, access
to health care services, including those related to family planning.
(4) Economic and Social Life
✓ Article 13 of the Convention provides that discrimination against women
shall be eliminated in other areas of economic and social life. They shall be
provided, the same rights as to that of men in particular
• the right to family benefits
• the right to bank-loans, mortgages and other forms of financial credit
• the right to participate in recreational activities, sports and all aspects of
cultural life.

(5) Women in Rural Areas

✓ Article 14 provided elimination of discrimination against rural areas. States
Parties are required to ensure such women the right
• to participate in the collaboration and implementation of development
planning at all levels
• to have access to adequate health care facilities, including information,
counselling and services in family planning
• to benefit directly from social security programmes
• to obtain all types of training and education, formal and non-formal,
including that relating to functional literacy, as well as, inter alia, the
benefit of all community and extension services, in order to increase their
technical proficiency
• to organise self-help groups and cooperatives in order to obtain equal
access to economic opportunities through employment or self-
employment;
 • to participate in all community activities
• to have access to agricultural credit and loans, marketing facilities,
appropriate technology and equal treatment in land and agrarian reform
as well as in land resettlement schemes
• to enjoy adequate living conditions.
(6) Equality before Law
✓ Article 15 of the Convention provides that 'States Parties shall accord to
women equality with men before the law.
✓ Women shall have equal rights to conclude contracts and to administer
property and State Parties shall treat them equally in all stages of procedure
in courts and tribunals.
✓ State Parties agree that all contracts and all other private instruments of any
kind with a legal effect which is directed at restricting the legal capacity of
women shall be deemed null and void.
✓ State Parties shall accord to men and women the same rights with law
relating to the movement of persons and the freedom to choose their
residence and domicile.
(7) Marriage and Family Relations
✓ Article 16 provides that States Parties shall take all measures to eliminate
discrimination against women in all matters relating to marriage and family
relations.
✓ Women shall be provided
• the same right to enter into marriage
• the same rights, and responsibilities during marriage and at its
dissolution
• the same rights and responsibilities as parents, in matters relating to
their children. In all cases the interests of children shall be paramount
• the same rights to decide freely and responsibly on the number and
spacing of their children and to have access to the information,
education and means to enable them to exercise their rights
• the same rights and responsibilities with regard to guardianship,
wardship, trusteeship and adoption of children
• the same personal rights as husband and wife, including the right to
choose a family name, a profession and an occupation
• the same rights for both spouses in respect of the ownership,
acquisition, management, administration, enjoyment and disposition of
property, whether free of charge or for a valuable consideration
States Parties to the Convention condemned discrimination against women in
all its forms and agreed to pursue by all appropriate means to eliminate
discrimination against women and, to this end they undertook:
➢ To embody the principle of the equality of men and women in their national
Constitutions or other appropriate legislation if not yet incorporated therein;
➢ To adopt appropriate legislative and other measures prohibiting all
discrimination against women;
➢ To establish legal protection of the rights of women on an equal basis with men
➢ To refrain from engaging in any act or practice of discrimination against women
➢ To take all appropriate measures to eliminate discrimination against women by
any person, organisation or enterprise.
➢ To repeal all national panel provisions which contribute
discrimination against women.
Conferences on Women
➢ In addition to the above Conventions three Conferences were held during the
U.N. sponsored International Women's Decade (1976-1985) Mexico City, 1975;
✓ Copenhagan, 1980
✓ Nairobi, 1985
✓ Fourth World Conference on Women held in Beijing in 1995
➢ They have greatly enhanced international awareness of the concerns of women
and provided the groundwork for invaluable links between the national
women's movements and the international community.
➢ In the Nairobi Conference, Forward Looking Strategies for Women to the year
2000 was produced but that could not be implemented adequately in many
areas though there were clear signs of progress in the areas of education, health
and access to employments.
➢ The effective implementation of the goals and objectives of the Beijing
Declaration and Platform for Action and the outcome of the twenty-third special
session of the General Assembly was reiterated by the 2005 World Summit
Outcome.
➢ The Summit resolved to promote gender equality and eliminate pervasive
gender discrimination by
1. eliminating gender inequalities in primary and secondary education by the
earliest possible date and at all educational levels by 2015
2. guaranteeing the free and equal right of women to own and inherit property
and ensuring secure tenure of property and housing by women;
3. ensuring equal access to reproductive health
4. promoting women's equal access to labour markets, sustainable
employment and adequate labour protection
 5. ensuring equal access of women to productive assets and resources,
including land, credit and technology;
6. eliminating all forms of discrimination and violence against women and girl
child
7. promoting increased representation of women in government decision
making bodies, including through ensuring their equal opportunity to
participate fully in the political process.
Beijing Conference (1995)
➢ The Fourth World Conference on Women, held in 1995 (4-15 September,
1995) in Beijing, commonly called Beijing Conference stated that 'Women's
rights are human rights',
➢ The Conference called for the integration of women's human rights in the
work of the different human rights bodies of the United Nations. It
considered issues of violence against women in public and private life as
human rights issues.
➢ The Conference also called for the eradication of any conflicts which may
arise between the rights of women and the harmful effects of certain
traditional or customary practices, cultural prejudices and
religious extremism.
➢ The effective implementation of the goals and objectives of the Beijing
Declaration and Platform for Action and the outcome of the twenty-third
special session of the General Assembly was reiterated by the 2005 World
Summit Outcome.
➢ The Summit resolved to promote gender equality and eliminate pervasive
gender discrimination by
✓ eliminating gender inequalities in primary and secondary education by
the earliest possible date and at all educational levels by 2015
✓ guaranteeing the free and equal right of women to own and inherit
property and ensuring secure tenure of property and housing by women;
✓ ensuring equal access to reproductive health
✓ promoting women's equal access to labour markets, sustainable
employment and adequate labour protection
✓ ensuring equal access of women to productive assets and resources,
including land, credit and technology
✓ eliminating all forms of discrimination and violence against women and
girl child
✓ promoting increased representation of women in government decision
making bodies, including through ensuring their equal opportunity to
participate fully in the political process.
Status of Women in India
1. Statutory Provisions
➢ Article 14 which provides that "The State shall not deny to any person
equality before the law or the equal protection of the laws within the territory
of India.
➢ The Constitution also provides under Article 15 that every female citizen has a
right to access to shops, public restaurants, hotels and places of public
entertainment and no restriction can be imposed on female citizens with
regard to the use of wells, tanks, bathing ghats, roads and places of public
resort maintained wholly or partly by State funds.
➢ Article 16 of the Constitution provides that there shall be equality of
opportunity for all citizens (including women) in matters relating to
employment or appointment to any office under the State
➢ The Constitution was amended in 1992 to reserve 33 per cent of the seats in
their favour in Panchayats [Article 243D] and Municipalities [Article 243T].
➢ The Constitution has also cast the duty on every citizen to renounce practices
derogatory to the dignity of women [Article 51-A(e)]
➢ Protection of Women from Domestic Violence Act, 2005-
✓ The Beijing Declaration and the programme of action has regarded
domestic violence as a human right issue and a serious deterrent to
development.
✓ In order to provide effective protection of the rights of women who are
victims of violence of any kind occurring within the family, the Protection
of Women from Domestic Violence Act, 2005 was enacted by the
Parliament.
✓ Domestic violence has been defined by the Act under Section 3 as any act,
omission or commission or conduct of the respondent shall constitute
domestic violence in case it
• harms or injures or endangers the health, safety, life, limb or well being,
whether mental or physical, of the aggrieved person or tends to do so and
includes causing physical abuse, sexual abuse, verbal and emotional
abuse and economic abuse
• harass, harms, injures or endangers the aggrieved person with a view to
coerce her or any other person related to her to meet any unlawful
demand for any dowry or other property or valuable security
• has the effect of threatening the aggrieved person or any person related to
her by any conduct mentioned in clause harm, whether physical or
mental, to the aggrieved person.
✓ A police officer, Protection Officer, service provider or Magistrate who has
received a complaint of domestic violence or is otherwise present at the
 place of an incident of domestic violence or when the incident of domestic
violence is reported to him, shall inform the aggrieved person
• of her right to make an application for obtaining a relief by way of a
protection order, an order for monetary relief, a custody order, a
residence order, a compensation order or more than one such order
under this Act
• of the availability of services of service providers
• of the availability of services of the Protection officers
• of her right to free legal services under the Legal Services Authority
Act, 1987
• of her right to file a complaint under Section 498-A of the Indian Penal
Code, wherever relevant.
2. Landmark Case Laws
➢ Air India Vs Nergesh Meerza,1981 at Pg 1829
✓ The Supreme Court struck down the provision of the rules which stipulated
the condition that services shall be terminated on her first pregnancy as
unconstitutional.
✓ The Court stated that "it seems to us that the termination of the services of
an air hostess under such circumstances is not only a callous and cruel act
but an open insult to Indian womanhood-the most sacrosanct and cherished
institution."
✓ However, restriction on Air Hostess not to marry within four years of
service was held reasonable.
➢ Maya Devi Vs State of Maharashtra, 1986 at Pg 743
✓ The requirement that a married woman should obtain her husband's
consent before applying for public employment was held invalid and
unconstitutional.
✓ It was observed that such a requirement is an anachronistic obstacle to
women's equality.
➢ Pratibha Rani Vs Suraj Kumar, 1985 at Pg 628
✓ It was held by the Supreme Court that it cannot be said that upon
entering into matrimony the Stridhan property of the married women
has to be placed in the custody of her husband.
➢ In Githa Hariharan Vs Reserve Bank of India, 1999 at Pg 1149
✓ The Supreme Court while interpreting the word 'after' used in Sec. 6 of
the Hindu Minority and Guardianship Act, 1956 held that the mother
could be the guardian in absence of the father.
 ➢ Vishakha and Others Vs State of Rajasthan, 1997 at Pg 3011
✓ “It is now an accepted rule of judicial construction that regard must be
had to international conventions and norms for construing domestic law
when there is no inconsistency between them and there is a
void in domestic law”
✓ Later, in order to ensure proper implementation of the guidelines
stipulated in Vishaka case an Act entitled the Sexual Harassment of
Women at Workplace (Prevention, Prohibition and Redressal) Act was
enacted in 2013 (No. 14 of 2013)
✓ It defines sexual harassment under Section 2(n) as it includes any one or
more of the following unwelcome acts or behaviour (whether directly or
by implication) namely
• physical contact and advances
• a demand or request for sexual favours;
• making sexually coloured remarks;
• showing pornography,
• any other unwelcome physical, verbal or non-verbal conduct of
sexual nature.
✓ Section 3(2) of the Act further provided that implied or explicit
promise of preferential treatment in her employment for sexual
gratification would also constitute an offence under the law.
3. India & CEDAW
➢ India has ratified the Convention on the Elimination of All Forms of
Discrimination Against Women (1979) on July 9, 1993.
➢ Ratification of the Convention obliges India to honour the obligations
imposed by the Article 2(e) of CEDAW enjoins the State Parties to breathe
life into the dry bones of the Constitution, International Conventions and the
Protection of Human Rights Act, to prevent gender-based discrimination and
to effectuate right to life including empowerment of economic, social and
cultural rights.
➢ Article 2(f) read with Articles 3, 14 and 15 of CEDAW embodies
concomitant right to development as an integral scheme of the Indian
Constitution and the Human Rights Act.
➢ It is therefore desirable that the enabling legislature is enacted to give legal
effect to the Convention so that discrimination against women which exists
due to legal, social and cultural traditions is eliminated.
➢ Rights provided therein will remain meaningless to a large number of women
due to their poverty, ignorance and illiteracy.
 ➢ India while ratifying the Convention made two declarations and a
reservation.
✓ The first declaration reads with regard to Articles 5(a) and 16(1) of the
CEDAW, the Government of the Republic of India declares that it shall
abide by and ensure those provisions with conformity with its policy of
non-interference in the personal affairs of any community without its
initiative and consent.
✓ The second declaration states with regard to Article 16(2) of CEDAW,
the Government of the Republic of India declares that though in
principle it fully supports the principle of compulsory registration of
marriage, it is not practicable in a vast country like India with its variety
of customs, religions and level of literacy.
✓ In addition to the above declarations, India made a reservation by
stating that it does not consider itself bound by paragraph 1 of Article
29 of the Convention which relates to settlement of disputes
through arbitration.

CHILD
Key Points on Child Rights and Protections
International Provisions
• Universal Declaration of Human Rights: Article 25, Para 2 stipulates special
care and assistance for childhood.
• Convention on the Rights of the Child (CRC):
o Adopted on November 20, 1989; effective September 2, 1990.
o Defines a child as anyone below 18 years unless majority is attained earlier
(Article 1).
o 196 State Parties as of February 2022.
Rights under the CRC:
• Right to life (Article 6, Para 1).
• Right to acquire nationality (Article 7).
• Right to freedom of expression (Article 13).
• Right to freedom of thought, conscience, and religion (Article 14).
• Right to association and peaceful assembly (Article 15).
• Right to privacy (Article 16).
• Right to family environment (Article 20).
• Right to education (Article 28).
• Right to social security (Article 26).
• Adequate standard of living for physical, mental, and social development
(Article 27).
• Highest attainable standard of health and healthcare facilities (Article 24).
• Protection from arbitrary interference with privacy and family (Article 16).
• Protection from child labor (Article 32), sexual exploitation (Article 34),
abduction, sale, and trafficking (Article 35).
Optional Protocols to the CRC:
1. Children in Armed Conflict:
o Adopted May 25, 2000; in force February 12, 2002; 172 State Parties as of
February 2023.
o Prohibits compulsory recruitment under 18; voluntary recruitment allowed
under strict safeguards.
2. Sale of Children, Child Prostitution, and Child Pornography:
o Adopted January 18, 2002; 178 State Parties as of February 2023.
o Criminalizes related offenses; India ratified on April 16, 2005.
3. Communication Procedure:
o Adopted December 19, 2011; effective April 14, 2014; 50 State Parties as of
February 2023.
Child Labour:
• As of 2000, 211 million children aged 5-14 work globally, with 50-60 million in
hazardous conditions.
• ILO Conventions prohibit child labor and regulate minimum working
conditions:
o ILO’s Worst Forms of Child Labour Convention (No. 182, 1999) in force
since November 19, 2000.
Steps Taken by UN Bodies:
• International Programme on the Elimination of Child Labour (IPEC).
• Special Rapporteurs on child exploitation and trafficking.
India's Measures
• Constitutional Provisions:
o Article 24: Prohibits child labor below 14 years in hazardous occupations.
o Article 45: Mandates free and compulsory education for children up to 14
years.
Legislations Against Child Labor:
• Factories Act, 1948.
• Mines Act, 1952.
• Motor Transport Workers Act, 1961.
• Beedi and Cigar Workers (Conditions of Employment) Act, 1966.
• Child Labour (Prohibition and Regulation) Act, 1986.
Commission for Protection of Child Rights Act, 2005:
• Examines safeguards and policies on child rights.
• Investigates violations, promotes child rights literacy, and inspects custodial
homes.
World Summit for Children, 1990
• Goals for 1990-2000:
 o Reduce under-five mortality by one-third or below 70 per 1,000 live births.
o Halve maternal mortality and malnutrition among under-fives.
o Universal access to safe drinking water, sanitation, and primary education.
o Improved protection for children in difficult circumstances.\

Migrant Workers
Article 2 of the Convention as a person who is to be engaged or has been engaged
in a remunerated activity in a State of which he or she is not a national.
Rights of the Migrant Workers
A number of rights have been provided to all migrant workers and members of
their families which include the following:
• Freedom of Movement and Residence
o Right to leave any State, including their State of origin, without restrictions
(Article 8, Para 1).
o Right to enter and remain in their State of origin (Article 8, Para 2).
• Right to Life and Protection
o Right to protection of life under the law (Article 9).
o Protection from torture, cruel, inhuman, or degrading treatment or punishment
(Article 10).
• Prohibition of Exploitation
o Forbidding slavery or servitude (Article 11, Para 1).
o Forbidding forced or compulsory labor (Article 11, Para 2).
• Freedom of Thought and Expression
o Right to freedom of thought, conscience, and religion (Article 12).
o Right to hold opinions without interference (Article 13, Para 1).
o Right to freedom of expression (Article 13, Para 2).
• Privacy and Property Rights
o Protection from arbitrary or unlawful interference with privacy, family, home,
correspondence, or communications (Article 14).
o Protection from arbitrary deprivation of property (Article 14).
• Liberty and Security
o Right to liberty and security of person (Article 16, Para 1).
o Protection against violence, physical injury, threats, or intimidation by public
officials or private individuals (Article 16, Para 2).
o Protection from arbitrary arrest or detention (Article 16, Para 4).
o Right to information regarding legal rights while under arrest, detention, or
custody (Article 16, Paras 5 and 7).
• Equality Before the Law
o Right to equality with nationals of the State before courts and tribunals
(Article 18).
• Protection of Migrant Workers
o No imprisonment of migrant workers or their families solely for failure to
fulfill a contractual obligation (Article 20).
o Each expulsion case must be examined individually; collective expulsion is
illegal (Article 22).

Disabled Persons
➢ According to World Health Organisation about 15 per cent of the World's
population, i.e., about 650 million, women and children in the World with some
form of disability and the number is continually growing.
➢ Most of them live in the developing World. As per the Census of 2011, in India,
out of the 121 crore population, about 2.68 crore are disabled which is 2.21 per
cent of the total population.
➢ They suffer from discrimination and lower standard of living.
➢ They are often denied basic educational opportunities and often given menial or
poorly paid jobs.
General Obligations of State Parties
The Convention also provided general obligations to the States Parties for the full
realisation of all human rights and fundamental freedom for all persons with
disabilities. For instance, States Parties shall undertake:
• Adopt legislative, administrative, and other measures to implement these rights.
• Modify or abolish laws, regulations, customs, and practices that discriminate
against persons with disabilities.
• Incorporate the protection and promotion of rights of persons with disabilities
into all policies and programs.
• Refrain from practices inconsistent with the Convention.
• Ensure public authorities and institutions act in conformity with the
Convention, particularly regarding economic, social, and cultural rights.

Committee on Rights of Persons with Disabilities

o Initially comprised of 12 experts.
o The membership increases to 18 experts once an additional 60 States ratify the
Convention.
o Members are elected by the States Parties to the Convention.
o Each member serves a term of four years.
o It examines reports submitted by States Parties on measures taken to
implement the Convention and the progress made.
o States Parties must submit their initial report within two years of the
Convention's entry into force for them.
o The Committee may provide suggestions and general recommendations
based on these reports. These recommendations are forwarded to the respective
States Parties for further action.

Ratification by India
➢ India ratified the CRPD on October 1, 2007, aligning its laws with the
Convention.
➢ Rights of Persons with Disabilities Act, 2016, replaced the 1995 Act.
➢ Defined persons with disabilities as those with long-term physical, mental,
intellectual, or sensory impairments that hinder full societal participation.
➢ Defined benchmark disability as having at least 40% of a specified disability,
certified by an authority.
➢ Ensures rights to equality, dignity, personal liberty, and community living.
➢ Prohibits discrimination, torture, abuse, violence, and exploitation.
➢ Provides rights to free legal aid, access to courts or tribunals, and the right to
own or inherit property.
➢ Mandates education for children with disabilities in government-funded or
recognized institutions.
➢ Introduces special provisions for persons with benchmark disabilities.
➢ Enhances empowerment, inclusion, and entitlement mechanisms for disabled
persons.

Senior Citizens
United Nations and the Ageing Population: A Global Concern

1. United Nations' Commitment to the Elderly

➢ The United Nations (UN) is not only concerned with improving the quality of
life for individuals but also with ensuring their longevity.
➢ As a result of decreasing death rates and increasing life expectancy, it is
projected that by 2020, over 1 billion people aged 60 and above will live
globally.
➢ This demographic shift, expected to occur over the next two decades, presents
significant challenges for all countries, particularly in addressing the needs of
the elderly while harnessing their contributions to development.
➢ The UN is dedicated to supporting nations in responding to the challenges
posed by an ageing population.
2. Early Debates and Initiatives
➢ 1948: The issue of ageing was first raised at the United Nations, initiated by
Argentina.
➢ 1969: Malta again brought the matter to international attention, highlighting the
growing importance of addressing the needs of the elderly.
➢ 1971: The UN General Assembly called on the Secretary-General to prepare a
comprehensive report on the elderly and propose guidelines for national and
international action.
3. The World Assembly on Ageing (1982)
➢ In 1978, the General Assembly decided to hold a World Conference on the
Ageing, which was hosted in Vienna from July 26 to August 6, 1982.
➢ At the conference, the International Plan of Action on Ageing was adopted,
marking a milestone in addressing the challenges of an ageing population.
Goal of the International Plan of Action on Ageing
➢ Strengthen the ability of individual countries to manage the challenges posed by
an ageing population.
➢ Address the special needs of the elderly, ensuring their well-being and active
participation in society.
➢ Promote understanding of the social, economic, and cultural implications of
ageing and related humanitarian issues.
4. Follow-up and Ongoing Efforts
➢ The International Plan of Action on Ageing was adopted by the UN General
Assembly in 1982, and since then, the Assembly has urged governments to
continue implementing its principles and recommendations.
➢ The Secretary-General has been tasked with ensuring effective follow-up to the
Plan's provisions.
5. International Day for Older Persons
➢ In 1990, the UN General Assembly designated October 1 as the International
Day for the Elderly, later renamed the International Day for Older Persons.
➢ This day serves as a reminder of the contributions of older persons to society
and emphasizes the need for continued efforts to address the issues related to
ageing populations globally.

General Assembly Resolution on 16th December 1991

Key Rights and Principles for Older Persons

1. Right to Work: Older persons should be able to work and decide when to
retire, without facing age discrimination.
2. Social Integration: They should be actively involved in society and
participate in policy-making that affects their well-being.
 3. Access to Healthcare: Older persons must have access to healthcare that
supports their physical, mental, and emotional health.
4. Opportunities for Development: They should have access to educational,
cultural, spiritual, and recreational activities for personal growth.
5. Dignity and Security: Older persons should live with dignity and security,
free from exploitation and abuse.

Second World Assembly on Ageing

The Second World Assembly on Ageing, held in Madrid in April 2002, adopted the
International Plan of Action and a Political Declaration, emphasizing the need to
integrate ageing issues into all development plans.
The Plan outlined three key priorities for older persons:
1. Older Persons and Development: This priority focused on integrating and
empowering older persons, enabling their active participation in society,
development, and the workforce.
2. Advancing Health and Well-being into Old Age: Ensuring better health and
well-being for older persons.
3. Enabling Supportive Environments: Creating environments that support
older persons in all aspects of life.

➢ Following the Madrid Plan, the General Assembly established the Open-Ended
Working Group on Ageing (OEWGA) in October 2010.
➢ The OEWGA's mandate is to review the existing international framework on
the human rights of older persons.
➢ Since its first session in September 2017, the OEWGA has held 8 sessions, each
aimed at clarifying issues related to older persons' rights and assisting members
in meeting their obligations under the Madrid Plan.
➢ A key topic of discussion has been the need for an international convention on
the rights of older persons.
Terrorism and Narco Terrorism
Law Notes on Terrorism and Narco-Terrorism
1. Terrorism: Definition and Scope
Terrorism refers to the unlawful use of violence and intimidation, especially
against civilians, with the aim of achieving political, ideological, or religious
objectives.
Terrorism is designed to create fear and destabilize societies, undermining
peace and security.
It is a transnational issue that requires coordinated global efforts for prevention
and response.
Key Characteristics:
• Violence and Intimidation: Terrorists often target civilians and non-
combatants to instill fear.
• Political, Religious, or Ideological Motivation: Terrorist acts are typically
carried out with the aim of changing political systems, advancing ideological
beliefs, or promoting religious doctrines.
• International Impact: Terrorism is not confined to any one region; it is a
global issue that affects the peace and security of countries worldwide.
Legal Framework on Terrorism
Internationally, the United Nations has set frameworks to combat terrorism:
• UN Global Counter-Terrorism Strategy (2006): A framework to enhance
international cooperation and prevent terrorist activities.
• International Conventions: There are several UN conventions, such as the
International Convention for the Suppression of the Financing of
Terrorism, which focus on criminalizing terrorist financing, as well as
targeting recruitment and training of terrorists.
In India, the Unlawful Activities (Prevention) Act (UAPA) of 1967, amended in
2004, plays a significant role in countering terrorism.
It empowers the Indian government to declare an organization as a "terrorist
organization" and allows for preventive detention in cases of terrorism.
2. Narco-Terrorism: Definition and Characteristics
Narco-terrorism refers to the use of drug trafficking to fund and support
terrorism.
It is a criminal activity that intertwines the illegal drug trade with violent extremist
groups, increasing both the scope and danger of terrorist activities.
In narco-terrorism, profits from drug trafficking are often funneled into the
operations of terrorist groups, which in turn use violence to protect their drug
routes and operations.
Key Features of Narco-Terrorism:
• Drug Trafficking: The drug trade serves as the primary financial resource for
terrorist groups, facilitating the spread of terrorism.
• Violence: Terrorist organizations use violence to control drug routes, eliminate
rival groups, and enforce their operations.
• Global Link: Narco-terrorism is a transnational issue that often involves the
cooperation of international criminal organizations and terrorist groups.
Legal Framework on Narco-Terrorism
• International Cooperation: The UNODC (United Nations Office on Drugs
and Crime) plays a central role in addressing the nexus between drugs and
terrorism. The 1988 UN Convention Against Illicit Traffic in Narcotic Drugs
and Psychotropic Substances provides guidelines for countries to cooperate in
combatting drug trafficking.
• National Efforts (India): India's Narcotic Drugs and Psychotropic
Substances Act (NDPS Act), 1985, provides the legal framework to combat
drug trafficking. Additionally, the Indian government has emphasized efforts to
curb the financial link between drugs and terrorism by targeting money
laundering and terror financing.
Impact and Challenges
• Security Threat: Both terrorism and narco-terrorism threaten national security
by destabilizing governments and promoting lawlessness.
• Human Rights Violations: Terrorist activities, particularly when funded by
drug trafficking, lead to widespread human rights abuses, including
displacement, civilian casualties, and suppression of freedoms.
• Economic Costs: Both terrorism and narco-terrorism disrupt economic
activities, deter foreign investment, and drain national resources for
counterterrorism measures.
The current trend of terrorism and narco-terrorism in India involves a complex
intersection of national security issues and criminal activities that severely affect
human rights and the rule of law. The Government of India has been addressing
these concerns with legal measures and national policies aimed at reducing their
impact on society.
Scenario in India
Terrorism in India has evolved, with a significant focus on insurgent
movements in Kashmir and Naxalism in central and eastern India.
The government has been proactive in combating terrorism through laws like
the Unlawful Activities (Prevention) Act (UAPA), the National Investigation
Agency Act (NIA Act), and the Anti-Terrorism Act (TADA) (now expired).
These legal frameworks empower the authorities to deal with terrorist activities,
but there have been debates about their potential misuse for curbing civil
liberties.
Notable instances include terror attacks like the 2001 Indian Parliament attack,
the 2008 Mumbai attacks, and others that involved cross-border terrorism.
Narco-Terrorism in India
Narco-terrorism refers to the nexus between drug trafficking and terrorism,
where revenues from narcotics are used to fund terrorism.
This issue is particularly significant in states like Punjab and Jammu &
Kashmir, where terrorist groups have historically used the drug trade to finance
their operations.
India’s Narcotic Drugs and Psychotropic Substances Act (NDPS Act) plays a
crucial role in countering this issue.
However, India faces significant challenges in controlling the drug trade,
especially along porous borders.
Landmark Supreme Court Cases:
1. Kashmir Terrorism - Shabnam v. Union of India (2019): In this case, the
Supreme Court addressed the issue of the impact of terrorism on civil liberties
and human rights, highlighting the balance between national security and
individual freedoms.
2. The Right to Life and Terrorism - People’s Union for Civil Liberties (PUCL)
v. Union of India (2013): This case questioned the use of anti-terrorism laws
like UAPA and the imposition of special security laws, focusing on the
protection of human rights while dealing with national security threats.
3. Narco-Terrorism - Union of India v. State of Punjab (2019): The Supreme
Court discussed the role of drug trafficking in financing terrorism, emphasizing
the need for stronger enforcement of anti-narcotics laws to curb narco-
terrorism.