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Case Study
Guantanamo Bay
Around 600 people were secretly picked up by the US forces
from all parts of the world and put in a prison in Guantanamo
Bay, an area near Cuba controlled by the American Navy.
The American government → said that these persons were
enemies of the US and linked to the attack on New York on 11
September 2001.
In most cases, their home countries were not asked or even
informed about their imprisonment.
Families of prisoners, the media and even UN representatives
were not allowed to meet them.
There was no trial before any magistrate in the US. Nor could
these prisoners approach courts in their own country.
Amnesty International, an international human rights
organization, collected information on the conditions of prisoners
in Guantanamo Bay and reported that the prisoners were being
tortured in ways that violated US laws. They were being denied
the treatment that even prisoners of war must get as per
international treaties.
Prisoners were not released even after officially being declared
non guilty. An independent inquiry by the UN supported these
findings.
The UN Secretary General said that the prison in Guantanamo Bay
should be closed down but the US government refused to accept
these pleas.
 Saudi Arabia
Saudi Arabia is ruled by a hereditary King and the people have no
role in electing their rulers.
The King → selects the legislature and executive. He
appoints the judges and can change any of their decisions.
Citizens cannot form political parties or any political organizations.
Media cannot report anything that the monarch does not like.
There is no freedom of religion → Every citizen is required to
be Muslim. Non Muslim residents can follow their religion in
private but not in public.
Women → are subjected to many public restrictions and the
testimony of one man is considered equal to that of two men.
Kosovo
Kosovo was a province of Yugoslavia before its split. In
Kosovo, the population was majority Albanian Muslim while in
the rest of Yugoslavia, Serbs were in the majoity.
A narrow minded Serb nationalist Milosevic had won
the elections. ↓
His government was very hostile to the Kosovo Albanians.
He wanted that Serbs dominate the country.
Many other Serb leaders thought that Ethnic minorities like the
Albanians should either leave the country or accept the
dominance of Serbs.
Kosovo Albanians were killed en masse by the army in a massacre
carried out by their own country's army at the directions of a
leader elected through democratic process.
Rights
Definition
What are rights → Rights are reasonable claims of
persons recognised by society and sanctioned by law.
Qualities of rights
Rights must be reasonable claims
All rights must be subject to reasonable restrictions
 One may not have the right to harm others or be harmed by
others
Rights must be recognised by society
Rights acquire meaning only when a society recognises
them
Recognition by society changes the notion and conception
of rights from time to time
Rights must be sanctioned by law
A right actually only becomes enforceable when it is
sanctioned by law
When sanctioned by law, a right is actually protected and
applicable
Importance of Rights ↓
Rights protect minorities from the oppression of the majority
Rights are guarantees which can be used when things go wrong
Rights promote equality and justice in society
Rights empower individuals to participate fully in civic life
Rights allow individuals to fully express themselves
Need for Fundamental Rights ↓
Sometimes, even elected governments may wish to curtail or
restrict the rights of persons
Thus, some rights need to be placed higher than the government
These rights are the fundamental rights
Fundamental Rights
Right to Equality
The Constitution of India says that → the government shall
not deny to any person in India equality before the law or
equal protection of the laws. Thus, every citizen is equal
before the law.
There cannot be any distinction between persons over the
application of laws whether they be political leaders,
government officials or ordinary citizens.
 The government shall not discriminate against any citizen on the
grounds of sex, race, caste, religion or place of birth.
Every citizen must have equal access to public places like shops,
restaurants, hotels, cinema halls, etc.
There shall not be any restriction with the regard to use of wells,
bathing ghats, roads, playgrounds and places of public resort
maintained by the government or dedicated to the use of general
public.
All citizens have equality of opportunity in matters relating to
employment or appointment to government services.
Exceptions to the Right to Equality
The Government has provided reservations for members of
Scheduled Castes, Scheduled Tribes or Other Backward
Classes
Government has different schemes to give preference to
women, poor or the physically disabled in certain kinds of jobs
Legality of Exceptions
The exceptions(reservations) to the right to equality are not in
violation of the right as equality does not mean that all persons
be given the same treatment rather it means all persons be
given equal opportunity to achieve whatever they are capable
of
Sometimes, it is necessary to give special treatment to
someone in order to ensure equal opportunity
Right to Freedom
The Constitution of India grants all citizens six freedoms
under the Right to Freedom ↓
Freedom of speech and expression
Freedom to assemble peacefully
Freedom to form associations or unions
Freedom to move freely throughout the territory of India
Freedom to reside and settle in any part of the territory of
India
Freedom of profession, occupation, trade, or business
Freedom is the absence from constraints and the absence of
interference in one's life. Freedom is a right to do as one wishes
as long as his/her actions are not injurious to other persons or
society.
Restrictions to the Right to Freedom
Freedom of speech
One may not instigate violence against other persons or
disrupt society
One may not incite the violent overthrow of the government
One may not cause harm to the reputation or dignity of
others
Freedom of assembly
One may not cause public disorder
One may not assemble violently or carry arms
Freedom of association
One may not associate or affiliate with terroristic
organizations
Freedom of movement
One may not travel unsolicited to protected or restricted
areas of the Union of India
Freedom of abode
One may not reside in restricted parts of the Union of India
One may not reside unsolicited in protected parts of the
Union of India
Freedom of profession, occupation, trade or business
One may not practice a profession, occupation, trade or
business which is injurious to the rights, dignity or health of
other persons
Rights of accused persons
A person who is arrested and detained in custody will have to
be informed of the reasons for such arrest and detention
A person who is arrested and detained shall be produced
before the nearest magistrate within 24 hours of arrest
 Such a person has the right to consult a lawyer or engage a
lawyer for his defence.
Right Against Exploitation
The Constitution grants every citizen the right to be free from
exploitation
Under this right, the Constitution prohibits three practices ↓
Traffic in human beings or Human Trafficking
Begar or forced labor
Child labor
Traffic in Human Beings
Human Trafficking refers → to the purchase and
sale of human beings
Begar
Begar is a practice where the worker is forced to render
services to the master at nominal remuneration or free of
charge
When this practice takes place on a lifelong basis, it
is referred to as Bonded labor
Child labor
No one may employ a child below 14 years of age to work in
any occupation hazardous or injurious to their dignity or health
Right to Freedom of Religion
Every person has the right to profess, practice and propagate
their religion
Every religious group or sect is free to manage its religious affairs
A person is free to change religion on his/her will
Restrictions to the Right to Freedom of Religion
A person may not carry out religious practices that are
injurious to the dignity or health of other persons
A person may not force, coerce, compel anyone to convert
their religion through means of inducement, fraud or allurement
India as a secular state
 A secular state is one that does not establish any one religion
as official religion and does not confer any privileges or
restrictions meant to favour or demean a religion
The government cannot punish or discriminate against persons
on the grounds of their religion
The government cannot compel any person to pay taxes for
the promotion or maintenance of any particular religion or
religious institution
There must not be any religious instruction in the governmental
educational institutions.
In private bodies, persons may not be forced or compelled to
take part in religious worship or instruction
Cultural and Educational Rights ↓
Any section of citizens with a distinct language or culture have a
right to conserve it.
Admission to any educational institution maintained by
government or receiving government aid cannot be denied to any
citizen on the grounds of religion or language
All minorities have the right to establish or administer educational
institutions of their choice
Right to Constitutional Remedies
The fundamental rights in the Constitution are important because
they are enforceable
We have a right to seek the enforcement of these rights through
the Right to Constitutional Remedies
This right makes all other rights effective
If our rights are violated by the government, private bodies or by
fellow citizens, we can seek remedy through courts.
If the right violated is a Fundamental Right, we can directly
approach the Supreme Court or the High Court of a state
The Supreme Court and the High Courts have the power to
↓
Issue directions, orders or wits for the enforcement of the
Fundamental Rights
 Award compensation to the victims and punishment to the
violators
Any person may approach the courts for the protection of the
rights of individuals. If it is in public interest, it is called Public
Interest Litigation or PIL .Under which, any citizen or group of
citizens can approach the Supreme Court or a High Court for
the protection of public interest against a particular law or
action of the government.
National Human Rights Commission
The National Human Rights Commission is an
independent statutory commission set up by law in 1993
It is appointed by the President and consists of retired judges,
officers and eminent citizens.
It does not → have the power to the punish the guilty, hear or
decide court cases; and focuses on helping the victims secure
their human rights
The NHRC makes independent and credible inquiry into cases of
violation of human rights. It also inquires into any case of abetment of
such violation or negligence in controlling it by any government
officer and takes other general steps to promote human rights in the
country.
The Commission presents its findings and recommendations to the
government or intervene in the court on behalf of the victims
Powers of inquiry of the NHRC ↓
Summon witnesses
Require the production of documents
Enter premises for inspection
Examine relevant records
Question government officials
Scope of Rights
India
The scope of rights has been expanded by the judgements of
courts, laws and international treaties ratified by India.
 Certain rights like the right to education, right to information and
the right to freedom of press are sanctioned by law and derived
through fundamental rights.
Right to education → school education till 14 years
of age is a right for Indian citizens and the
government has an obligation to provide free and
compulsory education to all children up to 14 years
of age.
Right to information → Parliament enacted a law
granting all citizens the right to seek information
from government offices.
The Constitution provides many more rights → which may
not be Fundamental Rights but are constitutional rights such
as the right to property or the right to vote
ICESCR ↓ Preview
Right to work: opportunity to everyone to earn livelihood by
working
Right to adequate standard of living including adequate food,
clothing and housing
Right to social security and insurance
Right to education: access to free and compulsory primary
education, equal access to higher education
Right to health: medical care during illness, special care for
women during childbirth and prevention of epidemics
South Africa, the Constitution of South Africa grants several new
rights ↓
Right to privacy, so that citizens or their homes cannot be
searched, their phones cannot be tapped, their communication
cannot be opened.
Right to an environment that is not harmful to their health or well
being
Right to have access to adequate housing
Right to have access to health care services, sufficient food and
water; no one may be refused emergency medical treatment