HUMAN RIGHTS UNIT 4 NOTES

Unit-IV: Group Rights

a. Prisoners
b. Women and Children
c. Indigenous People
d. Disabled
e. Senior Citizens
f. Refugees

A. PRISONERS

The principal international human rights documents clearly protect the human rights of prisoners. The
International Covenant on Civil and Political Rights (ICCPR) and the 1984 Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter, the Torture
Convention) both prohibit torture and cruel, inhuman, or degrading treatment or punishment, without
exception or derogation. Article 10 of the ICCPR, in addition, mandates that "[a]ll persons deprived of
their liberty shall be treated with humanity and with respect for the inherent dignity of the human person."
It also requires that "the reform and social readaptation of prisoners" be an "essential aim" of
imprisonment.

Several additional international documents flesh out the human rights of persons deprived of liberty,
providing guidance as to how governments may comply with their international legal obligations. In the
1980s, anti-torture campaign led by Amnesty International advocated a set of binding international
prohibitions on torture. Body of Principles for the Protection of All Persons under Any Form of Detention
or Imprisonment was adopted by the United Nations in 1988. The United Nations further adopted and
proclaimed the Basic Principles for the Treatment of Prisoners in 1990.

The most comprehensive such guidelines are the United Nations Standard Minimum Rules for the
Treatment of Prisoners (known as the Standard Minimum Rules), adopted by the U.N. Economic and
Social Council in 1957. It should be noted that although the Standard Minimum Rules are not a treaty,
they constitute an authoritative guide to binding treaty standards.

Other documents relevant to an evaluation of prison conditions include the Body of Principles for the
Protection of All Persons Under Any Form of Detention or Imprisonment, the Basic Principles for the
Treatment of Prisoners, and, with regard to juvenile prisoners, the United Nations Standard Minimum
Rules for the Administration of Juvenile Justice (known as the "Beijing Rules"). Like the SMRs, these
instruments are binding on governments to the extent that the norms set out in them explicate the broader
standards contained in human rights treaties.

These documents clearly reaffirm the tenet that prisoners retain fundamental human rights. As the most
recent of these documents, the Basic Principles for the Treatment of Prisoners, declares:

Except for those limitations that are demonstrably necessitated by the fact of incarceration, all prisoners
shall retain the human rights and fundamental freedoms set out in the Universal Declaration of Human
Rights, and, where the State concerned is a party, the International Covenant on Economic, Social and
Cultural Rights, and the International Covenant on Civil and Political Rights and the Optional Protocol
thereto, as well as such other rights as are set out in other United Nations covenants.

Endorsing this philosophy in 1992, the United Nations Human Rights Committee explained that states
have "a positive obligation toward persons who are particularly vulnerable because of their status as
persons deprived of liberty" and stated: [N]ot only may persons deprived of their liberty not be subjected
to [torture or other cruel, inhuman or degrading treatment or punishment], including medical or scientific
experimentation, but neither may they be subjected to any hardship or constraint other than that resulting
from the deprivation of liberty; respect for the dignity of such persons must be guaranteed under the same
conditions as for that of free persons.

INDIA
Everyone has a right to be treated with respect and dignity; everyone has basic and fundamental rights
enshrined to them under the law regardless of the person’s status, circumstance or nature, even if the
person is behind bars. Article 5 of the Universal Declaration of Human Rights proclaims that, “No one
shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”. Subsequently
Article 7 of the International Covenant on Civil and Political Rights, 1966 creates an obligation for the
State parties to it that, “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or
punishment.”

There is no specific guarantee of prisoner‟s rights in constitution of India. However, certain rights which
have been enumerated in part III of constitution are available to the prisoners too because a prisoner
remains a person in the prison. Besides the constitution, there are certain other statutes like The Prison
Act, 1894, Prisoners Act 1900, and Prisoners Act, 1955, where certain rights are conferred to the
prisoners. Prison & Police Manuals, which also have certain rules & safeguards for the prisoners & cast
an obligation on the prison authorities to follow these rules.

The prisoners usually face stigma—the government’s effort is to avoid their contact with the society and
takes away the freedom of mobility. This in turn denies a chance of a prisoner to get reformed. The
Supreme Court in the landmark case of Union of India v. V. Sriharan, declared that the sentences in
which the court orders that the convicted persons should spend the whole life or at least a minimum
number of years behind bars and puts those terms beyond the scope of remission by the government, are
valid sentences, but only the Supreme Court and High Courts would have the power to order such terms.

A.K. Gopalan v. Union of India, the Supreme Court took the view that the right to personal liberty
guaranteed by article 21 was not violated if the deprivation of personal liberty was permissible by
“procedure established by law” and it was immaterial and of no consequence whether that law was just or
unjust, fair or unfair, reasonable or unreasonable. There is herein, an unquestionable need to reform the
criminal justice system and protect the rights of the prisoners.

In the case of Pramod Kumar Saxena vs. Union of India and Others (2008), where the petitioner, who
was an undertrial prisoner for more than 10 years against whom 48 criminal cases were filed, approached
Supreme Court for enforcement of his fundamental rights. The Supreme Court held that he must be
released on bail so that he can make arrangements for the repayment of amount and also defend cases
registered against him.

Prolonged detention to await the execution of a sentence of death has been held to be unjust, unfair and
unreasonable, violative of Article 21. In T.V. Vatheeswaran v. State of T.N. , the appellant was
sentenced to death, but his death sentence was not executed for eight years. He contended that to take
away his life after keeping him in jail for ten years, eight of which in illegal solitary confinement, would
be gross violation of the fundamental right guaranteed by Article 21. The SC accepted the contention of
the appellant and held that the only way to undo the wrong done to him would be to quash the sentence of
death.

Right against solitary confinement and bar fetters- Solitary confinement is a kind of imprisonment in
which the convict or prisoner is kept in a different cell with little or no contact from other inmates. The
validity of solitary confinement was considered by the Supreme Court in the famous case of Sunil Batra
v. Delhi Administration wherein the honourable court highlighted that imposition of solitary confinement
is only to be made in exceptional cases where the prisoner is of such violent or dangerous nature that his
segregation becomes an utmost necessity. The court also observed that keeping prisoners in bar fetters
day and night reduces them to the level of an animal and deteriorates their mental health. The courts,
therefore, have presented strong resentment against solitary and stated its confinement as highly
dehumanizing and derogatory in nature. They have also held such confinements to be against the spirit of
the Constitution of India.

Right to Life and personal liberty- Kharak Singh v. State of UP, the court ruled that the term "life"
connotes more than mere existence like that of an animal. The inhibition against its deprivation extends to
all those limbs and faculties by which life is enjoyed. The provision equally prohibits the mutilation of the
body by the amputation of an arm or leg, or the putting out of an eye or the destruction of any other organ
of the body through which the soul communicates with the other world. It can be said that right to live is
not restricted to a mere animal existence. It connotes something more than just the physical survival of a
being.

Right against inhuman treatment- In Sunil Gupta v. the State of MP, the petitioners had voluntarily
surrendered themselves. They even refused to bail out and decided to stay in prison for the cause of public
good. Even though they were put in handcuffs and taken to court by the escort party. The court expressed
that the act done by the escort party was inhuman in nature and violative of Article 21 of the Constitution.
The court also directed the government to take immediate and appropriate action against the defaulting
escort part for having acted unjustly and unreasonably in handcuffing the prisoners.

In the case of Kadra Pehadiya v. the State of Bihar, the court expressedits anger at seeing four
petitioners who were merely undertrial prisoners awaiting their trial chained in leg irons. The court ruled
that such acts are gross violations of all prison regulations and of the guidelines set by the court in the
case of Sunil Batra. The court thereafter directed the Superintendent to remove leg irons from the feet of
the four petitioners immediately. The court also directed that no convict or undertrial prisoner shall be
kept in leg irons except in accordance with the ratio of the decision of Sunil Batra's case.

(speedy trial me put hussainara khatoon case which is already mentioned in unit 3)

B. WOMEN AND CHILDREN

WOMEN

The advancement of women has been a focus of the work of the United Nations since its creation. The
Preamble of the Charter of the United Nations sets as a basic goal to reaffirm faith in fundamental human
rights, in the dignity and worth of the human person, in the equal rights of men and women. Furthermore,
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 early as in 1946 the Commission on the Status of Women was established to deal with women's issues.
The UDHR had affirmed the principle of the inadmissibility of discrimination and proclaimed that all
human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights
and freedoms set forth therein, without distinction of any kind, including distinction based on sex.

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 on February 20, 2020 the Convention has 189 States Parties.

A Committee on the Elimination of Discrimination Against Women was established in 1981 when the
Convention entered into force. It is composed of 23 independent experts. The Committee meets only for
two weeks a year. The States Parties are required to report periodically to the Committee on the
legislative, judicial, administrative or other measures which they have adopted to give effect to the
provisions of the Convention. Thus, the Convention is implemented by means of State Parties' report. The
Committee submits its annual report to the General Assembly, through the ECOSOC on its activities and
may make suggestions and general recommendations based on the examination of reports and information
received from the State Parties.

Definition of Discrimination Against Women:

The Preamble to the Convention on the Elimination Against Women explains that, despite the existence
of other instruments, women still do not have equal rights with men. Discrimination against women
continues to exist in every society.

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 States Parties are required to take steps
to eliminate discrimination against women which includes the following:-

(1) Education- Article 10 of convention provides that women shall be provided same conditions for
careers and vocational guidance as to that of men. same access to studies for the achievement of diplomas
in educational establishments of all categories in rural as well as in urban areas. Women shall have access
to the same curricula, the same examinations, teaching staff with qualifications of the same standard and
school premises and equipment of the same quality as to that of men Women shall be provided same
opportunities as to men in matters relating to scholarship and other study grant. They shall have same
opportunities for access to programme of continuing education including adult and functional literacy
programmes and in sports and physical education.

(2) Employment- Article 11 of convention provided that States Parties shall take all appropriate measures
in the field of employment providing the same rights, in particular, (a) the right to work; (b) right to same
employment opportunities, (c) free choice of profession and employment; (d) right to equal remuneration
and shall be treated equally in evaluation of work. 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 (a) the right to family benefits; (b) the right to bank-loans, mortgages and
other forms of financial credit; (c) the right to participate in recreational activities, sports and all aspects
of cultural life.

(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. Freedom of movement
and to choose residence and domicile as that accorded to men.

(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 (a) the same right to enter into marriage; (b) the same rights, and responsibilities during
marriage and at its dissolution; (c) the same rights and responsibilities as parents, in matters relating to
their children. In all rests of children shall be paramount; (d) the same rights to and responsibilities with
regard to guardianship, wardship, trusteeship and adoption of children.

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:
(a) To embody the principle of the equality of men and women in their national Constitutions or other
appropriate legislation if net yet incorporated therein;
(b) To adopt appropriate legislative and other measures prohibiting all discrimination against women;
(c) To establish legal protection of the rights of women on an equal basis with men;
(d) To refrain from engaging in any act or practiced discrimination against women;
(e) To take all appropriate measures to eliminate discrimination against women by any person,
organisation or enterprise.
(f) To repeal all national panel provisions which contribute discrimination against women.
Optional Protocol to the Convention on Women.

The Convention did not provide for individual complaint system. In order to fulfil this deficiency, the
General Assembly on October 7, 1999 adopted the Optional Protocol to the Convention on the
Elimination of All Forms of Discrimination Against Women which would enable victims of sex
discrimination, sexual exploitation and other abuses to the Committee on the Elimination of
Discrimination Against Women against State Parties to the Protocol. Thus, the Protocol would allow to
bypass governments to have the Committee to investigate their grievances.

The Protocol provided under Article 2 that a communication may be made to the Committee either by
individuals or group of individuals in writing and may/may not be anonymous. (write individual
communication and inquiry method which we studied in unit 2)

Status of Women in India

India has given equal status to women under its Constitution under 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 above provision clearly shows that women in India enjoy right to equality and any
discrimination against them shall be violations of equality of right and respect for human dignity 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.
Article 15(3) that State may make special provisions for women. Consequently, a number of legal
provisions aimed at securing equal status for and removing discrimination against women have been
made. For instance, the Constitution was amended in 1992 to reserve 33 per cent of the seats in their
favour in Panchayats and Municipalities. The Amendment is regarded as a major step for socio-economic
empowerment of the women in India. The Constitution has also cast the duty on every citizen to renounce
practices derogatory to the dignity of women. It being a part of Directive Principles of State Policy, is not
enforceable in a court of law but if the State makes any law to prohibit any act or conduct in violation of
this duty, the Court would uphold the law as a reasonable restriction of the fundamental rights.
In C.B. Muthamma v. Union of India, validity of the Indian Foreign Service (Conduct and Discipline)
Rules of 1961 was challenged which provided that no married women shall be entitled as a right to be
appointed to the services and a woman member of the service shall obtain the permission of the
Government in writing before the marriage is solemnized and at any time after the marriage a woman
member of the service may be required to resign from service, if the Government is satisfied that her
family and domestic commitments are likely to come in the way of the due and efficient discharge of her
duties as a member of the service. The Supreme Court held that the provisions in Service Rules requiring
a female employee to obtain the permission of the Government in writing before her marriage is
solemnised and denying right to be appointed on ground that the candidate is a married woman are
discriminatory against women.
In Air India v. Nergesh Meerza, 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. In Maya Devi v. State of Maharashtra, 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.
In Vishaka and others v. State of Rajasthan, the Supreme Court presented a law until the legislature
legislates to safeguard the interest of the working women and protect them from sex exploitation at the
place of work. In this case a writ petition was filed before the Supreme Court by certain social activists
and NGO's with the aim of preventing sexual harassment of working women in all work places through
judicial process, to fill the vacuum in existing legislation.
The Court observed that each incident of sexual harassment of women at workplace results in violation of
fundamental rights of 'Gender Equality' and the 'Right to life and liberty'. The Court further observed that
the gender equality includes protection from sexual harassment and right to work with dignity, which is a
universally recognised basic human right. Since neither civil nor penal laws in India provide specific
protection to women from sexual harassment in workplaces, the Court laid down the guidelines and
norms, for effective enforcement of the basic human rights of gender equality.
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.
India and CEDAW
India has ratified the Convention on the Elimination of All Forms of Discrimination Against Women
(1979) on July 9, 1993. In Madhu Kishwar v. State of Bihar, it was held by the Supreme Court that the
Convention on the Elimination of All Forms of Discrimination Against Women is an integral scheme of
the Fundamental Rights and the Directive Principles. 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
Protection of Women from DV 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.
CHILDREN
Various articles in UDHR, ICCPR, ICESCR talk about a healthy safe and nurturing environment for
children. Although principles were proclaimed for the care and development of the child, these principles
were not binding on the States. It was therefore realized that a Convention is prepared which should be
legally binding on States.
Convention on the Rights of the Child (CRC) was adopted by the General Assembly by consensus, on
on November 20, 1989 which came into force on September 2, 1990. As on February 18, 2020 the
Convention has 196 States Parties. Thus, the CRC is the first globally binding treaty for the protection of
children's civil, political, economic, social and cultural rights. After the conclusion of the Convention the
Child became an active subject of rights. CRC, in fact, provided a bill of rights for children. The
Convention under Article 1 states that a child means every human being below the age of eighteen years
unless under the law applicable to the child, majority is attained earlier.
Rights of the Child
 Right to life (Article 6, Para 1);
 Right to family environment (Article 20)
 Right to education (Article 28, Para 1)
 Right to a standard of living adequate for the child's physical, mental, spiritual and social
development (Article 27, Para 1)
 Right against exploitation of child labour (Article 32)
 Right against sexual exploitation (Article 34) and many other rights..
Implementation Procedure
A Committee on the Rights of the Child (CRC) has been monitoring the Convention since 1991. The
Committee in accordance with Article 43 of the Convention, is composed of 18 experts of high moral
standing and recognized competence. The members of the Committee are elected for a term of 4 years and
are eligible for re-election. The members of the Committee are elected by secret ballot from a list of
persons nominated by States Parties. Each State Party may nominate one person from among its own
nationals.
States are required to submit their first report within two years of the entry into force of the convention
and every five years thereafter. Reports of the States shall also indicate factors and difficulties, if any,
affecting the degree of fulfilment of the obligations. Reports shall also contain sufficient information to
provide the Committee with a comprehensive understanding of the implementation of the Convention in
the country concerned. The Committee may request from State Parties further information relevant to the
implementation. The Committee is required to submit reports on its activities every two years to the
General Assembly through the ECOSOC. The Committee may recommend to the General Assembly that
the Secretary-General be requested to undertake on its behalf studies on specific issues relating to the
rights of the child and may make suggestions and general recommendations.
Optional Protocols to the Convention on the Rights of the Child
Three Optional Protocols to the Convention on the Rights of the Child have been adopted which are as
follows:
(1) Optional Protocol on the Involvement of Children in Armed Conflict. The Geneva Convention of
1949 did not lay down provisions for the involvement of children in armed conflicts. Additional Protocol
1 to Geneva Conventions adopted in 1977 provided under Article 77 Para 1 that the Parties to the conflict
shall take all feasible measures in order that children who have not attained the age of fifteen years do not
take a direct part in hostilities and, in particular, they shall refrain from recruiting them into their armed
forces. In recruiting among those persons who have attained the age of fifteen years but who have not
attained the age of eighteen years, the Parties to the conflict shall endeavour to give priority to those who
are oldest.
In order to prevent children from being targets in armed conflicts an Optional Protocol to the Convention
on the Rights of the Child was adopted on May 25, 2000 which came into force on February 12, 2002. As
on February 18, 2020 the Optional Protocol has 170 States Parties.
The Protocol established that no person under the age of 18 shall be subject to compulsory recruitment
into regular armed forces, and imposes an obligation on States to raise the minimum-age-for-voluntary
recruitment to atleast 16 years.
(ii) Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography. The
Optional Protocol supplements the provisions of the Convention on the Rights of the Child by providing
detailed requirements for the criminalization of violations of the rights of children in the context of the
sale of children, child prostitution and child pornography. The Protocol came into force on January 18,
2002. As on February 18, 2020, the Optional Protocol has 176 States Parties. India ratified the Protocol on
April 16, 2005. The Protocol provides definition for the offences of sale of children, child prostitution and
child pornography It sets standards for the treatment of violations under domestic law, including with
regard to offenders, protection of victims and preventive efforts. It also provides a framework for the
increased international cooperation in these areas, in particular for the prosecution of offenders.
(iii) Optional Protocol to the Rights of the Child on a Communication Procedure. The CRC and its
two Protocols did not lay down any procedure for individual complaints from children. In order to provide
complaint mechanism to the children, an Optional Protocol was adopted on November 19, 2011 by the
General Assembly which entered into force on April 14, 2014. As on February 18, 2020, the Protocol has
46 States Parties.
The Protocol shall allow individual children or their representatives of the ratifying States to submit
communications in writing regarding specific violations of their rights mentioned under the Convention
on the Rights of the Child and its two Protocols. The communications should not be anonymous. When
the communication has been accepted by the Committee, the Committee may contact the State party with
a request that the State party takes steps to protect the alleged victims from irreparable harm. The Protocol
also provided the inquiry procedure that allows the Committee to initiate confidential investigation by its
[Link] Protocol is likely to contribute significantly to empower victims whose rights have been
violated under the CRC and its Protocols in seeking remedies.
Child Labour
Child Labour is one of the most pressing social problems which the international community has been
facing. The goals of the United Nations, in terms of child labour, are to protect working children from
exploitation and hazardous conditions that endanger their physical and mental developments, to ensure
children's access to at develop least minimum levels of education, nutrition and health care, and to
achieve the progressive elimination of child labour. In order to achieve the above goals different bodies of
the United Nations have made certain advancements which include the following:
 International Labour Organisation (ILO) since its inception has been committed to the protection of
the rights of children and young persons as an essential prerequisite for social justice. Over the years,
the ILO has adopted 12 major Conventions, which either prohibit the employment of children or set
basic conditions above a certain age may be permitted to work in different sectors of employment.
International Labour Organisation in 1990 launched a major global offensive by establishing the
International Programme ramme on the Elimination of Child Labour (IPEC). The Programme
provides, upon the request of individuals, technical advisory services focusing on the worst abuses;
hazardous work, forced labour, street children, girls and the employment of children who are less than
13 years old.
Child Labour in India
The Indian Constitution under Article 24 provides that no child below the age of fourteen years shall
be employed in any factory or mine or engaged in any other hazardous employment. The above
provision was made in order to protect children from exploitation and to provide them education so
that they may develop their personality and may live a dignífied life.
The framers of the Constitution were aware that the prohibition of labour alone is not enough and
therefore Article 45 was inserted which provided that the State shall endeavour to provide free and
compulsory education for all children until they complete the age of fourteen years.
In India, the Employment of Children Act of 1938 was the first statutory enactment dealing with child
labour. The Act had prohibited employment of children below 14 years of age in the railways and
other means of transport. However, the Schedule appended to the Act did not specify many other
industries which are unquestionably hazardous. In People's Union for Democratic Rights v. Union
of India, it was argued that the Act of 1938 does not apply in the case of employment of children in
the construction work of Asiad projects in Delhi as the Schedule appended to the Act did not specify it
where the employment of children is prohibited. The Supreme Court rejected the contention and held
that the construction work is a hazardous employment, and therefore, under Article 24 of the
Constitution no child below the age of 14 years can be employed in the construction work even if the
construction industry is not specified in the Schedule appended to the Act.
A number of legislative enactments enacted after independence are in force which prohibit
employment of child labour in different occupations. They are Indian Factories Act, (1948); Indian
Mines Act (1952); Motor Transport Workers Act (1961); Beedi and Cigar Workers (Conditions of
Employment) Act, (1966) and the Apprentices Act (1961). Shop and Commercial Establishment Acts
under different nomenclatures in various States also prohibit the employment of children.
The enactment of Child Labour (Prohibition and Regulation) Act of 1986 is indeed the bold step to
prohibit the child labour. Section 3 of the Act prohibited employment of children in certain
occupations and processes. Part I of the Schedule to the Act mentions the names of occupations in
which no child can be employed or permitted to work. The Supreme Court in M.C. Mehta v. State of
Tamil Nadu, laid down exhaustive guidelines so that State authorities may protect economic, social
and humanitarian rights of the millions of child who are working either in hazardous or non-hazardous
jobs. The Court directed that for the hazardous jobs the employer of the factory where children are
working must be asked to pay compensation for every child employed in contravention of the Act a
sum of Rs. 20,000 which would be deposited in a fund to the known as Child Labour Rehabilitation-
 cum-Welfare Fund. The fund so generated shall form corpus whose income shall be used only for the
concerned child. The Court also directed that the liability of the employer would not cease even if he
would desire to disengage the child previously employed.
Commission for Protection of Child Rights Act (2005)

The Commission for the Protection of Child Rights Act, 2005, enacted on January 20, 2006, aims to
protect and promote child rights in alignment with government policies. It established the National
Commission for the Protection of Child Rights (NCPCR), comprising a Chairperson, a person of
eminence in child welfare, and six members, including at least two women. Members are appointed by the
Central Government based on their expertise in fields such as education, child health, welfare, and laws
related to children.

The Commission performs several functions under Section 13, including:

 Reviewing and recommending improvements to legal safeguards for child rights.

 Reporting to the Central Government on the functioning of these safeguards.
 Investigating violations of child rights and recommending actions.
 Addressing factors inhibiting child rights, including violence, disasters, trafficking, and
exploitation.
 Focusing on children needing special care and protection.
 Promoting research, spreading awareness of child rights, and inspecting child-related institutions.
 Taking suo motu action on violations and making recommendations to address grievances.

The Act also mandates the creation of State Commissions, consisting of a Chairperson and six members
appointed by State Governments, with headquarters specified by notification. To ensure the speedy trial
of offences against children, Section 25 allows State Governments, with the High Court’s concurrence,
to designate at least one Children’s Court in the state or each district. These courts handle cases involving
child rights violations, and a special Public Prosecutor, with at least seven years of legal practice, is
appointed to conduct trials. The Act underscores a comprehensive framework for protecting and
upholding child rights while facilitating accountability and justice at both national and state levels.

C. INDIGENIOUS PEOPLE

Indigenous peoples or aboriginal peoples (also known as native peoples) are those who were living on
their lands before settlers came from elsewhere. They are the descendants of those who inhabited a
country or a geographical region at the time where peoples of different cultures or ethnic origin arrived.

Indigenous peoples-the original inhabitants of a given region are also called "first peoples," tribal peoples,
aboriginals and autochthons. Indigenous and tribal peoples in many parts of the world do not enjoy their
fundamental rights in the State in which they live to the same degree as the rest of the population.
Presently, they are non-dominant sections of the society because of their poverty and illiteracy.

Vienna Declaration recognised the importance of the promotion and protection of the rights of indigenous
peoples and stated that States, should, in accordance with international law, take concerted positive steps
to ensure respect for all human rights and fundamental freedoms of indigenous people on the basis of
equality and non- discrimination, and recognized the value and diversity of their distinct identities,
cultures and social organisation.

International action to protect the human rights of the indigenous peoples has remained limited.
International Labour Organisation (ILO) for the first time in 1953 completed a study that led to the
adoption of a Convention in 1953 on the Rights of Indigenous and Tribal Populations. The
Convention was least effective to provide rights to the indigenous peoples and therefore the ILO in June,
1989 adopted another Convention which is known as the Convention (No.169) concerning
Indigenous and Tribal Peoples in Independent Countries. The Convention came into force on
September 5, 1991.

The Convention applies to tribal peoples in independent countries whose social, cultural and economic
conditions distinguish them from other sections of the national community, and whose status is regulated
wholly or partially by their own customs or traditions or by special laws or regulations. The Convention
also applies to peoples in independent countries who are regarded as indigenous on account of their
descent from the populations which inhabited the country, or a geographical region to which the country
belongs, at the time of conquest or colonisation or the establishment of present State boundaries and who,
irrespective of their legal status, retain some or all of their own social, economic, cultural and political
institutions. The Convention stated, inter alia the collective and individual land rights and ownership of
natural resources in these people's traditional habitats.

Indigenous issues are dealt within the United Nations system by three bodies the Working Group on
Indigenous Populations; the Special Rapporteur on the situation of human rights and fundamental
freedoms of Indigenous people and the Permanent Forum on Indigenous issues.

Working Group monitors the human rights of Indigenous people and develops normative standards to
improve their situation.

The Special Rapporteur investigates allegations of systematic abuses and atrocities through field work and
direct communication with Governments and local indigenous groups.

The Permanent Forum on Indigenous issues reports directly to the Economic and Social Council and thus
is able to cover aspects falling outside the human rights category. Each body has a distinct mandate.

Declaration on the Rights of Indigenous Peoples.

The Working Group prepared a draft of the Universal Declaration on the Rights of Indigenous Peoples.
The Sub-Commission on Prevention of Discrimination and Protection of Minorities after having
considered the Draft Declaration prepared by the Working Group adopted in 1994 the Draft Declaration
on the Rights of Indigenous Peoples. Later, on September 13, 2007, the General Assembly adopted a
landmark Declaration on Rights of Indigenous Peoples. Main provisions of the Declaration are as follows:

1. Indigenous peoples have the right to the full and effective enjoyment of all human rights and
fundamental freedoms recognized in the Charter of the United Nations, the Universal Declaration
of Human Rights and International Human Rights Law. (Article 1)
2. Indigenous individuals and peoples are free and equal to all other individuals and peoples in
dignity and rights, and have the right to be free from any kind of adverse discrimination, that in
particular based on their indigenous origin or identity. (Article 2).
3. Indigenous peoples have the right of self- determination. By virtue of that right they freely
determine their political status and freely pursue their economic, social and cultural development.
(Article 3).
4. Indigenous peoples have the right to maintain and strengthen their distinct political, economic,
social and cultural characteristics, as well as their legal systems. (Article 5).
5. Every indigenous individual has the right to a nationality. (Article 6).
6. Indigenous peoples have the collective right to live in freedom, peace and security as distinct
peoples. (Article 7).
7. Indigenous peoples and individuals have the right to belong to an indigenous community or
nation, in accordance with the traditions and customs of the community or nation concerned.
(Article 9).
8. Indigenous peoples shall not be forcibly removed from their lands and territories. (Article 10).
9. Indigenous peoples have the right to practise and revitalize their cultural traditions and customs.
(Article 11).
 10. Indigenous peoples have the right to have the dignity and diversity of their cultures, traditions,
histories and aspirations. (Article 15).
11. Indigenous peoples have the right to enjoy fully all rights established under international labour
law and international labour legislation. (Article 17).

D. DISABLED
Persons with disabilities include those who have long-term physical, mental, intellectual or sensory
impairments which in interaction with various barriers may hinder their full and effective participation in
society on an equal basis with others.
In order to promote and protect the rights and dignity of persons with disabilities General Assembly on
December 19, 2001 established an Ad hoc Committee, for the preparation of a comprehensive and
integral international convention on the protection and promotion of the rights and dignity of persons with
disabilities. The Ad hoc Committee in June, 2003 decided to establish a Working Group with the aim of
preparing and presenting a draft text of a convention. The General Assembly on December 13, 2006
adopted by consensus the Convention on the Rights of Persons with Disabilities. The Convention came
into force on May 3, 2008 after its ratification by 20 States. As on February 18, 2020 the Convention has
181 States Parties.
The Convention laid down a number of rights to be provided to the persons of disabilities such as right to
life, equality before law, access to justice, liberty and security of persons, freedom from torture or cruel,
inhuman or degrading treatment or punishment, freedom from exploitation, violence and abuse, liberty of
movement and nationality, freedom of expression and opinion, and access to information, respect for
privacy etc. The Convention also stipulated that persons with disabilities shall have the right to education,
health, work and employment. They shall participate in political and public life and in cultural life on
equal basis with others. It is to be noted that the Convention did not create new rights for the persons with
disabilities. However, it specifically mentioned them so that States Parties to the Convention may raise
awareness in the society to foster respect for the rights and dignity of persons with disabilities.
The Convention also provided general obligations to the States Parties for the full realisation of all human
rights and fundamental freedom for all 3 persons with disabilities. For instance, States Parties shall
undertake: (a) to adopt all appropriate legislative, administrative and other measures for the
implementation of the rights; (b) to take all appropriate measures, including legislation, to modify or
abolish existing laws, regulations, customs and practices that constitute discrimination against persons
with disabilities; (e) to take into account the protection and promotion of the human rights of persons with
disabilities in all policies and programmes etc.
A Committee on the Rights of Persons with Disabilities was established consisting of twelve experts, at
the time of entry into force of the Convention. The number of members shall be eighteen when the
Convention is ratified by an additional sixty States. The members of the Committee shall be elected by
States Parties. They shall be elected for a term of four years. The Committee shall consider the reports
submitted by the States Parties on measures taken to give effect to its obligations under the Convention
and on the progress made in that regard. States Parties to the Convention are required to submit report
within two years after the entry into force of the Convention. The Committee may make suggestions and
general recommendations on the report as it may consider appropriate and shall forward these to the
States Parties concerned.
Optional Protocol to the Convention on the Rights of Persons with Disabilities (OPCRPWD)
OPCRPWD was adopted on December 13, 2006 by the General Assembly. Which came into force on
May 3, 2008 when it was ratified by 10 States Parties. As of February 18, 2020, the Protocol has 96 States
Parties. Optional Protocol was adopted in order to provide rights to the individuals to make
communications to the Committee on the Rights of Persons with Disabilities (the Committee). Article 1,
Para 1 of the Optional Protocol lays down that a State Party to the Protocol recognises the competence of
the Committee on the Rights of Persons with Disabilities to receive and consider communications from or
on behalf of individuals or groups of individuals subject to its jurisdiction who claim to be victims of a
violation by that State Party of the provisions of the Convention.
Law Relating to Disabled Persons in India
India has ratified the Convention on the Rights of Persons With Disabilities (CRPWD) on October 1,
2007. In order to bring its laws with the provisions of (CRPWD) India enacted the Rights of Persons
with Disabilities Act, in 2016. The Act replaced the existing Persons with Disabilities Act, 1995.
The Act of 2016 defined person with disabilities as a person with long term physical, mental, intellectual
or sensory impairment which, in interaction with barriers, hinders his full and effective participation in
society equally with others. The Act also defined person with benchmark disability which means a person
with not less than forty per cent of a specified disability where specified disability has not been defined in
measurable terms and includes a person with disability where specified disability has been defined in
measurable terms, as certified by the certifying authority."
A number of rights and entitlements have been provided to disabled persons under the Act which includes
right to equality, life with dignity, personal liberty, right to live in community. The Act prohibited
discrimination and provided protection from torture, cruel, inhuman or degrading treatment, protection
from all forms of abuse, violence and exploitation. Right to free legal aid, right to access any court,
tribunal or commission, right to own or inherit property will be given to them. The Act laid down that all
educational institutions funded or recognised by the Government shall provide education to the children
with disabilities. The Act provided special provisions for persons with benchmark disabilities."
The Act will fulfil the obligations on the part of India in terms of CRPWD. The Act will not only enhance
the Rights and Entitlements of disabled persons but also provide effective mechanism for ensuring their
empowerment and true inclusion with the society in a satisfactory manner.
E. SENIOR CITIZENS
The United Nations is concerned not only with the quality of the life of human beings, but it is also
equally concerned with the longevity of the human beings. As a result of the gradual decline in death rates
and rising life expectancy, it is expected that all countries of the World during the next two decades will
witness an increase in the proportion of their population aged 60 or over. The United Nations is
committed to help those countries which are facing the challenge for the needs of elderly persons and
using effectively their contribution to development.
The question of the ageing was first debated at the United Nations in 1948 at the initiative of Argentina.
The issue was again raised by Malta in 1969. In 1971 the General Assembly asked the Secretary-General
to prepare a comprehensive report on the elderly and to suggest guidelines for national and international
action.
In 1978, Assembly decided to hold a World Conference on the Ageing. Accordingly, the World Assembly
on Ageing was held in Vienna from July 26 to August 6, 1982 wherein an International Plan of Action
on Ageing was adopted. The overall goal of the Plan was to strengthen the ability of individual countries
to deal effectively with the ageing in their population, keeping in mind the special concerns and needs of
the elderly. The Plan attempted to promote understanding of the social, economic and cultural
implications of ageing and of related humanitarian and developed issues. The International Plan of Action
on Ageing was adopted by the General Assembly in 1982 and the Assembly in subsequent years called on
governments to continue to implement its principles and recommendations. The Assembly Asser urged
the Secretary-General to continue his efforts to ensure that follow-up action to the Plan is carried out
effectively.
In 1990, the General Assembly designated October 1 as the International Day for the Elderly, later
renamed the International Day for Older Persons.
Principles for Older Persons
The General Assembly on December 16, 1991 by a resolution adopted a set of 18 Principles for Older
Persons which related to the independence, participation, care, self-fulfilment and the dignity of the older
persons. Some of the Principles are as follows:
a) Older Persons should have the opportunity to work and determine when to leave the work force.
b) Older Persons should remain integrated in society and participate actively in the formulation of
policies which effect their well-being.
c) Older Persons should have access to health care to help them maintain the optimum level of
physical, mental and emotional well-being.
d) Older Persons should be able to pursue opportunities for the full development of their potential
and have access to educational, cultural, spiritual and recreational resources of society...
e) Older Persons should be able to live in dignity and security and should be free from exploitation
and mental and physical abuse. Governments were encouraged to incorporate the principles into
their national programmes.
Later, the General Assembly on November 11, 1992 adopted a Proclamation on Ageing by which it
decided to observe 1999 as the International Year of Older Persons. The Proclamation calls for
international cooperation to be promoted for life-long health, income generation and new forms of
productive ageing. It urges national initiative to view older persons as contributors to their societies
and not as burden; engage the entire population in preparing for the later stages of life; and help old
and young generations to cooperate in creating a balance between tradition and innovation in
economic, social and cultural development.
F. REFUGEES
Refugees are 'migrants' in the broader sense of the term; yet they continue to be a distinct category of
people. They are referred to those persons who leave their States in which they have permanent residents
to escape they persecution or military action. The Convention Relating to the Status of Refugees of 1951
defines refugees under Article 1 as under:
Any person who owing to well founded Tear of being persecuted for reasons of race, religion, nationality,
membership of a particular social group or political opinion, is outside the country of his nationality and
is unable, or owing to such fear, is unwilling to avail himself of the protection of that country, or who not
having a nationality and being outside the country of his former habitual residence as a result of such
events, is unable or, owing to such fear; is unwilling to return to it.
The above definition lays down that only those persons shall be deemed refugees who have well-founded
fear of persecution Le., who has serious threat to life and liberty. Such persons are said to be political
refugees as opposed to ordinary migrants or economic refugees or those who leave their country for
reasons purely for personal convenience.
Torture, discriminations of race, sex, religion, nationality, language or membership of particular group
and other reasons may be regarded as the cause of persecution. Thus, only those persons fleeing from
political persecution can effectively qualify for refugee status because persecution is a denial of human
rights.
Thus, the Convention protects refugees for non- discrimination, non-penalizing (for entering the country)
and non-refoulment (a term that means the forcible return of refugees or asylum seekers to a country
where they are likely to face persecution). It also lays down basic minimum standards for treatment of
refugees that includes access to courts and primary education.
Refugees are different from Internally Displaced Persons (IDP), who are displaced from one area to
another within the borders of their own country on account of civil disturbances or fear of such
disturbances. Legally, they fall under the sovereignty of their own governments, even though that
government may not be able or willing to protect them. By the end of 2008 there were some 42 million
victims of conflicts and persecution worldwide living as refugees or IDPs.

The United Nations Relief and Rehabilitation Administration (UNRRA) and its successor, the
International Refugee Organization (IRO), were pivotal in addressing the refugee crisis during and
after World War II. Refugees, displaced by war and crossing international borders, required global
cooperation for relief and rehabilitation.

UNRRA, established on November 9, 1943, by a 44-nation agreement, focused on providing immediate

relief to displaced persons. It supplied food, clothing, medicine, and shelter while aiding economic and
agricultural rehabilitation. It also managed camps and facilitated the repatriation of millions of displaced
individuals. By 1946, approximately 1.675 million refugees required new homes. UNRRA ceased
operations in 1947, transferring its responsibilities to the IRO.

The IRO, formally established by the United Nations General Assembly on December 15, 1946, replaced
UNRRA and began its operations on July 1, 1947. With repatriation as its primary objective, the IRO also
provided care, vocational training, and resettlement support. By February 1952, it had resettled over a
million refugees, repatriated 73,000 individuals, and assisted 1.6 million globally. It played a vital role in
easing the post-war refugee crisis through coordinated international efforts.

Both organizations set the groundwork for subsequent global refugee initiatives, underscoring the
importance of international cooperation in addressing displacement crises.

United Nations High Commissioner for Refugees (UNHCR).

The United Nations High Commissioner for Refugees (UNHCR) was established by the UN General
Assembly through Resolution 319 (IV) on December 3, 1949, replacing the IRO. It officially commenced
operations on January 1, 1951. It operates under the General Assembly's authority, with the High
Commissioner reporting annually through ECOSOC. The High Commissioner is nominated by the UN
Secretary-General and elected by the General Assembly. The office formulates policies to address refugee
issues [Link] Advisory Committee on Refugees, established in 1951 by ECOSOC, initially
consisted of 15 states. In 1955, it was restructured into the UN Refugee Fund Executive Committee
(UNRFE), and in 1958, replaced by the Executive Committee of the High Commissioner’s
Programme (EXCOM). EXCOM provides advice and reviews emergency fund utilization.

EXCOM, comprising 30 UN member states elected by ECOSOC on a geographically representative basis,

meets twice annually in Geneva to oversee and guide the High Commissioner’s programme for refugee
solutions.

The work of UNHCR is humanitarian, social and non-political. Its basic tasks are to provide international
protection to the refugees within the High Commissioner's mandate and to seek permanent solutions to
their problems by facilitating their voluntary repatriation or their assimilation within new national
communities. The UNHCR initially focused its efforts on aiding refugees and displaced persons in Europe
after World War II, but in later decades effort was shifted to resettling refugees who were the victims of
war, political turmoil or natural disasters in Africa and parts of Asia and Latin America.

Convention on the Status of Refugees

The most important international instrument drawn up relating to problems of refugees is the Convention
Relating to the Status of Refugees of 1951 which was formally adopted on 28th July 1951 and came
in force in 1954 after considering that the UN Charter and the UDHR have affirmed the principle that all
human beings shall enjoy FR and freedom without any discrimination.

The 1951 Refugee Convention, initially limited to European refugees before January 1, 1951, was expanded
globally through the 1967 Protocol, which removed geographical and temporal restrictions. Main provisions of
the Convention of 1951 are as follows:

 Personal Status: A refugee’s personal status is governed by the law of their domicile or
residence. Rights acquired through personal status, especially those related to marriage, must be
respected by contracting parties, provided they align with the laws of the host state.
 Movable and Immovable Property: Refugees are entitled to treatment as favorable as that
accorded to aliens, including rights to acquire, lease, or contract for movable and immovable
property.
 Civil Rights: Refugees are granted minimum civil rights, including the right to work, education,
social security, freedom of religion, and access to courts, without discrimination based on race,
religion, or nationality.

 Treatment of Refugees. Chapter IV of the Convention comprising from Articles 20 to 33 laid

down regarding the 'welfare' of the refugees. States must treat refugees on par with nationals in
areas like rationing, elementary education, public relief, labor laws, and social security. Refugees
can choose their place of residence and move freely within the host territory, subject to regulations
applied to other aliens. States must not impose additional duties or taxes on refugees.
 Illegal Entry of Refugees. Refugees entering a country illegally to escape persecution must not
face penalties if they promptly present themselves to authorities and explain their circumstances.
Para 2 of Article 31 provides that the Contracting States shall not apply to the movements of such
refugees restrictions other than those which are necessary and such restrictions shall only be
applied until their status in the country is regularized or they obtain admission in another country.
The Contracting States shall allow such refugees a reasonable period and all the necessary
facilities to obtain permission into another country
 Travel documents. The Convention under Article 28 laid down that the Refugees lawfully
residing in a country must be issued travel documents to facilitate travel outside the host country,
unless national security or public order concerns prevail. Host states are encouraged to issue these
documents to other refugees unable to obtain them from their country of residence.
 General Obligations. The Convention under Article 2 lays down that every refugee has duties to
the country in which he finds himself, which require in particular that he conforms to its laws and
regulations as well as to measures taken for the maintenance of public order.
 Prohibition of Expulsion or Return (refoulment). Under Article 33, refugees cannot be expelled
or returned to territories where their life or freedom is at risk due to race, religion, nationality,
membership in a particular social group, or political opinion. This principle prohibits rejection at
the frontier or forced expulsion. However, exceptions apply if the refugee poses a security threat
or has committed serious crimes.
 Access to Courts. The Convention under Article 16, Para 1 lays down that a refugee shall have
free access to the courts of law on the territory of all contracting States. He shall enjoy in the
Contracting States in which he has his habitual residence the same treatment as a national in
matters pertaining to access to the Courts, including legal assistance and exemption from cautio
judicatum solvi.

Refugees in India

India is not a party to the 1951 Refugee Convention or its 1967 Protocol, considering them Euro-centric
and unsuitable for addressing the mass influx situations faced by the country. The Ministry of External
Affairs has deemed these instruments impractical for third-world nations like India. Consequently, India
is not legally bound to grant refugees the rights outlined in these instruments. However, India has
historically provided refuge to people fleeing countries like Tibet, Bangladesh, Sri Lanka, and
Afghanistan, hosting over 32,000 refugees recognized by UNHCR and 175,000 long-term refugees from
Sri Lanka and Tibet. These refugees are managed under laws like the Registration of Foreigners Act,
1939, Foreigners Act, 1946, and Passport Act, 1967.

Despite providing refuge, India lacks specific domestic legislation to determine the legal status and rights
of refugees or mechanisms for their identification. This absence creates legal ambiguities, with refugees
often perceived as an economic and social burden. Misconceptions about refugees as opportunistic
migrants undermine the recognition of their genuine plight.

The National Human Rights Commission has emphasized the need for national legislation to safeguard
refugee rights and address related issues like domestic security and human trafficking. A dedicated law
would ensure fair treatment for refugees, enhance national security, and align with humanitarian
principles. Serious efforts to draft such legislation remain crucial for balancing refugee protection with the
country’s security and social interests.

The Indian Constitution provides that some of the fundamental rights guaranteed under Part III of the
Constitution shall be available to 'all persons', and consequently, they are available to refugees as well.
Thus, right to equal protection of law guaranteed under Article 14, right to protection in respect of
conviction for offences provided under Article 20, right to life and liberty guaranteed under Article 21 and
right to protection against arbitrary arrest and detention provided under Article 22 are available to
refugees.

The Supreme Court of India in Louis De Raedt v. Union of India, held that Article 21 of the Constitution
protects life and personal liberty to all persons, and therefore, aliens in Indian territory shall not be
deprived of those rights except according to procedure established by law. However, right to life and
liberty does not include the right to reside and settle in this country, as mentioned in Article 19(1)(c)
which is applicable to citizens of this country.

In Arunachal Pradesh v. Khudiram Chakma, the Supreme Court held that Chakmas, as foreigners under
the Citizenship Act of 1955, are not entitled to all fundamental rights under Part III of the Constitution.
However, in National Human Rights Commission v. State of Arunachal Pradesh, the Court addressed
the protection of some rights for refugees.

The case arose after Chakmas, displaced by the Kaptai Hydel Power Project in East Pakistan (now
Bangladesh) in 1964, took refuge in Assam and Tripura. While most settled and became Indian citizens,
around 4,012 were relocated to Arunachal Pradesh with land allotments in consultation with local tribes
and rehabilitation assistance of ₹4,200 per family. Over time, the Chakma population in Arunachal
Pradesh grew to approximately 65,000. Tensions with local tribes escalated, leading to complaints of
persecution and forced eviction attempts against the Chakmas.

The Committee for Citizenship Rights of the Chakmas (CCRC) filed a representation with the National
Human Rights Commission (NHRC), which referred the matter to the Supreme Court. The Court
acknowledged that the large-scale settlement of Chakmas threatened the ethnic balance and cultural
identity of Arunachal Pradesh's tribal population. However, it also recognized a clear and present danger
to the lives and personal liberty of the Chakmas.

The Court emphasized that India is governed by the rule of law, and every person, citizen or not, is
entitled to rights under Articles 14 and 21, including equality before the law and protection of life and
liberty. The Court directed the State to ensure the protection of the Chakmas' life and personal liberty,
stating that no group could threaten them to leave the State. It issued guidelines, instructing the State to
repel any attempt to forcibly evict Chakmas, using paramilitary or police forces if necessary. Furthermore,
the Chakmas were to be protected from eviction or denial of domestic life except in accordance with the
law.

The above decision of the Supreme Court has been hailed as a landmark judgment in respect of
safeguarding fundamental Constitutional rights of foreigners including refugees.
INTERNALLY DISPLACED PERSONS

IDPs may be defined as persons or group of persons who have been forced to flee their homes suddenly
and unexpectedly in large numbers as a result of armed conflict, internal strife, systematic violations of
human rights or natural or man-made disaster, Legally, they fall under the sovereignty of their own
governments even though that government may not be able or willing to protect them.

Although International Law distinguishes IDPs from refugees, such distinction is meaningless to those
who have been forced to flee from their homes and who have lost everything. Uprooted people IDPs and
refugees equally deserve help whether they have crossed an international border or not.

In India, thousands of Hindu population of the Valley of Kashmir, namely, the Kashmiri Pandits were
forced to flee from Jammu and Kashmir and have settled in other parts of India. Such persons are not
refugees since Refugee Convention of 1951 defines refugees as 'any person who is outside the country of
his nationality.... They are therefore not granted the status of refugees though they have been forced to
flee to another part of the country on the same grounds as refugees. Although a number of human rights
violations take place when forced displacement occur, they are denied international protection as given to
refugees.

The main reason for this apathy is that their movement falls within the domestic jurisdiction of a State and
United Nations may not intervene in matters which are essentially within the jurisdiction of any State as
per the provisions of Article 2 Para 7 of the U.N. Charter. However, if human rights violations are so
grave as to create conditions which threaten international peace and security, the Security Council may
take action under Chapter VII of the U.N. Charter.

The United Nations was not involved earlier in the IDP issues as it was the view of many Governments
that it will be an infringement on State sovereignty. However, it was realised that IDPs require
international protection because of their miserable conditions. They are not only denied basic human
rights but camps for displaced persons have been the target of attacks by the warring parties.

In 1993, the UNHCR established guidelines to define its responsibilities toward IDPs. It emphasized
providing assistance when IDPs returned to their original areas or lived alongside refugee populations
with similar needs. Later, the Representative of the Secretary-General on IDPs, Francis Deng, was tasked
by the Commission on Human Rights in 1996 to create a normative framework for IDP protection. Deng
presented the Guiding Principles on Internal Displacement in 1998.

The Guiding Principles, divided into five sections, address general principles, protection from arbitrary
displacement, protection during displacement, humanitarian assistance, and return or resettlement. They
serve as a global framework for safeguarding IDP rights and offer practical guidance to national and
international actors in providing essential needs like food, shelter, and safety.

Although not a treaty or declaration and thus not legally binding, the Principles reflect and align with
international humanitarian law. The Commission on Human Rights, in Resolution 1998/50, endorsed their
use in dialogues with governments, intergovernmental, and non-governmental organizations. While non-
binding, the Guiding Principles are a significant tool for addressing IDP challenges and are expected to
influence the future development of international law on internal displacement.