What Are Human Rights?

Human rights are rights inherent to all human beings, regardless of race,
sex, nationality, ethnicity, language, religion, or any other status. Human
rights include the right to life and liberty, freedom from slavery and
torture, freedom of opinion and expression, the right to work and
education, and many more. Everyone is entitled to these rights, without
discrimination.

These rights are all interrelated, interdependent and indivisible.

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

Features of Human Rights

Universal and inalienable

Some fundamental human rights norms enjoy universal protection by
customary international law across all boundaries and civilizations.
Human rights are inalienable. They should not be taken away, except in
specific situations and according to due process.
Interdependent and indivisible
All human rights are indivisible, interrelated and interdependent. The
improvement of one right facilitates advancement of the others.
Likewise, the deprivation of one right adversely affects the others.
Equal and non-discriminatory

The principle applies to everyone in relation to all human rights and

freedoms and it prohibits discrimination on the basis of a list of non-
exhaustive categories such as sex, race, colour and so on.
Both Rights and Obligations
Human rights entail both rights and obligations. States assume
obligations and duties under international law to respect, to protect and
to fulfil human rights.
 Human Rights Laws

These laws secure and protect the human rights of all the people.

These laws prohibit practices such as torture, slavery, summary

execution without trial, and arbitrary detention or exile.

Universal Declaration of Human Rights

The Universal Declaration of Human Rights (UDHR) is a milestone

document in the history of human rights. Drafted by representatives with
different legal and cultural backgrounds from all regions of the world, the
Declaration was proclaimed by the United Nations General Assembly in
Paris on 10 December 1948 by General Assembly resolution 217 A
(III) as a common standard of achievements for all peoples and all
nations. It sets out, for the first time, fundamental human rights to be
universally protected. Since its adoption in 1948, the UDHR has been
translated into more than 500 languages - the most translated document
in the world - and has inspired the constitutions of many newly
independent States and many new democracies.

The Declaration consists of 30 articles detailing an

individual's rights which, although not legally binding in themselves, have
been elaborated in subsequent international treaties, economic
transfers, regional human rights instruments, national constitutions, and
other laws. The Declaration was the first step in the process of
formulating the International Bill of Human Rights, which was completed
in 1966, and came into force in 1976, after a sufficient number of
countries had ratified them.

The Declaration consists of a preamble and thirty articles:

• The preamble sets out the historical and social causes that led to the
necessity of drafting the Declaration.
• Articles 1–2 established the basic concepts of dignity, liberty, and
equality.
• Articles 3–5 established other individual rights, such as the right to
life and the prohibition of slavery and torture.
• Articles 6–11 refer to the fundamental legality of human rights with
specific remedies cited for their defence when violated.
• Articles 12–17 established the rights of the individual towards the
community (including such things as freedom of movement).
• Articles 18–21 sanctioned the so-called "constitutional liberties", and with
spiritual, public, and political freedoms, such as freedom of thought,
opinion, religion and conscience, word, and peaceful association of the
individual.
• Articles 22–27 sanctioned an individual's economic, social and cultural
rights, including healthcare. Article 25 states: "Everyone has the right to
a standard of living adequate for the health and well-being of himself and
of his family, including food, clothing, housing and medical care and
necessary social services." It also makes additional accommodations for
security in case of physical debilitation or disability, and makes special
mention of care given to those in motherhood or childhood.
• Articles 28–30 established the general ways of using these rights, the
areas in which these rights of the individual can not be applied, and that
they can not be overcome against the individual.

The UDHR, together with the International Covenant on Civil and

Political Rights and its two Optional Protocols (on the complaints
procedure and on the death penalty) and the International Covenant on
Economic, Social and Cultural Rights and its Optional Protocol, form the
so-called International Bill of Human Rights.

Economic, social and cultural rights

The International Covenant on Economic, Social and Cultural
Rights entered into force in 1976. The human rights that the Covenant
seeks to promote and protect include:

• the right to work in just and favourable conditions;

• the right to social protection, to an adequate standard of living and to
the highest attainable standards of physical and mental well-being;
• the right to education and the enjoyment of benefits of cultural freedom
and scientific progress.
 Civil and political rights
The International Covenant on Civil and Political Rights and its First
Optional Protocol entered into force in 1976. The Second Optional
Protocol was adopted in 1989.

The Covenant deals with such rights as freedom of movement; equality

before the law; the right to a fair trial and presumption of innocence;
freedom of thought, conscience and religion; freedom of opinion and
expression; peaceful assembly; freedom of association; participation in
public affairs and elections; and protection of minority rights. It prohibits
arbitrary deprivation of life; torture, cruel or degrading treatment or
punishment; slavery and forced labour; arbitrary arrest or detention;
arbitrary interference with privacy; war propaganda; discrimination; and
advocacy of racial or religious hatred.

International Human Rights Day

The Declaration of Human Rights Day is commemorated every year

on December 10, the anniversary of the adoption of the Universal
Declaration, and is known as Human Rights Day or International Human
Rights Day.

Protection of Human Rights Act, 1993

INTRODUCTION-

India is a party to International covenant on civil and political rights and

the International Covenant on Economic, social and cultural rights
adopted by the general assembly of United Nations on 16
December,1966. India is a signatory to the aforesaid conventions and the
human rights embodied in the said conventions are substantially protected
by the constitution.

Wide ranging discussions were held at various fora such as the chief
minister’s conference on Human Rights and seminars were organised in
various parts of the country. As a result of which the President
promulgated the protection of human rights Ordinance,1993 under article
123 of the Constitution of India on 28th September ,1993 and further, it
was replaced by Protection of Human Rights Bill,1993 in the Lok Sabha
which paved way for the present act.

The National Human Rights Commission in India is an autonomous public

body constituted on 12 October 1993 under the Protection of Human
Rights Ordinance of 28 September 1993.

The Act is legislated to establish the National and State Human Rights
Commission. The act gives immense powers to the Commission in
furtherance of prevention of violation of human rights

Q1-When did the Protection of Human Rights Act, 1993 come into
force?

Ans. After having a deliberate discussion on the subject, Human Rights

Commission Bill, 1993 was introduced in the Lok Sabha on 14.05.93 and
was referred to the standing committee of Parliament on Home Affairs . In
view of urgency of the matter, Protection of Human Rights
Ordinance,1993 was introduced on 28.09.93 by the President of India.
Later, on 8.01.94, the Protection of Human Rights Act was enacted which
extends to whole of India.

[Link] do you mean by the term “Human Rights?”

Ans. In terms of Section 2 of the Protection of Human Rights Act, 1993 -

“Human Rights” means the rights relating to life, liberty, equality and
dignity of the individual guaranteed by the constitution or embodied in the
International covenants and enforceable by courts.

Q3-What are the main objectives of The Protection of Human Rights

Act,1993?

Ans. The main objective of protection of Human Rights Act 1993 is

protecting human beings from violations. Without Human rights there
would be either no life or a meaning less life. The rights relating to life,
liberty equality and dignity of the individual as guaranteed by the
constitution are also included in the category of “Human Rights”. Human
Rights are the rights and freedoms of all human beings.

The purpose of securing human rights as such are-

* to provide protection to these rights against the abuse of power

committed by the organs of state

*to establish institution for the promotion of living condition beings

* for the development of their personality

* to provide effective remedial measures for obtaining redress in the event

of those rights are violated.

The act provides for establishment of National Human Rights

Commission, State Human right Commission and Human Rights Courts
which seeks to prevent and punish any gross violation of human rights.

Q4 Mention in brief the historical background of the Protection of

Human rights Act, 1933?

Ans. The Western countries, America in particular, criticised lndia on the

violation of human rights by Indian armed forces and para-military forces,
especially, in the State of Jammu and Kashmir. In the early 1990's lndia ,
felt the need for establishing a commission as a positive response to the
criticisms of the foreign Governments in the context of political unrest and
violence in Punjab, Jammu and Kashmir, the North-East and Andhra
Pradesh. Though it is now a well-recognised fact that terrorism is a
serious violation of human rights, America, never missed the opportunity
to criticize lndia, whenever Indian security forces sought to deal sternly
with extremists and ultras.

In addition to the pressure from foreign countries, there was a strong

demand from the domestic front as well for the creation of a National
Human Rights Commission. All these led the Government to enact a law
to establish a Human Rights Commission. The Government's proposal to
establish the Commission was of course sudden and without due
deliberations. The President of lndia on September 28, 1993 promulgated
an Ordinance for the creation of a National Human Rights Commission.

Q5-What are the key provisions of The Protection of Human rights

act ,1993?

Ans. Under chapter II of the Act, the National Human Rights Commission
is defined under section 2 sub clause (c) and established under section 3
of the Act. The Commission shall be constituted of members as laid under
provisions of section 3 sub clause (2) which lay that there shall be a
Chairperson who shall be a retired chief justice of India, 2 members who
have been a judge in the Supreme Court and other member shall be chief
Justice of a High Court apart from this there shall be two other members
who have worked in the field of human rights. Apart from the Commission
there shall be a National Commission for minorities and National
Commission for women.

The members of Commission shall be appointed by the President after

obtaining recommendations from Prime Minister for appointment of
chairperson and the members shall be appointed in consultation with
Speaker of the House of the People, Minister in-charge of the Ministry of
Home Affairs, Leader of the Opposition in the House of the People, Leader
of the Opposition in the Council of States and Deputy Chairman of the
Council of States.

The Chairperson shall hold office till a period of five years or till obtaining
seventy years of age, whichever is earlier and the members shall be hold
office for five years and shall be eligible for reappointment.

The act also regulates the conditions of services, salaries, allowance and
appointment of additional staff.

Chapter III of the Act deals with powers and functions of the Commission
dealt in sections 12 to 16. The commission is granted powers to suo-motu
look into matter concerning violation of human rights. The commission
shall also take action in cases where victim has filed an application for
violation of human rights. The Commission shall be deemed to be a civil
court for all the purposes of section 195 and Chapter XXVI of the Code of
Criminal Procedure, 1973. The Commission is bestowed with
investigation powers while taking help of government officer’s under
section 14.

Chapter IV deals with the procedure after a complaint has come into
notice of Commission. The Commission shall after receiving a notice of
violation of human rights shall inquire into the matter.

Q6. What is National Human Rights Commission and what are the
main functions of this commission?

Ans. Sec 3 of the Act provides that the Central Government shall
constitute a body known as the ‘National Human Rights Commission’ to
exercise powers confirmed upon and assigned to it under the said act.
The National Human Rights Commission (NHRC) of India is an
autonomous public body constituted on 12 October 1993 under the
Protection of Human Rights Ordinance of 28 September 1993. It was
given a statutory basis by The Protection of Human Rights Act, 1993
(TPHRA). The NHRC is the national human rights institution, responsible
for the protection and promotion of human rights, defined by the Act as
“rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International
Covenants”. The Commission shall, perform all or any of the following
functions, namely:-

1. a) Inquire, on its own initiative or on a petition presented to it by a

victim or any person on his behalf, into complaint of-

i ) violation of human rights or abetment or

1. ii) negligence in the prevention of such violation, by a public

servant;
2. b) intervene in any proceeding involving any allegation of violation
of human rights pending before a court with the approval of such
court;
3. c) visit, under intimation to the State Government, any jail or any
other institution under the control of the State Government, where
persons are detained or lodged for purposes of treatment,
reformation or protection to study the living condition of the
inmates and make recommendations thereon ;
 4. d) review the safeguards by or under the Constitution or any law
for the time being in force for the protection of human rights and
recommend measures for their effective implementation;
5. e) review the factors, including acts of terrorism that inhibit the
enjoyment of human rights and recommend appropriate remedial
measures;
6. f) study treaties and other international instruments on human
rights and make recommendations for their effective
implementation;
7. g) undertake and promote research in the field of human rights;
8. h) spread human rights literacy among various sections of society
and promote awareness of the safeguards available for the
protection of these rights through publications, the media,
seminars and other available means;
9. i) encourage the efforts of non - Governmental organizations and
institutions working in the field of human rights;
10. j) such other functions as it may consider necessary for the
promotion of human rights.

Q7. Who all are the members of The National Human Rights
Commission and what are its powers?

Ans. The NHRC consists of:

A Chairperson

One Member who is, or has been, a Judge of the Supreme Court of India

One Member who is, or has been, the Chief Justice of a High Court

Two Members to be appointed from among persons having knowledge of,

or practical experience in, matters relating to human rights

In addition, the Chairpersons of four National Commissions of

([Link] [Link] [Link] [Link]) serve as ex officio members.

The current chairperson of the NHRC is [Link].

Section 13 of the Act provides for the powers of the commission

 • Powers of a civil court while trying a suit under the Code of Civil
procedure,1908
• To require any person to furnish information on such points or
matters subject to any privilege which may be claimed by that
person under any law for the time being in force.
• Enter into any building or place where the commission has reasons
to believe that any document relating to the subject matter or inquiry
may be found and may seize any such document or make extracts
or copies therefrom subject to the provisions of sec 100 of Criminal
Procedure Code,1973.

Q9. What is the state human rights commission? How is it

constituted?

Ans. Section 21 of the act provides for establishment of State Human

Rights Commission headed by Chairperson who shall be retired Chief
justice of a High Court, there shall be one other member who shall be a
judge either in High Court or district Court.

The State Commission shall inquire only into matters listed in List II and
List III of seventh schedule.

The chairperson of commission shall be appointed by the Chief Minister,

the members shall be appointed by speaker of legislative assembly,
minister in charge of department of home and leader of opposition. The
members shall be appointed for a period of five years. The state shall
appoint other officers as it deems necessary.

State Commission from time to time submits report on matters of concern

and urgency. The State Commission shall submit an annual report to the
State Government and may at any time submit special reports on any
matter which, in its opinion is of such urgency or importance that it should
not be deferred till submission of the annual report.

(2) The State Government shall cause the annual and special reports of
the State Commission to be laid before each House of state Legislature
where it consists of two Houses, where such Legislature consists of one
House, before that House along with a memorandum of action taken or
 proposed to be taken on the recommendations of the State commission
and the reasons for non-acceptance of the recommendations if any.

[Link] is the work of Human rights court under sec 30 of the act?

Ans. Human Rights court is also established under section 30 of the Act
for the purpose of providing speedy trial of offences arising out of violation
of human rights. The State Government, may specify for each district a
Court of Session to be a Human Rights Court. A special public prosecutor
shall also be appointed to try such cases.

Issues of rights of women and children

Child Rights:
Who is a “CHILD”?
According to international law, a ‘child’ means every human being below the
age of 18 years. This is a universally accepted definition of a child and
comes from the United Nations Convention on the Rights of the
Child (UNCRC), an international legal instrument accepted and ratified by
most countries.

India has always recognised the category of persons below the age of 18
years as distinct legal entity. That is precisely why people can vote or get a
driving license or enter into legal contracts only when they attain the age of
18 years. Marriage of a girl below the age of 18 years and a boy below 21
years is restrained under the Child Marriage Restraint Act 1929. Moreover,
after ratifying the UNCRC in 1992, India changed its law on juvenile justice
to ensure that every person below the age of 18 years, who is in need of
care and protection, is entitled to receive it from the State.

Why do children need special attention?

• Children are more vulnerable than adults to the conditions under

which they live.
 • Hence, they are more affected than any other age group by the
actions and inaction of governments and society.
• In most societies, including ours, views persist that children are their
parents’ property, or are adults in the making, or are not yet ready to
contribute to society.
• Children are not seen as people who have a mind of their own, a view
to express, the capacity to make a choice and an ability to decide.
• Instead of being guided by adults, their life is decided by adults.
• Children have no votes or political influence and little economic power.
Too often, their voices are not heard.
• Children are particularly vulnerable to exploitation and abuse.

What are the Child Rights?

• All people under the age of 18 are entitled to the standards and rights
guaranteed by the laws that govern our country and the international
legal instruments we have accepted by ratifying them.
• The Constitution of India guarantees all children certain rights, which
have been specially included for them. These include:
• Right to free and compulsory elementary education for all children in
the 6-14 year age group (Article 21 A).
• Right to be protected from any hazardous employment till the age of
14 years (Article 24).
• Right to be protected from being abused and forced by economic
necessity to enter occupations unsuited to their age or strength (Article
39(e)).
• Right to equal opportunities and facilities to develop in a healthy
manner and in conditions of freedom and dignity and guaranteed
protection of childhood and youth against exploitation and against
moral and material abandonment (Article 39 (f)).

Besides these they also have rights as equal citizens of India, just as
any other adult male or female:

• Right to equality (Article 14).

• Right against discrimination (Article 15).
• Right to personal liberty and due process of law (Article 21).
• Right to being protected from being trafficked and forced into bonded
labour (Article 23).
• Right of weaker sections of the people to be protected from social
injustice and all forms of exploitation (Article 46).

The State must:

 • Make special provisions for women and children (Article 15 (3)).
• Protect interest of minorities (Article 29).
• Promote educational interests of weaker sections of the people (Article
46).
• Raise the level of nutrition and standard of living of its people and the
improvement of public health (Article 47).

The parliament of India enacted the Right of Children to Free and

Compulsory Education Act or Right to Education Act (RTE) on August
2009. The same got enforced on April 1st 2010.
As per the act, education is a fundamental right of every child who is
between 6 and 14 years old. The act also states that until the completion
of elementary education, no child shall be held back, expelled or
required to pass a board examination. There is also a provision for
special training of school drop-outs to bring them up to par with students
of the same age.

Juvenile Justice (Care and Protection of Children) Act, 2015 has been
passed by Parliament and allows for juveniles in conflict with Law in the
age group of 16–18, involved in Heinous Offences, to be tried as adults.
The Act also sought to create a universally accessible adoption law for
India, overtaking the Hindu Adoptions and Maintenance Act (1956)
(applicable to Hindus, Buddhists, Jains, and Sikhs) and the Guardians
and Wards Act (1890) (applicable to Muslims), though not replacing
them.

The POCSO Act, 2012 is a comprehensive law to provide for the protection
of children from the offences of sexual assault, sexual harassment and
pornography, while safeguarding the interests of the child at every stage of
the judicial process.

United Nations Convention on the Rights Of The Child

The most significant of all international laws for children is the UN
Convention on the Rights of the Child, popularly referred to as the CRC.
This, together with our Indian Constitution and Laws, determine what rights
all children must have.

What is the UN Convention on the Rights of the Child?

Human rights belong to all people, regardless of their age, including
children. However, because of their special status - whereby children need
extra protection and guidance from adults - children also have some special
rights of their own. These are called children’s rights and they are laid out in
the UN Convention on the Rights of the Child (CRC).
Significant features of the UN Convention on the Rights of the Child (CRC)

• Applies equally to both girls and boys up to the age of 18, even if they
are married or already have children of their own.
• The convention is guided by the principles of ‘Best Interest of the
Child’ and ‘Non-discrimination’ and ‘Respect for views of the child.’
• It emphasises the importance of the family and the need to create an
environment that is conducive to the healthy growth and development
of children.
• It obligates the state to respect and ensure that children get a fair and
equitable deal in society.

It draws attention to four sets of civil, political, social, economic and cultural
rights:

• Survival
• Protection
• Development
• Participation

Right to Survival includes

• Right to life.
• The highest attainable standard of health.
• Nutrition.
• Adequate standard of living.
• A name and a nationality.

Right to Development includes

• Right to education.
• Support for early childhood care and development.
• Social security.
• Right to leisure, recreation and cultural activities.
Right to Protection includes freedom from all forms of

• Exploitation.
• Abuse.
• Inhuman or degrading treatment.
• Neglect.
• Special protection in special circumstances such as situations of
emergency and armed conflicts, in case of disability etc.

Right to Participation includes

• Respect for the views of the child.

• Freedom of expression.
• Access to appropriate information.
• Freedom of thought, conscience and religion.

All rights are dependent on each other and are indivisible.

Women Rights in India

The rights available to women in India can be classified into two
categories namely constitutional rights and legal rights. The
constitutional rights are those which are provided in the various
provisions of the constitution. The legal rights are those which are
provided in the various laws or acts of the Parliament and the state
legislatures.
Constitutional rights of women
The Article 15(1) states that the State shall not discriminate against any
citizen of India on the ground of sex
According to Article 15(3) - State can make any special provision for
women
According to Article 16(2), no citizen shall be discriminated against or
be ineligible for any employment or office under the state on the ground
of sex

The Article 23(1) prohibits the practice of human trafficking in India.

As per Article 39(a), women have the right to an adequate means to
livelihood.

As per Article 39(d), the state shell secure equal pay for equal work for
both men and women.
As per Article 39(e), the state is required to ensure that the health and
strength of women workers are not abused and they are not forced by
economic necessity to enter evocations unsuited to their strength
According to Article 42, the state shall make provision for securing just
and humane conditions of work and Maternity relief
According to Article 51-A(e), it shall be the duty of every citizen of India
to renounce practices derogatory to the dignity of women

As per Article 243D(3) Not less than one third of the total number of
seats to be filled by direct election in every Panchayat shall be reserved
for women.

As per Article 243-D(4) One-third of the total number of offices of

chairpersons in the Panchayats at each level shall be reserved for
women

As per Article 243-T(3) One-third of the total number of seats to be

filled by direct election in every Municipality shall be reserved for
women

As per Article 243-T(4) offices of chairpersons in the Municipalities

shall be reserved for women in such manner as the State Legislature
may provide.

Legal Rights for Women in India

• Protection of Women from Domestic Violence Act (2005) is a

comprehensive legislation to protect women in India from all forms
of domestic violence
• Immoral Traffic Prevention Act (1956) for prevention of trafficking
for commercial sexual exploitation
• Indecent Representation Of Women (Prohibition) Act (1986)
prohibits indecent presentation of women through advertisements
or in publications writings paintings figures or in any other manner
• Commission of Sati (Prevention) Act (1987) provides for more
effective prevention of the commission of Sati and its glorification
on women
• Dowry prohibition Act (1961) prohibits the giving or taking of dowry
at or before or any time after the marriage from women or her
family.
• Maternity Benefit Act (1961) regulate the employment of women in
certain establishments for certain period before and after childbirth
and provides for Maternity benefits and certain other benefits
• Medical Termination of Pregnancy Act (1971) provides for the
termination of certain pregnancies by registered medical
practitioners on humanitarian and medical grounds
• Pre-Conception and Pre Natal Diagnostic Techniques (Prohibition
of Sex Selection) Act (1994) prohibit sex selection before or after
conception and prevents the misuse of prenatal Diagnostic
techniques for sex determination leading to female foeticide
• Equal Remuneration Act (1976) provides for payment of equal
remuneration to both men and women workers for same work or
work of a similar nature. It also prevents discrimination on the
grounds of sex against women in recruitment and service
conditions
• Family Courts Act (1984) provides for the establishment of family
courts for speedy settlement of family disputes
• Indian Penal Code (1860) provides provisions to protect Indian
women from dowry death rape kidnapping cruelty and other
offences
• Code of Criminal Procedure (1973) has certain safeguards for
women like obligation of a person to maintain his wife, arrest of
women by Female police, prevention of arrest of women from 6pm
to 6am and so on
• Indian Christian Marriage Act (1872) contains provisions relating to
marriage and divorce among Christian community
• Legal Services Authority Act (1987) provides for free legal services
to Indian women
• Hindu Marriage Act (1955) introduced monogamy and provided
equal rights to Indian men and women in respect of marriage and
divorce
• Hindu Succession Act (1956) recognises the right of women to
inherit parental property equally with men
• Minimum Wages Act (1948) does not allow discrimination between
male and female workers or different minimum wages for them
• Mines Act (1952) and Factories Act (1948) prohibits employment
of women between 7:00 p.m. to 6 a.m. in mines and factories and
provides for their safety and welfare