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HUMAN RIGHTS

Updated on :
 June 12, 2024
 10:39 am

Here are the answers to your questions on Human Rights:

Q. 1. Define Human rights. Discuss briefly various theories relating to Human Rights

Human Rights: Human rights are the basic rights and freedoms that belong to every person in the world,

regardless of nationality, sex, ethnicity, language, religion, or any other status. These rights are inherent

to all human beings and are protected by law. They include civil, political, economic, social, and cultural

rights, such as the right to life, liberty, equality, freedom of expression, and the right to work, education,

and health.

Theories relating to Human Rights:

1. Natural Law Theory: Human rights are derived from natural law and are inherent to human

beings. They are not granted by governments but are universally applicable to all people.

2. Positivist Theory: Human rights are created by law and recognized by governments. They exist

because states grant them through legal systems.

3. Cultural Relativism: Human rights should be understood in the context of different cultures and

societies. What may be a human right in one culture might not be in another.

4. Universalism: Human rights are universal and should apply to all people, regardless of culture,

country, or religion.

Q. 2. Discuss the evolution, origin and development of Human Rights

Origin and Evolution: The origin of human rights can be traced back to ancient civilizations like the

Greeks and Romans, who believed in certain freedoms and rights of individuals. However, the modern

concept of human rights began to take shape in the 17th and 18th centuries with the philosophical works

of John Locke, Jean-Jacques Rousseau, and others who championed individual liberties and freedoms.
Development: The concept gained global recognition with documents such as the Magna CartaLLB
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the English Bill of Rights (1689), and the American Declaration of Independence (1776). The French

Revolution (1789) and the subsequent Declaration of the Rights of Man and of the Citizen were

significant milestones in the recognition of individual rights. The 20th century saw the establishment of

the Universal Declaration of Human Rights (1948), marking a turning point in the global promotion and

protection of human rights.

Q. 2-A. Discuss stages of development of Human Rights

1. Ancient and Medieval Period: In early civilizations, human rights were often limited to certain

groups of people like the aristocracy or citizens, with very little protection for the lower classes or

slaves.

2. Enlightenment Era: The 17th and 18th centuries marked the beginning of philosophical

reflections on human rights. Thinkers like John Locke and Jean-Jacques Rousseau promoted

ideas of liberty, equality, and fraternity.

3. Post-Revolutionary Period: Following the American and French Revolutions, declarations like

the Declaration of the Rights of Man and the Citizen (1789) and the U.S. Bill of Rights (1791)

established foundational human rights.

4. 20th Century and the Universal Declaration of Human Rights (1948): The aftermath of World

War II and the atrocities committed during the war led to the formation of the United Nations and

the adoption of the Universal Declaration of Human Rights.

5. Modern Period: Human rights have continued to evolve, with ongoing debates on issues like

environmental rights, gender equality, and refugee rights.

Q. 3. Examine the nature and scope of Universal Declaration of Human Rights 1948

Nature: The Universal Declaration of Human Rights (UDHR) is a non-binding resolution adopted by the

United Nations General Assembly in 1948. It is a milestone document that outlines the basic rights and

freedoms to which all humans are entitled.

Scope: The UDHR covers a wide range of rights, including civil, political, economic, social, and cultural

rights. It sets forth the right to life, liberty, and security; freedom of speech and religion; the right to work

and education; and protection against discrimination. While it is not legally binding, it has had a profound

influence on international law and has inspired many national constitutions and laws.
Q. 4. Discuss the role of the United Nations in the development and promotion of Human Rights
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Role of the United Nations: The United Nations (UN) plays a critical role in promoting and protecting

human rights globally. Through the creation of the UN Human Rights Council, the Office of the High

Commissioner for Human Rights, and various treaties and conventions like the International

Covenant on Civil and Political Rights (ICCPR) and International Covenant on Economic, Social

and Cultural Rights (ICESCR), the UN works to uphold human rights standards.

The UN also conducts investigations into human rights violations, supports the implementation of human

rights laws, and provides a platform for states to discuss and improve human rights conditions.

Q. 5. Write an essay on the European Convention on Human Rights

The European Convention on Human Rights (ECHR) is a treaty adopted by the Council of Europe in

1950 to protect human rights and fundamental freedoms in Europe. The Convention is legally binding on

the 47 member states of the Council of Europe, and its implementation is overseen by the European

Court of Human Rights (ECtHR).

The Convention guarantees a wide range of rights, including the right to life, the prohibition of torture,

freedom of expression, and the right to a fair trial. The ECHR serves as a key mechanism for individuals

seeking redress for human rights violations committed by their governments, making it one of the most

important instruments for human rights protection in Europe.

Q. 6. Discuss the importance and role of the U. N. High Commissioner for Human Rights

The UN High Commissioner for Human Rights is the head of the Office of the High Commissioner for

Human Rights (OHCHR), which works to promote and protect human rights worldwide. The High

Commissioner plays a vital role in addressing human rights abuses, advocating for the enforcement of

international human rights law, and providing assistance to governments and civil society organizations to

strengthen human rights protections.

The High Commissioner also works to raise awareness about global human rights issues, provides

technical assistance to governments, and represents the UN at the international level regarding human

rights matters.
Q. 7. Discuss the various measures for the implementation of Human Rights LLB Not

Measures for the implementation of human rights include:

1. International Treaties and Conventions: Treaties like the UDHR, ICCPR, and ICESCR establish

international norms and standards.

2. National Legislation: Countries enact laws to protect human rights and ensure their citizens’

rights are upheld.

3. Judicial Oversight: Courts and tribunals, including the ECtHR and international criminal courts,

hold governments accountable for human rights violations.

4. Monitoring Bodies: Organizations like the UN Human Rights Council and various human rights

NGOs monitor compliance with human rights standards.

5. Education and Advocacy: Raising awareness and educating people about their rights is

essential for the widespread respect of human rights.

Here are the answers to your questions:

Q. 8. Discuss various Civil and Political Rights embodied in the International Covenant on Civil

and Political Rights, 1966

The International Covenant on Civil and Political Rights (ICCPR), 1966, is a key international treaty

adopted by the United Nations that recognizes a broad range of civil and political rights. The covenant’s

main provisions include:

1. Right to Life (Article 6): Every human being has the inherent right to life, and no one shall be

arbitrarily deprived of life.

2. Freedom from Torture (Article 7): No one shall be subjected to torture or to cruel, inhuman, or

degrading treatment or punishment.

3. Equality before the Law (Article 26): All individuals are entitled to equal protection of the law

without any discrimination.

4. Freedom of Speech and Expression (Article 19): Everyone has the right to hold opinions

without interference and to seek, receive, and impart information and ideas.

5. Right to a Fair Trial (Article 14): Everyone has the right to be heard by a competent,

independent, and impartial tribunal in the determination of their rights.

 6. Freedom of Assembly (Article 21): Individuals have the right to assemble peacefully. LLB Not
7. Freedom of Association (Article 22): The right to freely associate with others for peaceful

purposes.

8. Right to Participate in Public Affairs (Article 25): All citizens have the right to take part in the

conduct of public affairs, directly or through freely chosen representatives.

Q. 9. Write an essay on the role of the Human Rights Committee in the promotion and protection

of Human Rights

The Human Rights Committee (HRC) is a body of 18 experts established under the ICCPR to monitor

the implementation of the Covenant. The role of the Committee includes:

1. State Party Reports: The Committee reviews periodic reports submitted by state parties to

ensure they are fulfilling their obligations under the Covenant.

2. Individual Communications: The Committee hears complaints from individuals who claim their

rights under the Covenant have been violated, though only for those countries that have accepted

the Optional Protocol.

3. General Comments: The Committee provides authoritative interpretations of the rights enshrined

in the Covenant through general comments, offering guidance to states on how to comply with

their obligations.

4. Concluding Observations: The Committee issues recommendations based on the review of

state parties’ reports, highlighting areas where improvements are needed in the protection of civil

and political rights.

Q. 10. Explain the relationship between Human Rights and the Indian Constitution

Human rights and the Indian Constitution are closely intertwined. The Constitution of India provides a

legal framework for the protection of fundamental rights, many of which align with the basic human rights

recognized under international law.

Part III of the Indian Constitution (Fundamental Rights) guarantees civil and political rights

such as the right to equality, right to freedom of speech, right to protection against discrimination,

and right to protection of life and personal liberty.

 Part IV (Directive Principles of State Policy), although not enforceable by law, serves as
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guidelines for the state to promote social and economic rights, advancing the welfare of the

people.

The impact of the Universal Declaration of Human Rights (UDHR) and the ICCPR on the Indian

Constitution is reflected in the recognition of civil liberties, equality, and individual rights. The framers of

the Indian Constitution were influenced by these international instruments in ensuring that citizens’ rights

were safeguarded.

Q. 11. Distinguish between Fundamental Rights and Human Rights

1. Fundamental Rights: Fundamental Rights in India are guaranteed by Part III of the Constitution.

These rights are enforceable by the courts and can be amended only by the Parliament. They

include rights such as the right to equality, freedom of speech, protection against discrimination,

and the right to life and personal liberty.

2. Human Rights: Human Rights are universal rights recognized under international law, such as the

Universal Declaration of Human Rights (UDHR). These are natural rights inherent to all human

beings, irrespective of nationality, and are protected at the international level.

Q. 11-A. Explain the Human Rights to Equality as provided in the Constitution. Refer to the

leading cases.

The right to equality is enshrined in Article 14 to 18 of the Indian Constitution. This includes:

1. Article 14: Equality before the law, ensuring that no person is denied equality before the law or

equal protection of the laws.

2. Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

3. Article 16: Provides equality of opportunity in employment or appointment under the state.

4. Article 17: Abolishes untouchability and forbids its practice in any form.

5. Article 18: Abolishes titles, preventing the state from granting titles, except military and academic

distinctions.

Leading Cases:
 1. Maneka Gandhi v. Union of India (1978): The Supreme Court expanded the scope of Article
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(right to life and personal liberty) to include the right to freedom of speech and expression.

2. State of West Bengal v. Anwar Ali Sarkar (1952): The Supreme Court held that any law that

violates the principles of equality must be struck down.

Q. 12. Discuss the scope and ambit of the provisions of Article 21 of the Constitution as expanded

by the Supreme Court of India from time to time in the light of the provisions of the International

Covenant on Civil and Political Rights, 1966

Article 21 of the Indian Constitution guarantees the right to life and personal liberty, and it has been

expansively interpreted by the Indian Supreme Court. It provides that no person shall be deprived of their

life or personal liberty except according to the procedure established by law.

The scope of Article 21 has been widened to include rights such as the right to a clean

environment, the right to health, the right to privacy, and the right to livelihood.

The Supreme Court’s expansion includes several landmark judgments, such as:

Maneka Gandhi v. Union of India (1978): The Court ruled that the procedure must be just,

fair, and reasonable.

Vishakha v. State of Rajasthan (1997): The Court held that women have the right to be free

from sexual harassment at the workplace.

In comparison with the ICCPR, Article 21’s interpretation aligns with the principles set forth in the

Covenant, especially in terms of ensuring due process, the protection of life, and personal liberty.

Q. 12-A. Write short notes on the following:

(1) Right to self-determination:

The Right to Self-Determination is a fundamental principle in international law, recognizing the right of

peoples to freely determine their political status and pursue their economic, social, and cultural

development. This right is enshrined in Article 1 of the ICCPR and ICESCR. It grants all peoples the

right to freely choose their sovereignty and independence, and is often applied in contexts such as

decolonization and independence movements.

Here are the answers to your questions:

(2) Slavery, Slave Trade, and Servitude

Slavery refers to the condition where individuals are owned by others, deprived of personal freedom,
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forced to work without consent. The Slave Trade involves the commercial exchange of slaves,

particularly in the context of the transatlantic slave trade. Servitude refers to the condition of being forced

to serve another, often under conditions similar to slavery, but without being owned.

International Instruments:

The Universal Declaration of Human Rights (UDHR), Article 4, explicitly prohibits slavery, the

slave trade, and servitude.

The International Covenant on Civil and Political Rights (ICCPR), Article 8, also prohibits

slavery and servitude, except in the case of punishment for crime.

The Convention on the Abolition of Slavery (1956) aims to eliminate slavery and related

practices worldwide.

In India, Article 23 of the Constitution prohibits trafficking in human beings, forced labor, and child labor,

ensuring that all individuals are protected from exploitation.

Q. 12-B. Public Interest Litigation (PIL) has expanded the ambit and scope of Human Rights in

India?

Public Interest Litigation (PIL) has played a significant role in expanding the scope of human rights in

India by allowing public-spirited individuals or organizations to approach the courts for the enforcement of

fundamental rights, especially on behalf of disadvantaged groups. PIL has made it possible for the courts

to address issues that affect the general public, such as environmental degradation, violations of labor

rights, and social justice issues.

PIL has been instrumental in:

1. Expanding the interpretation of Article 21 (Right to Life and Personal Liberty) to include rights

such as the right to a clean environment, education, and health.

2. Facilitating access to justice for marginalized sections of society, such as women, children, and

prisoners.

3. Enabling judicial intervention in cases of government failure or negligence, such as in matters

related to safety, pollution, and exploitation.

Through PIL, courts have interpreted human rights as dynamic and evolving, making them more
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inclusive.

Q. 13. Examine the provisions of International Instruments relating to prevention of cruel and

inhuman punishment and compare them with those of the Indian Constitution

International instruments that prohibit cruel, inhuman, or degrading punishment include:

1. Article 5 of the UDHR: “No one shall be subjected to torture or to cruel, inhuman or degrading

treatment or punishment.”

2. Article 7 of the ICCPR: “No one shall be subjected to torture or to cruel, inhuman, or degrading

treatment or punishment.”

3. Convention Against Torture (1984): This treaty focuses specifically on the prevention of torture

and other cruel, inhuman, or degrading treatment.

Indian Constitution:

Article 21 of the Indian Constitution provides the right to life and personal liberty, which has been

expansively interpreted by the Supreme Court to include the prohibition of torture and inhuman

treatment.

Article 22 prohibits arbitrary arrest and detention and provides safeguards against torture and

inhuman treatment while under arrest.

The Supreme Court of India, in cases such as D.K. Basu v. State of West Bengal (1997), has

provided detailed guidelines to prevent custodial torture.

In both international law and the Indian Constitution, there is a clear prohibition against any form of

torture or degrading treatment, with the same goal of ensuring dignity and personal security.

Q. 14. Discuss the legal protection available to an offender against arbitrary arrest and detention

The legal protections against arbitrary arrest and detention are provided in the Indian Constitution and

International Law:

Indian Constitution:
 Article 22 ensures that no person shall be arbitrarily arrested or detained. It provides
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safeguards such as the right to be informed of reasons for arrest, the right to consult a legal

practitioner, and the right to be produced before a magistrate within 24 hours.

It also prohibits detention without trial for more than three months unless the Advisory Board

approves it.

International Law:

The ICCPR (Article 9) ensures that no one shall be subjected to arbitrary arrest or detention,

and everyone is entitled to a remedy if unlawfully detained.

The UDHR (Article 9) also guarantees the right to freedom from arbitrary arrest or detention.

The legal safeguards provided by these instruments aim to prevent abuse by authorities and protect

individuals from unjust detention.

Q. 15. Write an essay on the freedom of opinion and expression. Discuss the restriction on the

freedom of speech and expression

Freedom of Opinion and Expression is a fundamental human right guaranteed by Article 19 of the

Indian Constitution and Article 19 of the UDHR. It allows individuals to hold opinions without

interference and to freely express those opinions through speech, writing, and other forms of

communication. This right is essential for the functioning of democracy and the promotion of diverse

ideas and opinions.

However, this right is not absolute. Both the Indian Constitution and international instruments allow for

certain restrictions on freedom of speech and expression to balance individual rights with public interest.

These restrictions include:

1. Public Order: Speech that incites violence or disrupts public peace may be restricted.

2. Security of the State: Speech that threatens national security may be limited, such as in cases of

sedition or terrorism.

3. Defamation: False statements that harm the reputation of others can be restricted.

4. Morality: Expressions that are obscene or offensive to public morality may be restricted.

5. Contempt of Court: Speech that undermines the authority of the judiciary can be restricted.
In India, Article 19(2) allows the government to impose reasonable restrictions on freedom of LLB
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provided the restrictions are justified on one of the grounds mentioned above. The courts ensure that

these restrictions are not abused and are proportional to the need for limiting free speech.

Q. 16. Discuss how far Directive Principles of State Policy under the Indian Constitution recognize

the economic, social, and cultural rights as guaranteed under International Instruments on

Human Rights

The Directive Principles of State Policy (DPSPs) in Part IV of the Indian Constitution aim to guide

the state in making laws and policies to achieve social, economic, and cultural justice. These principles

align with the International Covenant on Economic, Social, and Cultural Rights (ICESCR), which

recognizes the right to work, the right to an adequate standard of living, and the right to education.

1. Right to Work: Article 41 of the Indian Constitution directs the state to ensure that the right to

work is provided to all citizens.

2. Right to Education: The DPSP promotes free and compulsory education for children under

Article 45, which aligns with the provisions of ICESCR.

3. Right to Adequate Living Standards: Article 38 aims to ensure that the economic disparities

among citizens are minimized, providing a basis for the state’s role in ensuring the welfare of its

citizens.

4. Right to Health: While not explicitly mentioned, the DPSPs suggest that the state should ensure

public health and well-being, aligning with the ICESCR‘s provisions for the right to health.

Q. 17. Examine the nature of Directive Principles of State Policy as provided in the Indian

Constitution and give a brief account of its contents

The Directive Principles of State Policy (DPSPs) are guidelines or directives provided to the state to

secure a just society. They are not enforceable by courts but are meant to guide government policy and

law-making.

Key Points:

1. Social and Economic Justice: The DPSPs emphasize the welfare of individuals, including

access to education, health, and adequate living conditions.

 2. Promotion of Welfare: They call for the reduction of income inequalities and the establishment of
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a fair economic system.

3. Environmental Protection: The DPSPs emphasize the protection and improvement of the

environment and the conservation of natural resources.

Importance: The DPSPs are based on the ideals of social justice, aiming to create a more equitable and

inclusive society. They influence the development of laws and policies that enhance human rights in

India.

Q. 18. Discuss “the Right to Education” in the light of the provisions of International Instruments

and Part IV of the Indian Constitution

The Right to Education is recognized as a fundamental human right by the UDHR (Article 26) and the

ICESCR (Article 13). The Indian Constitution includes the right to education under Article 21-A, which

mandates free and compulsory education for children between the ages of 6 and 14 years.

International Instruments, particularly the UN Convention on the Rights of the Child (1989), also

emphasize the right to education, ensuring that education is available and accessible to all children.

In India, the Right to Education Act (RTE), 2009, is a landmark piece of legislation that implements

Article 21-A, making it legally enforceable.

Q. 19. Write an exhausting essay on “Right to Work” in the light of provisions under International

Instruments as well as Indian Constitution

The Right to Work is a fundamental right that is recognized under Article 23 of the UDHR and Article 6

of the ICESCR, which stipulates that every person has the right to the opportunity to gain their living by

work they freely choose or accept.

In India, Article 41 of the Constitution directs the state to ensure the right to work. The Mahatma Gandhi

National Rural Employment Guarantee Act (MGNREGA), 2005, provides a legal guarantee for work

and wages for rural households.

Q. 20. Discuss provisions relating to adequate food in International Instruments and Indian

Constitution
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The ICESCR (Article 11) recognizes the right to adequate food as part of the right to an adequate

standard of living.

The UDHR (Article 25) also recognizes the right to food as essential for the well-being of

individuals.

Indian Constitution:

Article 21 provides for the right to life, which the Supreme Court has interpreted to include the

right to food.

The National Food Security Act (2013) aims to ensure food security for all citizens.

Q. 21. Write short notes on “Right to Cultural Activities” according to the provisions of

International Instruments as well as Indian Constitution

The Right to Cultural Activities is enshrined in Article 27 of the UDHR, which grants individuals the

right to freely participate in their cultural life. This right includes access to cultural activities, the

preservation of cultural identity, and the protection of cultural heritage.

In India, Article 29 and 30 of the Constitution provide cultural and educational rights to minorities,

ensuring they have the right to conserve their language, script, and culture.

Here are the answers to your questions:

Q. 21-A. How the Human Right to Religion is given in the Constitution of India. Whether India is a

Secular State? Refer to leading cases of the Supreme Court in this regard

The right to religion is enshrined under Article 25 to 28 of the Indian Constitution, which guarantees

the freedom of conscience and free profession, practice, and propagation of religion. These articles

provide for:

Article 25: Provides the freedom of conscience and the right to freely practice and propagate

one’s religion, subject to public order, morality, and health.

Article 26: Provides religious denominations or any section of religious groups the right to manage

their religious affairs.

 Article 27: Prohibits the government from compelling any person to pay taxes for the promotion of
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any particular religion.

Article 28: Prohibits religious instruction in state-funded educational institutions.

Secular State: India is a secular state, meaning the state does not favor any particular religion and

ensures equal treatment of all religions. The Supreme Court has affirmed this in various judgments:

In Kesavananda Bharati v. State of Kerala (1973), the Court emphasized that secularism is a

basic feature of the Indian Constitution.

In S. R. Bommai v. Union of India (1994), the Court reiterated that secularism is a part of the

basic structure of the Constitution, and any law or policy favoring one religion is unconstitutional.

Q. 22. Discuss the Right to form and join trade unions under International Instruments and Indian

Constitution

The Right to form and join trade unions is a fundamental labor right under international law and the

Indian Constitution.

International Instruments:

Article 23 of the UDHR guarantees the right to freely form and join trade unions for the protection

of one’s interests.

ILO Convention 87 (Freedom of Association and Protection of the Right to Organize) recognizes

the right of workers to form and join trade unions without interference.

ILO Convention 98 emphasizes the right of workers to organize and engage in collective

bargaining.

Indian Constitution:

Article 19(1)(c) of the Indian Constitution guarantees the right to form associations, including

trade unions.

Trade Unions Act, 1926 regulates the formation, registration, and functions of trade unions in

India.
The Supreme Court has upheld the right to form and join trade unions, asserting that the state
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ensure that workers can exercise these rights without coercion or interference.

Q. 23. Write a short but critical note on “Right to Legal Aid”

The Right to Legal Aid is an essential aspect of human rights, ensuring that everyone has access to

justice, particularly the underprivileged and marginalized sections of society. In India, the Right to Legal

Aid is considered a fundamental right under Article 21 (Right to Life and Personal Liberty) of the

Constitution, as interpreted by the Supreme Court in M.H. Hoskot v. State of Maharashtra (1978),

where the Court held that the right to free legal aid is a fundamental right of every accused person.

Critical Note:

While the right to legal aid is guaranteed, the implementation remains a challenge due to the lack

of adequate infrastructure, trained personnel, and financial support.

The Legal Services Authorities Act, 1987 established Legal Aid Cells across the country, but

awareness about the availability of free legal aid is still low in rural and remote areas.

Despite these challenges, legal aid plays a crucial role in ensuring that justice is accessible to all,

regardless of economic status.

Q. 23-A. The Preamble, Fundamental Rights, and Directive Principles of State Policy of the

Constitution constitute the Holy Sangam of Ganga-Yamuna sacrosanct as Human Rights of

Ganga Yamuna in Prayagraj

The Preamble, Fundamental Rights, and Directive Principles of State Policy (DPSPs) are integral to

the Constitution, and together they form the “sacrosanct” foundation for ensuring justice, equality, and the

protection of human rights in India.

The Preamble embodies the ideals of justice, liberty, equality, and fraternity, serving as the

guiding light for the entire Constitution.

Fundamental Rights (Part III) guarantee individual freedoms and rights that protect citizens from

the state’s arbitrary actions and safeguard their dignity.

DPSPs (Part IV) provide a roadmap for achieving social and economic justice and improving the

welfare of the people, especially the marginalized.

Together, these parts form the “Holy Sangam” or confluence, symbolizing the union of individual
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and state responsibilities to secure human rights in India.

Q. 24. Discuss the composition of International Human Rights Commission and evaluate its role

in the context of protection of Human Rights

The International Human Rights Commission (IHRC) is an organization designed to promote and

protect human rights globally, though it is not a formal part of the United Nations system. However, many

countries and regional organizations have set up similar bodies.

Composition:

The IHRC is usually composed of independent experts from diverse backgrounds, including law,

diplomacy, and human rights activism, who monitor the human rights situation in different regions.

Role:

The IHRC plays a key role in investigating human rights abuses, promoting awareness, and

advocating for the protection of fundamental freedoms worldwide.

It also works with states and non-governmental organizations to improve human rights conditions

through diplomacy, advocacy, and policy recommendations.

Q. 24-A. Discuss the composition and function of Human Rights Council

The Human Rights Council (HRC) is an intergovernmental body within the United Nations responsible

for strengthening the promotion and protection of human rights worldwide.

Composition:

The HRC consists of 47 member states, elected by the UN General Assembly for a three-year

term. Members are selected based on their commitment to human rights.

The Council is made up of various specialized bodies such as the Universal Periodic Review

(UPR) mechanism, Special Procedures, and the Advisory Committee.

Function:
 The Council discusses human rights violations, debates issues, and makes resolutions to promote
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and protect human rights globally.

It conducts Universal Periodic Reviews of member states’ human rights records and works on

addressing human rights violations.

Q. 25. Discuss in brief the provisions of the Geneva Convention, 1949 relating to the Treatment of

Prisoners of War

The Geneva Conventions of 1949 are a set of treaties that establish the standards for humanitarian

treatment of prisoners of war, the wounded, and civilians in armed conflicts.

Prisoners of War (POWs) must be treated humanely, without any adverse distinction based on

race, nationality, religion, or political opinions.

POWs must not be subjected to torture, cruel treatment, or degrading punishment.

They must be provided with adequate food, shelter, and medical care, and allowed to

communicate with their families.

The Third Geneva Convention specifically focuses on the treatment of POWs and ensures their

protection under international law.

Q. 26. Discuss the status of human rights of women under the International Instruments. To what

extent Indian law protects the rights of women?

International Instruments:

CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women),

1979, is a key international treaty that advocates for the elimination of gender-based

discrimination.

UDHR (Article 2 and 21) and ICESCR (Article 10) guarantee equality and protection from

discrimination.

Indian Law:

Constitutional Provisions: Article 14, Article 15, Article 21, and Article 39 ensure equality

before the law, protection from discrimination, and safeguard women’s rights to life and personal

liberty.
 Laws protecting women: Dowry Prohibition Act, 1961, Protection of Women from Domestic
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Violence Act, 2005, Sexual Harassment of Women at Workplace (Prevention, Prohibition,

and Redressal) Act, 2013, and others ensure the protection of women against various forms of

discrimination and violence.

Despite these protections, implementation challenges remain, and women continue to face social,

cultural, and economic discrimination.

Q. 27. Discuss International Convention on the Rights of Children

The Convention on the Rights of the Child (CRC), adopted by the United Nations in 1989, is the most

widely ratified human rights treaty. It defines the civil, political, economic, social, health, and cultural

rights of children, including:

1. Right to survival (right to life, health, and protection from exploitation)

2. Right to development (education, leisure, and cultural activities)

3. Right to protection (protection from abuse, neglect, and exploitation)

4. Right to participation (right to express views and opinions)

Q. 28. Discuss the main provisions of the Convention relating to the Status of Refugees of 1951.

Also, discuss Indian position in respect of refugees

The 1951 Refugee Convention outlines the rights of refugees and the legal obligations of states. Key

provisions include:

1. Non-refoulement: Refugees should not be returned to countries where they face threats to life or

freedom.

2. Rights of Refugees: Refugees are entitled to the same rights as nationals in relation to

education, employment, and public assistance.

3. Refugee Status Determination: States must establish procedures for determining refugee status.

Indian Position: India is not a signatory to the 1951 Refugee Convention but has provided asylum to

refugees through Indian laws, such as the Foreigners Act, 1946, and the Registration of Foreigners

Act, 1939.
Q. 29. Describe the objects and importance of the Protection of Human Rights Act, 1993,
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explain the main features of the Act.

The Protection of Human Rights Act, 1993 (PHRA) was enacted by the Government of India to provide

a legal framework for the protection and promotion of human rights in India. The main objective of this Act

is to safeguard the rights of individuals and ensure that any violations are effectively addressed.

Objects of the Act:

1. To establish a National Human Rights Commission (NHRC): The Act created the NHRC, an

autonomous body, to monitor human rights violations in India, investigate complaints, and make

recommendations for remedies.

2. To ensure the protection of human rights: It aims to create a comprehensive mechanism for the

protection and promotion of human rights at the national level.

3. To strengthen human rights jurisprudence in India: It seeks to build a robust legal framework

that aligns with international human rights standards.

4. To empower individuals to seek remedies: It provides an avenue for citizens to approach the

NHRC in case of human rights violations by the state or any other entity.

Importance of the Act:

Legal Accountability: The Act holds public authorities accountable for violations of human rights

and ensures that they take steps to prevent and redress violations.

Independent Body: The NHRC operates independently, ensuring impartial investigation and

advocacy for human rights issues.

Human Rights Awareness: The Act helps in spreading awareness about human rights and

creating a culture of respect for human dignity across the country.

Main Features of the Protection of Human Rights

Act, 1993:
1. Establishment of National Human Rights Commission (NHRC):

The NHRC is the apex body responsible for monitoring human rights in India. It consists of a

chairperson (retired Chief Justice of India) and members from diverse backgrounds, including

law, social work, and human rights.

 2. State Human Rights Commissions (SHRCs): LLB Not
The Act also provides for the establishment of State Human Rights Commissions in each state

to address human rights violations at the state level.

3. Investigation and Inquiry:

The NHRC has the power to investigate violations of human rights and make

recommendations to the concerned authorities. It can also summon witnesses and demand

documents.

It can intervene in cases pending before a court if they involve human rights violations.

4. Protection and Redressal Mechanism:

The Act empowers the NHRC to take suo-motu action on human rights violations and can

recommend the provision of compensation or relief to victims.

It can also recommend actions to prevent future violations, such as changes in law, policy, or

practice.

5. Recommendation and Reports:

The NHRC has the authority to issue recommendations to the government on how to improve

human rights conditions and policies.

It is required to submit an annual report to the President of India, detailing its activities and

recommendations.

6. Power to Issue Writs:

The NHRC has the power to issue directions or writs in certain cases related to human rights

violations, although it cannot directly order judicial relief.

7. Expansion of Powers of the NHRC:

Over time, the scope of the NHRC’s powers has been expanded through amendments to the

Act. For example, it can now investigate complaints related to the armed forces under certain

conditions.

8. Protection from Torture and Custodial Abuse:

The Act emphasizes the prevention of torture and abuse, particularly in police custody, and

outlines the role of the NHRC in addressing such issues.

9. International Alignment:

The Act brings Indian law closer to international human rights norms, making India’s

commitment to human rights more robust.

Evaluation of the Provisions:

The Protection of Human Rights Act, 1993, has been a significant step toward strengthening
LLB the
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protection of human rights in India. The creation of the NHRC and SHRCs provides a structured and

accessible mechanism for addressing violations. However, there are some challenges:

Limited Powers: The NHRC’s recommendations are not legally binding, which can sometimes

limit its effectiveness in ensuring compliance.

Implementation Gaps: There have been instances where the government or state authorities do

not fully implement the NHRC’s recommendations, affecting its ability to protect human rights.

Resource Constraints: Both the NHRC and SHRCs face resource and personnel constraints,

which affect their capacity to address the growing number of human rights cases effectively.

Awareness Issues: Despite the Act, there is still a lack of awareness about human rights

protections among marginalized sections of society, which hampers the effective utilization of

these rights.

Despite these challenges, the Protection of Human Rights Act remains an essential tool in promoting

and safeguarding human rights in India. It reflects India’s commitment to addressing human rights issues

in a structured and systematic manner, though further reforms may be necessary for greater

effectiveness.

Q. 30. Discuss powers and functions of National Human Rights Commission under the Protection

of Human Rights Act, 1993.

The National Human Rights Commission (NHRC), established under the Protection of Human

Rights Act, 1993, is a statutory body tasked with the promotion and protection of human rights in India. It

functions independently of the government, ensuring impartiality in investigating human rights violations.

Composition of NHRC:
The NHRC consists of:

1. Chairperson: A retired Chief Justice of India.

2. Members:

One member should be a retired Judge of the Supreme Court.

Two members should be persons with experience in the field of human rights, law, social work,

or human rights protection.

Powers of NHRC: LLB Not

1. Investigation Powers: The NHRC can investigate any violation of human rights by public

authorities or private individuals, either suo-motu or upon complaints. It can summon witnesses,

demand documents, and make recommendations for remedies.

2. Recommend Actions: It has the authority to recommend actions to the concerned authorities,

including providing compensation to victims, revising laws, or making institutional changes to

prevent human rights violations.

3. Issue Directives: The NHRC can issue directions to government authorities to prevent violations,

such as issuing guidelines for police conduct or correctional facility standards.

4. Power to Conduct Inquiries: It can conduct inquiries or investigations into human rights

violations either on its own initiative or on a complaint made to it.

5. Issuance of Writs: NHRC can issue writs to protect human rights and provide relief in case of

violations.

6. Intervention in Court Cases: The NHRC can intervene in cases pending before courts if they

involve human rights violations, but only with the court’s permission.

7. Annual Reports: It submits an annual report to the President of India, detailing its activities,

inquiries, and recommendations.

Functions of NHRC:
1. Protection of Human Rights: NHRC works to promote human rights awareness and protect

human dignity by addressing grievances of victims of violations.

2. Policy Advocacy: It recommends legal reforms and policy changes to promote human rights

protection in the country.

3. Research and Education: The NHRC works on research, training programs, and awareness

campaigns regarding human rights and their enforcement.

4. Promotion of International Standards: The NHRC ensures that India’s human rights standards

comply with international human rights conventions.

Complaints that cannot be entertained by NHRC:

The NHRC cannot entertain complaints or take action in the following cases:
 1. Matters outside its jurisdiction: Complaints related to private disputes or issues not involving
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human rights violations by public authorities.

2. Pending Judicial Proceedings: It cannot intervene in matters already being dealt with by courts

unless the case involves a violation of human rights.

3. Issues relating to Service Disputes: Complaints related to service matters like promotions,

retirements, or salary issues of government employees.

Q. 31. Discuss in brief the organisation, jurisdiction and functions of State Human Rights

Commission.

Each state in India has its own State Human Rights Commission (SHRC), modeled on the NHRC, and

functions under the Protection of Human Rights Act, 1993.

Organisation of SHRC:
Chairperson: A retired Judge of a High Court or a person with experience in law or human rights.

Members: Similar to the NHRC, two members with experience in human rights or law.

Jurisdiction:
State Level: The SHRC has jurisdiction over human rights violations occurring within the state.

It handles complaints and cases where the violation of rights occurs due to the actions of state

authorities, including police, government departments, or local bodies.

Functions of SHRC:
1. Investigation of Complaints: SHRC investigates human rights violations within the state, either

suo-motu or based on complaints.

2. Recommendation: It can recommend actions, including compensation for victims, policy

changes, and law reforms to the state government.

3. Awareness Campaigns: Similar to the NHRC, it conducts awareness programs regarding human

rights issues at the state level.

4. Annual Reports: The SHRC submits an annual report to the Governor of the state regarding its

activities.
Q. 32. Write short notes on the following: LLB Not

(a) Removal of Chairperson or any other Member of State Human Rights Commission: The

Chairperson or any other member of a State Human Rights Commission can be removed by the

President of India on grounds of misbehavior or incapacity after an inquiry by a Supreme Court judge.

The procedure is similar to that followed for the removal of the chairperson of the NHRC.

(b) Jurisdiction of State Human Rights Commission: The SHRC has jurisdiction to investigate and

review human rights violations committed within the state. It handles complaints against state

government bodies, including law enforcement and local authorities. However, it does not have

jurisdiction over violations occurring at the national level or those involving the central government.

Q. 33. Discuss the needs and importance of the establishment of separate (special) Human Rights

Courts in India.

Special Human Rights Courts (HRCs) have been established to expedite the justice process related to

human rights violations. The need for these courts arises from the increasing number of human rights

violations and the backlog in regular courts.

Importance:
1. Expedited Justice: HRCs are designed to deal with human rights violations promptly, ensuring

timely justice for victims.

2. Specialized Knowledge: Judges in these courts are trained specifically in human rights law,

leading to better-informed decisions.

3. Accessibility: The establishment of HRCs makes it easier for victims to seek justice, especially in

remote or marginalized areas.

4. Encouragement of Accountability: These courts help in holding perpetrators of human rights

violations accountable.

Q. 34. Discuss the role of the Supreme Court of India for the protection and enforcement of

Human Rights.

The Supreme Court of India plays a crucial role in the protection and enforcement of human rights

through:
 1. Judicial Review: It can review laws and government actions to ensure they do notLLB
violate
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fundamental rights.

2. Public Interest Litigation (PIL): The Court accepts PILs, enabling individuals or organizations to

approach the Court on behalf of the marginalized and oppressed sections of society.

3. Expansion of Fundamental Rights: The Supreme Court has expanded the scope of fundamental

rights through various judgments, such as the right to life under Article 21, which includes the

right to a clean environment, health, and dignity.

4. Human Rights Jurisprudence: It has developed a rich human rights jurisprudence, often in line

with international human rights norms.

5. Monitoring and Directing Authorities: The Court has ordered various authorities to take steps

for the protection of human rights, such as setting up of task forces, and monitoring prison

conditions.

Here are the responses to questions 35 to 50:

Q. 35. Discuss the role of the judiciary in the protection of human rights in India.

The judiciary, particularly the Supreme Court of India, plays a pivotal role in the protection of human

rights in the country. It exercises judicial review to examine the constitutionality of laws and government

actions. Through Public Interest Litigation (PIL), the Court has become a powerful tool for advocating

and protecting the rights of disadvantaged groups. It has also expanded the scope of fundamental rights

under Article 21 (Right to Life and Personal Liberty) to include various rights such as the right to privacy,

right to a clean environment, right to education, and the right to health. Additionally, the judiciary ensures

the implementation of international human rights norms through its judgments.

Q. 36. Discuss the role of the National Commission for Women (NCW) in the protection of

women’s human rights in India.

The National Commission for Women (NCW) is a statutory body established under the National

Commission for Women Act, 1990. It works to safeguard and promote the rights of women in India. The

NCW investigates and reviews complaints regarding violations of women’s rights, such as domestic

violence, sexual harassment, and discrimination. It also advises the government on policies related to

women’s welfare and legal reforms. Through advocacy, research, and legal assistance, the NCW plays a

significant role in promoting gender equality and the protection of women’s human rights.
Q. 37. Discuss the relationship between the Universal Declaration of Human Rights and theLLB
Indian
Not
Constitution.

The Universal Declaration of Human Rights (UDHR), adopted by the United Nations in 1948, serves

as a foundation for global human rights standards. The Indian Constitution, adopted in 1950, reflects

many of these principles. Part III of the Constitution guarantees Fundamental Rights to citizens, which

align with the rights enshrined in the UDHR, such as the right to equality, the right to freedom of speech,

and the right to life and personal liberty. Furthermore, Directive Principles of State Policy in Part IV

provide for social and economic rights, similar to the UDHR’s emphasis on welfare and economic rights.

India has often referred to the UDHR while interpreting the scope of fundamental rights in judicial

decisions.

Q. 38. Discuss the status of human rights of children under international human rights law.

The Convention on the Rights of the Child (CRC), adopted by the United Nations in 1989, is the key

international instrument safeguarding the human rights of children. It defines a child as any person under

the age of 18 and outlines a wide range of civil, political, economic, social, and cultural rights for children.

These include the right to education, protection from exploitation, the right to health, and the right to

participate in decisions affecting their lives. India ratified the CRC in 1992 and has enacted several laws,

such as the Right of Children to Free and Compulsory Education Act, 2009, to align with its

obligations under the CRC.

Q. 39. Discuss the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The International Covenant on Economic, Social and Cultural Rights (ICESCR), adopted by the UN

General Assembly in 1966, is a key treaty in international human rights law. It aims to ensure the

enjoyment of economic, social, and cultural rights by all individuals. The Covenant recognizes rights such

as the right to work, the right to health, the right to education, and the right to an adequate standard of

living. Countries that ratify the Covenant are obligated to take steps to progressively realize these rights

through national policies and legal frameworks. India ratified the ICESCR in 1979 and is obligated to

report on its implementation periodically.

Q. 40. Discuss the role of human rights in international trade law.

Human rights and international trade law intersect in various ways, especially in ensuring that
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practices do not violate human rights. For instance, trade agreements may include provisions that protect

labor rights, environmental standards, and consumer rights. The World Trade Organization (WTO),

while primarily focused on trade, has mechanisms that indirectly affect human rights by setting standards

for labor and environmental protection. Similarly, regional trade agreements and bilateral trade treaties

may include clauses on respecting human rights standards, such as the prohibition of child labor, forced

labor, and discriminatory practices. Countries are increasingly integrating human rights considerations

into trade policies and agreements to ensure sustainable and equitable development.

Q. 41. Discuss the role of non-governmental organizations (NGOs) in the promotion of human

rights.

Non-governmental organizations (NGOs) play a critical role in promoting and protecting human rights

worldwide. NGOs often work at grassroots levels to raise awareness, educate people about their rights,

and advocate for legal and policy reforms. They also document human rights violations, provide legal aid

to victims, and offer direct services such as health care, education, and shelter to marginalized groups.

Through advocacy, NGOs hold governments accountable, pressuring them to comply with international

human rights standards. Organizations like Human Rights Watch and Amnesty International have had

a significant impact on global human rights protection.

Q. 42. Discuss the right to health under international human rights law.

The right to health is a fundamental human right recognized in various international treaties and

documents, most notably the International Covenant on Economic, Social and Cultural Rights

(ICESCR), Article 12, which mandates the right to the highest attainable standard of physical and mental

health. This includes access to adequate healthcare services, clean water, sanitation, nutrition, and other

social determinants of health. Countries are required to take steps to improve public health and ensure

non-discriminatory access to healthcare for all people, especially vulnerable populations. The World

Health Organization (WHO) also plays a key role in global efforts to ensure the realization of this right.

Q. 43. Discuss the protection of human rights in conflict zones.

In conflict zones, human rights protection becomes particularly challenging. International humanitarian

law, particularly the Geneva Conventions, provides a legal framework for the protection of civilians,
prisoners of war, and other non-combatants during armed conflicts. However, violations such asLLB
torture,
Not
extrajudicial killings, and forced displacement are common in these areas. Organizations like the

International Committee of the Red Cross (ICRC) and United Nations High Commissioner for

Refugees (UNHCR) work to provide humanitarian aid and monitor human rights abuses in conflict zones.

Additionally, international human rights law seeks to hold perpetrators accountable through mechanisms

like the International Criminal Court (ICC).

Q. 44. Discuss the importance of the right to vote as a human right.

The right to vote is a fundamental human right, as recognized in the Universal Declaration of Human

Rights (UDHR), Article 21, which affirms the right of every citizen to take part in the government of their

country. Voting is a cornerstone of democracy, allowing individuals to participate in the decision-making

processes that shape their lives. It ensures political equality and gives people a voice in choosing their

representatives and influencing public policy. The right to vote is crucial for the protection of civil and

political rights, as it empowers citizens to hold governments accountable for their actions.

Q. 45. Explain the relationship between human rights and the environment.

Human rights and the environment are deeply interconnected, as a healthy environment is essential for

the enjoyment of fundamental human rights, such as the right to life, health, and an adequate standard of

living. International instruments like the Rio Declaration on Environment and Development (1992) and

Agenda 21 emphasize the need for sustainable development, which balances environmental protection

with the promotion of human rights. Furthermore, the right to a healthy environment is increasingly

recognized as part of the right to life under international law, with growing advocacy for environmental

justice, especially for vulnerable communities facing environmental degradation, pollution, and climate

change.

Q. 46. Discuss the role of regional human rights systems.

Regional human rights systems complement global frameworks by addressing specific human rights

issues within a particular region. Notable examples include:

1. The European Convention on Human Rights (ECHR), enforced by the European Court of

Human Rights.
 2. The American Convention on Human Rights (ACHR), with the Inter-American Court of
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Human Rights.

3. The African Charter on Human and Peoples’ Rights (ACHPR), overseen by the African

Commission on Human and Peoples’ Rights.

These systems offer additional legal protections, provide accessible judicial remedies for victims of

human rights violations, and promote regional cooperation on human rights issues. They contribute to the

global human rights movement by developing region-specific jurisprudence and offering more localized

enforcement mechanisms.

Q. 47. Discuss the role of media in the promotion and protection of human rights.

The media plays a significant role in promoting and protecting human rights by raising awareness about

human rights violations, holding governments and institutions accountable, and providing a platform for

marginalized groups to voice their concerns. Investigative journalism uncovers abuses such as

corruption, inequality, and discrimination, often sparking public debates and policy reforms. Media also

educates people about their rights and responsibilities, contributing to the development of a rights-

conscious society. However, challenges remain in ensuring media freedom and preventing censorship,

especially in authoritarian regimes.

Q. 48. Discuss the rights of refugees under international law.

The rights of refugees are primarily governed by the 1951 Refugee Convention and its 1967 Protocol,

which define a refugee as someone who is unable or unwilling to return to their country of origin due to

fear of persecution. Refugees are entitled to various rights, including:

1. Non-refoulement: The principle that refugees should not be returned to a country where they face

persecution.

2. Right to work, education, and social security.

3. Access to basic needs such as food, shelter, and healthcare.

The UN High Commissioner for Refugees (UNHCR) is tasked with overseeing the protection of

refugees globally. India, while not a signatory to the 1951 Refugee Convention, has provided refuge to

various refugee populations based on humanitarian grounds.

Q. 49. Discuss the role of human rights education in promoting human rights. LLB Not

Human rights education is essential for promoting the values of dignity, equality, and respect for all

individuals. It involves teaching people about their rights, the mechanisms for their protection, and how to

address violations. It is vital for developing a culture of human rights in societies and empowering

individuals to stand up against injustices. Educational programs can take place at various levels, from

schools to universities to community-based initiatives, and they encourage active participation in human

rights advocacy. By fostering awareness and understanding, human rights education equips individuals

to demand and protect their rights and the rights of others.

Q. 50. Write a brief essay on the role of the United Nations in the protection of human rights.

The United Nations (UN) plays a central role in the protection of human rights globally. The UN’s

Human Rights Council (UNHRC) is a key body for promoting and protecting human rights. It monitors

human rights situations, makes recommendations to member states, and coordinates humanitarian

responses. The UN has also established various treaties and conventions, such as the International

Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of All Forms

of Racial Discrimination (CERD), to create binding legal standards for human rights. The UN Office of

the High Commissioner for Human Rights (OHCHR) supports member states in strengthening their

human rights frameworks. Through peacekeeping missions, humanitarian aid, and diplomatic

interventions, the UN works to address human rights violations in conflict zones and fragile states.