1

USHA JAGANATH LAW

ACADEMY
Registered office: No. 32, Narmadha Nathi Street,

Mahatma Gandhi Nagar, Madurai – 625 014.

Ph: 9994449004, 9994449001. Email:

jaganathassociates@[Link]

HUMAN RIGHTS
(NEW BATCH)

BY

P. Jaganathan, MA., MBA., MMM., ML., (Contracts).,

ML.(Admn., & Lab. Laws).,

(Gold Medalist, & University Rank Holder in Law for all the
three years of Law degree Course)

Usha Jaganathan,M.A., M.A., ML.,

J.P. Arjun, M.A., M.B.A., LL.M.,

Advocates
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HUMAN RIGHTS
(NEW BATCH)
(FOR 2024 LL.B., EXAMINATION)

MOST IMPORTANT AND MOST EXPECTED CHAPTERS

AND QUESTIONS - SIMPLE LANGUAGE

1. DEFINITION, MEANING, SOURCES / ORIGIN /

EVOLUTION (DEVELOPMENT), THEORIES AND
KINDS OF HUMAN RIGHTS

UNIVERSITY QUESTIONS

1. Explain the definition, meaning and theories of

Human rights.
2. What are the different theories of human rights?
3. Write Short note on: (a) Meaning of human rights
(b) Theories of human rights.

Answer

A. DEFINITION

Human Rights are fundamental and non transferable

rights of every human being.

Human Rights are essential for living as human being.

The Protection of Human Rights Act 1993 - Sec. 2(d)

defines ‘Human Rights’ as rights relating to life, liberty,
equality and dignity of the individual. These rights are
guaranteed by the Indian Constitution. They may also be
available in the International Covenants (legal
agreements) and enforceable by Indian Courts.
 3

Human rights are also called by names like

‘fundamental rights’, ‘natural rights’, ‘basic rights’, ‘birth
rights’ or ‘inherent rights’.

B. MEANING

Human rights are possessed by every human being.

The human being may be a male or female, a Christian or
Muslim, an Indian or an American.

These rights are possessed by human beings

irrespective of Caste, Creed, Race, Religion, Nationality,
Sex, Colour of the skin, etc.

They are inherent rights possessed by every human

being.

These are birthrights and are essential to fully

develop and use human intelligence and talents.

They are also needed to enjoy basic freedoms.

They are necessary to satisfy physical, spiritual and

other needs.

In short, the rights which are essential for

maintaining human life, liberty, equality and dignity are
called Human rights.

These are also the minimum rights which every

individual must have against the Government or Public
authority or Fellow Colleagues.

C. SOURCES/EVOLUTION OF HUMAN RIGHTS

I. Magna Carta:

King John of England, on 15th June 1215, granted

Magna Carta to the English Barons.
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Magna Carta contained laws protecting the rights of

communities which the King was bound to honour.

In case the King failed to honour the rights, the

communities had remedies to protecting the rights.

II. Petition of Rights and Bill of Rights:

In 1628, the Magna Carta was approved by the

Parliament of England and it was named as ‘Petition of
Rights’. The Petition of Rights recognised that the
Parliament is superior over the Crown as regards human
rights.

The Petition of Rights became ‘Bill of Rights’ in the

year 1689.

III. Hugo Grotius, Dicey, Thomas Acquinas, Sir Edward

Coke:

Hugo Grotius, Dicey, Thomas Acquinas, Sir Edward

Coke declared that human beings possess certain basic
rights like equality before law, right to freedom of speech,
etc.

IV. Declarations and Constitution Benches:

Declarations and Constitution Benches of many

Nations supported Bill of Rights and included them as the
fundamental rights of their nationals.

V. The American Declaration of Independence 1776,

Virginia Bill of Rights 1776 & Constitution Rights
1776:

The American Declaration of independence 1776,

Virginia Bill of Rights 1776, Constitution Rights 1776 and
 5

subsequent amendments and statutes recognised the

fundamental rights of men and women.

VI. French Revolution in France:

The French Revolution in France helped the growth of

human rights. President Roosue Volt proclaimed four
types of freedoms namely freedom of speech, freedom of
religion, freedom from wants and freedom from fear.

D. THEORIES (SCHOOLS) OF HUMAN RIGHTS

There are two basic theories (schools) of human rights,

(a) Relative Theory (School)

(b) Universal Theory (School)

A. Relative theory (school):

The Relative Theory says that while human rights are

necessary, they vary according to culture.

B. Universal theory (school):

Universal Theory says that ‘human rights’ need to be

applied uniformly throughout the world. - called
‘Standard Human Rights’.

Among the two theories, the Universal Theory is more

practical, as it has been acknowledged by [Link].,

E. KINDS OF HUMAN RIGHTS

As per United Nations Charter, Human rights can be

broadly classified into two types. They are:

1. Civil and Political Rights

2. Economic, Social and Cultural rights
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1. Civil and Political Rights:

a. Civil Rights:

Civil rights are rights related to protection of the

right to life and right to personal liberty.

b. Political Rights:

Political rights are rights to participate in the

governance of a State.

2. Economic, Social and Cultural Rights:

These are rights relating to assurance of minimum

necessaries of life for human existence.

●●●

2. INTERNATIONAL COVENANT ON CIVIL AND

POLITICAL RIGHTS, 1966 (ENFORCEMENT
MACHINERY - HUMAN RIGHTS COMMITTEE, 1966)

UNIVERSITY QUESTIONS

1. The International covenants on civil and political

rights have both substantive and procedural parts for
implementation of human rights and fundamental
freedoms – Elucidate.
2. ‘The human rights enumerated in Universal
Declaration of Human Rights is of less legal binding
than International covenant on human rights’ -
Comment.
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3. ‘The work done by enforcement machinery in

implementation of human rights provided in the
International covenant on civil and political rights is
praiseworthy’ - Criticise.

Answer

A. INTRODUCTION

In 1947, the ‘Commission of Human Rights’ has

prepared a covenant (agreement)with specific rights
mentioned therein.

Such covenant is legally binding on all the Member

States of UNO.

This document is known as ‘International Covenant on

Human Rights’.

B. PREAMBLE

The preamble of the ‘covenant on civil and political

rights’ is based on the preamble and provisions of the
U.N. Charter and Universal Declaration of Human Rights
1948.

The preamble reads “the recognition of dignity and

non transferable rights of human family is the basis of the
freedom, justice and peace of the world.”

C. GENERAL - PART I

ARTICLE 1

1. All people have the right of self-determination and

can freely determine their political status, pursue the
economic, social and cultural development.
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2. All people can freely sell their natural wealth and

resources.

3. The Member States, non self governing and Trust

territories must promote human rights if people.

ARTICLE 2

1. To ensure to all its individuals the rights recognized

in this covenant

2. To adopt legislative/other necessary measures to give

effect to the rights.

3. To ensure effective remedy if rights or freedoms are

violated.

ARTICLE 3

To ensure the equal right of men and women to the

enjoyment of all civil and political rights.

D. TIMES OF EMERGENCY PART II

ARTICLE 4

1. In public emergencies, the State Parties may take

measures against violating the provisions of the
covenant.

2. Even in such emergency, there should be no violation

of rights as set out in Articles 6, 7, 8, 11, 15, 16 & 18
of the Covenant.
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3. The Member States must immediately inform the

reasons for the negative measures to the other
parties to the Covenant.

ARTICLE 5

1. The provisions in this covenant must not be

interpreted to destroy the rights and freedoms
mentioned in the Covenant.

2. There must be no restriction of any of the

fundamental human rights.
E. CIVIL AND POLITICAL RIGHTS -
PART III (ARTICLE 6 – 15)

1. Right to life.
2. Freedom from torture or cruelty.
3. Prohibition of slavery.
4. Right to liberty and security.
5. Right of detenue.
6. Prohibition of imprisonment for breach of contracts.
7. Right to movement and freedom to choose residence.
8. Prohibition of enemy nations from sending out without
sufficient reasons.
9. Right to equality before Courts.
10. No retrospective application of Criminal Laws.
11. Right to be recognized as a person before law.
12. Rights to privacy, family and home.
13. Freedom of thought, conscience and religion.
14. Right of freedom of opinion and expression.
15. Prohibition of spreading of war, national, racial or
religious hatred.
16. Right of peaceful assembly.
17. Right to freedom of association.
18. Right to marry and to have a family.
19. Right of every child to be protected.
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20. Right of every citizen to take part in public affairs, to

vote and to be elected.
21. Equality before law; and
22. Right of religious or linguistic minorities to enjoy their
own culture.

F. HUMAN RIGHTS COMMITTEE- PART IV

The part IV of the covenant says about the procedure

for the implementation of the covenant. It establishes
enforcement machineries for implementation of human
rights.

The Covenant has established a Human Rights Committee

with 18 members to follow the below mentioned
procedure:

i. Reporting Procedure
ii. Inter - state Communication System
iii. Conciliation Commission
iv. Individual Communication System

●●●

3. INTERNATIONAL COVENANT ON ECONOMIC,

SOCIAL AND CULTURAL RIGHTS, 1966

UNIVERSITY QUESTIONS

1. Enumerate the economic, social and cultural rights

set out in International Covenant on economic, social
and cultural rights, 1966.
2. ‘The full realization of civil and political rights without
the enjoyment of economic, social and cultural rights
is impossible’ – Comment.
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3. Explain briefly the Universal Declaration of Human

Rights and two International Covenants adopted
under it.
4. Write short notes on: (a) Economic, social and cultural
rights (b) Implementation machineries of economic,
social and cultural rights.

Answer

A. INTRODUCTION

The International Covenant on Economic, Social and

Cultural Rights was adopted by the General Assembly on
the recommendations of the Drafting Committee of the
Human Rights Commission on December 16, 1966.

B. SALIENT FEATURES

The Covenant contains preamble and 31 Articles

divided into four parts, which are as follows:

1. General provisions - Articles 1 to 5

2. Economic, Social and Cultural rights – Articles 6 to 15
3. Implementation Machinery – Article 16 to 25
4. Concluding Provisions – Article 26 to 31

C. GENERAL PROVISIONS
Article 1

1. All people have the right of self determination.

Because of these rights, they can freely decide their
political status and freely continue the economic,
social and cultural development.

2. All people can freely sell of their natural wealths and

resources.
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3. The Member States, Non Self Governing and Trust

territories must promote the right of self
determination and respect such right (Article 1)

Article 2

1. Each State Party undertakes to achieve the full

realisation of rights recognized in the present
covenant.

2. The State parties guarantee that the rights in the

covenant will be exercised without discrimination as
to race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth
or other status.

3. The developing countries should guarantee, at least

to a limited extent, the economic and human rights of
non nationals.

Article 3

The State parties undertake to ensure equal right of

men and women to the enjoyment of economic, social and
cultural rights.

Article 4

The States may impose legal limitations to human

rights solely for the purpose of promoting the general
welfare in a democratic society.

Article 5

1. A State, group or person has no right to do any act

aimed at the destruction or limitation of any of the
rights or freedom recognized in the covenant by
wrongly interpreting the covenant.
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2. No law, convention, regulation or custom can restrict

or derogate any fundamental human right recognized
in any country,

D. ECONOMIC, SOCIAL AND CULTURAL RIGHTS

(Article6 to 15)

1. Right to work.

2. Right to enjoyment of just and favorable conditions of

work.

3. Right to form Trade Unions and join Trade Union of

choice.

4. Right to social security.

5. Right relating to family, motherhood, childhood and
of young persons to protection and assistance and
the right of free consent to marriage.

6. Right to adequate standard of living including

adequate food, clothing and housing.

7. Right to the enjoyment of high standard of physical

and mental health.

8. Right to education – including compulsory and free

primary education.

9. Implementation of compulsory free education for all

within reasonable period.

10. Right to

a. take part in cultural life

b. enjoy the benefits of scientific progress and its

applications; and
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c. benefit from the protections of the moral and material

interests.

●●●

4. EUROPEAN CONVENTION/ COMMISSION ON

HUMAN RIGHTS, 1950 (REGIONAL HUMAN RIGHTS)
AND EUROPEAN COURT OF HUMAN RIGHTS

UNIVERSITY QUESTIONS

1. Enumerate the rights and freedoms provided under

the European Convention of Human Rights. Explain
with reference to cases.

2. Compare European Convention on human rights with

American Convention of Human rights.
3. Write short note on: European Convention of Human
Rights.
4. The European Court of Human Rights has played an
important role in protection of human rights -Discuss.

Answer

A. INTRODUCTION

Human Rights are implemented through UNO and its

agencies in their member states. In addition, there are
effective “Human Rights Implementation Agencies” at
regional level.

Such implementation of Human Rights at Regional

level is called ‘Regional Protection of Human Rights’.

There are five major systems at the Regional level. They

are:
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1. European system of implementation of Human Rights

2. American system of implementation of Human Rights

3. African system of implementation of Human Rights

4. Arabian system of implementation of Human Rights

5. Proposal for creation of Asian system of Human Rights.

Even though there are 5 major regional level systems

in implementing human rights, among them, European
system and the American system of implementing human
rights are considered to be vital.

B. EUROPEAN SYSTEM OF IMPLEMENTATION OF

HUMAN RIGHTS

The European Convention for Protection of Human

Rights, 1950 came into force in the year 1953.

In addition to the main Convention, there are eleven

protocols attached to the Convention and these Protocols
were added to increase the number of new human rights
and to set up committees etc.,

C. SALIENT FEATURES OF EUROPEAN CONVENTION FOR

HUMAN RIGHTS

1. It is the first Convention on human rights treaty in the

world for protection of human rights.

2. It initially dealt only with political and civil rights.

Subsequently, it started dealing with the economic
and social rights.
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The important rights are as under -

1. Rights to life.

2. Right against torture, inhuman or degrading

treatment.

3. Right against slavery and forced or compulsory

labour.

4. Right to liberty and security of person.

5. Right to fair and public hearing by independent and

impartial tribunal.

6. Right against retrospective criminal liability.

7. Right to private and family life, home and

correspondence.

8. Right to freedom of thought, conscience and religion.

9. Right to freedom of expression.

10. Right to assembly and association.

11. Right to marry and form a family.

12. Right to effective remedy

13. Right to peaceful enjoyment of one’s possessions.

14. Right to education.

15. Right not to be expelled from the State.

However, some of these rights could be suspended/

curtailed during times of war/emergency.

D. EUROPEAN COURT OF HUMAN RIGHTS

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The European Court of Human Rights was established

in the year 1953 under Article 19 of the European
Convention of Human Rights.

This is one of the long standing international human

rights Courts.

E. COMPOSITION

The Court consists of a number of Judges equal to the

number of members of the Human Rights Council of
Europe. The Judges are elected by majority vote.

F. JURISDICTION

The membership in European Convention of Human

Rights is the basis of jurisdiction of the Court. The Court
has jurisdiction extending to all cases, concerning the
interpretation and application of the European Convention
of Human Rights.

Without consent, no State other than the contracting

member states can be subjected to the jurisdiction of the
Court.

G. NATURE OF CASES

The Contracting Parties to the Convention or the

Commission may bring cases before the Court.

The following parties may bring a case before the Court:

a. A State party whose national is the victim.

b. A State party which referred the case to the

Commission.

c. A State party against whom the complaint was lodged.

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H. JUDGMENT

The judgment of the Court must state reasons for the

decisions. The decisions are given by simple majority. The
judgment of the Court is final and the parties to the
Convention must abide by the decision of Court.

I. IMPORTANT CASE LAWS

1. Iverson Vs. Norway, 1468/62 Year book VI, P. 328

Iverson was a Norwegian dentist. He was ordered to

practise in a remote village. Iverson joined the service,
but immediately left.

The Court fined him for disobeyal of ‘order of rural

service’. Against the order, Iverson filed the application
with the Commission. The Commission held that the order
to perform rural service did not constitute forced or
compulsory labour under the European Convention of
Human Rights.

2. Lawless Vs. Ireland, 332/57

Lawless was a suspected member of an illegal

organization. For preservation of peace and public order,
he was detained without trial under the ‘Offences Act
1940’ by the Government of Ireland.

Lawless filed a Habeas Corpus application for his

release. It was rejected by the Court.

Lawless appealed to the European Commission of

Human Rights. It held that Lawless’ arrest and detention
without trial was in violation of the Convention and
hence it awarded compensation to him.

●●●
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5. THE AMERICAN CONVENTION OF HUMAN RIGHTS

AND THE INTER AMERICAN COURT OF HUMAN
RIGHTS (REGIONAL PROTECTION OF HUMAN
RIGHTS)

UNIVERSITY QUESTIONS

1. Describe the rights enshrined in the American

Convention on Human Rights.
2. American Convention of Human Rights is similar to
European Convention of Human Rights - Comment.
3. Write short note on: (a) American Convention on
Human Rights (b) Inter – American Court of Human
Rights.

Answer
Human Rights are implemented through UNO and its
agencies in their member states. In addition, there are
effective “Human Rights Implementation Agencies” at
regional level.
Implementation of Human Rights at Regional level is
called ‘Regional Protection of Human Rights’.

There are five major systems at the Regional level.

They are:

1. European system of implementation of Human Rights

2. American system of implementation of Human Rights

3. African system of implementation of Human Rights

4. Arabian system of implementation of Human Rights

5. Proposal for creation of Asian system of Human

Rights among the above, the first two are important.
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AMERICAN SYSTEM OF IMPLEMENTATION OF HUMAN

RIGHTS

The source for protection of human rights in America

is the “American Convention of Human Rights”.

The American Convention came into force in 1978 and

as on date, more than 45 Member States of the
Organisation of American States have
ratified this Convention.

The American Convention of human rights is similar to

the European Convention of Human Rights.

The rights and duties under the American Convention

are from the American Declaration of Rights and Duties.

In terms of rights, it is similar to the contents of the

Universal Declaration of economic and social rights.

The American Convention is one of the longest

instruments among the international human rights. It
contains 32 articles and contains 26 rights and freedoms.
Some of the important rights recognized under the
Convention are -

1. The Right to life (Article 4)

2. Freedom from torture and inhuman treatment (Article

5)

3. Freedom from slavery and servitude (Article 6)

4. The right to liberty and security (Article 7)

5. The right to fair trial (Article 8)

6. Freedom from retroactivity of all Criminal laws

(Article 9)
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7. The right to respect for private and family life (Article

11)

8. Freedom of conscience and religion (Article 12)

9. Freedom of thought and expression (Article 13)

10. Freedom of Assembly (Article 15)

11. Freedom of association (Article 16)

12. Freedom to marry and have a family (Article 17)

13. The right of property (Article 21)

14. Freedom of movement (Article 22)

15. Freedom from exile( sending ur from one’s own

country)[(Article 22 (5)]

16. Prohibition of the collective expulsion of aliens

(enemies)[Article 22 (a)]

17. The right to free elections (Article 23)

18. The right to effective remedies if one’s rights are

violated (Article 25)
19. The right to recognition as a person before law
(Article25)

20. The right to compensation for miscarriage of justice

(Article 10)

21. The right to reply (Article 14)

22. The right to a name (Article 18)

23. The rights of child (Article 19)

24. The right to a nationality (Article 20)

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25. The right to equality before law (Article 24)

26. The right of asylum [Article 22 (7)]

INTER-AMERICAN COURT OF HUMAN RIGHTS

The Inter-American Court of Human Rights, was

established under the American Convention on Human
Rights 1978.

The Court consists of seven judges who are nationals

of members of Organisations of American States.

The regular term of the judges is six years and they

may be re-elected for one additional term.

There are two functions discharged by the American

Court on Human Rights

i. The power to decide disputes relating to a State

which is a party to the convention.

ii. The Court’s power is to interpret the American

Convention and certain other human rights treaties.

●●●
6. AFRICAN CHARTER OF HUMAN AND PEOPLE’S
RIGHTS
(THE AFRICAN COMMISSION ON HUMAN AND PEOPLES’
RIGHTS - AFRICAN CHARTER OF HUMAN AND PEOPLES
RIGHTS, 1981)

UNIVERSITY QUESTIONS

1. In Africa, human right violations are more than the

other parts of the world - Discuss.
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2. Explain the main provisions of ‘African Charter of

Human and Peoples Rights, 1981’
3. Write Short Note on - Human Right Protection in
South Africa (b) ‘African Charter of Human and
Peoples Rights, 1981’ (c) ‘African Commission on
Human and Peoples Rights’.

Answer

A. ORGANIZATION OF AFRICAN UNION (OAU)

By 1400 A.D., the Europeans like the English, the

French, the Dutch and the Belgians explored the Western
and Southern Africa and established their Colonies.

Since the African countries were underdeveloped, the

natives of Africa were made slaves and exported to
Europe and America.

The European countries practiced ‘Apartheid

Policy’ (i.e., a political system in South Africa separating
the different people and conferring special privileges to
people of European origin in the African colonies.)

Only in 1950, the anti-colonial struggle started in the

name of ‘Organization of African Unity’ (OAU) and after
prolonged freedom struggle, majority of the African
countries got their independence.

In 1963, the 52 Member States of OAU adopted a

charter for their unity, cooperation and development.

B. OAU CHARTER

The main purposes of the Charter are –

(i) Political & diplomatic co-operation,

(ii) Economic co-operation,
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(iii) Cooperation in health matters,

(iv) Scientific& technical co-operation,
(v) Co-operation in defence and security.

C. THE AFRICAN CHARTER ON HUMAN AND PEOPLES

RIGHTS, 1981

After the success of Charter of OAU, its members

formulated the ‘African Charter of Human and Peoples
Rights, 1981’ (UNDHAR).

I. RIGHTS

The Charter provides the following rights:

(1) Equality before law.

(2) Right to respect for life and integrity.
(3) Right to respect the dignity inherent in human being.
(4) Right to liberty and security.
(5) Right to be heard.
(6) Freedom of conscience and religion
(7) Right to receive information
(8) Right to form free association
(9) Right to assemble freely with others
(10) Freedom of movement and residence
(11) Right to participate in Government
(12) Right to property
(13) Right to work
(14) Right to health
(15) Right to education
(16) Right to family protection
(17) Right against domination of people by another
(18) Right to exist including right to self-determination
(19) Right to sovereignty over wealth and natural
resources
(20) Right to development
(21) Right to international peace and security
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(22) Right to environment.

II. DUTIES

1) Duty towards family, society, and the international

community

2) Duty to respect other rights, collective security and

common interest

3) Duty not to discriminate fellow beings

4) Duty to respect family and parents

5) Duty to serve national community

6) Duty not to compromise on national security

7) Duty to preserve national solidarity

8) Duty to preserve the territorial integrity of the

country

9) Duty to work in the interest of society

10) Duty to preserve and strengthen cultural values

11) Duty to contribute to the best of one’s ability for

promotion of the African Unity.

III. AFRICAN COMMISSION ON HUMAN AND PEOPLES

RIGHTS

Article 30 of ‘African Charter of Human and Peoples

Rights, 1981’ provides for establishment of a Commission
called ‘African Commission on Human and Peoples Rights’
to promote and protect human rights.

(a) Constitution:
 26

The Commission consists of a Chairman, Vice-

Chairman and eleven members.

(b) Functions:

1. To promote human and people rights –

a) To collect documents, undertake study&

research.

b) To formulate rules aimed at solving legal

problems.

c) To co-operate with other African and

international human right institutions.

2. To ensure the protection of human rights.

3. To interpret the provisions of the African Charter.

4. To perform other tasks entrusted by the Assembly of

Heads of States and Governments.

(c) Reporting procedure:

The member States must submit every two years, a

report on the legislative and other measures taken to give
effect to human rights and freedoms guaranteed by the
Charter.

(d) Violation of the provisions of the Charter:

If a State party believes that another State has

violated the provisions of the Charter, then it may bring to
the attention of violating State.
 27

The Commission, after due enquiry, takes suitable

penal/ remedial action against such violating State.

IV. HUMAN RIGHTS VIOLATIONS IN AFRICA

The main reason for human right violations in African

countries are due to mass poverty, illiteracy, lack of
awareness of human rights among their peoples.

It is because of this reason that in spite of existence

of many human right Charters, still there are gross
violations of human rights in most of the African States.

These violations are either politically or religiously or

ethnically motivated.

●●●

7. HUMAN RIGHTS AND FUNDAMENTAL RIGHTS

UNIVERSITY QUESTIONS

1. What are Human Rights? State to what extend Indian

Constitution is successful in implementing Human
Rights.
2. ‘Indian Constitution has incorporated many of the
Human Rights set out in the Universal Declaration of
Human Rights’ – Comment.
3. ‘Fundamental Rights and Human Rights are
complementary to one another’ – Comment.

Answer

The U.N Charter was adopted at San Francisco on

25th June, 1945 and it came into force on October 24
1945. India was also a country who signed and ratified the
Charter.
 28

Human Rights have been given effect in the Indian

constitution to in the form of fundamental rights, right to
freedom etc.,

A. HUMAN RIGHTS AND INDIAN CONSTITUTION

(Preamble and the Human Rights)

The preamble reads ‘we, … the people of India have

resolved to secure to all citizens, the following four
objectives:

a. Justice, social, economic and political;

b. Liberty of thought, expression, belief, faith and

worship;

c. Equality of status and opportunity and to promote

them among all;

d. Fraternity assuring the dignity of the individual and

the unity and integrity of the Nation.

B. UNIVERSAL DECLARATION OF HUMAN RIGHTS (CIVIL

AND POLITICAL RIGHTS) VS. INDIAN CONSTITUTION
(FUNDAMENTAL RIGHTS)

The Civil and Political Rights are incorporated in Part

III of the Indian Constitution namely fundamental rights.

The economic, social and cultural rights are

incorporated in Part IV of the Constitution namely
‘Directive Principles of State Policy’.

Indian Constitution and Universal Declaration of

Human Rights-Comparison:
 29

The Articles of the Indian Constitution and the

corresponding Articles of Universal Declaration of Human
Rights with description of rights are tabulated below:

Indian Constitution Fundamental Rights.

C. COVENANT ON CIVIL AND POLITICAL RIGHTS 1966

AND INDIAN CONSTITUTION

The following are the rights and freedoms commonly

found both in Indian Constitution and Covenant on Civil
and Political Rights 1966.

D. COVENANT ON ECONOMIC, SOCIAL AND CULTURAL

RIGHTS 1966 AND INDIAN CONSTITUTION

The following provisions of the International Covenant

on Economic, Social and Cultural Rights 1966 find a place
in the Indian Constitution and it is furnished as under.

●●●

8. NATIONAL HUMAN RIGHTS COMMISSION AND

STATE HUMAN RIGHTS COMMISSION (THE
PROTECTION OF HUMAN RIGHTS ACT, 1993)

UNIVERSITY QUESTIONS

1. Explain the salient provisions of the Protection of

Human Rights Act 1993 with particular reference to
National Human Rights Commission.

2. Explain the constitution, functions, powers and

procedure of enquiry of complaints by the National
Human Rights Commission.
3. Evaluate and critically comment the functions and
powers of the National Human Rights Commission.
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4. Write short notes on: (a) State Human Rights

Commission (b) Human Rights Courts in Districts.

Answer

A. NATIONAL HUMAN RIGHTS COMMISSION

The National Human Rights Commission has been

established by the Central Government to exercise the
conferred powers and perform the assigned functions
under the Protection of Human Rights Act 1993.

B. CONSTITUTION OF THE COMMISSION

1. The Commission consists of a Chairperson, who has

been the Chief Justice of the Supreme Court.

2. One member who has been the Judge of the Supreme

Court.

3. One member who has been the Chief Justice of a High

Court.

4. Two members are appointed among persons having

knowledge and practical experience in matters
relating to human rights.

5. Besides the above members, the ‘Chair Person’ of

‘National Commission of Minorities’.

6. The Chair Person of Scheduled Caste and Scheduled

Tribe.

7. The Chair Person of the National Commission for

Women are also Members of the Commission.

C. APPOINTMENT OF CHAIRPERSON AND OTHER

MEMBERS
 31

The Chairperson and other members of the

Commission are appointed by the President of India.

All members including Chairperson hold the post for a

period of 5 years and eligible for another term of 5 years
or till attaining 70 of age whichever is earlier.

D. FUNCTIONS OF THE COMMISSION

1. It enquires a complaint regarding violation,

abatement( removal) of human rights or negligence in
preventing such violation by a Public Servant.

2. The Commission intervenes in any court proceedings

involving any allegation of violation of human rights.

3. The Commission visits any jail or any institution

where persons are detained or lodged for treatment,
reformation or protection and to study their living
conditions and make suitable recommendations.

4. The Commission reviews the factors including

terrorism, and recommend remedial measures.

5. The Commission undertakes and promotes research in

the field of women’s’ rights.

6. The Commission encourages the efforts of Non

Governmental Organizations and Institutions working
in the field of human rights.

7. The Commission performs other necessary functions

for the promotion of human rights.

E. POWERS IN RELATION TO ENQUIRIES

1. Powers of Civil Court:

 32

a. Power to summon and enforce the attendance of the

witnesses and examine them on oath.

b. Power to discovery and production of any document.

c. Power to receive evidence on affidavits.

d. Power to requisition any public record or its copy

from any Court or Office.

e. Power to issue Commission for the examination of

witnesses or documents.

2. Power requiring to furnish information:

The Commission can require any person to furnish

any information regarding the subject matter.

3. Power of Seizure:

The Commission can enter into any building or any

place regarding any document relating to enquiry and
seize such document or take extracts subject to Sec.100
Cr.P.C.

4. Deemed of the Court:

A Commission is deemed a Civil Court, when any

offence under Sec. 175, 178, 179, 180 or 288 of I.P.C is
committed, in the presence of Commission. After
recording the facts of the offence, the Commission
forwards the case to the Competent Magistrate to try the
same.

5. Investigation:

The Commission, for conducting any investigation

relating to any enquiry can utilize the services of any
 33

officer or Investigation Agency of Central or State

Government.

Such authorised officer can summon any person,

enforce attendance, examine him, require the production
of any document, requisition any public record or copy
thereof from any office.

F. ENQUIRY INTO COMPLAINTS

The Commission enquiring into the complaints of

violation of human rights.

1. Can call for information or report from Central or

State Government or any other authority or
organization.

2. If the information is not received within

the fixed time, then the Commission proceeds to
enquire into the complaint on its own.

3. If the information or report is not satisfactory, then

the commission initiates enquiry into the nature of
complaint.

G. STATE HUMAN RIGHTS COMMISSION

The Act provides setting up of State Human Rights

Commission in State headquarters or other specified
places.

A State Commission consists of a Chair Person who

has been a Chief Justice of High Court, one member who
has been a Judge of the High Court, one member who has
been a District Judge in that State, and two members to
be appointed amongst persons having knowledge or
practical experience relating to human rights.
 34

The Chairperson and other members are appointed by

the Governor on the recommendation of a Committee
consisting of Chief Minister, Speaker, Home Minister and
leader of opposition in the Legislative Assembly.

The members hold office for a period of 5 years and

eligible for reappointment. The Secretary is the Executive
Officer of the Commission, who exercises the delegated
powers of the Commission.

The State Commission is empowered to perform all

functions which are entrusted to it by National Human
Rights Commission. The functions of both the
Commissions are similar.

State Commissions are now in existence in Himachal

Pradesh, West Bengal, Assam, Madhya Pradesh, Punjab,
Kerala, Tamil Nadu and Uttar Pradesh.

H. HUMAN RIGHTS COURTS IN DISTRICTS

The Act provides establishment of Human Rights

Courts in every district for speedy trial of offences arising
out of violation of Human Rights.

The Court of Sessions acts as a Human Rights Court.

The State Government appoints the Public Prosecutor

or an Advocate with 7 years practice to act as a Special
Public Prosecutor.

Since a special legislation has not been passed, the

powers and the functions of the Court are not clear. In
other words, these Human Rights Courts are in an infant
stage

●●●
 35

9. RIGHTS OF ACCUSED PERSONS

[Constitutional Safeguard Available to an Accused
Person in India Under (Art. 20 to 22 of the Indian
Constitution)]

UNIVERSITY QUESTIONS

1. What are the constitutional safeguards available to

an accused person in India?
2. Explain the Constitution protection available to
accused persons and their preventive detention in
prison.
3. Write Short note on: Constitutional safeguards
available to an accused person in India.

Answer

Article 20 to 22 of Indian Constitution provides safe

guards to accused persons. The provisions are as follows -

A. PROTECTION TO ACCUSED PERSONS (Art. 20)

1. Protection against Ex Post Facto Law: [Article 20

Clause (1)]:

Ordinarily a Legislature can make prospective as well

as retrospective laws, but clause (1) of Article 20 prohibits
Legislature to make retrospective criminal laws.

2. Double Jeopardy: [Article 20 Clause (2)]:

Indian Constitution says that “no person shall be

prosecuted and punished for the same offence more than
once”.

3. Prohibition against self incrimination: [Article 20

Clause (3)]:
 36

The Indian Constitution guarantees that no person

accused of any offence shall be compelled to be a witness
against himself. No one shall be compelled to give
testimony which may expose him to prosecution for crime.

In M.P. Sharma Vs. Satish Chandra

The Supreme Court observed that this right embodies

the following essentials:

1. It is a right pertaining to a person who is ‘accused of

an offence’.

2. It is a protection against compulsion to be a witness.

3. It is protection against such compulsion relating to

his giving evidence ‘against himself’.

State of Bombay Vs. Kathi Kalu

The Supreme Court held that the interpretation of the

phrase “to be witness” given in Sharma’s case was broad
and required a qualification.

Self incrimination can only mean conveying

information based on a person producing documents in
Court.

Thus when a person gives his finger impression or

specimen writing, or giving any personal testimony they
are merely materials for comparison.

Information given by an accused person to a police

officer which leads to the discovery of a fact is thus valid
and not compulsion.

C. SAFEGUARDS AGAINST ARBITRARY ARREST AND

DETENTION (Art. 22)
 37

Art. 22 provides the procedural requirements to be

followed in any procedure enacted by the legislature.

If such procedural requirements are not followed,

then it would be deprivation of personal liberty and would
be violative of Article 21.

Thus, Article 22 deals with 2 separate matters:-

1. Persons arrested under the ordinary law of crimes

Art. 22 clause (1) and (2).

2. Persons detained under the law ‘Preventive

Detention’ (Art. 22 Clause, (3) (4) (5) & (6))

The procedure prescribed under preventive detention

laws must be reasonable and just and fair under Article
14, 19 and 21 of the Constitution.

1. Persons arrested under the ordinary law of crimes:

Article 22 clause (1) and (2) guarantee four rights to

the persons arrested under an ordinary law. They are:

1. He must be informed of the ground of arrest as soon

as possible.

2. The arrested person has a right to be defended by a

lawyer of his own choice.

3. The arrested person must be produced before the

Magistrate within 24 hours of his arrest.

4. The arrested person cannot be detained for more

than 24 hours, except under judicial custody.

2. Constitutional Safeguards:
 38

The Article 22 clause (4) to (7) guarantee the

following safeguards to a person arrested under
Preventive Detention Law:

a. Review by Advisory Board: [Article 22 Clause (4)]:

After the 44th Amendment, the maximum period for

which a person may be detained without obtaining the
opinion of the Advisory Board is 2 months.

●●●

10. WOMEN
(Rights of women)(Convention on the elimination
of all forms of discrimination against women, 1979-
cedaw)

UNIVERSITY QUESTIONS

1. Explain the present status of women when compared

to the status of men in all streams of life.
2. Explain the special legal protections available to the
women to protect their rights.
3. Trace the rights of women with special reference to
legislations and conventions in protection of their
rights.
4. Write short notes on: (a) National Commission of
women (b) Rights of women (c) Equal pay for equal
work.

Answer

A. INTRODUCTION
 39

We call India is our Mother country and we treat our

Mother as Goddess. The ‘Universal Declaration of Human
Rights’ declares equality of both the sexes.

However in practice, this is not really followed.

Women are subjected to discrimination by men in many
ways. There is molestation, cruelty, kidnapping, eve-
teasing, rape, dowry death, sexual slavery, forced
prostitution, forced pregnancy, etc., where women are
victims.
B. LAWS AND WOMEN

1. Important Legislations:

Important legislations were enacted in the early

twentieth century. Child Marriage Restraint Act, 1929,
Hindu Marriage Act 1955, Special Marriage Act, 1954,
Hindu Women’s Right to Property Act, 1939, Hindu
Succession Act, 1956, Dowry Prohibition Act, 1961,
Domestic Violence Act, 2006 were some of the important
legislations.

2. Indian Constitution and Women:

The Indian Constitution guarantees equal rights to

women.

a. Fundamental rights:

i. Article 15 (1) provides - “the State should not

discriminate against any citizen on grounds only of
religion, race, caste, sex, place of birth or any of
them” thus ensuring that all citizens irrespective of
sex are to be treated equally by Government.

ii. Article 15 (3) of the Constitution reads, “Nothing in

this Article shall prevent the State from making any
special provision for women and children”.
 40

For e.g.: Reservations for women in Panchayats /

Municipalities / Corporations, concessions in tax in
the income of women, reservations in educational
Institutions, Government Services etc.

b. Directive Principles of State Policy:

The Directive principles in Article 39, direct its policy

towards securing:

i. That the citizen, men and women equally, have the

right to an adequate means of livelihood;

ii. That there is equal pay for equal work for, both men
and women;

iii. That the health and strength of workers, men and

women and the tender age of children are not
abused.

D. PROTECTION OF THE DIGNITY OF WOMEN

1. The Code of Criminal Procedure, 1963:

The Code of Criminal Procedure contains certain

special provisions for women. They are:

i. Sec. 51 (2): When a female is to be searched, such

search should be made by another femalewith strict
regard to decency.

ii. Sec. 53 (2): When a person to be medically examined

is a female, then examination must be made only by
or under the supervision of female registered medical
practitioner.
 41

iii. Sec. 125: A woman who is separated from her

husband can claim maintenance from her husband for
her subsistence.

iv. Sec. 416: Under Section 416, if a woman sentenced to

death is found to be pregnant, then the High Court
can order the execution to be postponed, and may,
commute the death sentence to imprisonment for life.

v. Sec. 354: Outraging the modesty of woman is

punished with imprisonment upto two years, or fine,
or both.

vi. Sec. 498-A - Cruelty: Whoever, being the husband or

the relative of the husband of a woman, subjects such
woman to cruelty shall be punishable with
imprisonment for a term which may extend to three
years and shall also be liable to fine.

2. The Indian Penal Code, 1860

i. Dowry death: (Sec. 304-B)

If the death of a woman is caused by any burns or

bodily injury or occurs otherwise than under normal
circumstances within seven years of her marriage and if it
is shown that soon before her death she was subjected to
cruelty or harassment by her husband or any relative of
her husband for any demand for dowry, then such death
shall be called ‘dowry death’ and such husband or relative
is deemed to have caused her death. It is punishable with
imprisonment is 7 years which may extend to life.

ii. Procuration of minor girl: (Sec. 366-A):

If any person induces any minor girl under the age of

eighteen years to go from any place or to do any act with
intent that she will be forced or seduced to illicit
 42

intercourse with another person is punishable with

imprisonment up to ten years and also to fine.

3. The Dowry Prohibition Act, 1961:

Burden of proof in certain cases: (Sec. 8-A)

If any person is prosecuted for taking or abetting the

taking of any dowry under Sec. 3, or the demanding of
dowry under Sec. 4, then the burden of proving that he
had not committed an offence under those sections is on
him.

4. Equal Remuneration Act (Equal pay for equal work):

This Act compels the employers of all organizations to
effect equal payment of wages for both men and women,
if they do the same nature of work.
In other words, there cannot be discrimination in
wages between men and women. Equal pay for equal work
is the dictum.

E. CONVENTIONS ON WOMEN

International Conventions

The following are the important ‘International

Conventions for Protection of women’.

i. Declaration on Elimination of Discrimination against

Women, 1967

ii. Convention on the Elimination of all forms of

Discrimination against Women (CEDAW)

This convention was adopted in 1979 by the UN

General Assembly. It is described as ‘International Bill of
Rights for Women’. It consists of a preamble and 30
articles. It defines what constitutes discrimination against
 43

women and sets up an agenda for national action to end

women discrimination.

According to this Convention, discrimination against

women means ‘any distinction, exclusion or restriction
made on the basis of sex (irrespective of their marital
status) which impairs or nullifies the –

- recognition,
- enjoyment
- exercise by women,
- On a basis of equality of men and women,
- human rights
- fundamental freedoms in the political, economic, social,
cultural, civil or any other field."

iii. National Commission for Women, 1990

The Commission acts as a watch dog and monitors the

constitutional and legal safeguards provided for women.

F. PRESENT STATUS OF WOMEN

Despite all the above legislations, women continue to

suffer from inequalities.

1. Unexpected decline in sex ratio. The number of

females per 1000 males is 929 only. After the
invention of scan and finding out the sex of the baby
during pregnancy, the abortion rates have gone up.

2. Death rates are higher in case of female babies

especially in villages due to parental neglect.

3. The literacy rate for female is 50 percent of male

literacy.
 44

4. Representation of women workers in the organized

sector is only 20% of their representation in the
organized sector.

5. Representation in Legislative Assembly and

Parliament is not over 10% of the men’s
representation.

6. Coercion and force are used against women. It

includes battering, rape, demand for dowry, mental
and physical cruelty.

7. The women are being subject to various forms of

exploitation, harassment and torture both in physical
and sexual capacities.

8. Working women are sexually harassed in working

places ranging from sexual comments and non-violent
sexual contacts, to violent sexual abuses.
In Mrs. RupanDeol Bajaj V. Kanwar Pal Singh Gill

RuponDeol Bajaj, a Senior Civil Servant (IAS) in the

Punjab Government was subjected to offensive sexual
behaviourat a party by K.P.S Gill, Director General of
Punjab police. The Court punished Shri. K.P.S. Gill for
outraging the modesty of a woman.

●●●

MOST IMPORTANT AND MOST EXPECTED

CHAPTERS SHORT NOTE -SIMPLE LANGUAGE

SHORT NOTE NO -1
HUMAN RIGHTS COUNCIL
 45

1. The United Nations Human Rights Council (UNHRC) is

an Inter-Governmental Body within the United Nations
Organization.

2. The UNHRC is the successor to the United Nations

Commission on Human Rights and is a subsidiary
body of the United Nations General Assembly.

3. The Council works closely with the Office of the High

Commissioner for Human Rights and engages the
United Nations' Special procedures.

4. The General Assembly established the UNHRC by

replacing the previous Council of Human Rights.

The working of the Human Rights Council is criticised

by Secretaries General Kofi Annan and Ban Ki Moon, the
council's president Doru Costea, the European Union,
Canada and the United States.

They have accused the council of focusing many

issues disproportionately, particularly the Israeli–
Palestinian conflict, etc.,

The United States intially boycotted the Council

during the George W. Bush administration, but now
started attending the council during the Obama
administration.

Beginning in 2009, the HRC increasingly became

relevant, as the Council addressed country situations in
Burma, Guinea, North Korea, Côte d'Ivoire, Kyrgyzstan
Syria, Libya, Iran, and Sri Lanka, and addressed important
thematic human rights issues such as Freedom of
Association and Assembly, Freedom of Expression,
Discrimination Against Women and Freedom of Religion,
the rights of LGBT people etc.,
 46

The Complaint Procedure in the council allows

individuals and organizations to bring complaints about
human rights violations direct to the attention of the
Council.

●●●
SHORT NOTE NO - 2
UNTOUCHABILITY

Untouchability is the practice of segregating a group

from the society by social custom or by legal mandate.

A member of the excluded group is known as

an Untouchable.

Untouchability has been legally actionable in post-

independence India.

Untouchability is abolished by Art. 17 and its practice

in any form is forbidden.
Untouchability is punishable under the Untouchability
(Offences) Act 1955, and by the amended Act 1976, the
punishment was enhanced. The offender is punishable by
one or 2 years imprisonment.

Any person convicted of the offence of

“Untouchability” is disqualified for standing in election to
Union & State legislature.

The following are punishable for practicing

”Untouchability”:

a) Insulting a scheduled caste person. (On the ground of

Untouchability).

b) Directly or indirectly preaching untouchability.

 47

c) Justifying untouchability on historical, philosophical

or religious basis, etc.

Presumption of the offence of untouchability is in

favour of the member of scheduled caste who is subjected
to the discrimination or disability.

Protection of Civil Rights Act, 1955 provides for

preventing any person on grounds of untouchability from
employing the rights accruing on account of abolition of
untouchability.

The Scheduled Castes and Scheduled Tribes

(Prevention of Atrocities) Act, 1989 specifies offences,
which are considered as atrocities and provides for
deterrent punishments for commission of the same.

The National Commission for Scheduled Castes, a

Constitutional body monitors the safeguards provided for
Scheduled Castes and also reviews issues concerning their
welfare. The Commission has been conferred the powers
of a Civil Court.

●●●

SHORT NOTE NO - 3
CHILD LABOUR (Rights of Child)

‘Child labour’ as defined as the child population

engaged in work. Child labour is employment of children
in some occupation.

CHILD LABOUR – REASONS

1. Poverty of the child’s family.

2. Social neglect of children.
 48

3. When the adult bonded labourers become sick or old,

then the children continue to work as bonded
labourers.
4. Lack of educational infrastructure/lack of compulsory
primary education.
5. Lack of legislative measures.
6. Girl child labour due to non-schooling, etc.

CONSTITUTIONAL PROTECTION

Article 24 provides “no child below the age of 14

years shall be employed to work in any factory or mine or
engaged in any other hazardous employment”.

Article 45 lays down for free and compulsory

education for all children until they attain the age of 14
years.

LEGISLATIONS REGARDING CHILD LABOUR

1. The Indian Factories Act, 1891 - Working hours was

reduced from 9 to 7 hours per day for children and
the children were not allowed to work at night.

2. The Indian Ports Act of 1931 prescribes 12 years as a

minimum age for handling goods in ports.

3. The Children (Pledging of Labour) Act, 1933 prohibits

parents or guardians from pledging children into
bonded labour.

4. The Beedi and Cigar Workers (Conditions of

Employment) Act, 1966 - No child is required or
allowed to work in any Beedi and Cigar manufacturing
industrial premises.

5. The Merchant Shipping Act, 1958prohibits

employment of children under 15 in any ship.
 49

6. The Motor Transport Workers Act, 1961, prohibits

employment of children under 15 in motor transport
undertakings and requires adolescent workers to
obtain certificates of fitness.

7. Factories Act – Under the Factories Act, a child who

has not completed 14 years of age must not be
allowed to work in any factory.

8. National Human Rights Commission recommended

banning Government servants from employing
children under 14 as domestic servants.

●●●
SHORT NOTE NO – 4
RIGHT TO CLEAN WATER

The right to water is defined as the right of everyone

to sufficient, safe, acceptable and physically accessible
and affordable water for personal and domestic uses.

The water supply for each person must be sufficient

and continuous for personal and domestic uses. These
uses ordinarily include drinking, personal sanitation,
washing of clothes, food preparation, personal and
household hygiene.

RIGHT TO SAFE, ACCEPTABLE, ACCESSIBLE, AFFORDABLE

AND ADEQUACY OF WATER:

1. The water required for each personal or domestic use

must be safe, therefore free from micro-organisms,
chemical substances and radiological hazards that
constitute a threat to a person’s health.

2. Water should be of an acceptable colour, odour and

taste for each personal or domestic use.
 50

3. Everyone has the right to a water and sanitation

service that is physically accessible within, or in the
immediate vicinity of the household, educational
institution, workplace or health institution. According
to WHO, the water source has to be within 1,000
metres of the home and collection time should not
exceed 30 minutes.

4. Water, and water facilities and services, must be

affordable for all. The United Nations Development
Programme (UNDP) suggests that water costs should
not exceed 3 per cent of household income.

The Committee on Economic, Social and Cultural

Rights”.

The United Nations General Assembly and World

Health Organization (WHO), ensure that most basic needs
of people are met and few health concerns arise.

In has taken initiatives on promotion of safe drinking

water through human rights council resolution 2011.

World Health Assembly Resolution 2011, by

Appointment of an independent expert etc.,

●●●
SHORT NOTE NO – 5
RIGHTS OF DISABLED PERSONS

‘Disability’ includes long-term physical, mental,

intellectual or sensory impairments. These impairments
cause various barriers in interaction with others and
further hinder their full and effective participation in
society on an equal basis with others.
 51

The term ‘disabled person’ is now termed as

“Differently abled”. It implies that the ability of the
individual to function as a normal person has been
disabled.

PERSONS WITH DISABILITIES

Under the ‘Persons with Disabilities (Equal

opportunities, Protection of Rights and Full Participation
Act), 1995’, - Disabled persons are those who suffer from
(1) blindness, (2) low visions, (3) leprosy, (4) deaf (5)
dumb (6) locomotors’ impairment like amputation,
mutilation, etc., (7) mental retardation (8) mental illness.

RIGHTS OF DISABLED UNDER INTERNATIONAL HUMAN

RIGHTS LAW

1. The right of equality before law

2. The right to non discrimination
3. The right to equal opportunity
4. The right to independent living
5. The right to full integration
6. The right to security

INTERNATIONAL CONVENTIONS, DECLARATIONS, ETC.

FOR THE DISABLED

i. Declaration on the Rights of Mentally Retarded

Persons 1971

‘The mentally retarded person has, to the maximum

degree of feasibility, the same rights as other human
beings.
 52

ii. Declaration on the Rights of Disabled Persons, 1975

This Declaration recognizes the need to prevent the

physical and mental disabilities and of assisting the
disabled persons to develop their abilities in varied fields
of activities.

iii. Declaration on the Rights of Deaf-Blind Persons,

1979

Every deaf-blind person is entitled to enjoy the

universal rights that are guaranteed to all people by the
Universal Declaration of Human Rights and the rights
provided for all disabled persons by the Declaration of the
Rights of Disabled Persons.

iv. Convention concerning Vocational Rehabilitation

and Employment (Disabled Persons) 1983

This Convention directs the UN Members - to

‘formulate, implement and periodically review a national
policy on vocational rehabilitation and employment of
disabled persons’.

v. Persons with Disabilities (Equal Opportunities,

Protection of Rights and Full Participation) Act, 1995

The Act emphasizes that the Government and the

Local Authorities to take certain steps for the prevention
of disabilities within the limits of their economic
capacities.

vi. Convention on the Rights of Persons with

Disabilities 2008
 53

The Member States to the Convention are required to

promote, protect, and ensure the full enjoyment of human
rights by persons with disabilities and that they should
ensure that the disabled persons enjoy full equality under
the law.

vii. Committee on the Rights of Persons with

Disabilities

The Committee on the Rights of Persons with

Disabilities is a ‘body of human rights experts’ tasked with
monitoring the implementation of the Convention.

●●●