Human Rights Notes

Unit 3
RIGHTS COVENANT OF CIVIL INDIAN
AND POLITICAL CONSTITUTION
RIGHTS

Forced Labour Article 8 (3) Article 23

Equality Before Law Article 14 (1) Article 14
Prohibition of Article 26 Article 15
Discrimination
Equality of opportunity to Article 25 (c) Article 16 (1)
public service

Freedom of Speech and Article 19 (1&2) Article 19 (1) (a)

Expression
Right for peaceful Article 21 Article 19 (1) (b)
assembly

Right of freedom of Article 22 (1) Article 19 (1) (c)

association

Right to move freely Article 12 (1) Article 19 (1) (d) & (e)
within the territory of the
state

Protection in respect of Article 15 (1) Article 20 (1)

conviction of offences

Protection from Article 14 (7) Article 20 (2)

prosecution and
punishment

Not to be compelled to Article 14 (3) (g) Article 20 (3)

testify against himself
Right to life and liberty Article 6 (1) & 9 (1) Article 21
Protection against arrest Article 9 (2) (3) & (4) Article 22
and detention in certain
cases

Freedom of Conscience Article 18 (1) Article 25

and Religion
Rights International Covenant Constitution of India
on Economic, Social and (Directive Principles of
Cultural Rights State Policy)

Right to work Article 6 (1) Article 41

Equal Pay for equal work Article 7 (a) (i) Article 39 (d)

Right to living wage and Article 7 (a) (ii) and (d) Article 43
decent standard of life

Human condition for work Article 7 (b) and 10 (2) Article 42

and maternity leave

Faculties and Article 10(3) Article 39 (f)

opportunities to children
for prevention against
exploitation

Improving public health Article 11 Article 47

and raise level of nutrition
and standard of living

Compulsory education for Article 13 (2) (a) Article 45

children

Protection of Interest and Article 27 Article 29 (1) & 30

Minorities
National Human Rights Commission
Composition
The NHRC consists of the following members:
➢ Chairperson: Must be a person who has served as the Chief Justice of India or a
Judge of the Supreme Court.

➢ Members:
✓ One member who is or has been a Judge of the Supreme Court.
✓ One member who is or has been the Chief Justice of a High Court.
✓ Three additional members (at least one of whom must be a woman) with
knowledge or practical experience in human rights matters.
➢ Additionally, the following chairpersons of other commissions are ex officio
Members:
✓ National Commission for Backward Classes (NCBC)
✓ National Commission for Minorities (NCM)
✓ National Commission for Protection of Child Rights (NCPCR)
✓ National Commission for Scheduled Castes (NCSC)
✓ National Commission for Scheduled Tribes (NCST)
✓ National Commission for Women (NCW)
✓ Chief Commissioner for Persons with Disabilities (CCPD)

➢ Secretary-General
✓ The Secretary-General, designated as the Chief Executive Officer of the NHRC,
exercises administrative and financial powers under the Chairperson's control,
excluding judicial functions or regulatory powers under Section 40B.
➢ Headquarters and Regional Offices
✓ The NHRC's headquarters are located in Delhi.
✓ With the Central Government's prior approval, the NHRC may establish offices
in other locations across India.

Functions of NHRC
The Commission can:
➢ Initiate an inquiry suo motu, based on a petition by a victim or someone acting on
their behalf, or on the direction of a court.
➢ Investigate complaints involving:
✓ Violation of human rights or abetment of such violations.
✓ Negligence by a public servant in preventing such violations.
➢ The NHRC can intervene in court proceedings involving allegations of human rights
violations, subject to the approval of the court.
➢ The Commission can visit jails or other institutions under State control where
individuals are detained or lodged for:
• Treatment,
• Reformation, or
• Protection.
➢ These visits aim to study living conditions and make recommendations to the
government for improvements.
➢ The NHRC reviews existing constitutional provisions and laws designed to
protect human rights and suggests measures for their effective implementation.
➢ It examines factors that restrict the enjoyment of human rights, including acts of
terrorism, and recommends remedial measures.
➢ The Commission studies treaties and other international instruments on human
rights and recommends steps for their effective implementation in the country.
➢ It undertakes and promotes research in human rights.
➢ The NHRC works to spread human rights literacy and awareness among all
sections of society through:
• Publications,
• Media outreach,
• Seminars, and other means.
➢ Encourages efforts by NGOs and other institutions engaged in human rights work.
➢ Performs any other functions deemed necessary for the promotion and protection of
human rights.

State Human Rights Commission

➢ A State Government may constitute a body named the "[Name of the State] Human
Rights Commission."
➢ The SHRC is tasked with exercising powers and performing functions assigned under the
relevant chapter of the Act.
➢ The SHRC shall consist of:
✓ Chairperson: A person who has been a Chief Justice or Judge of a High Court.
✓ Members:
➔ One member who is or has been a Judge of a High Court or a District Judge in
the state with at least seven years of experience as a District Judge.
➔ One member selected from individuals with knowledge of or practical experience
in human rights matters.
➢ The Secretary acts as the Chief Executive Officer of the SHRC.
➢ The Secretary, under the Chairperson's control, has administrative and financial powers to
manage the Commission.
➢ The SHRC's headquarters is located at a place specified by the State Government
through a notification.
➢ The SHRC may inquire into human rights violations concerning matters listed under:
✓ List II (State List) of the Seventh Schedule to the Constitution.
✓ List III (Concurrent List) of the Seventh Schedule.
Exceptions:
✓ If a matter is already under inquiry by:
The NHRC, or
✓ Any other legally constituted Commission, the SHRC shall not inquire into it.
✓ Two or more State Governments can appoint a common Chairperson or Member(s)
for their respective SHRCs if:
➔ The Chairperson or Member consents.
➔ Recommendations from the Selection Committee (as per Section 22(1)) for the
concerned State are obtained.
➢ The Central Government can authorize SHRCs to handle human rights matters in Union
Territories (UTs) excluding:
➔ Delhi, Jammu and Kashmir, and Ladakh.
➢ In the case of these excluded UTs, human rights functions will be handled by the NHRC.

National Commission for Women (NCW)

→Women as an entity neither belong to a minority group nor are they considered a
backward class. India from its inception has been a patriarchal society.
→Therefore women have always been subdued in society thus it became necessary to
need certain strategic steps to enhance and improve the condition or status of women
under male-dominated society.
→The Indian Constitution doesn't contain any provision specifically made to favour
women intrinsically.
→Article 15 (3), Article 21 and Article 14 protect and safeguard women. They are
more gender-neutral.
First Chairperson: Jayanti Patnaik (1992-1995)
Current Chairperson: Vijaya Kishore Rahatkar (appointed in October 2024)
Objectives
1. To suggest the government regarding policies regarding women,
2. A platform to redress the grievances,
3. To make recommendations relating to legislation measures,
4. To review legal and constitutional safeguards for women.
Powers
1. Provide consultation on all major policy matters that affect women.
2. Issuing summons for the examination of documents and the witnesses.
3. It has the power to make any public record.
4. Receiving evidence on affidavits
5. Discovery and production of documents
6. Summoning and enforcement

Functions
1. Presentation of reports: Table reports should be submitted to the Central
Government every year. When the commission feels it's appropriate. The reports
upon the functioning and working of the safeguards.
2. Investigation and Examination: There should be proper investigation and
examination made under the Constitution and other laws. This is related to the
protection of the rights of women.
3. Review: Constantly all laws are reviewed and scrutinised. And necessary
amendments and alterations are made to meet the needs of the current world. This
is to meet any break, incapacity or any inadequacies in the legislation.
4. Cases of Violation: Ensure there is no violation against women and taking due
care of such cases.
5. Suo Motu Notice: It takes care of complaints and also suo motu matters about the
deprivation of rights of women. Implementation of laws favouring the welfare of
women.
6. Evaluation: Assessing the development and the progress of the women
community under the Center and State level
7. Recommendation: To suggest the wellbeing of women and their rights.
8. Special studies and investigation: To understand the limitations in the system and
curb it with strategic plans and mechanisms.
9. Research: To make research and study to understand the needs of women,
healthcare and such related components. This is to make a proper support system
to help the women in need.
10. Participation in all spheres particularly in planning: Take measure to facilitate
economic and social development and improvement of women by recognising
their rights.
11. Inspection: Inspect the jail, remand home to ensure that the women staying here
are not exploited as they are vulnerable.
12. Funding and Reporting: Ensure there is a fund for litigation of matters relating to
women rights. There should be periodical reports made under the difficulties
faced by women daily.
National Commission for Minorities (NCM)
→First Chairperson: Justice Mohammad Sardar Ali Khan.
→Current Chairperson: Shri Iqbal Singh Lalpura

Constitutional Context
Article 29 and Article 30 of the Indian Constitution recognize minorities based on
religion and language:
→ Article 29(1) protects the cultural and educational rights of "any section of citizens
residing in the territory of India or any part thereof having a distinct language, script
or culture."
→Article 30(1) grants minorities the right to establish and administer educational
institutions of their choice.
The Supreme Court of India has clarified that the concept of a minority is region-
specific:
→At the state level, a group that forms a minority in one state may not be considered
a minority at the national level (e.g., Christians in Nagaland vs. Christians in the entire
country).

Communities Recognized as Minorities

The central government, using its powers under Section 2(c) of the National
Commission for Minorities Act, 1992, has notified the following six religious
communities as minorities:
As per the Census 2011, the percentage of minorities in the country is about
19.3% of the total population of the country. The population of
➢ Muslims 14.2%,
➢ Christians 2.3%,
➢ Sikhs 1.7%,
➢ Buddhists 0.7%,
➢ Jain 0.4%, (Added in 2014)
➢ Parsis 0.006%

Powers:
➢ Summoning and enforcing the attendance of any person from any part of India and
examining him on oath.
➢ Requiring the discovery and production of any document.
➢ Receiving evidence on affidavit.
➢ Requisitioning any public record or copy thereof from any court or office.
➢ Issuing commissions for the examination of witnesses and documents.
Ashwini Kumar Upadhyay Vs Union of India (2020)
→Issue: This case questioned the constitutionality of Section 2(c) of the National
Commission for Minorities Act, 1992, and Section 2(f) of the National Commission
for Minority Educational Institutions Act, 2004. The petitioner argued that the
notification of minority communities at the national level ignored the state-level
demographic realities.
→Context: The petitioner highlighted that Hindus are minorities in several states
(e.g., Mizoram, Nagaland) but are not afforded minority rights there, leading to a call
for state-wise determination of minority status.
→Outcome: The Supreme Court is still deliberating the matter, exploring whether
such provisions violate fundamental rights, including equality (Article 14) and cultural
rights (Articles 29 and 30)
Implementation of Sachar Committee Recommendations
→Issue: The Sachar Committee's recommendations for improving the socio-economic
conditions of Muslims have been reviewed by the NCM. The Commission has played
an advisory role in addressing issues like minority representation in governance,
education, and employment.
→Impact: These recommendations have guided the formulation of policies that align
with the rights guaranteed under Articles 29 and 30 of the Constitution.

National Commission for Schedule Castes (NCSC)

➢ The National Commission for Scheduled Castes is an Indian constitutional body
under the jurisdiction of Ministry of Social Justice and Empowerment.
➢ Government of India established NCSC with a view to provide safeguards against
the exploitation of Scheduled Castes and Anglo Indian communities to promote
and protect their social, educational, economic and cultural interests, special
provisions were made in the Constitution.
➢ Article 338 of the Indian constitution deals with National Commission for
Scheduled Castes. Article 338 A deals with National Commission for
Scheduled tribes.
→First Chairman: Shri Suraj Bhan.
→Current Chairman: Shri Kishore Makwana
Functions of the Commission
1. Monitoring Safeguards
➢ Investigate and monitor safeguards for Scheduled Castes (SCs) under the
Constitution, laws, or government orders.
➢ Evaluate the effectiveness of these safeguards.
2. Inquiring into Complaints
➢ Address specific complaints about deprivation of rights and safeguards for SCs.
3. Advising on Development Planning
➢ Participate in and advise on socio-economic development planning for SCs.
➢ Assess progress in SCs’ development at Union and State levels.
4. Reporting to the President
➢ Submit annual or other reports on the functioning of safeguards.
➢ Recommend measures for better implementation and protection of SCs.
5. Recommending Development Measures
➢ Suggest steps for the welfare, protection, and socio-economic advancement of
SCs.
6. Additional Functions
➢ Perform other duties related to the protection, welfare, and advancement of SCs
as specified by the President, in accordance with laws made by Parliament.

Landmark Cases
→Tanti-Tantwa Inclusion Case
➢ This case involved the inclusion of the caste "Tanti-Tantwa" as a synonym for
"Pan, Sawasi, Panr" in the Scheduled Castes list for Bihar.
➢ The NCSC played a crucial role in ensuring proper representation and worked with
the Ministry of Social Justice and Empowerment.
➢ The case highlighted the importance of maintaining precise caste designations for
effective affirmative action programs
→Demand for Sub-Categorization Among SCs
➢ The NCSC supported a detailed examination of the sub-categorization of
Scheduled Castes, particularly in Andhra Pradesh and Telangana.
➢ This initiative stemmed from demands for internal reservation within the SC
community to ensure equitable distribution of benefits.
➢ The matter is currently under judicial consideration, reflecting the complexities
involved in altering constitutional provisions like Article 341
National Commission for Scheduled Tribes (NCST)
➢ On the 89th Amendment of the Constitution coming into force on 19 February
2004, the National Commission for scheduled Tribes has been set up under Article
338A on bifurcation of erstwhile National Commission for Scheduled Castes
and Scheduled Tribes to oversee the implementation of various safeguards
provided to Scheduled Tribes under the Constitution.
➢ According to the NCST's annual report for 2022-23, the Commission received
over 5,000 complaints related to violations of Scheduled Tribes' rights.
➢ The majority of these complaints pertained to land alienation, displacement, and
denial of forest rights.
➢ The Commission has been actively involved in addressing these issues through
investigations and recommendations to the government.

Functions of NCST:
→Monitoring Safeguards: Ensures the effective implementation of constitutional
and legal safeguards for Scheduled Tribes.
→Investigations: Inquires into specific complaints regarding violations of rights.
→Reporting: Submits annual reports to the President of India, highlighting
challenges and recommending measures for improvement.
→Advisory Role: Provides recommendations on policies and legislation affecting
Scheduled Tribes.

Landmark Cases

Samatha Vs State of Andhra Pradesh (1997)

→Issue: The case challenged the leasing of tribal lands to non-tribal private entities,
arguing it violated constitutional provisions protecting tribal land rights.
→Outcome: The Supreme Court held that leasing tribal lands to non-tribals is
unconstitutional, reinforcing the protection of tribal land rights.

Janhit Abhiyan Vs Union of India (2022)

→Issue: The case questioned the constitutionality of the 103rd Constitutional
Amendment, which introduced reservations for economically weaker sections (EWS)
without considering Scheduled Tribes.
→Outcome: The Supreme Court upheld the amendment, stating it does not violate the
basic structure of the Constitution.
Role of Judiciary in Protection of Human Rights
Chairman, Railway Board Vs Chandrima Das
➢ Even those who are not citizens of this country and come here merely as tourists or
in any other capacity will be entitled to the protection of their lives in accordance
with the Constitutional provisions.
➢ They also have a right to life in this country.
➢ Thus, they also have the right to live so long as they are here with human dignity.
The term is used to refer broadly to:
➢ the courts,
➢ the judges,
➢ magistrates,
➢ adjudicators and
➢ other support personnel who run the system.

Significance of judiciary:
➢ The courts apply the law, and settle disputes and punish law-breakers according
to the law.
➢ Our judicial system is a key aspect of our democratic way of life.
➢ It upholds peace, order and good government.
➢ Citizens look to the courts to interpret laws and the judiciary must act without
favoring individual parties.
➢ A court’s ability to deliver justice depends on its power to enforce its rulings.
➢ Only a court of appeal can overturn the ruling of a lower court.

General-
➢ Philosophical:

1. Social justice

S.R.Bommai Vs Union of India

Court held that social justice and judicial review is the basic feature of the
Constitution of India.

Balbir Kaur Vs Steel Authority of India

The Supreme Court has firmly rule that, “concept of social justice is yardstick to the
justice administration system or the legal justice and it would be an obligation for the
law courts to apply the law depending upon the situation in a manner whichever is
beneficial to eth society” as the respondent Steel Authority of India was directed to
provide compassionate employment to the appellant.
Ashok Kumar Gupta Vs State of Uttar Pradesh
It was held by the Apex Court that “To give proper representation to SC or ST, dalits
in services is a social justice which is a fundamental right to the disadvantaged. It
cannot be said that reservation in promotions is bad in law or unconstitutional.”

Other ways to achieve Social Justice

- Food
- Health
- Education
- Environment

2. Economic justice

Olga Tellis Vs Bombay Municipal Corporation

✓ The Supreme Court has taken recourse to Article 39(a) to interpret Article 21 to
include the ‘right to livelihood’.
✓ The Supreme Court has observed
✓ “if there is an obligation upon that state to secure to the citizens an adequate
means of livelihood and the right to work, it would be sheer pedantry to
exclude the right to livelihood from the content of the right to life.”
Peoples Union of Democratic Rights Vs Union of India
The Supreme Court has held that minimum wages must be given and not to pay
minimum wages is the violation of human dignity and it is also known as exploitation.

3. Socio-economic justice

Superintending Engineer, Public Health, U.T. Chandigarh Vs Kuldeep Singh

The Supreme Court held that, “it is the duty of the authority to take special care of
reservations in appointment as a part of the constitutional duties to accord economic
and social justice to the reserved categories of communities. If ST candidate is not
available, the vacancy has to be given to SC candidate and the reserved roster point
has to be filled in accordingly.”

➢ Concrete:

1. Upholding law
✓ Almost every possible right has been defined, described, expressed and even
explained in or by the legislatures.
✓ In case, on citizen (or non- citizen) feels that any of such rights are being
violated; they can approach and seek it in the proper manner being prescribed
from the judiciary.
 ✓ Here, judiciary is the best provider and safeguarding means of Fundament
Rights of people out there (or general public).

2. Judicial review
✓ Judicial review is a very important principle which plays a pivotal role for the
protection of human rights and to ensure law and order (rule of law) in the
nation.
✓ It is concerned with the power of judges to check and control the activities and
decisions of governmental bodies, tribunals and courts.
✓ There are certain pre-conditions or grounds that give rise to judicial review-
justifiability, standing, exhausting of local remedy, finality and ripeness.
✓ To end(solve) these, the courts should follow some principles which are
essential to review decisions of administrative agencies like separation of
power, judicial economy, fairness and legitimacy.

3. Constitutional remedies
✓ It is constitutional mandate of judiciary to protect human rights of the citizens.
✓ Supreme Court and High Court are empowered to take action to enforce these
rights, as for redressal is provided under Article 32 and 226 of the Constitution.
✓ In such cases courts are empowered to issue appropriate order, direction and
writs, which are-
Habeas corpus (to have the body of)
Mandamus (to command)
Prohibition (to forbid)
Quo-warranto (by what authority or warrant)
Certiorari (to be certified)

➢ Specific-
1. Women,
2. men,
3. transgender persons,
4. children,
5. aged people and
6. prisoners.
Protection of Human Rights Act, 1993
➢ Human rights journey in India has been a long and arduous one.
➢ With a number of problems particularly poverty, hunger, illiteracy and poor health
conditions being in the limelight for decades, there has been a gradual shift
towards the attainment of human rights.
➢ Establishment of National Human Rights Commission is definitely a major
landmark in ensuring that human rights which are essential for the survival of
human beings and upheld in the country.
➢ The Protection of Human Rights Act was enacted in 1993 to provide for the
constitution of the NHRC, the State Human Rights Commissions and the Human
Rights Courts in districts with a specific purpose i.e., for better protection
of Human Rights'.
➢ In India the full realization of human rights is a distant dream. It cannot be easily
or quickly achieved.
➢ Although recent years have seen remarkable efforts of the Government to promote
human rights like many other developing countries, much has to be done for the
better protection of human rights.
➢ Struggle for human rights must continue with greater vigour. Although other social
and economic problems like poverty, illiteracy, unemployment, population growth,
and law and order have surpassed the importance due to human rights, all efforts
are required to be made to make the people aware of their rights.
➢ The strong will and determination for the promotion of human dignity and worth
will certainly make the human rights movement a great success

Drawbacks of the Act

1. Ineffective Powers
The Commission does not have effective powers to enforce its recommendations.
The Commission is elective representative and recommendatory body.
After making enquiry, it recommends to the appropriate authorities to take action
or it may amend to the Government to provide interim relief to the victims of the
human rights violations.
The above makes it clear that the Commission does not have powers of
prosecution.
The Commission is therefore does not have teeth and it is often referred to as
'toothless tiger'.
It does not provide any remedy other than what has only been provided under the
Constitution by fundamental rights.
The only benefit which the victim gets is that after the investigation by the
Commission, if it is established that the violation of human rights has taken place,
it can recommend to the courts to initiate proceedings.
 The above method provides relief to the victim or to the activists in the sense that
in such cases they do not require intervention of the Courts to initiate proceedings.

2. Inadequate staff
The Commission is comprised of a Chairperson and four members who are
assisted by the strength of 331 officers and staff.
But the Commission could not get suitable officers for many posts and therefore it
never has the full sanctioned strength.
Number of pending cases can be reduced if the man-power is made available by
the Central Government to the Commission to the justifiable level to provide
human rights.

3. Financial Constraint
The Commission receives grant-in-aid every year from the Ministry of Human
Affairs of the Government of India.
As per Section 32(2) of the Protection of Human Rights Act of 1993, the
Commission may spend as it thinks fit for performing the functions under this Act,
and such sums shall be treated expenditure payable out of the grants referred to in
sub-section (1).
The above implies that the Commission has financial autonomy but the grand-in-
aid to the Commission is not adequate seeing the growth in the work of the
Commission.

4. Violation of Human Rights by Members of the Armed Forces

Violation of human rights committed by the armed forces including para-military
forces are exempted from the purview of the Commission.
This has made the Commission weak and ineffective in curbing the human rights
violations.
Scope of the Commission is required to be widened by including investigation of
the human rights violations by the armed forces.

5. Disposal of cases
The Commission has been receiving large number of complaints every year for the
violation of human rights. But they all have not been disposed within a reasonable
time.
Number of cases registered with the commission has no match with the disposal
rate.
Permissible Limitation of Human Rights
1. Freedom of Speech and Expression (Article 19(1)(a))
➢ This right is fundamental, but it may be restricted in the interest of national
security, public order, morality, and decency.
➢ Laws such as defamation, contempt of court, and those protecting public
order can limit this right
2. Right to Life and Personal Liberty (Article 21)
➢ This broad right includes the right to a dignified life, as interpreted by the
Supreme Court.
➢ However, it can be restricted only by law and through a process established
by law.
➢ This ensures protections against arbitrary deprivation of life or liberty but
allows certain legal constraints, like preventive detention.
3. Freedom of Religion (Article 25)
➢ While individuals have the right to practice and propagate their religion, the
practice may be subject to restrictions that ensure public order, health, and
morality.
4. Police Powers and Detention (Article 22)
➢ This allows the government to detain individuals without charge for a
specified period, but only under certain conditions and safeguards, such as
being informed of the reasons for detention and being presented before a
magistrate within 24 hours.
➔ These permissible limits are meant to balance individual freedoms with public
order, national security, and the protection of others' rights.
➔ However, there are continuous efforts to safeguard human dignity and prevent the
abuse of these restrictions, as outlined by the National Human Rights Commission
and various judicial interpretations.