Meaning and Scope of Human Rights?

“Rights are those conditions of social life without which no man

can seek in general, to be himself at his best. “– Laski.
Human rights are the most fundamental and basic rights that
every person has right from the second he/she took birth and it
continues till he/she dies. Human rights cannot be taken away
from a person regardless of religion, caste or faith a person
chooses to believe in. However, human rights can be restricted
to an extent. Human rights are the pathway to getting justice.
The are the protective laws. There are thirty Human rights that
are described in The Universal Declaration of Human Rights
(UDHR).
Examples of Human Rights
The examples of human rights are:
 Right to equality (Article 1)
 Right to life, liberty and security (Article 3)
 Freedom from torture and degrading treatment (Article 5)
 Freedom from slavery (Article 4)
 Right to education (Article 26)
 Right to peaceful assembly and association (Article 20)
 Right to adequate living standard (Article 25)
 Freedom of Belief and Religion (Article 18)
 Freedom of Opinion and Information (Article 19)

Nature and Characteristics of Human Rights

What are the nature of human rights? What are the
characteristics and features of human rights?
Here are the top 10 10 characteristics of human rights which
are also the basic characteristics of human rights.
1) These rights are essential and fundamental– In the
absence of human rights, the society would be in a deplorable
state. There would be chaos all around. Human rights are a
necessity for the upliftment of people.
2) Human rights are universal– The rights do not
discriminate against the people. These rights are available to
all the people equally without taking note the varied differences
among the people.
3) Not absolute– Human rights are never absolute. Each right
has its limitations which is imperative to public health, order
and morality. These rights are not unbridled.
4) Inalienable– Human rights are inalienable in nature.
Nobody can deprive a person of these rights. Moreover, human
rights are inalienable because:
a. They cannot be rightfully taken away
b. They cannot be given away or be forfeited
5) Interdependent– Human rights are interdependent on
other rights.
6) Dynamic– These rights are not static. They can be modified
according to the prevailing situations and conditions.
7) Irrevocable– The human rights are irrevocable; they cannot
be taken away by anybody. No power or authority can take
away these basic rights from a person.
8) Connected with dignity– These human rights are deeply
connected with the dignity of the individuals living in a society.
9) These are similar to moral rights. Conscience is regarded
important.
10) Human rights are inherent– The rights cannot be
brought or borrowed from somewhere or someone. There rights
are naturally existing.

Types of Human Rights

There are five types of human rights, Civil, Political, Economic,
Social and Cultural Human rights.
1) Civil Rights– These individual civil rights include life,
liberty, security of people, privacy freedom of movement,
speech, thought conscience, subjecting no one to arbitrary
arrest, detention or exile, practicing religion and beliefs etc.
2) Political rights– These involve right to expression,
assembly and association, right to participate in government
affairs. It also involves the right of universal and equal suffrage
and entitlement of right to a nationality.
3) Economic Rights– These are the rights which are essential
to lead a healthy life.
These rights have been included in Charter on the Human
Rights as well like the right to own property, right to social
security, right to work, right of equal pay for equal work without
discriminating on various kinds of parameters.
4) Social Rights– These rights govern the smooth functioning
of the society. Right to marry and set up a family, right to free
and compulsory education etc. constitute a part of the social
rights.
5) Cultural rights– Man is a social animal and hence these
rights are deemed necessary. Everyone has the right to
participate in cultural activities. Denial of these rights result in
infringement of human rights which is against the law.

THEORIES ON HUMAN RIGHTS:  INTEREST THEORY OF HUMAN

RIGHTS: The Interest theory was propounded by Jeremy
Bentham (1748-1832), a utilitarian, stated the importance of
moral rights in legal systems, being highly critical of it at the
same time. According to his ideals, a person could be
considered to vote if someone ratified it with legal rules and
regulations.
 WILL THEORY OF HUMAN RIGHTS: The will theory was given
by H.L. Hart (1907-1992), where he cited the importance of
human freedom or liberty. He mainly focused on the freedom of
every person, which means that freedom and well being are the
two necessary conditions for a rationally purposive agent in the
first place. They are the essential prerequisites for a human
being, were to be human is to possess the capacity for
rationally purposive action. However, each individual is entitled
to have access to them. However, both these theories faced
their shortcomings too, on basis of limiting interests and third
party interests in the Interest Theory and lack of non-
transferable rights and the cognitive abilities of the right
holders in the Will Theory respectively.
THE MARXIST THEORY OF HUMAN RIGHTS can also be
considered, where it was believed that property is the basis for
coming into existence of law and state, but the argument on
this is that neither law nor state existed in primitive society as
there was no concept of private property. Therefore it can be
rightfully said that the Marxist theory views human rights from
a perspective very different from others.

These theories offer fascinating frameworks for understanding

human rights. Here's a brief overview of each:

1. Utilitarianism: This theory focuses on maximizing overall

happiness and minimizing suffering. In the context of
human rights, utilitarianism evaluates laws and policies
based on their consequences for the majority. Critics
argue it may compromise individual rights if doing so
benefits the greater good.
2. Idealism: Idealism emphasizes the importance of moral
values, universal principles, and the pursuit of justice. It
holds that human rights stem from inherent dignity and
ethical ideals, rather than practicality or utility. Thinkers
like Immanuel Kant believed in universal moral laws
guiding human rights.
3. Socialism: Socialism connects human rights with social
and economic equality. It advocates collective ownership
and redistribution of resources to ensure everyone enjoys
basic rights like health care, education, and employment.
Socialist thought often emphasizes reducing systemic
inequalities to promote human welfare.
4. Positivism: Positivism focuses on law as the basis for
human rights. According to this theory, rights are not
universal but are granted and protected by legal systems.
Positivists rely on codified laws and treaties, rather than
moral or natural principles, as the foundation of rights.

Each of these theories contributes unique perspectives to the

discourse on human rights, blending philosophy, ethics, and
law.

02. Human rights in india, the tradition of human rights

in indian context anicient, medieval and modern
The history of human rights in India goes back many years and
shows how the country has changed in how it sees people’s
rights and what it values in society.
Human rights are important rights that help people feel
respected and dignified. These rights make society more
humane by looking after people’s emotional and social well-
being.
Human rights are inherent entitlements possessed by
individuals by virtue of being human. These rights are
universally and equally applicable to all people, enduring
throughout time. As stated in the quote, “All individuals are
born free and equal in dignity and rights.
The history of human rights in India can be divided into three
stages: Ancient, Medieval and Modern.

Human Rights in Ancient India

The history of human rights in India has deep roots within

Indian political thinkers and philosophers, dating back to
ancient civilizations.

Also, In ancient India, human rights were deeply rooted in

religious and philosophical texts. legal principles were founded
on Dharma, which aimed to promote the well-being of all
beings and prevent harm among them, as evident in Epics like
Ramayana and Mahabharata. The Bhagavad Gita emphasises
righteousness as the core of Dharma. The Upanishads regard
Dharma as the fundamental underpinning of the entire
universe.

The Rig Veda emphasized equality and dignity for all human
beings, while the Atharva Veda advocated similar principles.
Concepts like "Vasudhaiva Kutumbakam" (the world is one
family) highlighted the interconnectedness of humanity.
Ancient Indian thinkers stressed that one's rights were tied to
their duties, promoting harmony and mutual respect.

Buddha’s teachings played a significant role in safeguarding

human rights. The renowned King Ashoka effectively
established a welfare state for his subjects, ensuring basic
freedoms and rights.
Consequently, it’s evident that ancient Indian literary works
actively promoted and endorsed human rights, liberty, freedom
and equality for all individuals, regardless of discrimination
based on caste, creed, gender, sex or religion.

Medieval Period

During the medieval era, human rights were influenced by

rulers and their governance. For instance, Emperor Akbar was
known for his policies of religious tolerance and justice.
However, this period also witnessed challenges, such as feudal
systems and invasions, which sometimes led to the suppression
of individual freedoms.

Modern Period

The modern era marked a significant shift with the advent of

colonial rule and the struggle for independence. Leaders like
Mahatma Gandhi championed human rights through
movements for equality, non-violence, and freedom. Post-
independence, the Constitution of India enshrined
fundamental rights, ensuring life, liberty, and dignity for all
citizens. The Protection of Human Rights Act, 1993, further
strengthened the framework for safeguarding these rights.

India's journey through these periods showcases a dynamic

evolution of human rights, blending ancient wisdom, medieval
governance, and modern legal frameworks.

3. First, second and third generation human rights: their

meaning historical development and evolution,
distinguishing factors and essential characteristics.

The Three Generations of Rights

Human rights have evolved over time, categorized into three

distinct generations:

First-Generation Rights: Civil and Political Rights

Emerging from the principles of liberalism, these rights protect

individuals from excessive government interference. They
emphasize individual freedoms and require governments to
exercise restraint. Key examples include:
  Freedom of movement, association, and assembly
 Personal freedom, such as protection against arbitrary
arrest and the right to a fair trial
 Religious freedom, including the freedom of conscience
Second-Generation Rights: Social and Economic Rights

Recognizing the limitations of first-generation rights, second-

generation rights advocate for the government’s active
involvement in ensuring welfare and equality. These rights are
rooted in the concept of a welfare state and include:

 Right to health and medical care

 Right to education and access to information
 Right to employment and housing
Third-Generation Rights: Solidarity and Collective Rights

The third generation broadens the scope of human rights to

encompass collective and global concerns. These rights aim to
strengthen minorities’ allegiance and foster unity in diversity,
particularly in multicultural nations like India. Examples include:

 Cultural rights of minorities, such as the protection of

sacred books and places
 Environmental rights, such as the right to clean air and
earth
 The right to share the common heritage of
humanity, including humanitarian relief in crises
The Universal Relevance of Human Rights

Critiques of human rights often cite cultural relativism, the idea

that human rights are alien to certain traditions. However,
human rights—as outlined in the UDHR—were shaped by
thinkers from diverse cultures, including Greek
philosophers, Confucian theory, and the teachings
of Mahatma Gandhi and Nelson Mandela. These principles
have successfully challenged inhumane practices such as
female genital mutilation in Africa, female foeticide, and sati in
India.

As Michael Ignatieff aptly noted, opposition to human rights

often comes from those who perpetrate abuses. It is imperative
to recognize human rights as a universal framework for justice
and dignity, not as an imposition of Western ideals but as a
collective aspiration to eliminate oppression and foster global
harmony.

Conclusion
The concept of human rights, while relatively modern, has
revolutionized the global pursuit of justice and equity. By
embracing their universal principles, societies can address
historical injustices and build inclusive futures. Let us champion
these rights not as foreign constructs but as the foundation of a
just and compassionate world.

4.Universality of human rights

The universality of human rights is a cornerstone principle

in the field of human rights, asserting that all individuals,
regardless of their race, nationality, gender, culture, or any
other distinction, are entitled to certain fundamental rights
simply by virtue of being human. Here's an overview:

Core Concept

Universality implies that human rights are:

1. Inherent: They belong to every human being by virtue of

their humanity.
2. Indivisible: All rights—civil, political, social, cultural, and
economic—are equally important and interdependent.
3. Inalienable: They cannot be taken away or forfeited
under normal circumstances.

Historical Development

The idea gained prominence after World War II, leading to the
adoption of the Universal Declaration of Human Rights
(UDHR) in 1948. This milestone document established the
global framework for recognizing and upholding human rights
universally.

Debates and Challenges

While universality is widely accepted, debates arise due to:

1. Cultural Relativism: Critics argue that cultural, religious,

and societal differences affect how rights are understood
and applied. For instance, some practices and traditions
may conflict with universally recognized rights.
2. Implementation Gap: Economic disparities, political
instability, and systemic discrimination in many regions
prevent the full realization of universal human rights.
3. Selective Enforcement: Global powers have been
criticized for enforcing human rights selectively based on
political or economic interests.
Global Efforts

Despite challenges, numerous international treaties, such as

the International Covenant on Civil and Political Rights
(ICCPR) and the International Covenant on Economic,
Social and Cultural Rights (ICESCR), reinforce the
universality of human rights.

This principle remains essential in promoting equality, dignity,

and justice worldwide.

5.Human Rights in Western Tradition

Human rights in the Western tradition are deeply rooted in

philosophical, religious, and political developments. Key
milestones include:

1. Ancient Greece and Rome: Philosophers like Socrates,

Plato, and Aristotle laid the groundwork for ideas about
justice, equality, and individual dignity. Roman law
introduced concepts of natural law and citizenship rights.
2. Christianity: The teachings of Christianity emphasized
the inherent dignity of every individual, influencing the
development of human rights.
3. Enlightenment: Thinkers like John Locke and Jean-
Jacques Rousseau championed individual freedoms and
the social contract, leading to revolutionary documents
like the American Declaration of Independence
(1776) and the French Declaration of the Rights of
Man and Citizen (1789).
4. Modern Era: The atrocities of World War II catalyzed the
creation of the Universal Declaration of Human Rights
(UDHR) in 1948, establishing a global framework for
human rights.

Normative Foundation of International Human Rights

The normative foundation of international human rights is built

on principles of universality, equality, and dignity. Key
elements include:

1. Universal Declaration of Human Rights (UDHR):

Adopted in 1948, it serves as the cornerstone of
international human rights law, outlining fundamental
rights and freedoms.
2. International Covenants: The International Covenant
on Civil and Political Rights (ICCPR) and the
International Covenant on Economic, Social and
Cultural Rights (ICESCR) (both adopted in 1966)
provide binding legal frameworks for human rights.
 3. Customary International Law: Certain human rights
norms, such as the prohibition of torture and genocide,
are recognized as customary international law, binding on
all states.
4. Regional Instruments: Documents like the European
Convention on Human Rights and the African Charter
on Human and Peoples' Rights complement global
frameworks.
5. Principles of Justice and Equality: Philosophical
foundations, including natural law and social contract
theories, underpin the normative framework.

These traditions and foundations continue to shape the global

discourse on human rights.

The UN Human Rights System and the Universal

Declaration of Human Rights (UDHR) are essential topics
for LLB students. Here's a concise overview:

7. UN Human Rights System

The UN Human Rights System is built on international treaties,

mechanisms, and bodies to promote and protect human rights
globally. Key components include:

1. Universal Declaration of Human Rights (UDHR):

Adopted in 1948, it serves as the foundation for
international human rights law.
2. International Bill of Human Rights: Comprising the
UDHR, the International Covenant on Civil and
Political Rights (ICCPR), and the International
Covenant on Economic, Social and Cultural Rights
(ICESCR).
3. Human Rights Council: An intergovernmental body
responsible for addressing human rights violations and
promoting universal rights.
4. Treaty-Based Bodies: Committees monitoring the
implementation of core human rights treaties.
5. Charter-Based Bodies: Mechanisms like the Universal
Periodic Review and Special Procedures.

UDHR Notes for LLB

The UDHR is a landmark document outlining fundamental

human rights. Key points for LLB students:

1. Historical Context: Drafted in response to World War II

atrocities, it was adopted by the UN General Assembly on
December 10, 1948.
2. Structure: Contains a preamble and 30 articles covering
civil, political, economic, social, and cultural rights.
 3. Significance: Serves as a moral and legal guide for
nations, influencing constitutions and international
treaties.
4. Key Articles:
o Article 1: All humans are born free and equal in
dignity and rights.
o Article 3: Right to life, liberty, and security.
o Article 19: Freedom of opinion and expression.

For detailed notes, you can explore resources like OHCHR and
iPleaders. Let me know if you'd like further elaboration on any
aspect!

HUMAN RIGHTS
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 Carta (1215), 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
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

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.
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 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 21 (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, and 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 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 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 speech, 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 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

International Instruments:

 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 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 must 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 rights 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 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 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, and 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):
 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 the 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:
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 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:

(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 not violate 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 the Indian 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 trade 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 as
torture, 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 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.

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.