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Human Rights, Law and Practice

1 - What is meant by Human Rights? Discuss the development (Trace the


Origin) of Human Rights.

- What are the sources of International Human Rights Law? (2)

- What is meant by Human Rights? Discuss the development of Human


Rights Law in India

2 - State the Human Rights provided under the U.N.Charter (2)

- The provisions concerning Human Rights run throughout the U.N.Charter


like a Golden Thread. Elucidate

3 - Explain the importance and provisions of Universal Declaration of


Human Rights (2)

- Explain International Bill of Human Rights.

4 - Discuss the implementation procedure of the rights provided under the


Covenant on Civil and Political Rights, 1966

- Discuss economic, Social and cultural rights under International Covenant


on Economic, Social and Cultural rights, 1966

5 - Discuss in detail the various rights of women and state the


implementation procedure made under The Convention on the Elimination
of all Forms of Discrimination Against Women (CEDAW) - (2)

- Explain the rights of the child guaranteed under the convention on the
rights of the child

- Explain the role of United Nations Children's Fund (UNICEF) in protecting


the rights of children.
6 - Explain the main procedures of implementation of African charter on
Human and People's rights.

- Discuss the rights and freedom provided under the American Convention
on Human Rights

- Explain the functions of American Commission and American Court of


Human Rights

- Write an explanatory note on the European Court/Convention of Human


Rights with the help of decided case (3)

7 - Discuss the constitution, powers and functions of State Human Rights


Commission. (2)

- Discuss the constitution, powers and functions of National Human Rights


Commission.

- Explain the salient features/Provisions of Human Rights (Protection) Act,


1993 (2)

8 - Discuss the Human rights guaranteed and protected under the


Constitution of India (4)

ANS:

The framers of Indian constitution, 1950, were inspired by the goals set out in the universal
Declaration of Human Rights 1948 the Preamble to the constitution of India 1950 underlines
the need to secure to all citizens justice Liberty equality and also dignity of the individual as
important values or number of Civil and political rights such as Right to Equality freedom of
speech right to life and personal liberty right to free primary education right to practice and
propagation of religion provided as fundamental rights and number of economic social and
cultural rights like the right to education health and work has been provided under the
provisions of Directive Principles of State Policy which are fundamental in the Governance of
the country

The Parliament has enacted various legislations which seek to protect and promote the
rights of the vulnerable sections of the society like the disabled the scheduled castes and
Scheduled Tribes women and children insofar as women are concerned the legislations
cover issues such as dowry harassment prevention of Sati and female foeticide
The Parliament enacted the protection of human rights act 1993 which provides for the
constitution of National Human Rights Commission State Human Rights Commission and
Human Rights quotes which constituted for protection of human rights and for matters
connected therewith or incidental to national commission on human rights was set up in
India on September 27 1997

Universal Declaration of Human Rights and the fundamental rights of Indian Constitution

The Universal Declaration of Human Rights accepted by the General Assembly on 10th
December 1948 constituted a historic event of the first magnitude it was a beacon call to all
the states to respect some basic rights rich the political civil economic social and cultural
rights of a man. It is a Manifesto of maths in alienable rights and fundamental freedoms

The constitution of India which came into force on 26 January 1950 was adopted on 26
November 1949 the following chart shows the similarity in various provisions of the Universal
Declaration of Human Rights and part 3 of constitution which is fundamental rights of
constitution of India

The preamble of constitution of India talks about equality of status and of opportunity and to
promote among them all fraternity assuring the dignity of the individual and the unity and
integrity of the nation

Article 15 action on discrimination on Grounds of religion race caste sex or place of birth

Article 21 protection of life and personal liberty. No person shall be deprived of his life or
personal liberty except according to the procedure established by law

Article 17 abolition of untouchability

Article 23 prohibition of traffic in human beings and forced labour

Article 14 quality before law

Article 32 for enforcement of rights conferred and the right to move the supreme court for the
enforcement of rights

Article 22 protection against arrest and detention in certain cases

Article 20 protection in respect of conviction of offences

Article 19/1 / d all citizens shall have the right to move freely throughout the territory of India

Article 19/1/e to reside and settle in any part of the territory of India

Article 31 provided property right before the 44th Amendment


Article 25 dum of conscience and free profession practice and propaganda of religion

Article 26 freedom to manage religious affairs

Article 27 as to payment of taxes for promotion of any particular religion

Article 19 1 a stations shall have the right to freedom of speech and expression

Article 19 1 b all citizens shall have the right to assemble peacefully and without arms

Article 19 1 c reasons shall have the right to form associations or unions

Article 42 the state shall make provision for just and humane conditions of work and
Maternity relief under Directive principles

Article 19 1 G all citizens shall have the right to practice any profession or to carry on any
occupation trade or business

Article 39 d state shall secure equal pay for equal work under Directive principles

Article 21 A right to education shall provide free and compulsory education to all children of
the age of 6 to 14 years

Human Rights in the Indian constitutional framework


Preamble of the Constitution of India

Even prior to the preparation and adoption of the international covenants 1966 of the
Constitution of India enshrined in that Grand document almost all the human rights
contained in the international covenants the Preamble to the constitution of India gloriously
proclaims "We the people of India having solemnly to constitute India into a sovereign
socialist secular democratic republic and to secure to all its citizens

Justice - social economic and political

Liberty - of thought, of expression, belief, faith and worship

Equality - of status and of opportunity

And to promote among them all fraternity assuring the of the individual and the unity and
integrity of the nation

Part 3 of the Constitution of India enumerates fundamental rights to Equality right to freedom
right against exploitation right to freedom of religion cultural and educational rights the right
to move the supreme court for the enforcement of these rights itself is a fundamental right

Part 4 institution of India Lays down the Directive Principles of State Policy to secure a social
order for the promotion of the people

Part 3 and 4 enshrine all the known concepts of human rights and their constitutes the
conscience of the republic of India Directive principles an obligation on the state the state
has been made accountable for in action and discriminatory or arbitrary actions in India
before the constitution and loss enable the courts to protect and enforce the several facets of
human rights

Article 14 right to Equality , equality before law

Article 15 prohibition of discrimination on Grounds of religion race caste sex or place of birth

Article 16 equality of opportunity in matters of public employment

Article 17 abolition of untouchability

Article 18 abolition of titles

Article 19 right to freedom of Speech and expression

Assemble peacefully and without arms

Form associations or unions

To move freely throughout the territory of India

To recite and settle any part of territory of India

To practice any profession any occupation trade or business

Article 20 protection in respect of conviction for offences

Article 21 protection of life and personal liberty

Article 21 A right to education

Article 22 protection against arrest and detention in certain cases

Article 23 right against exploitation, prohibition of traffic in human beings and forced labour

Article 24 prohibition of employment of children in factories

Article 25 to freedom of religion

Article 26 freedom to manage religious affairs

Article 27 dumbass to payment of taxes for promotion of any particular religion


Cultural and educational rights

Article 29 protection of interest of minorities

Right to constitutional remedies


Article 32 remedies for enforcement of rights conferred in by the fundamental rights (art 12 -
35)

1 the right to move Supreme court by appropriate proceedings for the enforcement of the
rights conferred by this part is guaranteed

2 supreme Court I have power to issue directions or orders or Ritz including writs in the
nature of Habeas Corpus mandamus prohibition quo warranto and sir theory may be
appropriate for the enforcement of any of the rights conferred by this part

3 without yes to the powers conferred on the supreme court by clauses 1 and 2 Parliament
may by law empower any other Court to exercise within the local limits of its jurisdiction or or
any of the powers exercisable by the supreme court under clause 2

4 the right guaranteed by this article shall not be suspended except as otherwise provided
for by this constitution

Directive principles of State Policy

Part 4 of the constitution 36 to 51 contains the Directive Principles of State Policy. The
directive principles are basic guidelines for the proper functioning of the state. They are
regarded as being fundamental to governance and required the laws formulated by the state
to be informed by these principles. The directive principles and the fundamental rights are
both complementary as well as supplementary to one another. Active principles prescribed
the goal or end that is to be attained and the fundamental rights are the means to achieve
such end.

Below are the Directive Principles of State Policy

Article 38 state to secure a social order for the promotion of welfare of the people

Article 39 a equal justice and free Legal Aid

Article 41 right to work to education and to public assistance in certain cases

Article 42 provision for just and humane conditions of work and Maternity relief

Article 44 Uniform Civil Code for the citizens

Article 45 reasons for early childhood care and education to children below the age of 6
years

Article 46 motion of educational and economic interest of scheduled caste Scheduled Tribes
and other weaker sections

Article 47 duty of the state to raise the level of nutrition and the standard of living and to
improve public health

Article 48a protection and improvement of environment

Article 51 promotion of international peace and security


Few of the cases to the international Human Rights obligations under Indian law

Sheela Barse V union of India, a journalist filed a petition for the release of child prisoners
languishing in Indian prisons. The supreme court relied upon article 24 of the international
Covenant on civil and political rights and held that it was an obligation of the Government of
India as also the state machinery to implement it in a proper way for protecting the rights of
children detained in the Observation Home. In 1959 the declaration of all the rights of the
child was adopted by the General Assembly of the United Nations and in article 24 of the
international Covenant on civil and political rights 1966. Terms of the child has been
appropriately recognised. India as a part today's international charters has ratified to
declarations. Hence it is an obligation of the Government of India has also the state
machinery to implement the same in proper way.

In vishakha versus state of Rajasthan, the supreme court held that in absence of domestic
law provisions Reliance could be placed on international law as well as International norms
that were not in contravention of any existing domestic law and the constitution. The court
referred articles and 24 of the convention on the elimination of all forms of discrimination
against women 1981. Upholding the notion of gender equality in the absence of any enacted
law to prevent sexual harassment at the workplace the poet relies heavily upon the
provisions of c e d a w. In this case observed that it is now an accepted rule of judicial
construction that regard must be had to International conventions and norms for construing
domestic law when there is no inconsistency between them.

Relative measures taken in India for the protection of human rights

The central government of India has enacted acts for the protection of human rights
1 protection of human rights act 1993

2 national Human Rights Commission regulations 1994

3 protection of civil rights act 1955

4 national charter for children 2003

5 the commissions for protection of child rights act 2005

6 child labour prohibition and Regulation Act 1986

7 national Commission for Women act 1990

8 dowry prohibition Act 1961

9 commission of Sati prevention act 1987

10 immoral traffic prevention act 1956

11 maternity Benefit Act 1961


12 protection of women from domestic violence act 2000

13 bonded labour system abolition act 1976

14 equal remuneration act 1976

15 minimum wages act 1948

Features of the protection of human rights act 1993

1 the protection of human rights act 1993 contains 8 chapters and 43 sections dealing with
composition of Human Rights Commission functions of the commission human Rights
courts, accounts and Audit et cetera

2 the protection of human rights act 1993 extends to the whole of India but it shall apply to
the state of Jammu and Kashmir only insofar as it pertains to the matters to any of the
entries enumerated in list 1 or List three in the seventh schedule to the constitution

3 The act provides for the constitution of National Human Rights Commission State Human
Rights Commission in states and Human Rights courts for better protection of human rights
and for matters connected therewith

- Explain the writs available under the Constitution of India for the
protection of Human Rights

- With the help of decided cases, explain the role of courts in protecting
human rights in India

9 - Explain the purpose of establishment of United Nations High


Commissioner for refugees

Short Notes

1 - Rights of Disabled Persons (2)


2 - Rights of Aged Persons

5 - Rights of Children (2)

2 - NGO's role in protecting Human Rights

3 - Discriminating against women (2)

4 - Commission on Human Rights

6 - United Nations High Commission for Human Rights

7 - Human and People's Rights enshrined in the African Charter

8 - African Commission on Human Rights

9 - Different Kinds of Human Rights (2)

10 - International bill of Human Rights