Professional Documents
Culture Documents
Civil and political rights are a class of rights ensuring things such as the protection
of peoples physical integrity; procedural fairness in law; protection from
discrimination based on gender; religion; race; sexual orientation, etc; individual
freedom of belief, speech, association, and the press; and political participation.
Contrast with economic. Social and cultural rights, civil and political rights are
included in Universal Declaration of Human Rights and elaborated upon in the
International Covenant on Civil and Political Rights.
The civil and political rights are intimately related to modern democracy. The
protection of these rights would help the success of democracy. These rights are
The Rights to life, liberty and security of person;
Freedom from slavery and torture;
Equality before the law;
Protection against arbitrary arrest, detention or exile;
The Right to a fair trial;
The Right to own property;
The Right to political participation;
The Right to marriage;
The Fundamental freedoms of thought, conscience and religion, opinion and
expression;
Freedom of peaceful assembly and association;
The Right to take part in the government of his/ her country, directly or
through freely chosen representatives.
The Indian Constitution contains many of these rights in Part III under Fundamental
Rights.
Many international treaties and other instruments guarantee civil and political rights
and include a number of provisions specifically addressing the rights of persons with
disabilities. The main treaty at the international level is the International Covenant
on Civil and Political Rights (ICCPR). In addition, the Convention Against Torture
(CAT), and the Convention on the Rights of the Child (CRC) also contain guarantees
of civil and political rights, as do the International Convention on the Elimination of
All Forms of Racial Discrimination (CERD), and Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW). Regional human rights
conventions also contain guarantees of civil and political rights.
The ICCPR was adopted by the UN General Assembly in 1966. It requires that all
Parties ‘respect and ensure to all individuals within their territory and subject to
their jurisdiction’ the rights which the Covenant recognises. The ICCPR covers a
range of traditional civil and political rights, often referred to over simplistically as
‘negative’ rights, enforceable only in relation to the actions of the State. These
rights include (amongst others):
Personal freedom in the context of human rights guarantees that the state has a
responsibility to:
Protest us from torture and degradation.
Protest us from slavery or forced or compulsory labour.
Guarantee us a fair examination and effective remedy in case of violate of
rights.
Ensure our right to liberty, freedom of thought and freedom of expression.
Protect us from discrimination and prohibit abuse of our rights.
The right to freedom in article 19 guarantees the following six rights.
Freedom of speech and expression, which enable an individual to participate
in public activities. The phrase, ‘freedom of press’ has not been used in
article 19, but freedom of expression includes freedom of press. Reasonable
restrictions can be imposed in interest of public order, security of state,
decency or morality.
Freedom to assemble peacefully without arms, on which the state can impose
reasonable restrictions in the interest of public order and sovereignty and
integrity of India.
Freedom to form association or unions on which the state can impose
reasonable restrictions the interest of public order and sovereignty and
integrity of India.
Freedom to move freely throughout the territory of India though reasonable
restrictions can be imposed on this right in the interest of the general public,
for example, restrictions may be imposed on movement and traveling, so as
to control epidemics.
Freedom to reside and settle in any part of the territory of India which is also
subject to reasonable restrictions in the state in the interest of general public
or for the protection of scheduled tribes because certain safeguards are
envisaged here seem to be justified to protect indigenous and tribal peoples
from exploitation and coercion.
Freedom to practice any profession or to carry on any occupation, trade or
business on which the state may impose reasonable restrictions in the
interest of the general public. Thus, there is no right to carry on a business
which is dangerous or immoral. Also, professional or technical qualifications
may be prescribed for practicing any profession or carrying on any trade.
The constitution also guarantees the right to life and personal liberty, which in turn
cites specific provisions in which these rights are applied and enforced:
Protection with respect to conviction for offences is guaranteed in the right to
life and personal liberty. According to Article 20, no one can be awarded
punishment which is more than what the law prescribes at that time. This
legal axiom is based on the principle that no criminal law can be made
retrospective, that is, for act to become an offence, the essential condition is
that it should have been an offence legally at the time of committing it.
Moreover, no person accused of any offence shall be compelled to be a
witness against himself. “Compulsion” in this article refers to what in law is
called “Duress” (injury, beating or unlawful imprisonment to make a person
do something that he does not want to do). This article is known as safeguard
against self incrimination. The other principle enshrined in this article is
known as the principle of double jeopardy, that is no person can be convicted
twice for the same offence, which has been derived from Anglo Saxon law.
This principle was first established in the Magna Carta.
Protection of life and liberty is also stated under right to life and personal
liberty. Article 21 declares that no citizen can be denied his life and liberty
except law. This means that a person’s life and liberty can only be disputed if
that person has committed a crime. However, the right to life does not
include the right to die, and hence, suicide or an attempt thereof, is an
offence. “Personal liberty” includes all the freedoms which are not included in
Article 19. The right to travel abroad is also covered under “personal liberty”
in Article 21.
In 2002, through 86th amendment act, article 21 (A) was incorporated. It
made the right to primary education part of the right to freedom, stating that
state would provide free and compulsory education to children from six to
fourteen years of age.
Rights of person arrested under ordinary circumstances are laid down in the
right to life and personal liberty Article 22 no one can be arrested without
being told the grounds for his arrest. If arrested citizen has to be brought
before the nearest magistrate within 24 hours. The rights of a person
arrested under ordinary circumstances are not available to an enemy or
alien. They are also not available to persons detained under the “Preventive
Detention Act”. Under preventive detention the government can imprison a
person for a maximum of three months. It means that if the government feels
that a person being at liberty can be a threat to the law and order or to the
unity and integrity of the nation, it can detain or arrest that person to prevent
him from doing this possible harm. After three months such a case is brought
before an advisory board for review.
FREEDOM OF EXPRESSION OR FREEDOM OF SPEECH
The freedom of speech and of the press does not confer an absolute right
to express without any responsibility; reasonable restrictions on these
grounds can be imposed only by a duly enacted law and not by executive
action. With the same token clause (2) of article 19 of the Indian constitution
enables the legislature to impose reasonable restrictions on free speech
under following heads:
RIGHT TO CONTRACT
According to section 2(h) Indian Contract Act “an agreement
enforceable by law is contract”
According to Sir Fredric Pollock “Every agreement and promise at law
is contract”
According to section 2(e) of the Indian Contract Act “Every promise
and every set of promises forming the consideration for each other is an
agreement”.
RIGHT TO INFORMATION
The Right to Information is derived from our fundamental right of expression
under Article 19 of the Constitution of India. Article 19 (1) says that every
citizen has freedom of speech and expression.
It came into force on the 12th October, 2005 (120th day of its enactment on
15th June, 2005). Some provisions have come into force with immediate
effect. RTI Act not applicable to Intelligence and Security Organization.
The Act extends to the whole of India except the State of Jammu and
Kashmir.
Right to information is defined under Section 2(j) as: "right to information"
means the right to information accessible under this.
Act which is held by or under the control of any public authority and includes
the right to
(i) inspection of work, documents, records;
(ii) taking notes, extracts, or certified copies of documents or records.
(iii) taking certified samples of material;
(iv) obtaining information in the form of diskettes, floppies. tapes, video
cassettes or in any other electronic mode or through printouts where such
information is stored in a computer or in any other device; ‘ Information can
be demanded from all Public authorities, i.e. all Govt. bodies and
organizations substantially financed by Government including NGOs.
• information, disclosure of which would prejudicially affect the sovereignty and integrity
of India, the security, “strategic, scientific or economic" interests of the State, relation
with foreign State or lead to incitement of an offence;
• information which has been expressly forbidden to be published by any
court of law or tribunal or the disclosure of which may constitute
contempt of court;
• information, the disclosure of which would cause a breach of privilege of Parliament or
the State Legislature;
• information including commercial confidence, trade secrets or
intellectual property, the disclosure of which would harm the
competitive position of a third party, unless the competent authority is
satisfied that larger public interest warrants the disclosure of such
information; information including commercial confidence, trade
secrets or intellectual property, the disclosure of which would harm the
competitive position of a third party, unless the competent authority is
satisfied that larger public interest warrants the disclosure of such
information;
information available to a person in his fiduciary relationship, unless the competent authority is
satisfied that the larger public interest warrants the disclosure of such information;
information received in confidence from foreign Government;
information, the disclosure of which would endanger the life or physical safety of any person or
identify the source of information or assistance given in confidence for law enforcement or
security purposes;
information which would impede the process of investigation or apprehension or prosecution
of offenders;
cabinet papers including records of deliberations of the Council of Ministers, Secretaries and
other officers;