Ques.1. Discuss the role of National Human Rights Commission is protecting human rights in India.

Ans. Role of the National Human Rights Commission in Protecting Human Rights in India
The National Human Rights Commission (NHRC) of India is an important institution that works to
protect and promote human rights in the country. It was set up on 12th October 1993 under the
Protection of Human Rights Act, 1993. Human rights are the basic rights and freedoms that every
person should have, such as the right to life, liberty, equality, and dignity.
The NHRC is an independent body that helps people when their human rights are violated. It works to
make sure that people in India can live freely, safely, and with dignity.
Main Functions of the NHRC:
1. Receiving Complaints of Human Rights Violations
The NHRC receives complaints from individuals or groups whose rights have been violated.
It can also take action on its own (called suo motu) if it comes across reports of human rights violations
through media or other sources.
2. Investigation of Cases
Once a complaint is received, the NHRC can investigate the matter.
It can call for reports from the police or other authorities and question government officials.
It can also visit the place where the incident happened to collect evidence.
3. Recommendations to the Government
After the investigation, the NHRC can recommend that the government take action against the guilty
persons.
It can also suggest that compensation be paid to the victims.
However, it cannot punish anyone directly. Its recommendations are not legally binding, but they are
usually respected by the government.
4. Inspection of Jails and Institutions
The NHRC visits jails, mental hospitals, and other government institutions to check how people are
being treated.
If it finds that people’s rights are being violated, it can ask the government to make changes.
5. Spreading Awareness about Human Rights
The NHRC educates people about their rights by organizing seminars, workshops, and publishing books
and reports.
It also encourages schools and colleges to include human rights education.
6. Reviewing Laws and Government Actions
The NHRC reviews laws, policies, and government actions to ensure that they follow human rights
principles.
It gives suggestions to improve laws and make them more people-friendly.
Limitations of the NHRC:
While the NHRC plays a very important role, it also has some limitations:
No Power to Enforce Decisions:
The NHRC can only recommend actions to the government. It cannot punish anyone or force the
government to act.
Limited Role in Cases Involving Armed Forces:
If the armed forces are involved in human rights violations, the NHRC cannot directly investigate. It
can only ask for reports from the government.
Dependence on Government Machinery:
The NHRC depends on the police and other government departments for investigations, which can
affect its independence and speed.
Conclusion:
The National Human Rights Commission is a very important part of India's democracy. It helps protect
the rights of people and ensures that the government does not misuse its power. Even though it cannot
enforce its recommendations, it has brought attention to many important issues and helped many
victims of injustice. Strengthening the NHRC by giving it more powers can make it even more effective
in protecting the human rights of all citizens in India.
Ques.2. ‘Judiciary, being the custodian of Constitution, always stands for the protection of Human
Rights in India ‘. Explain with the help of relevant case.
Ans. The Judiciary in India plays a very important role in protecting the human rights of people. As the
custodian of the Constitution, the judiciary ensures that the rights given to citizens under Part III of the
Constitution (Fundamental Rights) are not violated. When people's rights are denied or violated, they
can approach the courts, especially the High Courts and the Supreme Court, to get justice.
The Supreme Court has the power to issue writs (under Article 32), and the High Courts (under Article
226) to protect fundamental rights. Over time, many important judgments have shown how the
judiciary has helped in protecting human rights in India.
Important Cases that Show Judicial Protection of Human Rights:
1. Maneka Gandhi v. Union of India (1978)
This is one of the most important cases in Indian legal history.
Maneka Gandhi’s passport was taken by the government without giving her a proper reason.
The Supreme Court said that the right to travel abroad is a part of the right to personal liberty under
Article 21.
The Court also expanded the meaning of Article 21, stating that no person can be deprived of life or
liberty without just, fair, and reasonable law.
This case strengthened human rights and made Article 21 more powerful.
2. Hussainara Khatoon v. State of Bihar (1979)
This case was about undertrial prisoners who were kept in jail for years without a proper trial.
The Supreme Court said that the right to speedy trial is part of Article 21 and keeping people in jail
without trial for long periods is a violation of human rights.
This case led to the release of thousands of poor undertrials and improved prison conditions.
3. Vishaka v. State of Rajasthan (1997)
This case was about sexual harassment at the workplace.
There was no specific law in India at that time to deal with this issue.
The Supreme Court used international human rights conventions and gave guidelines to protect
women at work.
These are known as the Vishaka Guidelines and they were later made into a law –The Sexual
Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.
4. PUCL v. Union of India (2001) – Right to Food Case
The People’s Union for Civil Liberties (PUCL) filed a case saying that many poor people were starving
while food was rotting in godowns.
The Supreme Court said that the right to food is a part of the right to life under Article 21.
The Court ordered the government to improve the public distribution system (PDS) and implement
welfare schemes properly.
5. Justice K.S. Puttaswamy v. Union of India (2017)
This case recognized the Right to Privacy as a fundamental right under Article 21.
It was a landmark judgment that protected people’s personal freedom, especially in the digital age.
Conclusion:
These cases show that the Indian judiciary has played a powerful role in expanding and protecting
human rights. Even when there were no specific laws, the courts used the Constitution and
international human rights standards to ensure justice.
As the guardian of the Constitution, the judiciary ensures that the dignity, liberty, and rights of every
individual are respected and protected. It remains a strong pillar of democracy and a defender of
human rights in India.
Ques.3. Discuss the role of international and non-governmental organisations in protecting and
promoting human rights in India.
Ans. Human rights are the basic rights and freedoms that every human being is entitled to, regardless
of nationality, gender, religion, caste, or language. These include the right to life, liberty, equality,
freedom of expression, education, and protection from torture or discrimination.
While the Indian Constitution, judiciary, and National Human Rights Commission (NHRC) play a major
role in safeguarding these rights, international organizations and non-governmental organizations
(NGOs) also play a very important role in promoting and protecting human rights in India. These
organizations work independently or in collaboration with the government to ensure that the rights of
individuals, especially the poor and marginalized, are protected.
1. Role of International Organizations
International organizations create global standards for human rights and monitor whether countries,
including India, are following them. They also provide support and guidance for improving the human
rights situation.
a) United Nations (UN)
The United Nations is the largest international body working for human rights.
In 1948, the UN adopted the Universal Declaration of Human Rights (UDHR), which became the
foundation of human rights laws around the world, including India.
The UN Human Rights Council monitors the human rights performance of its member countries
through a process called Universal Periodic Review (UPR).
The Office of the High Commissioner for Human Rights (OHCHR) investigates reports of serious
violations and provides technical assistance to governments.
Other UN agencies also work in India:
UNICEF: Protects the rights of children and ensures access to health, education, and safety.
UN Women: Works for gender equality and women’s rights.
UNDP (United Nations Development Programme): Works on reducing poverty, improving health, and
promoting justice.
b) Amnesty International
Amnesty International is a global human rights organization that also works in India.
It investigates and reports human rights abuses such as police brutality, torture, unfair trials, and
discrimination.
Amnesty campaigns to raise awareness among people and pressure the government to take action.
Even though its India operations have faced challenges, its reports continue to be widely used.
c) Human Rights Watch (HRW)
Human Rights Watch is another global organization that monitors and reports human rights abuses in
many countries, including India.
It focuses on issues such as violence against women, treatment of minorities, conditions in jails, child
labor, and caste-based discrimination.
These international organizations play a watchdog role. They bring international attention to human
rights issues and help improve India’s global image by encouraging it to follow international laws and
conventions.
2. Role of Non-Governmental Organizations (NGOs) in India
In India, NGOs work directly with the people, especially in rural and backward areas, where
government reach is limited. These organizations play a crucial role in both protecting human rights
and creating awareness about them.
a) Legal Support and Protection
Many NGOs provide free legal aid to victims of human rights violations, especially the poor who cannot
afford lawyers.
NGOs like the Human Rights Law Network (HRLN) and People’s Union for Civil Liberties (PUCL) file
public interest litigations (PILs) to protect the rights of marginalized communities.
They help victims of domestic violence, caste discrimination, bonded labor, land rights violations, and
more.
b) Creating Awareness
NGOs conduct campaigns, workshops, and training programs to educate people about their
fundamental rights and how to protect them.
They also train police officers, local leaders, and teachers to understand and respect human rights.
c) Advocacy and Policy Change
NGOs work as pressure groups, pushing the government to make and implement laws that protect
human rights.
For example, many NGOs were involved in the campaigns that led to the creation of laws like:
The Right to Information Act (2005)
The Protection of Women from Domestic Violence Act (2005)
The Forest Rights Act (2006)
d) Monitoring and Reporting Violations
NGOs act as watchdogs by documenting and reporting cases of abuse, discrimination, or neglect.
They prepare alternative human rights reports, which are submitted to the United Nations during the
Universal Periodic Review (UPR).
This helps bring international pressure on the Indian government to improve its human rights record.
Examples of Important NGOs in India
1. PUCL (People’s Union for Civil Liberties) – Works on civil liberties, freedom of expression, and
protection from police abuse.
2. HRLN (Human Rights Law Network) – Provides legal support for marginalized communities.
3. CRY (Child Rights and You) – Works for child protection, education, and ending child labor.
4. Oxfam India– Works on reducing inequality and promoting economic and social justice.
5. Sewa Bharat – Focuses on rights of women in the informal sector.
Challenges Faced by These Organizations
Funding restrictions: Some NGOs face restrictions under the Foreign Contribution Regulation Act
(FCRA), limiting their foreign funding.
Political pressure: Sometimes, NGOs are labeled as “anti-national” or face legal action when they
report against government actions.
Safety of activists: Human rights defenders and journalists are sometimes attacked or threatened.
Despite these challenges, many organizations continue to work tirelessly to ensure that everyone in
India can live with dignity, safety, and freedom.
Conclusion
Both international organizations and non-governmental organizations play an essential role in
protecting and promoting human rights in India. While the international bodies set standards and put
pressure on governments, NGOs work directly with people to defend their rights and provide justice.
Together, they help create a more just, equal, and humane society by making sure that the voice of the
weak and oppressed is heard and respected.
Ques.4. Discuss critically the role of United Nations and its specialised agencies in the protection
and promotion of human rights.
Ans. The United Nations (UN) was established in 1945 after World War II, with the primary goal of
maintaining international peace and security. One of its key objectives is to promote and protect
human rights across the world. Over the decades, the UN has played a vital role in setting international
standards, monitoring human rights violations, and providing assistance to states to improve human
rights conditions.
However, while the UN has made significant contributions, it also faces serious challenges and
criticisms in fulfilling its mission effectively.
Positive Contributions of the UN to Human Rights
1. Establishing a Global Framework
The Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly in 1948, laid
the foundation for modern human rights law.
It has inspired over 60 international treaties and declarations, and influenced national constitutions
and laws around the world.
2. Treaty Bodies and Legal Mechanisms
The UN has developed legally binding treaties, including:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention on the Elimination of Discrimination Against Women (CEDAW)
Convention on the Rights of the Child (CRC)
These treaties are monitored by treaty bodies that review reports from member countries and issue
recommendations.
3. UN Human Rights Council (UNHRC)
The UNHRC, formed in 2006, is the main intergovernmental body responsible for promoting and
protecting human rights globally.
It conducts the Universal Periodic Review (UPR) of all member states to assess their human rights
performance.
It also sends Special Rapporteurs to investigate specific issues or situations in countries.
4. Office of the High Commissioner for Human Rights (OHCHR)
his office works to promote human rights globally through technical assistance, field missions, training,
and advocacy.
It provides support to governments and civil society organizations and publishes reports on human
rights conditions.
Role of Specialized UN Agencies
The UN's specialized agencies also contribute significantly to promoting human rights in their specific
areas:
1. UNICEF (United Nations International Children’s Emergency Fund)
Protects the rights of children, focusing on education, health, nutrition, and protection from abuse and
exploitation.
Plays a key role in conflict zones and developing countries.
2. UNESCO (United Nations Educational, Scientific and Cultural Organization)
Promotes the right to education, freedom of expression, and protection of cultural rights.
Works against discrimination in education and supports media freedom.
3. WHO (World Health Organization)
Works for the right to health and access to healthcare.
Promotes health equity, maternal and child health, and responses to global pandemics.
4. ILO (International Labour Organization)
Protects labor rights, promotes decent work, and combats child labor, forced labor, and workplace
discrimination.
5. UN Women
Focuses on gender equality and the empowerment of women.
Supports governments in implementing policies and laws for women's rights.
Critical Evaluation and Challenges
Despite its achievements, the UN's role in protecting human rights has several limitations:
1. Lack of Enforcement Power
The UN can only issue recommendations or condemn violations—it cannot directly enforce its
decisions.
States are not legally bound to follow the suggestions of treaty bodies or Special Rapporteurs.
2. Political Influence and Selectivity
Powerful member states often influence decisions, leading to double standards.
Some countries with poor human rights records are members of the Human Rights Council, which
weakens its credibility.
3. Non-cooperation from Member States
Some governments refuse to cooperate with UN mechanisms or ignore its recommendations.
Examples include refusal to allow UN investigators into countries accused of serious abuses.
4. Limited Resources
Many UN agencies suffer from funding shortages, which limits their ability to respond effectively to
crises or violations.
5. Bureaucracy and Delay
UN mechanisms are often slow, bureaucratic, and burdened with procedural hurdles.
Victims may not get timely relief due to delays in investigations and reports.
Conclusion
The United Nations and its specialized agencies have played a pioneering role in creating a global
human rights framework. Through its declarations, treaties, monitoring bodies, and field missions, the
UN has helped to raise awareness, build legal systems, and support victims worldwide.
However, the effectiveness of the UN is limited by political pressures, lack of enforcement powers, and
resource constraints. For the UN to play a stronger role in human rights protection, reforms are needed
to make its bodies more transparent, representative, and empowered.
In short, while the UN has made valuable contributions, its success depends heavily on the cooperation
of member states, global political will, and strengthening of accountability mechanisms.
Ques.5. Discuss the measures and mechanism for the implementation of the international
convention on civil and political rights.
Introduction
The International Covenant on Civil and Political Rights (ICCPR), adopted by the United Nations in 1966
and entered into force in 1976, is a key human rights treaty. It aims to ensure the protection of civil
and political rights such as the right to life, freedom of expression, right to a fair trial, and protection
against torture and arbitrary detention.
To ensure that countries follow and implement the ICCPR, several measures and mechanisms have
been established at both the international and national levels.
1. Reporting System (Article 40)
Each State Party is required to submit regular reports to the UN Human Rights Committee on how it is
implementing the rights set out in the ICCPR.
Reports are reviewed, and the Committee gives "Concluding Observations" suggesting improvements.
This ensures international monitoring and encourages compliance.
2. Human Rights Committee
The Human Rights Committee is a body of 18 independent experts that monitors the implementation
of the ICCPR.
It examines reports from states, provides interpretations of the Covenant (called General Comments),
and considers complaints from individuals.
3. Individual Complaints (First Optional Protocol)
Individuals can bring complaints to the Committee if they believe their rights under the ICCPR have
been violated.
This is only possible if the country has ratified the First Optional Protocol.
The Committee investigates and provides a decision or “view,” which, while not legally binding, carries
significant moral and political influence.
4. Inter-State Complaints (Article 41)
Countries can file complaints against other countries for violating the ICCPR, if both have agreed to
allow such a process.
This is rarely used but provides a formal mechanism for international accountability.
5. General Comments
The Committee publishes General Comments to explain and interpret specific rights in the Covenant.
These helps guide governments, courts, and citizens in understanding and applying the ICCPR more
effectively.
6. Follow-Up Mechanisms
The Human Rights Committee monitors whether countries act on its recommendations and views.
Follow-up reports or letters are used to check progress and continue dialogue with the state.
7. National Implementation
States must align their national laws and practices with the rights in the ICCPR.
This includes:
Legal reforms.
Judicial remedies.
Human rights education.
National human rights institutions (e.g., commissions and ombudsmen).
Challenges in Implementation
Lack of political will or legal reform in some states.
The Committee’s decisions are not enforceable like court judgments.
Some major countries have not accepted the individual complaint mechanism.
Ongoing conflicts and authoritarian regimes make implementation difficult in certain regions.
Conclusion
The ICCPR has a strong structure for monitoring and guiding the protection of civil and political rights
through reporting, expert review, individual complaints, and interpretive guidance. However, its full
success depends on the commitment of each country to uphold and implement these rights at the
national level.
Ques.6. International Court of Justice has played a vital role in the protection and enforcement of
Human Rights. Explain.
Ans. The International Court of Justice (ICJ), while not a human rights court per se, has played a vital
and evolving role in the protection and enforcement of human rights through its jurisprudence,
advisory opinions, and influence on international law. Here's a detailed explanation of how the ICJ
contributes to human rights:
1. Nature and Mandate of the ICJ
The ICJ, established in 1945 as the principal judicial organ of the United Nations, primarily deals with:
Contentious cases between states involving questions of international law.
Advisory opinions requested by UN organs and specialized agencies.
Although individuals cannot bring cases, the ICJ often addresses human rights indirectly through state-
to-state disputes and legal interpretations.
2. Direct Contributions to Human Rights Protection
a. Advisory Opinions on Human Rights Issues
The ICJ has issued several landmark advisory opinions that have clarified and reinforced human rights
principles:
Advisory Opinion on Namibia (1971):
Declared South Africa’s occupation of Namibia illegal due to violations of the rights of its people,
including racial discrimination.
Reinforced the principle of self-determination as a human right.
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004):
Ruled that the wall violated international humanitarian and human rights law, including freedom of
movement, work, education, and health.
Reaffirmed the right of self-determination of the Palestinian people.
Chagos Archipelago (2019):
Found the UK's continued administration of the Chagos Islands a violation of the right to self-
determination of the Mauritian people.
These opinions, though non-binding, carry significant legal and moral authority and are widely cited
by UN bodies and regional courts.
b. Contentious Cases Involving Human Rights
The ICJ has adjudicated state-to-state disputes involving serious human rights violations, including:
Bosnia and Herzegovina v. Serbia and Montenegro (2007):
The ICJ recognized genocide in Srebrenica and ruled that Serbia failed to prevent it and to punish the
perpetrators, reinforcing state responsibility under the Genocide Convention.
Gambia v. Myanmar (2020–ongoing):
Gambia, on behalf of the OIC, accused Myanmar of genocide against the Rohingya minority.
The ICJ issued provisional measures requiring Myanmar to prevent further acts of genocide—an
important preventive intervention.
Ukraine v. Russia (2022–ongoing):
Alleging misuse of the Genocide Convention to justify military aggression.
ICJ issued provisional measures ordering Russia to halt its military operations, invoking human rights
principles.
3. Clarifying State Obligations under Human Rights Treaties
Although the ICJ does not directly enforce treaties like the ICCPR or ICESCR, it interprets treaties such
as:
Convention on the Elimination of Racial Discrimination (CERD)
Genocide Convention
Convention Against Torture (in related advisory or jurisdictional decisions)
These rulings help define state obligations, due diligence standards, and accountability mechanisms,
which in turn influence the implementation of human rights norms globally.
4. Complementarity with Other Human Rights Mechanisms
The ICJ complements other bodies like:
International Criminal Court (ICC) — which prosecutes individuals.
UN Human Rights Treaty Bodies — which monitor compliance.
Regional human rights courts (e.g., ECtHR, IACtHR) — which hear individual complaints.
While those bodies focus on individual justice, the ICJ focuses on inter-state responsibility, helping
shape customary international law and interpret human rights norms.
5. Limitations
Only states can be parties to ICJ proceedings—not individuals or NGOs.
Jurisdiction requires state consent, limiting access.
ICJ judgments rely on state compliance, as it lacks enforcement powers.
Conclusion
While not a human rights court in a strict sense, the ICJ plays a crucial role in promoting, protecting,
and interpreting human rights at the international level. Through its jurisprudence on self-
determination, genocide, racial discrimination, and other human rights principles, the Court
contributes significantly to the development of international human rights law and to holding states
accountable for violations.
Ques.7. ‘The legal profession has contributed positively towards protection of human rights in India’.
Critically examine this statement.
Ans. Introduction
The legal profession in India is a powerful institution that has played an essential role in protecting,
promoting, and expanding human rights. This profession includes judges, lawyers, legal academics, law
students, and activists. Together, they form a system that aims to uphold justice, defend the
Constitution, and give a voice to those who are weak, poor, and oppressed.
India's Constitution guarantees Fundamental Rights to all citizens, and the legal profession is
responsible for ensuring these rights are respected and enforced. Over the years, the legal community
has taken several steps to strengthen the protection of human rights through public interest litigations,
legal aid, constitutional interpretations, and social activism. However, there are also valid criticisms
and concerns about the limitations, failures, and challenges of the profession, especially when it comes
to access to justice, delays, and ethics.
This essay will examine both the positive contributions and the weaknesses of the legal profession in
India in the context of human rights.
Positive Contributions of the Legal Profession
1. Public Interest Litigation (PIL)
One of the biggest achievements of the Indian legal profession has been the development of Public
Interest Litigation (PIL). This process allows any individual or group to approach the court on behalf of
someone else, especially when the victim is too poor, weak, or unaware of their rights.
Lawyers like Kapil Sibal, Indira Jaising, and Prashant Bhushan have filed many PILs to protect the rights
of prisoners, bonded laborers, slum dwellers, women, children, and the environment.
In the Hussainara Khatoon case, a PIL filed for undertrial prisoners in Bihar led to thousands of poor
people being released after years of illegal detention.
PIL has made the courts more accessible to the general public and has become a tool for social justice.
2. Expanding the Scope of Fundamental Rights
The legal profession, especially through the judiciary, has helped expand the meaning of fundamental
rights guaranteed by the Constitution.
Article 21 (Right to Life and Personal Liberty) has been interpreted by the courts to include right to live
with dignity, right to health, right to shelter, right to education, right to privacy, and more.
In the K.S. Puttaswamy case, the Supreme Court declared the Right to Privacy as a fundamental right.
These interpretations have made the Constitution a living document that grows with society.
3. Free Legal Aid and Legal Awareness
To ensure justice for all, especially the poor, the legal profession has supported the development of
free legal aid services.
Under Article 39A of the Constitution and the Legal Services Authorities Act, 1987, legal aid is available
for people who cannot afford a lawyer.
Many lawyers and NGOs also take up cases pro bono (free of charge) to help those in need.
This has helped bridge the gap between the legal system and ordinary citizens.
4. Human Rights Advocacy and Legal Activism
Many lawyers have also taken up the role of human rights defenders. They work outside the courtroom
as activists, educators, and voices for the voiceless.
Lawyers like Colin Gonsalves, Vrinda Grover, and Flavia Agnes have worked on issues such as custodial
deaths, police violence, women’s rights, tribal rights, LGBTQ+ rights, and more.
These lawyers often take great risks to fight for justice, even against powerful political or social forces.
Limitations and Criticisms of the Legal Profession
Despite its many achievements, the legal profession in India also faces several serious criticisms when
it comes to the protection of human rights.
1. Unequal Access to Legal Services
The reality is that many poor and marginalized people cannot afford good legal help.
Senior advocates often charge very high fees, making their services available only to the rich and
powerful.
Although free legal aid exists, it is often slow, poorly managed, and not always effective.
2. Delay in Justice and Overburdened Courts
Indian courts are known for being slow, with lakhs of cases pending for years or even decades.
These delays often result in the denial of justice, especially for those in jail or those fighting against
powerful forces.
 Lawyers also contribute to these delays by taking unnecessary adjournments or dragging cases for
their own benefit.
3. Corruption and Ethical Issues
Not all lawyers and legal professionals follow high moral standards.
There have been cases of corruption, bribery, false cases, and unethical behavior by lawyers, which
damage the image of the profession.
Some lawyers misuse the law for political or personal gain, rather than for justice.
4. Lack of Sensitivity and Representation
The legal profession still lacks diversity and inclusiveness.
There are very few lawyers and judges from Scheduled Castes, Scheduled Tribes, religious minorities,
and women at higher levels of the profession.
As a result, the legal system may sometimes fail to understand or address the real problems of
disadvantaged groups.
Conclusion
In conclusion, the legal profession in India has played a vital and mostly positive role in the protection
and promotion of human rights. It has expanded the meaning of rights, provided a platform for the
poor through PILs, and produced many brave human rights defenders. However, there are also many
serious challenges, such as lack of access, delays, unethical practices, and lack of representation.
To truly ensure human rights for all, the legal profession must become more inclusive, ethical, efficient,
and people-focused. Reforms in legal education, better legal aid systems, more diversity, and stronger
ethical standards are needed to improve the profession’s contribution to human rights in India.
Ques.8. Discuss in detail regarding the ‘Social Contract Theory’ of the evolution of Human Rights.
Ans. Introduction
The Social Contract Theory is an important idea that explains how governments were formed and how
human rights came into existence. It says that people agreed to create a government to protect their
rights and live in peace.
Before governments existed, people lived in a "state of nature"—a condition where there were no
rules, no laws, and no one to protect them. Life was full of fear and danger. So, people made a social
contract—an agreement to follow rules and accept a government in return for safety and protection
of their rights.
Key Thinkers and Their Ideas
1. Thomas Hobbes
Hobbes believed that in the state of nature, life was very unsafe and violent.
People were always fighting, and there was no peace.
So, people agreed to give all their power to a strong ruler (like a king) to keep peace and protect them.
He did not believe people could rebel against the ruler.
His view: Safety is more important than freedom.
2. John Locke
Locke said that people in the state of nature had some natural rights—like the right to life, liberty, and
property.
But without a government, these rights were not protected.
So, people made a social contract to form a government that would protect their rights.
If the government failed to do so, people had the right to change or remove it.
His view: The government must protect rights. If it fails, people can revolt.
3. Jean-Jacques Rousseau
Rousseau believed people were good in nature, but society made them greedy and unequal.
He said the government should be based on the general will (what most people want).
Everyone must follow laws made by the people for the people.
His view: The government should work for the common good and equality.
Impact on Human Rights
These ideas helped create the foundation for modern democracy and human rights.
They influenced major documents like:
The American Declaration of Independence (1776)
The French Declaration of the Rights of Man (1789)
The Universal Declaration of Human Rights (1948)
The Social Contract Theory helped the world understand that:
People have basic rights.
Governments must protect these rights.
If not, people can demand change.
Conclusion
The Social Contract Theory explains how people gave up some freedom to form governments that
protect their rights. Thinkers like Hobbes, Locke, and Rousseau shaped the way we think about
freedom, justice, and equality. Their ideas laid the foundation for human rights, which are now
protected in laws around the world.
Ques.9. Describe the Preamble and Proclamation made by the General Assembly of the United
Nations in the Universal Declaration of Human Rights,1948.
Ans. Introduction
The Universal Declaration of Human Rights (UDHR), adopted by the United Nations General Assembly
on December 10, 1948, is a milestone document in the history of human rights. It was created to
establish common standards for the protection of human rights worldwide and ensure that all
individuals are treated with dignity and respect, regardless of their race, religion, or nationality.
The Preamble and the Proclamation of the UDHR play a crucial role in setting the tone and the purpose
of the Declaration. Let’s break them down.
Preamble of the UDHR
The Preamble sets the foundation for the entire Declaration. It outlines the reasons for its creation and
emphasizes the importance of human rights and dignity for all people. Here’s a breakdown of the key
points from the Preamble:

1. Recognition of Human Dignity and Equality:

The Preamble begins by recognizing that all humans are born free and equal in dignity and rights.
It emphasizes the importance of respecting human dignity and the equal and inalienable rights of
all members of the human family.

2. The Need for Protection Against Injustice:

It highlights that the disregard and violation of human rights led to barbarous acts that have caused
tremendous harm in history, especially in the wake of World War II and the horrors of the Holocaust.
Therefore, human rights protection is necessary for promoting justice, peace, and social progress.

3. Promotion of Universal Respect and Observance:

The Preamble stresses that human rights should be protected by the rule of law.
It calls for nations to work together to ensure that these rights are universally respected and
observed.

4. Importance of Education and Awareness:

The Preamble stresses the importance of education to further understanding of human rights and
to encourage a spirit of brotherhood among people.
It acknowledges that promoting human rights requires public awareness through education and
international cooperation.
Proclamation by the General Assembly
The Proclamation made by the General Assembly of the United Nations serves as an official
announcement of the Declaration. It sets the moral and legal standards for human rights across the
world. The Proclamation includes the following key points:
1. A Common Standard of Achievement:
The General Assembly proclaims that the Universal Declaration of Human Rights is a common standard
of achievement for all nations, aiming to protect the human rights of everyone.
It calls on all countries to recognize and respect these rights, which are fundamental to human
freedom and equality.
2. The Right to Life, Liberty, and Security:
The Proclamation reaffirms that every person is entitled to the right to life, liberty, and security of
person.
These rights form the core of what it means to live with dignity and freedom.
3. The Importance of National and International Action:
The General Assembly emphasizes that while human rights must be protected by national
governments, international cooperation is equally essential to ensure the implementation and
realization of these rights.
Nations are urged to take responsibility for promoting and protecting human rights at the national
level and through international treaties and agreements.
4. Inspiration for National Laws and International Law:
The Proclamation inspires governments to incorporate the principles of the UDHR into their national
constitutions and laws.
It also serves as a guide for developing international laws that protect human rights across the globe.
Conclusion
The Preamble and Proclamation of the Universal Declaration of Human Rights (1948) establish the
moral and legal basis for human rights protection. They emphasize the equality, dignity, and rights of
all individuals, regardless of nationality or background, and urge nations to protect these rights
through education, international cooperation, and the rule of law. Together, they form the foundation
for a global commitment to ensuring freedom, equality, and justice for everyone.
Ques10. Attempt the following: -
(A) Write a short note on Human Rights Watch.
(B) Discuss the role of public participation in the protection and promotion of human rights.
Ans. (A) Introduction:
Public participation is key to ensuring the protection and promotion of human rights. When people
actively engage in decision-making, raise awareness, and hold governments accountable, they help
ensure that human rights are respected and upheld.
1. Raising Awareness:
Public participation helps people learn about their rights and raise awareness of human rights
violations. This can lead to social movements that push for change.
2. Strengthening Democracy:
In democratic systems, voting, protests, and advocacy allow citizens to influence laws and policies that
protect human rights, ensuring governments stay accountable.
3. Holding Governments Accountable:
Through monitoring and reporting abuses, the public helps hold governments accountable for human
rights violations, ensuring justice and legal protections.
4. Supporting Legal Reforms:
Public involvement in shaping laws helps create policies that protect human rights, such as the Right
to Information or anti-discrimination laws.
5. Empowering Marginalized Groups:
Public participation gives a voice to marginalized communities, helping them demand equal rights and
fight against discrimination.
Conclusion:
Public participation is essential for advocating for rights, holding authorities accountable, and
influencing policies. It ensures that human rights are respected and protected in society.
(B) Role of Public Participation in the Protection and Promotion of Human Rights:
Introduction:
Public participation is crucial in promoting and protecting human rights. When individuals and
communities take part in raising awareness, advocating for change, and holding governments
accountable, they help ensure human rights are respected and upheld. Here are some recent
examples, including one from India, where public participation has played a key role in human rights
issues.
1. Raising Awareness:
Public participation helps bring attention to human rights issues. A recent example is the Farmer
Protests in India (2020-2021). Farmers from Punjab, Haryana, and other states protested against new
agricultural laws they believed would harm their livelihoods. The protests were widely supported
across India, raising awareness about farmers' rights, economic justice, and access to fair market
practices.
2. Strengthening Democracy:
In democratic systems, public participation in elections and protests ensures that governments stay
accountable. A recent example is the Citizenship Amendment Act (CAA) protests in India (2019-2020).
People, especially students and activists, participated in large-scale protests across the country to
demand the repeal of the CAA, which they believed discriminated against Muslim communities. The
protests were a call for equal treatment under the law and the protection of religious freedom.
3. Holding Governments Accountable:
Public participation holds governments accountable for human rights violations. A recent example in
India is the National Register of Citizens (NRC) protests in Assam (2019), where people participated in
protests to oppose the NRC, fearing that it would render many citizens, especially from marginalized
communities, stateless. The movement aimed to protect the right to citizenship and prevent
discrimination against minority groups.
4. Supporting Legal Reforms:
Public participation can influence legal reforms that protect human rights. A recent example is the
decriminalization of same-sex relationships in India. In 2018, after years of activism and public support,
the Supreme Court of India overturned Section 377 of the Indian Penal Code, which criminalized
homosexuality. This landmark judgment was the result of persistent public advocacy and activism by
the LGBTQ+ community and their allies.
5. Empowering Marginalized Groups:
Public participation helps empower marginalized communities to demand their rights. A recent
example in India is the rights of Dalits and Adivasis (Scheduled Castes and Scheduled Tribes). Public
protests and advocacy for education, equal employment opportunities, and against caste-based
violence have led to changes in government policies, including the expansion of reservation
(affirmative action) for these groups in education and employment.
Conclusion:
Public participation plays a vital role in ensuring the protection and promotion of human rights. The
recent examples from India and around the world show that through protests, legal challenges, and
advocacy, people can raise awareness, hold governments accountable, and demand legal and policy
reforms to safeguard human rights and ensure justice, equality, and freedom for all.
Ques.11. How far United Nations have attained the desired goals to protect and preserve the Human
Rights.
Ans. Since its creation in 1945, the United Nations (UN) has been at the forefront of efforts to protect
and preserve human rights globally. Through its various agencies, treaties, and resolutions, the UN has
made significant strides in establishing international standards and fostering cooperation among
member states. However, the attainment of the desired goals in the protection of human rights has
been a complex and ongoing process with both notable successes and challenges.
Here’s an overview of how far the United Nations has come in achieving its human rights objectives:
1. Establishment of Legal Frameworks
The Universal Declaration of Human Rights (UDHR), adopted in 1948, is one of the cornerstones of
international human rights law. It set a global standard by outlining basic rights and freedoms to which
all people are entitled, regardless of nationality, ethnicity, or religion.
Achievements:
The UDHR has served as the foundation for several key human rights treaties and conventions, such
as:
International Covenant on Civil and Political Rights (ICCPR) (1966)
International Covenant on Economic, Social and Cultural Rights (ICESCR) (1966)
Convention on the Elimination of Racial Discrimination (CERD) (1965)
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1979)
Convention Against Torture (CAT) (1984)
These treaties create legal obligations for states to protect and promote human rights, and countries
that ratify them are held accountable through mechanisms like the UN Human Rights Council and
treaty bodies.
2. Establishment of Monitoring and Enforcement Mechanisms
The UN Human Rights Council (UNHRC), established in 2006, plays a central role in monitoring and
addressing human rights violations. It is responsible for promoting and protecting human rights
worldwide by reviewing situations in countries, responding to human rights violations, and providing
recommendations for improvement.
Achievements:
The Universal Periodic Review (UPR), a mechanism under the UNHRC, allows every UN member state
to have its human rights record reviewed regularly. This process encourages countries to improve their
human rights practices.
Special rapporteurs and independent experts investigate specific human rights concerns, such as
freedom of expression, torture, and the rights of minorities.
Challenges:
The UNHRC has been criticized for its political bias and the fact that some countries with poor human
rights records hold seats in the Council.
While it can issue recommendations, the UN lacks the power to directly enforce changes or impose
sanctions on countries that violate human rights.
3. Humanitarian Aid and Crisis Response
The UN has been active in responding to humanitarian crises caused by conflict, natural disasters, and
human rights abuses. Agencies like the United Nations High Commissioner for Refugees (UNHCR),
World Food Programme (WFP), and UNICEF have been crucial in providing aid to refugees, displaced
persons, and vulnerable populations.
Achievements:
The UNHCR has provided protection and assistance to millions of refugees, promoting their rights to
shelter, education, and safety.
UNICEF has been instrumental in promoting and protecting children’s rights, focusing on issues like
education, health, and child protection.
The World Food Programme (WFP) addresses issues related to poverty and food security, ensuring that
vulnerable populations have access to essential resources.
Challenges:
Despite the efforts of these agencies, challenges such as conflict, political instability, and lack of
funding often hinder the effectiveness of UN responses.
Some humanitarian aid efforts have been criticized for being insufficient or slow in response to
ongoing crises, especially in conflict zones like Syria or Yemen.
4. Advocacy for Social Justice and Equality
The UN has been active in promoting social justice, gender equality, and racial equality. Agencies like
UN Women and the UN Educational, Scientific and Cultural Organization (UNESCO) play key roles in
advocating for equal rights and non-discrimination.
Achievements:
UN Women works to eliminate gender inequality by advocating for laws and policies that promote the
rights of women and girls.
The Sustainable Development Goals (SDGs), adopted in 2015, focus on ending poverty, achieving
gender equality, and ensuring access to education and health, which are crucial for human rights.
Challenges:
Gender inequality and discrimination persist globally, with women and marginalized groups still facing
barriers in education, employment, and political participation.
Racial discrimination and xenophobia remain widespread, and despite UN efforts, such issues are often
deeply entrenched in cultural and societal norms.
5. Addressing New and Emerging Human Rights Challenges
The UN is increasingly focused on emerging human rights issues such as climate change, digital rights,
and LGBTQ+ rights.
Achievements:
The Paris Agreement on Climate Change (2015), which the UN facilitates, acknowledges the human
rights impacts of climate change, particularly on vulnerable populations.
The UN Free and Equal campaign advocates for the rights of LGBTQ+ individuals, aiming to reduce
discrimination and promote equality.
Challenges:
Climate change and environmental degradation continue to threaten the human rights of millions,
particularly in developing nations, and addressing these concerns effectively remains a major
challenge.
The protection of digital rights in the face of issues like surveillance, data privacy, and online hate
speech is an emerging area requiring increased attention.
Conclusion
The United Nations has made significant strides in protecting and promoting human rights through the
creation of legal frameworks, humanitarian aid, and advocacy for equality and justice. Human rights
treaties, the Human Rights Council, and global campaigns have contributed to progress in many areas.
However, challenges such as political resistance, enforcement limitations, ongoing humanitarian
crises, and emerging issues like climate change and digital rights continue to present obstacles.
While the UN has achieved substantial progress in some areas, the realization of universal human
rights for all remains a work in progress. For true success, continuous global cooperation, stronger
enforcement mechanisms, and a more focused response to new challenges are necessary.
Ques.12. What is meant by Human Rights; Discuss the origin and development of Human Rights.
Ans. Human rights are the basic rights and freedoms that belong to every person in the world, simply
because they are human. These rights help people to live with dignity, equality, and freedom. They
apply to everyone, no matter where they live, what they believe, or how they live their life.
Human rights include:
The right to live safely and freely
The right to education
The right to speak freely
The right to follow any religion
The right to work and earn a fair wage
The right to be treated equally, without discrimination
The right to a fair trial if accused of a crime
These rights are important because they protect people from injustice, violence, and abuse, and they
help build fair and peaceful societies.
Origin and Development of Human Rights
The idea of human rights is not new. It has grown and developed over thousands of years. Let's look
at how human rights came into existence and how they became an important part of our world today.
1. Ancient Times
In early human societies, people talked about ideas like justice, fairness, and duties. Some of the
earliest signs of human rights can be seen in ancient civilizations:
In India, ancient texts like the Vedas, Upanishads, and Manusmriti discussed the importance of duties,
justice, and respect for others.
In Greece, philosophers like Socrates, Plato, and Aristotle talked about ethics, good governance, and
justice.
In Rome, there were early ideas of law and rights for citizens, especially in Roman legal codes.
Though these were not called "human rights" as we understand them today, they laid the foundation
for the idea that people should be treated fairly and justly.
2. Medieval Period
In the Middle Ages, religion played a big role in people’s lives. Many religious teachings promoted
peace, compassion, and respect for others. One important development during this time was the
Magna Carta in England (1215).
The Magna Carta was a document that limited the king’s power and gave certain legal rights to people,
such as protection from unfair imprisonment.
Although it was only for a small group of people at the time (like nobles), it was a step toward the idea
that no one is above the law.
3. Modern Period and Revolutions
The idea of human rights became stronger during important historical events like the American
Revolution (1776) and the French Revolution (1789).
The American Declaration of Independence declared that “all men are created equal” and have rights
like life, liberty, and the pursuit of happiness.
The French Declaration of the Rights of Man and of the Citizen said that all citizens are equal and free,
and have rights such as freedom of speech and religion.
These revolutions helped spread the belief that all people should have rights and that governments
must protect them.
4. 20th Century and the United Nations
After the terrible events of World War II, including the Holocaust, the world realized the urgent need
to protect human rights. In 1945, the United Nations (UN) was formed to promote peace and
cooperation among countries.
In 1948, the UN adopted the Universal Declaration of Human Rights (UDHR).
The UDHR lists 30 basic rights and freedoms, such as the right to life, freedom of thought, education,
and equality before the law.
It was the first time that countries agreed on a common set of human rights for all people.
5. Recent Developments
After the UDHR, many international agreements and treaties were created to protect different types
of rights. Some important ones include:
International Covenant on Civil and Political Rights (ICCPR)
International Covenant on Economic, Social and Cultural Rights (ICESCR)
Convention on the Rights of the Child
Convention on the Elimination of Discrimination Against Women
These treaties are legally binding for countries that sign them, and they help ensure that people’s
rights are respected.
Many countries have also added human rights into their own constitutions and laws. Courts,
governments, and human rights organizations now work together to protect the rights of individuals
and groups.
Conclusion
Human rights are essential for every human being to live with freedom, dignity, and equality. From
ancient ideas of justice to modern global efforts, the concept of human rights has come a long way.
Today, human rights are a key part of international law and are supported by the United Nations and
many countries.
However, in many parts of the world, people still face violence, discrimination, and injustice. This
means the work of protecting human rights must continue. Public participation, government action,
and international cooperation are all important to make sure that the rights of every person are
respected and protected.
Ques. 13. Discuss the Historical contour of UDHR and its reflection in the various constitution of the
world.
Ans. Introduction
The Universal Declaration of Human Rights (UDHR) is a milestone document adopted by the United
Nations General Assembly on 10 December 1948. It was the first global agreement that set out the
fundamental human rights to be universally protected. The UDHR is not a legally binding document,
but it has had a powerful influence on international law, national constitutions, and human rights
movements across the world.
Historical Contour of the UDHR
1. Background and World War II
The UDHR was born out of the horrors and human rights abuses witnessed during World War II,
including the Holocaust, mass killings, and forced displacements.
After the war, there was a strong global desire to create a framework to prevent such atrocities in the
future.
When the United Nations was founded in 1945, one of its main goals was to promote peace, dignity,
and human rights.
2. Drafting the UDHR
The drafting of the UDHR began in 1946, led by the UN Commission on Human Rights.
Eleanor Roosevelt (USA) chaired the drafting committee, with contributions from global figures like:
René Cassin (France)
Charles Malik (Lebanon)
Peng Chun Chang (China)
Hansa Mehta (India)
The committee aimed to create a universal standard of rights that could apply to all people, regardless
of culture, religion, or nationality.
3. Adoption of the UDHR
On 10 December 1948, the UDHR was adopted by the UN General Assembly in Paris.
It was passed with 48 votes in favor, 0 against, and 8 abstentions (including the Soviet Union, Saudi
Arabia, and South Africa).
Structure of the UDHR
The UDHR contains 30 articles that cover a wide range of rights including:
Civil and Political Rights (e.g., right to life, freedom of speech, freedom from torture)
Economic, Social and Cultural Rights (e.g., right to work, education, health care)
Reflection of UDHR in Various Constitutions of the World
Although the UDHR is not a law, many countries have incorporated its principles into their national
constitutions and legal systems.
1. India
The Preamble and Fundamental Rights (Part III) of the Indian Constitution reflect UDHR values such as:
Right to Equality (Article 14)
Right to Freedom (Article 19)
Right against Exploitation (Article 23)
Right to Life and Personal Liberty (Article 21)
The Directive Principles of State Policy (Part IV) are also inspired by social and economic rights from
the UDHR.
2. United States
The US Constitution and Bill of Rights already included many civil liberties, but the UDHR reinforced
and expanded human rights discussions globally.
The US has used the UDHR as a moral guide in shaping foreign policy and promoting democratic
values.
3. South Africa
After the end of apartheid, the South African Constitution (1996) was drafted with strong human rights
protections, directly inspired by the UDHR.
It includes rights to equality, dignity, life, education, and freedom from discrimination.
4. Germany
Post-World War II, the Basic Law of Germany (1949) was shaped by UDHR principles, especially
regarding human dignity (Article 1), freedom, and equality.
The constitution places human rights at the core of its legal system.
5. Canada
The Canadian Charter of Rights and Freedoms (1982) closely reflects the civil and political rights in the
UDHR.
Canada has also adopted several international human rights treaties based on the UDHR.
6. Other Countries
Norway, Brazil, Japan, and Indonesia, among many others, have drawn from the UDHR in drafting their
constitutions or reforming legal systems.
Some have included entire sections based on economic and social rights like healthcare, education,
and employment.
Conclusion
The Universal Declaration of Human Rights has played a historic role in shaping modern human rights
thinking and legal systems across the globe. While it is not a binding treaty, its principles have become
the moral foundation for numerous national constitutions, international treaties, and legal reforms.
Today, the UDHR continues to inspire movements for freedom, equality, and justice, reminding the
world that human dignity must be protected for all, everywhere.
Ques.14. Discuss the Constitution, Powers and functions of NHRC and explain its effectiveness.
Ans. 1. Introduction
The National Human Rights Commission (NHRC) is a statutory body established under the Protection
of Human Rights Act, 1993. It is responsible for the protection and promotion of human rights in India.
Human rights, as defined by the Act, include the rights related to life, liberty, equality, and dignity of
the individual guaranteed by the Indian Constitution or international human rights instruments.
2. Constitution of NHRC
The NHRC was set up on 12 October 1993. It consists of:
Members:
Chairperson: A former Chief Justice of India.
1 Member: A current or former judge of the Supreme Court.
1 Member: A current or former Chief Justice of a High Court.
2 Members: Persons having knowledge or experience in human rights.
Ex-officio members: Chairpersons of four National Commissions:
National Commission for Scheduled Castes
National Commission for Scheduled Tribes
National Commission for Women
 National Commission for Minorities
Appointment:
Appointed by the President of India on the recommendation of a committee consisting of:
Prime Minister (Chairperson)
Speaker of the Lok Sabha
Home Minister
Leaders of Opposition in both Houses
Deputy Chairman of Rajya Sabha
3. Powers and Functions of NHRC
Under the Protection of Human Rights Act, the NHRC is empowered to:
a. Inquire into Complaints:
Investigate complaints of human rights violations or negligence by public servants.
Take suo motu action (on its own) in cases of serious human rights concerns.
b. Intervene in Court Proceedings:
With the court’s approval, the NHRC can intervene in any proceeding involving allegations of human
rights violations.
c. Visit Jails and Institutions:
Inspect conditions in prisons, detention centers, or mental hospitals to ensure the dignity and rights
of inmates.
d. Review Safeguards:
Review constitutional and legal safeguards for the protection of human rights and recommend
changes.
e. Promote Human Rights Awareness:
Undertake and promote research, education, workshops, and publications to increase human rights
awareness.
f. Encourage NGO Work:
Support and cooperate with NGOs and civil society groups working in the field of human rights.
4. Effectiveness of NHRC
The NHRC has played an important role in protecting human rights in India. However, its effectiveness
has both strengths and limitations.
Achievements:
Investigated and reported on important human rights cases like custodial deaths, fake encounters,
child labor, bonded labor, etc.
Played a role in improving prison conditions and raising awareness of police excesses.
 Made important recommendations on laws and policies concerning vulnerable groups like women,
tribals, LGBTQ+, and migrants.
Limitations:
Advisory Nature: NHRC can only make recommendations, not enforce its decisions.
Limited Jurisdiction: It cannot act against private individuals or organizations unless public servants
are involved.
Dependence on Government: It depends on the government for action on its recommendations.
Delays: Investigations and proceedings can sometimes be slow due to lack of manpower and
resources.
Lack of Binding Power: Government agencies often ignore or delay the implementation of NHRC's
advice.
Appointment Criticism: The process is criticized for being political, and often lacks transparency.
5. Conclusion
The National Human Rights Commission plays a vital role in monitoring, investigating, and promoting
human rights in India. Despite several challenges, it has helped bring attention to important issues and
press for justice. To enhance its effectiveness, the NHRC needs greater autonomy, binding powers,
more resources, and legal reforms to ensure that human rights are not just protected in law, but also
in practice.
Ques.15. Critically examine the rights and freedoms provided under the European convention on
human rights.
Ans. Introduction
The European Convention on Human Rights (ECHR) is an international treaty adopted in 1950 by the
Council of Europe to protect fundamental human rights and freedoms in Europe. It came into force in
1953 and is enforced by the European Court of Human Rights (ECtHR) in Strasbourg. The Convention
is one of the most effective and comprehensive human rights instruments in the world.
Key Rights and Freedoms Under the ECHR
The ECHR provides a wide range of civil and political rights, including:
1. Right to Life (Article 2)
2. Prohibition of Torture (Article 3)
3. Prohibition of Slavery and Forced Labour (Article 4)
4. Right to Liberty and Security (Article 5)
5. Right to a Fair Trial (Article 6)
6. No Punishment Without Law (Article 7)
7. Right to Respect for Private and Family Life (Article 8)
8. Freedom of Thought, Conscience and Religion (Article 9)
9. Freedom of Expression (Article 10)
10. Freedom of Assembly and Association (Article 11)
11. Right to Marry (Article 12)
12. Right to an Effective Remedy (Article 13)
13. Prohibition of Discrimination (Article 14)
Protocols added over the years have expanded the scope of the Convention (e.g., protection of
property, right to education, abolition of the death penalty, etc.).
Critical Examination
1. Strengths of the ECHR
a. Strong Legal Framework:
The ECHR is legally binding on all 46 member states of the Council of Europe.
Individuals can file petitions directly with the European Court of Human Rights, making it accessible
and effective.
b. Landmark Judgments:
The ECtHR has delivered influential rulings on privacy (e.g., digital surveillance), freedom of expression,
minority rights, and LGBTQ+ rights.
It has helped reform laws in member countries (e.g., banning corporal punishment in schools, ensuring
fair trials, improving prison conditions).
c. Evolving Interpretation:
The Court interprets the Convention as a “living instrument”, adapting it to modern issues like AI
surveillance, refugee rights, and data protection.
2. Limitations and Challenges
a. Enforcement Issues:
The ECtHR has no power to enforce its judgments. States may delay or ignore implementation.
Some countries (e.g., Russia, Turkey) have poor compliance records.
b. Political Resistance:
Some national governments see ECtHR rulings as interfering with sovereignty.
The UK, for example, has debated withdrawing from the ECHR due to tensions over rulings on
immigration and prisoners' rights.
c. Case Backlog:
The Court faces a huge number of cases, leading to delays in justice.
d. Limited Economic and Social Rights:
The ECHR mainly protects civil and political rights, while economic, social, and cultural rights (like
health, housing, and employment) are covered more fully in other instruments like the European Social
Charter.
e. Margin of Appreciation Doctrine:
The Court often allows states a “margin of appreciation” (leeway) in applying rights, which can weaken
protection in controversial areas like religious freedom, national security, or public morals.
Conclusion
The European Convention on Human Rights has played a historic role in strengthening human rights in
Europe by creating a binding legal framework and an effective court to enforce it. It has inspired other
human rights systems and led to legal and policy reforms across Europe.
However, it faces significant challenges, including state resistance, enforcement gaps, and rising
populism that threatens its authority. While the ECHR remains one of the strongest regional human
rights instruments, it needs strong political commitment, public support, and continuous reform to
remain effective in a rapidly changing world.
Ques.16. Write short note on the following:
(a) African Commission of Human Rights.
(b) Civil and Political Rights under the American Convention on Human Rights.
Ans. (a) African Commission on Human and Peoples' Rights (ACHPR)
1. Introduction
The African Commission on Human and Peoples' Rights (ACHPR) is a regional human rights body
established under the African Charter on Human and Peoples' Rights (also known as the Banjul
Charter) adopted in 1981 and entered into force in 1986. The Commission was created to promote and
protect human and peoples’ rights across the African continent.
It is headquartered in Banjul, The Gambia.
2. Composition of the Commission
The ACHPR consists of 11 members who serve in their personal capacity (not as state representatives).
Members are elected by the Assembly of Heads of State and Government of the African Union (AU).
Members serve for six years and may be re-elected.
The Commission has a Chairperson and Vice-Chairperson elected by its members.
3. Mandate and Functions
The ACHPR has three main mandates:
A. Promotional Mandate
Promote human and peoples’ rights through:
Awareness campaigns
Seminars and research
Guidance to governments and NGOs
Publish reports and interpret the African Charter through general comments.
B. Protective Mandate
Investigate human rights violations submitted by:
Individuals
NGOs
States (interstate complaints)
Can issue recommendations to states but not binding judgments.
Can conduct fact-finding missions and on-site visits to monitor conditions.
C. Interpretative Mandate
Interpret the provisions of the African Charter when requested by:
Member states
AU organs
Recognized NGOs
4. Key Features of the African Charter
Recognizes civil and political rights (like the right to life, freedom of expression).
Also emphasizes economic, social, and cultural rights.
Unique in that it includes peoples' rights (collective rights) such as:
Right to development
Right to peace
Right to a clean environment
Stresses duties of individuals to their communities and nations.
5. Achievements
Played a role in promoting human rights awareness in Africa.
Issued landmark recommendations on issues such as:
Freedom of expression
Rights of indigenous peoples
Women’s rights and gender equality
Supported the establishment of the African Court on Human and Peoples’ Rights (AfCHPR) to
strengthen enforcement.
6. Challenges
Lack of enforcement power: The Commission can only make recommendations; it cannot enforce
decisions.
Dependence on state cooperation: Investigations and implementation depend on the willingness of
states.
Resource constraints: Limited funding and staff affect its effectiveness.
Political pressure: Governments may try to influence or ignore its findings.
Limited public awareness among African citizens about the Commission’s role and procedures.
7. Conclusion
The African Commission on Human and Peoples' Rights is a vital institution for promoting and
protecting human rights in Africa. It reflects Africa’s unique approach to human rights, combining
individual and collective rights. Despite facing several limitations—especially in enforcement and
political will—it remains a key player in Africa’s human rights framework. Strengthening its powers,
increasing funding, and enhancing cooperation with the African Court could improve its effectiveness.
(b) Civil and Political Rights under the American Convention on Human Rights (ACHR)
1. Introduction
The American Convention on Human Rights (ACHR), also known as the Pact of San José, was adopted
in 1969 and came into force in 1978. It is a key human rights treaty in the Americas, established under
the Organization of American States (OAS). The Convention aims to protect and promote civil and
political rights for individuals across member states.
2. Enforcement Mechanism
The ACHR is supervised by two main bodies:
Inter-American Commission on Human Rights (IACHR)
Inter-American Court of Human Rights (IACtHR)
These institutions ensure that states comply with their obligations under the Convention.
3. Key Civil and Political Rights under the ACHR
The ACHR guarantees a wide range of civil and political rights, similar to those in the International
Covenant on Civil and Political Rights (ICCPR), including:
A. Right to Life (Article 4)
Every person has the right to have their life respected.
The death penalty is discouraged and limited under strict conditions.
B. Right to Humane Treatment (Article 5)
Prohibits torture and cruel, inhuman, or degrading treatment.
Everyone has the right to physical, mental, and moral integrity.
C. Right to Personal Liberty (Article 7)
Protects against arbitrary arrest or detention.
Guarantees the right to be informed of charges, judicial review, and release if unlawfully detained.
D. Right to a Fair Trial (Article 8)
Ensures due process and a fair hearing by an impartial tribunal.
Includes presumption of innocence, right to legal counsel, and right to appeal.
E. Freedom of Conscience and Religion (Article 12)
Protects the freedom to hold and practice religious beliefs.
Allows both private and public expression of religion.
F. Freedom of Thought and Expression (Article 13)
Guarantees the right to seek, receive, and impart information and ideas.
Restrictions are allowed only under specific legal conditions (e.g., national security, public order).
G. Right of Assembly and Association (Articles 15 & 16)
Ensures the right to peaceful assembly.
Guarantees freedom to form associations, including political parties, unions, and NGOs.
H. Right to Privacy (Article 11)
Protects individuals from arbitrary or abusive interference with their private life, family, home, or
correspondence.
I. Right to Equal Protection (Article 24)
All persons are equal before the law and are entitled to equal protection without discrimination.
J. Right to Participate in Government (Article 23)
Citizens have the right to vote, run for office, and participate in public affairs.
K. Prohibition of Ex Post Facto Laws (Article 9)
No one can be punished for an act that wasn’t a crime at the time it was committed.
L. Rights of the Child (Article 19)
Children are entitled to special protection and care.
4. Suspension and Derogation (Article 27)
In times of war or public emergency, states can temporarily suspend certain rights, but not core rights
like:
Right to life
Freedom from torture
Recognition as a person before the law
Freedom of conscience and religion
5. Conclusion
The American Convention on Human Rights provides a strong framework for civil and political rights
across the Americas. Its rights are enforced by respected regional bodies like the Inter-American Court,
giving individuals the ability to seek justice beyond national borders. While challenges remain in
enforcement and political will, the ACHR remains a key instrument for protecting democracy, freedom,
and human dignity in the region.
[Link] short note on the following:
a. Right of disable person
b. Role of NGOs in protecting human rights.
Ans.(a) Short Note on Rights of Disabled Persons
The rights of disabled persons are the legal and moral entitlements that ensure equality, dignity, and
inclusion for people with disabilities in all areas of life. These rights are recognized both nationally and
internationally.
Key Rights:
1. Right to Equality and Non-Discrimination
Disabled persons have the right to be treated equally and not face discrimination based on disability.
2. Right to Accessibility
Equal access to public spaces, transportation, information, and communication systems.
3. Right to Education
Inclusive education at all levels without discrimination.
4. Right to Employment
Equal job opportunities and reasonable accommodations in the workplace.
5. Right to Health
Access to the same range and quality of healthcare services as others.
6. Right to Participation
Full participation in social, political, and cultural life.
Legal Protection:
United Nations Convention on the Rights of Persons with Disabilities (UNCRPD): A key international
treaty adopted in 2006.
Rights of Persons with Disabilities Act, 2016 (India): Ensures equality and empowerment of persons
with disabilities.
Conclusion:
The rights of disabled persons aim to promote independent living, dignity, and social inclusion.
Ensuring these rights requires strong laws, public awareness, and active government support.
(b) Role of NGOs in Protecting Human Rights

Non-Governmental Organizations (NGOs) play a crucial role in the promotion and protection of human
rights across the world. They work at local, national, and international levels to defend the rights of
individuals and communities, especially the marginalized and vulnerable.
Key Roles of NGOs in Human Rights Protection
1. Awareness and Education
NGOs organize campaigns, workshops, and training programs to educate people about their rights.
They raise public awareness about human rights violations.
2. Monitoring and Reporting
NGOs monitor human rights conditions and document abuses.
They publish reports and send findings to national governments or international bodies like the UN.
3. Legal Aid and Advocacy
Many NGOs provide free legal assistance to victims of human rights violations.
They engage in advocacy to influence laws, policies, and government action.
4. Rescue and Relief Work
NGOs help victims of trafficking, domestic violence, child labor, and other abuses.
They provide shelter, food, medical aid, and rehabilitation support.
5. International Representation
NGOs participate in international forums, such as UN Human Rights Council, to highlight issues and
push for global action.
Examples of NGOs Working for Human Rights
Amnesty International – works globally to stop abuses like torture and wrongful imprisonment.
Human Rights Watch – investigates and reports on human rights violations worldwide.
People’s Union for Civil Liberties (PUCL) – an Indian NGO working to defend civil liberties and
democratic rights.
CRY (Child Rights and You) – works for the protection of children’s rights in India.
Conclusion
NGOs are key partners in the global fight for human rights. Through their dedication, they bring voice
to the voiceless, hold authorities accountable, and build a culture of justice and equality. Their
continued support is vital for making human rights a reality for all.
Ques.18. Discuss the Human Rights guaranteed and protected under the constitution of India.
Ans. Introduction
The Constitution of India guarantees several fundamental human rights to its citizens and even to non-
citizens. These rights aim to ensure equality, freedom, dignity, and justice for every individual. They
reflect India's commitment to the Universal Declaration of Human Rights (UDHR) and are enforceable
by courts.
1. Fundamental Rights (Part III of the Constitution)
These are the core human rights protected by the Indian Constitution:
A. Right to Equality (Articles 14–18)
Article 14: Equality before the law and equal protection of laws.
Article 15: No discrimination based on religion, race, caste, sex, or place of birth.
Article 16: Equality of opportunity in public employment.
Article 17: Abolition of untouchability.
Article 18: Abolition of titles (except for military or academic distinctions).
B. Right to Freedom (Articles 19–22)
Article 19: Freedom of speech, expression, assembly, association, movement, residence, and
profession.
Article 20: Protection in respect of conviction for offences (no ex-post facto law, double jeopardy, self-
incrimination).
Article 21: Protection of life and personal liberty – includes rights to privacy, health, shelter,
environment, and education.
Article 21A: Right to free and compulsory education for children (6–14 years).
Article 22: Protection against arbitrary arrest and detention.
C. Right Against Exploitation (Articles 23–24)
Article 23: Prohibition of human trafficking and forced labor.
Article 24: Prohibition of child labor in hazardous industries.
D. Right to Freedom of Religion (Articles 25–28)
Freedom of conscience and practice, profess and propagate religion.
Freedom to manage religious affairs and attend religious instruction in educational institutions.
E. Cultural and Educational Rights (Articles 29–30)
Right of minorities to conserve their culture, language, and script.
Right of minorities to establish and administer educational institutions.
F. Right to Constitutional Remedies (Article 32)
Right to approach the Supreme Court for enforcement of Fundamental Rights through writs like habeas
corpus, mandamus, prohibition, quo warranto, and certiorari.
2. Directive Principles of State Policy (Part IV)
Though not enforceable by courts, these principles guide the State in ensuring social and economic
rights, such as:
Right to work, education, and public assistance (Article 41)
Equal pay for equal work (Article 39)
Health and maternity care (Article 42)
Free legal aid (Article 39A)
3. Other Constitutional Provisions
Article 51A (Fundamental Duties): Promotes respect for human rights, harmony, and the dignity of
women.
Preamble: Declares India as a sovereign, socialist, secular, and democratic republic and assures justice,
liberty, equality, and fraternity.
Conclusion
The Indian Constitution provides a strong framework for the protection and promotion of human
rights. Through its Fundamental Rights, Directive Principles, and other provisions, it ensures the
dignity, freedom, and well-being of all individuals. The Supreme Court and High Courts also play an
active role in interpreting and expanding these rights to meet modern-day needs, making the
Constitution a living document that upholds human rights in India.
Ques.19. Explain the terms “fundamental duties” under the Indian constitution and diss its
enforcement and efficacy in the contemporary times.
Ans. Fundamental Duties – Meaning and Importance
Fundamental Duties are listed in Article 51A of the Indian Constitution. They are moral responsibilities
expected from every Indian citizen to help build a harmonious, responsible, and progressive society.
These duties were added by the 42nd Amendment Act, 1976, following the recommendations of the
Swaran Singh Committee.
There are 11 Fundamental Duties, including:
Respect the Constitution, national flag and anthem
Protect India’s sovereignty and unity
Defend the nation
Promote harmony
Protect the environment
Safeguard public property
Educate children (added by the 86th Amendment in 2002)
Enforcement and Legal Status
Fundamental Duties are non-justiciable, meaning they cannot be enforced by courts directly. However,
they can be used to support laws and judicial decisions. Parliament can make laws to enforce some of
these duties indirectly.
Important Case Laws Related to Fundamental Duties
1. Minerva Mills v. Union of India (1980)
The Supreme Court said Fundamental Rights and Duties must be balanced.
Duties cannot override rights, but they are important for national unity and development.
2. Mohan Kumar Singhania v. Union of India (1992)
The Court upheld compulsory training for civil service candidates as a valid enforcement of duty under
Article 51A(j) (strive for excellence).
3. AIIMS Students' Union v. AIIMS (2001)
The Supreme Court said education without discipline is incomplete.
Referred to Article 51A(h) – develop scientific temper, humanism, and spirit of inquiry.
4. MC Mehta v. Union of India (1988)
Related to environmental pollution.
Court linked it to duty to protect the environment under Article 51A(g).
Led to important directions to protect rivers and air quality.
5. Union of India v. Naveen Jindal (2004)
Concerned the right to fly the national flag.
The court said it is part of respecting the national symbol, which is a duty under Article 51A(a).
6. T.M.A. Pai Foundation v. State of Karnataka (2002)
Linked to educational institutions and excellence under Article 51A(j).
The court emphasized the duty of private institutions to promote quality education.
7. Aruna Roy v. Union of India (2002)
On teaching value education in schools.
The Supreme Court supported teaching moral and civic values, related to several duties like promoting
harmony and respect for culture.
Conclusion
Fundamental Duties are essential for nation-building. Though not directly enforceable in courts, they
guide citizens and governments in making laws and judgments. Courts often refer to them in important
decisions, and many laws today indirectly enforce these duties (like laws on environment, education,
and public property).
To make them more effective:
Citizens should be educated about their duties.
The government can pass laws that give legal backing to specific duties.
Schools and colleges should promote civic awareness.
Together with rights, these duties help create a responsible and active democracy.
Ques.20. Critically analyse the role of UNO in protecting and promoting human rights.
Ans. Introduction
The United Nations Organization (UNO), established in 1945, plays a central role in the promotion and
protection of human rights worldwide. One of its main purposes, as stated in the UN Charter, is to
promote respect for human rights and fundamental freedoms for all, without discrimination.
The most significant step in this direction was the adoption of the Universal Declaration of Human
Rights (UDHR) in 1948, which laid the foundation for the modern human rights movement.
Major Contributions of the UNO to Human Rights
1. Universal Declaration of Human Rights (1948)
A milestone document that outlines the civil, political, economic, social, and cultural rights of all
human beings.
Though not legally binding, it has inspired many international treaties, regional human rights
instruments, and national constitutions.
2. International Treaties and Covenants
The UNO has developed legally binding human rights instruments, including:
ICCPR (International Covenant on Civil and Political Rights)
ICESCR (International Covenant on Economic, Social and Cultural Rights)
CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)
CRC (Convention on the Rights of the Child)
 CRPD (Convention on the Rights of Persons with Disabilities)
3. UN Human Rights Council
Established in 2006, it reviews human rights records through the Universal Periodic Review (UPR)
process.
It addresses gross human rights violations and promotes dialogue among states.

4. Office of the High Commissioner for Human Rights (OHCHR)

Leads global human rights efforts and provides technical assistance to countries.
Supports victims and works with governments to improve human rights situations.
5. Human Rights Committees and Special Rapporteurs
Independent experts monitor compliance with UN treaties and conduct fact-finding missions.
They report on issues like torture, freedom of expression, and minority rights.
6. Peacekeeping and Humanitarian Missions
UN peacekeepers protect civilians in conflict zones.
The UN often monitors and investigates mass atrocities and war crimes, e.g., in Rwanda, Sudan, and
Syria.
Achievements of the UNO
Universal awareness of human rights has increased globally.
Support for oppressed groups such as women, children, indigenous people, and disabled persons.
Creation of international courts and tribunals (e.g., International Criminal Court) to try crimes against
humanity.
Emergency response and humanitarian aid in conflict zones.
Criticism and Challenges
Despite its positive role, the UNO faces several limitations:
1. Lack of Enforcement Power
The UN often relies on member states’ cooperation; it cannot enforce decisions or punish violators
effectively.
Resolutions are often non-binding.
2. Political Bias and Selectivity
Human rights issues are sometimes addressed selectively due to political interests of powerful
countries.
The veto power in the UN Security Council often blocks actions against serious violators.
3. Funding and Resource Limitations
Many human rights initiatives suffer due to lack of funds, trained staff, and infrastructure.
4. Ineffective Responses to Genocide and War Crimes
Delayed or inadequate responses to mass atrocities (e.g., Rwanda 1994, Bosnia, and recent Gaza
conflict) have raised doubts about the UN’s effectiveness.
5. Overdependence on Voluntary Cooperation
The UN lacks authority to compel nations to adopt or implement human rights norms.
Recent Example:
In Myanmar (Rohingya crisis), the UN reported human rights violations, but limited international
action was taken.
Ukraine conflict: The UN condemned aggression but has limited power to intervene directly.
Conclusion
The United Nations has been a pioneer in laying the global framework for human rights protection,
creating awareness, and setting legal standards. However, its ability to implement and enforce human
rights norms is restricted by political, legal, and structural constraints.
To improve, the UNO must:
Strengthen its enforcement mechanisms,
Ensure neutral and fair actions,
Reduce the influence of power politics, and
Increase support to local and grassroots organizations.
In conclusion, while the UN’s role is vital and visionary, its practical impact remains uneven, and reform
is needed to meet modern human rights challenges more effectively.
Ques. 21. How does ‘Amnesty International Function’? What procedure it has adopted to highlight
the breach of human rights committed in various countries? Clarify your answer giving examples.
Ans. 1. Introduction
Amnesty International is a non-governmental organization (NGO) founded in 1961 in London. It works
globally to protect human rights as outlined in the Universal Declaration of Human Rights (UDHR). Its
mission is to conduct research and take action to prevent and end human rights abuses.
2. Key Functions of Amnesty International
A. Research and Investigation
Amnesty gathers reliable information on human rights violations in different countries.
It uses first-hand accounts, field investigations, interviews with victims, and official documents.
B. Reporting and Documentation
It publishes detailed reports, press releases, and annual reports highlighting human rights abuses.
These reports often cover issues such as:
Torture
Arbitrary detention
 Death penalty
Freedom of expression
Political repression
C. Advocacy and Campaigns
Amnesty organizes global campaigns to put pressure on governments and institutions.
Campaigns involve:
Public protests
Online petitions
Letter-writing campaigns
Social media movements
D. Lobbying Governments and Institutions
Amnesty lobbies national governments, the United Nations, and other international bodies to push for
policy changes and legal reforms.
E. Mobilizing Public Support
It engages with the public to raise awareness and encourage grassroots activism.
Uses educational programs and human rights training to empower citizens.
3. Procedure to Highlight Human Rights Violations
Amnesty follows a systematic procedure:
1. Monitoring: It keeps track of situations worldwide through news, local partners, and activists.
2. Fact-Finding: Investigators collect data, often going to the field or working with reliable local
contacts.
3. Verification: Collected information is cross-checked to ensure accuracy.
4. Reporting: Findings are published in reports and shared with the public and international bodies.
5. Campaigning: Amnesty launches advocacy campaigns using the report’s findings.
6. Lobbying and Legal Action: Amnesty works with lawmakers and international institutions to push for
change or action.
4. Examples of Amnesty’s Work
A. Myanmar (Rohingya Crisis)
Amnesty published reports on the ethnic cleansing of Rohingya Muslims by Myanmar’s military.
It provided satellite images, survivor testimonies, and video evidence.
Pressured the UN and ICC to act against military leaders.
B. Iran (Protests and Executions)
Amnesty has repeatedly reported on crackdowns on peaceful protestors, unfair trials, and public
executions.
Its campaigns have led to international condemnation and calls for sanctions.
C. India
Amnesty highlighted issues like:
Suppression of dissent
Detention under anti-terror laws
Human rights violations in Kashmir
In 2020, Amnesty India had to halt operations due to a freeze on its bank accounts, which it claimed
was linked to its criticism of the government.
D. Ukraine Conflict
Reported war crimes and civilian attacks by Russian forces.
Documented violations of international humanitarian law.
5. Conclusion
Amnesty International functions as a watchdog and voice for the voiceless by documenting violations,
pressuring governments, and mobilizing global support. Though it does not have legal authority to
punish violators, its reputation, global network, and public pressure make it an important force in the
global human rights movement. Its work has influenced policies, freed prisoners of conscience, and
created international awareness about serious abuses.
Ques.22. Describe in brief, regarding the declaration passed on dated 7 th November, 1967 in the
General Assembly of the United Nations, pertaining to the elimination of discrimination against
women.
Ans. Introduction
On 7th November 1967, the United Nations General Assembly adopted a very important document
called the “Declaration on the Elimination of Discrimination Against Women”. This was a major step
taken by the UN to promote equality between men and women and to ensure that women around the
world enjoy the same rights and opportunities as men.
Purpose of the Declaration
The main goal of this declaration was to end all forms of discrimination against women and to
encourage countries to treat women and men equally in all areas of life—whether it is in education,
jobs, politics, family, or society.
Key Features of the Declaration
1. Definition of Discrimination Against Women
The declaration described discrimination as any difference in treatment that is made just because
someone is a woman, which results in her not getting the same rights and freedoms as a man.
2. Equality in Rights
It said that women must have the same rights as men, including:
Right to education at all levels
Right to work and receive equal pay
 Right to vote and take part in politics
Right to own property
Right to marriage and family life based on equal partnership
Right to nationality (citizenship)
3. End to Cultural and Social Discrimination
The declaration asked governments to change old customs, traditions, and social practices that treat
women as inferior or limit their freedoms.
4. Protection from Violence and Exploitation
It also stressed the need to protect women from exploitation, trafficking, and violence, and to create
safe and fair conditions for all women.
5. Responsibilities of Governments
Countries were encouraged to:
Change laws that are unfair to women
Make new laws to protect women's rights
Spread awareness in society about equality
Ensure women can enjoy their rights in practice, not just in theory
Importance of the Declaration
Though it was not legally binding, this declaration became a guiding principle for many countries to
improve the condition of women.
It laid the foundation for future international efforts, especially the CEDAW (Convention on the
Elimination of All Forms of Discrimination Against Women) adopted in 1979, which is a legally binding
treaty.
Conclusion
The 1967 Declaration was a turning point in the global fight for women’s rights. It recognized that
women across the world were being treated unfairly and called upon all countries to take action for
gender equality. While it did not have legal power, it helped to change attitudes, influenced national
laws, and encouraged further progress in promoting women’s dignity, freedom, and equal
participation in society.
Ques.23. “The best interest of the child and the first call for child are the cardinal principle of
international regime for the protection of the right of child.” Explain this statement.
Ans. 1. Introduction:
This statement highlights the core principles that guide international efforts to protect and promote
the rights of children. These principles are mainly laid down in the United Nations Convention on the
Rights of the Child (UNCRC), 1989, which is the most widely accepted human rights treaty in the world.
2. Meaning of the Principles:
A. "Best Interest of the Child"
This principle means that all decisions, policies, and actions affecting a child must first consider what
is best for the child.
It is found in Article 3 of the UNCRC, which states that the child’s best interest must be a primary
consideration in all actions taken by courts, welfare institutions, and government authorities.
This applies in matters such as:
Custody and guardianship
Education and healthcare
Protection from abuse or exploitation
B. "First Call for Children"
This means that children must be given top priority in the allocation of national resources and
international support.
Their needs, such as nutrition, health, education, and protection, should be the first priority in policy-
making and funding.
This principle stresses that the rights of the child must come before political or economic concerns.
3. Importance of These Principles in International Law
These two principles form the foundation of international child rights protection and appear in various
global actions:
UNCRC (1989): The main global treaty protecting child rights, based on these principles.
World Summit for Children (1990): Reinforced the idea that children should be first in all national
development efforts.
Millennium Development Goals (MDGs) and Sustainable Development Goals (SDGs) also focus on
child survival, education, and protection.
4. Application with Examples:
A. Best Interest Principle in Practice:
In child custody cases, courts decide who will take care of the child based on what is best for the child's
emotional and physical well-being, not just legal claims of parents.
In refugee or conflict zones, children are prioritized for rescue, shelter, and reunification with families.
B. First Call for Children Example:
UNICEF’s programs on health, immunization, and nutrition ensure that children in poor countries are
the first to receive aid.
In national budgets, countries like Norway and Sweden prioritize child welfare in social planning and
funding.
5. Conclusion:
The best interest of the child and the first call for children are not just moral values but are now legal
standards under international law. They remind states and societies that children are vulnerable,
dependent, and developing beings, and must be given priority protection and care. Upholding these
principles ensures that children grow in an environment of safety, dignity, equality, and opportunity.
Ques.24. “The social, cultural and economical aspect of the human rights is inherent in the Directive
Principles of State Policy of the Indian constitution.” Explain.
Ans. 1. Introduction
The Directive Principles of State Policy (DPSP), listed in Part IV (Articles 36 to 51) of the Indian
Constitution, are guidelines for the government to ensure social and economic justice. Though not
enforceable by courts, they are fundamental to the governance of the country and reflect the spirit of
human rights—especially the social, economic, and cultural rights.
2. Link between Human Rights and DPSPs
Human rights include not just civil and political rights (like freedom of speech or voting), but also social,
cultural, and economic rights—such as the right to health, education, work, and culture. These are
reflected clearly in the DPSPs, showing that India’s Constitution supports the broader idea of human
dignity and equality.
3. Social, Cultural, and Economic Aspects in DPSPs
A. Social Aspects:
Article 38: The State shall strive to promote the welfare of the people by securing a social order based
on justice—social, economic, and political.
Article 47: Duty of the State to improve public health, nutrition, and standard of living.
Article 39(e): Protecting workers from exploitation and ensuring children are not abused.
B. Economic Aspects:
Article 39(b): Equal distribution of wealth and resources for the common good.
Article 41: Right to work, education, and public assistance in cases of unemployment, old age, or
sickness.
Article 43: Living wage and decent standard of life for workers.
C. Cultural Aspects:
Article 49: Protection of monuments and heritage of cultural importance.
Article 51A(f) (Fundamental Duty): To value and preserve the rich heritage of our composite culture.
These support the right to participate in cultural life, as guaranteed under international human rights
law.
4. Human Rights Instruments and DPSPs
The Universal Declaration of Human Rights (UDHR) and International Covenant on Economic, Social
and Cultural Rights (ICESCR) include similar rights:
Right to education
Right to work and fair wages
Right to health
Right to cultural participation
The Indian DPSPs mirror these rights, making India’s Constitution one of the few to embed
international human rights goals into national policy.
5. Examples in India
Midday Meal Scheme and Right to Education (RTE) Act reflect Article 45 and Article 21A, showing
economic and social justice in action.
MGNREGA (employment guarantee) reflects Article 41 (right to work).
Cultural preservation programs in states reflect Articles 49 and 51A(f).
6. Conclusion
The Directive Principles of State Policy give life to the social, cultural, and economic dimensions of
human rights in India. While not legally enforceable, they serve as a moral and constitutional obligation
for the government to create a society where human dignity and equality are respected. Through
progressive laws and schemes, the DPSPs continue to shape India’s commitment to human rights and
inclusive development.
Ques.25. Explain the judicial attitude on the ‘custodial violence’. What are the national and
international standards to protect the human rights of a person in custody?
Ans.1. Introduction
Custodial violence refers to the torture, abuse, or death of individuals while in the custody of police,
prison authorities, or other law enforcement agencies. It is a serious violation of human rights and the
right to life and dignity guaranteed under the Indian Constitution and various international
instruments.
The judiciary in India has played a significant role in condemning custodial violence and upholding the
rights of persons in custody.
2. Judicial Attitude in India
Indian courts have strongly opposed custodial violence and have expanded the scope of Article 21
(Right to Life and Personal Liberty) to protect prisoners' rights.
Key Judicial Decisions:
1. DK Basu v. State of West Bengal (1997)
Landmark case where the Supreme Court laid down guidelines to prevent custodial torture and deaths,
such as:
Arrest memo to be prepared
Right to inform a family member
Medical examination of the arrested person
Duty of the police to ensure safety of detainees
The Court called custodial violence a crime against humanity.
2. Sheela Barse v. State of Maharashtra (1983)
Focused on the rights of women prisoners.
Court directed for separate and humane treatment of women and children in custody.
3. Joginder Kumar v. State of U.P. (1994)
Court ruled that arrest should not be used as a tool of harassment.
 Reasons for arrest must be recorded and justified.
4. Raghubir Singh v. State of Haryana (1980)
The court condemned torture by a police officer and said such acts destroy public trust.
5. Nilabati Behera v. State of Orissa (1993)
Supreme Court held that the State is liable to pay compensation for custodial death under public law
remedy.
3. National Standards for Protection of Persons in Custody
Article 21: Right to life and personal liberty includes protection from torture.
Article 22: Rights of arrested persons include the right to be informed and consult a legal practitioner.
Indian Evidence Act, Section 25: Confession made in police custody is not admissible unless made in
the presence of a magistrate.
Criminal Procedure Code (CrPC), Sections 41–60: Lay down procedures for arrest and safeguards.
Protection of Human Rights Act, 1993: Establishes the National Human Rights Commission (NHRC) to
deal with human rights violations including custodial violence.
4. International Standards
India is a party to several international human rights instruments:
A. Universal Declaration of Human Rights (UDHR), 1948
Article 5: No one shall be subjected to torture or cruel, inhuman or degrading treatment.
B. International Covenant on Civil and Political Rights (ICCPR), 1966
Article 7: Protection against torture.
Article 10: Persons deprived of liberty must be treated with dignity.
C. UN Convention Against Torture (CAT), 1984
India has signed but not yet ratified this Convention.
Requires states to criminalize and prevent torture in all circumstances.
D. Nelson Mandela Rules (UN Standard Minimum Rules for the Treatment of Prisoners, 2015)
Provide detailed guidelines on humane treatment, healthcare, and legal protection of prisoners.
5. Challenges and Way Forward
Despite strong legal and judicial safeguards, custodial violence still occurs due to:
Lack of police accountability
Delay in trials and inquiries
Fear among victims to speak up
Weak implementation of laws
Reforms needed:
Ratify the UN Convention Against Torture
Establish independent police complaint authorities
Install CCTV in lock-ups (as directed by the Supreme Court)
Train police in human rights and legal procedures
6. Conclusion
The judiciary in India has taken a proactive role in recognizing custodial violence as a gross violation of
human rights and has laid down clear guidelines for its prevention. While national and international
laws provide strong standards, effective enforcement, awareness, and institutional reforms are
essential to ensure the dignity and safety of every person in custody.