S T U D Y N O T E S
Human Rights
Major Sem – 6 | Paper Major-3 | 25 POLMJ613
Credits: 2 | Lectures/Week: 2 | Total Lectures: 30
Course Outcomes
CO1 Remember the fundamental concepts of Human Rights
CO2 Understand the International conventions and national mechanisms for protection
of human rights
CO3 Understand the Human Rights discourses in India
CO4 Analyze the problems faced by the marginalized sections of society
UNIT I · 15 Lectures
Introduction to Human Rights
1.1 Meaning and Features of Human Rights
DEFINITION
Human Rights are rights inherent to all human beings, regardless of race, sex, nationality,
ethnicity, language, religion, or any other status. They include the right to life, freedom from
slavery and torture, freedom of opinion and expression, the right to work, and many more.
Origin of the Concept
The idea of human rights has deep philosophical roots in natural law theory (John Locke, Rousseau).
Formal international recognition emerged after World War II with the founding of the United Nations
(1945) and the adoption of the UDHR (1948).
Key Features of Human Rights
• Universal: Apply to all human beings everywhere without distinction.
• Inalienable: Cannot be taken away or surrendered voluntarily.
• Indivisible: Civil, political, economic, social, and cultural rights are equally important.
• Interdependent & Interrelated: Violation of one right affects others (e.g., right to food affects
right to life).
• Non-discriminatory: Apply without any distinction of any kind.
• Inherent: Not granted by any authority; exist by virtue of being human.
• Enforceable: States have obligations to protect and promote these rights.
Generations of Human Rights
Generation Type Examples
1st Generation Civil & Political Rights Right to life, liberty, fair trial,
freedom of speech
2nd Generation Economic, Social & Cultural Right to work, education, health,
Rights housing
3rd Generation Collective / Solidarity Rights Right to development, clean
environment, peace, self-
determination
State Obligations
• Respect: Refrain from interfering with the enjoyment of rights.
• Protect: Prevent violations by third parties.
• Fulfill: Take positive action to ensure rights are realized.
1.2 Universal Declaration of Human Rights (UDHR) – Concept
KEY FACT
The UDHR was adopted by the UN General Assembly on 10 December 1948 in Paris. It is
the first global expression of rights to which all human beings are entitled. December 10 is
celebrated as Human Rights Day.
Historical Background
After the atrocities of World War II, the international community resolved to establish a framework to
prevent future abuses. The UN Charter (1945) made references to human rights, but the UDHR was
the first document to spell them out comprehensively. It was drafted by a committee chaired by
Eleanor Roosevelt.
Structure of the UDHR
• Preamble – states the philosophical basis and purposes of the Declaration.
• 30 Articles covering a wide spectrum of rights.
Major Rights Proclaimed (Article-wise)
Articles Rights Covered
1–2 Dignity, liberty, equality; non-discrimination
3–11 Right to life, liberty, security; prohibition of slavery,
torture; right to fair trial
12–17 Privacy, freedom of movement, asylum,
nationality, right to property
18–21 Freedom of thought, religion, opinion, expression,
assembly; right to participate in government
22–27 Economic, social, cultural rights – work, education,
standard of living, cultural life
28–30 Right to a social & international order; duties to
the community; no right to destroy others' rights
Nature and Significance of UDHR
• Not legally binding as a treaty, but has moral authority and has influenced national
constitutions worldwide.
• Formed the basis for two binding covenants: ICCPR and ICESCR (1966) — together called
the International Bill of Human Rights.
• The UDHR has been translated into over 500 languages — the most translated document in
history.
• Serves as a common standard of achievement for all peoples and nations.
India and UDHR: India was one of the founding members of the United Nations and
participated in drafting the UDHR. Hansa Mehta of India played a key role in changing 'All
men are born free and equal' to 'All human beings are born free and equal' (Article 1).
Criticisms of UDHR
• Western-centric in its approach — reflects liberal individualism.
• Lacks binding enforcement mechanisms.
• Tension between universalism and cultural relativism.
• Does not give enough emphasis to collective rights of communities.
1.3 National Human Rights Commission (NHRC) – Structure and Functions
ESTABLISHED
The NHRC was established on 12 October 1993 under the Protection of Human Rights Act,
1993 (amended in 2006 & 2019). It is a statutory, quasi-judicial body.
Constitutional / Legal Basis
India established the NHRC in compliance with the UN Paris Principles (1991) — international
standards for national human rights institutions (NHRIs). It is an 'A-Status' NHRI, indicating full
compliance with the Paris Principles.
Composition (Structure)
• Chairperson: Retired Chief Justice of India.
• Members: Retired judges of the Supreme Court; retired Chief Justices of High Courts;
persons with experience in human rights (up to 2 such members).
• Chairpersons/Members of National Commissions (Minorities, SCs, STs, Women, etc.) act as
deemed members.
• Appointed by the President of India on recommendations of a 6-member committee.
• Tenure: 3 years or till age 70 — whichever is earlier. Not eligible for re-appointment.
Functions of NHRC
• Inquire into complaints of violations of human rights or negligence by a public servant.
• Intervene in court proceedings involving human rights violations.
• Visit jails and detention centres to study living conditions.
• Review laws and make recommendations to the government.
• Spread human rights literacy through research and publication.
• Encourage NGOs working in the field of human rights.
Jurisdiction and Powers
• Can inquire into complaints against Central and State Governments.
• Cannot investigate complaints against the armed forces.
• Complaint must be filed within one year of the alleged violation.
• Has the powers of a civil court — can summon, receive evidence, requisition public records.
• Can recommend payment of compensation to the victim.
Limitations of NHRC
• Only a recommendatory body — cannot enforce its recommendations.
• Cannot investigate armed forces complaints directly.
• One-year limitation clause may exclude many genuine cases.
• Dependent on the government for budget — may affect independence.
State Human Rights Commissions (SHRCs): Each state can establish its own commission
under the same Act. They handle complaints against state-level human rights violations and
are chaired by retired Chief Justices of High Courts.
UNIT II · 15 Lectures
Human Rights Issues in India
2.1 Unorganized Labor
DEFINITION
Unorganized (informal) labor refers to workers who are not covered by formal employment
contracts, social security provisions, or regulated working conditions. They lack collective
bargaining power and statutory protections.
Scale of the Problem in India
• Over 90% of India's workforce is in the informal/unorganized sector.
• Includes agricultural laborers, domestic workers, street vendors, construction workers, bidi
rollers, rickshaw pullers, waste pickers, home-based workers, etc.
• Women and Dalits are disproportionately represented in the most exploitative forms of
unorganized work.
Human Rights Violations Faced
• Bonded Labor: Despite abolition under the Bonded Labour System (Abolition) Act, 1976, it
persists in agriculture, brick kilns, and domestic work. Violates Article 23 of the Indian
Constitution and Article 4 of UDHR.
• Child Labor: Children denied education and subjected to hazardous work. Violates the Right
to Education and UNCRC.
• Wage Theft & Non-payment: Workers often denied minimum wages guaranteed under the
Minimum Wages Act, 1948.
• Lack of Social Security: No access to provident fund, health insurance, or paid leave.
• Unsafe Working Conditions: Exposure to hazardous chemicals, dust, and physical dangers
without protective equipment.
• No Job Security: Arbitrary dismissal without notice or compensation.
• Trafficking & Forced Migration: Migrant workers especially vulnerable to exploitation and
trafficking.
Legal Framework
Law / Provision Protection Offered
Unorganised Workers' Social Security Act, 2008 Social security schemes for unorganized workers
Minimum Wages Act, 1948 Ensures minimum wage in scheduled
employments
Bonded Labour System (Abolition) Act, 1976 Abolishes bonded labor
Inter-State Migrant Workmen Act, 1979 Protects migrant workers
MGNREGA, 2005 Guarantees 100 days of wage employment in
rural areas
Code on Wages, 2019 Consolidates wage laws — universal minimum
wage
Challenges in Enforcement
• Lack of awareness among workers about their rights.
• Weak implementation by labor inspectors.
• Dependence on contractors and middlemen.
• Caste, gender, and migration status compound vulnerability.
2.2 Gender Issues
CORE IDEA
Gender rights are a subset of human rights. Gender inequality remains a pervasive human
rights challenge in India, manifesting in discrimination, violence, and denial of economic and
political participation.
A. Violence Against Women
• Domestic Violence: Protected under the Protection of Women from Domestic Violence Act,
2005. Includes physical, sexual, emotional, and economic abuse.
• Sexual Harassment: The POSH Act, 2013 was enacted after the landmark Vishaka v. State
of Rajasthan (1997) Supreme Court judgment.
• Rape and Sexual Assault: Criminal Law (Amendment) Act, 2013 strengthened penalties
after the 2012 Delhi gang rape case (Nirbhaya case).
• Acid Attacks, Dowry Deaths, Honor Killings: Violations of right to life and dignity.
B. Patriarchy and Structural Discrimination
• Unequal inheritance rights (though Hindu Succession Amendment Act, 2005 gave daughters
equal coparcenary rights).
• Gender pay gap — women earn significantly less than men for similar work.
• Low representation in Parliament, judiciary, and corporate leadership.
• Son preference leading to female foeticide/infanticide despite the PCPNDT Act, 1994.
C. LGBTQ+ Rights
• Section 377 of IPC was struck down by the Supreme Court in Navtej Singh Johar v. Union of
India (2018).
• Transgender Persons (Protection of Rights) Act, 2019 provides legal recognition but faces
criticism from the community.
• Marriage equality and adoption rights remain unresolved legal questions.
D. Women and Work
• Female labor force participation rate remains low (~25–30%).
• Maternity Benefit (Amendment) Act, 2017 extended maternity leave to 26 weeks.
• Women disproportionately engaged in unpaid care work.
Constitutional and Legal Safeguards
Provision Content
Article 14 Right to equality before law
Article 15(3) Permits special provisions for women and children
Article 21 Right to life includes right to dignity and personal
liberty
Article 39(a)(d) Equal right to livelihood; equal pay for equal work
(DPSP)
International Framework – CEDAW: Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW, 1979), often called the 'Women's Bill of Rights',
obligates state parties to eliminate discrimination against women. India ratified CEDAW in
1993.
2.3 Environmental Protection and Displacement
KEY IDEA
The right to a clean and healthy environment is increasingly recognized as a fundamental
human right. Environmental degradation and development-induced displacement are major
human rights concerns in India.
Environment as a Human Rights Issue
• The UN Human Rights Council recognized the right to a clean, healthy, and sustainable
environment as a human right in 2021.
• Environmental harm — pollution, deforestation, climate change — threatens the rights to life,
health, water, food, and housing.
• India's Supreme Court in Subhash Kumar v. State of Bihar (1991) held that the right to life
(Article 21) includes the right to enjoy pollution-free water and air.
• Vellore Citizens Welfare Forum v. Union of India (1996) introduced the Precautionary
Principle and Polluter Pays Principle into Indian environmental law.
Development-Induced Displacement
Millions of people in India have been displaced by large development projects — dams, mines,
industrial corridors, and urban development. This is known as development-induced displacement
(DID). An estimated 50–60 million people have been displaced by development projects since
independence.
• Tribal communities (Adivasis), Dalits, and the rural poor bear the disproportionate burden of
displacement.
• Key example: Narmada Bachao Andolan — struggle against displacement caused by the
Sardar Sarovar Dam project.
Human Rights Violations Due to Displacement
• Loss of livelihood and traditional land rights.
• Inadequate or no rehabilitation and resettlement.
• Loss of cultural identity and community ties.
• Violation of right to food, shelter, and work.
• Denial of Free, Prior and Informed Consent (FPIC) — especially for tribal communities.
Legal Safeguards
Law Relevance
LARR Act, 2013 (Right to Fair Compensation...) Mandates consent, fair compensation, and R&R
for displaced persons
Forest Rights Act, 2006 Recognizes forest dwellers' rights over forest land
and resources
PESA Act, 1996 Extends self-governance to tribal (Scheduled)
areas
Environment Protection Act, 1986 Overarching environmental protection framework
Wildlife Protection Act, 1972 Conservation; but has also led to displacement of
tribals from forests
Environmental Justice: Environmental justice demands that all communities — regardless
of race, caste, class, or income — receive equal protection from environmental harm and
have equal access to natural resources. It links environmental and human rights struggles in
India.
R E F E R E N C E S
Ahuja V K (ed) — Human Rights: Contemporary Issues, Eastern Book Company, 2019.
Baranwal Sanjay Kumar, Singh Nalnish Chandr — Human Rights in India: Contemporary Issues And
Challenges, ABS Books, 2016.
Agarwal H. O. — International law and human rights, Central Law Books, 2020.
Verma, D.P. — Review and Revision of the United Nations Charter 1946-1975, Satyam Law
International, 2020.
Dharmadhikri, D.M. & Sharma, Siddharthh — Restructuring Indian Judiciary, Thomson Reuters
South Asia Pvt. Ltd., 2021.