1
HUMAN RIGHTS
LAQ’S
1. Define human rights? Domestic jurisdiction?
2. The adoption of African charter of human rights?
3. Powers and functions of human rights commission of India?
4. Salient features of protection of human rights act 1993?
5. Human rights evolution?
6. Human rights conventions?
7. Write the role of UDHR in protection of human rights?
8. Write about NHRC and its role in protection of human rights in India?
9. Discuss the salient features of civil, political, economic, social and
cultural rights.?
SAQ’S
1. Torture?
2. Genocide?
3. State human rights commission?
4. Convention on refugee?
On child rights?
Against slavery?
5. American and European convention on human rights?
6. Status of women in India?
1
Page
2
ANSWERS:
1. Define human rights? Discuss about domestic human rights?
Ans. In order to live with dignity certain basic rights and freedoms are
necessary, which all Human beings are entitled to, these basic rights are
called Human Rights
Human rights are rights inherent to all human beings, regardless of
race, sex, nationality, ethnicity, language, religion, or any other status.
Human rights include the right to life and liberty, freedom from slavery
and torture, freedom of opinion and expression, the right to work and
education, and many more. Everyone is entitled to these rights, without
discrimination
The foundation of modern human rights is the Universal Declaration of
Human Rights (UDHR). The 30 articles of the Declaration were adopted
in 1948 by the United Nations General Assembly, and over time these
have been integrated into national laws and international treaties. The
core values of the UDHR - human dignity, fairness, equality, non-
discrimination - apply to everyone, everywhere.
Human rights include civil and political rights, such as:
1. The right to freedom of expression
2. The right to freedom of religion or conscience
3. The right to property
4. The right to freedom of assembly
5. The right to privacy
6. The right to vote.
Human rights also cover economic and social rights, such as:
[Link] right to an adequate standard of living
2. The right to adequate food, housing, water and sanitation
3. The rights you have at work
4. The right to education
DOMESTIC JURISDICTION
2
Page
3
Jurisdiction means area (or) region where case can be file when there is
violation of human rights, in every state there is constitution of human
right commission called as SHRC, it is having jurisdiction to entertain
cases of violation of human right in particular state & it is called as
domestic jurisdiction; it is responsibility of every state people in that
state.
Ex: - If torture against minorities (or) tribunal people have been done in
Telangana state, petition can be file before human right commission of
Telangana & not of other state, therefore domestic jurisdiction is necessary
to entertain & dispose human right dispute
2. The adoption of African charter of human rights?
Ans. African charter was declared in 1981, in these charter some
fundamental human rights have been specified & in addition to these duties
to be obliged by the people have been included.
PROVISION OF AFRICAN CHARTER: -
1. All human beings shall have equality before law & equal protection of
law.
2. It is human right to maintain dignity to every person & also respect
dignity of others.
3. Every human being to be given security of life & financial security when
there is no source of income.
4. It is human right to be heard when there is complaint such hearing to be
done by court, public servant & government.
5. Human being to be given freedom of conscience & faith.
6. Human being to be given rights to receive information, every
information to be provided unless it is secret information.
7. Human being to be given right to from assembly as well as union for
lawful purpose.
PROVISION OF DUTIES UNDER HUMAN RIGHT: -
1. Every citizen has duty to promote human rights in the country.
2. There is duty to study human right & promote research in the field of
human rights.
3
Page
4
3. If human right of poor person is violated then there is duty of citizen to
file PIL to protect human rights.
4. Every citizen has to protect his family & provide basic requirement to
family member.
5. There is duty to bring incidents of violation of human right to notice of
authorities.
6. There is duty to prevent discrimination & maintain equality.
7. There is duty to maintain healthy environment & minimize pollution.
8. Duty to maintain dignity & respect of women.
9. Duty to maintain unity & integrity of the country.
Therefore, in African charter rights as well as duties have been included &
therefore, this charter becomes significant relating to human rights.
3. Powers and functions of human rights commission of India?
Ans. In order to enforce provisions of human rights commission have been
constituted there are two commissions having power to entertain
complaints of violations of human rights & provide appropriate remedies.
National Human Right Commission (NHRC)
State Human Right Commission (SHRC)
1. National Human Right Commission (NHRC):- President appoints
members of NHRC in consultation with Prime Minister, Chief Justice of
supreme court, leader of opposition in parliament & speaker of parliament
these members are appointed for 5years term & they are as follows.
a. Retired chief justice of Supreme Court is chairperson.
b. One retired judge of Supreme Court is member of NHRC.
c. Retired judge of any High Court is also member.
d. Two persons who are experts having knowledge related to human rights.
There is independent office of NHRC having other staff such as secretary,
chief executive officer, administration officer; it is superior authority
having supervision & control on all SHRC. NHRC carry on function
4
Page
5
throughout the country when decision is given by SHRC then appeal is
allowed to NHRC & after that to Supreme Court.
2. State Human Right Commission(SHRC):- In every state there is SHRC
headquarters is in capital city, all members of SHRC are appointed by
Governor in consultation with chief justice of high court, chief minister,
leader of opposition in assembly & speaker of assembly, following are the
members in SHRC appointed for 5years term.
a. Retired chief justice of High Court is chairperson.
b. Retired judge of High Court is member.
c. Retired Dist. Judge is also member.
d. There are two subject experts having knowledge in human rights.
There is separate office of SHRC having other staff such as executive
officer, chief administration officer & other staffs.
Functions of Human Right Commission: - NHRC carry functions
throughout country & SHRC in particular state it is having powers like a
civil court these functions includes following points.
1. When injustice has been caused then an individual (or) group of people
can file complaint (or) petition before human rights commission having
jurisdiction.
2. When any violence has been caused within jurisdiction then suo motu
human commission have right to visit the place & conduct the inquiry even
though there is no complaint.
3. When there is administration problem then effected persons can
represent the matter before human right commission such as no refund of
service benefit no deduction of PF.
4. When any injustice has been caused against minorities, SC, ST then
human right can interfere when there is complaint (or) information.
5. When there is violation of fundamental rights then also human rights
commission can provide remedy.
6. When there is violence which resulting damages to property, injury (or)
death the human right commission can order relevant police station to
make investigation & submit report.
5
Page
7. It can issue summons & direct parties to appear & give explanation.
6
8. There is right to commission to call relevant record from any public
office within jurisdiction.
9. It can impose reasonable penalty (or) fine (or) compensation; in case of
crime it can order police to book the case & file in the court.
10. NHRC can make rules & regulation to be followed by SHRC
4. Salient features of protection of human rights act 1993?
Ans. The Human Rights Act was formed to protect the Human Rights of
the people of India and to give them a suitable platform in case of any
violation of the same
The Act establishes the Human Rights Courts and Human Rights
Commissions on both, national and states level
The Protection of Human Rights Act, 1993 in section 3 lays down the
constitution of the National Human Rights Commission. Chapter II
deals with the different constituents and workings of the National
Commission
Chapter III lays down the functions and powers of the said commission.
Section 12 of the act details the function of the National Commission
Among the 10 functions of the commission, to inquire, suo motu or on
petition, the complaint of violation of human rights or its abetment or
negligence in the prevention of such violation, by a public servant; study
of treaties and recommendations based on them and seeing to the spread
of Human Rights literacy among the masses through various means
comes under it.
Another function is to intervene in proceedings involving any allegation
of violation of human rights pending in a court, after taking the
approval of the said court. Reviewing the living conditions of the
inmates in states’ jail is another function of the national commission.
The act, in Chapter III, also defines the formation and constitution of
states’ human rights commission. Section 30 of the Protection of Human
Rights Act details the establishment of Human Rights courts for
providing speedy trials of offenses arising out of violation of human
rights.
5. Human rights evolution?
6
Page
7
Ans. The term human rights is developing rapidly in modern period main
object of human right is all human being in every country should get
opportunity to lead life with respect & dignity, this concept developed in
USA, UK, Australia, Japan, & it has been adopted even in India
EVOLUTION OF HUMAN RIGHTS: -
1. In ancient period there was dictatorship in many countries. In India also
there was dictatorship of Britishers. Many countries got independence &
the concept of human rights developed because of independence.
2. There was slavery system in many countries in South Africa human
being was sold & purchase by auction as awareness came among people
there was abolition of slavery system, after abolition of slavery human
rights concept developed among the people.
3. There was administration of kings in many countries, they used to do
dictatorship & misuse powers & causes injustice to people because of
injustice people made revolution in many countries such as revolution in
India, revolution in Russia in 1917 & because of this revolution there was
evolution of Human Rights.
4. There became development of unions in industries, factories, employees
& unions brought pressures & human rights developed.
5. Many countries including India drafted their own constitutions in
constitution some rights have been given as fundamental rights & it is also
part of human rights.
6. There is rapid development in education of the people in all the countries
including India, because of education knowledge of human rights
developed in mind of the people & it has been promoted in all the
countries.
7. There was conventions of representations of all the countries was held on
December 10 1948 in USA, in these convention there was lot of discussion
among representatives of countries, there was concept approved; “All
human being are born free” & they are equal in dignity & rights in these
constitution many resolutions have been passed called as Universal
Declaration of Human Rights. These resolutions are binding on all the
members’ countries, therefore universal declaration of human rights made
significant contribution to promote human rights.
7
These is details about definition of human rights & evolution of human
Page
rights.
8
6. Human rights conventions?
Ans. International Human Rights Conventions
Human rights protect human beings and their dignity in war and in
peacetime. These rights are protected under international law and it is
the duty of states to ensure they are respected, protected and fulfilled.
To this end, the United Nations has developed a body of binding
conventions, all stemming from the 1948 Universal Declaration of
Human Rights.
There are basically three distinct types of human rights:
1. civil and political rights, e.g. the right to life, peaceful assembly and
religious freedom
2. economic, social and cultural rights, e.g. the right to work, to education,
and to social security
3. rights of the third generation, e.g. the right to development and to a clean
and healthy environment
UNITED NATIONS CONVENTIONS:
Principal United Nations conventions on human rights:
UN COVENANT I: The International Covenant on Economic, Social and
Cultural Rights (ICESCR) covers human rights in the economic, social and
cultural spheres.
UN COVENANT II: The International Covenant on Civil and Political
Rights (ICCPR) contains important guarantees for the protection of civil
and political rights.
RACIAL DISCRIMINATION: The International Convention on the
Elimination of All Forms of Racial Discrimination (ICERD) is explicitly
directed at discrimination based on race, colour, descent, as well as
national and ethnic origin
DISCRIMINATION AGAINST WOMEN: The Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW) sets
out in concrete terms the prohibition of discrimination of women in all
stages of life
8
Page
9
TORTURE: The Convention against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment (CAT) obliges the states parties to
prevent and punish acts of torture.
RIGHTS OF THE CHILD: The Convention on the Rights of the Child
(CRC) provides a comprehensive guarantee of the human rights of children
and young people under 18 years of age.
PEOPLE WITH DISABILITIES: The Convention on the Rights of Persons
with Disabilities (CRPD) ensures that people with disabilities enjoy all
human rights and participate in public, economic and social life.
MIGRANT WORKERS: The aim of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their
Families (ICRMW) is to protect migrant workers and their families
Unlike the Universal Declaration of Human Rights, the above conventions
are binding on states parties. Switzerland has ratified all except the last.
7. Write the role of UDHR in protection of human rights?
Ans. The Universal Declaration of Human Rights (UDHR) is an
international document adopted by the United Nations General Assembly
(UNGA). It establishes the rights and freedoms of all members of the
human race.
The UDHR consists of 30 articles detailing an individual’s “basic rights and
fundamental freedoms”. It is universally applicable for all human beings of
varying race, religions and nationality.
Provisions of Universal Declaration of Human Rights: -
1. There is equality among all the people because nature have maintained
equality.
2. There should not be discrimination on grounds of caste, religion, sex,
place of birth, among the people.
3. All people to be given right of life & personal liberty.
4. There should be abolition of slavery in every country.
5. There should be prohibition of torture & inhuman treatment against any
person.
9
Page
10
6. There should be equality before law & same procedure to be followed
against all in court.
7. When fundamental rights are given then effective remedies have to be
provided under the law.
8. No arrest & detention to be done without giving reason.
9. Every person to be given opportunity to prove innocence & there should
not be direct punishment without trail.
10. People to be given right of privacy.
11. People to be right of movement in the country & to foreign countries
according to procedure.
12. Every state to give Asylum on humanitarian grounds.
13. Right to be given to marry in any caste, religion & country.
14. Every person should have nationality & statelessness to be prohibited.
15. Freedom to be given to all people to follow religion of choice.
16. Freedom to be given for expression & opinion.
17. Peaceful assembly to be allowed.
18. Right of education to be treated as fundamental rights.
19. Standard of living of people to be increased in all the countries.
This is details about provisions of universal declaration of human rights
1948.
8. Write about NHRC and its role in protection of human rights in India?
Ans. The Protection of Human Rights Act was enacted in the year 1993. It
provides for the constitution of a National Human Rights Commission,
State Human Rights Commission in States and Human Rights Courts for
better protection of human rights.
Section 2(d) of this Act defined human rights by stating that human
rights mean the rights relating to life, liberty, equality and dignity of the
individuals guaranteed by the Constitution or embodied in the
International Covenants and enforceable by courts in India.
10
THE NATIONAL HUMAN RIGHTS COMMISSION (NHRC):
Page
11
Established in 1993, is an independent statutory body as per the
provisions of the Protection of Human Rights Act of 1993 which was
amended in 2006.
Human Rights are an indispensable part of society and Human Rights
in India are watched by NHRC.
NHRC acts as a watchdog of human rights in the country.
NHRC looks over the rights that are related to life, dignity, liberty and
equality of the individual that is defined in Section 2(1) of the PHR Act.
They are guaranteed by the Constitution of India, embodied in the
international covenants and are enforceable by the courts of India as
well.
NHRC was established in compliance with the Paris Principles of
Human Rights, 1991 which were adopted for the promotion and
protection of Human Rights and were endorsed by the United Nations at
its General Assembly of 1993
NHRC Composition – Members of NHRC
The National Human Rights Commission (NHRC) is composed of a
Chairperson and eight other members.
Those eight members are:
Four full-time members.
Four deemed members
Functions & Powers of NHRC:
1. NHRC can investigate any complaints related to violations of Human
Rights in India either suo-moto or after receiving a petition.
2. NHRC can interfere in any judicial process that involves any allegation
of violation of Human Rights.
3. It can visit any prison/institute under the control of the state
governments to observe the living conditions of inmates. It can further
make recommendations based on its observations to the authorities.
4. Research in the field of Human Rights is also promoted by the NHRC.
5. Human Rights awareness and literacy through different media are
promoted by NHRC in various sectors of society.
6. NHRC has the power to recommend suitable steps that can prevent
11
violation of Human Rights in India to both Central as well as State
Page
Governments.
12
7. The President of India gets an annual report from NHRC which is laid
before both the Houses of the Parliament.
9. Discuss the salient features of civil, political, economic, social and
cultural rights.?
Ans. The Human Rights may be grouped under five categories viz. Civil,
Political, Economic, Social and Cultural.
(A) CIVIL RIGHTS:
The Civil Rights as enumerated in the Human Rights are:
(i) All human beings are born free and equal in dignity and rights. All are
equal before the law.
(ii) Everyone has the right to life, liberty and security to persons.
(iii) None is to be held in slavery or servitude. Hence Slave Trade in all its
forms is to be prohibited.
(iv) No one is to be subjected to arbitrary arrest, detention or exile.
(v) Everyone has the right to freedom of thought, conscience and religion.
(B) POLITICAL RIGHTS:
The following are the political rights:
(i) Every one possesses the right to take part in the Government of his
country, directly or indirectly through freely chosen representatives.
(ii) Everyone has access to public services in the country
(iii) Everyone is entitled to right to a nationality. No one shall be arbitrarily
deprived of it.
(C) ECONOMIC RIGHTS:
The following economic rights have been included in the Charter on the
Human Rights:
(i) Everyone possesses the right to own property.
(ii) Everyone has the right to social security. Social security system impels a
government to pay monthly allowance to the needy, the distressed, the
12
disabled and the old who are devoid of any income or earn a very meagre
Page
income not enough for subsistence.
13
(iii) Everyone is to get equal pay for equal work. Discrimination on the
basis of sex is not desirable. In India, women labour and child labour are
invariably engaged on comparatively less remuneration in the fields or
factories which is a violation of human rights and law does not permit it.
(D) SOCIAL RIGHTS:
The Social Rights enumerated in the Declaration are as follows:
(i) Men and Women of adult age have the right to marry and set up a
family. Marriage is to be arranged with the full consent of the would be
spouses.
(ii) The family is the natural and fundamental units of society. It is entitled
to full protection both by the state and the society.
(iii) Everyone has the right to Education. Education is to be made free at
the elementary stage. In case of India, Primary Education up to the age of
14 has been made free and compulsory now, after the passage of Right to
Education through an amendment in the Constitution
(E) CULTURAL RIGHTS:
(i) Everybody possesses the right to participation in the cultural life of the
community. This enables everyone to enjoy the various arts and take part
in the scientific advancement and its benefits.
SAQ’S ANSWERS:
1. Torture?
Ans. Torture occurs when someone deliberately causes very serious and
cruel suffering (physical or mental) to another person. This might be to
punish someone, or to intimidate or obtain information from them
Article 3 of human rights act: Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment
or punishment.
Inhuman treatment or punishment is treatment which causes intense
physical or mental suffering. It includes:
13
1. serious physical assault
Page
14
2. psychological interrogation
3. serious physical or psychological abuse in a health or care setting, and
threatening to torture someone, if the threat is real and immediate.
EXAMPLE:
A young man with mental health problems was placed in residential care.
During a visit, his parents noticed bruising on his body. They raised the
issue with the care managers but their concerns were dismissed. They were
also banned from visiting their son. The parents raised their son’s right not
to be treated in an inhuman and degrading way and their right to respect
for family life. The ban on visits was revoked and the bruising on the young
man’s body was investigated.
Example case - Chahal v United Kingdom [1996]:
An Indian Sikh living in the UK claimed he would be tortured if deported
to India because he was a high-profile supporter of Sikh separatism. The
UK still sought to deport him on suspicion of being a terrorist. In a very
important case, the European Court of Human Rights held that Article 3
prohibited his removal as he faced a real risk of torture or inhuman or
degrading treatment. The Court stressed that his suspected involvement in
terrorism was irrelevant – the protection afforded by Article 3 is absolute
and extends to every human being, regardless of their conduct.
2. Genocide?
Ans. "Genocide is both the gravest of crimes under international law and
the ultimate violation of human rights. The Genocide Convention was the
first human rights treaty adopted by the General Assembly of the United
Nations on 9 December 1948
The general assembly came with ‘CONVENTION ON THE
PREVENTION AND PUNISHMENT OF THE CRIME OF GENOCIDE-
1948.’
The important articles under this convention are-
Article I states that genocide whether committed in peace or in war time. It
is an international crime. The nations must prevent it or punish the culprit.
14
Article II defines the term genocide. Any act done to destroy or with an
intention to destroy a national, ethnical, racial or religious group, as such:
Page
15
1. Killing members of any group.
2. Causing serious bodily injury or any mental harm to members of the
group.
3. Deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part.
4. Imposing measures intended to prevent births within the group.
5. Forcibly transferring children of the group to another group.
Article III provides the list of the acts that shall be punishable are-
1. Genocide;
2. Conspiracy to commit genocide;
3. Direct and public incitement to commit genocide;
4. Complicity in genocide;
5 Attempt to commit genocide.
Article IV of the convention states that any person committing the
genocide will be punishable.
Article V of the convention states that the contracting parties will enact
the laws in their nation to punish the guilty people.
Article VI states that people who commit the act of genocide will be
tried by the competent tribunal of the respective state or by the
international tribunal.
3. State human rights commission?
Ans. The Protection of Human Rights Act of 1993 provides for the creation
of State Human Rights Commission at the state level. A State Human
Rights Commission can inquire into violation of human rights
Composition:
Human Rights (Amendment) Act, 2006 consists of three members including
a chairperson. The chairperson should be a retired Chief Justice of a High
Court.
The other members should be:
15
Page
16
(i) A serving or retired judge of a High Court or a District Judge in the
state with a minimum of seven years’ experience as District judge.
(ii) A person having practical experience or knowledge related to human
rights
Functions of the Commission:
a) Inquire suo motu or on a petition presented to it, by a victim, or any
person on his be into complaint of violation of human rights or negligence
in the prevention of such violation by a public servant.
(b) Intervene in any proceeding involving any allegation of violation of
human rights before a Court with the approval of such Court.
(c) Visit any jail or any other institution under the control of the State
Government where persons are detained to study the living conditions of
the inmates and make recommendations thereon
4. Convention on refugee? On child rights? Against slavery?
Ans. CONVENTION ON REFUGEE: A refugee, is a person who has been
forced to flee their own country due to the fear of violence, persecution,
war or other forms of conflict
1951 Convention relating to the Status of Refugees:
The 1951 convention lays down the foundation for the international
refugee law and was formulated in the aftermath of World War 2. It
lays down the meaning and scope of the term “refugee”, sets out several
duties of the refugees in the host country and the responsibilities of the
states towards them.
It also establishes one of the key principles to ensure that the refugees
are not forced back to their home country where there is considerable
danger to their life or basic human rights
Convention on child rights:
A child means every human being below the age of eighteen years
unless, under the law applicable to the child, the age of majority is
attained earlier
the United Nations Conventions on Rights of the Child (hereinafter,
16
CRC), 1989 to which India is a signatory
Page
17
the CRC is an international agreement legally binding on the parties’
signatory to it. It has incorporated in its various articles rights of
children without any discrimination whatsoever. It was ratified by India
on 11 December 1992.
It is based on four basic principles:
1. Non-discrimination (Article 2)
2. Best Interest of the Child (Article 3)
3. Right to Life Survival and Development (Article 6)
4. Right to be Heard (Article 12)
Convention against slavery:
Slavery Convention Signed at Geneva on 25 September 1926 With a
view to suppress slave trade and slavery, the convention laid down clear
rules banning slavery and slave trade. The convention was signed under
the auspices of the League of Nations.
Slave trade was defined as “all acts involved in the capture, acquisition
or disposal of a person with intent to reduce him to slavery; all acts
involved in the acquisition of a slave with a view to selling or exchanging
him; all acts of disposal by sale or exchange of a slave acquired with a
view to being sold or exchanged, and, in general, every act of trade or
transport in slaves.”
Slavery is the first human rights issue that attracted international
attention and the Slavery Convention addressed the issue to a great
extent.
5. American and European convention on human rights?
Ans. There were many international conventions held to protect human
rights & includes new regimes in the fields of human rights among there
conventions European convention of 1950 & American convention of 1969
are very significant some provisions have been included in fundamental
right & directive principles in our constitution but many provisions are
recognized but not included.
Following are the provisions of European convention & American
Convention on human rights:
17
Page
18
1. Citizens to be given right to life & right to liberty & security in every
country, it has been included under article 20,21,22 of constitution.
2. All citizens to be given relating to fair trial in the court no punishment to
be given without fair trail & contrary to law.
3. Every human being to be given freedom of thought, conscience &
religion.
4. Freedom to be given relating to expression, assembly, association to
people in the country.
5. Citizen to be given freedom to perform marriage intercaste, inter
religion & also inter sate.
6. Citizens to be given to enforce their rights against abusive (or) misuse of
power done by public authorities in India this right has been given under
article 226 & 32 called as writ petition in which high court & supreme
court have power to provide remedy.
7. Every human being in the country to be given right of effective remedy
whenever injustice has been caused.
8. In every country free & fair elections to be conducted & voting right of
citizen should not be deprived unless there is reasonable grounds.
9. In criminal cases citizens to be given right of appeal because innocent
person should not be convicted because of error of trail judge.
10. Citizen to be given rights of compensation against wrongful (or) illegal
convictions there is not implemented in India.
11. In every country court have to give opportunity in civil matters to make
compromise (or) settlement by the parties by their mutual consent.
12. In every country government have to ensure same benefits to all the
citizens in their welfare activities & schemes.
13. All citizens to be given right of human treatment in society & even in
prisons.
14. Every person should have nationality & statelessness is prohibited.
15. People to be given opportunity to participate in government functions.
It is also recommended in these conventions that in every state government
18
have to appoint commission (or) committees to review human rights &
Page
bring changes in it, separate human right court to be established to provide
19
speedy remedy when there is violation of human right this is details about
European convention & American convention relating to human rights.
6. Status of women in India?
Ans. In India, women’s rights are violated frequently in day-to-day life, in
the family, in households and in the public domain. In a patriarchal society,
women often suffer in silence, deprived of personal liberty and bound by
rules made by the allegedly superior males
According to Article 15 of the Indian constitution, discrimination cannot
be made among citizens on the grounds of religion, race, caste or sex.
There is an elaborate system to protect the rights of Indian women
including the Dowry Prohibition Act, the (anti)Sati Act and the
Protection of Women from Domestic Violence Act.
A number of sources indicate that women generally occupy a lower
social status than men in India in traditional Hindu law, the son is the
"sole object of worship" and the daughter is to be "despised and
detested” According to one report "much of the law fails under the
weight of 3,000 years of celebrating sons and despising daughters
India has ratified the Convention on the Elimination of All Forms of
Discrimination against Women The government made at least one
reservation to the convention by way of a declaration, stating it will not
interfere in the "personal affairs" of any community without that
community's initiative or consent This has been interpreted by at least
one source as an indication that the government is unwilling to change
the religion-specific personal laws that discriminate against women in
such areas as marriage, divorce and inheritance
Prepared by
Summaiya-mehmood
19
Page