Human Rights and Women’s Rights Education

Unit I

1.0 Introduction to Human Rights

Human rights are fundamental, inalienable rights and freedoms inherent to all human
beings, regardless of race, sex, nationality, religion, or any other status. They are based on
dignity, equality, and mutual respect, covering civil, political, economic, social, and cultural
rights. These rights are universal, meaning they apply to everyone, everywhere, and cannot
be taken away.
Key Principles and Attributes
 Universal & Inalienable: They belong to every person from birth and cannot be voluntarily
given up or taken away.

 Indivisible & Interdependent

All human rights (e.g., right to life, education, work) have equal status, and the improvement
of one often facilitates the advancement of others.

 Non-discrimination: Everyone is entitled to these rights without distinction.

Core Components of Human Rights

Human rights cover a wide spectrum, often categorized into:
 Civil & Political Rights: Right to life, liberty, freedom of expression, equality before the
law, and freedom from torture or slavery.

 Economic, Social & Cultural Rights: Rights to work, education, health, and an adequate
standard of living.

 Collective Rights: Rights to development and self-determination.

Protection and Legal Framework

While inherent, human rights are protected by international and national laws that hold
governments accountable for promoting and protecting them.
 The Universal Declaration of Human Rights (UDHR): Adopted by the UN General
Assembly in 1948, it is the foundational document setting out fundamental rights to be
protected universally.

 State Obligation: Governments must not only refrain from violating rights but also take
positive action to ensure an environment where individuals can enjoy their rights.

1.1 Meaning and Definition of Human Rights

 Human rights are universal, inalienable, and inherent rights belonging to every person
simply by virtue of being human, regardless of nationality, sex, religion, or status. These
fundamental, non-discriminatory rights protect dignity, freedom, and equality, covering civil,
political, economic, and social aspects essential for living with dignity.
Meaning and Key Aspects
 Inherent & Universal: They are not granted by any state; they are born with individuals.

 Inalienable:

They cannot be taken away, except in specific, legal, and due-process circumstances.

 Indivisible & Interdependent: Civil, political, economic, and social rights (e.g., life, free
speech, education) are all interconnected, and the violation of one often impacts others.

 Moral and Legal Claims: They function as moral claims that demand respect, often
enshrined in national and international law.

Definition
According to the UN Office of the High Commissioner for Human Rights (often referred to
via the Universal Declaration of Human Rights adopted in 1948), human rights are defined as
"rights derived from the inherent dignity of the human person". They act as constraints on
states, obliging governments to protect, respect, and fulfill these rights for all individuals.
Core Examples
 Right to Life and Liberty: Freedom from slavery and torture.

 Freedom of Expression: Freedom of opinion and expression.

 Right to Equality: Equality before the law, regardless of race, sex, or language.

 Economic & Social Rights: Rights to education, work, health, and an adequate standard of
living.

1.2 Nature of Human Rights

Human rights are inherent, inalienable, universal, and indivisible rights belonging to every
person by virtue of being human, regardless of nationality, status, or belief. These
fundamental, non-derived rights are essential for dignity, enabling individuals to live freely
and develop their potential, often existing independently of state recognition.
Key characteristics regarding the nature of human rights include:
 Inherent and Natural: They are not granted by any state; they belong to a person from birth.

 Inalienable and Irrevocable: They cannot be taken away or transferred, although they can
be restricted in specific situations (e.g., if a person is found guilty of a crime)
 .

 Universal: They apply to everyone everywhere, irrespective of caste, creed, religion, or sex.

 Indivisible and Interdependent: Civil, political, economic, social, and cultural rights are
equal in importance, and the enjoyment of one often depends on the fulfillment of others.

 Essential for Dignity: They protect the moral, physical, and spiritual welfare of individuals.

 Not Absolute: Human rights are subject to limitations to ensure public order, safety, and
morality.

Human rights are essential for maintaining a just society and protecting individuals from
abuse of power. They are often classified as natural rights, originating with the existence of
human beings, and are fundamental for protecting individuals against oppression.

1.3 Content of Human Rights

Human rights are universal, inalienable, and inherent rights belonging to every person
regardless of status, including the right to life, liberty, freedom from torture, and equality.
They encompass civil, political, economic, social, and cultural freedoms—such as speech,
work, and education—ensuring dignity and protection.
Core Content and Components of Human Rights:
 Fundamental Principles: Rights are universal (for everyone), inalienable (cannot be taken
away), and indivisible (all rights are equally important).

 Civil and Political Rights: These protect individuals from state abuse and ensure
participation in public life. Examples include the right to life, freedom from torture, freedom
of expression, freedom of religion, right to a fair trial, and right to privacy.

 Economic, Social, and Cultural Rights: These ensure a dignified quality of life, including
the right to work, education, food, housing, health, and social security.

 Core Legal Foundations: The Universal Declaration of Human Rights (UDHR) is the
primary foundation, defining 30 fundamental rights, including freedom from slavery and the
right to equality.

 Individual and Collective Rights: While most focus on individual liberties, others include
the right to self-determination and development.

Human rights are legally protected by national and international laws, compelling
governments to respect, protect, and fulfill these entitlements.
Legitimacy of Human Rights
 1.5 Legitimacy of Human Rights

The legitimacy of human rights stems from their foundation in inherent human dignity,
universal moral principles, and their embedding in international law, asserting they belong to
everyone regardless of state, culture, or belief, though debates persist regarding their precise
scope, enforcement, and cultural applicability, with some viewing them as natural law and
others as evolving standards for state and institutional accountability.

Sources of Legitimacy

 Natural Law/Moral Foundation:

Human rights are often seen as inherent, universal moral rights derived from being human,
existing prior to and beyond state laws, as championed by philosophers like Locke and
reflected in documents like the UDHR.

 Universal Recognition:
Treaties, conventions, and international institutions like the UN, though facing challenges,
embed human rights as global norms, making their recognition crucial for a state's
international standing.

 Inherent to State Legitimacy:

Protecting human rights has become a key criterion for judging a government's legitimacy,
shifting from mere domestic concern to international standard.
Challenges to Legitimacy

 Cultural Relativism vs. Universality:

Debates arise over whether universal human rights truly apply across diverse cultures,
histories, and religions, with some arguing for local interpretations.

 Scope and Priority:

Disagreements exist on the exact list of human rights and their relative importance (e.g., civil
vs. economic rights), with some rights deemed "non-derogable" (like freedom from torture).

 Enforcement & Implementation:

Questions persist about how effectively international bodies can enforce these rights,
especially against sovereign states, and the political will to do so.

 Politicization:
Governments sometimes express skepticism or challenge human rights mechanisms for
political reasons, creating tension

1.6 Origin and Development of Human Rights

 Human rights originated from ancient concepts of natural law and justice, with early
milestones like the Cyrus Cylinder (539 BC) and Magna Carta (1215) establishing
foundational limits on power. Development accelerated through Enlightenment philosophy,
the American and French Revolutions, and matured post-WWII with the 1948 Universal
Declaration of Human Rights (UDHR).
Key Historical Developments:
 Ancient Origins: The 539 B.C. Cyrus Cylinder, created after Cyrus the Great conquered
Babylon, freed slaves and established racial equality, serving as an early charter of rights.

 Natural Law (Greco-Roman Period): Stoicism introduced the idea of a universal force
governing human conduct, forming the basis for "natural law".

 Constitutional Milestones: The Magna Carta (1215) in England established that the king
was subject to the law, protecting rights like due process and property.

 17th-18th Century Revolutions: Enlightenment philosophers (Locke, Rousseau)

championed individual rights. The American Declaration of Independence (1776) and the
French Declaration of the Rights of Man and of the Citizen (1789) formalized these,
establishing rights to liberty, property, and freedom from oppression.

 Internationalization (Post-WWII): Following atrocities in World War II, the United

Nations (founded 1945) created a framework for international human rights, culminating in
the adoption of the Universal Declaration of Human Rights on December 10, 1948.

Evolutionary Stages:
 First Generation (Civil/Political): Freedom of speech, right to life, fair trial, voting (18th-
19th centuries).

 Second Generation (Economic/Social/Cultural): Right to work, education, housing (20th

century).

 Third Generation (Collective/Developmental): Right to a healthy environment, self-

determination, and development (20th-21st centuries).
The development of human rights continues today as an ongoing effort to define, protect, and
expand freedoms worldwide.

1.7 Theories of human rights

Theories of human rights explain the origin, nature, and justification of the fundamental
rights inherent to all individuals. Major theories include natural rights (inherent to humanity),
legal positivism (granted by states), social/historical evolution (developed through tradition),
and ethical/moral theories (based on dignity or human agency). These frameworks define
how rights are perceived and protected globally.
 Here is an overview of the key theories of human rights:
1. Natural Rights Theory
 Core Idea: Rights are inherent, inalienable, and born with human life, not granted by a
government or law.

 Origin: Rooted in the "state of nature," these rights (e.g., life, liberty, property) are
discovered through natural reasoning, as emphasized by John Locke

 Significance: It serves as the foundation for the belief that all human beings are equal and
deserve protection regardless of gender, caste, or creed.

2. Legal (Positivist) Theory

 Core Idea: Human rights are only valid if they are legally established and recognized by a
state.

 Origin: Promoted by thinkers like John Austin, this theory argues that individuals have no
rights outside of what the state grants them.

 Criticism: This perspective implies that if a state does not recognize a right, it does not exist,
which can lead to oppression.

3. Historical (Evolutionary) Theory

 Core Idea: Rights are not derived from nature or bestowed by a ruler, but evolve slowly over
time through traditions, customs, and usage.

 Origin: This theory views rights as a product of social growth and historical development
rather than sudden creation.

 Significance: It emphasizes that rights are deeply rooted in the history of a society.

4. Moral/Ethical Theories
 Human Dignity Theory: Suggests that human rights are based on the intrinsic dignity of
human beings, which entails not treating individuals merely as a means to an end.

 Agency-Based Theory (Gewirth): Argues that rights are necessary for "rationally purposive
agency," meaning individuals need rights to act as human beings.

 Utilitarian Theory: Often associated with Jeremy Bentham and John Stuart Mill, this view
holds that rights are social constructs created to maximize the overall happiness or utility of
society.

5. Marxist Theory
 Core Idea: Rejects the concept of abstract "natural rights," arguing instead that rights are
determined by the economic structure of society.

 Focus: Focuses on the elimination of class distinctions rather than individualist liberal rights,
which are seen as bourgeois protections.

Summary of Perspectives
 Orthodox/Natural: Rights are universal moral rights based on humanity.

 Legal: Rights are state-granted and recognized.

 Historical: Rights are products of custom and tradition.

 Modern/Moral: Rights are based on human dignity and agency.

 Principles of Magna Carta

1.8 Principles of Magna Carta

The 1215 Magna Carta ("Great Charter") is a foundational document for modern human
rights, establishing that the monarch was subject to the law, not above it. It introduced key
legal principles like due process (Clause 39), protection against arbitrary imprisonment, and
the right to a fair trial, significantly limiting absolute power.
Key Human Rights Principles in Magna Carta:
 Rule of Law: The king is subject to the law, curbing absolute power.

 Due Process (Clause 39): No free man can be imprisoned or stripped of rights without
lawful judgment by peers or law of the land.

 Access to Justice(Clause 40):

Justice cannot be sold, denied, or delayed

 Property Rights: Protection for free citizens to own and inherit property.

 Taxation Control: Taxes required the consent of the common council.

Legacy and Impact:

 Historical Turning Point: Signed by King John under pressure from barons, it laid the
groundwork for constitutional law in the English-speaking world.

 Modern Relevance: Often cited as a precursor to the Universal Declaration of Human

Rights (1948).

 Legal Standing: While most of its 63 clauses have been repealed, key principles remain part
of UK law.
 1.9 Modern Movement of Human Rights
The modern human rights movement, spurred by WWII's atrocities and formalized by the
UN's 1948 Universal Declaration of Human Rights (UDHR), advocates for universal dignity,
justice, and freedom through resistance to oppression like colonialism, racism, and
patriarchy, utilizing international law, advocacy groups (Amnesty, etc.), and grassroots
activism (BLM, Climate Strikes), focusing on issues from civil liberties and social justice to
environmental and digital rights, with ongoing global efforts to implement these standards
through treaties, national laws, and judicial action.

Key Drivers & Foundations

 Post-WWII Realization:

The Holocaust and World Wars highlighted mass atrocities, leading to the UN's creation and
the UDHR, establishing universal standards.

 Historical Resistance:

Draws from older fights against slavery, colonialism, and for women's suffrage, incorporating
wisdom from indigenous, labor, and disability rights movements.

 Universal Principles:
Based on the idea that all humans deserve basic rights and dignity, regardless of background,
promoting solidarity.
Modern Activism & Tactics

 Global Networks:

NGOs like Amnesty International monitor and campaign globally, while the UN's Human
Rights Council conducts reviews (UPR).

 Grassroots Movements:

Includes Black Lives Matter, #MeToo, climate strikes (Fridays for Future), LGBTQ+ rights,
and anti-apartheid struggles.
 Technology's Role:

Telecommunications aid coordination, but also raise issues like digital surveillance.

 National & Judicial Action:

Activism pushes for incorporating international rights into domestic laws, with courts (like
India's PIL) expanding social and economic rights (health, education).
Key Focus Areas

 Civil & Political Rights: Freedom from torture, fair trials, free speech, political participation.
 Social & Economic Rights: Access to education, clean water, health, and protection from
discrimination (caste, religion, gender).
 Emerging Issues: Environmental justice, digital privacy, Indigenous rights, and challenges to
traditional practices (cultural relativism).
Challenges

 Implementation Gaps: Difficulty enforcing standards in all nations.

 Cultural Debates: Tensions between universal rights and cultural/communal values.

 Backlash: Movements often face violent opposition and state repression.

1.10 The future of human rights

The future of human rights faces a critical juncture, balancing progress with rising
authoritarianism and technological challenges. Key trends include a shift toward local-level
protection, the integration of economic/social rights into sustainable development, and urgent
calls to modernize advocacy against anti-rights forces. The future will likely be defined by a
shift from solely state-centric accountability to broader, community-driven, and tech-aware
approaches.
Key Trends for the Future of Human Rights:
 Local and Targeted Action: Future advocacy is moving away from purely national or
international focus to localized, municipal, and regional levels where rights are directly
violated or defended, such as in the "human rights cities" movement.

 Technological Challenges: The rise of AI, surveillance, and digital authoritarianism

necessitates that human rights frameworks adapt to address technology-driven abuses,
privacy violations, and algorithmic bias.

 Rise of Anti-Rights Forces: The movement faces significant pushback from rising
authoritarianism, requiring smarter, more robust, and faster-acting strategies.

 Localization and Community-Led Approaches: To remain relevant, human rights work

must reconnect with local communities and be led by those directly impacted by abuses.

 Broadening the Agenda: Future rights focus will likely expand to intersect with
environmental justice, corporate accountability, and economic, social, and cultural rights
(e.g., right to health, education).

 Democratization of Advocacy: A move away from relying solely on Western-dominated

mechanisms toward a more diverse, global base of advocates and champions.

 The 2030 Agenda Linkage: Future, sustainable development goals (SDGs) are increasingly
intertwined with human rights frameworks, strengthening the "leave no one behind"
principle.
Despite these challenges, the foundational principles of universal, inalienable, and indivisible
human rights continue to serve as a vital tool for resistance and justice worldwide.
 UNIT II

HUMAN RIGHTS IN INDIA

2.0 Constitution of India

The Constitution of India is the supreme, longest-written national law, adopted on November
26, 1949, and effective from January 26, 1950, establishing India as a sovereign, socialist,
secular, and democratic republic. It defines the framework for government procedures,
powers, and duties, alongside fundamental rights and duties of citizens.
Key aspects of the Indian Constitution include:
 Adoption and Structure: Drafted by the Constituent Assembly over nearly three years, it
originally contained 395 articles, 22 parts, and 8 schedules. It has since grown to over 448
articles due to amendments.

 Preamble: The Constitution declares India a sovereign, socialist, secular, democratic

republic, aiming to secure justice, liberty, equality, and fraternity for all citizens

 Fundamental Rights & Duties: It guarantees fundamental rights (Articles 12-35) to all
citizens, including the right to equality, freedom, and protection against exploitation, while
also outlining fundamental duties.

 Governance Structure: The Constitution provides for a federal system with a parliamentary
form of government, divided into three branches: the Legislature, Executive, and Judiciary.

 Amendment Process: It is a dynamic document that can be amended by Parliament, with

over 100 amendments made to date to adapt to changing needs
2.1 FUNDAMENTAL RIGHTS

Fundamental rights in India, guaranteed by Articles 12-35 in Part III of the Constitution, are
essential liberties for all citizens, enforceable by courts against state encroachment.
Originally seven, there are now six main categories: Right to Equality, Freedom, Against
Exploitation, Freedom of Religion, Cultural/Educational Rights, and Constitutional
Remedies.
The six Fundamental Rights are:
 Right to Equality (Articles 14–18): Ensures equality before the law, prohibits
discrimination on grounds of religion, race, caste, sex, or place of birth, and abolishes
untouchability.
 Right to Freedom (Articles 19–22): Guarantees freedom of speech and expression,
assembly, association, movement, residence, and profession, as well as protection in respect
of conviction for offenses and right to life/personal liberty.

 Right against Exploitation (Articles 23–24): Prohibits human trafficking, forced labor
(begar), and child labor in factories or hazardous employment.

 Right to Freedom of Religion (Articles 25–28): Guarantees freedom of conscience, the

right to freely profess, practice, and propagate religion, and manage religious affairs.

 Cultural and Educational Rights (Articles 29–30): Protects the rights of minorities to
conserve their language, script, or culture and establish educational institutions.

 Right to Constitutional Remedies (Article 32): Allows citizens to move the Supreme Court
to enforce their rights through writs such as Habeas Corpus, Mandamus, Prohibition, Quo
Warranto, and Certiorari.
2.2 RIGHT TO LIIFE AND LIBERTY

Article 21 of the Indian Constitution guarantees that no person shall be deprived of their life
or personal liberty except according to a procedure established by law. As a fundamental,
non-derogable right available to all individuals (citizens and foreigners), it is interpreted
broadly to include the right to live with human dignity, privacy, health, and a clean
environment.
Key Aspects of Right to Life and Liberty
 Definition: "Life" extends beyond mere physical existence to include the right to live with
dignity and all necessities. "Liberty" covers personal autonomy and freedom from arbitrary
restriction.

 Procedural Requirement:

Deprivation of life or liberty is only valid if a law exists, and the procedure prescribed by
that law is "fair, just, and reasonable"

 Key Judicial Expansions: The Supreme Court has expanded this right to include:

o Right to Privacy: Protecting individuals from state surveillance.

o Right to Health & Environment: Access to medical care and a pollution-free environment.

o Right to Livelihood: Access to resources for survival.

o Right to Dignity: Including the right to die with dignity (refusal of life support).
o Right to Education: Access to basic education.
2.3 Directive Principles of State Policy

The Directive Principles of State Policy (DPSP), enshrined in Part IV (Articles 36-51) of the
Indian Constitution, are guidelines for central and state governments to create a social and
economic democracy and a welfare state. Though non-justiciable (not enforceable by courts),
they are fundamental in governance, focusing on justice, equality, and public welfare.
Key Aspects of DPSP:
 Welfare Objective: Aims to minimize inequalities in income, status, and opportunities,
ensuring a just social order.

 Economic Principles: Directs policy to ensure adequate livelihood, fair distribution of

resources, prevention of wealth concentration, and equal pay for equal work.

 Social & Legal Principles:

Promotes education for all (including free, compulsory education under 14), protects
SC/STs, and advocates for a Uniform Civil Code (Article 44)

 Gandhian Principles: Includes organizing village panchayats (Article 40), promoting

cottage industries, and prohibiting intoxicating drinks.

 Environmental/Other Principles: Focuses on protecting the environment (Article 48A) and

promoting international peace.
2.4 Fundamental Duties

Fundamental duties in the Indian Constitution, listed under Article 51A (Part IV-A), are 11
moral obligations for citizens to promote patriotism, unity, and responsible behavior. Added
by the 42nd Amendment in 1976 (originally 10, now 11), they include respecting the flag,
protecting the environment, and promoting harmony.
Key Fundamental Duties (Article 51A):
 Abide by the Constitution: Respect its ideals, institutions, the National Flag, and the
National Anthem.

 Follow Freedom Struggle Ideals: Cherish the noble ideals that inspired the national struggle

 Protect Sovereignty: Uphold and protect the sovereignty, unity, and integrity of India.

 Render National Service: Defend the country and provide national service when called
upon.
 Promote Harmony: Foster common brotherhood, transcend diversities, and renounce
practices derogatory to women.

 Preserve Heritage: Value and preserve the rich heritage of the country’s composite culture.

 Protect Environment: Protect and improve the natural environment, including forests, lakes,
rivers, and wildlife.

 Develop Scientific Temper: Promote humanism, scientific temper, and the spirit of inquiry.

 Safeguard Public Property: Protect public property and renounce violence.

 Strive for Excellence: Aim for excellence in all individual and collective activities.

 Education for Children: Provide opportunities for education to children between 6 and 14
years old (added by the 86th Constitutional Amendment Act, 2002).

2.5 INDIVIDUAL AND GROUP RIGHTS

Individual rights are universal, inalienable entitlements held by each person (e.g., free speech,
voting), while group/collective rights are held by a community as a whole (e.g., indigenous
self-determination, language rights). While individual rights focus on personal autonomy,
group rights protect specific cultural or minority identities.
Key Aspects of Individual vs. Group Rights
 Definition & Focus: Individual rights (or human rights) belong to every human being
regardless of group affiliation. Group rights are possessed by a community or
entity qua group.

 Examples of Individual Rights: The right to life, liberty, freedom of religion, freedom of
speech, and the right to a fair trial.

 Examples of Group Rights: The right to self-determination, collective ownership of land,

protection of minority cultural practices, and language rights.

 Relationship and Tension: While often seen as complementary (e.g., protecting a group's
culture allows members to enjoy their individual rights), they can conflict if group demands
infringe on the freedoms of individual members.

 Purpose: Individual rights aim for equality before the law, while group rights are often used
to address historical injustices, protect cultural identities, or ensure minority representation.

2.6 OTHER FACETS OF HUMAN RIGHTS

 Human rights extend beyond basic civil liberties to include economic, social, cultural, and
collective rights, ensuring dignity through equality, non-discrimination, and participation.
Key facets include protection for vulnerable groups (women, children, minorities),
environmental rights, and the right to development. These rights are universal, inalienable,
and interdependent.
Core Facets of Human Rights
 Civil and Political Rights: Include the right to life, liberty, and security; freedom from
torture and slavery; fair trial; freedom of expression, thought, and religion; and the right to
participate in government.

 Economic, Social, and Cultural Rights: Encompass the right to work, fair wages,
education, an adequate standard of living (housing, food), and health care.

 Collective/Solidarity Rights: Include the right to a healthy environment, the right to

development, and the rights of indigenous peoples.

 Vulnerable Group Protection: Specific standards for women, children, persons with
disabilities, and minorities to prevent discrimination.

 Intersectionality and Participation: Addressing overlapping discrimination (gender, race,

socio-economic status) and ensuring marginalized groups participate in decision-making.

 Procedural Rights: Rights to a remedy, legal recognition, and protection against arbitrary
arrest.

2.6 Measures for protection of human rights in india

Human rights in India are protected through a robust framework combining constitutional
guarantees (Fundamental Rights), the Protection of Human Rights Act (1993), and
independent judicial oversight. Key mechanisms include the NHRC, SHRCs, Public Interest
Litigation (PIL), and specialized commissions for women, children, and minorities, which
investigate violations and recommend remedial actions.
Key Measures for Human Rights Protection
 Constitutional Guarantees (Part III):

o Right to Equality (Arts. 14-18): Ensures equality before law and prohibits discrimination.

o Right to Freedom (Arts. 19-22): Protects freedom of speech, assembly, movement, and
personal liberty.
o Right against Exploitation (Arts. 23-24): Prohibits trafficking, forced labor, and child
labor.

o Right to Constitutional Remedies (Art. 32 & 226): Empowers Supreme Court and High
Courts to issue writs (Habeas Corpus, Mandamus, etc.) to enforce rights.

 Legislative and Institutional Framework:

o The Protection of Human Rights Act, 1993: Established the National Human Rights
Commission (NHRC) and State Human Rights Commissions (SHRCs) to inquire into
violations, visit detention centers, and recommend actions.

o Specialized Bodies: NCW (Women), NCPCR (Child Rights), NCSC/NCST (Scheduled

Castes/Tribes), and NCM (Minorities) focus on specific vulnerable groups.

o Specific Laws: The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
1989, The Domestic Violence Act, 2005, and Child Labour (Prohibition and Regulation) Act,
1986.

 Judicial Activism:

o Public Interest Litigation (PIL): Allows courts to take suo motu action or act on petitions
for the public good.

o Compensation: Courts can award compensation for rights violations.

2.7 Indian Knowledge System

The Indian Knowledge System (IKS) is an initiative by India’s Ministry of Education to

promote, preserve, and integrate traditional Indian knowledge—spanning sciences,
technology, arts, and philosophy—into modern education. Established in 2020 at AICTE, it
focuses on applying ancient wisdom to contemporary challenges, covering areas like
agriculture, Ayurveda, astronomy, architecture, and mathematics.
Key aspects of the Indian Knowledge System include:
 Core Objectives: To bridge traditional knowledge with modern advancements through
research, fostering a "Bharatiya Drishti" (Indian perspective).

 Scope of Knowledge: Covers vast areas, including Jnan (knowledge), Vignan (science), and

Jeevan Darshan

(philosophy)

. It includes indigenous technologies, sustainable agricultural practices, literature, linguistics,

yoga, and architecture
 .

 Key Principles: The IKS division focuses on Paramparā (tradition), Dṛṣṭi (vision),
and Laukika-prayojana (practical utility).

 Integration in Education: Recommended by the National Education Policy (NEP) 2020,

IKS is being incorporated into school and higher education curricula to encourage
interdisciplinary learning.

 Divisions and Research: The IKS Division supports research through grants and projects
aimed at solving modern problems like climate change and healthcare.

The IKS framework seeks to make ancient knowledge relevant, providing a holistic and
sustainable approach to contemporary, societal, and technological issues.

2.8 Exploration of Dignity

The Indian Knowledge Systems (IKS), recognized by the Ministry of Education and NEP
2020, provides a holistic, multidisciplinary framework for understanding human dignity,
rooted in ancient traditions and philosophies. It emphasizes intrinsic worth, ethical living, and
harmony with the environment, rather than purely materialistic or utilitarian views. Key
principles include the interconnectedness of all life and the integration of traditional wisdom
into modern education to address contemporary challenges.
Key Aspects of Dignity within IKS
 Holistic Worldview: Unlike modern, often compartmentalized, knowledge systems, IKS
views human dignity as part of a connected whole, integrating the material, intellectual, and
spiritual aspects of life.

 Ethical Living ( Dharma ): Dignity is closely tied to living in accordance with ethical
principles that promote self-reliance, sustainability, and respect for all living beings.

 Inner Dignity: The focus is on the inherent worth of an individual, cultivated through self-
awareness and ethical conduct, rather than just external recognition.

 Interconnectedness: IKS emphasizes that individual dignity is intrinsically linked to the

dignity of the community and the environment, promoting a harmonious coexistence.

Core Principles Supporting Dignity in IKS

 Paramparā (Lineage): Upholding traditional knowledge passed down through generations,
which often contains deep insights into human dignity and ethical living.

 Jnan and Vignan (Knowledge and Science): Incorporating ancient scientific and
philosophical understanding to foster a, comprehensive, and respectful approach to life.
 Jeevan Darshan (Philosophy of Life): Applying holistic principles that emphasize the
sanctity of life, which is essential for fostering dignity.

Significance of IKS in Modern Context

 Sustainable Living: The emphasis on living in harmony with nature promotes a dignified,
sustainable lifestyle that avoids the pitfalls of excessive materialism.

 Educational Integration: IKS aims to make this, knowledge, relevant for, contemporary,
students and researchers by, integrating, it with, modern, disciplines.

 Values-Based Education: It provides a, foundation, for, education, that, emphasizes, moral,

and, ethical, values, alongside, intellectual, development.
2.9 Justice

Justice within the Indian Knowledge Systems (IKS) is founded

on dharma (duty), nyaya (fairness/logic), and rita (cosmic order), aiming for social harmony
and welfare. Derived from ancient texts like the Arthashastra and Manusmriti, it emphasizes
ethical governance, restorative, and, in some contexts, community-based, non-codified, or
oral,, and often local, adjudication mechanisms, rather than just statutory law.
Key Principles of Justice in IKS:
 Dharma (Duty): The core framework, shifting focus from a purely rights-based approach to
a duty-centric ethos.

 Nyaya (Fairness): Focused on logical, just, and fair reasoning, often involving village
councils and elders.

 Restorative Justice: IKS emphasizes reconciliation, restoration of social balance, and

community harmony over punitive measures.

 Cosmic Order (Rita): Laws are seen as reflections of higher, natural, and cosmic, order.

Application in Modern Context:

 ADR Mechanisms: IKS informs alternative dispute resolution methods (ADR), including
mediation and conciliation, drawing on traditional, community-based, consensus-oriented
processes.

 Legal Interpretation: Concepts from IKS are increasingly considered to guide judicial
interpretations, particularly regarding public policy, morality, and social welfare.

 Environmental Law: The holistic,, and, often,, spiritually-rooted, worldview of IKS

contributes, to, sustainable and ecologically-conscious legal frameworks.

2.10 Comparison and Equality in Tamil Sangam Literature

 Sangam literature (c. 350 BCE – 300 CE) presents a society with relative gender equality and
social flexibility, where women were educated, wrote poetry, and made personal choices, yet
often remained within domestic roles. It features thematic comparisons
between Akam (interior love) and Puram (exterior war) while reflecting a less rigid, more
egalitarian social structure than later periods.
Comparison in Sangam Literature (Akam vs. Puram)
 Akam (Interior/Love): Focuses on subjective, emotional, and personal life, often
categorized by the five geographical landscapes (Tinais) that set the mood for love.

 Puram (Exterior/War): Focuses on objective, public life, including valor, kingship, charity,
and death in battle.

 Structural Parallel: Both genres compare the internal landscape of emotions with the
external, physical landscape, using nature (flowers, animals) to symbolize human behavior.

2.11 Equality in Sangam Literature

 Gender Roles: Women enjoyed higher status compared to later periods, with freedom of
movement, education, and the ability to select partners. Women were recognized as poets
(e.g., Avvaiyar) and scholars.

 Limitations: Despite their liberties, women often remained confined to domestic duties, and
societal structure was primarily patrilineal, with women usually dependent on male relatives.

 Social Flexibility: Society was less stratified, treating warriors, poets, and farmers with
greater equality than later, more rigid, caste-based systems.

Key Themes of Equality and Status

 Education: Women were allowed education, but often only within the domestic sphere,
unlike men who received formal training outside.

 Liberty: Women could participate in intellectual pursuits and express their emotions freely in
literature.

 Property: Economic dependence on fathers or husbands was common, with land and
property often passing through the male line.

 2.12 Thirukkural

The Thirukkural is one of the most celebrated works of Tamil literature and is considered a
masterpiece of world ethics. Written by the poet-philosopher Thiruvalluvar over 2,000 years
ago, it provides a universal guide to a virtuous and successful life.

Structure of the Text

 The work is meticulously organized into three main sections (Paal), representing the
fundamental goals of human life:
1. Aram (Virtue/Ethics): Deals with moral values, character, and righteousness (38 Chapters).

2. Porul (Wealth/Polity): Focuses on governance, economics, social conduct, and politics (70
Chapters).

3. Inbam (Love/Pleasure): Explores the nuances of love and intimacy (25 Chapters).

By the numbers:
 1,330 total couplets (Kurals).

 133 Chapters (Adhikarams), with 10 couplets each.

 7 words per couplet (4 in the first line, 3 in the second).

Why is it so famous?
 Universal Appeal: It is often called the "Universal Veda" or "Global Common
Creed" because it doesn't mention any specific religion, god, or caste. Its advice applies to
all of humanity across all eras.

 Brevity: Each Kural is incredibly concise but contains deep philosophical meaning.

 Translations: It is one of the most translated non-religious works in the world, available in
over 40 languageS

 2.13 Purananuru

Purananuru, part of the Ettuthokai (Eight Anthologies) in Sangam literature, is a collection of

400 heroic poems (mostly surviving) composed by 157 poets between the 1st and 5th
centuries CE. It focuses on Puram (external life) themes like war, valor, kingship, and public
life, offering deep insights into ancient Tamil culture.

Key Aspects of Purananuru in English

 Themes: The poems celebrate the bravery of soldiers, the generosity of kings, and the virtues
of wise men. It provides a realistic, often vivid picture of, for instance, a mother's joy upon
learning her son died bravely in battle.

 Famous Verses: It includes famous philosophical pieces, such as Poem 192 (Yathum
Oorey), which promotes universal kinship: "Every town is our hometown; every man, our
kinsman".
 Society & Culture: It details the societal structures, the importance of honor, and the role of
women, including references to sati and the high value placed on chastity.

 Translations: A prominent English translation is "The Four Hundred Songs of War and
Wisdom" by George L. Hart. Another accessible collection is available via Sangam
Translations by Vaidehi.

Key Historical Insights

 Warfare: The poems highlight the intense, frequent wars among Tamil kings and the intense
societal expectation of bravery.

 Authorship: Of the 400 poems, 14 are anonymous, and at least 10 were written by women
poets.

 Cultural Significance: It serves as a historical document detailing the Tamil society,

economy, and politics between the 1st and 5th centuries CE.

 2.14 Pathitrupattu

Pathitrupattu is a classical Tamil anthology and part of the Ettuthokai (Eight Anthologies) in
Sangam literature. It is a panegyric work focused entirely on the Chera kings, praising their
military prowess, administration, and generosity.
Key Characteristics
 Structure: It originally consisted of 100 poems divided into 10 sections (tens). Each section
was composed by a different poet for a specific Chera ruler.

 Lost Sections: Currently, only 80 poems survive. The first and tenth sections have been lost
to time.

 Genre: It belongs to the Puram (public life) genre, focusing on war, politics, and the social
life of the ancient Chera kingdom.

 Historical Value: It serves as a vital historical record of the Chera dynasty, detailing three
generations of rulers from both the Imayavaramban and Irumporai lineages.

Surviving Tens & Rulers

Section King Praised Poet
2nd Ten Imayavaramban Neduncheralathan Kumattur Kannanar
3rd Ten Palyani Selkezhu Kuttuvan Palaik Gauthamanar
4th Ten Kalangaikanni Narmudicheral Kappiyatru Kappiyanar
5th Ten Kadal Pirakottiya Senguttuvan Paranar
6th Ten Adukotpattu Cheralathan Kakkaipadiniyar Nachellaiyar
7th Ten Selvak Kadungo Vazhiyathan Kapilar
 8th Ten Tagadur Erintha Peruncheral Irumporai Arisil Kizhar
9th Ten Kudako Ilamcheral Irumporai Perunkunrur Kizhar

Unique Features
 Musical Notation: It is the only Puram anthology where the musical tune (pan) for each
poem was originally specified.

 Patikam: Each section ends with a patikam, a prose/verse epilogue that provides
biographical details about the king, the poet, and the rewards the poet received for his work.

 Anthadi: The 4th Ten is uniquely composed in the Anthadi style, where the last word of a
verse becomes the first word of the next.
 UNIT III

HUMAN RIGHTS VIOLATION AND REDRESSAL MECHANISM

3.1 Human rights: Infringement of human rights by state machinery and by individual

Human rights violations occur through both state machinery—characterized

by misuse of power, custodial torture, and systemic discrimination—and by individuals,
involving exploitation, violence, and infringement on privacy or dignity. Key protections
against these acts include constitutional remedies, the NHRC, and specific laws like
the Bonded Labour System (Abolition) Act 1976.

Infringement of Human Rights by State Machinery

State actors, including police and administration, often commit violations through the
following means:

 Custodial Torture and Death: Instances of physical abuse and death in police or judicial
custody remain high, with hundreds reported annually.

 Misuse of Power: Arbitrary arrests, illegal detention, and misuse of laws like the UAPA or
FCRA to target activists and dissenters.

 Excessive Force: Use of unlawful force against civilians during protests or communal
violence, such as the 2002 Gujarat riots, where authorities failed to protect minorities.

 Impunity: A lack of accountability for state agents, which continues to be a major

challenge.

Infringement of Human Rights by Individuals

Individuals or groups often violate the rights of others, frequently targeting vulnerable
sections of society:
 Exploitation: Trafficking, forced labor, and employment of children in hazardous industries
(prohibited under Articles 23–24 of the Constitution).

 Violence and Discrimination: Communal tensions, violence based on caste or gender, and
failure to protect vulnerable communities.

 Sexual Harassment: Workplace harassment is a significant individual infringement,

prompting legal interventions like the Sexual Harassment at Workplace Act 2013.
 Legal Remedies and Protection Machinery
 Constitutional Remedies: Articles 32 and 226 allow victims to approach the Supreme Court
or High Courts directly for writ enforcement.

 Human Rights Commissions: The NHRC and State Commissions investigate violations and
recommend action, although they often face limitations in enforcement.

 Legislative Measures: Laws like the Protection of Human Rights Act 1993, the Bonded
Labour System (Abolition) Act 1976, and the Sexual Harassment Act 2013 exist to protect
against both state and private violations.

3.2 Remedies for state action and inaction

In the legal framework (particularly within Indian and Administrative Law), remedies for
State action (what the State does) and State inaction (what the State fails to do) are primarily
anchored in constitutional and statutory provisions.
1. Constitutional Remedies (Writ Jurisdiction)
The most powerful tools for challenging State conduct are writs, which can be issued by the
Supreme Court (Article 32) or High Courts (Article 226).
 For State Action (Corrective/Preventive):

o Certiorari: Used to quash or nullify an illegal order or decision already made by a lower
court or administrative authority.

o Prohibition: Issued to stop a lower court or authority from continuing an action that is
beyond its legal jurisdiction.

o Habeas Corpus: Demands the release of a person unlawfully detained by the State.

o Quo Warranto: Challenges the legality of a person holding a public office.

 For State Inaction (Compulsive):

o Mandamus: A command to a public official or body to perform a legal duty they have
failed or refused to fulfill.

o Continuing Mandamus: A specialized remedy where the court keeps a case pending and
issues periodic directions to ensure the State takes ongoing action (e.g., in environmental or
corruption cases).

2. Statutory and Civil Remedies

Beyond the Constitution, several legal avenues provide redress for specific harms caused by
the State:
 Monetary Compensation: Courts can award damages for "Constitutional Torts" when State
agencies violate fundamental rights, such as custodial death or illegal imprisonment.

 Declaratory Suits: A civil court can issue a formal statement declaring the legal rights of a
party or the illegality of a State act.

 Injunctions: A court order requiring the State to do, or refrain from doing, a specific act
(often used in property or service matters).

3. Extra-Judicial & Administrative Remedies

 Ombudsman (Lokpal/Lokayukta): These bodies investigate complaints of corruption and
maladministration.

 Public Interest Litigation (PIL): Allows any citizen to approach the court on behalf of a
group affected by State inaction (e.g., non-payment of minimum wages or environmental
neglect).

 Statutory Appeals: Many laws (like the Right to Information Act) have built-in mechanisms
to appeal against the inaction of a specific department.

3.3 Constitutional Remedies

In the Indian context, Constitutional Remedies refer to the legal mechanisms that empower
citizens to move the courts to enforce their Fundamental Rights. Dr. B.R. Ambedkar
famously described this right as the "heart and soul" of the Constitution because it makes
all other rights meaningful and enforceable.
Key Legal Provisions
 Article 32: Grants individuals the fundamental right to approach the Supreme Court directly
for the enforcement of Fundamental Rights.

 Article 226: Empowers High Courts to issue similar directions for both Fundamental Rights
and other legal rights, offering a broader scope of protection.

The Five Prerogative Writs

Courts exercise these remedies primarily through five types of "writs" (formal written
orders):
Writ Meaning Purpose
Habeas "To have the To release a person from unlawful detention or
Corpus body" imprisonment.
Mandamus "We command" To order a public official or body to perform a mandatory
legal duty.
Prohibition "To forbid" Issued by a higher court to stop a lower court from
exceeding its jurisdiction.
 Certiorari "To be To quash an order already passed by a lower court or
informed" tribunal due to an error of law.
Quo- "By what To challenge the legality of a person's claim to a public
Warranto authority" office.
Comparison: Supreme Court vs. High Courts
Feature Supreme Court (Article 32) High Court (Article 226)
Nature It is a Fundamental Right. It is a Constitutional Right.
Scope Only for Fundamental Rights. Fundamental Rights + other legal rights.
Jurisdiction Throughout India. Limited to its state/territory.
Discretion Mandatory; cannot refuse a valid Discretionary; may refuse if other remedies
petition. exist.
Key Aspects
 Public Interest Litigation (PIL): Allows any public-spirited individual to approach the
court on behalf of those whose rights are violated but who cannot represent themselves.

 Suspension: These rights can be suspended during a National Emergency (Article 359),
except for the protections under Articles 20 and 21 (right to life and personal liberty).

 Basic Structure: The Supreme Court has declared Article 32 part of the Basic Structure of
the Constitution, meaning it cannot be abolished even by a constitutional amendment.

3.4 PUBLIC INTEREST LITIGATION

Public Interest Litigation (PIL) is a legal mechanism in India that allows any citizen
or organization to file a case in court to protect or enforce a "public interest" rather than a
private one. Introduced in the late 1970s, it is a key instrument of judicial activism, moving
the judiciary from a passive role to an active participant in securing social justice.
Key Features
 Relaxation of Locus Standi: Unlike traditional litigation, where only an aggrieved person
can approach the court, a PIL allows any public-spirited individual to file a petition on behalf
of those unable to do so due to poverty or other disadvantages.

 Non-Adversarial Nature: It is a collaborative effort between the petitioner, the state, and the
court to resolve a public issue rather than a battle between two opponents.

 Epistolary Jurisdiction: The courts can treat letters, postcards, or even newspaper reports
addressed to the Chief Justice as formal writ petitions.

 Court-Appointed Commissions: To ensure justice when evidence is difficult to gather, the

court may appoint committees or commissions to investigate facts.

Legal Basis and Pioneers

 Constitutional Provisions: PILs are primarily filed under Article 32 in the Supreme Court
and Article 226 in High Courts.

 Founding Figures: Justice V.R. Krishna Iyer and Justice P.N. Bhagwati (often called the
father of PIL in India) were instrumental in developing this jurisprudence.

Landmark Cases
 Hussainara Khatoon v. State of Bihar (1979): The first reported PIL, leading to the release
of nearly 40,000 undertrial prisoners and establishing the right to a speedy trial.

 S.P. Gupta v. Union of India (1981): Fully established the concept of relaxed standing,
allowing any bona fide member of the public to file a PIL for public wrong or injury.

 M.C. Mehta v. Union of India: A series of cases that revolutionized environmental law,
addressing pollution in the Ganges and around the Taj Mahal.

 Vishaka v. State of Rajasthan (1997): Led to guidelines for preventing sexual harassment at
the workplace, now enshrined in statute

3.5 PROTECTION OF HUMAN RIGHT ACT 1993

The Protection of Human Rights Act, 1993, is an Indian legislation enacted to provide for the
constitution of the National Human Rights Commission (NHRC), State Human Rights
Commissions (SHRC), and Human Rights Courts. It aims to protect rights relating to life,
liberty, equality, and dignity guaranteed by the Constitution or international covenants.

Key features and details of the Act include:

 Establishment: The Act was passed on December 18, 1993, and came into effect on January
8, 1994, with retroactive effect from September 28, 1993.

 Definition: "Human Rights" are defined as rights relating to life, liberty, equality, and dignity
of the individual, as guaranteed by the Constitution or embodied in International Covenants
and enforceable by courts in India

 Institutions: It establishes the NHRC at the central level and SHRCs at the state level to
investigate violations of human rights or negligence in their prevention by public servants.

 Functions: The NHRC has the power to inquire into complaints, intervene in court
proceedings involving human rights violations, visit detention centers, and review
constitutional safeguards.
 Powers: The Commission functions as a civil court with powers to summon witnesses and
examine documents.

 Limitations: The Commission's role is largely advisory, recommending actions to the

government or courts, rather than issuing binding judgments.

 Amendments: The Act was amended in 2019 to change the composition of the commissions,
including permitting the appointment of a Supreme Court judge as NHRC Chairperson and
expanding the eligibility for State Chairperson to High Court judges.

The Act was significantly influenced by the UN-adopted Paris Principles of 1991, aiming to
provide better protection for human rights in India.

3.5 NATIONAL HUMAN RIGHT COMMISSION

The National Human Rights Commission (NHRC) of India is a statutory body

established on October 12, 1993, under the Protection of Human Rights Act (PHRA), 1993,
to promote and protect human rights related to life, liberty, equality, and dignity. Based in
New Delhi, it investigates violations by public servants and intervenes in court proceedings.

Key Details about the NHRC:

 Establishment: Constituted on 12 October 1993, now amended by the Protection of Human

Rights (Amendment) Act, 2019.

 Purpose: To protect human rights, defined as rights relating to life, liberty, equality, and
dignity guaranteed by the Constitution or international covenants.

 Structure: A multi-member body consisting of a Chairperson (a retired Chief Justice of India

or Supreme Court judge), five full-time members, and four deemed members.

 Functions: Investigates violations or negligence by public servants, intervenes in court cases

with permission, visits jails, reviews legal safeguards, and promotes human rights literacy.

 Complaints: Individuals can file complaints regarding human rights violations through
the NHRC online portal.

 Location: Headquartered at Faridkot House, Copernicus Marg, New Delhi.

The commission plays a crucial role in safeguarding human rights and providing redressal for
violations across India.

3.6 STATE HUMAN RIGHTS COMMISSION

 The State Human Rights Commission (SHRC) is a statutory body established under the
Protection of Human Rights Act, 1993, to protect rights related to life, liberty, equality, and
dignity in Indian states. It investigates complaints of human rights violations, acts of
negligence by public servants, and intervenes in court proceedings.

Key Aspects of the State Human Rights Commission

 Composition: Consists of a Chairperson (former Chief Justice or Judge of a High Court) and
two members, including one serving/former District Judge.

 Powers: Vested with the powers of a civil court, including issuing summons, examining
witnesses, and receiving evidence on affidavits.

 Functions: Investigates violations (suo motu or on petition), reviews constitutional

safeguards, recommends remedial measures, and promotes human rights awareness.

 Limitations: The commission generally cannot inquire into matters older than one year from
the date of occurrence.

 Appointments: Members are appointed by the Governor based on recommendations from a

committee led by the Chief Minister.

For example, the Tamil Nadu State Human Rights Commission was established on April
17, 1997. It is important to note that while most states have them, some states may not have
constituted their own commission.
Common Actions Taken

 Conducts on-site investigations into alleged violations.

 Recommends compensation or legal action against perpetrators.

 Intervenes in ongoing court proceedings involving human rights issues.

 Recommends the initiation of proceedings against guilty public servants.

3.7 TAMILNADU STATE HUMAN RIGHTS COMMISSION

The State Human Rights Commission (SHRC), Tamil Nadu is a statutory body
established to protect and promote human rights within the state. It functions under
the Protection of Human Rights Act, 1993.

Key Details

 Establishment: Constituted on April 17, 1997, under Section 21 of the Act.

 Headquarters: Located at "Thiruvarangam," 143, P.S. Kumarasamy Raja Salai (Greenways
Road), Raja Annamalai Puram, Chennai - 600028.

 Current Chairperson: Hon'ble Justice Thiru S. Manikumar.

 Primary Objective: To inquire into complaints of human rights violations or negligence by

public servants, either suo motu (on its own) or via petitions.

Functions and Powers

 Investigation: It has its own investigation wing headed by an officer of the rank of Inspector
General of Police to probe complaints.

 Civil Court Powers: While inquiring into complaints, the commission has the powers of a
civil court, including summoning witnesses and discovering documents.

 Recommendations: Upon finding a violation, it can recommend to the Government to

initiate prosecution or grant interim relief (compensation) to victims.

 Prison Visits: The commission is empowered to visit jails or other governmental detention
centers to study living conditions and recommend improvements.

How to File a Complaint

Complaints can be filed through the HRCNet Portal, a centralized system managed by the
National Informatics Centre.

 Contact Number: +91-44-2495 1484 / 2495 1495

 Email: [Link]@[Link]

 Official Website: [Link]

3.8 CONSTITUTION OF HUMAN RIGHT COURTS

Human Rights Courts in India are established by State Governments under Section 30 of
the Protection of Human Rights Act, 1993, to provide speedy trials for offenses violating
human rights. These courts are specified as a Court of Session in each district, created with
the concurrence of the Chief Justice of the respective High Court.

Key Aspects of Human Rights Courts Constitution:

 Statutory Basis: Established under Section 30 of The Protection of Human Rights Act, 1993.

 Purpose: Specifically for the speedy trial of offences arising out of violations of human
rights.
 District Level: State Governments specify a Court of Session in each district to function as a
Human Rights Court.

 Special Public Prosecutor: Under Section 31, the State Government appoints an advocate as
a Special Public Prosecutor for these courts, who must have at least seven years of practice.

 Jurisdiction: They handle criminal cases involving human rights violations, independent of
the recommendatory role of the National Human Rights Commission (NHRC).

These courts differ from the National Human Rights Commission and State Human Rights
Commissions, which are investigative bodies, by acting as judicial bodies authorized to
punish offenders