INTRODUCTION TO HUMAN RIGHTS

GE-13 | Bachelor's Programme | Semester VI

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UNIT 1: Introduction to Human Rights

1A. Definition and Nature of Human Rights

Definition
Human rights are the basic rights and freedoms that belong to every person in the world from birth
until death. They apply regardless of nationality, sex, national or ethnic origin, colour, religion, or any
other status. They can never be taken away, though they may be restricted in certain circumstances
(e.g., by law for public order or national security).

United Nations Human rights are rights inherent to all human beings, whatever our
nationality, place of residence, sex, national or ethnic origin, colour,
religion, language, or any other status.
Jack Donnelly Human rights are the rights one has simply because one is a human
being. They are held equally by all, inalienably, and universally.
Maurice Cranston A human right is something of which no one may be deprived without
a grave affront to justice.

Nature / Characteristics of Human Rights

• Universal: Apply to all human beings everywhere regardless of nationality, race, gender,
religion, or any status.
• Inalienable: Cannot be surrendered, forfeited, or transferred. They exist even if not
recognised by law.
• Indivisible and Interdependent: All rights — civil, political, economic, social — are of equal
importance. Violation of one affects others.
• Non-discriminatory: Must be applied without distinction of any kind.
• Inherent: Based on human dignity — not on government grants or legal texts.
• Imprescriptible: Rights cannot be lost even if a person fails to exercise them for a long time.
• Inviolable: States cannot arbitrarily override them even in emergencies (with very limited
exceptions under ICCPR Article 4).

EXAM TIP: For an 18-mark question: Define human rights using at least 2 scholars, discuss 6-7
characteristics with brief examples, and conclude with their significance in democratic governance.

1B. Historical Development of Human Rights

Ancient Origins
The idea that people have inherent rights predates modern law. The Code of Hammurabi
(Mesopotamia, ~1754 BCE) is the earliest written legal code. The Cyrus Cylinder (539 BCE, Persia)
freed slaves and declared religious freedom — sometimes called humanity's first human rights
charter. Hindu, Buddhist, Islamic, and other civilisational traditions also contain precursors to human
rights norms.

Magna Carta, 1215 (England)

The Magna Carta (Great Charter) was signed by King John under pressure from rebellious barons. It
is a landmark in constitutional history.
• Core Principle: The king is NOT above the law — first formal limitation on arbitrary royal
power.
• Clause 39: 'No free man shall be seized, imprisoned, stripped of his rights... except by the
lawful judgment of his equals or by the law of the land.'
• Clause 40: 'To no one will we sell, to no one deny or delay right or justice.'
• Significance: Laid the foundation for due process, habeas corpus, and constitutional
government. Influenced all later rights documents.

English Bill of Rights, 1689

• Followed the Glorious Revolution (1688).
• Limited royal prerogative; established parliamentary supremacy.
• Protected: freedom of speech in Parliament, freedom from cruel and unusual punishment,
right to petition the monarch, free elections.

American Revolution and Bill of Rights (1776–1791)

Declaration of Independence (1776): 'We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain unalienable Rights, that among these are
Life, Liberty and the pursuit of Happiness.'
• Influenced by: John Locke (natural rights — life, liberty, property), Rousseau (social
contract), Montesquieu (separation of powers).
• American Bill of Rights (1791) — first 10 amendments: freedom of speech, religion, press,
assembly; right to fair trial; protection from arbitrary search and seizure.

French Revolution and Declaration of Rights of Man, 1789

The French Revolution produced the Declaration of the Rights of Man and of the Citizen (1789):
• 'Men are born and remain free and equal in rights.' (Article 1)
• Rights of liberty, property, security, and resistance to oppression.
• Principle of popular sovereignty — power lies with the people, not the monarch.
• Freedom of expression; protection from arbitrary arrest.
• Significance: More universal than Magna Carta or American rights — aspired to apply to
ALL men. Directly inspired the UDHR's universalist character.

20th Century Milestones

• League of Nations (1919): First international organisation. Introduced minority rights
protections; ILO established workers' rights.
 • World War II (1939-45): Nazi Holocaust and genocide demonstrated catastrophic
consequences of ignoring human rights — direct catalyst for modern international human
rights law.
• UN Charter (1945): Founded with human rights as a core purpose (Article 1 — promote and
encourage respect for human rights).
• UDHR (1948): Universal Declaration adopted on December 10, 1948 — landmark global
document (detailed in Unit 2).
• Cold War era: Led to two separate covenants in 1966 — West pushed civil-political rights;
Socialist bloc pushed economic-social rights.

EXAM TIP: Write in chronological order: Ancient → Magna Carta (1215) → English Bill of Rights
(1689) → American Declaration + Bill of Rights (1776-91) → French Declaration (1789) → League of
Nations (1919) → WWII → UDHR (1948). Each milestone: date, context, key provision, significance.

1C. Three Generations of Human Rights

The French jurist Karel Vasak (1977) classified human rights into three generations, corresponding
to the ideals of the French Revolution: Liberté (Liberty), Égalité (Equality), Fraternité (Fraternity).

First Generation: Civil and Political Rights (Liberty)

These are the oldest rights, protecting individuals from State abuse of power. They are negative rights
— requiring the State to refrain from action.
• Legal Basis: UDHR Articles 3-21; ICCPR (1966).
• Rights: Right to life; freedom from torture; freedom from slavery; freedom of speech, religion,
assembly; right to vote; right to fair trial; right to privacy; freedom of movement.
• Example: No government may imprison you without trial; you may freely express your
opinion.

Second Generation: Economic, Social and Cultural Rights (Equality)

Emerged in the 20th century. Rooted in socialist traditions. Positive rights — requiring the State to
act and provide services.
• Legal Basis: UDHR Articles 22-27; ICESCR (1966).
• Rights: Right to work and fair wages; right to education; right to health; right to social
security; adequate standard of living; right to cultural participation.
• Progressive Realisation: States must fulfil these 'to the maximum of available resources' —
acknowledging developmental constraints.
• Example: Government must provide free primary education; minimum wage must ensure
dignified living.

Third Generation: Solidarity / Collective Rights (Fraternity)

Emerged post-1960s, championed by newly independent developing nations. These are group or
collective rights rather than individual rights.
• Legal Basis: UN Declaration on Right to Development (1986); various UN resolutions.
 • Rights: Right to self-determination; right to development; right to a healthy environment;
right to peace; right to share in the global commons; right to humanitarian assistance.
• Example: A colonised people's right to independence; indigenous peoples' right to their
ancestral land.
• Criticism: Often vague, not legally binding, can conflict with individual rights.

Feature 1st Generation 2nd Generation 3rd Generation

French Ideal Liberty (Liberté) Equality (Égalité) Fraternity (Fraternité)
Nature Negative (State restraint) Positive (State action) Collective
(Group/peoples)
Legal Instrument ICCPR (1966) ICESCR (1966) UN Declarations (non-
binding)
Examples Free speech, Right to vote Right to education, Health Self-determination,
Development

EXAM TIP: Always mention Karel Vasak (1977) as originator. Distinguish: negative vs positive rights;
justiciable vs aspirational. The table above can be drawn in the exam answer book for clarity.
UNIT 2: International Human Rights Framework

2A. Universal Declaration of Human Rights (UDHR), 1948

Background
After the horrors of World War II and the Holocaust (in which 6 million Jews and millions of others
were systematically murdered by Nazi Germany), the international community resolved that such
atrocities must never recur. The United Nations was founded in 1945. The Commission on Human
Rights, chaired by Eleanor Roosevelt (USA), drafted the UDHR. It was adopted by the UN General
Assembly on December 10, 1948, in Paris — a date now observed as International Human Rights
Day worldwide.
Vote: 48 in favour, 0 against, 8 abstentions (Soviet bloc nations, South Africa, Saudi Arabia).

Historical Significance
• First universal, global recognition that human rights apply to ALL persons everywhere —
transcending national boundaries.
• Not legally binding (it is a Declaration, not a Treaty) — but has immense moral and political
authority.
• Described by Eleanor Roosevelt as the 'International Magna Carta of all mankind.'
• Foundation for two binding treaties: ICCPR (1966) and ICESCR (1966) — together these
three form the 'International Bill of Human Rights.'
• Influenced over 90 national constitutions, including the Indian Constitution (1950).
• December 10 = International Human Rights Day (celebrated globally).

Structure of the UDHR — 30 Articles

Preamble Recognises 'inherent dignity and inalienable rights of all members of
the human family' as the foundation of freedom, justice and peace in
the world.
Articles 1-2 Foundational: All humans born free and equal in dignity and rights; no
discrimination of any kind.
Articles 3-11 Civil rights: Right to life, liberty, security; freedom from slavery;
freedom from torture; right to legal recognition; equality before law;
right to fair trial; presumption of innocence.
Articles 12-17 Individual civil rights: Right to privacy; freedom of movement; right to
nationality; right to marry; right to own property.
Articles 18-21 Political freedoms: Freedom of thought, conscience, religion; freedom
of opinion and expression; freedom of peaceful assembly; right to
participate in government.
Articles 22-27 Economic, social, cultural rights: Right to social security; right to work
and fair pay; right to rest and leisure; right to adequate standard of
living; right to education; right to participate in cultural life.
 Articles 28-30 Structural: Right to a social and international order enabling rights;
duties to community; prohibition of using UDHR to destroy others'
rights.

EXAM TIP: UDHR questions: Discuss WWII context, Eleanor Roosevelt's role, structure of 30 Articles
(civil-political: 3-21; economic-social-cultural: 22-27), non-binding but persuasive nature, and its
influence on the Indian Constitution. 'International Magna Carta' quote is essential.

2B. Major UN Conventions

The International Bill of Human Rights
The UDHR (1948) + ICCPR (1966) + ICESCR (1966) together constitute the 'International Bill of
Human Rights' — the cornerstone of international human rights law.

1. ICCPR — International Covenant on Civil and Political Rights, 1966

Adopted by the UN General Assembly on 16 December 1966; entered into force 23 March 1976.
Transforms civil and political rights of the UDHR into legally binding treaty obligations.
• Key Rights: Right to life (Article 6); prohibition of torture (Article 7); prohibition of slavery
(Article 8); liberty and security of person (Article 9); fair trial (Article 14); privacy (Article 17);
freedom of thought, conscience, religion (Article 18); freedom of expression (Article 19); right
to vote (Article 25); protection of minorities (Article 27).
• Derogation Clause (Article 4): In public emergency threatening the life of the nation, certain
rights may be suspended — BUT rights like right to life, prohibition of torture, prohibition of
slavery are non-derogable.
• Monitoring Body: Human Rights Committee (18 independent experts) — states submit
periodic reports.
• Optional Protocol 1: Allows individuals to file complaints against their own government.
• Optional Protocol 2: Abolition of the death penalty.
• India: Ratified ICCPR in 1979. Has NOT accepted Optional Protocol 1.

2. ICESCR — International Covenant on Economic, Social and Cultural Rights, 1966

Adopted simultaneously with ICCPR on 16 December 1966; entered into force 3 January 1976.
• Key Rights: Self-determination (Article 1); right to work and just conditions (Articles 6-7);
right to form trade unions (Article 8); right to social security (Article 9); protection of family
(Article 10); right to adequate food, clothing, housing (Article 11); right to health (Article 12);
right to education — free and compulsory primary education (Articles 13-14); right to cultural
life and science (Article 15).
• Progressive Realisation (Article 2): States must fulfil rights 'to the maximum of its available
resources' — unlike ICCPR's immediate obligations.
• Monitoring Body: Committee on Economic, Social and Cultural Rights (CESCR).
• India: Ratified ICESCR in 1979.
3. CEDAW — Convention on Elimination of All Forms of Discrimination Against
Women, 1979
Adopted in 1979; entered into force 1981. Often called the 'International Bill of Rights for Women.'
• Definition: Discrimination against women = 'any distinction, exclusion or restriction made on
the basis of sex which has the effect or purpose of impairing or nullifying the recognition,
enjoyment or exercise by women... of human rights.'
• Key Obligations: Equal rights in education, employment, healthcare, political life; equality in
marriage; right to nationality; elimination of gender stereotypes and prejudices.
• Monitoring: CEDAW Committee (23 independent experts).
• India: Ratified in 1993 with reservations on Articles 5(a) and 16(1) relating to gender
stereotypes and equal rights in marriage.

4. CRC — Convention on the Rights of the Child, 1989

Adopted in 1989. Most widely ratified human rights treaty in history (196 countries). Defines 'child' as
any person below 18 years.
• Four Core Principles: (i) Non-discrimination; (ii) Best interests of the child; (iii) Right to life,
survival and development; (iv) Respect for the views of the child.
• Key Rights: Protection from abuse and neglect; right to education; right to play; protection
from child labour and exploitation; right to family life; right to health.
• Monitoring: Committee on the Rights of the Child.
• India: Ratified in 1992. Led to: RTE Act 2009, POCSO Act 2012, Juvenile Justice Act 2015,
NCPCR.

5. CAT — Convention Against Torture, 1984

Adopted in 1984; entered into force 1987.
• Definition of Torture: 'Any act by which severe pain or suffering, whether physical or mental,
is intentionally inflicted on a person' for purposes such as obtaining information, punishment,
intimidation, or discrimination by or with the consent of a public official.
• Absolute Prohibition: No exceptional circumstances whatsoever — including war, political
instability, or public emergency — may justify torture.
• Non-refoulement (Article 3): States must not expel or return a person to a country where
there are substantial grounds to believe they would be in danger of torture.
• Monitoring: Committee Against Torture.
• India: Has NOT ratified the CAT — a significant gap in India's human rights commitments.

6. CERD — Convention on Elimination of All Forms of Racial Discrimination, 1965

The oldest major UN human rights convention, adopted in 1965; entered into force 1969.
• Definition: Racial discrimination = 'any distinction, exclusion, restriction or preference based
on race, colour, descent, or national or ethnic origin' which impairs human rights.
• Obligations: Prohibit racial segregation and apartheid; prohibit hate speech based on race;
ensure equality before law; protect racial minorities.
• Monitoring: Committee on the Elimination of Racial Discrimination.
 • India: Ratified CERD in 1968. Article 15 of Indian Constitution prohibits discrimination on
grounds of religion, race, caste, sex.

Convention Year Covers India's Status

ICCPR 1966 Civil & Political Rights Ratified 1979
ICESCR 1966 Economic, Social, Cultural Rights Ratified 1979
CEDAW 1979 Women's Rights Ratified 1993 (with
reservations)
CRC 1989 Children's Rights Ratified 1992
CAT 1984 Prohibition of Torture NOT Ratified
CERD 1965 Racial Discrimination Ratified 1968

EXAM TIP: For each convention remember: Full name + year adopted + year in force + key provisions
+ monitoring body + India's status. ICCPR + ICESCR + UDHR = International Bill of Human Rights.
India has NOT ratified CAT and Refugee Convention — important exam fact.

2C. UN Human Rights Bodies

1. Human Rights Council (HRC)
Established in 2006 by UN General Assembly Resolution 60/251, replacing the Commission on
Human Rights (which had lost credibility by allowing serious rights-violating states as members).
Intergovernmental body, based in Geneva, consisting of 47 UN Member States elected by the
General Assembly for 3-year terms.
• Universal Periodic Review (UPR): HRC's flagship mechanism — reviews human rights
records of ALL 193 UN member states every 4.5 years. India has undergone UPR in 2008,
2012, 2017, and 2022.
• Special Procedures: Independent experts — Special Rapporteurs and Working Groups —
mandated on thematic issues (torture, freedom of expression, extreme poverty, etc.) or
country-specific situations.
• Complaint Procedure: Resolution 5/1 (2007) — allows individuals and organisations to bring
consistent patterns of gross violations to HRC's attention.
• Criticism: Politicised body; powerful states avoid scrutiny; rights-violating states are elected
as members; resolutions not legally binding.

2. OHCHR — Office of the High Commissioner for Human Rights

Principal UN office mandated to promote and protect human rights globally. Part of the UN
Secretariat. Headed by the UN High Commissioner for Human Rights (appointed by the Secretary-
General and approved by the General Assembly). Headquartered in Geneva with field offices
worldwide.
• Functions: Provides secretariat support to treaty bodies and HRC Special Procedures; gives
technical assistance to states; conducts field operations in conflict zones; publishes reports
and fact-finding missions.
 • Role in India: OHCHR has issued statements on freedom of expression, treatment of
minorities, and has commented on CAA-NRC concerns in India.

EXAM TIP: Distinguish: HRC is a political intergovernmental body (47 states). OHCHR is a UN
Secretariat office (expert technical body). UPR is HRC's main mechanism — all 193 states reviewed
every 4.5 years.
UNIT 3: Human Rights in the Indian Context

3A. Fundamental Rights and Directive Principles of State Policy

Overview
India's Constitution (in force from January 26, 1950) is one of the most rights-conscious constitutions
in the world. It contains: Part III (Articles 12-35) — Fundamental Rights (FRs) — justiciable and
enforceable by courts; and Part IV (Articles 36-51) — Directive Principles of State Policy (DPSPs) —
non-justiciable guidelines for governance. Together they establish a comprehensive human rights
framework.

Fundamental Rights (Part III)

1. Right to Equality (Articles 14-18):
• Article 14: Equality before law and equal protection of laws — no person shall be denied
equality before law. (Mirrors UDHR Article 7)
• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, place of
birth.
• Article 16: Equality of opportunity in public employment.
• Article 17: Abolition of Untouchability — historic social justice provision; offences punishable
under Protection of Civil Rights Act 1955.
• Article 18: Abolition of titles (except military/academic honours).

2. Right to Freedom (Article 19):

• Six freedoms: (a) speech and expression; (b) peaceful assembly; (c) form
associations/unions; (d) free movement within India; (e) reside anywhere in India; (g)
practise any profession/trade/business.
• These are subject to reasonable restrictions in interests of sovereignty, security, public
order, morality, etc.

3. Right to Life and Personal Liberty (Article 21):

'No person shall be deprived of his life or personal liberty except according to procedure established
by law.' This is the most expansively interpreted fundamental right in Indian constitutional history.
• Maneka Gandhi v. Union of India (1978): 'Procedure established by law' must be fair, just,
and reasonable — not any arbitrary procedure.
• Scope of Article 21 expanded by Supreme Court to include: Right to livelihood (Olga Tellis,
1985); Right to health (Paschim Banga, 1996); Right to shelter; Right to food; Right to clean
environment (M.C. Mehta, 1987); Right to privacy (K.S. Puttaswamy v. Union of India, 2017
— 9-judge bench); Right to die with dignity — passive euthanasia (Common Cause, 2018).

4. Right to Education (Article 21A):

• Added by 86th Constitutional Amendment, 2002.
• Free and compulsory education for all children aged 6-14 years.
• Operationalised through Right to Education Act (RTE Act), 2009.
5. Rights Against Exploitation (Articles 23-24):
• Article 23: Prohibition of human trafficking and forced labour (begar).
• Article 24: Prohibition of child labour in factories, mines, and other hazardous employment
(children below 14 years).

6. Rights to Freedom of Religion (Articles 25-28):

• Freedom of conscience, and free profession, practice, and propagation of religion.
• Freedom to manage religious affairs.

7. Cultural and Educational Rights (Articles 29-30):

• Minorities may conserve their language, script, culture.
• Minorities have right to establish and administer educational institutions.

8. Right to Constitutional Remedies (Article 32):

Dr. B.R. Ambedkar called Article 32 the 'heart and soul of the Constitution' — without this,
fundamental rights would be meaningless. It gives every person the right to move the Supreme Court
for enforcement of fundamental rights through constitutional writs.

The Five Constitutional Writs

Habeas Corpus 'You shall have the body' — requires producing a detained person
before court. Protects against illegal detention. Most important writ for
liberty.
Mandamus 'We command' — directs a public authority to perform a legal duty it
has refused to perform.
Prohibition Superior court directs inferior court/tribunal to stop acting beyond its
jurisdiction.
Certiorari Superior court quashes orders of inferior courts/tribunals made
beyond jurisdiction or violating natural justice.
Quo Warranto 'By what authority' — challenges the legal basis of a person's claim to
hold a public office.

Directive Principles of State Policy (Part IV — Articles 36-51)

DPSPs are guidelines to the Central and State governments for establishing a just social order. They
are non-justiciable — cannot be enforced by courts — but are fundamental to governance. Inspired
by the Irish Constitution and the concept of 'instrumental goals.' Supreme Court: DPSPs and FRs are
complementary and must be harmoniously construed (Minerva Mills v. Union of India, 1980).

Categories of DPSPs:
• Socialistic DPSPs (Articles 38, 39, 41, 42, 43, 47): Minimise inequalities; right to adequate
means of livelihood; equal pay for equal work; maternity relief; living wage; public health.
 • Gandhian DPSPs (Articles 40, 43, 43B, 46, 47, 48): Panchayati Raj; cottage industries;
welfare of SCs and STs; prohibition of intoxicating drinks; cattle preservation.
• Liberal-Intellectual DPSPs (Articles 44, 45, 48A, 49, 50, 51): Uniform Civil Code; early
childhood care; protection of environment; separation of judiciary from executive; promotion
of international peace and security.

EXAM TIP: Classify FRs under Article numbers. Highlight expanded Article 21 with cases. Explain five
writs. Discuss three categories of DPSPs. Conclude: FRs + DPSPs = two wheels of the chariot of
human rights in India.

3B. Constitutional Remedies: Role of Judiciary and PIL

Judicial Role in Human Rights Protection
The Supreme Court (under Article 32) and High Courts (under Article 226) are the guardians of
Fundamental Rights. They can issue writs, declare laws unconstitutional, and give binding directions
to the government.
• Judicial Activism: Courts have expanded the scope of rights through expansive
interpretation and suo motu (on their own motion) action.
• Basic Structure Doctrine (Kesavananda Bharati, 1973): Parliament cannot amend the
Constitution so as to destroy its basic structure — fundamental rights are part of this
structure.

Public Interest Litigation (PIL)

PIL is one of India's most significant contributions to human rights jurisprudence globally. Developed
in the late 1970s by Justice P.N. Bhagwati and Justice V.R. Krishna Iyer through a series of
transformative decisions.
• Definition: A legal action instituted in a court of law for the enforcement of public interest, in
which the public or a class of the community has pecuniary interest or some interest by
which legal rights or liabilities are affected.
• Relaxed Locus Standi: Any citizen or organisation — and even a letter or postcard
addressed to the Chief Justice — can be treated as a PIL. The petitioner need not be
personally aggrieved.
• Purpose: To democratise access to justice; protect the poor and marginalised who cannot
afford traditional litigation.

Landmark PIL Cases:

• Hussainara Khatoon v. State of Bihar (1979): Plight of undertrial prisoners in Bihar jails.
Supreme Court declared right to speedy trial as part of Article 21. Led to release of
thousands of prisoners.
• Olga Tellis v. Bombay Municipal Corporation (1985): Right to livelihood of pavement
dwellers held to be part of Article 21.
• M.C. Mehta v. Union of India (1987): Pollution of Ganga river and closure of polluting
industries; right to clean environment read into Article 21.
• Vishaka v. State of Rajasthan (1997): Sexual harassment at workplace; SC laid down
Vishaka Guidelines (now replaced by POSH Act 2013).
 • Bandhua Mukti Morcha v. Union of India (1984): Bonded labour; Court directed release and
rehabilitation.
• Common Cause v. Union of India (2018): Right to die with dignity; passive euthanasia and
living will recognised.

Limitations of PIL:
• PIL misuse: Often used for publicity (frivolous PILs); courts now impose costs on misuse.
• Judicial overreach: Courts encroach on policy matters, undermining separation of powers.
• Delay: PIL cases also get stuck in judicial backlog.
• Not all vulnerable groups have equal access — PIL is still largely urban and elite-driven.

EXAM TIP: PIL is a high-probability 18-mark topic. Define it, mention Bhagwati and Krishna Iyer,
explain relaxed locus standi, give at least 4 landmark cases with year and right involved, then discuss
limitations for balanced analysis.

3C. Protection of Human Rights Act, 1993 — NHRC and SHRCs

Background
The Protection of Human Rights Act (PHRA), 1993 was enacted to give effect to India's international
human rights obligations. Passed in the aftermath of the Vienna World Conference on Human Rights
(1993) and India's ratification of ICCPR and ICESCR. It establishes the National Human Rights
Commission (NHRC) and State Human Rights Commissions (SHRCs).

National Human Rights Commission (NHRC)

Composition (Section 3):
• Chairperson: Retired Chief Justice of India.
• Members (4): At least two retired Supreme Court Judges; the other two should have
knowledge and practical experience in human rights.
• Ex-officio members: Chairpersons of National Commissions for Minorities, Scheduled
Castes, Scheduled Tribes, and Women.
• Appointed by: President of India on the recommendation of a 6-member committee chaired
by the Prime Minister.
• Tenure: 3 years or until age 70, whichever is earlier. Not eligible for reappointment.

Functions (Section 12):

• Inquire into complaints of violation of human rights or abetment thereof by State action, or
negligence in prevention by a public servant.
• Intervene in court proceedings involving human rights violations.
• Visit jails, remand homes, and other detention facilities; study conditions of inmates and
make recommendations.
• Review laws, constitutional provisions, and safeguards — recommend implementation
measures.
 • Study factors including terrorism, communal violence, and other factors impairing human
rights enjoyment.
• Spread human rights literacy through publications, media campaigns, and seminars.
• Encourage NGOs and institutions working in the field of human rights.

Powers (Section 13-18):

• Powers of a civil court — can summon witnesses, require document production, and receive
evidence.
• Can recommend to the government: payment of compensation/relief to victim; initiation of
proceedings for prosecution of the errant official; interim relief to complainant.
• Can approach the Supreme Court or High Court for directions in appropriate cases.

Limitations of NHRC:
• Recommendatory powers only — no binding authority; government may ignore
recommendations.
• Cannot investigate complaints older than one year from the date of the alleged violation.
• Cannot investigate complaints against Armed Forces directly — can only request a report
from the Central Government.
• Dependent on State Governments for implementation of recommendations.
• Lacks adequate investigative infrastructure; relies on police for investigations.

State Human Rights Commissions (SHRCs)

• Section 21 empowers State Governments to set up SHRCs by notification.
• Composition: Chairperson = Retired Chief Justice of a High Court; Members = Retired High
Court Judges.
• Jurisdiction: Limited to State List and Concurrent List subjects only.
• If a matter is pending before NHRC, SHRC cannot entertain the same complaint.
• Several states have active SHRCs: Maharashtra, West Bengal, Kerala, Himachal Pradesh,
Assam, Madhya Pradesh, etc.

EXAM TIP: NHRC composition, functions, powers, and limitations is a standard 18-mark question.
Key fact: Chair = Retired CJI; NHRC has only recommendatory powers; cannot investigate armed
forces directly; complaints must be filed within one year.

3D. Role of Civil Society and Media in Human Rights Promotion

Civil Society
Civil society refers to the sphere of voluntary civic and social organisations and institutions outside
the State and family — including NGOs, trade unions, religious bodies, academic institutions, social
movements, and community groups.
• Monitoring and Documentation: Systematically document and report human rights violations.
Example: People's Union for Civil Liberties (PUCL), People's Union for Democratic Rights
(PUDR), Human Rights Watch India reports.
 • Advocacy and Lobbying: Advocate before parliament, courts, and international forums for
policy and legislative change.
• Public Interest Litigation: File PILs in courts on behalf of victims and vulnerable
communities. Example: Human Rights Law Network (HRLN).
• Awareness and Education: Conduct workshops, produce materials, train communities about
their rights.
• Service Delivery: Provide legal aid, medical support, shelter, and rehabilitation to victims.
• Global Examples: Amnesty International, Human Rights Watch, International Federation for
Human Rights (FIDH).
• India Examples: SEWA (Self-Employed Women's Association — rights of informal sector
women workers), Bachpan Bachao Andolan (Kailash Satyarthi — against child labour),
Mazdoor Kisan Shakti Sangathan (MKSS — Right to Information movement).

Role of Media
The media (print, electronic, digital, and social media) functions as the 'Fourth Estate' — an unofficial
pillar of democracy holding State and non-State actors accountable.
• Watchdog Function: Investigates and exposes corruption, police brutality, caste
discrimination, environmental violations.
• Agenda Setting: Forces marginalised issues into the mainstream public discourse and
government attention.
• Enabling PIL: Numerous landmark PIL cases were triggered by media reports — courts
have taken suo motu cognizance of newspaper reports.
• Examples: Nirbhaya rape case (December 2012) — sustained media pressure led to
Criminal Law Amendment Act 2013; Bhopal Gas Tragedy — media coverage mobilised
global action; Media exposés on manual scavenging pushed for stronger legislation.

Limitations of Media:
• Paid news and corporate ownership compromise editorial independence.
• Sensationalism and selective coverage — only high-profile cases get attention.
• Media trials — prejudging accused, violating the presumption of innocence.
• Restrictions on press freedom in conflict areas (Jammu & Kashmir, Northeast India).

EXAM TIP: Civil society and media are often combined in one 18-mark question. Give examples of
organisations and specific cases for both. Limitations show analytical balance. Mention RTI Act 2005
as an example where civil society advocacy (MKSS) led to a landmark law.
UNIT 4: Contemporary Issues — World and India

4A. Rights of Vulnerable Groups

Vulnerable groups are those who face heightened risk of human rights violations due to structural
inequalities, historical discrimination, or specific conditions of vulnerability. The UN human rights
system has developed specific frameworks for each group.

1. Rights of Women
Despite constituting half of humanity, women remain among the most systematically discriminated-
against groups worldwide, facing gender-based violence, political exclusion, economic
marginalisation, and social stigma.
• International Framework: CEDAW (1979); Beijing Platform for Action (1995); SDG 5
(Gender Equality, 2015).
• Indian Constitutional Provisions: Articles 14, 15(1), 15(3), 16, 21, 39(a)-(d), 42, 51A(e).
• Key Indian Legislation: Dowry Prohibition Act 1961; Equal Remuneration Act 1976;
Maternity Benefit Act 1961 (amended 2017); Protection of Women from Domestic Violence
Act 2005; Sexual Harassment of Women at Workplace (Prevention, Prohibition and
Redressal) Act 2013 (POSH Act); Nirbhaya Fund 2013.
• Muslim Women (Protection of Rights on Marriage) Act 2019: Criminalised instant triple talaq
— a landmark reform.
• Key Issues: Gender-based violence; sexual harassment; dowry deaths; honour killings;
gender pay gap; low political representation; trafficking.

2. Rights of Children
Children are particularly vulnerable due to their age, dependency on adults, and limited ability to
articulate or enforce their own rights.
• International Framework: CRC (1989) — 4 core principles: non-discrimination; best interests
of child; right to life and development; respect for views of child.
• Indian Constitutional Provisions: Article 21A (right to education); Article 24 (prohibition of
child labour below 14 years); Article 39(e)-(f) (DPSP protecting children from exploitation);
Article 45 (early childhood care).
• Key Indian Legislation: Right to Education Act (RTE Act) 2009; Child Labour (Prohibition
and Regulation) Act 1986 (amended 2016); Protection of Children from Sexual Offences Act
(POCSO Act) 2012; Juvenile Justice (Care and Protection of Children) Act 2015.
• NCPCR: National Commission for Protection of Child Rights established under
Commissions for Protection of Child Rights Act 2005.
• Nobel Peace Prize 2014: Kailash Satyarthi (Bachpan Bachao Andolan) — recognised for
work against child labour in India.

3. Rights of Dalits (Scheduled Castes)

Dalits — formerly termed 'Untouchables' — face deep-rooted, structural caste-based discrimination
extending across all spheres of life: economic, social, cultural, and political.
• Constitutional Protections: Article 17 (Abolition of Untouchability — a penal offence); Articles
15(4) and 16(4) (reservation provisions); Article 46 (DPSP — promote educational and
economic interests of SCs/STs).
• Key Legislation: Protection of Civil Rights Act 1955; Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act 1989 (amended 2016 to strengthen provisions) —
commonly called the SC/ST Atrocities Act.
• Key Issues: Manual scavenging; caste-based violence (e.g., Khairlanji massacre,
Maharashtra, 2006); discrimination in education; segregation in access to public spaces;
labour exploitation.
• NHRC regularly reports on increasing atrocities against Dalits — calls for stronger law
enforcement.

4. Rights of Tribals / Adivasis (Scheduled Tribes)

India has over 700 tribal communities comprising approximately 8.6% of the population. They face
displacement, loss of land, forest rights denial, and cultural erosion.
• International Framework: ILO Convention No. 169 (1989) on Indigenous and Tribal Peoples
— India has NOT ratified; UN Declaration on Rights of Indigenous Peoples (UNDRIP, 2007)
— India abstained.
• Indian Constitutional Provisions: 5th Schedule (governance of scheduled areas) and 6th
Schedule (tribal areas of Northeast India); Article 244; PESA Act 1996 (Panchayats
Extension to Scheduled Areas).
• Key Legislation: Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act 2006 — recognises rights of forest-dwelling communities over forest land;
reverses historical injustice of colonial forest laws.
• Key Issues: Land displacement by development projects (dams, mines, industrial projects);
loss of traditional knowledge and cultural identity; low literacy and healthcare access.
• Case Study: Narmada Bachao Andolan — displacement of tribals by Sardar Sarovar Dam
project; SC case on right to rehabilitation before displacement.

5. Rights of LGBTQ+ Persons

LGBTQ+ persons face discrimination, violence, and criminalisation globally. In India, a landmark legal
transformation has taken place recently.
• Navtej Singh Johar v. Union of India (2018): 5-judge Constitutional Bench of the Supreme
Court unanimously struck down Section 377 IPC (criminalising consensual same-sex
relations between adults) as unconstitutional. Historic verdict — ruled on grounds of dignity,
autonomy, privacy, and equality.
• K.S. Puttaswamy v. Union of India (2017): 9-judge bench recognised right to privacy
including sexual orientation as a fundamental right under Article 21.
• Transgender Persons (Protection of Rights) Act 2019: Prohibits discrimination; recognises
right to self-perceived gender identity; establishes National Council for Transgender
Persons.
• Supriyo v. Union of India (2023): SC declined to recognise same-sex marriage — ruled by
3:2 majority that it is for Parliament to decide. Several judges recognised queer rights to
cohabit, adopt, and be free from discrimination.
 • International: Yogyakarta Principles (2006) — on application of international human rights
law to sexual orientation and gender identity.

6. Rights of Persons with Disabilities (PwD)

Persons with disabilities face physical, attitudinal, and structural barriers to full and equal participation
in society.
• International Framework: UN Convention on Rights of Persons with Disabilities (CRPD,
2006) — India ratified in 2007. Based on social model of disability — disability arises from
interaction between impairment and attitudinal/environmental barriers.
• Key Indian Legislation: Rights of Persons with Disabilities (RPD) Act 2016 — expands
definition of disability from 7 to 21 types; mandates 5% reservation in government
establishments; 5% reservation in higher education; prohibition of discrimination; promotes
accessibility in public spaces and transport; special attention to women with disabilities.
• Key Issues: Physical inaccessibility of buildings and transport; digital inaccessibility;
discrimination in employment and education; social stigma.

7. Rights of Refugees
Refugees are persons who flee their country due to well-founded fear of persecution based on race,
religion, nationality, political opinion, or membership in a particular social group.
• International Framework: Refugee Convention 1951 and Protocol 1967 — India has NOT
ratified either. This is a major gap.
• Non-refoulement: Core principle — a state must not return a refugee to a territory where
they face serious threats to life or freedom.
• India's Approach: No dedicated domestic refugee law. Government handles through
Foreigners Act 1946 on ad hoc basis. India has hosted Tibetan refugees (since 1959), Sri
Lankan Tamil refugees, Afghan refugees, and has received large numbers of Rohingya and
Bangladeshi migrants.
• Rohingya Refugees: Fled Myanmar (Rakhine State) — ethnic cleansing. Government
sought to deport them; Supreme Court cases ongoing. UNHCR has registered many; India's
non-ratification of Refugee Convention complicates their protection.

8. Rights of Manual Scavengers

Manual scavenging refers to the practice of manually cleaning, carrying, or disposing of human
excreta from dry latrines, open drains, septic tanks, and sewers. It is practised almost exclusively by
Dalit communities — intersecting caste and class oppression.
• Legal Prohibition: Employment of Manual Scavengers and Construction of Dry Latrines
(Prohibition) Act 1993 (largely unenforced); Prohibition of Employment as Manual
Scavengers and their Rehabilitation Act 2013 — comprehensive rehabilitation framework.
• Safai Karamchari Andolan v. Union of India (2014): Supreme Court held continued practice
violates Articles 14, 17, 21 and 23 of the Constitution. Directed States to identify and
rehabilitate all manual scavengers.
• Sewer Deaths: Despite the 2013 Act, hundreds of sanitation workers die each year cleaning
sewers without protective gear. National Commission for Safai Karamcharis monitors this.
• Key Issue: Implementation gap — political will and enforcement remain weak; caste
prejudice perpetuates the practice.
9. Rights of Prisoners
Prisoners are among the most vulnerable groups — stripped of liberty, isolated from public scrutiny,
and dependent on the State for all basic needs. The Constitution and Supreme Court have affirmed
that conviction does not strip a person of their fundamental humanity.
• Constitutional Protection: Articles 14, 19(partial), 21, 22 apply to prisoners. Right to dignity,
fair treatment, and basic necessities.
• Key Cases: Hussainara Khatoon v. State of Bihar (1979) — right to speedy trial; undertrial
prisoners cannot be held longer than the maximum sentence for their alleged offence;
Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981) — right to live with
human dignity including basic necessities; Sunil Batra v. Delhi Administration (1978) —
Supreme Court can enforce prisoners' rights through writ jurisdiction.
• Prison Statistics: India's prisons operate at over 118% capacity (National Crime Records
Bureau 2022). Over 75% of prisoners are undertrials — presumed innocent but languishing
in jail.
• Prison Reforms: Model Prison Manual 2016; Supreme Court Committee on Prison Reforms;
e-Prisons portal; open prisons experiment.

Vulnerable Group Key International Instrument Key Indian Law / Landmark Case
Women CEDAW (1979) POSH Act 2013; DVA 2005; Triple Talaq Act
2019
Children CRC (1989) RTE Act 2009; POCSO Act 2012; JJ Act 2015
Dalits CERD (1965) SC/ST Atrocities Act 1989 (amend. 2016)
Tribals UNDRIP (2007) Forest Rights Act 2006; PESA Act 1996
LGBTQ+ Yogyakarta Principles (2006) Navtej Singh Johar (2018); TPRA 2019
Persons with CRPD (2006) RPD Act 2016
Disabilities
Refugees Refugee Convention 1951 No dedicated law (India not ratified)
Manual Scavengers ICESCR (1966) Manual Scavengers Act 2013; Safai
Karamchari Andolan (2014)
Prisoners ICCPR (1966); UN Standard Hussainara Khatoon (1979); Francis Coralie
Min. Rules (1981)

EXAM TIP: For 18-mark questions on vulnerable groups: choose 4-5 groups. Structure: (i) nature of
vulnerability, (ii) international framework, (iii) Indian constitutional/legal framework, (iv) landmark case,
(v) remaining challenges. Use statistics for impact.
APPENDIX: Exam Strategy and Quick Reference

How to Write an 18-Mark Answer

Section What to Include Length
Introduction Define the term, quote a scholar or legal 8-10 lines
provision, situate the topic, state your approach
Historical/Background Origin, development, key milestones with dates 10-12 lines
and context
Main Body Classified analysis with sub-headings, legal 25-30 lines
provisions (Article numbers), cases (year +
outcome), examples
Critical Analysis Achievements, limitations, contemporary 8-10 lines
challenges, data/statistics
Conclusion Summary, forward-looking statement, 5-6 lines
significance, closing quote if possible

Essential Scholars and Their Contributions

John Locke (1632- Natural rights theory: life, liberty, property exist prior to the State;
1704) State derives legitimacy from consent.
Karel Vasak (1977) Classified human rights into three generations: civil-political (1st),
economic-social-cultural (2nd), solidarity (3rd), linked to French
Revolution ideals.
Jack Donnelly Rights are held equally and universally simply by virtue of being
human — not granted by States.
Eleanor Roosevelt Chaired UDHR drafting; called it 'the international Magna Carta of all
mankind.'
Dr. B.R. Ambedkar Article 32 is the 'heart and soul of the Constitution' — right to
constitutional remedies.
Justice P.N. Bhagwati Father of PIL in India — democratised access to justice for the poor
and marginalised.
Justice V.R. Krishna Pioneer of PIL and socially progressive constitutional jurisprudence in
Iyer India.

Critical Dates for Human Rights

• 1215: Magna Carta — King John of England
• 1689: English Bill of Rights
• 1776: American Declaration of Independence — Jefferson drafts; Locke's influence
• 1789: French Revolution; Declaration of Rights of Man and Citizen
• 1791: American Bill of Rights (10 amendments to US Constitution)
• 1919: League of Nations founded; ILO established
• 1945: United Nations founded (UN Charter signed San Francisco)
• 10 December 1948: UDHR adopted by UNGA (now International Human Rights Day)
• 1966: ICCPR and ICESCR adopted by UNGA (entered into force 1976)
• 1965: CERD adopted
• 1979: CEDAW adopted; India ratified ICCPR & ICESCR
• 1984: CAT adopted
• 1989: CRC adopted
• 1992: India ratified CRC
• 1993: Protection of Human Rights Act, India; Vienna Declaration on Human Rights
• 2002: 86th Constitutional Amendment — Article 21A (Right to Education)
• 2006: Human Rights Council replaces Commission; CRPD adopted
• 2009: Right to Education Act, India
• 2013: POSH Act; Manual Scavengers Act; Nirbhaya Fund
• 2017: K.S. Puttaswamy — Right to Privacy (9-judge bench)
• 2018: Navtej Singh Johar — Section 377 struck down
• 2019: Triple Talaq Act; Transgender Persons Act

Best of Luck for Your Semester VI Examinations!

GE-13: Introduction to Human Rights | Political Science