Human Rights Law & Practice

Table of Contents

Module 1(a)(i) ....................................................................................................................................... 7

Human Rights in Their Historical Perspective – At International Level ....................................... 7
Introduction ........................................................................................................................................ 7
Early Philosophical Foundations ....................................................................................................... 7
Major Historical Milestones Leading to International Human Rights............................................... 7
Development of International Human Rights Post-World War II ..................................................... 8
International Human Rights Instruments ........................................................................................... 8
Role of International Human Rights Bodies ...................................................................................... 9
Judicial Recognition........................................................................................................................... 9
Conclusion ......................................................................................................................................... 9
Module 1(a)(ii) .................................................................................................................................... 10
Human Rights in their Historical Perspective – At National Level. ............................................. 10
Introduction ...................................................................................................................................... 10
Ancient Indian Traditions and Human Dignity ............................................................................... 10
Medieval and Colonial Period ......................................................................................................... 10
Human Rights and the Indian Constitution...................................................................................... 11
Directive Principles of State Policy (Part IV – Articles 36–51) ...................................................... 11
Statutory Framework and Human Rights Protection ....................................................................... 12
Role of Judiciary in Shaping Human Rights.................................................................................... 12
India’s Global Commitments ........................................................................................................... 12
Conclusion ....................................................................................................................................... 13
Module 1(b)......................................................................................................................................... 14
Concept, Meaning and Various Theories of Human Rights (Human Rights Jurisprudence) .... 14
Concept and Meaning of Human Rights .......................................................................................... 14
Theories of Human Rights ............................................................................................................... 14
Other Theoretical Perspectives ........................................................................................................ 15
Relevance to Indian Human Rights Jurisprudence .......................................................................... 15
Statutory Basis and Judicial Integration .......................................................................................... 16
Conclusion ....................................................................................................................................... 16
Module 2(a) ......................................................................................................................................... 17
Human Rights under the Constitution of India – Fundamental Rights

.............................................................................................................................................................. 17

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 Introduction ...................................................................................................................................... 17
Key Fundamental Rights as Human Rights ..................................................................................... 17
Widening Scope of Fundamental Rights as Human Rights ............................................................. 18
Conclusion ....................................................................................................................................... 18
Module 2(b)......................................................................................................................................... 19
Human Rights vis-à-vis Directive Principles under the Constitution of India ............................ 19
Introduction ...................................................................................................................................... 19
Nature of DPSPs and Their Human Rights Essence ........................................................................ 19
Judicial Interpretation and Integration with Fundamental Rights.................................................... 19
Legislative Implementation of DPSPs ............................................................................................. 20
DPSPs and International Human Rights Law .................................................................................. 20
Conclusion ....................................................................................................................................... 21
Module 3(a) ......................................................................................................................................... 22
Meaning of Human Rights under the Protection of Human Rights Act, 1993 ............................ 22
Introduction ...................................................................................................................................... 22
Statutory Definition of Human Rights (Section 2(1)(d)) ................................................................. 22
Significance of the Definition under the Act ................................................................................... 23
Human Rights and Judicial Interpretation ....................................................................................... 23
Rights Recognized under the Act .................................................................................................... 23
Limitations and Challenges.............................................................................................................. 24
Conclusion ....................................................................................................................................... 24
Module 3(b)......................................................................................................................................... 25
Human Rights Courts in India ......................................................................................................... 25
Introduction ...................................................................................................................................... 25
Statutory Basis: Section 30 of the Protection of Human Rights Act, 1993 ..................................... 25
Section 31 – Appointment of Special Public Prosecutor ................................................................. 25
Jurisdiction and Functioning ............................................................................................................ 26
Significance of Human Rights Courts ............................................................................................. 26
Challenges and Limitations.............................................................................................................. 26
Judicial Observations and Reform Suggestions ............................................................................... 26
Conclusion ....................................................................................................................................... 27
Module 4(a) ......................................................................................................................................... 28
National Human Rights Commission (NHRC) in India– Composition, Powers, and Functions28
Introduction ...................................................................................................................................... 28
Statutory Basis: Protection of Human Rights Act, 1993 ................................................................. 28

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 Composition of NHRC (Section 3) .................................................................................................. 28
Appointment (Section 4) .............................................................................................................. 28
Tenure (Section 6)........................................................................................................................ 29
Powers and Functions of NHRC (Section 12) ................................................................................. 29
Civil Court Powers (Section 13) ...................................................................................................... 30
Limitations ....................................................................................................................................... 30
Important Case Law ......................................................................................................................... 30
Conclusion ....................................................................................................................................... 30
Module 4(b)......................................................................................................................................... 31
State Human Rights Commissions in India – Composition, Powers, and Functions .................. 31
Introduction ...................................................................................................................................... 31
Statutory Basis: Sections 21 to 29 of the Protection of Human Rights Act, 1993 .......................... 31
Establishment of SHRCs – Section 21............................................................................................. 31
Composition of SHRC – Section 21 ................................................................................................ 31
Appointment Authority ................................................................................................................ 31
Tenure (Section 24).......................................................................................................................... 32
Powers and Functions – Section 29 ................................................................................................. 32
Civil Court Powers – Section 27...................................................................................................... 33
Limitations ....................................................................................................................................... 33
Importance of SHRCs ...................................................................................................................... 33
Conclusion ....................................................................................................................................... 33
Module 5(a) ......................................................................................................................................... 34
Judicial Response for the Protection and Enforcement of Human Rights Defined in the
Constitution of India .......................................................................................................................... 34
Introduction ...................................................................................................................................... 34
Constitutional Provisions as Human Rights .................................................................................... 34
Judicial Mechanisms for Enforcement............................................................................................. 34
Landmark Judicial Decisions ........................................................................................................... 35
Directive Principles and Judicial Interpretation ............................................................................... 35
Role of the Supreme Court and High Courts ................................................................................... 35
Significance of Judicial Activism .................................................................................................... 36
Conclusion ....................................................................................................................................... 36
Module 5(b)......................................................................................................................................... 37
Judicial Response for the Protection and Enforcement of Human Rights under the Protection of
Human Rights Act, 1993.................................................................................................................... 37

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 Introduction ...................................................................................................................................... 37
Statutory Framework: Protection of Human Rights Act, 1993........................................................ 37
Role of the Judiciary in Interpreting the Act ................................................................................... 37
Judicial Pronouncements Upholding the PHRA .............................................................................. 37
Enforcement of Commission Recommendations............................................................................. 38
Integration with International Norms............................................................................................... 38
Judicial Directions to Strengthen Human Rights Commissions ...................................................... 38
Challenges Identified by Judiciary................................................................................................... 39
Conclusion ....................................................................................................................................... 39
Module 6(a) ......................................................................................................................................... 40
Protection of Human Rights Relating to Scheduled Castes and Scheduled Tribes under the
Various Laws in India ....................................................................................................................... 40
Introduction ...................................................................................................................................... 40
Constitutional Safeguards ................................................................................................................ 40
The Protection of Civil Rights Act, 1955 (PCR Act) ...................................................................... 40
The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (PoA Act) ...... 41
Judicial Interpretations ..................................................................................................................... 41
Role of Law Enforcement and State Machinery .............................................................................. 42
International Context ....................................................................................................................... 42
Conclusion ....................................................................................................................................... 42
Module 6(b)......................................................................................................................................... 43
National Commission for Scheduled Castes and Scheduled Tribes .............................................. 43
Introduction ...................................................................................................................................... 43
Constitutional Basis ......................................................................................................................... 43
Composition of the Commissions .................................................................................................... 43
Functions and Powers ...................................................................................................................... 43
Powers of Civil Court ...................................................................................................................... 44
Significance of the Commissions..................................................................................................... 44
Reports and Recommendations........................................................................................................ 44
Challenges in Implementation ......................................................................................................... 44
Judicial Support ............................................................................................................................... 45
Conclusion ....................................................................................................................................... 45
Module 7(a) ......................................................................................................................................... 46
National Commission for Women in India ...................................................................................... 46
Introduction ...................................................................................................................................... 46

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 Statutory Basis ................................................................................................................................. 46
Composition of the Commission ..................................................................................................... 46
Objectives and Mandate ................................................................................................................... 46
Powers and Functions ...................................................................................................................... 47
Quasi-Judicial Powers...................................................................................................................... 47
Role in Advocacy and Legal Reform............................................................................................... 47
Limitations and Criticism ................................................................................................................ 48
Judicial Support ............................................................................................................................... 48
Conclusion ....................................................................................................................................... 48
Module 7(b)......................................................................................................................................... 49
National Commission for Protection of Child Rights (NCPCR) ................................................... 49
Introduction ...................................................................................................................................... 49
Statutory Basis ................................................................................................................................. 49
Definition of Child ........................................................................................................................... 49
Composition of the Commission (Section 3) ................................................................................... 49
Functions of the NCPCR (Section 13) ............................................................................................. 49
Powers of the Commission (Section 14–15).................................................................................... 50
Coordination with State Commissions ............................................................................................ 50
Role and Impact ............................................................................................................................... 51
Limitations ....................................................................................................................................... 51
Conclusion ....................................................................................................................................... 51

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 Module 1(a)(i)
Human Rights in Their Historical Perspective – At International Level

Introduction
The concept of human rights has evolved over centuries, deeply rooted in the struggle for justice,
dignity, and equality. Historically, human rights at the international level emerged through
philosophical evolution, revolutions, wars, and legal instruments aimed at limiting state power and
safeguarding individual freedoms. The development of these rights is a response to widespread abuses
and injustice and culminates in modern international human rights law.

Early Philosophical Foundations

The earliest ideas of rights can be traced to ancient civilizations. In India, texts like the Rigveda and
Manusmriti referred to duties and justice. In ancient Greece, philosophers like Socrates, Plato, and
Aristotle discussed natural law and moral duty.
The Roman concept of “jus naturale” (natural law) proposed that certain rights were inherent in
human nature. This tradition was strengthened in the Middle Ages by thinkers like St. Thomas
Aquinas, who asserted that divine law and natural rights must be respected by human laws.
The Enlightenment era brought about a significant transformation in the concept of human rights.
Thinkers such as John Locke argued that individuals have natural rights to life, liberty, and property,
which no government can infringe.

Major Historical Milestones Leading to International Human Rights

1. Magna Carta (1215) – England
Often considered a foundational document for constitutional law, the Magna Carta limited the absolute
power of the monarchy and established the principle that no one is above the law, laying early
groundwork for legal rights.
2. English Bill of Rights (1689)
It provided a legal basis for certain civil and political rights, including freedom from cruel punishment
and the right to petition the government.
3. American Declaration of Independence (1776)
Drafted by Thomas Jefferson, this document emphasized "unalienable rights" to life, liberty, and the
pursuit of happiness.
4. French Declaration of the Rights of Man and of the Citizen (1789)
Proclaimed liberty, property, security, and resistance to oppression as fundamental human rights.

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 Development of International Human Rights Post-World War II
The 20th century, especially the aftermath of World War II, marked a turning point. Widespread
atrocities, including the Holocaust, spurred a global movement to establish a framework for the
protection of human rights beyond national boundaries.
1. Charter of the United Nations (1945)
Adopted after WWII, the UN Charter laid the foundation for international cooperation on human
rights. Article 1(3) states one of the UN’s purposes is “to promote and encourage respect for human
rights and for fundamental freedoms.”
2. Universal Declaration of Human Rights (UDHR), 1948
A landmark document adopted by the United Nations General Assembly on 10 December 1948, the
UDHR is the cornerstone of modern international human rights law. It includes:
 Civil and political rights (e.g., right to life, freedom of speech)
 Economic, social, and cultural rights (e.g., right to education, work, healthcare)
Though not legally binding, it has influenced many national constitutions and led to binding treaties.

International Human Rights Instruments

The UDHR was followed by numerous legally binding treaties, often referred to as the International
Bill of Human Rights:
1. International Covenant on Civil and Political Rights (ICCPR), 1966
Guarantees civil and political rights such as:
 Freedom of expression
 Right to fair trial
 Freedom of religion
India ratified the ICCPR in 1979.
2. International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
Protects rights such as:
 Right to education
 Right to work
 Right to health
India is a party to the ICESCR.
3. Other Specialized Treaties Include:
 Convention on the Elimination of All Forms of Racial Discrimination (CERD), 1965

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  Convention on the Elimination of All Forms of Discrimination Against Women
(CEDAW), 1979
 Convention on the Rights of the Child (CRC), 1989
 Convention Against Torture (CAT), 1984

Role of International Human Rights Bodies

Key bodies involved in international human rights protection include:
 United Nations Human Rights Council (UNHRC)
 Office of the High Commissioner for Human Rights (OHCHR)
 International Court of Justice (ICJ)
 International Criminal Court (ICC) – for prosecution of individuals involved in war crimes,
genocide, and crimes against humanity.

Judicial Recognition
While international treaties are not directly enforceable in Indian courts unless incorporated into
domestic law, Indian judiciary has often referred to international human rights instruments in
interpreting constitutional rights. For example:
Vishaka v. State of Rajasthan (1997)
The Supreme Court relied on CEDAW to lay down guidelines for sexual harassment at the workplace,
filling the legislative vacuum.

Conclusion
The international development of human rights is a story of collective human effort to create a just
global order. From philosophical ideals to legally binding instruments, the evolution of international
human rights highlights the growing consensus that dignity and justice must be guaranteed for all. The
modern framework not only holds States accountable but also empowers individuals to seek redress.

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 Module 1(a)(ii)
Human Rights in their Historical Perspective – At National Level.

Introduction
The history of human rights in India reflects a blend of ancient cultural values, colonial experiences,
freedom struggle, and constitutionalism. While the modern legal framework of human rights was
formally codified post-independence, India has a long tradition of recognizing the dignity of human
life and respect for others. The Indian concept of human rights draws from spiritual philosophy, the
freedom movement, constitutional guarantees, and international commitments.

Ancient Indian Traditions and Human Dignity

India’s rich civilizational past shows deep respect for human life, truth, equality, and justice:
 Vedic scriptures, the Upanishads, and the Bhagavad Gita discuss concepts like Dharma
(duty), Nyaya (justice), and Ahimsa (non-violence).
 Ashoka’s Edicts (3rd century BCE) emphasized moral values, tolerance, non-violence, and
welfare of the people.
 The Mauryan and Gupta empires promoted policies aligned with public welfare and
protection of the weak.
Though not framed as "rights," these values laid a foundation for a societal order that valued human
dignity and ethical governance.

Medieval and Colonial Period

The medieval era saw the rise of various rulers and empires, with mixed impacts on individual
freedoms. In many instances, rulers granted religious and social freedoms, but there were also instances
of authoritarianism, forced conversions, and gender inequality.
The colonial period, especially under British rule, significantly eroded traditional rights and liberties.
The British administration prioritized imperial control over civil liberties:
Colonial Oppression:
 Regulation Acts, Rowlatt Act (1919) curtailed civil liberties.
 Denial of freedom of speech, press, association, and arbitrary arrests under sedition laws.
Indian Response:
India’s freedom struggle was inherently a human rights movement. The Indian National Congress
(INC) demanded civil liberties and human dignity:
 Nehru Report (1928) recommended a Bill of Rights for Indian citizens.

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  Karachi Resolution (1931) explicitly demanded fundamental rights like free speech, equality,
and the right to form associations.

Human Rights and the Indian Constitution

The culmination of centuries of struggle and ideals found expression in the Constitution of India,
1950.
A. Constituent Assembly Debates
The framers of the Constitution, led by Dr. B.R. Ambedkar, ensured the inclusion of fundamental
rights inspired by international declarations such as the Universal Declaration of Human Rights
(UDHR, 1948).
B. Part III – Fundamental Rights (Articles 12–35)
These are enforceable rights guaranteed to all citizens and sometimes non-citizens. Examples include:
 Right to Equality (Art. 14–18)
 Right to Freedom (Art. 19–22)
 Right against Exploitation (Art. 23–24)
 Right to Freedom of Religion (Art. 25–28)
 Cultural and Educational Rights (Art. 29–30)
 Right to Constitutional Remedies (Art. 32)
These rights are enforceable in the Supreme Court and High Courts under Articles 32 and 226
respectively.

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

While not enforceable, these reflect India’s commitment to economic and social rights, such as:
 Right to education
 Right to livelihood
 Equal pay for equal work
 Protection of environment
 Promotion of international peace
These principles were inspired by the Irish Constitution and the International Covenant on
Economic, Social and Cultural Rights (ICESCR).

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 Statutory Framework and Human Rights Protection
A. Protection of Human Rights Act, 1993
 Enacted in compliance with India's obligations under international treaties like the ICCPR and
UDHR.
 Created the National Human Rights Commission (NHRC) and State Human Rights
Commissions (SHRCs).
 Defines “human rights” as rights relating to life, liberty, equality, and dignity under the
Constitution or international covenants enforceable by Indian courts.
B. Other Relevant Legislations
 Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
 Protection of Civil Rights Act, 1955
 The Right to Information Act, 2005
 The Juvenile Justice (Care and Protection of Children) Act, 2015
 The Protection of Women from Domestic Violence Act, 2005

Role of Judiciary in Shaping Human Rights

The Indian Judiciary has played a proactive role in interpreting and expanding the scope of human
rights:
Maneka Gandhi v. Union of India (1978)
Expanded the interpretation of Article 21 – “right to life and personal liberty” – to include human
dignity, travel, and due process.
Francis Coralie Mullin v. Administrator, Union Territory of Delhi (1981)
Held that the right to life includes the right to live with human dignity, adequate nutrition, and medical
care.
PUCL v. Union of India (2001)
Recognized the right to food as an essential component of the right to life.

India’s Global Commitments

India is a signatory to several international human rights instruments, including:
 Universal Declaration of Human Rights (UDHR)
 ICCPR and ICESCR
 CEDAW (Convention on Elimination of Discrimination Against Women)

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  CRC (Convention on the Rights of the Child)
Although international law does not automatically become enforceable unless legislated, Indian courts
often interpret domestic law in harmony with international norms.

Conclusion
Human rights in India have evolved through a rich tapestry of ancient traditions, colonial oppression,
and constitutional philosophy. The Constitution of India acts as a living document that protects and
promotes these rights, supplemented by statutory law and a vigilant judiciary. The journey from moral
values to enforceable legal entitlements marks a significant historical development, making India a
robust jurisdiction in the field of human rights.

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 Module 1(b)
Concept, Meaning and Various Theories of Human Rights (Human
Rights Jurisprudence)

Concept and Meaning of Human Rights

Human rights are moral, legal, or social entitlements inherent to all individuals by virtue of their
humanity. They are universal, inalienable, indivisible, and interdependent. Section 2(d) of the
Protection of Human Rights Act, 1993, defines them as:
“rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or
embodied in the international covenants and enforceable by courts in India.”
This statutory definition underscores four key aspects:
 Life and liberty (echoed in Article 21 of the Constitution)
 Equality (Articles 14–18)
 Dignity (implied through Articles 21 and 32)
 Enforcement in courts and international covenants such as the UDHR, ICCPR, and ICESCR.

Theories of Human Rights

Jurisprudence explores foundational theories that justify and explain rights. Here's an overview of main
theories:
Natural Law Theory
Natural law asserts that human rights stem from inherent moral principles, accessible by reason and
universal in nature. Thinkers like John Locke and Aquinas argued that life, liberty, and equality pre-
exist and constrain state authority. These ideas influenced:
 UDHR (1948)
 Indian Fundamental Rights, especially Article 21, interpreted in cases like Maneka Gandhi
v. Union of India (1978).
This perspective underpins the universality of human rights.
Legal Positivism (Legal Rights Theory)
Positivism, championed by Bentham and Austin, contends rights derive solely from positive law—
laws enacted by legislatures or recognized by courts—not from moral ideas .
 Advantages: Provides clarity and enforceability.
 Drawbacks: Neglects moral content; can uphold unjust laws.

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Indian law integrates positivism — statutes and judicial precedents determine rights — but does also
infuse moral dimensions via constitutional interpretation and natural justice.
Interest Theory
Attributable to Bentham, this theory links rights to interests protected by law. Rights are meant to
protect legitimate interests, though Bentham himself was skeptical of “natural rights”.
Will Theory
Propounded by H.L.A. Hart, it views rights as tools for individuals to control others’ behavior—not
just interests, but choices. However, this may undervalue those lacking such “will-control” abilities.
Marxist/Economic Theory
Marxist theory argues rights arise from economic conditions and class struggle. For Marxists, rights
are contingent on the state and law’s relation to property relations .
India’s laws like the ICESCR, Directive Principles (Part IV), and legislation aimed at reducing
inequality reflect Marxist influences toward socio-economic justice.
Legal Realism
Thesis posits that the practical law is what judges decide—judicial decisions are shaped by social
context, attitudes, and reality .
In India:
 Justice Holmes: “Life of the law has not been logic; it has been experience.”
 Judges like V.R. Krishna Iyer exercised judicial activism to realize constitutional morality,
including socio-economic rights in Articles 21 and 32.

Other Theoretical Perspectives

 Deontological/Kantianism: Rights are categorical duties—moral duties regardless of
outcome.
 Utilitarianism: Rights maximize happiness for the greatest number, though it may marginalize
minorities.
 Laski’s Functional Theory: Rights are shaped by social functions and reciprocal
relationships.
 Virtue Jurisprudence: Rights align with virtues and moral character, not just rules .
Each theory has strengths and limitations; modern human rights discourse synthesizes them, embracing
moral universality, legal enforceability, social welfare, and judicial interpretations.

Relevance to Indian Human Rights Jurisprudence

India’s system draws from multiple jurisdictions:

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 Theory Constitutional Reflection Examples
Natural Law Article 21, Directive Maneka Gandhi, PUCL v. Union of India
Principles
Positivism Codified laws (e.g. PHRA Enforcement via courts
1993)
Legal Realism PIL, judicial activism Kesavananda Bharati (basic structure),
Krishna Iyer’s PILs
Marxist Theory Social justice statutes SC/ST Protection Act, Right to Education
Moral/Deontological Ethics in constitutional Prohibitions under Art. 23, 24
provisions
India’s hybrid approach ensures that rights are morally grounded, legally enforceable, socially
pertinent, and pragmatically administered.

Statutory Basis and Judicial Integration

 Constitution of India: Articles 14–18, 19–22, 23, 24, 25–30, 32, 21.
 Protection of Human Rights Act, 1993: Section 2(d) – definition and enforcement framework
by NHRC/SHRCs .
 Directive Principles (Part IV): Gleaned from ICESCR, reflective of socio-economic rights.
 Judicial precedents: Maneka Gandhi v. Union of India, Francis Coralie Mullin, PUCL, each
extending the scope of “life” under Article 21.

Conclusion
Human rights jurisprudence is enriched by layered theories — from natural law’s moral universality
to positivism’s legal clarity, realism’s pragmatic perspective, and Marxist socio-economic insights.
India’s human rights architecture reflects this pluralism, integrating moral ethics, enforceable statutes,
judicial activism, and social justice obligations. By recognizing the strengths and respecting limitations
of each theory, India crafts a contextualized, living jurisprudence capable of progressive adaptation.

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 Module 2(a)
Human Rights under the Constitution of India – Fundamental Rights

Introduction
Human Rights are the inherent and inalienable rights that belong to every person by virtue of being
human. The Indian Constitution is a vibrant document that embeds human rights at its core, primarily
through Part III – Fundamental Rights. These rights represent a cornerstone of India's democratic
framework and reflect the commitment of the Indian State to uphold the dignity, equality, and liberty
of every individual.
Statutory Basis: Part III of the Constitution (Articles 12 to 35)- Fundamental Rights are provided
under Articles 12 to 35 of the Constitution. These rights are enforceable by courts and protect
individuals against arbitrary State action. The essence of these rights corresponds closely with
international human rights instruments, particularly the Universal Declaration of Human Rights,
1948.

Key Fundamental Rights as Human Rights

1. Right to Equality (Articles 14–18)
o Article 14 ensures equality before the law and equal protection of the laws.
o Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place
of birth.
o Article 16 ensures equality in public employment.
o Article 17 abolishes untouchability, a critical human rights achievement.
o Article 18 abolishes titles (except military or academic).

✦ Case Law: Indra Sawhney v. Union of India (1992) – upheld reservations as a means of achieving
substantive equality.
2. Right to Freedom (Articles 19–22)
o Article 19 grants six freedoms, including freedom of speech, assembly, association,
movement, residence, and profession.
o Article 20 protects against ex-post facto laws, double jeopardy, and self-incrimination.
o Article 21 guarantees the right to life and personal liberty.
o Article 22 safeguards rights of the arrested.

✦ Landmark Case: Maneka Gandhi v. Union of India (1978) – interpreted Article 21 broadly to
include right to live with dignity, travel, privacy, and procedural fairness.
3. Right Against Exploitation (Articles 23–24)

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 o Article 23 prohibits human trafficking and forced labor.
o Article 24 prohibits employment of children in hazardous industries.

✦ Case Law: People’s Union for Democratic Rights v. Union of India (1982) – held that non-payment
of minimum wages amounts to forced labour under Article 23.
4. Right to Freedom of Religion (Articles 25–28)
o Guarantees freedom of conscience, practice, and propagation of religion.
o Prohibits State from interfering with religious practices unless public order or morality
is affected.
5. Cultural and Educational Rights (Articles 29–30)
o Protect rights of minorities to conserve their culture and establish educational
institutions.
6. Right to Constitutional Remedies (Article 32)
o Termed the “heart and soul” of the Constitution by Dr. B.R. Ambedkar.
o Empowers individuals to directly approach the Supreme Court for the enforcement of
fundamental rights.

✦ Case Law: Bandhua Mukti Morcha v. Union of India (1984) – held that non-enforcement of
fundamental rights can be directly challenged under Article 32.

Widening Scope of Fundamental Rights as Human Rights

The Indian judiciary has played a proactive role in expanding the scope of fundamental rights:
 Right to education included under Article 21A.
 Right to clean environment and right to privacy read into Article 21.
 Public Interest Litigation (PIL) recognized as a tool for enforcing group human rights.

✦ Justice Bhagwati in Francis Coralie Mullin v. Union Territory of Delhi (1981) held that “right to
life” means more than animal existence – it includes right to live with human dignity.

Conclusion
The Fundamental Rights under the Indian Constitution serve as the legal embodiment of human rights,
ensuring dignity, equality, liberty, and justice for all citizens. These rights are dynamic, enforceable,
and constantly evolving through judicial interpretation. As such, they not only reflect India’s
constitutional morality but also ensure compliance with global human rights standards, making the
Indian legal framework robust and rights-oriented.

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 Module 2(b)
Human Rights vis-à-vis Directive Principles under the Constitution of
India
Introduction
While Fundamental Rights form the cornerstone of enforceable human rights in India, the Directive
Principles of State Policy (DPSPs), enshrined in Part IV of the Constitution (Articles 36–51),
represent the broader ideals and socio-economic aspirations of the Indian State. Though non-
justiciable, these principles lay down the roadmap for achieving a welfare state and reflect the
commitment to uphold economic, social, and cultural rights, which are integral to the realization of
human dignity.
Statutory Basis – Part IV, Constitution of India (Articles 36 to 51)
The DPSPs are derived from the Irish Constitution and inspired by the UN’s Universal Declaration
of Human Rights (UDHR), 1948 and International Covenant on Economic, Social and Cultural
Rights (ICESCR), 1966. Unlike Fundamental Rights, DPSPs are not directly enforceable in court, but
Article 37 makes it clear that they are "fundamental in the governance of the country," and it is the
duty of the State to apply these principles in lawmaking.

Nature of DPSPs and Their Human Rights Essence

The Directive Principles aim at ensuring:
 Right to livelihood (Article 39(a))
 Equal pay for equal work (Article 39(d))
 Health and maternity benefits (Article 42)
 Education and development of children (Article 45)
 Living wage and decent standard of life (Article 43)
 Promotion of international peace and respect for international law and human rights
(Article 51)
These are directly aligned with second-generation human rights such as socio-economic justice,
health, education, and welfare.

Judicial Interpretation and Integration with Fundamental Rights

Initially, in cases like State of Madras v. Champakam Dorairajan (1951), the Supreme Court held
that in case of conflict, Fundamental Rights prevail over DPSPs. However, this view has evolved.
Landmark Judgment – Kesavananda Bharati v. State of Kerala (1973)

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  The Court held that both Fundamental Rights and DPSPs are complementary and not
contradictory.
 DPSPs are essential for interpreting the scope of Fundamental Rights, especially in ensuring
substantive equality.
Minerva Mills v. Union of India (1980)
 It was held that a balance must be maintained between Part III and Part IV.
 The Court emphasized that “to give absolute primacy to one over the other is to disturb the
harmony of the Constitution.”
Unni Krishnan v. State of Andhra Pradesh (1993)
 The Supreme Court read right to education (originally a DPSP under Article 45) into Article
21 (right to life), leading to the insertion of Article 21A through the 86th Amendment in 2002.

Legislative Implementation of DPSPs

Though not enforceable by courts, DPSPs have led to significant legislative initiatives that enforce
human rights. For instance:
 Equal Remuneration Act, 1976 → derived from Article 39(d)
 Maternity Benefit Act, 1961 → linked to Article 42
 Right to Education Act, 2009 → implements Article 21A and Article 45
 Minimum Wages Act, 1948 and MGNREGA, 2005 → reflect Articles 39 and 43
Thus, many socio-economic rights, now seen as fundamental to human dignity, originate from
DPSPs.

DPSPs and International Human Rights Law

Article 51(c) directs the State to foster respect for international law and treaty obligations. This enables
harmonizing domestic laws with global human rights obligations such as:
 UDHR
 ICESCR
 CEDAW
 CRC
Judiciary often uses DPSPs in tandem with these instruments to interpret constitutional guarantees
expansively.

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 Conclusion
The Directive Principles of State Policy, though non-enforceable, are crucial in understanding and
advancing human rights in India. They act as guiding beacons for the legislature, judiciary, and
executive in establishing an inclusive, equitable, and humane society. While Fundamental Rights
ensure protection against State excesses, DPSPs work as a blueprint for affirmative State action to
realize social and economic rights, thereby completing the framework of human rights protection in
India.

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 Module 3(a)
Meaning of Human Rights under the Protection of Human Rights Act,
1993

Introduction
The concept of human rights in India was initially rooted in constitutional provisions, especially in the
form of Fundamental Rights and Directive Principles of State Policy. However, recognizing the
need for a statutory mechanism to address human rights violations and to fulfill international
obligations, especially under the Paris Principles, India enacted the Protection of Human Rights
Act, 1993 (PHRA, 1993). This Act defines "human rights" in statutory terms, establishes institutions
like the National Human Rights Commission (NHRC) and State Human Rights Commissions,
and creates mechanisms to ensure better protection and promotion of human rights in India.

Statutory Definition of Human Rights (Section 2(1)(d))

The Protection of Human Rights Act, 1993 provides a specific definition of human rights in Section
2(1)(d):
“Human Rights” means the rights relating to life, liberty, equality and dignity of the individual
guaranteed by the Constitution or embodied in the International Covenants and enforceable by
courts in India.
Let us break this down for better understanding:
1. Rights Relating to Life, Liberty, Equality and Dignity: This refers to the core values that
are the bedrock of democratic and civilised society. These rights are closely aligned with
Articles 14, 19, 21 of the Constitution.
2. Guaranteed by the Constitution: This includes Fundamental Rights under Part III of the
Indian Constitution and other constitutional protections that impact human dignity.
3. Embodied in International Covenants: The term “international covenants” is defined in
Section 2(1)(f) to include:
o International Covenant on Civil and Political Rights (ICCPR), 1966
o International Covenant on Economic, Social and Cultural Rights (ICESCR), 1966
o Other UN covenants or conventions notified by the Central Government.
4. Enforceable by Courts in India: Only those rights which are judicially enforceable in Indian
courts, either directly or indirectly through constitutional interpretation or legislation, are
considered human rights under this Act.

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 Significance of the Definition under the Act
The statutory definition of human rights in PHRA, 1993, bridges the domestic constitutional
framework with international human rights standards. It emphasizes the harmonization of
international obligations with national enforcement mechanisms and allows courts and
commissions to interpret rights more liberally and progressively.
Key Takeaways:
 The focus is not just on civil and political rights but also socio-economic and cultural rights.
 The Act recognizes international human rights instruments as an integral source.
 The enforceability requirement prevents misuse or over-expansion of the definition.

Human Rights and Judicial Interpretation

The Indian judiciary has significantly expanded the meaning of human rights, especially Article 21
(Right to Life and Personal Liberty), which has been interpreted to include:
 Right to health
 Right to education
 Right to a clean environment
 Right to privacy
 Right to legal aid
Many of these interpretations align with the intent and language of international covenants. Courts
have consistently held that international human rights instruments, though not binding per se, can
be referred to while interpreting domestic law, especially when they are not in conflict with Indian
statutes.
Case Law:
1. Vishaka v. State of Rajasthan (1997)
o The Supreme Court referred to CEDAW and laid down guidelines for the protection of
women against sexual harassment at the workplace, holding that international treaties
can supplement constitutional guarantees.
2. People’s Union for Civil Liberties v. Union of India (2003)
o Reaffirmed the right to food as part of Article 21, connecting socio-economic rights
with civil liberties.

Rights Recognized under the Act

Although the Act does not list all rights explicitly, the NHRC and courts have interpreted human rights
under the Act to include:

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  Protection against torture, custodial deaths, and police brutality
 Rights of women and children (e.g., protection from trafficking and abuse)
 Rights of SCs, STs, minorities, and the disabled
 Environmental and health-related rights
 Labour rights (minimum wages, bonded labour)
These are rights arising out of domestic laws like:
 Indian Penal Code, 1860
 Criminal Procedure Code, 1973
 Constitution of India
 Labour laws
 Environmental statutes
 Juvenile Justice Act, 2015
 Protection of Civil Rights Act, 1955

Limitations and Challenges

Though comprehensive, the definition under the PHRA is not without criticism:
 By restricting human rights to “enforceable by courts,” it excludes aspirational rights that are
recognized under international law but not yet enforceable in India.
 It creates ambiguity on whether Directive Principles, which are not justiciable, fall under
human rights as per the Act.
 The limited recognition of newer rights, like digital privacy, LGBTQ+ rights, or rights under
emerging humanitarian law, shows a need for periodic updating of the statute.

Conclusion
The Protection of Human Rights Act, 1993, through its definition under Section 2(1)(d), gives a
legally enforceable framework to understand, interpret, and apply human rights in India. By aligning
constitutional guarantees with international covenants, the Act ensures that India’s human rights
protection regime is both domestically rooted and globally informed. However, for it to remain
relevant and progressive, the interpretation and scope of "human rights" under the Act must continue
to evolve, guided by judicial creativity, legislative foresight, and international developments.

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 Module 3(b)
Human Rights Courts in India

Introduction
The concept of Human Rights Courts in India stems from the necessity to provide a dedicated judicial
forum for the adjudication of human rights violations. Though the regular judicial system addresses
such issues, a specialized court enhances access, efficiency, and sensitivity toward human rights issues.
The establishment of Human Rights Courts is provided under the Protection of Human Rights Act,
1993 (PHRA), intending to deliver speedy justice in matters concerning violations of human rights.

Statutory Basis: Section 30 of the Protection of Human Rights Act, 1993

Under Section 30 of the PHRA, 1993:
"For the purpose of providing speedy trial of offences arising out of violations of human rights, the
State Government may, with the concurrence of the Chief Justice of the High Court, by notification,
specify for each district a Court of Session to be a Human Rights Court to try such offences."
Key elements of this provision are:
1. Designation of Human Rights Courts: A Sessions Court is designated as a Human Rights
Court for a district.
2. State Government’s Role: The State Government notifies the court.
3. Judicial Concurrence: Such designation must be done in concurrence with the Chief Justice
of the High Court.
4. Purpose: The court is meant to ensure speedy trial for offences involving human rights
violations.

Section 31 – Appointment of Special Public Prosecutor

Section 31 empowers the State Government to appoint a Special Public Prosecutor for every Human
Rights Court, who shall:
 Be a legal practitioner with not less than seven years of experience.
 Conduct prosecutions of human rights cases exclusively in such courts.
This provision ensures that only competent and dedicated legal professionals handle human rights
prosecutions, thereby increasing efficiency and specialization.

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 Jurisdiction and Functioning
Though designated as special courts, Human Rights Courts function under the Code of Criminal
Procedure, 1973 (CrPC). Their jurisdiction is generally:
 Offences that constitute violations of “human rights” as defined under Section 2(1)(d) of
PHRA.
 Cases referred or investigated by National or State Human Rights Commissions.
 Criminal offences arising from custodial violence, unlawful detention, discrimination, and
denial of basic rights.

Significance of Human Rights Courts

1. Speedy Justice: Regular courts are overburdened, leading to delays. Human Rights Courts
ensure that justice is not denied due to delay.
2. Specialization: They provide a dedicated forum with prosecutors and judges trained or
experienced in human rights matters.
3. Access to Justice: Victims of human rights violations, especially from vulnerable sections, get
a more approachable and efficient redressal mechanism.
4. Reinforcement of Human Rights Culture: These courts enhance the credibility of human
rights enforcement mechanisms in the eyes of the public.

Challenges and Limitations

Despite statutory backing, the implementation of Human Rights Courts faces several practical hurdles:
1. Lack of Establishment: Many states have not notified Human Rights Courts under Section
30, or have only done so in a formal, non-functional manner.
2. No Dedicated Infrastructure: Often, the same Sessions Court is designated as a Human
Rights Court without any exclusive staff, room, or docket.
3. Limited Awareness: Both the general public and legal professionals are often unaware of the
existence or scope of Human Rights Courts.
4. Non-mandatory Provision: The use of the word "may" in Section 30 makes the establishment
of these courts optional, not obligatory.

Judicial Observations and Reform Suggestions

Although there is limited direct judicial commentary on Human Rights Courts, the higher judiciary
has emphasized the importance of special courts for specific classes of offences, like:
 Fast Track Courts for rape cases

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  CBI Courts
 Environmental Courts
A similar dedicated effort is needed to activate Human Rights Courts meaningfully.
Reforms suggested include:
 Making Section 30 mandatory.
 Creating exclusive courts rather than mere nominal designations.
 Periodic training of judges and prosecutors in human rights law.
 Improving coordination between NHRC/SHRC and courts for referrals.

Conclusion
The Human Rights Courts envisioned under the Protection of Human Rights Act, 1993, represent a
significant legislative effort to institutionalize justice for human rights violations in India. However,
the realization of their objectives requires serious implementation, infrastructural support, and
political will. If properly established and empowered, these courts can become powerful instruments
of human rights enforcement and protection, especially for marginalized communities and
individuals subjected to State excesses.

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 Module 4(a)
National Human Rights Commission (NHRC) in India– Composition,
Powers, and Functions

Introduction
The National Human Rights Commission (NHRC) is India's premier statutory institution for the
promotion and protection of human rights. Established under the Protection of Human Rights Act,
1993, the NHRC serves as a watchdog for rights violations, offering both advisory and quasi-judicial
powers. It embodies India’s commitment to human dignity, constitutional values, and international
human rights obligations, particularly those under the Paris Principles, 1991, adopted by the UN.

Statutory Basis: Protection of Human Rights Act, 1993

The NHRC was established under Section 3 of the Protection of Human Rights Act, 1993 (PHRA).
The Act defines its composition, powers, and responsibilities.

Composition of NHRC (Section 3)

According to the amended Section 3 of the PHRA:
 Chairperson: A former Chief Justice of India.
 Members:
o One member who is or has been a Judge of the Supreme Court.
o One member who is or has been the Chief Justice of a High Court.
o Three members to be appointed from among persons having knowledge or practical
experience in human rights.
 Ex-officio members: The Chairpersons of:
o National Commission for Scheduled Castes (NCSC)
o National Commission for Scheduled Tribes (NCST)
o National Commission for Women (NCW)
o National Commission for Minorities (NCM)

Appointment (Section 4)
The President of India appoints the members on the recommendation of a committee consisting of:
 Prime Minister (Chairperson)
 Speaker of the Lok Sabha

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  Minister of Home Affairs
 Leaders of Opposition in both Houses
 Deputy Chairman of the Rajya Sabha

Tenure (Section 6)
 Chairperson holds office for 3 years or until they attain 70 years of age, whichever is earlier.
 Members hold office for 3 years
 They are eligible for reappointment

Powers and Functions of NHRC (Section 12)

The NHRC performs a range of advisory, investigatory, and recommendatory functions:
1. Inquiry into Human Rights Violations
 Suo motu, or
 On a petition by a victim or any person on their behalf, or
 On a reference from the central or state governments.
2. Intervention in Court Proceedings
 With the approval of the court, the NHRC may intervene in pending judicial proceedings
involving allegations of human rights violations.
3. Visits to Jails and Detention Centers
 The NHRC inspects prisons, juvenile homes, and other detention facilities to examine the
conditions of inmates and recommend reforms.
4. Review of Constitutional and Legal Safeguards
 It reviews the adequacy of laws and policies for the protection of human rights.
5. Promotion of Human Rights Awareness
 It undertakes and encourages research, education, and awareness programmes through
media and academic institutions.
6. Support to NGOs and Institutions
 It encourages the efforts of non-governmental organizations and other institutions working
in the field of human rights.
7. Recommend Compensation or Relief
 Though it does not have the power to enforce its decisions, it can recommend monetary
compensation, disciplinary action, or prosecution against violators.

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 Civil Court Powers (Section 13)
The NHRC has civil court powers for the purpose of inquiry:
 Summoning and examining witnesses under oath.
 Requiring discovery and production of documents.
 Receiving evidence on affidavits.
 Requisitioning public records.
 Conducting spot inspections.
The Commission may also utilize armed forces, state police, or other agencies for investigation
purposes.

Limitations
 Recommendatory Nature: NHRC cannot enforce its decisions; it can only make
recommendations.
 Jurisdiction Exclusion: Cannot inquire into matters pending before courts.
 Limited Enforcement on Armed Forces: Can only seek reports from the central government
on human rights violations by armed forces and make recommendations.
 Underutilization by States: Several states do not have fully functional State Human Rights
Commissions, which weakens NHRC’s coordination.

Important Case Law

 D.K. Basu v. State of West Bengal (1997): NHRC’s guidelines on arrest and detention were
endorsed by the Supreme Court, ensuring protection of prisoners’ rights.
 NHRC v. State of Arunachal Pradesh (1996): The Court relied on NHRC recommendations
to protect the rights of Chakma refugees from forced eviction.

Conclusion
The National Human Rights Commission plays a vital role in safeguarding the dignity and rights of
individuals in India. Despite its limitations, it has made significant interventions in cases of custodial
violence, atrocities against marginalized groups, and violations by state actors. To enhance its
effectiveness, there is a need for greater enforcement powers, stronger state-level coordination,
and legal reforms that ensure its recommendations carry binding authority. Nonetheless, NHRC
remains a cornerstone institution in India’s human rights framework.

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 Module 4(b)
State Human Rights Commissions in India – Composition, Powers, and
Functions

Introduction
In a country as diverse and populous as India, the protection and enforcement of human rights cannot
be centralized. To decentralize the mechanism and ensure better regional outreach, the Protection of
Human Rights Act, 1993 (PHRA) provides for the establishment of State Human Rights
Commissions (SHRCs). These commissions function at the state level with powers and
responsibilities similar to the National Human Rights Commission (NHRC) but with jurisdiction
confined to the respective state.

Statutory Basis: Sections 21 to 29 of the Protection of Human Rights Act, 1993

The provisions for the establishment, composition, powers, and functions of SHRCs are provided
under Chapter V (Sections 21 to 29) of the PHRA, 1993.

Establishment of SHRCs – Section 21

The State Government may, by notification, constitute a State Human Rights Commission for the
state.
However, the establishment is optional ("may" and not "shall"). As a result, not all states in India have
functional SHRCs.

Composition of SHRC – Section 21

Each State Commission shall consist of:
1. Chairperson – A person who has been the Chief Justice of a High Court.
2. One member – Who is or has been a judge of a High Court or a district judge in the state
with at least seven years’ experience.
3. One member – Appointed from among persons having knowledge or practical experience
in matters relating to human rights.

Appointment Authority
 All members are appointed by the Governor of the state.
 The recommendation is made by a committee comprising:
o The Chief Minister (Chairperson)

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 o Speaker of the Legislative Assembly
o Minister in-charge of the Department of Home Affairs
o Leader of the Opposition in the Legislative Assembly
(If the state has a Legislative Council, the Chairman and Leader of Opposition of the Council are also
involved.)

Tenure (Section 24)

 Chairperson holds office for 3 years or until they attain 70 years of age, whichever is earlier.
 Members hold office for 3 years
 They are eligible for reappointment.

Powers and Functions – Section 29

SHRCs exercise powers similar to those of the NHRC, but their jurisdiction is limited to the state and
excludes matters relating to the armed forces.
Functions include:
1. Inquiry into human rights violations:
o On a petition or suo motu (on its own motion), the SHRC can inquire into violations
of human rights or negligence by a public servant in preventing such violations.
2. Intervention in court proceedings:
o With court approval, the SHRC may intervene in any legal proceeding involving
allegations of human rights violations.
3. Visits to jails and detention centers:
o SHRCs may inspect prisons, mental hospitals, juvenile homes, etc., to assess the
living conditions and recommend improvements.
4. Review of constitutional and legal safeguards:
o They review the effectiveness of provisions and policies for protecting human rights at
the state level.
5. Promotion of awareness:
o Through education, media, seminars, and collaborations with NGOs, SHRCs promote
human rights literacy.
6. Research and reports:
o They undertake and support research, publish annual reports, and advise the state
government.

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 Civil Court Powers – Section 27
The SHRC, while inquiring into complaints, has all the powers of a civil court under the Code of Civil
Procedure, 1908, such as:
 Summoning and examining witnesses
 Requiring discovery and production of documents
 Receiving evidence on affidavits
 Requisitioning public records
 Conducting on-site inspections

Limitations
 SHRCs cannot inquire into matters related to the armed forces.
 Their recommendations are not binding on the state governments.
 Budgetary and staff constraints limit their functioning.
 Many states either do not establish the SHRC or appoint members after long delays, rendering
the commission non-functional.

Importance of SHRCs
 Ensure localized redressal of human rights violations.
 Make the enforcement of human rights more accessible to citizens in remote or
underdeveloped areas.
 Support decentralization of the human rights protection mechanism.
 Complement the work of NHRC by handling state-level complaints, allowing the NHRC to
focus on issues of national importance.

Conclusion
State Human Rights Commissions are a crucial component of India’s human rights protection
framework. While they share many similarities with the NHRC, their regional focus allows them to
address state-specific issues more effectively. However, their effectiveness is hindered by structural,
procedural, and financial constraints. For SHRCs to function robustly, political will, timely
appointments, increased autonomy, and enforcement authority must be ensured. Strengthening
SHRCs is vital for ensuring that human rights are protected and promoted uniformly across the
country.

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 Module 5(a)
Judicial Response for the Protection and Enforcement of Human
Rights Defined in the Constitution of India

Introduction
The judiciary in India plays a pivotal role in upholding and enforcing human rights enshrined in the
Constitution of India, particularly through Fundamental Rights (Part III) and Directive Principles
of State Policy (Part IV). It acts as the guardian of the Constitution and ensures that the rights to life,
liberty, equality, and dignity are not mere aspirations but enforceable legal entitlements. Through
judicial activism and creative interpretation, Indian courts have expanded the scope of human rights,
often stepping in where executive or legislative mechanisms fall short.

Constitutional Provisions as Human Rights

The Fundamental Rights (Articles 12–35) essentially form the backbone of human rights in India.
Notably:
 Article 14: Right to equality before the law and equal protection of laws.
 Article 19: Guarantees six freedoms, including freedom of speech, expression, and association.
 Article 21: Right to life and personal liberty, interpreted expansively to include rights to
livelihood, health, shelter, education, and environment.
 Article 32 and 226: Empower individuals to directly approach the Supreme Court and High
Courts for enforcement of fundamental rights through writ petitions.

Judicial Mechanisms for Enforcement

1. Writ Jurisdiction
o Under Article 32 (Supreme Court) and Article 226 (High Courts), individuals can seek
enforcement of their rights through writs of habeas corpus, mandamus, prohibition,
certiorari, and quo warranto.
2. Public Interest Litigation (PIL)
o Introduced in the 1980s, PIL has been instrumental in making justice accessible to the
poor, illiterate, and marginalized.
o Courts relaxed the rule of locus standi, allowing any public-spirited individual to
approach the court on behalf of others.
o PILs have addressed issues like bonded labor, environmental pollution, prison
conditions, child labor, and women’s rights.

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 Landmark Judicial Decisions
1. Maneka Gandhi v. Union of India (1978)
o Expanded the interpretation of Article 21 to include the right to live with dignity,
procedural fairness, and personal liberty.
o Established that laws affecting life and liberty must be just, fair, and reasonable.
2. Bandhua Mukti Morcha v. Union of India (1984)
o Recognized bonded labor as a violation of Article 21 and Article 23.
o Reiterated the right to live with dignity and the obligation of the state to eradicate
inhuman practices.
3. Francis Coralie Mullin v. The Administrator, Union Territory of Delhi (1981)
o Held that the right to life includes the right to live with human dignity, adequate
nutrition, clothing, and shelter.
4. Vishaka v. State of Rajasthan (1997)
o Formulated guidelines to prevent sexual harassment at the workplace in the absence
of statutory law.
o Held that international conventions like CEDAW (Convention on the Elimination of
All Forms of Discrimination Against Women) can be read into constitutional rights.
5. Olga Tellis v. Bombay Municipal Corporation (1985)
o Recognized right to livelihood as part of right to life under Article 21.

Directive Principles and Judicial Interpretation

Although Directive Principles of State Policy (Part IV) are not enforceable by courts, the judiciary
often uses them to interpret Fundamental Rights broadly.
 In Unni Krishnan v. State of Andhra Pradesh (1993), the right to education was derived
from Article 21 read with Article 41 and 45.
 The right to health was similarly upheld using Articles 21 and 47 in Consumer Education
and Research Centre v. Union of India (1995).

Role of the Supreme Court and High Courts

 The Supreme Court acts as the final interpreter of the Constitution and guardian of
fundamental rights.
 The High Courts under Article 226 have wider jurisdiction than the Supreme Court, as they
can enforce both Fundamental Rights and other legal rights.

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 Significance of Judicial Activism
Judicial activism has played a transformative role in expanding the horizon of human rights in India.
The judiciary, especially through PILs, has:
 Made justice accessible to the voiceless.
 Brought government accountability in human rights violations.
 Filled legal gaps through progressive interpretation.
 Upheld international human rights standards by reading them into domestic law.

Conclusion
The Indian judiciary has functioned as a sentinel on the qui vive, constantly alert to rights violations
and willing to step in to protect the dignity and liberties of the individual. Through innovative
jurisprudence, reliance on international norms, and constitutional interpretation, the courts have
created a robust human rights regime. However, challenges such as judicial delays, enforcement of
orders, and over-reliance on the judiciary in the absence of effective governance remain. Nevertheless,
the judiciary's role in safeguarding human rights as defined in the Constitution is indispensable to
India’s democratic framework.

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 Module 5(b)
Judicial Response for the Protection and Enforcement of Human
Rights under the Protection of Human Rights Act, 1993

Introduction
The enactment of the Protection of Human Rights Act, 1993 (PHRA) marked a significant step in
India’s commitment to safeguarding human rights. While the Act primarily establishes statutory
institutions such as the National Human Rights Commission (NHRC) and State Human Rights
Commissions (SHRCs), the judiciary continues to play a pivotal role in interpreting and reinforcing
its provisions. Indian courts, particularly the Supreme Court and High Courts, have provided
expansive interpretations of the Act and ensured that its objectives are effectively realized. The courts
have not only endorsed the mandate of human rights commissions but have also filled legislative and
administrative gaps in the protection of human rights.

Statutory Framework: Protection of Human Rights Act, 1993

The PHRA defines “human rights” under Section 2(1)(d) as:
“the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution
or embodied in the International Covenants and enforceable by courts in India.”
This wide definition allows courts to interpret human rights not only through constitutional provisions
but also through international covenants such as the International Covenant on Civil and Political
Rights (ICCPR) and International Covenant on Economic, Social and Cultural Rights
(ICESCR).

Role of the Judiciary in Interpreting the Act

The judiciary has taken an active role in strengthening the reach of the PHRA. Courts have:
 Interpreted the provisions of the Act liberally to benefit victims.
 Directed authorities to comply with NHRC/SHRC recommendations.
 Acknowledged the quasi-judicial status of Human Rights Commissions.
 Ensured that the human rights bodies are not rendered toothless.

Judicial Pronouncements Upholding the PHRA

1. D.K. Basu v. State of West Bengal (1997)

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Though decided prior to the enforcement of PHRA in full form, this case is foundational in
understanding human rights in custodial settings. The Supreme Court laid down detailed guidelines
for arrest and detention procedures, thereby promoting the objectives of PHRA.
2. People's Union for Civil Liberties (PUCL) v. Union of India (2003)
This PIL focused on phone tapping and surveillance, where the Court emphasized the right to
privacy as part of the human rights protected under both Article 21 and Section 2(1)(d) of the PHRA.
3. NHRC v. State of Arunachal Pradesh (1996)
The Supreme Court intervened to protect the rights of Chakma refugees, recognizing NHRC’s role
and reaffirming its recommendatory powers as effective tools for human rights enforcement.
4. Extra Judicial Execution Victim Families Association (EEVFAM) v. Union of India (2016)
This landmark judgment recognized fake encounter killings in Manipur as gross human rights
violations. The Court refused to dismiss such cases citing the presence of armed forces, reinforcing
that no immunity exists for human rights violations, even under security operations.

Enforcement of Commission Recommendations

While the NHRC and SHRCs primarily have recommendatory powers, courts have often lent legal
weight to their findings.
In many cases, courts have:
 Directed compensation to be paid in accordance with NHRC recommendations.
 Admonished state governments for ignoring human rights commission reports.
 Referred cases back to NHRC/SHRC for further investigation under judicial oversight.

Integration with International Norms

The judiciary often reads international human rights norms into domestic jurisprudence when
interpreting the PHRA. This is supported by Section 2(1)(d), which recognizes international
covenants as part of enforceable human rights.
For instance:
 CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women)
has been applied in Vishaka v. State of Rajasthan (1997).
 ICCPR and ICESCR have been cited in a range of cases concerning privacy, health,
education, and dignity.

Judicial Directions to Strengthen Human Rights Commissions

Courts have also intervened to:

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  Mandate timely appointment of members and chairpersons to SHRCs and NHRC.
 Ensure adequate funding and autonomy of commissions.
 Encourage coordination between courts and commissions in human rights matters.

Challenges Identified by Judiciary

 Non-binding nature of NHRC/SHRC recommendations dilutes their impact.
 Delay in compliance by state machinery undermines the efficacy of commissions.
 Lack of prosecution powers limits deterrence.
 Courts have thus called for statutory amendments and more accountability mechanisms.

Conclusion
The judiciary has been instrumental in upholding the spirit of the Protection of Human Rights Act,
1993, ensuring that its provisions are not just theoretical but practically applicable. By supporting the
autonomy and authority of human rights commissions, interpreting rights in light of international
standards, and stepping in when these bodies fall short, the Indian judiciary has reaffirmed its role as
the ultimate protector of human dignity and liberty. The fusion of judicial activism, constitutional
values, and statutory frameworks has made India’s human rights regime resilient and responsive,
though much remains to be done in terms of enforceability and infrastructure.

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 Module 6(a)
Protection of Human Rights Relating to Scheduled Castes and
Scheduled Tribes under the Various Laws in India

Introduction
India’s Constitution guarantees equality and human dignity for all. However, Scheduled Castes (SCs)
and Scheduled Tribes (STs) have historically faced systemic discrimination, violence, and socio-
economic exclusion. To address these long-standing injustices and protect their human rights, the
Indian legal framework has developed a range of special laws and constitutional safeguards.
Prominent among them are the Protection of Civil Rights Act, 1955 and the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989.

Constitutional Safeguards
The Constitution of India provides a strong foundation for the protection of SCs and STs:
 Article 15(1) & (2): Prohibits discrimination based on caste or race.
 Article 17: Abolishes untouchability and makes its practice a punishable offence.
 Article 46: Directs the State to promote the educational and economic interests of SCs and
STs.
 Article 338 & 338A: Provide for the National Commission for SCs and STs, respectively, to
monitor and safeguard rights.
These provisions are essential components of the Indian commitment to human dignity, equality,
and non-discrimination.

The Protection of Civil Rights Act, 1955 (PCR Act)

Objective:
The Act was enacted to enforce Article 17 of the Constitution, i.e., the abolition of untouchability.
Key Features:
 Prohibits discrimination on the basis of untouchability in access to public places, services,
and employment.
 Declares penalties for preventing a person from using public wells, temples, hotels, roads,
schools, etc.
 Penalizes those who refuse to sell goods, render services, or engage in economic activity
with members of SCs due to untouchability.
Limitations:

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  The Act did not provide sufficient deterrence due to low penalties and poor enforcement.
 There was no recognition of institutional violence or humiliation as part of caste-based
oppression.

The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
(PoA Act)
The PoA Act was enacted as a more stringent and specific law to address heinous crimes and
atrocities committed against SCs and STs.
Key Objectives:
 Prevent and punish cruel and degrading treatment, violence, and exploitation of SCs and
STs.
 Provide speedy trial and justice.
 Offer relief and rehabilitation to victims.
Salient Provisions:
 Defines “atrocity” to include physical violence, social boycott, sexual violence, wrongful
occupation of land, preventing access to education or healthcare, and other acts committed on
the basis of caste or tribe.
 Establishes Special Courts and Exclusive Special Courts for trial of offences.
 Section 3: Lists specific offences considered atrocities against SCs/STs.
 Section 4: Punishes public servants who neglect their duties under the Act.
 Section 15A: Ensures victim and witness protection, including the right to be heard and to
receive legal aid.
2015 and 2018 Amendments:
 Strengthened the Act by adding more offences (e.g., tonsuring, garlanding with footwear,
social/economic boycott).
 Introduced provisions for investigation within a fixed time and enhanced penalties.
 Reaffirmed that prior sanction is not required for prosecuting public servants under the Act.

Judicial Interpretations
Courts have generally upheld the protective spirit of the PoA Act:
 In State of Karnataka v. Appa Balu Ingale (1993), the Supreme Court stressed that
untouchability in any form is a human rights violation and violative of the right to dignity
under Article 21.

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  In Subhash Kashinath Mahajan v. State of Maharashtra (2018), the Supreme Court
imposed safeguards against misuse of the PoA Act. However, this was reversed by Parliament
through an amendment to restore the original stringent intent of the law.

Role of Law Enforcement and State Machinery

Despite progressive legislation, implementation remains weak:
 Underreporting of crimes against SCs/STs.
 Delays in investigation and prosecution.
 Victim intimidation and lack of legal awareness.
To counter this, courts and commissions have often emphasized the need for:
 Sensitization of police and judiciary.
 Legal aid and rehabilitation services.
 Proper monitoring and data collection.

International Context
India’s obligations under international human rights instruments such as the Universal
Declaration of Human Rights (UDHR) and International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD) further compel the state to eliminate caste-based
discrimination and protect vulnerable communities.

Conclusion
The legal framework for protecting SCs and STs from human rights violations is robust, drawing
strength from both constitutional guarantees and special legislations. However, the true measure of
these laws lies in effective implementation, awareness, and a responsive judicial system. Ensuring
dignity, equality, and justice for Scheduled Castes and Scheduled Tribes is not merely a legal
obligation but a constitutional and moral imperative.

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 Module 6(b)
National Commission for Scheduled Castes and Scheduled Tribes

Introduction
The Constitution of India seeks to uplift the Scheduled Castes (SCs) and Scheduled Tribes (STs),
communities that have historically faced discrimination, exclusion, and exploitation. Among the
constitutional mechanisms for their protection, the establishment of a dedicated Commission for
monitoring and safeguarding their rights is vital. This role is performed by the National Commission
for Scheduled Castes (NCSC) and National Commission for Scheduled Tribes (NCST), which
were formerly a combined body until bifurcated in 2004. These bodies ensure that constitutional and
legal protections for SCs and STs are not merely theoretical but effectively enforced.

Constitutional Basis
Article 338 – National Commission for Scheduled Castes
Originally inserted to cover both SCs and STs, Article 338 of the Constitution now exclusively deals
with the National Commission for Scheduled Castes, after the 89th Constitutional Amendment in
2003.
 The 89th Amendment Act, 2003 inserted Article 338A, creating a separate body for STs.
 This bifurcation became effective from February 2004.

Composition of the Commissions

National Commission for Scheduled Castes (NCSC) – Article 338(2):
 Chairperson
 Vice-Chairperson
 Three other Members
They are appointed by the President of India by warrant under his hand and seal.
National Commission for Scheduled Tribes (NCST) – Article 338A(2):
 Similar composition: Chairperson, Vice-Chairperson, and three other Members.
The conditions of service and tenure are determined by the President.

Functions and Powers

The duties of the NCSC and NCST are outlined in Clause (5) of Article 338 and Article 338A
respectively. Their core functions include:

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 1. Investigate and monitor safeguards for SCs and STs under the Constitution or any other law.
2. Inquire into complaints regarding the deprivation of rights and safeguards.
3. Participate and advise in the planning process of socio-economic development.
4. Evaluate progress in the development of SCs and STs.
5. Submit annual reports to the President, which are laid before Parliament.
6. Recommend measures for effective implementation of safeguards.

Powers of Civil Court

While conducting investigations or inquiries, the Commission enjoys powers of a civil court under
the Civil Procedure Code, including:
 Summoning and enforcing attendance of witnesses.
 Requiring the discovery and production of documents.
 Receiving evidence on affidavits.
 Requisitioning public records from courts or offices.

Significance of the Commissions

The commissions serve as watchdogs of constitutional safeguards for SCs and STs. Their work
includes:
 Field visits to assess the implementation of welfare schemes.
 Inspection of jails, educational institutions, and workplaces where SCs and STs are involved.
 Reviewing cases of atrocities and caste-based discrimination.
 Highlighting issues such as manual scavenging, reservation policy implementation, and
economic inclusion.

Reports and Recommendations

The commissions submit annual and special reports to the President, which are then placed before
Parliament with a memorandum of action taken. These reports are essential tools for policy-making
and legislative review.

Challenges in Implementation
Despite their mandate and legal backing, the commissions face several challenges:
 Limited enforcement powers – their recommendations are not binding.

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  Inadequate funding and staffing, particularly at the state level.
 Delay in action on submitted reports.
 Overlap of jurisdiction with other bodies like NHRC or SC/ST Protection Cells.
Nonetheless, their advisory role remains important in shaping inclusive governance.

Judicial Support
Courts have recognized the importance of the commissions in the protection of human rights. In several
cases, judicial directions have reinforced the autonomy and relevance of NCSC and NCST. For
example:
 State of Kerala v. N.M. Thomas (1976) upheld special provisions for SCs/STs in service
matters.
 Courts have encouraged effective functioning of these bodies in addressing atrocities and
discrimination.

Conclusion
The National Commission for Scheduled Castes and the National Commission for Scheduled
Tribes are pivotal institutions in India's human rights framework. Though primarily recommendatory
in nature, their existence underlines the constitutional commitment to social justice and equality.
With stronger enforcement mechanisms, better coordination with other legal and administrative
bodies, and sincere implementation of their reports, these commissions can significantly contribute to
the empowerment of marginalized communities.

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 Module 7(a)
National Commission for Women in India

Introduction
The protection and promotion of women's rights is a fundamental aspect of human rights jurisprudence.
Recognizing the need for a dedicated institution to monitor and advocate for women's issues, the
National Commission for Women (NCW) was established in India. This statutory body functions as
a watchdog and policy advisor to ensure the rights and entitlements of women under the Constitution
and various laws are safeguarded and enforced effectively.

Statutory Basis
The National Commission for Women Act, 1990 is the enabling legislation under which the NCW
was constituted. The Commission became operational in January 1992, marking a significant
development in the landscape of women’s rights in India.

Composition of the Commission

According to the Section 3 of the National Commission for Women Act, 1990, the NCW comprises:
 A Chairperson, committed to the cause of women.
 Five Members with experience in law, health, education, sociology, or women’s welfare.
 A Member Secretary, preferably an expert in management or organizational structure.
These members are nominated by the Central Government.

Objectives and Mandate

The core objective of the NCW is to:
 Review constitutional and legal safeguards for women.
 Recommend remedial legislative measures.
 Facilitate redressal of grievances.
 Advise the government on all policy matters affecting women.
The Commission is expected to play both advisory and advocacy roles, while also intervening where
necessary to protect individual rights.

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 Powers and Functions
Under Section 10 of the NCW Act, 1990, the Commission is vested with several key functions:
 Investigate and examine all matters relating to the safeguards for women under the
Constitution and other laws.
 Present reports to the Central Government upon inquiry.
 Make recommendations on issues of gender justice and the working of the system.
 Review existing laws and suggest amendments where necessary.
 Take up cases of violation of women’s rights either suo moto or on complaint.
 Fund litigation involving issues affecting a large number of women.
 Inspect prisons, remand homes, shelter homes, etc., where women are lodged.
The Commission also conducts public hearings, research studies, legal awareness programs, and
training initiatives.

Quasi-Judicial Powers
The NCW has powers of a civil court under the Code of Civil Procedure, 1908, during the course of
investigation:
 Summoning and enforcing the attendance of witnesses.
 Receiving evidence on affidavits.
 Requisitioning public records.
 Issuing commissions for examination.
However, the Commission’s recommendations are not binding, and it does not have enforcement
authority like a regular court.

Role in Advocacy and Legal Reform

The NCW has been instrumental in advocating for various women-centric legislations and reforms,
such as:
 Protection of Women from Domestic Violence Act, 2005.
 Amendment to the Dowry Prohibition Act, 1961.
 Increasing punishment for acid attacks and sexual offences.
 Reviewing implementation of the Sexual Harassment of Women at Workplace Act, 2013.
It also supports Public Interest Litigations (PILs) in matters of women’s rights.

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 Limitations and Criticism
While the NCW has achieved considerable success, it faces several challenges:
 Lack of enforcement powers limits its impact.
 Often criticized for being reactive rather than proactive.
 Appointments can be politically influenced, which may undermine its autonomy.
 Delays in addressing complaints due to limited personnel and resources.
Despite these limitations, the NCW remains a vital institution for gender justice in India.

Judicial Support
Indian courts have recognized the importance of institutions like NCW in interpreting and enforcing
women’s rights. Although its reports and recommendations are not binding, they carry persuasive
value in judicial proceedings.

Conclusion
The National Commission for Women stands as a sentinel for women’s rights in India. As a statutory
body, it plays an important role in investigating grievances, recommending policy measures, and acting
as a bridge between women and the government. Strengthening its powers and ensuring its
recommendations are seriously implemented can make it a more effective tool in advancing women’s
human rights and equality under law.

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 Module 7(b)
National Commission for Protection of Child Rights (NCPCR)

Introduction
Children are one of the most vulnerable sections of society and need special care and protection to
ensure their survival, development, and participation in society. Recognizing this, India established
the National Commission for Protection of Child Rights (NCPCR) under a statutory framework to
ensure that all laws, policies, and programs are in consonance with the rights of the child. The
Commission plays a crucial role in promoting and protecting the rights enshrined in the Constitution
and international conventions, especially the United Nations Convention on the Rights of the Child
(UNCRC).

Statutory Basis
The National Commission for Protection of Child Rights (NCPCR) was established under the
Commission for Protection of Child Rights Act, 2005, which came into effect on 5th February 2007.
This Act was passed to provide a dedicated body at the national level for the protection and promotion
of child rights and to ensure that children receive the rights guaranteed to them by the Constitution of
India and other laws.

Definition of Child
Under Section 2(d) of the Act, a “child” means a person who has not attained the age of 18 years.

Composition of the Commission (Section 3)

The NCPCR consists of:
 A Chairperson, who is a person of eminence and has done outstanding work in promoting the
welfare of children.
 Six Members, at least two of whom shall be women, with experience in education, child health,
child development, juvenile justice, elimination of child labour, child psychology or sociology,
laws relating to children, etc.
Members are appointed by the Central Government, and the term of office is three years, which
may be extended.

Functions of the NCPCR (Section 13)

The Commission has been empowered to:

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  Examine and review the safeguards for child rights under the Constitution and other laws.
 Present reports to the Central Government on the working of these safeguards.
 Inquire into violations of child rights and recommend initiation of proceedings.
 Examine factors that inhibit the enjoyment of rights of children affected by:
o HIV/AIDS,
o trafficking,
o natural disasters,
o armed conflict,
o migration,
o domestic violence,
o child labour,
o children in conflict with law,
o and others.
 Promote awareness and advocacy about child rights.
 Inspect juvenile custodial homes, shelters, child care institutions, etc.
 Promote and undertake research in the field of child rights.

Powers of the Commission (Section 14–15)

The NCPCR has all the powers of a civil court while inquiring into complaints:
 Summoning and examining witnesses,
 Discovery and production of documents,
 Receiving evidence on affidavits,
 Requisitioning public records.
The Commission can also recommend interim relief to victims of child rights violations.

Coordination with State Commissions

Each state has also been empowered to constitute a State Commission for Protection of Child Rights
(SCPCR). These commissions function under similar mandates and report to their respective state
governments.

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 Role and Impact
The NCPCR plays a major role in:
 Advocating child-friendly policies,
 Ensuring the Right to Education Act, 2009 is properly implemented,
 Monitoring schemes like Mid-Day Meal, ICDS, and Juvenile Justice system,
 Taking suo moto cognizance of media-reported child abuse cases,
 Issuing advisories to various government departments on child trafficking, online safety, and
mental health of children.
The Commission acts as a link between the government, judiciary, civil society, and children to
ensure effective implementation of child rights.

Limitations
Despite its importance, the NCPCR faces:
 Resource constraints (staffing and funding),
 Lack of enforcement powers to implement its recommendations,
 Delays in follow-up actions by authorities,
 Need for greater outreach, especially in rural and tribal areas.

Conclusion
The National Commission for Protection of Child Rights is a vital institution ensuring the protection,
education, and development of children in India. While its powers are recommendatory, its
interventions, inquiries, and policy recommendations have played a significant role in strengthening
the legal and institutional framework for children’s rights. With stronger implementation mechanisms
and better coordination with stakeholders, the NCPCR can truly become the voice of children in the
Indian legal and social ecosystem.

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